HomeMy WebLinkAboutCC 2021-04-08 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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Meeting Minutes
Thursday, April 08, 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 April 8, 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 8th day of April 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 9:34 a.m.,
and adjourned at 1:11 p.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
Vice Chair Russell: Good morning, Miami. Welcome to the April 8th, 2021, meeting of the City
of Miann City Commission in these historic chambers. Procedures for the public comment will
be explained by the City Attorney shortly. Procedures for the swearing in of parties for the
planning and zoning and/or 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. The meeting will be opened with a prayer by Commissioner Carollo and a pledge of
allegiance led by Commissioner Watson. Please stand.
Invocation and Pledge of Allegiance delivered.
Vice Chair Russell: Thank you. You may be seated.
PART A - NON -PLANNING AND ZONING ITEM(S)
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ORDER OF THE DAY
Vice Chair Russell: Madam City Attorney, please state the procedures to be followed during
this meeting.
Victoria Mendez (City Attorney): Any person who is a lobbyist pursuant to Chapter 2, Article 6
of the Code of the City of Miami must register with the City Clerk and comply with the related
City requirements for lobbyists before appearing before the City Commission. Any person may
not lobby a City official, board member, or staff member until registering. A copy of the code
section about lobbyists is available in the City Clerk's Office or online at www.municode.com.
Any person making a presentation, formal request, or petition to the City Commission
concerning real property must make the appropriate disclosures required by the City Code in
writing. A copy of this code section is available at the office at the City Clerk or online at
www.municode.com. The City of Miami requires that anyone requesting action by the City
Commission must disclose before the hearing any consideration provided or committed to
anyone for agreement to support or withhold objection to requested action 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 into record at the City
Commissions' discretion. In accordance with Section 2-33(g) and (h) of the City Code, the
agenda and the material for each item on the agenda is available during business hours at the
City Clerk's Office and online 24-hours a day at www.miamigov.com. Any person may be
heard by the City Commission through the Chair and upon registering pursuant to the
published notice for not more than two minutes on any proposition before the City Commission
unless modified by the Chair. Public comment will begin at approximately 9. 00 a.m. and
remain open until public comment is closed by the Chair. Members of the public wishing to
address the body may do so by submitting their written comments via online comment form.
Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to
provide public comment using the online public comment form. The comments submitted
through the comment form have been distributed and will be distributed to elected officials
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 the elected officials up until the Chair closes the public comment.
All comments submitted will be included as part of the record for this meeting and will be
considered by the City Commission prior to any action taken. Public comment may also be
provided live at City Hall located at 3500 Pan American Drive subject to all COVID-19 rules,
regulations, and procedures. Speakers who appear in person will be subject to screening for
symptoms of COVID-19. Any person exhibiting any symptoms will not be permitted to enter
City Hall. All parties are required to abide by state, county, and local emergency orders and
are urged to practice social distancing. If the proposition is being continued or rescheduled,
the opportunity to be heard may be at such a later date before the City Commission takes
action on such proposition. When addressing the City Commission, the member of the public
must first state his or her name, his or her address, and what item will he spoken about. Any
person with a disability requiring assistance, auxiliary aids and services for this meeting may
notify the City Clerk. The City has provided different public comment methods to indicate,
among other things, the public support, opposition, or neutrality on items and topics to be
discussed at the City Commission meeting in compliance with 286.0114(4)(c), Florida Statutes.
The public has been given the opportunity to provide public comment during the meeting and
within reasonable proximity and time before the meeting. Please note, Commissioners have
generally been briefed by City staff and the City Attorney on items on the agenda today.
Anyone wishing to appeal any decision made by the City Commission for any matter
considered at this meeting may need a verbatim record of the item. A video of this meeting may
be requested at the Office of Communications or viewed online at www.miamigov.com. PZ
(Planning and Zoning) items shall proceed according to 7.1.4 of the Miami 21 Zoning
Ordinance, as temporarily modified by Emergency Ordinance Number 13903 and 13914.
Pursuant to Emergency Ordinance 13903 and 13914, parties for any PZ items, including any
applicant, appellant, appellee, City staff and any person recognized by the decision -making
body as a qualified intervenor as well as applicants, representatives, and experts testifying on
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behalf of the applicant, appellant, or appellee may, either be physically present at City Hall to
he 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 in their location by individual
qualified to perform such a duty. Pursuant to Emergency Ordinance Number 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 Florida Statute 286.0115 and Section
7.1.4.5 of the Miami 21 Zoning Ordinance. Staff will briefly present each item to be heard. For
applications requiring City Commission approval, the applicant will present its application or
request to the City Commission. If the applicant agrees with the staff recommendations, City
Commission may proceed to its deliberation and decision. The applicant may also waive the
right to an evidentiary hearing on the record. The order of shall be setforth as in
Miami 21, and the City Code, providing the appellant shall present first. For appeals, the
appellant will present its appeal to the City Commission followed by the appellee. Staff will be
allowed to make any recommendation they may have. Please silence any cellphones and other
noise -making devices. This meeting shall be viewed live on Miami TV, the City's Facebook
page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The
broadcast will be -- also have closed captioning. Thank you.
Vice Chair Russell: Thank you. Mr. Clerk, could you state the procedures for swearing in?
Mr. Hannon: Thank you, Chair. The procedures for individuals who'll be providing testimony
to be sworn in for planning and zoning items and any quasi-judicial items on today's City
Commission agenda will be as follows: The members of the City staff or any other individuals
required to be sworn in who are currently present at City Hall will be sworn in by me, the City
Clerk, immediately after 1 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 CityAttorney's Office.
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'll be providing
testimony. Commissioners, are you comfortable with all the notice provisions set forth in these
uniform rules of procedure we have established for this meeting?
Vice Chair Russell:: Yes.
Mr. Hannon: Chair, ifI may, I'd like to administer the oath now for planning and zoning
items?
Vice Chair Russell: Thankyou, Mr. Clerk.
Mr. Hannon: Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If
you'll be speaking on any of today's Planning and Zoning items. That is 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: Thankyou, Chair.
Vice Chair Russell: Thank you, Mr. Clerk. Good morning, everybody. So, we will be taking up
the public comment in just a moment, please. Thank you for your patience. We're going to now
move to the order of the day where we will set our agenda. Good morning, Mr. Manager.
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Mr. Noriega: Good morning, Mr. Vice Chair, Commissioners, Madam City Attorney, Mr. City
Clerk. At this time, the administration would like to defer or -- and/or withdraw the following
items: SR.2, to be deferred to the April 22nd meeting. AC.1, to be withdrawn.
Commissioner Carollo: Which one?
Vice Chair Russell: A little slower, Mr. Manager.
Mr. Noriega: AC.1, the attorney -client session. DI.2, to be deferred to April 22nd. DI.11, to be
withdrawn. And PZ.3, to be deferred to May 27th.
Commissioner Carollo: PZ.3?
Vice Chair Russell: May 27. You know, I know we talked about that in briefing, Mr. Manager.
I'd like to see if the planning director could bring that one meeting earlier. Could we do it the
first meeting in May?
Mr. Noriega: Yes, sir.
Vice Chair Russell: Thank you very much. So that would --
Commissioner Carollo: Which is D1.2 [sic]?
Vice Chair Russell: May 13th.
Commissioner Carollo: Mr. Manager, D1.2 [sic].
Vice Chair Russell: DI.2.
Mr. Noriega: The discussion item on the exempt properties, taxes paid to the County.
Commissioner Carollo: Okay.
Mr. Noriega: You -- we had discussed it. You had said that let's wait one more meeting to get
more information.
Commissioner Carollo: Yeah. We don't have all the information. I gave you partial.
Mr. Noriega: Yes, sir.
Commissioner Carollo: And I think we need to discuss this one.
Mr. Noriega: Mm-hmm.
Commissioner Carollo: Okay. And then the other one was DI --
Vice Chair Russell: DI.11.
Commissioner Carollo: -- 11.
Vice Chair Russell: Withdraw. That's a discussion on capital projects. I believe that was
Commissioner Reyes' discussion.
Mr. Noriega: Commissioner Reyes' discussion.
Commissioner Carollo: Okay.
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Vice Chair Russell: And then just to clarify it for the Clerk, PZ.3 will be deferred to May 13th.
That's the co -living zoning text element. Just a moment. Is there any items that the
Commissioners would like to see deferred, continued, or withdrawn? Commissioner Diaz de la
Portilla?
Commissioner Diaz de la Portilla: I'd like to defer DI.6 and DI.7.
Vice Chair Russell: DI.6 and 7. To what date would you like to defer?
Commissioner Diaz de la Portilla: Indefinitely.
Vice Chair Russell: Is it possible to withdraw -- defer -- discussion items that we're not going
to take up, just kind of surprise us in six months whereas we can always reset them at any
time?
Commissioner Diaz de la Portilla: So, let's defer them until the last meeting in April -- in May,
I'm sorry.
Vice Chair Russell: May 27th.
Commissioner Diaz de la Portilla: Yes.
Vice Chair Russell: That's D1.6 and 7.
Commissioner Diaz de la Portilla: Yes.
Vice Chair Russell: Last meeting in --
Commissioner Diaz de la Portilla: May.
Vice Chair Russell: -- May, you said. May 27th.
Commissioner Carollo: Well, if you want it withdrawn, why do you want to make him put it for
May 27th?
Vice Chair Russell: It's his choice whether to withdraw or defer. I prefer -- I'd prefer any
discussion item we're not going to take up just to withdraw it. And if you want to talk about it
later, we bring it back up. But it is up to the -- each Commissioner's discussion item and how
they want to handle it.
Commissioner Diaz de la Portilla: All right.
Commissioner Carollo: I'm sorry. I thought --
Vice Chair Russell: Ijust like to keep the -- I'd like to keep the agenda clean for the future so
our discussions would stack up.
Commissioner Carollo: I agree.
Vice Chair Russell: Who's that?
Commissioner Diaz de la Portilla: Not me.
Commissioner Carollo: I thought he said he wanted to withdraw it first, but he did not. He said
defer. So --
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Vice Chair Russell: Correct.
Commissioner Carollo: --1 understand.
Vice Chair Russell: That was my recommendation. His preference is to defer, which is fine. Of
course. Commissioner Reyes.
Commissioner Reyes: Chair? Through the Chair, Mr. Manager --
Vice Chair Russell: Is your mic on, Commissioner?
Commissioner Reyes: Yes. Mr. Manager, I thought that SR.2 was going to be deferred?
Commissioner Carollo: It is.
Commissioner Reyes: It is?
Mr. Noriega: It was the first one I referenced.
Commissioner Reyes: Okay. I wasn't listening, sir. Thank you.
Vice Chair Russell: Are there any other items that commissioners would like to see withdrawn,
deferred, or continued? 1'd like to see SR.2, which is the food delivery app legislation deferred
to 4/22, the next meeting, please.
Commissioner Reyes: Okay.
Vice Chair Russell: We can add that to the list.
Commissioner Carollo: Isn't that the same one (UNINTELLIGIBLE)
Mr. Noriega: Yeah. I put it on the list.
Vice Chair Russell: I'm sorry. This is -- oh, you already did that one?
Mr. Noriega: Yes, sir.
Vice Chair Russell: I apologize.
Commissioner Diaz de la Portilla: Is that the REEF issue?
Commissioner Reyes: Yes.
Vice Chair Russell: Yes. Yes. SR.2. No. Thank you, Mr. Manager. I missed that one. And then
just for the order of the day, I believe we should take PZ.4 first this morning. That is the
ordinance with regard to the gambling settlement. As our third party attorney is here this
morning and can answer questions on that, so we don't keep her on the clock all day.
Commissioner Carollo: Well, not only that, that she would be on the payroll.
Vice Chair Russell: That's what 1 meant. Yep. Yeah. Agreed. Agreed. So, I'll just be taking that
one up after we finish public comment first, if that's all right with everybody?
Commissioner Reyes: Okay.
Commissioner Watson: On the orders. Mr. Chairman?
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Vice Chair Russell: Yes, Commissioner Watson.
Commissioner Watson: Are you going to do pocket items?
Vice Chair Russell: As soon as I get everybody's --
Commissioner Watson: Okay.
Vice Chair Russell: -- referrals, withdrawals, and continuances all set. All right. Are there any
pocket items people would like to add to the agenda?
Commissioner Watson: I actually have one.
Vice Chair Russell: Commissioner Watson, go ahead.
Commissioner Watson: I have one regarding memorial designation that has to be done for
federal government purposes by April 16th.
Vice Chair Russell: I have this in front of me, a resolution of the Miami City Commission
supporting Congresswoman Frederica Wilson's request for federal funding to construct a
permanent COVID-19 Memorial. So that'll be P11, please. Are there any other pocket items to
be added to it?
Commissioner Watson: Yeah, and 1 have also, one. I haven't passed anything out, but 1 can get
something in reference to proper licensing of all of these alternative mobile vehicles that are in
the street. The people who are licensed are getting affected. They don't want to be affected.
And they in effect say, "Hey, give us something so that people now can help us. Maybe they'll
help what's going on and not have unlicensed people now in that business. " So, I don't know if
this --
Vice Chair Russell: I'm sorry, I couldn't hear you very well. If you could lower the microphone.
Licenses for which business?
Commissioner Watson: So, the alternative vehicle business, the Slingshots, the Shot Slings
[sic], all of those sort of things you see running around the street.
Vice Chair Russell: Alternative vehicles?
Commissioner Watson: Yes. All right. There are licensed people saying that they are being
affected by unlicensed people. So, people come down and come from far and wide, setup in
houses, hotel rooms, and alike. And their vehicles now cause them, who are operating a
regular business and a permitted business, bad -- and this is come about because, I guess,
Mayor Del -- Mayor Delbra -- Mayor Gelber wants to ban everybody. And the people who are
doing what they're supposed to be doing are saying, "Why ban us? Just go after the guys who
are not doing what they're not supposed to be doing. " So, I don't know if it's a discussion, but
it's something that I wanted to at least put on the table. I'm not so sure in which category it
should go. In order to ensure that the people who are doing what they're supposed to be doing
don't get affected by, you know, under some sort of ban where we should just go after the
people who are not doing what they're supposed -- you know, not doing what they're supposed
to be doing.
Vice Chair Russell: Madam City Attorney, did you capture the pocket item well enough to give
us something in writing by the time we take it up this afternoon?
Commissioner Watson: I -- I'll give you something in writing.
Vice Chair Russell: Okay. Thank you.
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Commissioner Watson: I just want to make sure 1 --
Vice Chair Russell: Sure. We'll call that PL2.
Commissioner Watson: Okay.
Vice Chair Russell: What would that be, unlicensed vehicles?
Commissioner Watson: Yes.
Vice Chair Russell: Any other pocket items, please?
Commissioner Carollo: Yes.
Vice Chair Russell: Commissioner Carollo.
Commissioner Carollo: I have two pocket items. One is a pocket item reference establishing
per diem fines. The second pocket item is the pocket item instructing the Manager on certain
requirements -- to take action rather, on certain requirements of the City Code that have
recently stopped, I believe, with COVID.
Ms. Mendez: Commissioner, could you repeat that last one?
Commissioner Carollo: The last one is a resolution instructing the City Manager to re -institute
certain requirements of our City Code.
Vice Chair Russell: Thank you. I've got PL 3 as per diem fines, PL 4 as in reenacting code
requirements.
Commissioner Carollo: Yes.
Vice Chair Russell: Thank you. That's PI.3 and 4. Any other pocket items?
Mr. Noriega: I have a pocket item.
Vice Chair Russell: Mr. Manager, go ahead. Yeah.
Mr. Noriega: Yeah. It's in reference to a property within District 3, on Southwest 7th, that was
originally purchased with park impact fee monies for the intended use of a park. The intent is
to convert that property for use as an affordable housing homeownership, so we need to do a
transfer of funds, allocate money from the Miami Forever Bond money to repay the park
impact fee money, release those back to District 3's allocation. And then obviously, formally,
obviously, the intent is now changed because now it going to be an affordable housing project.
Vice Chair Russell: Thank you. The property was purchased but not yet re -zoned, correct?
Mr. Noriega: Correct.
Vice Chair Russell: Okay. Part 2, affordable housing. That's PL 5. That'll be a property
conversion to affordable housing. Are there any other pocket items, please? Which is this?
Unidentified Speaker: (UNINTELLIGIBLE).
Vice Chair Russell: Okay. Got it.
Commissioner Carollo: Thank you.
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Vice Chair Russell: Would you like to be recognized? Is it -- Fm pointing past you, Victoria.
Sorry. Is there a pocket item from the mayor's office?
Mr. Noriega: I think the mayor is going to wait until the afternoon to introduce that pocket
item.
Vice Chair Russell: Okay. If it involves a third party attorney, then I will reset that PZ.4, was
it, for first item in the afternoon instead offirst item this morning. That way I'll free up Rocky's
morning and then we'll come back in the afternoon; is that fine?
Unidentified Speaker: Yes.
Vice Chair Russell: All right. So, we won't be taking up PZ.4 at 9:30. We'll be taking -- well,
it's already 9..50. Well be taking it up at 2:00 p.m. or whenever we come back from lunch. All
right. Any other pocket items? Mr. Clerk?
Mr. Hannon: I do not have any pocket items, but 1 have two co-sponsor requests.
Commissioner Reyes would like to co-sponsor RE.5, and Commissioner Reyes would also like
to co-sponsor FR.1.
Vice Chair Russell: Very good. Noted. All right. is there a motion on the order of the day?
Commissioner Diaz de la Portilla: So moved.
Commissioner Watson: Moved.
Vice Chair Russell: Moved by Commissioner Diaz la Portilla, seconded by Commissioner
Watson. Any further discussion?
Commissioner Reyes: Nope.
Vice Chair Russell: All in favor, say "aye.
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes. Thank you very much.
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PUBLIC COMMENTS FOR ALL ITEM(S)
8858 DISCUSSION ITEM
Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
Clerk PUBLIC FOR THE APRIL 8, 2021 CITY COMMISSION MEETING.
RESULT: PRESENTED
Vice Chair Russell: 1 will open up the floor for public comment at this point. Thank
you again for all your patience. Everyone will have two minutes to speak. I believe we
have a station set up outside if you feel safer in the fresh air where you can address us
virtually on the screen. For those who would like to speak in person here, you have
two minutes a piece. Please wait for the lecterns to be cleaned by Clara, and she will
sanitize in-between each user. And you have two minutes to speak. Try not to touch
stuff as much as possible. Try to social distance. But please feel free to get up and line
up with six-foot distancing at each lectern at this point. So if here to speak on
any item on the agenda whatsoever, planning and zoning or otherwise, you can come
up to the lecterns now. Discussion items, anything you'd like to address. What we'll
ask is that you say your name, state the item you're speaking on, and then your two
minutes will begin. Good morning.
Dave Koster: Good morning. My name's Dave Koster. I'm going to be speaking on
item D.15 [sic] on behalf of Miami Yacht Club. We would like to be included in
discussions moving forward with any development that directly affects the long-term
plans and our Olympic programs. That's it.
Vice Chair Russell: Thank you. I believe well be taking that discussion item up after
the action items in the agenda. Good morning, sir.
Leroy Jones: Good morning, Commissioners. Good morning, Chair. My name is
Leroy Jones, 5120 Northwest 24th Avenue, the Circle of Brotherhood. Me and some
of my guys are here in support of PZ.1 and PZ.2. It's so very great to see a project
that's on this agenda that will serve the community and property that is owned by
someone that lives in the area that's being developed. So, I want you to know I have
participated in some of the planning meetings they had about the project, have full
confident [sic] in the developer and the contractors, and we ask that you unanimously
support this item because it's very needed. And -- but not only that, think about this.
When people pass by and see that completed project and know that that land and the
people that own that property is from that neighborhood. lived in that neighborhood
their entire life, what that's going to do to the morale of other people that live there.
So, we ask you to please support that iteni. PZ.1, PZ.2. Thank you so much.
Vice Chair Russell: Thank you. That's the Plaza Street rezoning. Thank you for your
comments. Who else is here to speak on any item on the agenda please? Feel free to
lineup at both lecterns so Clara can clean the other one while you're speaking. Pastor
Robinson, good morning.
Nathaniel Robinson: Good morning, Commissioners. My name is Reverend Nathaniel
Robinson III I'm the senior pastor of Greater Saint Paul African Methodist Episcopal
Church, 3680 Thomas Avenue. I'm here today representing Grove Rights and
Community Equity Incorporated. First comment is about the Better Bus Network. At a
CGMA Ministerial Alliance meeting, the community overwhelmingly opposes the
proposal -- the proposed recommendations to cancel the 37 line. The line runs along
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Douglas Road south of US 1. And the community is requesting a resolution reflecting
support of the domestic workers and others who depend on public transit to get to
work, to get themselves and their childrens [sic] to doctors appointments, to purchase
groceries, and other personal needs. So, we're requesting the support of the
Commission on the community's perspective on that item. The second item we're here
today to support is PZ.1, 6760. The applicants requesting the change in zoning
designation have made good faith negotiations with Grove Rights and Community
Equity, which represents a large aggregation of the community -- of community
organizations and residents in West Coconut Grove and have entered into and
executed a community benefits agreement with GRACE (Grove Rights and
Community Equity). The applicants have agreed to make -- have agreed to a
percentage of the units in the future development to be affordable for low-income
residents based on the County AMI (Area Median Income) chart. They've agreed to
give long-term job priority to residents of the community surrounding the
development. They've agreed to make a generous financial contribution to Rebuilding
Together Miami who has partnered with GRACE to rehab homes and residential
properties occupied by low-income families in West Coconut Grove. And so, because
of the terms of the executed CBA (Community Benefits Agreement), GRACE supports
the application for the zoning change from duplex residential to medium density and
multi family residential, and we recommend approval, and we'd like to submit a
resolution of support today.
Vice Chair Russell: Thank you. Please submit to the Clerk and we'll have it on the
record.
Mr. Robinson: Thank you.
Vice Chair Russell: Thank you, Pastor. Good morning, sir.
Charles Gibson: Good morning. My name is Charles Gibson. My address is 3634
Grand Avenue. I'm a long time Grove resident. My roots go deep in Coconut Grove.
Not only am I a personal resident, but also have businesses along Grand Avenue. As
one of the only developers who have done projects on Grand Avenue Gibson Plaza,
I'm in full support of PZ.1 and PZ.2. I have full faith in the developers. I have also a
personal relationship with them. Not business but personal in the sense that I've
known one of the developers for all of my life. And I know that all of his projects that
he's a part of is done in the best interests of the community.
Vice Chair Russell: Thank you for your comments. Good morning, Mr. Martin.
Reynold Martin: Good morning, Commission. I'm Reynold Martin. I'm a second vice
president of West Grove Homeowners and Tenants Association and we have met with
one or more of the developers and we support PZ.1 and PZ.2. We think that it's
important that residents become actively involved in the development of their
community. And this is one of those circumstances where this is what's happening,
and it's a good example for the rest of us so that we can guarantee some stay here in
this community that we've been in since late 1800s. Thankyou, sir.
Vice Chair Russell: Thank you, Mr. Martin. Good morning, sir.
George Simpson: Good morning, Commission. My name is George Simpson. I'm at
3801 Thomas Avenue. I would like to express the support of myself and Stirrup
Properties for items PZ.1 and 2, which are being promoted by a long-term resident of
Coconut Grove, who I personally have known since we were kids. Other than the fact
that he used to cheat at marbles, he's a person of upstanding character, and he has
been planning this project where, I believe, he plans to live in it. And it should be
noted that the long term residents of the Grove plan to be involved in different types of
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projects, that is commercial projects, hotel, hospitality projects, and other projects of
that type. Thank you.
Vice Chair Russell: Thank you, Mr. Simpson. Good morning, sir.
Sammy Lamy: Good morning. My name is Sammy Lamy. I'm here to support myself
for the PZ.15, the Board of Committees for the Little Haiti Trust. I believe, being that
I spent a majority of my life in this community growing up in Little Haiti, going to
church there, going to school there, I believe that 1 can be an integral part in the
board. 1 know we all have a vision for Little Haiti. Myself too, 1 would --1 think the
vision should be very inclusive, include all stakeholders. And, yeah, that's why I'm
here.
Vice Chair Russell: Thank you.
Robert Young: Excuse me. How are you doing? Robert Young, 3576 Charles Avenue,
lifelong resident of Coconut Grove, I've been in West Grove now, as it's called, for
more than 60 years. Mr. Shiver, one of the co -developers of this project is not only a
good friend of mine, we grew up together. I've known him for more than 50 years,
known the family. I've been intimately involved with this particular project. We have
had several meetings in Coconut Grove in reference to the development of this
property. It was some backlash, but we -- there were people who didn't understand the
project. They didn't understand the deal, they didn't understand the project, they
didn't know what we were about. But as we got farther into the project, a lot of people
were educated, and now I think they've come around. 1 know they've come around.
And Mr. Shiver and the rest of the development group are -- as a matter -- he intends
to live there, and the rest of the development group have done yeoman's work in
bringing this project to fruition. And I, for one, am in favor of it. And as I say,
anybody and everybody who's been involved with this project now knows what -- in
particular GRACE and everybody else knows what the project is about. And I'm in
favor of approving it, PZ.1 and PZ.2. And I think that's about it for my comments.
Vice Chair Russell: Thank you for your comments. Good morning.
Lola Capera: Good morning. Good morning, Commissioners. My name is Lola
Capers, I'm with the Community Awareness Construction Services. I'm here to
support PZ.1 and PZ.2. The reason for that is that the developer has committed to
hiring individuals from the actual community. And I know that a number of
Commissioners are very strong on that type of support. So, what we would do when
we would go to the community, and we have job fairs, and we would actually put
people to work from that area on that project. And 1 think at this time and day, due to
the pandemic, we have a lot ofpeople that lost jobs and we have a lot ofpeople that
needs jobs. So, I hope for you to give us your 100 percent support on PZ.1 and PZ.2.
Thank you.
Vice Chair Russell: Thank you. Just a moment. Let her disinfect the lectern, please.
Good morning.
Charlie Coney: Good morning. My name is Charlie Coney and I'm here to support
PZ.1 and PZ.2. I was born and raised in Coconut Grove, and what a lovely place to
grow up in. One of the developers, regards to PZ. 1 and 2 is Mr. Neil Shiver, and I
grew up knowing him. What a wonderful family. This rezoning application is seeking
to improve his property. And I think what a wonderful thing to do. But I'm just so
happy to know that Neil made a decision to remain in Coconut Grove and develop it.
And because he's stepping up to make a decision to do something for the community, I
want to support that and support PZ.1 and PZ.2. Thank you.
City of Miami
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Vice Chair Russell: Thank you. Is there anyone else here to speak on any item on
today's agenda? Going once. Going twice. All right. We will be closing public
comment for today's agenda if there's no one else here who'd like to contribute.
Alright. Thank you very much.
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: Are there any Mayoral vetoes, Mr. Clerk?
Todd B. Hannon (City Clerk): Chair, there are no Mayoral vetoes.
Vice Chair Russell: Very good.
END OF MAYORAL VETO(ES)
City of Miami
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Meeting Minutes April 8, 2021
CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
CA.1 RESOLUTION
8700
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING AND APPROPRIATING A GRANT
IN AN AMOUNT NOT TO EXCEED SEVENTY-FIVE THOUSAND
DOLLARS ($75,000.00) FROM THE MIAMI-DADE
TRANSPORTATION PLANNING ORGANIZATION
ADMINISTERING FEDERAL FUNDS FROM THE UNITED STATES
DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT
ADMINISTRATION'S METROPOLITAN PLANNING AND
RESEARCH GRANT FUNDS TO THE CITY OF MIAMI'S ("CITY")
DEPARTMENT OF RESILIENCE AND PUBLIC WORKS FOR THE
UPDATE TO THE 2009 CITY BICYCLE MASTER PLAN, OFFICE
OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B203613
("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO
ALLOCATE AND APPROPRIATE A TOTAL AMOUNT NOT TO
EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00)
FROM LEGALLY AVAILABLE FUNDING SOURCES FOR THE
PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT AWARD AGREEMENT ("GRANT
AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
AND TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS,
RENEWALS, AND MODIFICATIONS TO THE GRANT
AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, FOR COMPLIANCE WITH THE GRANT AGREEMENT
AND TO IMPLEMENT THE PROJECT.
ENACTMENT NUMBER: R-21-0134
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.l, please see "End
of Consent Agenda."
CA.2 RESOLUTION
8701
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING TWO (2) RIGHT-OF-WAY DEEDS
OF DEDICATION ("DEEDS") AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED,
FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING
THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE
CITY CLERK TO RETAIN COPIES OF THE DEEDS.
ENACTMENT NUMBER: R-21-0135
City of Miami
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Meeting Minutes April 8, 2021
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
8702
Office of Grants
Administration
CA.4
8795
Department of Fire -
Rescue
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING,
ALLOCATING, AND APPROPRIATING GRANT FUNDS FROM THE
CITIES FOR FINANCIAL EMPOWERMENT FUND, INC., A
DELAWARE NON -STOCK, NON-PROFIT CORPORATION ("CFE
FUND"), IN AN AMOUNT NOT TO EXCEED TWO HUNDRED
THOUSAND DOLLARS ($200,000.00) ("GRANT"); ESTABLISHING
A NEW SPECIAL REVENUE PROJECT TITLED "SUMMER YOUTH
EMPLOYMENT AND FINANCIAL EMPOWERMENT EXPANSION
PROGRAM 2021" FOR THE PURPOSES OF EXPANDING AND
SUPPORTING ADDITIONAL SUMMER YOUTH EMPLOYMENT
OPPORTUNITIES WITH LOCAL BUSINESSES AND ENTITIES AS
WELL AS CONTINUE TO ADHERE TO ESTABLISHED PROGRAM
COMPONENTS TO CONNECT PARTICIPANTS TO FINANCIAL
COUNSELING AND BANKING OPPORTUNITIES; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE THE GRANT AWARD AGREEMENT AND ANY
AMENDMENTS AND EXTENSIONS THERETO, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO
IMPLEMENT SAID GRANT AWARD FOR THE PERIOD
COMMENCING MARCH 15, 2021 AND ENDING MARCH 15, 2022,
WITH THE OPTION TO RENEW FOR UP TO TWO (2)
ADDITIONAL ONE-YEAR PERIODS WITH THE SAME TERMS AND
CONDITIONS.
ENACTMENT NUMBER: R-21-0136
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.3, please see "End
of Consent Agenda."
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING A FEDERALLY -FUNDED
SUBAWARD AND GRANT AGREEMENT ("GRANT") FROM THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY'S
FEDERAL EMERGENCY MANAGEMENT AGENCY PASSED
THROUGH THE STATE OF FLORIDA'S DIVISION OF
EMERGENCY MANAGEMENT TO THE CITY OF MIAMI FOR
REIMBURSEMENT OF EXPENSES ATTRIBUTABLE TO
HURRICANE ISAIAS; ESTABLISHING A NEW SPECIAL REVENUE
PROJECT TITLED "ISAIAS CAT-B PROTECTIVE MEASURES"
CONSISTING OF SAID GRANT; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE THE GRANT, IN SUBSTANTIALLY
THE ATTACHED FORM, AND ANY AND ALL OTHER NECESSARY
DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE ACCEPTANCE, ADMINISTRATION OF,
AND COMPLIANCE WITH SAID GRANT.
ENACTMENT NUMBER: R-21-0137
This matter was ADOPTED on the Consent Agenda.
City of Miami
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Meeting Minutes April 8, 2021
Note for the Record: For minutes referencing Item Number CA.4, please see "End
of Consent Agenda."
CA.5 RESOLUTION
8774
Office of Capital
Improvements
CA.6
8772
Office of the City
Attorney
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A STIPULATION OF PARTIES AGREEMENT ("SOP"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA EAST
COAST RAILWAY ("FEC") AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION 1) FOR THE CONSTRUCTION OF A
RAILROAD CROSSING ALONG NORTHEAST 42ND STREET
BETWEEN NORTHEAST 4TH AVENUE AND FEDERAL HIGHWAY
WITHIN THE FEC RIGHT OF WAY, OFFICE OF CAPITAL
IMPROVEMENTS ("OCI") PROJECT NO. 40-B173901 AND 2) TO
CLOSE THE RAILROAD CROSSING AT NORTHEAST MIAMI
COURT BETWEEN NORTHEAST 71ST STREET AND
NORTHEAST 74TH STREET, OCI PROJECT NO. 40-B183616
(COLLECTIVELY, "PROJECT"); FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND
MODIFICATIONS TO THE SOP, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, AS MAY BE NECESSARY FOR THE
PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE FEC'S STANDARD GRADE
CROSSING LICENSE AGREEMENT FOR THE USE AND
EXISTENCE OF THE NORTHEAST 42ND STREET RAIL -
HIGHWAY PUBLIC AT GRADE CROSSING IN COMPLIANCE WITH
THE TERMS OF THE SOP; PROVIDING FOR THE BUDGETING,
ALLOCATION, AND APPROPRIATION OF FUNDS BY SEPARATE
RESOLUTION.
ENACTMENT NUMBER: R-21-0138
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For minutes referencing Item Number CA.5, please see "End
of Consent Agenda."
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE A
SETTLEMENT AGREEMENT AND THE DIRECTOR OF FINANCE
TO PAY BRUCE POWERS, THE PLAINTIFF, WITHOUT
ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF
$99,999.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR
ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS
OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY,
"CITY") IN THE CASE STYLED BRUCE POWERS VS. CITY OF
MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT
COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 19-CV-
23940-UU, UPON THE EXECUTION OF A GENERAL RELEASE OF
ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY
WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO.
00001.980000.531010.0000.00000.
ENACTMENT NUMBER: R-21-0139
City of Miami
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Meeting Minutes April 8, 2021
This matter was ADOPTED WITH MODIFICATION(S) on the Consent
Agenda.
Note for the Record: For minutes referencing Item Number CA.6, please see "End
of Consent Agenda."
END OF CONSENT AGENDA
Vice Chair Russell: So, I will move to today's consent agenda. These are items CA.1,
2, 3, 4, 5, and 6. Is there a motion for the consent agenda?
Commissioner Diaz de la Portilla: So moved.
Vice Chair Russell: Moved by Commissioner Diaz de la Portilla. Is there -- seconded
by Commissioner Reyes. Is there any further discussion?
Todd B. Hannon (City Clerk): Chair?
Vice Chair Russell: Yes.
Mr. Hannon: It's my understanding that CA.6 needs to be amended.
Vice Chair Russell: Is there an amendment on the settlement item, Madam City
Attorney?
Victoria Mendez (City Attorney): You received a substitution that changed the case
number, I believe.
Vice Chair Russell: It was simply a case number issue, not a substantive change?
Ms. Mendez: Right.
Vice Chair Russell: Thank you. Noted. Any further discussion on the dais? All in
favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes on the consent agenda.
City of Miami
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Meeting Minutes April 8, 2021
PH - PUBLIC HEARINGS
PH.1 RESOLUTION
8703
Office of Grants
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
WRITTEN RECOMMENDATIONS AND FINDINGS, ATTACHED AND
INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE
NEGOTIATION METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI
("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, AND WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE
RECOMMENDATIONS AND FINDINGS OF THE CITY'S
DEPARTMENT OF GRANTS ADMINISTRATION, SUMMER YOUTH
EMPLOYMENT & FINANCIAL EMPOWERMENT EXPANSION
PROGRAM 2021 THAT THE OVERTOWN YOUTH CENTER INC.
("PROVIDER"), A FLORIDA NOT FOR PROFIT CORPORATION, IS
A SUFFICIENTLY QUALIFIED AND RESPECTED FIRM THAT HAS
THE EXPERIENCE, INFRASTRUCTURE, AND PROGRAMMATIC
KNOWLEDGE TO COORDINATE AND IMPLEMENT THE SUMMER
PROGRAM AND TO PLACE LOCAL YOUTH IN SUMMER JOBS;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
PROVIDER IN AN AMOUNT NOT TO EXCEED TWO HUNDRED
THOUSAND DOLLARS ($200,000.00) FOR THE PERIOD
COMMENCING APRIL 1, 2021 AND ENDING MARCH 30, 2022
WITH THE OPTION TO RENEW FOR UP TO TWO (2) ADDITIONAL
SIMILAR PERIODS UNDER THE SAME TERMS AND CONDITIONS.
ENACTMENT NUMBER: R-21-0140
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Vice Chair Russell: Is there a motion for PH.1 and PH 2?
Commissioner Reyes: Move it.
Vice Chair Russell: Moved by Commissioner Reyes.
Commissioner Diaz de la Portilla: Second.
Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla. PH.1 is a
fifths to be noted.
Unidentified Speaker: (INAUDIBLE).
Vice Chair Russell: Yes, sir.
bur -
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Unidentified Speaker: (INAUDIBLE).
Vice Chair Russell: Yes. Summer Youth Employment Program and the Brownfield
Designation Request. Any further discussion on the dais? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes on PILL and PH.2.
PH.2 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.
ENACTMENT NUMBER: R-21-0141
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For additional minutes referencing Item Number PH.2, please
see Item Number PH.1.
Victoria Mendez (City Attorney): Chairman?
Vice Chair Russell: Yes, Madam City Attorney.
Ms. Mendez: Since you passed PH.2, could I just read a script for the next -- a small
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little --
Vice Chair Russell: For which item?
Ms. Mendez: Could I read something with reference to PH.2 since it's going to be on
the agenda for April 22nd? The Brownsfield?
Vice Chair Russell: Oh, yes. For the item that just passed?
Ms. Mendez: Yes.
Vice Chair Russell: Yes. You --
Ms. Mendez: I just have to read for the next date. Pursuant to Section 376.80 Florida
Statutes requires an announcement to be made at the City Commission meeting
proceeding the meeting where the City Commission may or will consider the
designation or a Brownsfield. I'm hereby announcing that on April 22nd, the City
Commission meeting -- the City Commission will consider a resolution designating
the properties located at 145, 155, 165, and 191 Southwest I2th Street, and 1105,
1115, 1131, and 1133 Southwest 2nd Avenue, Miami, Florida. 33130 as possible
Brownsfield sites within the City of Miami forpurpose of environmental rehabilitation
pursuant to the same section 376.80 Florida Statutes. Thank you.
Vice Chair Russell: Thank you very much.
END OF PUBLIC HEARINGS
City of Miami
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RE.1
8649
Department of Fire -
Rescue
RE - RESOLUTIONS
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE
PROJECT TITLED "URBAN AREA SECURITY INITIATIVE ("UASI")
GRANT PROGRAM FISCAL YEAR 2020" AND APPROPRIATING
FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF
$14,012,500.00, CONSISTING OF A GRANT FROM THE UNITED
STATES DEPARTMENT OF HOMELAND SECURITY DIRECTLY
TO THE STATE OF FLORIDA DIVISION OF EMERGENCY
MANAGEMENT ("GRANT AWARD"); AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE
THE FEDERALLY -FUNDED SUBGRANT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS,
ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN
ORDER TO IMPLEMENT THE ACCEPTANCE OF AND
COMPLIANCE WITH SAID GRANT AWARD; AUTHORIZING THE
CITY MANAGER TO EXTEND THE FISCAL YEAR 2020 UASI
GRANT PROGRAM, AS NECESSARY; AUTHORIZING THE
EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL
AGENCIES DESIGNATED FOR HOMELAND SECURITY
EXPENSES PURSUANT TO THE UASI GRANT GUIDELINES;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH CONTIGUOUS PARTNERS OF THE
CITY OF MIAMI ("CITY") SETTING FORTH THE PARTIES'
RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT
AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE
CITY'S DEPARTMENT OF FIRE -RESCUE, CONTINGENT UPON
FUNDING OF SAID PROJECT BEING SECURED.
ENACTMENT NUMBER: R-21-0142
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Vice Chair Russell: Moving to the RE agenda, the resolutions. Is there a motion on
RE.1, 2, 3, 4, 5? REs 1 through 5. Moved by Commissioner Carollo, seconded by
Commissioner Reyes.
Commissioner Watson: Second.
Vice Chair Russell: Yes? Who spoke? I thought I heard somebody asking to be
recognized.
Commissioner Watson: (UNINTELLIGIBLE).
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Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner
Reyes. Any further discussion on the dais? RE.2 and 3 are four -fifths items. All in
favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes.
RE.2 RESOLUTION
8790
Department of
Housing and
Community
Development
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE, RETROACTIVELY RATIFYING, CONFIRMING, AND
APPROVING THE CITY MANAGER'S RECOMMENDATION AND
WRITTEN FINDING, ATTACHED AND INCORPORATED AS
EXHIBIT "A", FOR THE SELECTION OF NAN MCKAY AND
ASSOCIATES, INC., A FOREIGN PROFIT CORPORATION
AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF
FLORIDA ("NMA"), PURSUANT TO SECTION 18-90 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING METHODS AS NOT BEING PRACTICABLE OR
ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE
PROVISION OF EMERGENCY RENTAL ASSISTANCE PROGRAM
("ERAP") MANAGEMENT SERVICES ("SERVICES") FOR THE
CITY'S DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR THE APPROXIMATE AMOUNT OF EIGHT
HUNDRED FIFTY SIX THOUSAND EIGHT HUNDRED DOLLARS
($856,800.00); RETROACTIVELY AUTHORIZING THE CITY
MANAGER'S NEGOTIATION AND EXECUTION OF AN
AGREEMENT WITH NMA FOR THE ERAP SERVICES, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY
AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO
ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-21-0143
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item Number RE.2, please see Item
Number RE.1.
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RE.3 RESOLUTION
8789
Department of
Human Services
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE, RETROACTIVELY RATIFYING, CONFIRMING, AND
APPROVING THE CITY MANAGER'S RECOMMENDATION AND
WRITTEN FINDING, ATTACHED AND INCORPORATED AS
EXHIBIT "A", FOR THE SELECTION OF VARIOUS GROCERY
VENDOR STORES PURSUANT TO SECTION 18-90 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR
ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE
PURCHASE OF GROCERY VENDOR STORE GIFT CARDS FOR
DISTRIBUTION BY THE CITY'S DEPARTMENT OF HUMAN
SERVICES FOR THE APPROXIMATE AMOUNT OF FIVE MILLION
EIGHT HUNDRED SEVENTEEN THOUSAND THREE HUNDRED
SEVENTY FIVE DOLLARS ($5,817,375.00); AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS,
RENEWALS, AND EXTENSIONS, SUBJECT TO ALL
ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-21-0144
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item Number RE.3, please see Item
Number RE.1.
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Meeting Minutes April 8, 2021
RE.4 RESOLUTION
8697
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING A PERPETUAL EASEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FROM JUAN F.
TARANCON AND OMAIRA GRAJALES TO ACCOMMODATE
PUBLIC INGRESS AND EGRESS OVER AND UPON THE
PORTION OF THE STREET LOCATED ON PRIVATE PROPERTY
AT 430 SOUTHWEST 31ST AVENUE, MIAMI, FLORIDA 33125 AND
SUPPORT THE CITY OF MIAMI'S ROADWAY RECONSTRUCTION
AND NARROWING PROJECT AT CORAL NOOK CIRCLE, OFFICE
OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B193601.
ENACTMENT NUMBER: R-21-0145
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item Number RE.4, please see Item
Number RE.1.
RE.5 RESOLUTION
8840
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING
NO OBJECTION AND SUPPORTING THE CO -DESIGNATION BY
THE FLORIDA LEGISLATURE OF STATE ROAD 90/SOUTHWEST
8 STREET FROM SOUTHWEST 12 AVENUE TO SOUTHWEST 14
AVENUE, MIAMI, FLORIDA AS "ROSA MARIA PLASENCIA WAY";
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A
CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS
STATED HEREIN.
ENACTMENT NUMBER: R-21-0146
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item Number RE.5, please see
"Order of the Day" and Item Number RE.1.
END OF RESOLUTIONS
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SR - SECOND READING ORDINANCES
SR.1 ORDINANCE Second Reading
8608 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Office of the City CHAPTER 46/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
Attorney FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PUBLIC
NUISANCES/DEFINITIONS", TO UPDATE THE CITY CODE BASED
UPON THE RECENT AMENDMENT TO SECTION 893.138,
FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13988
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Vice Chair Russell: While you're reading, could you read SR.1 into the record, please,
Madam City Attorney?
Victoria Mendez (City Attorney): SR.1.
The Ordinance was read by title into the public record by the City Attorney.
Vice Chair Russell: Thank you very much. Is there a motion on SR.1, public
nuisances?
Commissioner Carollo: So moved.
Commissioner Reyes: Move it.
Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner
Reyes. Any further discussion on the dais? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes on SR.1.
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SR.2 ORDINANCE Second Reading
8696
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING CHAPTER 31/ARTICLE II/SECTION
31-51 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "LOCAL BUSINESS TAX AND
MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS
TAX (BTR)/FOOD TRUCKS OPERATING ON PRIVATE LAND," TO
ESTABLISH A PILOT PROGRAM FOR APP-BASED MEAL
PRODUCTION ON PRIVATE LAND; CONTAINING A SUNSET
PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Jeffrey Watson, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: Item SR.2 was deferred to the April 22, 2021, City Commission
Meeting.
Note for the Record: For minutes referencing Item Number SR.2, please see
END OF SECOND READING ORDINANCES
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Meeting Minutes April 8, 2021
FR - FIRST READING ORDINANCE
FR.1 ORDINANCE First Reading
8812
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION NAMING THE
PARK AT 3805 NORTHEAST 6 AVENUE, MIAMI, FLORIDA AND
CURRENTLY KNOWN AS E. ALBERT PALLOT PARK AS "JOSE
MILTON PARK AT THE E. ALBERT PALLOT GREEN SPACE";
AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND
RECREATION/IN GENERAL", BY CREATING SECTION 38-27,
TITLED "NAMING OF JOSE MILTON PARK AT THE E. ALBERT
PALLOT GREEN SPACE"; FURTHER DIRECTING THE CITY
MANAGER TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS
NECESSARY TO EFFECTUATE THE RENAMING OF THE PARK;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For additional minutes referencing Item Number FR.1, please
see "Order of the Day."
Vice Chair Russell: FR.1, naming of Jose Milton Park at Albert Pallot Green Space.
Madam City Attorney, if you could read into the record, please.
The Ordinance was read by title into the public record by the City Attorney.
Vice Chair Russell: Thank you, Madam City Attorney. Is there a motion on FR.1?
Commissioner Diaz de la Portilla: So moved.
Vice Chair Russell: Moved by Commissioner Diaz de la Portilla. Seconded by the
Chair. Any further discussion?
Commissioner Watson: Yeah.
Vice Chair Russell: Yes.
Commissioner Watson: Just make note for sometimes people who are not necessarily
clear. I knew Mr. Pallot. I knew of Mr. Milton. Not so sure how Mr. Milton got
something named over here. But be it that it may, Mr. Pallot's name is not being
removed. Mr. Milton's name is being added.
Vice Chair Russell: Thank you. That's a very important clarification and I do
appreciate that. Any further discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes on FR.1. Thank you.
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END OF FIRST READING ORDINANCE
City, of Miami
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AC.1
8837
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 APRIL 8, 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
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Jeffrey Watson, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item Number AC.1, please see
"Order of the Day."
END OF ATTORNEY -CLIENT SESSION
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Meeting Minutes April 8, 2021
DI - DISCUSSION ITEMS
DI.1 DISCUSSION ITEM
8592 A DISCUSSION ITEM FOR AN UPDATE REGARDING STATUS OF
City Manager's LEGISLATIVE SESSION.
Office
RESULT: DISCUSSED
Vice Chair Russell: Mr. Manager, DI.1, discussion regarding the status of legislative
session.
Arthur Noriega (City Manager): I know that everybody received their update this
week. There are a couple of appropriation items I -- on the back of that list are the
appropriations and the status of them. The majority of them have moved beyond
committee -- past the committee and are now scheduled to go before appropriations.
The only ones that have not moved out of committee were HB (House Bill) 3213,
which is a land acquisition adjacent to Marlins Park; Downtown beautification
Flagler Street economic revitalisation project, which is HB 3205; and the Biscayne
Bay tidal valves and storm -water improvements, which is 3573. Those are the only
three that haven't moved beyond committee, but the other ones are all still in play.
Various dollar amounts being discussed depending on whether you're looking at it
from the perspective of the House versus the Senate. We had a very productive visit
last week. And I'm optimistic that we're going to have some semblance of success here
by the end of session.
Vice Chair Russell: I'd love to get a briefing on the ones that are stuck in committee to
see if there's anything we can do in any relationships we have to help that.
Mr. Noriega: Certainly.
Vice Chair Russell: Thank you.
Mr. Noriega: I'll have Alex reach out.
Victoria Mender (City Attorney): Chairman, I wanted to ask a question with regard to
items in -- at session. Is anyone -- does anybody have a relationship with Fernandez-
Barquin, Representative Fernandez-Barquin, by any chance?
Mr. Noriega: Yeah, we have a member of our team that's close to him, he's actually
Ms. Mendez: Okay. So I'll follow up with both of you.
Mr. Noriega: Yeah.
Ms. Mendez: Thank you.
Mr. Noriega: We also have --
Commissioner Reyes: Yes, I do.
Mr. Noriega: -- Jose Fuentes here, who's, you know, part of our group.
Commissioner Reyes: I can --
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DI.2
8767
City Manager's
Office
Mr. Noriega: I don't know if he wants to pop out and say a few words if we have any
questions for him.
Commissioner Reyes: -- I will try to reach out to him. And I want -- now that we are
in the -- I mean, we are talking about our -- what we are doing in -- at the state level
and how our requests are moving forward. I want to thank our team. And Mr.
Manager, as you recall, we took a trip last week and it was very jrui ful. And the, I
would say, the professionalism and the access to all the legislators that our team has,
it was spectacular. 1 mean, all the doors were open, and we had very productive
meetings with different -- I mean, I'm going to say it was both parties. We met with
legislators from both parties, and we had a wonderful reception. I'm taking this
opportunity to thank you. Particularly the Dade delegation and our team -- our
lobbyist team -- that they did a wonderful job. Wonderful job.
Vice Chair Russell: Thank you, Commissioner Reyes. Mr. Manager, do we have
anyone yet representing us at the federal level?
Mr. Noriega: No. We're still working on that. We're pretty close.
Vice Chair Russell: And the reason I ask is we got very fortunate on the rescue -- the
American Rescue Plan. There is now an infrastructure bill going through. And as 1
listened to the news, I'm hearing many cities, and many projects getting actually
named currently. I don't hear Miami. So, I would love for us to have someone
speaking on our behalf in Washington and advising us on how we can best make sure
that our projects benefit.
Mr. Noriega: I actually hope to have somebody and a recommendation to -- that is
with this -- the Commission by next meeting.
Vice Chair Russell: Thank- you very much.
Mr. Noriega: You're welcome.
DISCUSSION ITEM
A DISCUSSION REGARDING TAXES AND FEES PAID TO MIAMI-
DADE COUNTY AND SERVICES RENDERED BY SAME.
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
Note for the Record:
Meeting.
Note for the Record:
of the Day."
Defer
DEFERRED
Alex Diaz de Ia Portilla, Commissioner
Jeffrey Watson, Commissioner
Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Item DL2 was deferred to the April 22, 2021, City Commission
For minutes referencing Item Number DL2, please see "Order
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Meeting Minutes April 8, 2021
DI.3 DISCUSSION ITEM
8676 A DISCUSSION REGARDING UNREIMBURSED GRANT
Department of EXPENDITURES FOR QUARTER ENDING 12/31/2020
Finance
rRESULT: DISCUSSED
Vice Chair Russell: Last remaining pocket item was the request for reconsideration.
Would you like --
Commissioner Carollo: No. You have discussions.
Vice Chair Russell: Okay. We can come back to this one after that, then.
Commissioner Carollo: The Manager has some input for us finally.
Vice Chair Russell: Fair enough. We'll take up DI.3, discussion unreimbursed grant
expenditures, Mr. Manager.
Erica Paschal -Darling (Director): Good afternoon, Commissioners. Erica Paschal -
Darling with the City of Miami Finance Department. DI.3 is a requirement of our
financial integrity ordinance, which requires us to report any non -reimbursable
grants on a quarterly basis. For the quarter ending December 31stt, 2020, we do not
have any expenditures that were deemed non -reimbursable by the grantors. Do you
have any questions? Thank you.
Commissioner Carollo: Thank you.
Vice Chair Russell: Thank you very much. That concludes DI.3.
DI.4 DISCUSSION ITEM
7285
Department of
Resilience and
Public Works
A DISCUSSION REGARDING TRANSIT ALLIANCE BETTER BUS
PROJECT
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Watson
ABSENT: Reyes
Note for the Record: Item DL4 was deferred to the April 22, 2021, City Commission
Meeting.
Note for the Record: For additional minutes referencing Item Number DL4, please
see "Public Comments for all Item(s)."
Vice Chair Russell: DL4 is the discussion of the Transit Alliance Better Bus Project,
which was here by indefinite deferral. Is that correct? That's why it's on our agenda,
correct?
Unidentified Speaker: Yes.
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Vice Chair Russell: Okay. I had thought the County was going to present on this item,
but there's nobody here to present on this, correct?
Nzeribe Ihekwaba (Deputy City Manager): Yes. The County is not coming in.
Vice Chair Russell: Got it. I would just like it noted that we will have positions on this
issue. One of my constituents, or a representative of many constituents, spoke this
morning that we are not in favor of the removal of the bus routes on 37th, south of US
1. But I'm sure many of these commissioners have similar concerns on the Better Bus
Projects. So, I would like to defer this item and bring it back so that each
commissioner has the ability to weigh in.
Commissioner Carollo: So, move on the motion for deferment.
Vice Chair Russell: Yes. So we'll defer this. Mr. -- Colonel Dodd, do you have time to
meet with each Commissioner between now and the next Commission meeting to go
over the different routes that might be removed on which we can take a resolution.
Alan Dodd (Director, Department of Resilience and Public Works): Absolutely,
Commissioner, and we'll set up an appointment with all of them.
Vice Chair Russell: So, April 22nd is okay for you?
Mr. Dodd: Yes.
Vice Chair Russell: All right. So we'll defer to April 22nd, Commissioner?
Commissioner Carollo: Okay.
Vice Chair Russell: Moved by Commissioner Carollo, seconded by the Chair. All in
favor, say "aye."
The Commission (Collectively): Aye.
Mr. Ihekwaba: Mr. Vice Chair, just for your information. The agenda item has a
package at the backup that has a memo from the Administration that gives you all the
information about the study.
Vice Chair Russell: Yes. But I don't know that each Commissioner has gotten a
moment to weigh in on which routes they want to fight for. So, that's why we'll defer it
and we'll come back, and I'll certainly be passing a resolution on behalf of my
community. Motion passes for deferral to April 22nd. That's the DI.4.
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DI.5 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: Ken Russell, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Note for the Record: Item DL5 was deferred to the May 6, 2021, Special City
Commission Meeting.
Note for the Record: For additional minutes referencing Item Number DI.5, please
see "Public Comments for all Item(s). "
Vice Chair Russell: Mr. Barcena, do you have a presentation for us on City -owned
Marinas?
Commissioner Carollo: If could make a suggestion. This is going to be an item that's
going to be long, long. I -- and 1 don't think we have still the -- all the information we
need. I'd like to pick a single date to deal with this. You know, maybe it could be
towards the end of April, maybe May, and we just have one day to deal with this item.
Vice Chair Russell: You'd like a special meeting, or would you like it during a
Commission Day?
Commissioner Carollo: No, no. I think it should be a special meeting, there would be
(UNINTELLIGIBLE).
Arthur Noriega (City Manager): Can I offer a suggestion? I know we have a meeting
that is tentatively scheduled for the American Rescue Plan.
Commissioner Carollo: The American what?
Mr. Noriega: The American Rescue Plan expenditure. I think that's -- we've
tentatively shooting for a May 6th.
Commissioner Diaz de la Portilla: Put them together.
Mr. Noriega: Put them together?
Commissioner Diaz de la Portilla: Yeah. One special meeting --
Mr. Noriega: It's a special meeting. I mean, this is a suggestion.
Commissioner Carollo: Yeah, yeah, that's fine --
Victoria Mendez (City Attorney): We would have to, and I think Todd's going to jump
in. We have to pass a reso putting it at, like, 10:01 or something for that.
Vice Chair Russell: So, just a moment. The American Rescue Plan was scheduled for
April 15th, correct?
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Mr. Noriega: Correct. Yeah.
Vice Chair Russell: Has there been any official action to move that to --
Mr. Noriega: Yes.
Commissioner Watson: So, we're not going to talk about what we need. I'm telling
you. I thought it was the 15th, too.
Vice Chair Russell: So, when was there an official action moving it to May 6th?
Mr. Noriega: We put a -- yes, I think Todd wants to --
Vice Chair Russell: Hello, Todd.
Todd B. Hannon (City Clerk): So, I received a memo from the mayor on Monday
indicating that the meeting for April 15th was rescheduled to May 6th. I did send out
an e-mail to all elected officials and their staff regarding the updated meeting date
and time. So, we have two options here. One, is for the Commission to simply just
schedule a special meeting maybe an hour or two after what the mayor has already
requested for a special meeting at 9:00 a.m. for the American Rescue Plan. Or two,
the Commission could just pass a resolution today, like Commissioner Diaz de la
Portilla indicated, just combining the two and I'm going to assume that would
supersede the mayor's memo.
Vice Chair Russell: That part I understand. I was just wondering why there isn't
necessary -- it's not necessary to have an action of the Commission to change the date
of a special Commission meeting that was scheduled by a Commission.
Commissioner Diaz de la Portilla: No. The mayor can schedule any meetings that he
wants.
Vice Chair Russell: You're recognized, Todd.
Mr. Hannon: The special meeting for May 6th, was actually scheduled by the mayor.
Commissioner Diaz de la Portilla: Yes.
Mr. Hannon: He called for the special meeting regarding the American Rescue Plan.
The Commission did not pass a resolution or anything regarding that special meeting.
Vice Chair Russell: If I'm not mistaken, we gave direction on the dais to the Manager
with regard to scheduling that meeting.
Mr. Hannon: I'm going to assume then that the mayor took it upon himself to ensure
that he had scheduled the meeting, which he has the power to do.
Vice Chair Russell: Got it. So we did not set a date during that Commission meeting
when we gave direction to the Manager. Okay. So, it was by direction of this body to
have the meeting though, a special meeting. I do recall that.
Mr. Hannon: Right.
Vice Chair Russell: Then it was gone around and circulate, and the mayor set the
date.
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Mr. Hannon: Correct.
Vice Chair Russell: So then by -- administratively, they've moved the date.
Mr. Hannon: The Commission had not established a date for --
Vice Chair Russell: So --
Mr. Hannon: -- for the special meeting.
Vice Chair Russell: So, the answers yes. Administratively, we have moved the date.
Commissioner Carollo: Chairman, can I make a motion so that we have this special
meeting at 9: 00 a.m. that the mayor wants? And then we have another -- or an
extension of the meeting.
Commissioner Diaz de la Portilla: 9:01.
Commissioner Carollo: At 2: 00 p.m.
Commissioner Diaz de la Portilla: Yeah, 2: 00 p.m.
Commissioner Carollo: 2: 00 p.m.
Vice Chair Russell: I'd like to give us the option to go earlier if we can.
Commissioner Diaz de la Portilla: 9:01, then.
Vice Chair Russell: Well., so -- or we can have one special meeting with two subjects?
Commissioner Reyes: Absolutely.
Commissioner Carollo: Well, that's what I'm saying.
Commissioner Reyes: Yes.
Commissioner Carollo: Special meeting with two subjects.
Commissioner Reyes: That's precisely what --
Commissioner Carollo: I was trying to give time certain on them, but I just want to
move this along. This is the last, I think --
Vice Chair Russell: Understood.
Commissioner Carollo: -- item that we have before we do the one that Commissioner
Watson has.
Vice Chair Russell: Todd, you're recognized.
Commissioner Carollo: -- and we could you be out of here.
Mr. Hannon: Mr. Leal, will the mayor have any issue with the Commission basically
taking it upon themselves to now schedule a meeting for May 6th, to include two items
Eddy Leal (Counsel to the Mayor): Yes.
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Mr. Hannon: -- and kind of superseding the mayor's memos?
Commissioner Diaz de la Portilla: It doesn't matter if the mayor has an issue. The
Commission can set anything it wants on that agenda.
Mr. Hannon: True. But at a deference to the mayor.
Commissioner Diaz de la Portilla: Of course, that's different. He'll -- he doesn't have
any problems.
Mr. Leal: Good afternoon. Eddy Leal, on behalf of the Mayor's Office. No, we do not
have an objection. Vice Chairman, to clarify I think the question, the Mayor's Office
sent two memos. One was scheduling the special Commission for the funds that we'll
be anticipating for April, and now we sent a subsequent one for May. So, both of them
were, technically speaking, procedurally speaking, were called by the mayor. I do not
recall direction from the -- fro✓n the Commission, but there's no objection if the
Commission -- desire is to have a special Commission meeting either that day or
separate one to address the Marina topic. We -- no problem.
Vice Chair Russell: It's honestly here nor there. I remember the motion Reyes
seconded it. We were going to have a special meeting. It was a good idea, but it
doesn't matter. We have it.
[Later...]
Vice Chair Russell: Last item, please. Just housekeeping. We need to defer item DI 5,
the Marina item to the May 6th meeting --
Commissioner Carollo: Moved.
Vice Chair Russell: -- moved by Commissioner Carollo, seconded by the Chair any
further discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any, opposed? For those of you've who've been waiting all day
for that item, I apologize we'll be taking it up on May 6th. Thank you for your
patience, your advocacy, your involvement.
DI.6 DISCUSSION ITEM
7091
Commissioners
and Mayor
A DISCUSSION REGARDING THE CONSOLIDATION OF THE
COMMUNITY REDEVELOPMENT AGENCIES.
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
Defer
DEFERRED
Alex Diaz de Ia Portilla, Commissioner
Jeffrey Watson, Commissioner
Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: Item DL6 was deferred to the May 27, 2021, City Commission
Meeting.
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Note for the Record: For minutes referencing Item Number D1.6, please see "Order
of the Day."
DI.7 DISCUSSION ITEM
7084
Commissioners
and Mayor
A DISCUSSION REGARDING THE DOWNTOWN DEVELOPMENT
AUTHORITY.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Jeffrey Watson, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: Item DI.7 was deferred to the May 27, 2021, City Commission
Meeting.
Note for the Record: For minutes referencing Item Number DI.7, please see "Order
ofthe Day."
DI.8 DISCUSSION ITEM
8438 A DISCUSSION ITEM REGARDING HOMELESSNESS.
Commissioners
and Mayor
rRESULT: DISCUSSED
Commissioner Carollo: Can we jump to DI.8?
Vice Chair Russell: Yes. DI.8, homelessness. I may have incorrectly put that as a
deferral to May 27th. Has that been deferred? Okay.
Commissioner Carollo: No.
Vice Chair Russell: So DI.8. Okay. For DI.8, could the host please promote William
Porro to -- on Zoom so he can interact with the Commission, please?
Arthur Noriega (City Manager): Yeah. Unfortunately, Mr. Porro is in quarantine, so
he's --
Vice Chair Russell: But he can --
Mr. Noriega: -- he's going to be on by --.
Vice Chair Russell: Okay.
1
Commissioner Carollo: Well, let me say this on the record that after numerous
meetings that I had to be bringing up the homeless situation, not just citywide, but in
my district. There finally has been action taken in the Jose Marti area, where it's
pretty much cleared up. Over at 7th Street by 4th Avenue, you have about three, 'bur
maybe, that are popping up again. So, we need to be going back to it. But in the
Flagler Street area and 12th Avenue, where Walgreens was, and that was one heck of
a mess. for years and years. For the first time in a long, long time it's been cleared up.
And that has been a huge positive for the neighborhood. Obviously, we need the
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cooperation of all our forces to keep people that are sleeping, one here, one there, not
hunched up, but just try to be offered shelters and to be taken off the streets. Having
said that that, for my district there has been a very positive improvement, and 1
appreciate everyone that's been involved in that. I have to say that downtown is
beginning to look like a warzone. In fact, right across on the other side of our MRC
(Miami Riverside Center) building, you should take a walk that Mr. Manager, it's tent
city. Tent, after tent, after tent. We got hundreds of people all through that area. And
frankly, no city in America, but in particularly a major city that brags as the gateway
to Latin America and it should have a situation like that. So, I -- I -- I think we need to
pay attention to our downtown and -- and what is happening there because it's -- it's
scary what I'm seeing. And at times of --1 mean, you got food thrown all over the
place, and it's just trashed. It's -- you know, you have a tent city there. And, you know,
this is Miami, where we -- we shouldn't have that any longer. But if you like to
address with Mr. Porro to address the homeless issue overall in the City, or if the
commissioner would like for it to be deferred, I -- I'll be open to it.
William Porro (Director, Department of Human Services): Commissioner; if -- ifI
may. Good -- good afternoon, everybody. I apologize that, unfortunately, I am under
the weather, hopefully not as bad as -- as Commissioner Watson. But I feel under the
weather. and out of caution, I had the COVID test yesterday and awaiting back to the
results. So, my apologies that I could not be there in person.
Vice Chair Russell: We wish you the best.
Mr. Porro: I do have a brief --
Vice Chair Russell: Could you state your name and title for the record.
Mr. Porro: Oh, I'm sorry, Commissioner, William Porro, Department of Human
Services.
Vice Chair Russell: Thank you. You are recognized.
Mr. Porro: I -- I created, Commissioner Carollo, a small presentation, if I may, just
on the homeless issue and the direction that we'd like to take, and, obviously, input
from -- from all of you, and administration, just to keep this moving forward and
trying to get ahead of the -- of the situation. So, if I may briefly just share my screen.
Let's see if this is the one here. My apologies. Hopefully, you can see my screen now.
Just the purpose of this presentation is just to -- to bring administration and -- and
you, the elected officials, up to -- up to date in terms of the efforts and the direction
that have been taken to -- to have a positive effect on the homeless cleanup in the city.
But I also have -- I am obviously a novice compared to some of the veterans that we
have doing this. So, I've asked Mr. David Rosemond (phonetic) and I don't know if
Sergio Torres is also there as well, and present, just if there's any getting into the
weeds and you want to discuss something more in detail, they are there -- that,
hopefully, we'll -- we'll clear up any situation. We basically have two goals in this
effort and -- is to really improve the coordination to what you just mentioned,
Commissioner Carollo, the integration and also the frequency among key
departments, because it's not a Department of Human Services alone. We're a -- a
portion of it, but it's -- it takes a whole group of individuals to do this, and in a proper
way. We also, as a goal, is we want to reduce the -- the unsheltered homeless that are
living in our streets. I mean, that is the overall goal. And unbeknownst to many, the
second goal should not be a shock to anybody, which is we truly do want to give the
individuals a dignified, humane assistance to referring them to the established
continuum of care, which has been around for quite a long time and has helped keep
the number as low as it is, but we can always do better. And this obviously includes
housing and shelter when appropriate. Just in sake of -- of -- just in terms of -- for all
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of us in terms of definition, 1 -- I'd like to -- and again, me being new to this, is -- is --
is three things. One is what an encampment is, what -- what is considered a hotspot,
and also what is a person that is shelter resistant. The number of them, and in terms
of an encampment, is ten or more. It can be eight or nine. It really doesn't matter. It
depends on a variety of different factors. But it's basically a group of individuals that
are living in close proximity to -- to one another in an obviously visible location. So,
that's what we consider an encampment. A hotspot is, from -- from my sense of -- of
view, is just considered a location that has a recurring issue in terms of -- of the
homeless, such as a previous encampment, illegal dumping, an overall solid waste
nuisance. And, obviously, if it's left unchecked, this can become an encampment and
also turn into a public health hazard. And then thirdly, those that are shelter
resistance -- shelter resistant. The -- the population and the individuals that we see on
the street day in, and day out are the individuals that refuse offers of shelter in
general sense and are -- are referred to as shelter resistance. And they're the most
prevalent in terms of what they suffer which is mental health and -- and drug
addiction or substance abuse. We've been trying to focus, basically, commissioners,
on three things -- is -- and -- and Commissioner Carollo hit it on the head, is just
improved coordination. It takes a variety of departments to do this, from Parks to
Miami PD (Police Department), to our homeless outreach, our neighborhood service
centers, NROs (Neighborhood Resource Officers), Camillus House. I mean, we can go
on and on, and, obviously, the -- the group of individuals that are actually assigned to
each one of our offices, and yours, in terms of waste collection. The maintenance
trash routes, in other words, to improve coordination, we want to assign waste
collectors that are ready, willing, and able to be able to -- to do this in a more
consistent and -- and frequent basis. And these -- these resources need to work both
collectively and separately to be able to bring resources to bear if the need arises in a
particular situation. Also, hazardous locations, in terms of hotspots and waste
collection, obviously, if it's left unchecked, as I mentioned previously, it'll accumulate
garbage, which we've seen in -- in some e-mails, and it leads to unsanary --
unsanitary conditions for the people that are even living there and, obviously, the
residents and businesses around the area. And as we've noticed in -- when it really
got bad in 2018, I believe, where we had needles and a bunch of other things, and
elicit activities and so forth, which we want to, obviously, prevent. We want to
improve -- I'm sorry, improve integration. The -- in speaking with Miami PD, they
were more than generous to be able to see how we can improve the efforts of our
outreach team and be able to track the -- the individuals more closely, gather more
data. And we want to improve the data collection and responsiveness of our outreach
specialist. And this proposes issuing homeless outreach personnel Harris Radios and
integrating them into the computer -aided dispatch system with the police, which I
don't believe happens right now; it's in a -- in a different way. So, we want to be able
to streamline that as well. And, finally, we want to improve the -- the frequency,
obviously. We can't get in front of this if we're doing this in a haphazard way or only
when individuals or businesses or someone calls that there is a trash pickup. So, we
need to include -- increase the frequency of -- of maintenance of the cleanup. And we
can do this with existing personnel. I can't speak for our -- my colleague in Solid
Waste, but I know that they're doing -- they're moving mountains and -- and doing
what they can to be able to assist us in this effort. Finally, in terms of where the
concentration is, again, Commissioner Carollo, you were correct. The downtown is
where the majority of -- this, what you see on your screen, is the last count or census
that, I believe, by law or by HUD (Housing and Urban Development) standards, I
should say, we need to do twice a year. This one, it was done in January of 2021.
Excuse me, and -- and, basically, the numbers show there's nothing new there. It's --
it's -- pretty much Downtown is the bulk of it. Then you have Overtown, and -- and
then Little Havana, and, subsequently, on down from there. So, again, this is fluid.
This is obviously not -- you know, individuals that are in Little Havana would -- can
go to Overtown and vice versa, go to Little Haiti, but this is the areas that, primarily,
our cleanup efforts, excuse me, are being focused on. These are just basic, very top -
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line cleanup data, commissioners, just of what we've done so far. Major cleanups,
again, the bigger ones, we've done 23. Average, in terms of placements, is about ten,
and, really, the number is low. We've had as upwards of 40 in one single encampment.
So, that's obviously a big help of our outreach team, and also assistance with
Camillus House as well. If you see the amount of trash and garbage that is there,
that's in tons, and it's 20 plus tons of garbage that we've done in these cleanups. And
then, again, you see the average amount of police officers. The green shirts, if I may,
just per -- for further clarification, that are on these cleanups, the larger ones, pretty
much they're -- they're all there, including Mr. Torres and -- and Mr. Rosemond as
well. And then the -- the average amount of -- of waste collectors per cleanup. These
homeless locations have been -- and -- and -- and big thanks to our Solid Waste
individuals and -- and colleagues. We've added others, and I can share this with you
after the fact, just to be able to increase the amount of frequencies and actually have
trash bins in some of these locations to be able to service it morning and evenings to,
again, avoid the major cleanups. And then lastly, as we've seen in the past, a picture
is worth a thousand words. This is an amazing feat when you see the things that are
done. It's mentioned that, you know, we're fighting, sometimes, well -intended
individuals that give the homeless individuals tents to live in, and, obviously, they
blocked streets and so forth and so on. So, we're always fighting a tide. But if you see
the amount of effort that it takes to get that to this, is -- I mean, my hat's off to our --
my colleagues. I don't take any credit for this. It's just an amazing feat, and this is
continually done, and a lot of effort and resources are spent doing this. So, again, it's
-- it's a lot of-- a lot of work. These are just some of the strategies. And again, this
presentation I'm going to share with each of you to get your opinions on in terms of
some things we can do to improve the outcome measures of our homeless population,
is to basically get them off the street into a better living condition. The maintenance
waste collectors, there's some things happening, you know, either within our budget,
if we can potentially get a licensed clinical social worker. There's also some things
that are happening in the actual providers like Camillus House and Lotus House,
excuse me, where they are also doing something similar. The maintenance waste
collection, obviously we're -- we're already working on that, and -- and that's --
should hopefully help in the long-term. We've also -- I've also asked for a legal review
in terms of just the things -- just to clam, after Pottinger, the things we can and
cannot do in terms of the tents, and just a lot of nuances that that entails. Longer term
strategies, one of the things that I -- Pm working on, as well is just the installation of
the large feeding ordinance signs, which I found that they were actual signs, but I
need to get quotes in order to get those things installed. And, again, just improving
the outcome measures on the backend with Camillus House and others, because
without that it's literally a -- a revolving door in terms of these homeless that we
assist, and then they go back out on the street. So, I will leave it there, gentlemen, and
just I hope that helps in terms of that. So --
DI.9 DISCUSSION ITEM
8568 A DISCUSSION REGARDING LAND ACQUISITION FOR PARKS.
Commissioners
and Mayor
FRESULT: DISCUSSED
Vice Chair Russell: Can we take up DI.5? And, by the way, gentlemen, we have one,
two, three discussion items left with --
Commissioner Carollo: Yeah. If we could.
Vice Chair Russell: -- and a potential reconsideration of a pocket item.
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Commissioner Carollo: If we could take the others before DI.5 that -- you know,
depending on what happens. It could be longer. DI. 9, and then DI.10. The Manager, 1
think, is ready to --
Vice Chair Russell: All right. Well take up DI.9. Are these -- you're taking these
together, one discussion item?
Commissioner Carollo: Well, I -- I think they're separate, but they -- it should be
quick.
Vice Chair Russell: Let's start with DI.9 then.
Arthur Noriega (City Manager): So, on both of those, we have -- we'll -- we'll have a
series of items before the Commission, starting with the next meeting, on certain land
acquisitions. We're -- we have some resolutions we're putting together to ,some backup
information that we're working on relative to finding of necessity, in particular on the
park side. And also, we're working on some legislation for specifically -- that'll come
up probably within two meetings, specifically as how we're going to recommend we
allocate the next tranche of money for affordable housing in terms of out -of -the -bond
issue. So, we're going to work towards that too. So, there'd be a series of -- of -- of
agenda-ed items over the next probably three meetings, in sequence, all addressing
various aspects of these two discussion items.
Commissioner Carollo: Okay. Do you -- do you have, Mr. Manager, the resolutions
that are then ready to be presented for approval to this commission at the next
meeting?
Mr. Noriega: Yeah. The resos are done. The only thing we're missing was some -- was
some backup information in terms of --
Commissioner Carollo: Okay.
Mr. Noriega: -- analvsis because the City Attorney's Office had recommended we
include those as part of the -- the resos.
Commissioner Carollo: Okay.
Commissioner Diaz de la Portilla: Is this, if I may?
Vice Chair Russell: You're recognized.
Commissioner Diaz de la Portilla: Mr. Manager, this -- is this part of the -- the Miami
Forever Bond, the next tranche allocation? Is that what you're going to --
Mr. Noriega: One of the aspects of it, especially on the affordable housing piece.
Commissioner Diaz de la Portilla: Right. On -- on -- on DI 10, right?
Mr. Noriega: Correct.
Commissioner Diaz de la Portilla: Okay. And what's your -- your criteria? What
process -- what internal process is your administration going through to see where
those dollars are going to go?
Mr. Noriega: So, obviously, there's different philosophies amongst each of the
Commissioners in terms of --
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Commissioner Diaz de la Portilla: Right.
Mr. Noriega: -- how to spend money, specifically for these areas. So, we're
socializing. Well be socializing with each individual commissioner, getting a sense of
your priorities, so that when we come back with a plan and a reso we'll have a sense
of, you know, specifically what the priorities are. I know we also have a couple of
agenda-ed items that were originally going to be placed on this agenda for District 4
as well on the repurposing, actually, of some additional prop -- original properties
that were identified for parks, and reallocating those also for -- for affordable
housing. 1 know Commissioner Watson also has some properties, infill lots that he
wants to address as well. So, all of those will be taken into consideration.
Commissioner Diaz de la Portilla: Right. And so do I. But the repurposing is one
thing. I'm talking about the allocation of dollars.
Mr. Noriega: Yeah. That's all part of it. That -- that --
Commissioner Diaz de la Portilla: Okay.
Mr. Noriega: -- that'll all be sort of incorporated into a single plan. Right.
Commissioner Diaz de la Portilla: Okay.
Mr. Noriega: And that's what we're working on now.
Commissioner Diaz de la Portilla: And -- and what's your timeline for that?
Mr. Noriega: My hope is that have something to present to the Commission within
two meetings, on that item particularly.
Commissioner Diaz de la Portilla: Okay. And -- and when you meet with each
commissioner, what's that process? Are you represent -- how much money are we
talking about?
Mr. Noriega: Total of about 40 million in the next tranche.
Commissioner Diaz de la Portilla: Okay.
Mr. Noriega: Total, last five, I think it was -- we've already allocated five.
Commissioner Carollo: That's correct. Five has been allocated.
Commissioner Diaz de la Portilla: So, initially it was -- initially that was 58 million,
right? That was -- something like that, that was allocated in the first tranche, was 58
million, or something around there?
Mr. Noriega: Yeah. We've only actually allocated in -- for -- as part of the initial
allocation about 15 or so, something like --
Commissioner Carollo: 15.
Mr. Noriega: Yeah.
Commissioner Diaz de la Portilla: Okay. 15.
Mr. Noriega: And so -- and so the additional 40 --
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Commissioner Diaz de la Portilla: Right.
Mr. Noriega: -- will be on that, and then we still have a balance, obviously, to be on
that --
Commissioner Diaz de la Portilla: I understand. Okay. So, it's not an additional -- it's
not -- it's not an additional 40. It's part of the initial 55 --
Mr. Noriega: Right.
Commissioner Diaz de la Portilla: -- or 58, whatever it was?
Mr. Noriega: Yes, sir.
Commissioner Diaz de la Portilla: Okay. I understand. Okay.
Mr. Noriega: Part of that also, as -- as an -- as a -- as a side note, we're also working
on an analysis to present to the Commission. Not sure exactly when well have that
ready on the -- on the creation of -- because I know it's been discussing in the past of
a housing authority as well as a finance corporation. So, we're working on both of
those aspects too, which we'll obviously --
Commissioner Diaz de la Portilla: And I'm -- I'm sorry. Just one more, Commissioner.
And the -- the creation of the housing authority will be the -- will that authority, in
your mind right now, be responsible for distributing -- disbursing those dollars as we
move forward, or it will still be a Commission action?
Mr. Noriega: Still be a Commission action for distributing the dollars as it relates to
the bond issue.
Commissioner Diaz de la Portilla: Okay.
Mr. Noriega: So, the housing authority will be more, initially, to implement and -- and
push that money in terms of project.
Commissioner Diaz de la Portilla: So, it's an implement -- implementing body --
Mr. Noriega: Correct.
Commissioner Diaz de la Portilla: -- not an allocation -- not an allocating?
Mr. Noriega: Not -- not initially. Eventually it can be, if -- tithe Commission desires.
It -- it -- but that's all dependent on the structure.
Commissioner Diaz de la Portilla: And the dollars that we collect from all these
different projects that we -- people -- we ask them -- the developers to pay into it, that
goes into -- that would go into that housing authority --
Mr. Noriega: It could. I mean --
Commissioner Diaz de la Portilla: -- mechanism we're trying to create?
Mr. Noriega: -- I didn't -- I hadn't really seen it that way. I think -- I think the
Commission might want to retain control of that.
Commissioner Diaz de la Portilla: I think so too.
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Mr. Noriega: Yeah.
Commissioner Diaz de la Portilla: I think so too. Okay. Thank you.
Mr. Noriega: Okay.
Commissioner Carollo: Mr. Manager, let -- let me say on the record that, while we
have spoken in this Commission at different possibilities, including housing
authorities, finance authorities. This is something that you should sit with each
commissioner because there are positives and a lot of negatives. I know you cone
from a world of authorities, like parking authorities, but for some things it might be
good. Like for instance, if you're going to be building rentals and are going to be
running rentals like in Hialeah, Section 8, and a lot of that, which we night, once we
hit half a million in population and we get direct dollars instead of Section 8 monies
going to the County that we should handle. But for instance, for home ownership, it's
a lot more to consider that might not necessarily be good. And what don't want to do
is start to create more bureaucracies that other people are making decisions for us.
And we get a lot of characters appointed that this Commission at the end is going to
have no say so, no control. So, I'm very -- I'm telling you on the record, I'm very, very
concerned about creating all these authorities that a lot of that we could do right here
ourselves, and we can be on top of it. Now, there are some positive aspects of it but
that needs to be looked at very carefully. And you decided to, you know, start running
with this without really talking to any of us about it. All that you've mentioned to me is
that you were looking into that, and I'm telling you on the record, I have concerns. I
don't want to see some of the same characters in this authority that were sitting here a
few meetings ago and owe a lot of money still to the County and City after they were
arrested. And they didn't build a single damn low-income housing unit. So, putting it
on the record.
Mr. Noriega: So, Commissioner -- so for clarity, the idea is to do the analysis.
Ultimately, you're right, there's positives and negatives to structure of either or. The
issue is, I think -- I felt it's really' kind of important since it's -- as has been discussed
in the past and it was a recommendation as part of the FIU (Florida International
University) study to at least bring it up for discussion. But with the analysis on the
benefits and obviously the --
Commissioner Carollo: I'm just concerned, Mr. Manager --
Mr. Noriega: No.
Commissioner Carollo: -- that you started running with this --
Mr. Noriega: No, I'm not running, I'm doing the analysis (UNINTELLIGIBLE)
Commissioner.
Commissioner Carollo: -- without sitting them with each of us and discussing it. If we
wanted to go forward with that or not, or any additional studies and I don't want, and
I'm -- want to be crystal clear. I don't want none of the efforts that all of us are
working on in different ways in our district to be slowed down because of that. And
I'm telling you we've wasted two years with the not -so -great Colonel Emilio Gonzalez
here, that nothing was accomplished in housing, and COVID came right when you
came along. So, I understand that unfortunately, we had other priorities. But now, you
know, it's your ball, you have it. And I expect you to run with it quickly and get a lot of
the stuff that we need accomplished because every, month that goes by, we don't have
a shovel in the ground somewhere, it's on you.
Vice Chair Russell: Recognized, Commissioner Diaz de la Portilla.
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Commissioner Diaz de la Portilla: No, I'm fine.
Vice Chair Russell: So, I would like to see the analysis of how an affordable housing
finance corporation could multiply our money. Because if it is true, just like New York
has an affordable housing finance corporation, they can leverage that money that we
bonded out and multiply it and make it go much, much, much further. I would like to
see how that would work. So, I don't want to slow down the projects we have in the
pipeline. We have plenty of people coming to us with land, with concepts. And --
Commissioner Reyes: Yes.
Vice Chair Russell: -- we do have finding available for them. But if there is an
opportunity to multiply through the right mechanism, this body will be the deciding
entity, but the manager can at least bring us that concept if it exists.
Commissioner Reyes: I -- since we started talking about the -- how we're going to use
the funds, and I have been in favor of trying to leverage and obtain more funds. But I
agree with you, Mr. Chair. That we need information or at least we need to be
briefed, and what is going to be the strategy for leveraging. And how are we going to
multiply these funds? If also we are going to go after some companies that they could
participate and provide funds, you see? And institutions that are -- be federal or be
private, that we can obtain more funds and continue with this program and make it, I
mean, a viable and an effective program. You see, because as Commissioner Carollo
has said, since Day 1, since Day 1 that we sat in this dais, we have been promoting
and asking, I mean, to start a program to develop affordable, real affordable housing
that is much needed in our city.
Vice Chair Russell: Thank you, Commissioner Reyes, any further discussion on DI9
and 10?
Commissioner Watson: Yeah. I just want to support the concept and principles that
Commissioner Carollo talked about. I always find that when governments create
other governments, they really don't know how to help resolve issues. And I've been --
I've served on a housing and finance authority. And the only reason at this point that
you would want the creation of one is if we're going to fight for that authority to get
the same tax credit implications as the state has. Because the state has nine percent
credits. Unless we're going to fight for permanency of those -- of that authority and
power, we don't have to create another body to tell us ultimately what we're going to
do anyway. I just think that the most powerful thing that tax credits do, and housing
and finance authorities do, is bonding capacity, okay, and tax credits. And the state --
and unfortunately is not permanent. Fighting that fight for 20 years. And when it's not
permanent, then you only get tax free or non-taxable four -and -a -half percent. What
I'd like to do hopefully, if it's a part of our legislative push particularly in cities like
ours, that we're now in a whole state of not being able to provide affordable,
workforce, whatever we want to call it, is that to go on record fighting for that. So,
that if there is an authority given by tax law, we get a chance to get it because we
have the housing problem we have and we get nine percent credits. That's what's
going to help us. Because we'll never have enough money to do what we need to do.
And so, I just wanted to say that in support of what Commissioner Carollo said.
Thank you.
Vice Chair Russell: Good point. Thank you. And we're talking about Housing
Authority versus a finance corporation, because they're different mechanisms as well.
So, I look forward to just seeing what options there are and then we'll make a call. Is
there any. further discussion on DI.9 or 10? We'll close those items. DI5, City -owned
Marinas.
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Commissioner Carollo: Well.
Vice Chair Russell: Yes?
Commissioner Carollo: They are not a closed because the Manager said that he is
going to bring this next week, so we're going to roll them over for the next meeting. It
might take two weeks on one but certainly, the parts that he said we'll have them next
week.
Vice Chair Russell: So, you'd like to set another discussion item, or will they be
action items?
Commissioner Carollo: Will be action items.
Mr. Noriega: Be action items. Both will be action items actually in the --
Vice Chair Russell: All right. So you're going to set a resolution of some sort of for --
Commissioner Carollo: Yeah.
Mr. Noriega: Correct.
Commissioner Reyes: We've got to stop discussing and start doing.
Vice Chair Russell: That's a good idea.
Commissioner Carollo: That's why the Chairman said action items. They usually -- I
hope we could get them both in sequence because when the Manager is kicking out,
the City Attorney is pulling back, and when the Manager is falling asleep, she's
moving. So, I'd like to get them both at the same time, you know, sequence, that they
can both work together in moving forward for us.
Commissioner Reyes: You're going to set the alarm clock for both of them that same
day? They'd be awake at same time.
Vice Chair Russell: Thank you. Closing those items.
DI.10 DISCUSSION ITEM
8569
Commissioners
and Mayor
A DISCUSSION REGARDING LAND ACQUISITION FOR
AFFORDABLE HOUSING HOMEOWNERSHIP.
RESULT: DISCUSSED
Note for the Record: For minutes referencing Item Number DI.10, please see Item
Number DL9.
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DI.11 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: Withdraw
RESULT: WITHDRAWN
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Jeffrey Watson, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item Number DL11, please see
"Order of the Day."
END OF DISCUSSION ITEMS
City of Miami
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Meeting Minutes April 8, 2021
BC.1
8802
Office of the City
Clerk
BC - BOARDS AND COMMITTEES
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE AFFORDABLE HOMEOWNERSHIP LOAN
PROGRAM TASK FORCE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Jasmine Johnson Commissioner Jeffrey Watson
ENACTMENT NUMBER: R-21-0147
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Jeffrey Watson, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Vice Chair Russell: Boards and committees, please?
Commissioner Watson: Yes.
Vice Chair Russell: And then I will let your hungers dictate how long the discussion
items last.
Commissioner Watson: Are we proffering names for boards and committees?
Nicole Ewan (Assistant City Clerk): Oh, yes.
Vice Chair Russell: If you have anyone that you'd like to proffer today, would this be
the time?
Ms. Ewan: Yes.
Vice Chair Russell: You are recognized Commissioner Watson?
Commissioner Watson: I'll put forth Jasmine Johnson (phonetic).
Ms. Ewan: For BC.1, Commissioner Watson will he appointing Jasmine Johnson.
Commissioner Watson: For the Affordable Homeownership Committee. You heard
me?
Ms. Ewan: Yes, Commissioner. I'm just waiting for a motion and a second.
Vice Chair Russell: Sorry. I was going to see if there were any others, you'd like us to
deal with that one in the moment. That's fine. Is there a motion on BC.1,
Commissioner Watson?
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BC.2
8152
Office of the City
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Commissioner Reyes: Move it.
Commissioner Watson: Move it, yes.
Vice Chair Russell: Moved by Commissioner Watson, seconded by Commissioner
Reyes. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed?
Commissioner Watson: 1 want too also --
Vice Chair Russell: Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
City of Miami
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BC.3
6672
Office of the City
Clerk
BC.4
8664
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Kenneth Schwartz Commissioner Ken Russell
Pat Santangelo Commissioner Jeffrey Watson
ENACTMENT NUMBER: R-21-0148
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Commissioner Watson: And then Mr. Pat Santangelo in the Bayfront Park
Management Trust.
Commissioner Carollo: Move.
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8803
Office of the City
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BC.6
8533
Office of the City
Clerk
Commissioner Reyes: Second.
Nicole Ewan (Assistant City Attorney): So, Chair, if may,1 do have Vice Chair
Russell also appointing Kenneth Schwartz (phonetic) to the Bayfront Park
Management Trust. So, there will be two appointments?
Commissioner Reyes: Yes.
Commissioner Carollo: Move.
Commissioner Reyes: Second.
Vice Chair Russell: Thank you. Moved by Commissioner Carollo, seconded by
Commissioner Reyes. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE
APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN
INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Gabriel Paez Civilian Investigative Panel
Joseph John Rinaldi Civilian Investigative Panel
FRESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE CLIMATE RESILIENCE COMMITTEE FOR A
TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Nkosi Muse Commissioner Jeffrey Watson
ENACTMENT NUMBER: R-21-0149
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BC.7
6958
Office of the City
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Nicole Ewan (Assistant City Attorney): BC.6, the Climate Resilience Committee,
Commissioner Watson will be appointing Nkosi Muse in the advocate for low-income
communities category.
Commissioner Carollo: Moved.
Commissioner Reyes: Second.
Vice Chair Russell: Moved by Commissioner Carollo second by Commissioner Reyes.
All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
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BC.8
8153
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS
DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Maritza Barrios -Pereira Commission -At -Large
ENACTMENT NUMBER: R-21-0150
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Nicole Ewan (Assistant City Attorney): BC.8, the Code Enforcement Board,
Commissioner Carollo will be appointing Maritza Barrios (phonetic) as an at large
appointee.
Commissioner Carollo: Moved.
Commissioner Reyes: I second.
Vice Chair Russell: Move by Commissioner Carollo, seconded by Commissioner
Reyes. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes.
City of Miami
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Meeting Minutes April 8, 2021
BC.9
8804
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN
AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commission -At -Large
Commission -At -Large
City of Miami
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BC.10
8534
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
City of Miami
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BC.11
5976
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD
FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
Commissioner Jeffrey Watson
IAFF
FOP
AFSCME 1907
AFSCME 871
City of Miami
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BC.12
8154
Office of the City
Clerk
BC.13
7963
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
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BC.14
8267
Office of the City
Clerk
BC.15
8809
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER,
QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Jeffrey Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE LITTLE HAITI REVITALIZATION TRUST FOR A
TERM AS DESIGNATED HEREIN.
APPOINTEE:
Alisa Cepeda
ENACTMENT NUMBER: R-21-0151
NOMINATED BY:
City Manager Arthur Noriega, V
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Note for the Record: For additional minutes referencing Item Number BC.15,
please see "Public Comments for all Item(s). "
Nicole Ewan (Assistant City Attorney): BC.15, the Little Haiti Revitalization Trust.
City Manager Noriega will be appointing Alisa Cepeda.
Commissioner Carollo: I move.
Commissioner Reyes: Second.
Vice Chair Russell: Move by Commissioner Carollo, second by Commissioner Reyes.
All in favor, say "aye."
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BC.16
8269
Office of the City
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The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL
COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
Commission -At -Large
Commission -At -Large
City of Miami
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Meeting Minutes April 8, 2021
BC.17
8155
Office of the City
Clerk
BC.18
8805
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MIAMI COMPLETE COUNT COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS'
OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
City of Miami
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BC.19
7261
Office of the City
Clerk
BC.20
8806
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE MIAMI RIVER COMMISSION FOR A TERM AS
DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Commission -At -Large
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
Nir Shoshani
(Community and Real Estate
Development)
Ed Patricoff
(Technology with a focus on
development of technologies)
ENACTMENT NUMBER: R-21-0152
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
NOMINATED BY:
Mayor Francis Suarez
Commission -At -Large
Adopt
ADOPTED
Joe Carollo, Commissioner
Manolo Reyes, Commissioner
Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Nicole Ewan (Assistant City Attorney): BC.20, the Miami Technology Council. Mayor
Suarez will be appointing Nir Shoshani to the community and real estate development
category. Mayor Suarez has also nominated Ed Patricoff (phonetic) as an at -large
appointee and is seeking the Commission approval on that nomination.
Commissioner Carollo: I move.
Commissioner Reyes: Second.
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Office of the City
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Vice Chair Russell: Which board is that?
Ms. Ewan: This is the Miami Technology Council.
Vice Chair Russell: Technology Council.
Ms. Ewan: Yes.
Vice Chair Russell: Thankyou. Moved by Commissioner Carollo, seconded by
Commissioner Reyes. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
Ms. Ewan: Those are all the appointments I have, Commission. Thankyou very much.
Vice Chair Russell: Thank you very much.
Commissioner Reyes: You are very welcome.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Joe Carollo
Commission -At -Large
Commission -At -Large
Commission -At -Large
City of Miami
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BC.22
5453
Office of the City
Clerk
BC.23
8807
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD
(UDRB) FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
Commissioner Jeffrey Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AND CONFIRMING
CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD
FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
Lynn Lewis
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Ken Russell
National Trust for Historic Preservation
City of Miami
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BC.24
8808
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A
TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Gene Tinnie Commissioner Jeffrey Watson
ENACTMENT NUMBER: R-21-0153
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Note for the Record: A motion was made by Commissioner Reyes, seconded by
Commissioner Carollo, and was passed unanimously, to appoint Gene Tinnie as a
member of the Virginia Key Beach Park Trust; further waiving the term limits of
Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission,
as it relates to Gene Tinnie as a member of the Virginia Key Beach Park Trust.
Commissioner Watson: Is it just -- okay, are we doing this individually?
Vice Chair Russell: Yeah. We are. Yeah.
Commissioner Watson: All right. I want to proffer, Mr. Gene Tinnie.
Nicole Ewan (Assistant City Clerk): This is for BC.24, the Virginia Key Beach Park
Trust. Commissioner Watson will be appointing Gene Tinnie.
Commissioner Carollo: Second.
Commissioner Reyes: Move it.
Commissioner Watson: Move it.
Vice Chair Russell: That's BC.23?
Ms. Ewan: That's BC.24.
Vice Chair Russell: 24.
Ms. Ewan: Yes.
Vice Chair Russell: Thank you. Moved by Commissioner Reyes, seconded by
Commissioner Carollo. All in favor, say "aye."
The Commission (Collectively): Aye.
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Vice Chair Russell: Any Opposed? Motion passes.
END OF BOARDS AND COMMITTEES
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PART B: PZ - PLANNING AND ZONING ITEM(S)
PZ.1 ORDINANCE First Reading
6760
Department of
Planning
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, 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 "DUPLEX RESIDENTIAL" TO "MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL" FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A," ATTACHED AN INCORPORATED, AND BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM
"DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED
COMMERCIAL" OF THE PROPERTIES LOCATED AT
APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065
PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For additional minutes referencing Item Number PZ.1, please
see "Public Comments for allltem(s)."
Vice Chair Russell: Let's go ahead and take up the PZ (Planning and Zoning) agenda
before we get to the discussion items. And I will not jinx us by saying we'll be done by
lunch, but fingers are crossed. We're going at a good pace. PZ.1 and PZ.2. Could you
read into the record, Madam City Attorney?
Victoria Mendez (City Attorney): PZ.1.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.2.
The Ordinance was read by title into the public record by the City Attorney.
Vice Chair Russell: Thank you, Madam City Attorney. Is there a motion on PZ.1 and
PZ.2?
Commissioner Diaz de la Portilla: Moved.
Commissioner Reyes: Moved.
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Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by
Commissioner Reyes.
Commissioner Carollo: Commissioner.
Vice Chair Russell: Yes. You're recognized, Commissioner Carollo.
Commissioner Carollo: Even though I heard some very serious allegations here
today, that Mr. Shiver cheated in playing marbles when he was a young man, I do
believe when people have shown throughout the years that they have become
responsible citizens and have learned from their mistakes, to give them a second
chance, 1 will be voting for this item.
Vice Chair Russell: Thankyou, Commissioner Carollo. Good morning, Mr. Pons. Are
you looking to be recognized?
Cesar Garcia -Pons: Thankyou. Cesar Garcia -Pons, Planning Director. There are
two things associated with this application for PZ.2. Particularly, one is there are a
number of letters that were provided to us that we'd like to insert into the record that
we did not -- we were not able to do before the printing of the agenda.
Vice Chair Russell: These are letters in support or opposition?
Mr. Garcia -Pons: Both. But generally, in support of
Vice Chair Russell: Thank you.
Carlos Lago: Yes. We've submitted about 118 letters of support and petitions from
West Grove residents into the record.
Vice Chair Russell: And do I understand that the applicant is proffering a voluntary
covenant with regard to this?
Mr. Lago: That's correct. The covenant is being handed over to you now. We're
making a public benefits contribution of $100, 000 and to Rebuilding Together to
improve low-income and affordable housing in the West Grove. And we're also
committing to 20 percent of the units to workforce housing and priority local resident
hiring like you heard today.
Commissioner Carollo: What's the total amount of units, again, that you're building
here, Carlos?
Mr. Lago: We're building a total of 11 under the T4, and then that would be 3 units
that would go to workforce housing.
Commissioner Carollo: Okay.
Vice Chair Russell: Mr. Garcia -Pons, does this item, as written, include a waiver of
any waiting period to apply/or further zoning steps?
Mr. Garcia -Pons: Yes, sir. There's a request for two of the parcels on the north sides,
the ones that go into T4-0, they're requesting an 18th month waiver to the
successional zoning to come back before 18 months to perhaps go to T5. It is included
at this time.
Vice Chair Russell: Got it. So, ifvoted as written, it would waive the 18-month
waiting period.
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Mr. Garcia -Pons: It would for the two parcels on the north side.
Vice Chair Russell: On the north side.
Commissioner Diaz de la Portilla: I have a question.
Vice Chair Russell: You're recognized.
Commissioner Diaz de la Portilla: So they can accelerate the up zoning?
Mr. Garcia -Pons: Yes, sir. Currently, the code requires 18 months --
Commissioner Diaz de la Portilla: Yes. I know.
Mr. Garcia -Pons: -- between so the waiver would allow them to do it before 18
months.
Commissioner Diaz de la Portilla: So, it will be -- it could be tomorrow?
Mr. Garcia -Pons: They could apply as soon as -- as soon as it's been approved.
Commissioner Diaz de la Portilla: Is that the intent?
Mr. Lago: No. Well, not tomorrow.
Commissioner Diaz de la Portilla: No, well was the intent to have an immediate
application in place?
Mr. Logo: We're keeping our options open. This would -- we would still have to go
through the whole rezoning process. That means we would have to go to PZAB
(Planning, Zoning and Appeals Board) and then before you at two public hearings,
and we'd be coming with a different public benefits package as well.
Commissioner Diaz de la Portilla: So, you'd be coming, if I may, with an additional
public benefits package --
Mr. Logo: Correct.
Commissioner Diaz de la Portilla: -- but your internal conversations are that you
want to upzone it, right? Those two parcels on the north?
Mr. Logo: Correct.
Commissioner Diaz de la Portilla: Okay.
Commissioner Watson: So, you don't get rid of the process, you just get rid of the
time?
Mr. Logo: I apologize, Commissioner. I could not hear you.
Commissioner Watson: You're not getting rid of the process. You're just getting rid of
the time?
Mr. Logo: No. That's -- exactly, sir.
Mr. Garcia -Pons: Yes, sir.
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Mr. Lago: It's an 18-month rule. It's just --
Commissioner Diaz de la Portilla: But the rule is there for a reason, right?
Commissioner Watson: Yeah.
Commissioner Diaz de la Portilla: The rule is there for a reason.
Mr. Lago: Well --
Vice Chair Russell: I'd like to clad if1 could. This was my request.
Commissioner Diaz de la Portilla: Okay.
Chair Russell: When they first -- when the applicant first came to discuss with the
neighborhood and with my office the potential for an application on this property
from T3 to T4, I recognize that with their intent and this property's proximity to US 1,
that they may be seeking a higher and best use at T5.
Mr. Lago: Correct.
Vice Chair Russell: And so, it was imperative for me that they disclose that on day
one with the residents that the true intention is not a single jump zoning change --
Mr. Lago: Right.
Vice Chair Russell: -- but a two-step zoning change.
Mr. Lago: We have.
Vice Chair Russell: And so rather than package this as a single T4, which sounds a
little more innocuous, to be very honest with the neighborhood and go through a
process. Now, the waiting period is there so that you can't surprise the neighborhood
and just start jumping steps.
Mr. Lago: That's right.
Vice Chair Russell: But by -- by their disclosure with the neighborhood, they're
working with the Homeowners and Tenants Association, the GRACE (Grove Rights
and Community Equity) organization, and others, they all are very aware of the true
intention of this applicant. And so, they and we are comfortable with the — moving to -
- for a second application without the 18-month --
Commissioner Diaz de la Portilla: So -- and so it's not that they may, they will, right?
Vice Chair Russell .• It seems to be the intention.
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: They could stop at this point.
Commissioner Diaz de la Portilla: But they're not going to. But that's not their plan,
right?
Vice Chair Russell: Correct.
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Commissioner Diaz de la Portilla: So, they will, and they -- is it 118 people that
signed what you proffered today? 118?
Mr. Lago: Well, today we had 119.
Commissioner Diaz de la Portilla: And how many did you have before?
Mr. Lago: We had a 118.
Commissioner Diaz de la Portilla: Okay. Total?
Mr. Lago: Yeah. It's just that we had an additional -- the reverend here and the
Reverend Nathaniel is here today, and he entered into the record an additional
support letter.
Commissioner Diaz de la Portilla: Okay. So, the 118, all those 118 people are fully
aware that you're upzoning it immediately?
Mr. Logo: Correct.
Commissioner Diaz de la Portilla: Were they told when they signed?
Mr. Lago: Yes.
Commissioner Diaz de la Portilla: So, they were told that?
Mr. Lago: So, for example, our petition letter, if you look at the first, it says, I
encourage you to approve the proposed rezoning for properties from T3-O to T5-O.
Commissioner Diaz de la Portilla: Okay.
Mr. Lago: That's been fully disclosed.
Vice Chair Russell: I like to have our arguments early rather than later.
Mr. Lago: That's right.
Vice Chair Russell: And then when the project comes to fruition, everyone knows
where we stand.
Mr. Logo: Right.
Vice Chair Russell: But the 20 percent proffered for affordability, is at 80 percent of
AMI (Area Median Income); am I correct?
Mr. Lago: Correct.
Vice Chair Russell: This is actually a very, I won't say unprecedented, but it is a very
strong concession to the neighborhood in terms of true affordability that
Commissioner Reyes has always been in favor of reaching down to the deeper level --
Commissioner Reyes: I was hoping it would go lower than 80 percent.
Commissioner Diaz de la Portilla: Well, that's actually my question. In that area, is --
I'm sorry, if I may?
Vice Chair Russell: Yep.
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Commissioner Diaz de la Portilla: In that area, the ADMI -- AMI, is that -- how
different is that from the market in that area -- or market rate?
Mr. Lago: I haven't done a market study --
Commissioner Diaz de la Portilla: Okay.
Mr. Lago: -- personally, or our client hasn't. Butt would tell you that, you know,
we're giving the $100,000 in addition. This is a package deal. So, you know, a lot of --
a lot of rezonings are coming before you, you know, just give cash contributions.
We're giving both because it's our commitment to the community.
Vice Chair Russell: Mr. Garcia -Pons?
Mr. Garcia -Pons: Yes, sir.
Commissioner Diaz de la Portilla: And 20 percent --
Mr. Lago: And there's a lot of working families in this area --
Vice Chair Russell: I think we're going to ask the same question.
Mr. Lago: -- as well.
Vice Chair Russell: Go ahead.
Commissioner Diaz de la Portilla: And 20 percent is how many -- how many units?
Three, you said?
Mr. Lago: Three. It's a small project, you know.
Commissioner Diaz de la Portilla: I know.
Vice Chair Russell: Mr. Garcia -Pons?
Mr. Garcia -Pons: Yes, sir.
Vice Chair Russell: At 80 percent of AMI do you have an estimated calculation of
what the monthly, rent would be --
Commissioner Reyes: Yes. I can give it to you --
Vice Chair Russell.• -- in a unit such as that?
Commissioner Reyes: -- right now.
Mr. Garcia -Pons: I'm doing it right now, but Commissioner Reyes did it in our
briefing so --
Commissioner Reyes: It's going to be -- a year, it's going to be $14,400 and for -- of
which, if you divide by 12, equals $1,200 which is more or less what month --
Vice Chair Russell: 1,200 a month. Now at this point it's an academic exercise,
because if they are truly going to apply for T5, we're going to have a whole new
conversation --
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Mr. Lago: Correct.
Vice Chair Russell: -- because that'll increase the number of units.
Mr. Lago: Correct.
Vice Chair Russell: That'll increase the density and the intensity.
Mr. Lago: That's correct.
Vice Chair Russell: And we'll be at the table again to discuss with the community
what is appropriate in terms of --
Commissioner Diaz de la Portilla: And --
Mr. Lago: We'll come with its separate public benefits package at signing.
Commissioner Diaz de la Portilla: And what is that? I mean, what's that eventual --
Mr. Lago: I --
Commissioner Diaz de la Portilla: -- total number of units and you -- you'll come
back with a 20 percent --
Mr. Lago: It's going to be -- it would be a 36-unit increase for T5. But at that time, I
can come with you -- I can come to you with that specific proffer.
Commissioner Diaz de la Portilla: Right. But I just want to know where you're going.
Mr. Lago: So, we're not --
Commissioner Diaz de la Portilla: I'm curious in knowing where you're going to end
up, not where you're at today.
Commissioner Watson: Right. So, his question is --
Commissioner Diaz de la Portilla: So, are you going to come up at 20 percent
workforce at 80 AMI when you get to the 36 additional units as well? At least that
minimum?
Mr. Lago: There will be -- that will be a minimum. It may be lower.
Commissioner Diaz de la Portilla: Because of, you know. --
Mr. Lago: I do not know at this moment.
Commissioner Diaz de la Portilla: Okay. And what's the market rate for the same kind
of unit right now in that area? 1,200 is what this one amounts to right now, right?
1,200 a month. What's the market rate there for -- if you were to rent a similar unit,
comparable unit?
Mr. Lago: You know, we had a lot of -- during our discussions, we had a lot of
community meetings.
Commissioner Diaz de la Portilla: It's a simple question, I mean what's -- maybe I'm
ask --
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Mr. Lago: 1 don't know the answer to that.
Commissioner Diaz de la Portilla: Yeah. Maybe you can answer that. Can you
Google it?
Mr. Garcia -Pons: Yeah. I can try some --
Mr. Lago: I think you need a specific market study by an appraiser for that.
Commissioner Diaz de la Portilla: Well, I know. But I'm just curious to see if you
were to Google a similar unit in that area, what people would pay without -- I'm just
curious to ask Mr. -- as Commissioner Reyes said, if 80 AMI is really affordable, or is
it just a number you're throwing out there that's not -- that's just really market rate in
that area at this juncture?
Vice Chair Russell: Is there any specification on what size of unit that would apply to,
that $1,200 rate?
Mr. Lago: $1,200 would be a studio.
Commissioner Diaz de la Portilla: A studio.
Commissioner Watson: 1,200 would be a studio?
Commissioner Diaz de la Portilla: A studio, how many square feet? You can just
Google and find out.
Mr. Lago: There is no limit. There's no max or minimum.
Commissioner Reyes: How many rooms are you going to have? The apartments -- are
they going to be one -bedroom to three -bedrooms, two -bedrooms?
Mr. Lago: I'll get you the unit mix, sir.
Vice Chair Russell: Just a quick Google search is not yielding anything at any square
footage under 1,500 so far in that area. But it's also capturing parts of Gables --
Commissioner Diaz de la Portilla: Right.
Vice Chair Russell: -- and other parts of Coconut Grove.
Commissioner Reyes: Yes. It has to.
Commissioner Diaz de la Portilla: That's a different part of Coconut Grove. We all
know that.
Commissioner Reyes: (UNINTELLIGIBLE) if you want to know what the average
market rate is, you have to go specifically to the area, which is very difficult for that
area because one, it's going to be -- you cannot include what it is the East Grove
which is --
Commissioner Diaz de la Portilla: Right.
Commissioner Reyes: -- a lot more --
Commissioner Diaz de la Portilla: Right. But --
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Commissioner Reyes: -- expensive than the West Grove.
Commissioner Diaz de la Portilla: Right. But where they're building with -- where
this particular project is at -- located, anything directly adjacent to that, that's what
you have to look at. You can't look at other areas that are much more expensive than
the Grove, it's giving you an average. So, it's not 15 -- I know for a fact that it's not
$1,500 a month for a studio.
Vice Chair Russell: Well, there's not a lot of -- there's not a lot of multi family yet in
that area. The closest you would find multi family is fitrther north on US 1. But if you
if you're familiar with it, it's near Virginia Street. They had applied for a change of
use a few years ago that was denied, and those apartments aren't as nice as what
these apartments will be when they're done, 1 would assume, because those are quite
aged and those are renting at 14 -- starting at 1,450 for a one -bedroom.
Commissioner Reyes: Yeah.
Vice Chair Russell: And that's right off of US 1 and in an older multi family
apartment. So, at 1,200, they do appear to be below market in this moment for this
upzoning. Again, as I said, an academic exercise if they're not actually developing at
this level of T4, but further applying. But this is very good analysis for us to look into
on the request for T5, and I'm sure the community will be closely attentive to that --
Mr. Lago: Yes.
Vice Chair Russell: -- request as well.
Commissioner Diaz de la Portilla: I just want to make sure they're truly affordable.
Commissioner Reyes: Yep.
Vice Chair Russell: Thank you. I do as well.
Commissioner Reyes: That -- and also do 1. It's very important that we do this
exercise every time that we are given some benefits and see if we are really helping
the community or not. Because we've been used by many developers that they go as
high as 140 percent of the AMI, which is unacceptable. This is borderline -- in my,
opinion, this is borderline affordable. Affordable, in my opinion, should be in that
area for the -- people are making a -- I mean, I bet you that if you get the AMI of only
the West Grove, it's a lot lower than $44, 000 a year, you see. It's a lot lower.
Mr. Lago: And that is why we are also giving the cash contribution as well. So, that's
about -- it's about $6, 666 per unit increase.
Commissioner Reyes: And that -- that fund is going to go where?
Commissioner Diaz de la Portilla: Mr. Chair.
Vice Chair Russell: You're recognized.
Commissioner Diaz de la Portilla: I just want to clarify, when I said affordable, I
didn't mean affordable in the legal definition. I meant it in the regular layman's
definition. What you're talking about is workforce housing, correct?
Mr. Lago: Correct. WorlJbrce housing.
Commissioner Diaz de la Portilla: Workforce.
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Mr. Lago: Correct.
Commissioner Diaz de la Portilla: All right. Affordable would be 60 percent or less.
Commissioner Reyes: You know, I want to clarify something here when we talk about
workforce, affordable, and all of that, you see. And I want once and for all that my
fellow commissioners understand and my -- the Planning and Zoning Department
understand that the word affordable was created in order to take away the bad
connotation that historically, apartments or living quarters --1 mean, the apartments
Jrolow-income people. I mean, the connotation was bad for the people and for the
neighborhoods that were there. Before. 1 mean, when 1 started working as an
economist, it was low-income housing. But low-income housing people, there was
push back every time you went to a neighborhood, you said 15n going to -- we're
going to build low-income housing because people immediately thought that they're
going to bring some kind of people that they were not in line with the established
neighborhood. Then it came, the word affordable. You see, affordable and -- and that
was another word that was given and also had its bad connotation. And now, they got
this denomination now and this classification of workforce, which is from 60 to 140
AMT. I mean, it is a name that has been given to do away with the -- with the bad
connotation that it had before, you see. And when people say, no, a -- a workforce, oh,
yeah, workforce. But its the same thing, man, okay. You see what I mean?
Vice Chair Russell: Yes. It's very true, Commissioner Reyes. Thank you very much.
And 1 very much appreciate that this dais is taking inclusionary zoning very seriously
on a neighborhood -by -neighborhood basis. It means a different thing in the Omni,
when we say inclusionary zoning, and you can go up to 30 floors. But in the Grove,
you can't do that. So, we have to customize it to the neighborhood. But we need some
help, Mr. Garcia -Pons, for the future. And what 1'd like to recommend that on any
zoning application that comes before this board, that we receive an analysis from
staff. Not from the applicant, but from staff. And that analysis should include the
neighborhood average rent, not the AMI of the entire county, but that neighborhood
that's being --
Commissioner Diaz de la Portilla: Of course.
Vice Chair Russell: -- targeted by that application, what the average rent price is.
And then I'd like to look at a market rate of square footage under their current zoning
Commissioner Reyes: Yeah.
Vice Chair Russell: -- their per square foot market rate under their current zoning,
and then what that value would increase to, based on the application request. If
they're going from T3 to T4, that gives them an additional capacity and density. What
does that yield in terms of an additional value in square footage for that market area?
That will give this dais the idea of how much value is being granted to that applicant.
That'll also give the neighborhood the idea of what is reasonable in terms of a request
when they talk to this applicant in terms of a benefits agreement.
Commissioner Reyes: Yes, -- I -- if I may. And, Mr. Chair, you know that since day
one I've been advocating for that. I'm advocating that when we call what it is
affordable, in certain areas of Miami, it's not as much when we are dealing with the
AMI It does not apply, for example, Liberty City, Little Havana, Allapattah, and parts
of my district in Auburndale, for example, and things like that. So, if we are going to
build in that area and we are going to be trying to benefit those neighbors, people that
live around that area, we have to take into consideration, and that's something that
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would have to be factored in. What is the AMI of that area? The area AMI and, also,
we have to have a serious comparison between market rate and what we are offering,
you see. And the only way to do it is just as the Chairman requested. And I'm real
glad that you're requesting that, sir, and I really support that request, and I do want
to pass that --
Vice Chair Russell: Thank you.
Commissioner Reyes: -- resolution. I will second it.
Vice Chair Russell: Well, let's see what we need here. Mr. Garcia -Pons, what do you
need to -- in order to accomplish this analysis on a regular basis? Do you need
additional tools, budget?
Mr. Garcia -Pons Yes, sir.
Vice Chair Russell: What's it going to take?
Mr. Garcia -Pons: So, I think just two asks here, right. We could do, today, going
forward. any application that comes in with a request for affordable housing, we staff
can do a distance radius study of rents and -- of what the rents are and what the
possibility --
Commissioner Reyes: Absolutely.
Mr. Garcia -Pons: -- of market rate versus affordable are per application. The intent
is, as you have directed us and we are excited to do, is take a look at it, neighborhood
by neighborhood, citywide. That is a much larger ask that we talked about last time
about getting a consultant on board to help us with the economics of that, to establish
the value. Because that's something that we are currently not ready or able to do.
Vice Chair Russell: Is it a software or is it a consultant?
Mr. Garcia -Pons: So, it's two things. There is a software that can help us, and I think
that's what we can get now with the small project -by -project basis. The
neighborhood -by -neighborhood is a large task because there are many
neighborhoods, and we'd have to really dig deep into all of them to figure it out. That,
we need a consultant to do. So, we could do two things. We can address the question
of today almost immediately with a small software purchase and some time from staff
The larger issue of neighborhood AMI, which we all agree is something we need to
do, we need a consultant.
Vice Chair Russell: How much is that software?
Mr. Garcia -Pons: The licensing, I remember I think, was about 20,000 a year.
Vice Chair Russell: Madam City Attorney, in order for us to concretize this as a
regular procedure that shows up in writing in our backup for any zoning application,
do you need a change to the Code or a resolution directing what would establish this
as regular procedure of an analysis from staff when a zoning application is
requested?
Mr. Garcia -Pons: So, we could just do it. I mean, that's part of our process. We don't
need any -- we don't need anything from you unless you want to assign something. But
it is something that we have a criteria of processes that we list.
Vice Chair Russell: Yeah.
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Mr. Garcia -Pons: As you can see in the backup, we do different housing types, we do
all sorts of analysis. We'll just add it to the list of things that we do because we can, if
we have that software.
[Later... ]
Vice Chair Russell: For this application, I am fully comfortable at this point because
it allows them to get to the next step, to come back to us for what they truly like.
Commissioner Reyes: We have a resolution and a second. 1 mean, --
Commissioner Carollo: Call the question.
Vice Chair Russell: I need to open for public comment on the item, Mr. Clerk.
Todd B. Hannon (City Clerk): Correct. So the -- right now, the vote is going to be on
your direction to the --
Vice Chair Russell: Sorry. We -- actually we have a motion on the floor for the item
itself. Then we'll take up the motion and the second on the separate resolution. Would
-- is that what you prefer, Mr. Clerk?
Mr. Hannon: Yes, sir. Because we have two things going on right now. So, l just want
to make sure --
Vice Chair Russell: Thank you. I apologize for taking it out of order. So, yes, there is
a motion and a second already on PZ.1 and 2. They have been read into the record
and we've already had public comment. Is there any further discussion on the dais
regarding PZ.1 and 2? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Victoria Mendez (City Attorney): Commissioner, Chairman, Chairman, PZ.2 is as
amended with the covenant and the proffer.
Vice Chair Russell: Yes. Correct.
Ms. Mendez.: Okay.
Vice Chair Russell: Thank you.
Ms. Mendez: Thankyou.
Vice Chair Russell: Noted.
Vice Chair Russell: And this is the only first reading, so we'll see you again soon.
Mr. Lago: Thank you, Board.
Vice Chair Russell: Motion passes.
Mr. Lago: Have a good afternoon. Thankyou, sir.
Vice Chair Russell: Thankyou very much.
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PZ.2 ORDINANCE First Reading
6761
Department of
Planning
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT
ZONE -OPEN, TO "T4-R," GENERAL URBAN TRANSECT ZONE -
RESTRICTED, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED, AND BY CHANGING THE
ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT
ZONE -OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE -
OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040
CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B,"
ATTACHED AND INCORPORATED; GRANTING THE WAIVER OF
TIME LIMITS PURSUANT TO SECTION 7.1.2.8.G.7 OF THE MIAMI 21
CODE; 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: Manolo Reyes, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item Number PZ.2, please see
"Public Comments for all ltem(s) " and Item Number PZ.1.
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PZ.3 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: Continue
RESULT: CONTINUED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Jeffrey Watson, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: Item PZ.3 was continued to the May 13, 2021, City
Commission Meeting.
Note for the Record: For minutes referencing Item Number PZ.3, please see "Order
of the Day."
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PZ.4 ORDINANCE Second Reading
8745
Department of
Planning
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), PURSUANT TO A PROPOSED SETTLEMENT
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 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.
ENACTMENT NUMBER: 13989
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Diaz de la Portilla, Carollo, Reyes, Watson
NAYS: Russell
Note for the Record: For additional minutes referencing Item Number PZ.4, please
see "Order of the Day."
Commissioner Reyes: PI.4 -- PZ.4. And let's flip to a --
Vice Chair Russell: All right. So that's 1 and 2 done. PZ.3 was deferred. PZ --
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Commissioner Reyes: 4.
Vice Chair Russell: -- 4. is Rocky available? I know 1 had told her after lunch, but is
she around?
Victoria Mendez (City Attorney): Can we address maybe the discussion items and
then we figure that out shortly?
Vice Chair Russell: We could unless she's here. If she's here, I'd prefer just to take it
up. It's not even 11 o'clock yet.
Ms. Mendez: She's not here physically. I need to see if --
Vice Chair Russell: 1 know. If she's available on Zoom.
Ms. Mendez: Right. So, I need to figure that out. So, if you give me a minute
Raquel Rodriguez: I'm here.
Ms. Mendez: Thank you, Rocky. Thanks.
Commissioner Reyes: Rocky's (UNINTELLIGIBLE).
Ms. Rodriguez: Sorry. 1 was just making sure I could sign on. Good morning.
Vice Chair Russell: Good morning, Rocky. How are you?
Ms. Rodriguez: Good morning, Mr. Chairman.
Vice Chair Russell: This is item PZ.4. Is there -- is there a motion on PZ.4.
Commissioner Carollo: Moved.
Commissioner Diaz de la Portilla: So moved.
Commissioner Reyes: Second.
Vice Chair Russell: It's been moved by Commissioner Carollo, seconded by
Commissioner Reyes. Does it need to be read into the record, Madam City Attorney?
Ms. Mendez.: Yes. It does.
Vice Chair Russell: Please do so.
The Ordinance was read by title into the public record by the City Attorney.
Vice Chair Russell: Thank you very much. Good morning, Rocky. Is there anything
you'd like to present on this item?
Ms. Rodriguez: No, Your Honor. Other -- Mr. Chairman, other than it was presented
at PZAB (Planning, Zoning and Appeals Board) yesterday. Majority voted not to
recommend the ordinance. But as the Commission knows, that is a recommendation,
and the Commission is free to vote as it wishes.
Commissioner Diaz de la Portilla: Why -- if I may.
Vice Chair Russell: Commissioner, you're recognized.
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Commissioner Diaz de la Portilla: What was the vote of PZAB? What was the vote?
Ms. Rodriguez: I couldn't -- I couldn't hear it myself. I understood it might have been
4-3, but perhaps staff can advise.
Commissioner Diaz de la Portilla: They just told me right now, visually told me. 4-3,
and what was the reasoning they gave, or they used for -- what was the discussion
about? What did you -- did not witness the discussion?
Ms. Rodriguez: Yes. 1 was present. A number of residents appeared in person, and
some had sent e-mails against. Some of the no votes felt that they -- you know, they
were opposed to any gambling in Edgewater. And they felt that -- also felt that the
developer's plans ought to be reviewed before authorizing any gambling uses at the
location. And some were upset that the Commission had already had first reading on
the agenda -- on the ordinance prior to PZAB considering it. So, I don't know what
individual reasons were, but those were some of the opposing views. And then some of
the supporting views believed that West Flagler deserved to have a decision now, and
that this was -- had been a problem when the four -fifths ordinance had been adopted
in 2018. They were involved -- PZAB back then, when PZAB recommended against
the four -fifths ordinance because they were concerned about the litigation that
ultimately ensued, and they were supportive of the ordinance. So, those were the
range of views that were expressed at the PZAB meeting.
Commissioner Diaz de la Portilla: IfI may. Rocky, these were the opinions given by
the neighbors or by the PZAB members?
Ms. Rodriguez: I was reciting what the members said.
Commissioner Diaz de la Portilla: Okay. Okay.
Ms. Rodriguez: The neighbors' opinions were that they didn't -- some of them that
they did not want any gambling in Edgewater. Others were concerned about traffic.
Others were concerned about what the ultimate buildings were going to look like and
wanted the item deferred until the developer, Crescent Heights, came forward with
plans so that the board and the commission could take all of that into account before
approving gambling uses.
Commissioner Diaz de la Portilla: Were there any neighbors in support of West
Flagler?
Ms. Rodriguez: The only person who appeared was Mr. Havenick who lives in the
area and also is obviously a principal of West Flagler.
Commissioner Diaz de la Portilla: But there were no other neighbors in support of
the application of West Flagler?
Ms. Rodriguez: None that were present. I don't know if any e-mails were received in
support and not read.
Commissioner Diaz de la Portilla: Are there any e-mails in support from the
neighbors? It's your district, Mr. Chairman.
Vice Chair Russell: My neighborhood is overwhelmingly opposed, not necessarily to
gambling in general, but to the fact that we have not, followed the ordinance that was
put in place that would protect those residents. Through a four -fifths process, and a
public hearing process, through an exception, any gambling establishment can come
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to any one of our neighborhoods. This particular one was right on the edge of
whether they were in or out the door on that ordinance. 1 believe they were in. The
staff believes they were in. But 1 understand the settlement. So, I'm not here to rehash
the concept of that vote. But 1 am with my residents. I am opposed to granting this in
my district, in my neighborhood, without the proper process that we had set in place. I
don't really see what we gained as a City out of this settlement. I feel like we just
gave.
Commissioner Diaz de la Portilla: But beyond the settlement, if I may.
Vice Chair Russell: Yes.
Commissioner Diaz de la Portilla: Beyond the settlement, there was a PZAB meeting
yesterday.
Vice Chair Russell: Yes.
Commissioner Diaz de la Portilla: And there was only one person, a principal,
supporting the establishment. I'm just -- and the PZAB Board voted against it, against
recommending -- a 4-3 close vote, but still against. I'm just surprised why you didn't
have more people in the neighborhood supporting it at that particular meeting
yesterday. And can you -- can Mr. Havenick answer that question?
Vice Chair Russell: Yes. Mr. Havenick, you're recognized.
Commissioner Diaz de la Portilla: I just don't want to be top -driven. I get the
settlement. I get the conversation. I get the complexity of the conversations. I get the
agreements. I get all that. I just -- I'm a little bit concerned.
Izzy Havenick: I -- I think --
Commissioner Diaz de la Portilla: Let me finish -- let me finish.
Mr. Havenick: Sorry.
Commissioner Diaz de la Portilla: Let me finish. I'm a little bit concerned that if we
have -- you know what the process is. You know how sensitive the conversations have
been. And you have a meeting yesterday and you don't have any community support
show up at that meeting. It seems to me that you may have just said we're there, so we
don't care. So, we don't need to elicit any kind of community support. And then you
got a vote against it, and then you come before us the next day. It seems to me there's
a little bit careless on your part that you didn't really go and talk to your neighbors
and say, "Hey, we're almost there. If you support this, please come out, show
community support to the Commissioners for tomorrow's meeting and also for
yesterday's meeting, the PZAB meeting. " I'm surprised why you didn't do that and
why, did that not happen? Why there's no grounds (UNINTELLIGIBLE) support, say,
"Hey, we want to -- a card establishment here in Edgewater."
Mr. Havenick: May I go now, sir?
Commissioner Diaz de la Portilla: Yes.
Vice Chair Russell: You're recognized.
Mr. Havenick: First of all, I think one of the things that should be recognized is in the
settlement, when we were asked to go back and discuss with the other parties who had
.filed lawsuits, three of the homeowner's associations were party to that lawsuit, so
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they had a seat at the table. So, they, by agreeing to the settlement, 1 think that was
their conveyance of support of the settlement. And those were the Brickell
Homeowners Association, the Morningside Civic Association, and one of the Paraiso
Associations. So, I think by them agreeing to the settlement, that's their way of saying
it. I do know that there were e-mails sent in support. I don't know how many were sent
Commissioner Diaz de la Portilla: You don't know how many?
Mr. Havenick: Against or not -- or in favor --
Commissioner Diaz de la Portilla: In support?
Mr. Havenick: I know I was blind copied on about 15.
Commissioner Diaz de la Portilla: 50? Five zero?
Mr. Havenick: No. One five.
Commissioner Diaz de la Portilla: One five.
Mr. Havenick: But 1 don't know how many people didn't blind copied me. They were
sent to you -all, not me. But 1 do know that there were e-mails this time, sent in
support, but 1 think one of the thought processes was, the fact that -- rear of the -- that
all the -- all the homeowner's groups that got involved in the lawsuit, signed off on the
settlement, and the one group that chose to not partake in the lawsuit, and thereby did
not have a seat at the table, was the vocal group. But they chose to not partake in the
lawsuit, the three groups that did and worked through the settlement with us at the
direction of the Chair when we were instructed to sit with all of the parties, by them
agreeing to our settlement is their agree -- is their way of acknowledging that they
supported what we were doing.
Vice Chair Russell: Mr. Havenick, could you clarify then because this -- you're --
you're speaking on behalf of other people who are not here at this point so we're in a
quasi-judicial setting. You are saying you have written support from these
homeowner's association such as the Paraiso Homeowners Association in support of
this ordinance?
Mr. Havenick: That is not what I said.
Vice Chair Russell: Okay, --
Mr. Havenick: I said --
Vice Chair Russell: -- please clarify.
Mr. Havenick: -- as them being part of the lawsuit, and them agreeing to the
settlement that you instructed us to sit with Mr. Braman and all of the parties of his
lawsuit, one of which was one of the Paraiso groups, I didn't say all of them I just said
one, because Mr. Perez was named as a party many times. I believe that in the -- in
the smell test arena, them agreeing to the settlement, and thereby the settlement being
presented to you, would be them saying they approved the settlement, otherwise their
side would not have agreed to the settlement.
Vice Chair Russell: Thank you. And that's very fair. And I wasn't trying to put words
in your mouth I want clarification because I know there are many, homeowner's
groups who are completely opposed to not only the settlement, but this -- this
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ordinance. So, those were parties to the settlement who agreed to the settlement,
which de facto as you were saying --
Mr. Havenick: And I --
Vice Chair Russell: -- means they're probably in favor of this ordinance. Which I
would agree with.
Mr. Havenick: -- yes, I also know Mr. Braman invited every one of the homeowners'
groups to be a part of his lawsuit.
Commissioner Diaz de la Portilla: Did I hear you correctly Mr. Chair, Mr. Perez
remains opposed to the settlement?
Vice Chair Russell: Who?
Commissioner Diaz de la Portilla: Mr. Perez Jorge Perez?
Vice Chair Russell: I haven't spoken to him in a while on this, actually.
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: So, it is -- the last 1 spoke to him, yes, he was not in favor of the
settlement.
Commissioner Diaz de la Portilla: Mr. Havenick, he 's not in favor of the settlement?
Ms. Rodriguez: If may, Mr. Chairman, in my conversations with opposing counsel
on the case, which did represent a -- an entity controlled by the -- the related group of
Mr. Perez, I asked them all several times if they were representing all of the plaintiffs
in the litigation and assenting to what we were doing, and they assured me that they
were. So, it has been our consistent understanding from the moment that we engaged
in discussions with the other side and the litigation challenging the first settlement,
that all of the plaints in that case were aligned, and that when counsel was saying
we are satisfied with the settlement, and we're satisfied with the language of the
ordinance that you've proposed, that they were speaking for everyone. I've never
gotten a call from anybody, tell me -- telling me otherwise.
Commissioner Diaz de la Portilla: So, Rocky, everyone -- if I may, Mr. Chair --
Vice Chair Russell: You may.
Commissioner Diaz de la Portilla: So, everyone is in agreement, every single player
in this entire battle is in agreement with the settlement?
Ms. Rodriguez: In the litigation that we were defending against, the prior settlement
agreement, that was the representation that I received from the counsel of record who
said that they were representing the parties, and I have no ability to contact a party
who's represented by counsel. So, I can't go and double-check whether counsel is
being truthful, but I took them all at their word and that's the only thing we have to go
on.
Commissioner Reyes: Mr. Chair?
Vice Chair Russell: Yes, you're recognized.
Commissioner Reyes: As I stated before, last time, we -- we deposit our trust in Rocky
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and we went to a process where there was people -- opposed people against certain
conditions have to be met and all of that, and a settlement was reached. And this is the
only thing that we're discussing here. The settlement was reached, and every single
party that was -- I mean, that was opposed it -- that they were the ones that took this
decision to court, they agree on a settlement. We just voted; we voted in the first
reading to accept this settlement. And the only thing that we're doing here is to ratify
the second reading -- that settlement that it was -- it was -- I mean, agree upon the
people that were in favor and people that were against.
Vice Chair Russell: Just as clarification though, this is not a second reading of a
settlement, this is an ordinance.
Commissioner Reyes: This is the second -- in an ordinance, that's right.
Vice Chair Russell: Yes.
Commissioner Reyes: But we -- we voted in favor of this based on all the information
that we've received in first reading.
Vice Chair Russell: Yes.
Commissioner Reyes: I'm sorry. 1 stand corrected, 1 stand corrected. We were in the
first reading using all the information that was presented by Rocky, okay. So, 1 think
that we either -- we vote in favor or not, but let's -- let's call the question.
Vice Chair Russell: And just to clam, my understanding is there were 53 letters
against, at PZAB and 0 letters in favor at PZAB.
Commissioner Reyes: Okay.
Vice Chair Russell: And it did get voted down at PZAB. Now, we're doing what we
believe we have to do as a body' --
Commissioner Reyes: Yeah, I know but --
Vice Chair Russell: As a fiduciary to the City, clearly, there's a fear that we were at
financial risk in this lawsuit.
Commissioner Reyes: I do agree, I do agree that we have to go through this process,
but 1 think that we have gone through this discussion before and -- and now -- I'm
more than glad to clear the air, butt don't think that is nothing else that we can say
that we vote or we don't vote. That's it.
Vice Chair Russell: Thank you.
Commissioner Carollo: The question's been called Mr. Chairman, the --
Commissioner Reyes: Call the question.
Vice Chair Russell: Yes, sir. So, there is a motion and a second on PZ.4 already.
Thank you very much. Has it been read into the record, Madam City Attorney? It has.
Alright. Any further discussion on the dais? All in favor of the item, say "aye." What
am I missing? Commissioner Watson.
Commissioner Watson: This resolution that was just passed out?
Vice Chair Russell: No, that's not what we're voting on.
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Commissioner Watson: Okay. So, this is something totally different.
Vice Chair Russell: It's -- this is the pocket item by the Mayor; is that what you're
referring to?
Commissioner Watson: Doesn't say one way or another, but just truing.
Vice Chair Russell: Sponsor Mayor Francis Suarez (UNINTELLIGIBLE) --
Ms. Mendez: That -- that's the pocket item, what you're holding is the pocket item
from the mayor.
Vice Chair Russell: And (UNINTELLIGIBLE) related, but we'll take it up -- we're
only taking it up because Rocky's here with us now and that's related to her
representation of us as well. So, all right. All in favor, say "aye."
Commissioner Reyes: Aye.
Commissioner Carollo: Aye.
Commissioner Diaz de la Portilla: Aye.
Vice Chair Russell: Any opposed? No. Motion passes. Thank you very much.
Mr. Havenick: Real quickly, were you a no or no opposed? Was it unanimous?
Vice Chair Russell: I'm a no vote on the -- on the legislation. I am opposed -- I am I
am yes opposed --
Mr. Havenick: Just curious.
Vice Chair Russell: Nothing personal, Mr. Havenick, I am opposed to the settlement,
and I am opposed to the ordinance on behalf of my residents who are not getting the
representation they need from us with regard to our Code.
Mr. Havenick: Thank you all for your time.
Vice Chair Russell: Thank you.
END OF PLANNING AND ZONING ITEM(S)
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NA.1
8866
City Commission
NA - NON -AGENDA ITEM(S)
RESOLUTION
A RESOLUTION OF THE MIAMI CITY SUPPORTING
CONGRESSWOMAN FREDERICA WILSON'S REQUEST FOR
FEDERAL FUNDING TO CONSTRUCT A PERMANENT COVID-19
MEMORIAL; FURTHER SUPPORTING CONGRESSWOMAN
FREDERICA WILSON'S REQUEST FOR FEDERAL FUNDING TO
ESTABLISH THE COCONUT GROVE VILLAGE WEST BAHAMIAN
HISTORY AND CULTURAL CENTER TO PRESERVE PROMOTE
AND PRESENT THE VIBRANT CULTURAL AND HISTORY OF THE
BAHAMIAN PIONEERS WHO BUILT MIAMI'S FIRST
NEIGHBORHOOD; DIRECTING THE CITY CLERK TO TRANSMIT
A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED
HEREIN.
ENACTMENT NUMBER: R-21-0154
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 NA.1, please
see "Order of the Day."
Vice Chair Russell: That being said, shall we take up PI.1 ? Commissioner Watson's --
Commissioner Reyes: Move it.
Vice Chair Russell: -- resolution supporting Congresswoman Wilson's request for
federal funding.
Commissioner Reyes: Move it.
Vice Chair Russell: I'd actually like to offer a friendly amendment, Commissioner,
because Commissioner Watson -- I mean, I'm sorry -- Representative Wilson reached
out to my office as well. She is looking for federal funding to create a Bahamian
history and cultural museum in the West Grove. And she wanted to add that as
something that she would like us to advocate for at commission, which will help her in
her funding requests for that. It would not affect the funding requests that you were
seeking on her behalf for the COVID memorial. Is that something you would accept as
an amendment?
Commissioner Watson: Sure. Sure.
Commissioner Reyes: I move it.
Vice Chair Russell: Moved by Commissioner Reyes, seconded by Commissioner
Watson.
Commissioner Carollo: Move to add a third friendly amendment?
Commissioner Watson: Yes.
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NA.2
8868
City Commission
Commissioner Carollo: We also created the requests to have a join museum on Cuban
American participation in South Florida in Miami, together with the Bay of Pigs
Museum, to be built in Little Havana. Hopefdly, we will soon have hundreds of
thousands of tourists coming hack to Little Havana. And if we build the infrastructure
there, especially with these types of museums, we will get even more tourists that will
be coming and staying more time there. So, if I could add that friendly amendment, if
it's appropriate --
Vice Chair Russell: I believe this is specifically in support of Congresswoman
Wilson's specific requests at the federal level, if you'd like to offer a separate --
Commissioner Carollo: I'll offer a separate one then --
Commissioner Reyes: Yeah, offer a separate one --
Commissioner Carollo: -- after we're done with this one.
Commissioner Reyes: (UNINTELLIGIBLE) Dade delegation and anybody that we
know.
Vice Chair Russell: I'll list that as P1.8, and we'll take that up right afterwards.
Commissioner Watson, you have a motion by Commissioner Reyes, seconded by
yourself an amendment approved by both Commissioner Diaz de la Portilla and
myself 1 would like to be noted as a co-sponsor on PH and thank you for bringing
this.
Commissioner Watson: So, we are including yours and Commissioner Carollo is
going to do his separate?
Vice Chair Russell: His will be separate. It will be a separate item.
Commissioner Watson: Okay. All right. Okay.
Vice Chair Russell: I'll open for public comment on this and any of the pocket items
that have been presented earlier today. If anyone has been listening and would like to
comment on any of the pocket items, this is the time to speak. Seeing none, I'll close
public comment on all of the pocket items. Any further discussion on PI. I ? Seeing
none, all in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes as amended. Thank you very much.
DISCUSSION ITEM
DISCUSSION BY COMMISSIONER WATSON REGARDING
PROPER BUSINESS LICENSE FOR ALTERNATIVE MOTORIZED
VEHICLES.
MOTION TO:
RESULT:
Withdraw by Sponsor
WITHDRAWN BY SPONSOR
Note for the Record: For additional minutes referencing Item Number NA.2, please
see "Order of the Day."
Vice Chair Russell: P12, is the unlicensed vehicles.
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Commissioner Watson: Mr. Acting Chairman, I withdraw that.
Vice Chair Russell: PI.2 has been withdrawn.
NA.3 ORDINANCE First Reading
8860 AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -
City Commission FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER
2/ARTICLE X/SECTIONS 2-814 OF THE CODE OF THE CITY OF
MIAMI, FLOIRDA, AS AMENDED, TITLED
"ADMINISTRATION/CODE ENFORCEMENT/ENFORCEMENT
PROCEDURES," AND SECTION 2-817 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE
COSTS, FINES; LIENS," TO PROVIDE FOR IRREPARABLE OR
IRREVERSIBLE VIOLATION FINES FOR ALL OFFENDERS AND
FOR HOMESTEAD, NON -HOMESTEAD AND COMMERCIAL
PROPERTIES A $1,000.00 PER DIEM FINE FOR A FIRST TIME
VIOLATORS OR A $5,000.00 PER DIEM FINE FOR REPEAT
VIOLATORS FOR ALCOHOL RELATED OFFENSES; CONTAINING
A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Manolo Reyes, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For additional minutes referencing Item Number NA.3, please
see "Order of the Day."
Vice Chair Russell: Do you need a -- PI3, this is Commissioner Carollo, PI3 and 4.
Well take them together, per diem fines and direction to the manager to take action
on violations.
Commissioner Reyes: Move it.
Vice Chair Russell: I haven't seen it yet.
Commissioner Carollo: Hold on. Madam City attorney, could you read it, please?
Victoria Mendez (City Attorney): For P13.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: Basically, per Florida Statutes allows when property goes to Code
Enforcement, it can be up to $250 per day for a first offender, up to $500 per day for
repeat violators. That's the regular statute for Code Enforcement. If the -- a City with
more than 50,000 residents, passed by a four fifths affirmative vote, certain violations
could be -- to have higher fines, those fines can be up to $1, 000 per day for first-time
violators or up to $5, 000 per day for repeat violators until they come into compliance.
If for some reason they came into compliance right away, but they did not -- were
basically cheating the City, and it just happened and it stopped, there could be a one-
time fine for $15,000, because it's irreparable and irreversible. So that is what this
ordinance does, that it allows for violations of our Chapter 4 of the City Code for
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alcoholic beverages, for that to be one of these types of violations that can have these
enhanced penalties or the Commission's edification, and you all know, but murals are
treated this way as well. And tree violations are treated this way as well. So, these are
other violations that this Commission has sought fit to treat with enhanced penalties.
Vice Chair Russell: You're recognized, Commissioner Carollo.
Commissioner Carollo: Thank you. Basically, from my district to Wynwood to all our
districts, we have had at one time or another, alcohol establishments that opened in
varied degrees without getting any kind of permits, not having CUs (Certificate of
Use), not having BTRs (Business Tax Receipt), and in many cases not even having
alcohol licenses or false alcohol license, like I pointed out one Valentine's Day here in
this Commission something that happened in my district. So, when you have
establishments like this that are operating you get an idea what is happening. They
get 150, 200 people. They could make easily 20, 25,000 a night. Sometimes much
more. If they get 300, 400, 500 people, they can go over 50,000 a night. If you're only
going to charge them $500 ticket, it's almost, you know, a joke. It's like a tip they're
giving us from what they make. At least here, we're going to have the ability to maybe
fine them the whole full day of profit, or maybe a day -and -a -half of profit. It's still
nowhere near what it should be, but it's the best that we could do under the state
statutes that we have to abide by. Certainly, much better than what we have now.
Commissioner Reyes: Yes, sir. I move it.
Vice Chair Russell: Moved by Commissioner Reyes.
Commissioner Diaz de la Portilla: Second.
Vice Chair Russell: Second by Commissioner Diaz de la Portilla. Is there any further
discussion on the dais?
Ms. Mendez: Commissioners, I just wanted to point out this is first reading today, but
it will be an advertised second reading for 4/22. So, you'll have more time to discuss
it. Also, I'm not sure right now if this is something that will only go to the Code
Enforcement Board versus Code Enforcement Board or a Special Masters. That may
be changed between first and second, but I'm telling you now so everybody's on
notice. The Commissioner still needs to think about that, I think.
Commissioner Carollo: Well, this Commission has taken a position that the Code
Enforcement Board will hear all commercial, non-residential, homesteaded
properties. So, that's why we wrote it this way.
Ms. Mendez: Okay. So, well, we may have to clarify that between first and seconds to
be consistent with the other one.
Commissioner Carollo: Yes.
Ms. Mendez: I just wasn't -- we weren't able to do that right now.
Vice Chair Russell: And Commissioner Carollo, I had intended for this motion to be
for both PI.3 and 4. Are you -- do you have anything to state regarding PI4 with --
Commissioner Carollo: Well, we need to read the resolution for PI4. PI4 is just a
resolution that don't think she's read.
Ms. Mendez: Right. I haven't read D1.4 [sic] if-- PI4. If there's any way we could just
-- just because this is an ordinance, if we --
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Vice Chair Russell: An ordinance, you'd rather have it separate. That's fine.
Commissioner Carollo: (UNINTELLIGIBLE).
Ms. Mendez: (UNINTELLIGIBLE).
Vice Chair Russell: The motion and a second is on PI.3 alone. Is there any further
discussion. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes on first reading.
Commissioner Reyes: Can I ask now that we are dealing with people that they don't
have a liquor license. And I've been asked that why -- and I'm totally, ignorant about
this, how the -- what the procedure is that -- and I want to clarify it before I respond,
why when we go at -- I mean, we go into one of those establishments, that they don't
have a liquor license, why don't we take the liquor? And why don't we confiscate the
liquor, you see? When we're just giving them a fine, but the liquor stays there, you
see? I mean, the supply that they have of liquor that they were illegally selling stays
there. So, it is in our power to confiscate it, or we have to call somebody else? And I
would like that procedure, Mr. Manager, to be establish because I mean, I've — as
Commissioner Carollo said we're giving them $500 and now it's going to be different,
but we'd give them a $500 fine. But they have a huge stock of liquor that is thousands
of dollars, and they keep it.
Vice Chair Russell: Madam City Attorney, are we able to confiscate?
Ms. Mendez: Commissioner -- so we will do some research for you. We do do certain
confiscations. I just need to look at the parameters of that. That is a very good idea. I
just need to research it. Please don't put me on the spot right now.
Commissioner Reyes: Okay.
Ms. Mendez: Okay.
Vice Chair Russell: And which office would you like it sent to, Commissioner Reyes?
Commissioner Reyes: Well, I would divide it equally with five --
Vice Chair Russell: Thank you. The City Attorney will conduct research.
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RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO RE -INSTITUTE THE BAR AND
ALCOHOL ESTABLISHMENT TASK FORCE TO INSURE
PROACTIVE ENFORCEMENT BY THE POLICE, FIRE, BUILIDNG
AND CODE DEPARTMENTS OF THE CITY OF MIAMI OF THE
REQUIREMENTS OF THE CITY CODE, THE FLORIDA BUILDING
CODE, THE FIRE CODE AND MIAMI 21, THE CITY'S ZONING
CODE
ENACTMENT NUMBER: R-21-0155
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia 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: All right. Let's take up PI.4 please. Commissioner, Carollo, you
recognized.
Commissioner Carollo: Well, we haven't voted on the --
Vice Chair Russell: Yeah, we did.
Commissioner Carollo: My mistake. Alright, PL4 is the resolution of the Miami's City
Commission instructing the City Manager to re -institute the Bar and Alcohol
Establishment Task Force to ensure proactive enforcement by the police, fire,
building and code departments of the City of Miami of the requirements of the City
Code, the Florida Building Code, and the Fire Code in Miami 21, the City Zoning
Code. You know, we have had a task force since I was mayor many, many years ago.
It was so effective that when Mayor Diaz came on board after me, he kept it. And we
were successful in shutting down a lot of -- well, just about every cafeteria that was
being turned into a nightclub at night. And charging $20 a beer and everything that
went along with it. That was watered down, very much watered down throughout the
years and then with COVID we seemed to have lost it. So, now that we're going to be
going back to no curfews, I think it's going to be very much needed. The biggest area
usually that we have had problems has been in the Wynwood area. There's been some
in mine but limited. So, we need to establish this as a full force to go out there at night
where, truth is, that we have very, very little enforcement at night. And all these
people know this. They all know that we have a skeleton crew with probably one code
enforcement officer at night. The police are going from call to call, and we need to
establish this again. For instance, a lot of those places are going to have a lot more
problems than a code enforcement officer is qualified to see. That's why you need
building officials. That's why you need fire officials. So, this is what was done when
this was originally established. So, we're trying to get this back on to get ahead of the
ball, not behind it.
Vice Chair Russell: Thank you. Is there a motion on P1.4?
Commissioner Reyes: Move it.
Vice Chair Russell: Moved by Commissioner Reyes.
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Commissioner Diaz de la Portilla: Second.
Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla.
Commissioner Watson: Can I just have the City Attorney please read that -- read the
reso again?
The Resolution was read by title into the public record by the City Attorney.
Ms. Mendez: So, basically, all the disciplines go out and do the proper checks of
alcohol establishments at night with all the disciplines. And it's been done pretty much
for 20 years, but sometimes more than others. And this is being directed for that to be
done more often.
Commissioner Watson: Okay.
Vice Chair Russell: Mr. Manager, what's the status of our hunt jbr a Code Director?
Arthur Noriega (City Manager): Say it again, sorry.
Vice Chair Russell: Do we have a director of the Code Compliance Department?
Mr. Noriega: Actually, they're meeting today to establish the interview group today.
So, they'll be doing interviews over the next week.
Commissioner Carollo: This ain't going to be like the police interview group, right?
Mr. Noriega: It'll be a normal process. We have applications. We have a shortlist. We
have an interview committee.
Commissioner Carollo: That's what you told me the last time, a normal process.
Commissioner Reyes: Yes. Now that we're talking about code, Mr. Chair, if I may
make a suggestion? Mr. Manager, I have learned that some cities, they require the
code inspectors to have video cameras -- I mean, to have cameras in order to record
everything that goes inside when -- I mean, when they go in to avoid
misunderstanding and false accusations. I would like for you to make an analysis on
what would be the costs and the feasibility of providing cameras to our inspectors.
And also, now that I'm talking about cameras and all of that, I have to say this
because if not, I'm not Manolo. I have said -- I have heard -- and a lot ofpeople in the
public, you see, the residents, they are under the impression -- because -- probably is
because the press is saying -- that we are withholding information. Because the public
record requests, they take so long. And there is a lot of different, I will say, gossip, or
what we call in Spanish (Comments made in Spanish not translated.), that they claim
that certain information they are withheld because they are protecting either officials
or protecting members of the City Officials or City Elected Officials. And in order to
avoid -- because perception is everything, you see, perception is very important. And
in order to be transparent, I am requesting that if there is no -- I mean, every time that
there is a public information request, to be sent as fast as possible. And also, if —
everything has been sent, I will request that the Administration will make a public
statement and say, "There is no more, " or "There is none, " or whatever. But do it as
fast and expeditiously as you can. Because in order to avoid misperception, if it is an
investigation going on, you will -- I'm requesting that they be informed that we are not
providing further information because an investigation is it. But our people need to
know, you see. Our people need to know because we cannot live in the City of Miami
with a dark cloud over our head and a lot ofpeople making conjectures of what is
going on and accusing us of wrongdoing, you see. I have to say that. I have to take it
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off of my chest because I think that it has to -- I mean, the reputation of the City of
Miami cannot be tarnished, cannot be tarnished. And any actions that we take and if
there is not a proper investigation, be it a police officer, be it an elected official, be it
an inspector -- and if there is not a proper investigation and a proper explanation,
our reputation is tarnished, sir. And we cannot allow that.
Vice Chair Russell: Thank you, Commissioner Reyes. Do we have a motion and a
second vet on PI4? Looks like we do.
Commissioner Watson: Yes.
Todd B. Hannon (City Clerk): Moved by Commissioner Reyes (UNINTELLIGIBLE) --
Vice Chair Russel: Is there any fiirther discussions on PI4? Seeing none, all in favor,
say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes.
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RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ALLOCATE FROM THE TRANCHE 2 AFFORDABLE
HOUSING CATEGORY, IN ACCORDANCE WITH (A) THE
NOVEMBER 7, 2017 VOTER REFERENDUM FOR THE CITY OF
MIAMI ("CITY") MIAMI FOREVER LIMITED AD VALOREM BONDS
("VOTER REFERENDUM"), (B) THE FINAL BOND VALIDATION
ORDER DATED DECEMBER 16, 2019 ("BONDS VALIDATION
ORDER"), (C) THE MIAMI CITY COMMISSION'S UPDATED SEVEN
(7) AFFORDABLE HOUSING BONDS PROJECTS STRATEGIES
AND THE TRANCHE 2 AFFORDABLE HOUSING BONDS INTENT
TO REIMBURSE RESOLUTION R-21-0046, ADOPTED JANUARY
28, 2021, ALL AS ATTACHED AND INCORPORATED AS
COMPOSITE EXHIBIT "A", FUNDING ON A REIMBURSEMENT
BASIS IN AN AMOUNT NOT TO EXCEED TWO MILLION TWO
HUNDRED SIXTY SIX THOUSAND FIFTY SEVEN AND 50/100
DOLLARS ($2,266,057.50) FROM THE PROPOSED TRANCHE 2
MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD
VALOREM BONDS FOR THE AFFORDABLE HOUSING
COMPONENTS OF SINGLE FAMILY HOUSING PROJECT(S) FOR
LOW AND/OR MODERATE INCOME PERSONS/FAMILIES TO BE
LOCATED WITHIN THE CITY'S DISTRICT 3 AT 1251 SW 7 ST
(FOLIO 01-4102-011-0370), 1261 SW 7 ST (FOLIO 01-4102-011-
0361), 1269 SW 7 ST (FOLIO 01-4102-011-0360) AND 643 SW 13
AVE (01-4102-011-0340) IN MIAMI, FLORIDA AND AS LEGALLY
DESCRIBED IN THE ATTACHED EXHIBIT "B" (COLLECTIVELY,
"DISTRICT 3 SINGLE-FAMILY PROJECTS") TO BE DEVELOPED
BY THE CITY AS THE DEVELOPER; SUCH ALLOCATION TO BE
IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF
FLORIDA, LOCAL, AND CITY LAWS, RULES, AND REGULATIONS
FOR AFFORDABLE HOUSING PROJECTS, INCLUDING BUT NOT
LIMITED TO THE CITY'S AFFORDABLE HOUSING BONDS
PROJECTS STRATEGIES, THE TRANCHE 2 AFFORDABLE
HOUSING INTENT TO REIMBURSE RESOLUTION, THE VOTER
REFERENDUM, THE BONDS VALIDATION ORDER, THE
TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED
AD VALOREM BONDS, THE CHARTER OF THE CITY OF MIAMI,
AS AMENDED ("CHARTER"), AND CODE OF THE CITY OF MIAMI,
AS AMENDED ("CITY CODE"); DESIGNATING AN EMERGENCY
NATURE; PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-21-0156
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For additional minutes referencing Item Number NA.5, please
see "Order of the Day."
Vice Chair Russell: PI.5 is the Manager's item to convert a park -- a land -- I'm sorry,
the financial allocation of land purchased for park space to affordable housing; am I
correct?
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Arthur Noriega (City Manager): Yes, sir.
Vice Chair Russell: Thank you. Is there a motion on P1.5?
Commissioner Diaz de la Portilla: So, moved.
Vice Chair Russell: Moved by Commissioner Diaz de la Portilla.
Commissioner Reyes: Second.
Vice Chair Russell: Seconded by Commissioner Reyes. Is there any further discussion
on the dais? Hearing none, all in favor say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes on P15.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO CONDUCT A STAFF ANALYSIS OF
AFFORDABILITY ON ALL FUTURE ZONING APPLICATIONS AND
TO PROVIDE THE AFFORDABILITY ANALYSIS FINDINGS AS
PART OF THE STAFF ANALYSIS PROVIDED TO THE CITY
COMMISSION ON EVERY ZONING APPLICATION; FURTHER
AUTHORIZING THE CITY MANAGER TO USE PREVIOUSLY
ALLOCATED FUNDS TO PROCURE SOFTWARE TO ASSIST
STAFF IN CONDUCTING THE ANALYSIS.
ENACTMENT NUMBER: R-21-0157
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Vice Chair Russell: Commissioner Reyes, would you mind making a motion --
Commissioner Diaz de la Portilla: I'll make the motion.
Vice Chair Russell: -- to actually direct this as a requirement of the Commission --
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: I'll make the motion.
Vice Chair Russell: Thank you. So, we have a motion and a second --
Commissioner Reyes: Yes.
Vice Chair Russell: -- to that effect. So -- and you've got the budget available within
your department to purchase this software? Or do you need an allocation?
Cesar Garcia -Pons (Director, Planning): I'll have to go back and check.
Vice Chair Russell: Mr. Manager?
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Commissioner Reyes: That's going to be very helpful. That's going to be very --
Arthur Noriega (City Manager): Yeah. We'll make it happen.
Commissioner Reyes: -- helpful and will provide us with -- I mean, when -- every time
that we have this conversation and they have discussions, we don't have any point of
reference. We don't have any analysis. And as I stated the other day, you know, about
planning, requires analvsis also. What's the impact? That's going to have a positive
and a negative impact that it's going to have in the community and also -- and in the
surrounding areas. And 1 have a -- well, the motion has been made and second, but 1
also have some information here on a rent. That area is on Carter Street and at 3123
Carter Street, and -- in one of those units that -- they are the -- what do you call it --
you call it, 1 mean --
Unidentified Speaker: Townhouse?
Commissioner Reyes: -- it's a -- studios. Those studios, they're going -- rent, the
lowest is $1, 700, one -bedroom.
Commissioner Watson: (UNINTELLIGIBLE).
Commissioner Reyes: One -- it's --1 mean, it's 754 to 762. 1,400. Two-bedroom,1, 650.
Three -bedroom, 2,850. Four -bedroom, 5,500. And this is going to be -- this is going
to be a studio so it's going to be one -bedroom?
Mr. Lago: There's going to be studio component of it, too.
Commissioner Reyes: Most -- all of them are going to be studios?
Mr. Logo: No. No. One bedrooms as well. But so, you're talking about, you know, the
example you gave. The lowest was a 1,700 in Carter Street.
Commissioner Reyes: Yes. But the -- okay. But I --
Mr. Logo: So, this is way below.
Commissioner Reyes: -- I want to know -- I want to know what are you going to
build? What are your plans? You're going to build all studios?
Mr. Logo: Well, it all depends -- no. No. There's going to be studios and there's going
to be one -bedrooms and there's going to be two -bedrooms.
Commissioner Reyes: Okay. Okay. Okay. You're going to have a mixture?
Mr. Lago: Yeah. We're going to have a mix, correct.
Commissioner Reyes: Because one thing that concerns me a lot, and I'm very
concerned, is that we are going -- in the City of Miami, we're going into little units,
micro units, studios, and all of that, and we have a bunch of apartment buildings that
they are -- I mean, they are -- either micro -units, studios, or one -bedroom, as if those
people that rent there, they are not going to -- and we don't have -- we're not building
enough two -bedrooms and three -bedrooms apartment. And what we're doing is we
are assuming that a person that moves in one of that studio because a person is single
and is young, that will never get married. And everybody's going to be single and
happy and partying and all of that. How about, I mean, in the future? We have to
think about the future, too, okay? We have to provide our population what our
population needs.
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Mr. Lago: Correct.
Commissioner Reyes: You see? And that's why I am a little reticent of voting for more
micro -units, more --
Mr. Lago: We have no micro -units in our --
Commissioner Reyes: And that is -- that is something that -- it sounds good. But it's
going to affect in the future.
Commissioner Carollo: If I could speak.
Commissioner Reyes: Okay.
Vice Chair Russell: Commissioner Carollo, you're recognized.
Commissioner Carollo: I think the intention is a well-grounded intention. But where I
think we need to zero in are the big developments. Big developments is where we have
given away the farm --
Commissioner Reyes: Yeah.
Commissioner Carollo: -- and gotten very little in return. Sometimes nothing. I think,
and I'm concerned, that if we put this across the board, we're going to be hurting, if
not killing, a lot of small developments and a lot of the small developers. So, 1 would
suggest that we put a cap that this would be what we're asking for on projects that
have over 20, 24 units and above. Below that, I think we would not be serving a lot of
the needs that we have in small developments. I mean, you could pick a number. But --
and I'll be very feasible to go with whatever numbers this Commission wants to go
with. But I think we've got to put a cap at small developments where we might just kill
those developments by putting so many requirements because they don't have the
money. I mean, when you get small developers out there, they have very limited
money. They don't have the staying power that these big developers have.
Vice Chair Russell: Very true.
Commissioner Carollo: And we might kill small projects that at the end are going to
be the ones that get a lot of our neighborhoods moving.
Vice Chair Russell: Thank you. So just to clam the --
Commissioner Reyes: Let me -- let me --
Vice Chair Russell: -- the legislation I've introduced that -- that got a motion and
second doesn't actually establish how much they have to give.
Commissioner Reyes: No.
Vice Chair Russell: That will always be a voluntary proffer --
Commissioner Reyes: That's what 1 was going to say.
Mr. Lago: Right.
Vice Chair Russell: -- through a covenant.
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Commissioner Reyes: It is very broad.
Vice Chair Russell: But this is just an analysis --
Commissioner Reyes: It's an analysis.
Vice Chair Russell: -- and I think neighborhood by neighborhood, you know, in some
areas we won't be doing anything but garden style apartments.
Commissioner Reyes: Absolutely.
Vice Chair Russell: And we still need affordability.
Commissioner Reyes: Absolutely.
Vice Chair Russell: As long as this City is granting value to that landowner or
developer --
Commissioner Reyes: That's the question.
Vice Chair Russell: -- I think that the neighborhood should be at the table.
Commissioner Reyes: Good. Good for you, Mr. Chair.
Vice Chair Russell: I'm learning.
Commissioner Watson: And I think that the -- look, there's some questions you're
asking this gentleman that he can't answer. He's not the builder.
Commissioner Reyes: No. He can't answer.
Commissioner Watson: He can't answer. And the issue about the categories. First of
all, we've got to help also people who are working, and so workforce is real since it's
a designated category. But also, 1,200, who is that affordable for? Right? Because the
realization is you have three projects that's a block away. The fact that we need to
spend 20 grand to find out what that number is, is kind of crazy. But that's a whole
another issue. You have three projects (UNINTELLIGIBLE) close away, and I can
assure you that $1,200 a block away is a utility closet. And so, he's right. I mean, you
know, who is it affordable for? The studios, I mean, that's dorm rooms. That's ten
blocks away to University of Miami. So, the question of 140 percent or 100 percent,
we keep using Dade County AMI which is higher. We're not that high. So, we have to
make a policy decision about what we're going to do in order to help the people
who've been here versus the tax runners who are coming here for whatever reason,
okay? Whatever reason. To ensure that we're not blowing away our neighborhoods,
and not giving people a true opportunity, who've being here toiling, who want to be
homeowners' if that's their desire. Or just live in decent housing, if that's their desire.
Vice Chair Russell: Thank you, Commissioners. This -- I am in support of this
application. I think when you do come back for T5, we will have a much deeper
discussion. And, Mr. Garcia -Pons, what we're asking for here is not only this analysis
of per square foot, but in the proffer that's given in a covenant, just simply say the
word units. They're giving X number of units at a certain AMI, leaves a lot to the
imagination. And what we don't want, what you're hearing up here, is that we don't
want inclusionary zoning to end up being a segregated effect within a building to
where you have market rate units that look very different from the inclusionary units.
Commissioner Reyes: Absolutely.
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Vice Chair Russell: And so, the idea is not that they are too cheap out on the units
that they are offering --
Commissioner Reyes: Nope.
Vice Chair Russell: -- at a lower rate, but that they are to use the incentives that have
been given to them. The additional value that's being granted through this up -zoning
allows a certain value that they can invest a little further in those units and allow for
the lower AMI rent. So, 1 think we'll need that analysis in the future as well.
[Later...
Vice Chair Russell: Now, if1 could restate, and I'm happy to sponsor this concept as a
pocket item, we'll just call it PI.6. And it's got a motion by Commissioner Reyes,
seconded by Commissioner Diaz de la Portilla. And I think you're clear, Mr. Garcia -
Pons, on --
Cesar Garcia -Pons (Director, Planning): Yes, sir.
Vice Chair Russell: -- exactly what we're looking for, an analysis on all future zoning
applications to be written in the backup --
Mr. Garcia -Pons: Yes, sir.
Vice Chair Russell: -- so that the Commissioners have the tools they need. Thank you.
Any further disc -- opening for public comment on this item. Is there anyone who'd
like to speak on this concept of future analysis? Seeing none, I'll close public
comment. Any further discussion on the dais? All in favor of the item, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes on PL 6. We'll call that affordability
analysis.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AND DIRECTING THE CITY ATTORNEY'S OFFICE
TO DISMISS WITH PREJUDICE THE CASE STYLED THE CITY OF
MIAMI V. ERNESTO CUESTA, ET AL., PENDING IN THE THIRD
DISTRICT COURT OF APPEALS, CASE NO. 3D21-532.
ENACTMENT NUMBER: R-21-0158
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 NA.7 was deferred to the April 22, 2021, Citj
Commission Meeting.
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RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AND DIRECTING THE CITY ATTORNEY'S OFFICE
TO DISMISS WITH PREJUDICE THE CASE STYLED THE CITY OF
MIAMI V. ERNESTO CUESTA, ET AL., PENDING IN THE THIRD
DISTRICT COURT OF APPEALS, CASE NO. 3D21-532.
ENACTMENT NUMBER: R-21-0158
MOTION TO: Reconsider
RESULT: RECONSIDERED
MOVER: Jeffrey Watson, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AND DIRECTING THE CITY ATTORNEY'S OFFICE
TO DISMISS WITH PREJUDICE THE CASE STYLED THE CITY OF
MIAMI V. ERNESTO CUESTA, ET AL., PENDING IN THE THIRD
DISTRICT COURT OF APPEALS, CASE NO. 3D21-532.
ENACTMENT NUMBER: R-21-0158
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Jeffrey Watson, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Watson
NAYS: Reyes
Commissioner Reyes: (INAUDIBLE).
Vice Chair Russell: Yes, this -- I'm going to -- the Mayor 's Office just passed out a
pocket item, which I will call PL 7. This is a request I believe, to withdraw our appeal
in Miami versus Ernesto Cuesta et cetera.
Commissioner Reyes: I move it.
Vice Chair Russell: That's been moved by Commissioner Reyes.
Commissioner Watson: Second.
Vice Chair Russell: Seconded by Commissioner Watson. Rocky, did you have
anything to say on this item?
Raquel Rodriguez: I became aware of it this morning, but obviously, I -- I invite and
request the direction of the Commission on whether or not we should proceed with the
appeal in the Cuesta case. Just as a reminder, that was the outgrowth of the original
settlement with -- between the City and West Flagler, that is now in the process of
being completely involved --
Commissioner Reyes: I -- I --
Ms. Rodriguez: -- and if the ruling of the trial judge and that challenge was that the
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mayor had the power to veto that settlement, because the judge considered it to be a
land use decision, within the definition of the vetoable items under the City Charter.
We took an appeal with the blessing of the Commission in order to give the City the
opportunity to continue to negotiate with all the parties, and reach a resolution of the
Cuesta case, which even though we don't have a formal settlement with them, by
virtue of their accepting the new settlement agreement with West Flagler, we
essentially have been. The only reason to pursue the appeal is to achieve some type of
hoped for certainty from the Court of Appeal as to whether or not these types of
situations do justify or allow for a mayor's veto. I can't tell you that -- even though I
disagree with how the judge reached his conclusion, 1 can't tell you that -- this -- that
there's more than a 50 percent chance that the Court of Appeal will disagree, and
also having, you know, become very aware of the various rulings of the Court of
Appeal and the lower courts yesterday with regard to how they interpret the Charter
and the mayor's veto, I'm not at all convinced anymore that we're going to get any
more certainty from the Court of Appeal, than what we have now with regard to this
ruling that is not binding, but that will certainly come into play. I think it really less
a legal decision by the Commission and more of a political decision between the
Commission -- among the Commission on how they wish to manage the relative
authority of the Commission to direct counsel and settlements and the authority of the
mayor to veto. So, that -- I don't I don't have a strong position either way, but I
definitely welcome the guidance.
Commissioner Reyes: Mr. Chair?
Vice Chair Russell: Thank you. Commissioner Reyes you 're recognized.
Commissioner Reyes: Mr. Chair, I would retire my -- my motion, okay. Because as I --
now that I -- I understand that this has -- I mean this -- this goes beyond this -- this
case right now, the decision of this case. This will settle once and for all what are the
powers of the -- this mayor or the next mayor or anybody, you see, what they can veto
and what they cannot veto, I'm right Rocky?
Ms. Rodriguez: Yes. But as I -- as I mentioned --
Commissioner Reyes: And I think that has to be --
Ms. Rodriguez: -- I'm not a 100 percent sure it will be all that clear, but we can, -- we
certainly should strive to get clear direction and right now we don't have it.
Vice Chair Russell: Motion is withdrawn?
Commissioner Reyes: My motion is withdrawn.
Vice Chair Russell: Were you the mover?
Commissioner Reyes: I'm withdrawing my motion.
Vice Chair Russell: You're the mover, you're withdrawing the motion.
Commissioner Reyes: I'm withdrawing the motion because I think that we should go
ahead, and I mean, nothing against the mayor or anybody else, but I think that we
should go and we should clam the water because there is -- I mean, different
interpretations here.
Vice Chair Russell: Yes.
Commissioner Reyes: Of what it is vetoable what it is not?
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Vice Chair Russell: Yes.
Commissioner Reyes: And we have -- the City Attorney has an interpretation; the
mayor has another interpretation. The court ruled and I think that we should go to the
higher Court and get a final decision on it. So, once and for all we decide this not for
all -- not only for the actual, -- I mean, mayor, but for future mayors and -- jbr future
City commissioners also.
Commissioner Carollo: (INAUDIBLE).
Vice Chair Russell: Just -- just a moment, please? The motion has been withdrawn
then. Is --
Commissioner Diaz de la Portilla: I -- I --
Vice Chair Russell: Commissioner Diaz de la Portilla.
Commissioner Diaz de la Portilla: I would make the motion then.
Vice Chair Russell: Okay. There's a motion for PI 7, it'll be seconded by the Chair.
Commissioner Carollo, you're recognized.
Commissioner Carollo: Well, the motion hasn't been seconded, so.
Vice Chair Russell: I seconded it.
Commissioner Carollo: Okay, so it's been seconded, so I'll speak now. How much
time do you have where you could appeal this for?
Ms. Rodriguez: The -- the appeal was already filed; we are on our last extension of
time to file a brief which is due on May 12th.
Commissioner Carollo: Okay, May 12. I haven't had the time to speak to the mayor on
this, plus I'd like to speak to you also on it. This is not the best forum to get
information from either you or the mayor. So, I would rather deal with this at the next
meeting on April 22nd, since you don't have to do -- hand your briefs in until May
loth, you said, or May something?
Ms. Rodriguez: Yes. I believe it's -- it's May 12th, I'll reconfirm it. We certainly don't
want to have to write a brief in ten days, but, you know, obviously, we want the -- we
want the commission to make the best decision that it can, under the circumstances.
So, of course,, we will abide by whatever schedule. It's — it's May 6th is our deadline.
Vice Chair Russell: So that's a subsidiary motion then to defer to April 22, correct?
Commissioner Carollo: Correct.
Ms. Rodriguez: Yeah. So, we still have would still have to --
Vice Chair Russell: Mr. Clerk is not happy.
Commissioner Carollo: The substantive motion or --
Todd B. Hannon (City Clerk): This is a pocket item.
Vice Chair Russell: Yes.
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Mr. Hannon: The manager can just he instructed by the mayor to place this resolution
on the April 22nd agenda. So, there's -- there's no need for any motion or any further
action.
Commissioner Carollo: Okay.
Vice Chair Russell: But there -- there is a live motion in the second and I would like
to move forward with it if we can, but I'd like to respect Commissioner Carollo's
request for a deferral, so I'm trying to find the procedural way to get there.
Mr. Hannon: Well, the procedural way would be number one you need a vote on the
item.
Vice Chair Russell: Yes.
Mr. Hannon: Or number two, for you to simply just withdraw your motion --
Vice Chair Russell: Thank you.
Mr. Hannon: -- and the manager could be instructed by the mayor to place this on the
April 22nd.
Vice Chair Russell: Let me -- let me make my case on this. From a procedural
perspective as the acting chair in the moment. So, when the mayor vetoes an item, it is
this body's ability to override that veto or not. If we stay silent, that veto stands. If we
believe the veto is incorrect, we must override the veto. It is our job to interpret that
veto with our City Attornev's advice, but it is our job. We can all read the Charter, we
can all read the Code, we can make our choice, and that's what we did on that day. By
staying silent, the mayor's veto stands because otherwise we're simply relying on an
interpretation, but nobody's saying anything, and then it goes to court. We need to be
decisive on any veto that comes before us. Either we disagree with it, and we override
it, or we think it's an invalid veto, we should still override it. But if we agree with the
mayor, then we say nothing and the veto stands.
Commissioner Reyes: If I may --
Vice Chair Russell: Yes.
Commissioner Reyes: -- ifI may --
Vice Chair Russell: I'm sorry. I just -- I just wasn't finished, I apologize. So, In my
personal position now -- .
Commissioner Reyes: Listen --
Vice Chair Russell: Just, just a minute. Let me finish because I wasn't finished, and I'll
recognize you.
Commissioner Reyes: It is -- it is -- we all think different here, I mean --
Vice Chair Russell: Yes.
Commissioner Reyes: -- and that's -- that's a beauty of this. What -- as I recall, you
see, we didn't get the four votes to override it. And at -- but the question was not if we
can override it or not, it is that there are certain, certain issues and certain decisions
that according to -- and that's what I want, a real interpretation of this, according to
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our Charter, that it is vetoable or not.
Vice Chair Russell: Yes.
Commissioner Reyes: Because what I want to know once and for all, what is vetoable
and what is not. Because if not, we're going to get here -- I mean, I'm not referring to
the actual mayor, but we can get a mayor that every time that we've passed something
that he or she do not agree on it, will start vetoing and would -- could make a habit of
vetoing everything that is not in -- I mean, that they don't agree with.
Vice Chair Russell: Yes.
Commissioner Reyes: So, what I want to do is -- and what I'm trying to -- and I think
that what's Rocky want to do, is to once and for all decide what it is, according to our
statutes, if those -- I mean, the interpretation of the City Attorney of that statute, it is
right or wrong. Because now we don't know what is vetoable and what is not vetoable.
Vice Chair Russell: Right.
Commissioner Reyes: And if we accept this, well everything is vetoable. You know
what I mean?
Vice Chair Russell: Not exactly true because it is very clear in the Charter what is
vetoable but is open to interpretation. What you are seeking is very -- it's very valid.
You are seeking interpretation from a higher court on what -- to interpret our Charter
for us.
Commissioner Reyes: That -- I mean, because there is questions about our Charter.
Vice Chair Russell: Thank you. May I continue?
Commissioner Reyes: Yes.
Vice Chair Russell: So, this particular case is very specific to one particular item that
the mayor, may or may not -- type of item, that the mayor, may or may not be able to
veto. My suggestion, if we really want a higher court to interpret our Charter for us,
is that we bring it back as a declaratory action requesting someone to look at that
entire clause on what items can or cannot be vetoed. This is an appeal on a very
specific case, which will only yield us a decision about that one nuanced portion of
the veto power. And so, I respect the idea that we may seek further guidance on that
and I'm okay with that. I'm just saying, as a procedural method in the future, when a
veto is issued by the mayor, that we take action one way or the other consciously.
Because on that day, my silence was actually to agree with the mayor. Your silence
may have been actually to agree with the City Attorney that it was an improper veto.
We're not being clear, and we could and should be clear on that motion.
Commissioner Reyes: Outside is -- outside is --
Commissioner Diaz de la Portilla: I want to call the question and maker of the
motion.
Vice Chair Russell: Okay. So, there's a motion and a second.
Commissioner Reyes: After I --
Commissioner Diaz de la Portilla: I'm calling the question.
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Commissioner Reyes: -- after I finish --
Vice Chair Russell: Okay. The question -- Mr. Clerk, your --
Commissioner Reyes: A point of clarification.
Vice Chair Russell: -- just a moment. Let me recognize the clerk for a moment. Let's
pause on conversation. Mr. Clerk.
Mr. Hannon: I understand where we do like to use the procedure known as calling the
question at various times throughout the discussion, but you need to allow the
discussion to at least play itself out. And then once everyone has had an opportunity
to speak, then it would be appropriate to make a motion or even just the statement of
calling the question. But 1 believe that there is still some discussion.
Commissioner Diaz de la Portilla: But a clarification, then. But --
Vice Chair Russell: You're recognized
Commissioner Diaz de la Portilla: -- speak once, not six times, right. So, we've had a
lot of debate back -and -forth. The question becomes that, what are you appropriate to
-- when is it appropriate to call the question?
Mr. Hannon: The most prudent method --
Commissioner Diaz de la Portilla: It's been used about four times a day. So, I'm
curious to know what your interpretation is of that.
Mr. Hannon: The most prudent method would be to limit the time left.
Commissioner Diaz de la Portilla: Of course.
Mr. Hannon: So, what the Chair could do --
Commissioner Diaz de la Portilla: Of course.
Mr. Hannon: -- instead ofjust cutting off debate when someone is in the middle of
you know, discussing their position --
Commissioner Diaz de la Portilla: Correct.
Mr. Hannon: -- what the Chair could do is simply say, I'm going to allot each
Commissioner two minutes, three minutes.
Commissioner Diaz de la Portilla: Correct.
Mr. Hannon: So, we conclude the discussion and then vote on the item.
Commissioner Diaz de la Portilla: Correct.
Mr. Hannon: I just wanted to clam.
Commissioner Diaz de la Portilla: That's correct.
Commissioner Reyes: Point of clarification also. Can you call a question while the
other Commissioner's speaking?
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Vice Chair Russell: They can call it, but 1 don't have to recognize it.
Commissioner Reyes: Oh, well, 1 mean -- but 1 think that you shouldn't call a question
when somebody's speaking. When your trend is -- when you --
Vice Chair Russell: It's just -- for me, it's just a matter of decorum.
Commissioner Reyes: But I don't want to go -- I don't want to get into that.
Vice Chair Russell: Yeah.
Commissioner Reyes: The -- 1'mjust going to clarify that our silence during that -- the
- -1 mean, that nobody says anything about the veto because according to our attorney
- - and it was moot because it was not the authority of the mayor to veto that. And
since it was moot, nobody said anything about it.
Vice Chair Russell: Well, that was your reason for silence. My reason was actually to
agree with the mayor on his veto.
Commissioner Reyes: Okay. Okay. Okay. I know you agree with him.
Vice Chair Russell: So, and back to the calling of the question. 1 don't mean to
disrespect your calling of the question, but there may be a moment where one
Commissioner is just waiting for the debate to die down for them to actually weigh in
their point, and 1 don't want to disallow that. But when we do start repeating
ourselves, that's the time when we do get antsy and want to call a question. I want to
respect that as well. So, I will do my best to give everyone a fair shot to be heard. But
when we do get repetitive and someone calls the question, that's when it'll be the real
calling of the question. Commissioner Watson.
Commissioner Watson: So, just for my information, PZ.4, where are we? A motion --
Vice Chair Russell: PZ.4 has passed.
Commissioner Watson: Okay. A motion by Commissioner Reyes and then a
withdrawal, where are we?
Vice Chair Russell: No. No. No. So, PZ.4 passed completely.
Commissioner Watson: Okay.
Vice Chair Russell: This is on PI7, the Mayor's Pocket Item requesting a withdrawal
of the appeal, where a judge may weigh in on whether or not the mayor can veto on
this type of item.
Commissioner Watson: But then my question is, Commissioner Reyes then at that time
made a motion and then he withdrew it.
Vice Chair Russell: He withdrew it.
Commissioner Watson: Okay.
Vice Chair Russell: Then Commissioner Diaz de la Portilla reinstated the motion, and
it was seconded by the Chair.
Commissioner Watson: Okay. So, it's back on board?
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Vice Chair Russell: So, it is on board, P1.7.
Commissioner Carollo: And 1 was asking for a deferment so I could speak to the
mayor.
Commissioner Watson: Okay.
Commissioner Carollo: And that I can speak to Rocky.
Commissioner Watson: Okay.
Commissioner Carollo: I'm not necessarily against this. I might very, well vote for it,
but this just came up. 1 need to get more information to see how wide it is.
Commissioner Watson: Ms. Rocky is kind of confusing --
Vice Chair Russell: So, to clarU' --
Commissioner Watson: -- I might need some help.
Vice Chair Russell: -- the score, you've got two people who are not ready to vote on
this direction to withdraw the appeal, two that are, and you are the swing vote in the
moment.
Commissioner Watson: Three.
Vice Chair Russell: So, you would like to vote now?
Commissioner Watson: No.
Vice Chair Russell: No?
Commissioner Watson: Right.
Vice Chair Russell: You would like to vote now?
Commissioner Watson: I would not like to vote now.
Vice Chair Russell: Got it. So, you will be siding with Commissioner Carollo on
deferral of the item to April 22nd?
Commissioner Watson: Yes.
Vice Chair Russell. • Does the mover withdraw his motion?
Commissioner Diaz de la Portilla: I withdraw the motion.
Vice Chair Russell: Motion withdrawn. Motion to defer to April 22nd.
Commissioner Carollo: Motion to defer.
Commissioner Reyes: I second it.
Commissioner Carollo: The second and further discussion or statement. This in no
way means that I will vote against the request of the mayor. I'm trying to get wider
clarification because this goes way beyond this commission, this mayor. This goes
into many future commissions and mayors. And I'm trying to get clarification as to
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just how wide would this decision mean. Now, I did hear something from her that, you
know, we all heard that I'll discuss with her then and then the mayor also. But all that
I'm asking is and she established that no one is going to be put in peril if we bring this
back on the 22nd. Because we have until, I think, the first week of May before we have
to do the final brief So, anyway.
Commissioner Watson: But -- and also the bigger question, which is, I guess, what I
was trying to understand is, I don't want anybody's one issue to hinge on something
that's a bigger and broader issue. In the broader issues, what Commissioner Reyes is
saying, what's the extent of the veto issue? And that's something Mr. Chair, acting
chair, that you're now saying we have to ask that in a different way jor someone to
determine that, right?
Vice Chair Russell: 1 think if we actually ask for a broader --
Commissioner Watson: Okay.
Vice Chair Russell: -- declaratory action --
Commissioner Watson: Exactly.
Vice Chair Russell: -- the judge will get a fuller decision on the veto powers of the
mayor under our Charter.
Commissioner Watson: Versus now someone's particular issue and how's it affected
that.
Vice Chair Russell: Personally, I'm happy with us deciding that, but I see what you're
trying to establish, and I respect it.
Commissioner Watson: Yeah.
Vice Chair Russell: That's fine for the record.
Commissioner Watson: No, no, you're right. I mean, if he vetoes, it's kind of stipulated
as four -fifths is override or whatever. So -- but if someone needs to have it now done
from a legal perspective, so be it.
Vice Chair Russell: Right.
Commissioner Watson: All right.
Vice Chair Russell: So, there's a motion and a second to defer the item to April 22nd.
All in favor say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes. Thank you very much, Rocky.
Ms. Rodriguez: Thank you, sirs.
Vice Chair Russell: Have a great day.
Commissioner Carollo: You're on the payroll until the 22nd, at least, Rocky.
Ms. Rodriguez: We'll work hard in-between.
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Commissioner Carollo: Thank you.
Commissioner Reyes: Make sure you brief every single one of us on the consequences
of what really -- what we're trying to achieve.
Ms. Rodriguez: Yes, and I will also address Chairman Russell's idea of the
declaratory judgment because that's a very unique remedy, and I think we need to
understand whether or not it is viable in the absence of a concrete dispute like the one
that's presently before the Commission.
Commissioner Carollo: That's a valid idea he brought up we might need to consider.
Commissioner Reyes: 1 agree with that, Commissioner Carollo.
Eddy Leal (Counsel to the Mayor): Vice Chair Russell?
Commissioner Reyes: Russell's suggestion, an idea that's not bad, I mean --
Mr. Leal: Vice Chair Russell?
Vice Chair Russell: Who is -- oh yes. Mr. Leal.
Mr. Leal: I want to mention something that we have not necessarily addressed.
Vice Chair Russell: Could you introduce yourself, just --
Mr. Leal: Yes, of course. My name is Eddy Leal. I am a staff member at Mayor
Suarez, and he's asked me to present on this item and I just -- I've been overhearing
and hearing the conversation. And one of the items that because of this commission
approved the settlement PZ.4. Having a decision -- a potential decision at the
appellate level which is what's currently pending and what we're seeking a dismissal,
will render potentially the appeal moot. Because there's a settlement already in place
that Commission has approved. So, if you are planning on deferring this, and I
understand that there's been a vote that has been taken on that issue. You might want
to reconsider the approval of PZ.4 because you -- the case in controversy has been
resolved by action of this Commission regarding the second reading of the uncodJiied
ordinance. In order for you to have an actual case in controversy, you might want to
reconsider that. Now, the case has been resolved. I know that the will of the
Commission on that item, so that's why we feel comfortable that down the line, as it's
been suggested, it could be a declaratory judgment to address the power of the mayor
to exercise his veto. But as it stands here today, because you've approved PZ.4, and
you've deferred this item, you're now letting the case where there is no case in
controversy and the court would likely dismiss. Commissioner, ifI might have some
time with you today, and we can maybe bring this item in the afternoon. I'll make
myself available at any point and I know the mayor and I spoke with your chief of
staff Commissioner Carollo, that we will be happy to share this in as much detail as
you would like. So, I'm available. We can maybe address it in the afternoon?
Commissioner Carollo: I'm hoping that we finish without having to come back.
Vice Chair Russell: We're planning to work through. We're not planning to come back
after lunch.
Commissioner Carollo: But look --
Mr. Leal: Understood.
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Commissioner Carollo: --1 think you heard the statements that made. I don't see the
urgency if we bring it back on the 22nd.
Commissioner Reyes: That's right.
Commissioner Carollo: And I really stand there. I don't know if the City Attorney
wants to weigh in on anything there -- that's --
Victoria Mendez (City Attorney): At the end of the day, this is your decision. But I
disagree, unfortunately, with Mr. Leal because even though the discrete case in
controversy of this case is resolved, this is capable of repetition. And Judge
Hanzman's order was very expansive. Basically, he's saying that any settlements that
you're -- that you pass can be vetoed if it has a little nexus to anything having to do
with real estate. He didn't limit it to zoning. He didn't limit it to land use. So, it's a
quite expansive order. But at the end of the day, this is your decision, but it does have
ramifications. It's capable of being repeated, and that's why, it could still be appealed.
I will tell you that the court can decide and agree with Mr. Leal that oh, you know,
you resolve this case. Let's see if it comes back, but I think it's still worth a try.
Vice Chair Russell: But the question is, if the judge on the appeal reverses the appeal,
does that render our settlement invalid?
Ms. Mendez: No, no, we would only be dealing with a discrete issue of --
Vice Chair Russell: Got it. So, the settlement would hold, the ordinance would hold.
We wouldn't lose anything.
Ms. Mendez: Right. It would just be the veto.
Vice Chair Russell: Got it. Mr. Leal, you have time between now and April 22nd --
Commissioner Reyes: Absolutely.
Vice Chair Russell: -- to work with each commissioner. And then when this comes
back, it's still -- there's still time before it goes back to the judge. So, I think you have
sufficient ability, but we have already voted on the deferral.
Commissioner Reyes: And if I may add, it will give us time -- more time ourselves to
get more informed and to meet and get a brief by Rocky and by our City Attorney, and
any questions that we have --
Vice Chair Russell: Yeah.
Commissioner Reyes: -- then we can get the answers.
Vice Chair Russell: Yeah. But from a procedural perspective, if there is a veto in the
future, I will be asking this commission if I'm chairing in the moment to actually
weigh in and by silence, I will be stating that we -- the veto is not overridden, which
would mean the veto stands. So, if we believe that it is an inappropriate veto, not
because of substance, but because of the legality of the veto. In that case, we should
override it, in my opinion.
Commissioner Reyes: Well, that's a very good point and a point well taken.
Commissioner Carollo: Well, look, the bottom line is, neither this mayor nor any past
mayor that I can remember have placed this many vetoes. So, I don't think we have to
worry about any veto coming up anytime soon. So, we'll be happy to meet with you,
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Mr. Leal, after today is over.
Mr. Leal: Thank you. We look forward to that.
Vice Chair Russell: Thank you very much.
[Later...]
Commissioner Watson: Mr. Chairman.
Vice Chair Russell: Yes, you're recognized.
Commissioner Watson: Let me go back to something. I guess --
Vice Chair Russell: Yes.
Commissioner Watson: -- because Ms. Rocky confuses me thoroughly, some instances
and sometimes short explanations does not belie the complexity of the information we
get. I want to move on a motion to reconsider on the Mayor's Pocket item, P.6 [sic].
And the reason I want to do that is two fold. One, we've already voted to move on
from this, one; and two, it's our understanding that we wanted to do that and now we
bring it back by appealing something that does not do that. So, 1 ask just now for my
own, I guess, I'll lean on Commissioner Reyes if, you know, we don't want to limit
debate, but we do sometimes. And sometimes the more questions you ask to get a
better understanding. It was taken out of order, probably should not have been, but it
was. So, I want to make sure that I make a motion to one, accept what we already
voted on, which we voted on two weeks ago, and two, dismiss the appeal that we're
going to do now and continue something that we already, dispensed with.
Vice Chair Russell: So, ifI can clarify, that as a motion to reconsider the deferral of
PI 7?
Commissioner Carollo: Commissioner?
Commissioner Watson: Yes.
Commissioner Carollo: If I may ask, since we were following a procedure of items,
can we leave that towards the end? I mean, I have no problem with a re-
consideration.
Commissioner Watson: Yes.
Commissioner Carollo: But if we could leave it at the end --
Commissioner Watson: Yes.
Commissioner Carollo: -- so we could get by with a few other items.
Commissioner Watson: Yes.
Commissioner Carollo: Hopefully, we can leave here this morning, early afternoon
and not have to come back.
Commissioner Watson: That's fine.
Commissioner Carollo: Okay. Thank you.
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Vice Chair Russell: Motion withdrawn for the moment.
[Later...]
Vice Chair Russell: So, the last item on the agenda if Commissioner Watson would
like is a reconsideration of the mayor's request on a pocket item.
Commissioner Carollo: I second the consideration that he's made a motion for.
Vice Chair Russell: So, there's been a motion and a second to reconsider the deferral
of the item. All in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Carollo: Now, so we could be out of here --
Vice Chair Russell: Motion passes.
Commissioner Carollo: Now, so we could be out of here real quick. I will make a --
Commissioner Reyes: Yeah, but I want you to go to -- okay.
Commissioner Carollo: 1 will make a motion to approve the mayor's request. Let me
be clear why I'm making the motion since he brought it back up. Otherwise, we
wouldn't have. One, of you remember my saying the last time that we all heard clearly
what Rocky said, our attorney on this. And she expressed to us that some recent
rulings would make it harder to win, in her mind, this case now. Secondly, I believe
and that's the only area that I wanted to have gotten more information, but I believe
that this limits everything to land use. And then, you had a wonderful idea, Mr.
Chairman, that we should go to the courts so that we could get a clarification from
the courts. So, my motion is going to be two parts, that we approve the mayor's
requests as -- as stated and that we instruct -- I don't know if it will be Rocky again or
if the City Attorney would do it. I don't know if there's a conflict still in this, that you
draft the wording or she drafts it, whoever is going to do it, for us to be able to vote
upon it at the next commission meeting, on the wording, because we need to see it
before it's done, in going to the courts so that we could get a declaratory ruling on
what the powers of the mayor are, what the powers of the commission are as to that
respect of the veto.
Commissioner Reyes: Mr. Chair?
Commissioner Watson: Second.
Vice Chair Russell. • Just a moment. There's a motion and there's a second. You're
recognized.
Commissioner Reyes: Mr. Chair, yes, you see, I have nothing against -- against
reconsidering this. But I have a question -- I have a question. You see, I've been
around for a long time. I have seen Mr. Leal running back -and forth trying to
convince everybody to pass this without waiting 14 days. That sense of urgency, you
see, when I see a sense of urgency there is always an ulterior motive. And I want to
make sure there's not an ulterior motive in this, because I don't know, because 14
days that we were going to reconsider this, it's nothing. And I don't -- I and that's why
I am -- I am hesitant in voting for that -- for the -- the reconsideration and -- and for
the -- I mean, I could vote on -- in favor of this, of -- of the mayor's motion or
resolution or whatever, but, you see, I don't know. I've been around for too long, and
when somebody goes around and somebody wants -- I mean, shows like some sort of
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desperation, (UNINTELLIGIBLE) and 1'rn trying to, 1 mean, have that sense of
urgency, in my hook, 1 might be wrong or probably I'm 100 percent wrong. But it
raises a question, why cannot we wait 14 days? You see.
Eddy Leal (Counsel to the Mayor): Vice Chairman if I can be heard on this matter.
Commissioner Watson: Let me -- I brought this up so let me --
Vice Chair Russell: Are you done?
Commissioner Watson: -- so let me help my colleague.
Commissioner Reyes: That's -- that is my only -- my only concern. I would like to
clarify what potential actions could be taken if we pass this now. Because when --1
think what it shows, and I said a little while ago perception is everything. The
perception is we have to pass this because of something. You see and I don't know
because I'm not an attorney. I don't know what other -- in passing this what could
bring you see. I want to get myself educated in the consequences of passing this,
because the only thing that we want to do is wait 14 dctvs. We would reconsider and --
and everything will come on the table and that give us -- that will give me time, sit
down with the City Attorney, sit down -- ask Rocky what are the consequences of this.
Vice Chair Russell: Thankyou. You're clear, Commissioner Watson.
Commissioner Watson: I just want to say look, 1 may have caused this confusion, so I
want at least clarify for my colleague. Two things, one that's already been said. One,
we've already voted on this to move forward in part because you said it's time for it to
move forward, that's one. Two, the additional information is sometimes -- talking a
little bit extra helps, additional information is the personality not withstanding the
veto, right, not withstanding. Commissioner Russell came up with a good idea. If
we're trying to determine, as you would like to know, about the mayor's or anybody
else going forward's veto power, there's a vehicle for that. I don't believe at this point
that now having a contingent lawsuit is going to do that.
Commissioner Reyes: Okay.
Commissioner Watson: So -- so that's the only reason, Pm not an attorney either. But
listening, that's the only reason that I say let's move, let's dismiss this and then have
that other process as the Commissioner said in order to make that determination
about the position or what happens. No sense of urgency, just that.
Commissioner Reyes: No, it's a sense of urgency because it's been running around
back -and -forth, butt just want to -- I just want to make clear and somebody to put -- I
mean to clarify that this has nothing -- no effect on the vote that we took today.
Neither is going to be presented and no it's not going to be presented and no by
anybody else. If somebody else try to make -- I mean try to bring it back, then we
would have to vote against it because I don't like to be used. And let me tell you this
because, I've been with -- conspiring since I was 14 years old. I mean and I've seen a
lot of -- of every time there's a sense of urgency. I mean, it gives inc the -- you know
the hairs in the back of my neck start standing up you see. That is -- that is something
that 1 want to clarify. Okay.
Mr. Leal: Vice Chairman.
Vice Chair Russell: Thankyou. Mr. Leal, do you need to be recognized?
Mr. Leal: Briefly, I wanted to address Commissioner Carollo's comment. And, this is
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a good time, 1 think 1 remember that everybody was there at the State of the Union.
Where we all came together, we all addressed the benefit of the city and the desire to
work together. I think it is our obligation to our residents, I live at the city, to work
together. So, Commissioner, I understand that there's always the benefit of a finality
or a decision from a declaratory judgment. But -- and you clearly have moved for
that, but I would respectfully request that given that new page that we've -- we've
passed and the improvements and relationships that were building with you and all
the Commissioners that we're not trying to he antagonistic here. There's -- I would --
you always have the ability and the desire and the power to file a declaratory
judgment, but 1 think that to use Commissioner Watson's wording, we're looking for
finality. We're looking for a conclusion of the matter. That's all that this is doing. So, 1
would respectfully request let's -- to the extent that we're all okay, approve the
dismissal. We don't need to spend more money; we don't need to spend more time on
trying to get some resolution on this matter. We -- let's come together, let's fin --
finalize the solution, let's focus our energy of the City Attorney and my energy and
everybody's else energy on something productive either housing, homelessness, we
have so many issues and the veto does come up every so often.
Commissioner Carollo: Mr. Leal if you could stop there. I want to finish this meeting
quick.
Commissioner Watson: Yeah.
Commissioner Reyes: That's right.
Mr. Leal: Yes, sir. I'm hungry too, I'm hungry too, Commissioner.
Commissioner Carollo: I -- I heard what you said on behalf of the mayor, and I will
grant you this. You are correct, that 1 think we're all trying to move forward in
working for the betterment of the City and I think we've been doing a pretty good job
of it for quite a while. So, having said that, I'll go back to one of my original
statements that this mayor along with every other mayor that I know of I certainly
rarely would veto something except when I fired Mr. Garcia Pedrosa, but mayors
rarely veto. So, I'm not concerned that this mayor --
Commissioner Reyes: Me neither.
Commissioner Carollo: -- is going to be vetoing constantly. You are right that if in the
future, if there's a veto that this commission or future commission doesn't agree with
it, that don't think that the mayor could do it, it could go for a declaratory judgment at
that time. Therefore, what -- what I would do so we could end this meeting and
everyone's happy. I will withdraw the second part of my motion that the Chairman
instigated --
Mr. Leal: Thank you.
Commissioner Carollo: -- by his suggestion, just leave it in approving the resolution
of the Miami City Commissioner authorizing and directing the City Attorney's Office
to dismiss with prejudice the case style the City of Miami vs. Ernesto Cuesta et al,
pending in the third District Court of Appeals, Case Number 3D21-532. So, if the
seconder of the motion accepts that --
Commissioner Watson: Accepted.
Commissioner Carollo: -- and we don't need to add the additional part, if at any time
at the future, I repeat it, there is a veto that this commission or a future commission or
aft/Uwe mayor makes, that the commissioners are in disagreement with and whether
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the mayor could make that veto for that particular item, then it could go to the courts
for a declaratory ruling.
Commissioner Reyes: Listen --
Vice Chair Russell: Thank you --
Commissioner Reyes: -- Mr. Chair.
Vice Chair Russell: Just a moment, Commissioner.
Mr. Leal: Thank you, Commissioner, thank you.
Vice Chair Russell: Okay. Thank you. There has been a removal of the amendment,
there is just a remaining motion and second on PI 7 Commission Reyes, you're
recognized.
Commissioner Reyes: Yes. I cannot support that, Commissioner Carollo. I -- I believe
that we not for the sake of this -- this Commission, future commission and future
mayor. We should clam what are the powers so we cannot say it all the -- I mean
have a conflict between the Mayor and the City Attorney and the -- the mayor's legal
counsel. We should have a clear -- a clear notion or knowledge of what it is vetoable
by the mayor, according to our Charter, or what it is not. I don't want to go through
this process again. You see, I don't want to go, and 1 think we should do it. It has
nothing against the mayor; it is nothing against Leal, it is nothing against anybody. It
is looking ahead and trying to clarify and so we don't get into this mess again.
Vice Chair Russell: Thank you --
Commissioner Carollo: I agree --
Vice Chair Russell: Any further discussion?
Commissioner Carollo: I agree with what you're saying, Commissioner, in the sense
that we don't want to be in this situation again. At -- at the same time let me tell you
why I was so amenable to Mr. Leal's suggestion. I'm not naive to understand that this
could go in two quite different directions. The Commission could lose a lot of its
authority that it has now, and the mayor could gain more. Obviously, the mayor could
lose some of it, too. So, I am not concerned with that right now, I'd rather leave some
of the questions in limbo.
Commissioner Reyes: Okay.
Commissioner Carollo: And if we have to deal with it in the fixture, and frankly, I'm
not seeing anything in the horizon that we would have to bump heads with.
Commissioner Reyes: I just have a final comment.
Vice Chair Russell: One at a time, please.
Commissioner Reyes: Yes.
Vice Chair Russell: Are you done?
Commissioner Carollo: Yes.
Commissioner Reyes: I have a final comment, Mr. Leal, you see I was one of the --
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during the State of the Union it was -- it was my words that I've said that we set our
private agendas aside and work together. And I have said that all along since my first
-- the first time that when 1 was sworn in, and 1 sometimes haven't seen that. Coining
from the mayor, coming from us commissioners, too. I'm not going to blame anybody
in particular. But that -- this has nothing to do with it. You see, don't appeal to
emotions because it is not proper to do it here. We are working together. And whatl
want to do is in order for us not to be bickering among ourselves, to have an
interpretation that it is what -- I mean, what we can do, and we cannot do, that's it.
You see, in order to not create further divisions. So, your argument about coming
together, it is not valid because this will not create further division. What would this --
this create, it is unity because we, everybody will know where their place is, okay?
Vice Chair Russell: thank you.
Commissioner Reyes: That's it.
Vice Chair Russell: Any further discussion? All in favor, say "aye."
Commissioner Carollo: Aye.
Commissioner Watson: Ave.
Vice Chair Russell: Any opposed?
Commissioner Reyes: Yes, I'm -- I'm opposed.
Vice Chair Russell: Sure. Motion passes 4-1.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
LEADERS OF THE 117TH CONGRESS OF THE UNITED STATES
TO FUND THE CONSTRUCTION OF A MUSEUM HONORING THE
CONTRIBUTIONS OF CUBAN AMERICANS TO SOUTH FLORIDA
AND THE GREATER MIAMI AREA AND SERVING AS THE BAY OF
PIGS MUSEUM TO BE BUILT IN LITTLE HAVANA; DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION
TO THE OFFICIALS NAMED HEREIN.
ENACTMENT NUMBER: R-21-0159
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Jeffrey Watson, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Vice Chair Russell: We'll take up Item P1.6. This is the -- oh, I'm sorry, we already did
this one. This was with regard to the Zoning Affordability Analysis. We already moved
on that one. PI7 is the mayor's appeal. PI8 is Commissioner Carollo reso seeking
federal funding for Cuban Museum; is that correct?
Commissioner Carollo: That's correct. The same notion that you proffered --
Commissioner Watson: So, moved.
Commissioner Carollo: -- for the Grove Museum will be the same motion that Pm
proffering for a Cuban American Museum together with a Brigade 2506 Museum in
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Little Havana.
Vice Chair Russell: Would you like that transmitted to any particular Congressional
Representatives who can carry that forward?
Commissioner Carollo: That should be sent to all our Congressional representatives
and our two U.S. Senators.
Vice Chair Russell: Agreed. It's been moved by Commissioner Watson.
Commissioner Reyes: Second.
Vice Chair Russell: Seconded by Commissioner Reyes; is it clear for the City
Attorney?
Victoria Mendez (City Attorney): Chairman? I -- I --
Commissioner Reyes: In fact, I would like to co-sponsor that.
Vice Chair Russell: Madam City Attorney.
Ms. Mendez: I just wanted to clam. We're seeking funding for the Cuban Museum
from the Federal Government?
Commissioner Carollo: Yes.
Ms. Mendez: Okay.
Commissioner Carollo: Cuban Museum along with a museum for the Brigade 2506.
Commissioner Reyes: Bay of Pigs.
Commissioner Carollo: Bay of Pigs. And besides our two U.S. Senators, if there could
be a copy sent to Senator Bob Menendez of New Jersey and Congressman Sires of
New Jersey.
Commissioner Reyes: And also Ted Cruz.
Commissioner Carollo: And Senator Ted Cruz in Texas.
Commissioner Reyes: And all the Cuban American members of the House.
Commissioner Carollo: Yeah, one should be sent to the mayor's cousin. And I believe
there was a new Congresswoman out in New York, that while she has a Greek last
name, she's part Cuban. Her mother is Cuban. So, we'll get that for you also, Mr.
Clerk.
Ms. Mendez: And I don't know if we opened for public input on this one?
Vice Chair Russell: We have.
Commissioner Carollo: Well, we didn't -- did we open up on the other one?
Vice Chair Russell: We did for all of the pocket items at once.
Commissioner Carollo: Okay.
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Ms. Mendez: Okay.
Vice Chair Russell: But if anyone's here? Seeing none we'll close public comment.
Commissioner Watson: Mr. Chair.
Vice Chair Russell: Yes. You're recognized.
Commissioner Watson: I have a question. I think you asked or brought it up and the
process is moving? American Relief whatever it is --
Vice Chair Russell: American Rescue Plan.
Commissioner Watson: -- and if you're hearing names, Mr. Manager, I need you hear
this Mr. Manager.
Vice Chair Russell: Mr. Manager.
Commissioner Watson: If you're hearing city names getting funds, we were supposed
to have spent a session for legislative priorities, I think we know what those are. We
need to get that to you so that you can resolve it. So, we get our Washington wheels
running. Otherwise, we will get left out of the deal. So, I mean, I think we know what
those items are district -wise resiliency, infrastructure, housing, and more housing,
crime prevention, and what have you. Right? So, to the extent we can move and make
sure we get the money that we're supposed to get. We should do that as swiftly as
possible.
Vice Chair Russell: Thank you. At the moment we're under PI8. Do we have a motion
and a second? We do. Is there any further discussion on PI8? Seeing none, all in
favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes on P18.
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RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO AMELIORATE THE COORDINATION
AND FREQUENCY AMONGST CITY OF MIAMI ("CITY")
DEPARTMENTS TO FACILITATE BI-WEEKLY CLEANING OF
AREAS CONSIDERED TO BE HOT SPOTS OF RECURRING
HOMELESS ENCAMPMENTS FOR PURPOSES OF IMPROVING
THE CLEANLINESS OF CITY STREETS AND SIDEWALKS AS
RECOMMENDED BY THE DEPARTMENT OF HUMAN
SERVICES DURING THE DISCUSSION OF DI.8 AT THE CITY
COMMISSION MEETING ON APRIL 8, 2021.
ENACTMENT NUMBER: R-21-0160
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Vice Chair Russell: You're recognized, Commissioner Carollo.
Commissioner Carollo: Thank you -- thank you for your presentation and the work
that you have done in my district as of late. I'd like to present a resolution requesting
of the City Manager that in all the key areas where we have major concentration of
homeless, that we do the recommended twice a week cleaning that Mr. Porro has
recommended.
Commissioner Reyes: (INAUDIBLE).
Vice Chair Russell: Your microphone, please.
Commissioner Reyes: Yes. I second that motion. We have a great concentration in --
in downtown. And although that know that you've been working hard, and -- and I --
I'm glad to see that you are beginning to enforce the feeding ordinance and try, to find
places and try to direct the homeless to the area where we can offer support so -- that
it is much needed, and see if we can recoup some of them and -- and reintegrate them
in -- into society so -- but I would like to support Commissioner Carollo's motion that
every single -- or every one of those concentration -- I mean, places that they have
high concentration, they need to be cleaned because, you know, that they -- we have
to -- and this -- no. No. It's a health issue also, you see, and I -- and I will -- I will
support that. And congratulations, and keep on working, man.
Vice Chair Russell: So, there's a motion and a second?
Commissioner Reyes: Yes, sir.
Vice Chair Russell: Clerk and Attorney clear on the motion?
Commissioner Diaz de la Portilla: I apologize.
Vice Chair Russell: Just a moment. I -- I -- let me just get -- get it captured. You're
clear on the motion? Okay.
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: I just want to have a quick question of Mr. Porro.
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Mr. Porro, good afternoon, by the way.
William Porro (Director, Department of Human Services): Yes. Thank you, sir.
Commissioner Diaz de la Portilla: I hope you feel better.
Mr. Porro: Thank you, sir.
Commissioner Diaz de la Portilla: The -- on Northwest 14th Street around Camillus
House, in that area, you know, Camillus House releases the homeless population to
the streets at 10:00 in the morning, and then they have nowhere to go. How are you
going to address that issue? Because they do congregate there. And I think when
Commissioner Carollo was talking about you -- some of those areas have been
cleaned up, in Jose Marti Park and that -- those areas. A lot of them have shifted over
to north -- that corner between Camillus House and Jackson Hospital, and we have
sort of like tent city there, I think, as Commissioner Carollo described it. How do you
-- how will you address that issue with those -- those meandering homeless people
moving around once they're released from Camillus House? What's your plan for
that?
Mr. Porro: That's a great question, Commissioner. I know that -- that the areas -- I'm
looking here at the list, and there are some on -- on -- between 7th and 8th Avenue
and so forth. They will address in terms of picking up additional garbage twice a day.
It's -- it's really hard, and I don't want to get into some of the nuances, but I feel your
frustration, as -- as does our homeless outreach staff and others, that sometimes we're
almost getting beaten to death with these things. But it -- in terms of the person just --
you know, unless they're loitering around, and I know that's probably not the right
word to use, but if they're there --
Commissioner Diaz de la Portilla: That's why -- that's why I said -- I said
meandering, not to use the word loitering. But -- but you know what I meant. You
know what I meant.
Mr. Porro: But, again, those -- those things are what we -- we struggle against if -- at
least our -- our -- our first attempt to this is to get in front of it, sir, to -- to address the
cleanliness of our streets. If -- if Camillus House releases someone and we can have
those discussions, and we should on an ongoing basis, it's hard for us to control any
of that. So -- at least from -- from Department of Human Services side. But if we can
at least address at least on the first effort to the cleanliness of our streets, I think
we're going to -- it's going to be much better in the long run. And then we got to tweak
the whole continuum of care because if we -- you know, our outreach staff does an
amazing job getting individuals referred. But, again, these are shelter -resistant
individuals, for a variety of different reasons, and they are then put back out in the
street after, you know, two weeks or whatever. So, I don't know if -- if Sergio is there,
or David, they want to add more details. But it -- it is really a difficult situation. So,
probably not the answer you want to hear, but I'm being truthful. So --
Commissioner Diaz de la Portilla: No. I like your honesty. The issue is whether --
whether you're having ongoing conversation with Camillus House and Lotus House
and all these other -- other organizations to try, to find some kind of common ground
and finding a solution to the problem. And I'm sorry I'm interrupting. I know we're in
the middle of a motion, but I didn't get a chance to ask a question, I was in the
restroom, so my apologies. But I want to make sure that -- that you're having a
conversation -- you kind of have a coordinated effort on how you're going to address
that issue because not only from -- it's from Camillus House on 7th Avenue all the
way to Bob Hope Avenue and all the way over to where the entrance to Jackson
Memorial is, the emergency room. But it's all that --
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Mr. Porro: Yes, sir.
Commissioner Diaz de la Portilla: -- and then l l th Street, too. And so, it's all -- it's
all over that area. And the question is, once they're released, they just -- they --
they've actually built an afternoon home, for lack of a better word, and then they have
their night home which is Camillus House. So, they go -- it's not that they're shelter
resistant, it's that they have -- they -- they get sent out, and then they have to then
come back in at night. So, have you addressed that issue?
Mr. Porro: Personally, 1 have not, but I will -- I will address that specific thing and
see what can be done. At the end of the day, Commissioner, if -- if we're not all in line
to address the outcome measures, and that means getting individuals off the street --
there needs to be a goal in terms of every year how many -- how -- you know, are we
going to get off the street because, at the end of the day, that is the ultimate goal. And
I don't know if we're there yet in terms of all of the different components that are part
of the -- this continuum of care, which is quite large. So, we will keep you posted and -
- and keep everybody in tune to that. It's -- it's going to be a -- you know, a long haul.
We need to really address it.
Commissioner Diaz de la Portilla: Thank you, sir. Thank you.
David Rosemond (Assistant Director, Department of Human Services): Perhaps --
perhaps 1 could --
Commissioner Diaz de la Portilla: Yes, .sir.
Mr. Rosemond: -- I could answer this. Good afternoon, commissioners. This is one of
those things --
Vice Chair Russell: Your name and title, please.
Mr. Rosemond: Oh, I'm sorry. David Roseman, Department of Human Services. This
is one of the major issues that the continuum of care deals with, of trying to engage
these individuals into productive activities, not just sleeping, eating, and taking a
bath, but what do they do with the rest of these days. For instance, we have vocational
programs, training programs. The DDA (Downtown Development Authority) right
now hires many people who have gone through Camillus House programs to do
exactly what many of them are capable of doing, which is sweeping, cleaning,
painting, et cetera. So, this is a competing initiative to try to get people to go the right
way and to do the kinds of things that will get them out of that kind of lifestyle. So,
those programs do exist. The issue is we can't, force them to do it, but we try, to
encourage them to do so and to follow a healthier lifestyle.
Commissioner Diaz de la Portilla: Thank you, sir.
Vice Chair Russell.• Thank you very much. There's a motion. There's a second.
Commissioner Watson: Let me — let me — let me — I'm —
Vice Chair Russell: You're recognized, Commissioner Watson.
Commissioner Watson: Yeah. I don't want to belay this but let me just say this. I think,
in view of the question asked, sometimes movement is good. So, Mr. Porro, thanks for
your efforts, one. Two, I agree with Commissioner Carollo, once we do something in
one area, then it rolls, because I'm finding some creep somewhere as well. Three, we
should at least ensure that this is done on an ongoing basis. I know there was a draft
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and a plan that was put forth that allotted for a — a time certain, but it should be done
on an ongoing basis. And so, 1 think that's a good thing. But let me ask you a couple
of questions. You said in your presentation you cannot speak for your colleagues at
Solid Waste. But if they are in a coordinated effort, why wouldn't you be able to speak
for them? Or are they not in this effort?
Mr. Porro: No. No. What I — what I meant to say, just for clarification, Commissioner,
is that I can 't speak with them because — speak for them in the sense of resources. It
takes a lot of resources that either they pull — if they don 't have individuals that are
assigned to our offices and they don 't show up and I have to call the director of Solid
Waste to get a truck because it's — it's gotten out of hand, those are resources that —
that are taken from Solid Waste to do, you know, an immediate thing that I'm
requesting.
Commissioner Watson: Okay. So —
Mr. Porro: So, that's what I meant by that.
Commissioner Watson: So, thanks for the clarification. So, it's going to be incumbent
on us to establish some sort of financial implications, Mr. Manager, so that this effort
can continue because we don't want too just —
Mr. Porro: That is true.
Commissioner Watson: -- legislate it, but we want to take consideration that its
causing resources being taken away that we're not accounting for. So, that's
something that needs to be accounted for. Can you tell me whether or not FDOT
(Florida Department of Transportation), somewhere or some — somehow, was an
impediment to our efforts?
Mr. Porro: You said FDOT, sir?
Commissioner Watson: Yeah. Are they — have they been an impediment to what
you've been trying to do?
Mr. Porro: Not — I mean, I— I think David could speak more on — about that, but no, I
— I just — I think on the contrary, from what I've seen personally —
Commissioner Watson: Okay. And — and is there —
Mr. Porro: -- in helping us. Yeah.
Commissioner Watson: And is there any financial commitments that any of us have
made and — and not fulfilled as it relates to being helpful in your efforts?
Mr. Porro: I'm sorry, Commissioner, can you —
Commissioner Watson: Has there been any —
Mr. Porro: -- can you rephrase —
Commissioner Watson: -- financial commitments that any of us have made that has
gone unfulfilled towards your efforts?
Mr. Porro: We're — we 're look — looking at that very carefully and with a very sharp
pencil because we don 't want to increase costs, obviously. But I — as of right now, I
think that there are some positions in — in our outreach team that are still vacant that
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we need to fill. And again, 1 can't speak for Solid Waste, hut we need to fill those
positions as well. And 1 think there is some Solid Waste assigned positions that are
also vacant, 1 could be wrong about that, but — but yes. So, there could be a financial
impact long-term, but that's to get to the numbers we need to get to just of our normal
staff not to increase it, if that makes sense.
Commissioner Watson: All right. Mr. Chair.
Vice Chair Russell: (INAUDIBLE).
Commissioner Watson: 1 want to add something. 1 don't know if — if the maker of this
notion would accept this amendment.
Unidentified Speaker: (INAUDIBLE).
Commissioner Watson: But the — I'm sorry. I just — I'm sorry. Like, I had this — I have
been juiced up with so many chemicals, it's not even funny. Let me just be — be clear.
We had monies from the feds on the issue of the mental health and caseworker
support a couple of months ago, and we kind of rejected it. It wasn 't really our
department's program, but it was monies that we probably should accept and move
on to help in this effort. And I'd like to see that brought back. Is that something I
should do with this as an amendment or be separate?
Commissioner Carollo: 1— I don't mind accepting it —
Commissioner Watson: Okay.
Commissioner Carollo: -- Commissioner. So —
Commissioner Watson: All right. So — so —
Commissioner Carollo: -- if you want to include it in the motion —
Commissioner Watson: Okay.
Commissioner Carollo: -- I'm fine.
Commissioner Watson: All right. So, yeah, we — we got from the feds $5.1 million.
And at that time— and I understand with my colleagues, which is — to kind kick this all
off it appears that we kind of got free reign money. We didn't. We got money to use
for this effort. And I just like to at least bring this back to the next meeting. So, it's
really not an amendment. I apologize.
Commissioner Carollo: Okay.
Commissioner Watson: I just want to make sure that it gets brought back for the next
meeting, okay?
Vice Chair Russell: Okay. So, no — no amendment necessary?
Commissioner Watson: No amendment necessary.
Vice Chair Russell: Thank you. There's been a notion. There's a second. Any further
discussion on the dais? All in favor, say "aye."
The Commission (Collectively): Aye
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Vice Chair Russell: Any opposed? Motion passes on --
Mr. Porro: Thank you.
Vice Chair Russell: Thank you. That was DI.8 Homelessness.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
SCHEDULING A SPECIAL CITY COMMISSION MEETING ON
THURSDAY, MAY 6, 2021 AT 10:00 A.M. FOR THE PURPOSES OF
(1) TAKING ANY AND ALL ACTIONS IN RELATION TO THE
ACCEPTANCE AND ALLOCATION OF FUNDS RECEIVED BY THE
CITY AS A RESULT OF THE AMERICAN RESCUE PLAN ACT AND
(2) A DISCUSSION PROVIDING INFORMATION CONCERNING
MARINAS OWNED BY THE CITY OF MIAMI.
ENACTMENT NUMBER: R-21-0161
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Vice Chair Russell: There's a motion to set a special meeting two topics on the
agenda. No time certain --
Commissioner Reyes: That's right.
Commissioner Carollo: Okay.
Vice Chair Russell: -- for May 6th.
Commissioner Carollo: May 6th.
Vice Chair Russell: Yes.
Commissioner Reyes: Very simple.
Vice Chair Russell: It is. All right. So do you need a motion --
Commissioner Diaz de la Portilla: Second that.
Vice Chair Russell: There's a motion. Is there a second? Commissioner Reyes. All in
favor of the items, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed?
Vice Chair Russell: Motion passes. We have a special meeting scheduled. And I got --
Victoria Mendez (City Attorney): Time.
Vice Chair Russell: I got it, I got it.
Ms. Mendez: Time?
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Vice Chair Russell: Madam, City Attorney, you have something.
Ms. Mendez: Time? 9:00 a.m.?
Vice Chair Russell: Yes, please. 9: 00 a.m.
Todd B. Hannon (City Clerk): Right. So, I just wanted to restate that the special
meeting is going to be on May 6th at 9:00 a.m. here City Hall to address two items,
the American Rescue Plan and City -owned Marina?
Vice Chair Russell: Yes. The City Attorney has been overruled. It's 10: 00 a.m.
Mr. Hannon: 10:00 a.m.
Vice Chair Russell: Yes.
Mr. Hannon: My apologies.
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City Commission
Meeting Minutes April 8, 2021
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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 22, 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.
rRESULT: DISCUSSED
Victoria Mendez (City Attorney): Chairman.
Vice Chair Russell: Yes, City Attorney.
Ms. Mendez: I have to read a script. I have to read another script for the Chalk's --
the Chalk's attorney -client session.
Vice Chair Russell: Yes, as soon as that script is finished, we will be adjourned.
Ms. Mendez: Mr. Chairman and members of the Commission, pursuant to provisions
of Section 286.011(8) Florida Statutes, I'm requesting that the City Commission
meeting of April 22nd, 2021, an attornev-client session closed to the public be held
for purposes of discussing the pending litigation in Chalk's Airline v. City of Miami,
Case Number 17-023207-CA-01; and Chalk's Airline, Inc. and Nautilus Enterprises,
LLC versus Miami Sports and Exhibition Authority. City of Miami Case Number 18-
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City Commission
Meeting Minutes April 8, 2021
ADJOURNMENT
030887-CA-01, both pending in the Miami -Dade Circuit Court to which the City is
presently a party. The subject to the meeting will he confined to settlement
negotiations or strategy sessions related to litigation expenditures. This private
meeting will begin at approximately 10: 00 a.m. or soon thereafter as the
Commissioners' schedules permit and conclude approximately one hour later. The
session will be attended by members of the City Commission, which includes Vice
Chairman Ken Russell and Commissioners Alex Diaz de la Portilla, Joe Carollo,
Manolo Reyes and Jeffrey Watson, City Manager Art Noriega, City Attorney Victoria
Mendez, Deputy City Attorneys, John Greco and Barnaby Min, and Senior Assistant
City Attorneys, Christopher Green, George Wysong and Kerri McNulty. A certified
court reporter will be present to ensure that the session is fully transcribed, and the
transcript will be made public at the conclusion of the litigation. Thank you.
Todd B. Hannon (City Clerk): And just for the record, meeting is adjourned.
The meeting adjourned at 1:11 p.m.
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