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Meeting Minutes
Thursday, May 13, 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 May 13, 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 13th day of May 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 9:39 a.m.,
and adjourned at 12:36 p.m.
Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at
9:43 a.m., and Commissioner Carollo entered the Commission chambers at 10:03 a.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
Vice Chair Russell: Good morning, everyone. Good morning, good morning. Welcome to the
May 13th, 2021, meeting of the City of Miami City Commission in these historic chambers. I
did not bring my reading glasses. But I should have this memorized by now. 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 for this Commission are Alex Diaz
de la Portilla, Joe Carollo, Manolo Reyes, Jeffrey Watson, and me, your chair, Ken Russell.
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 Reyes and the
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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PR - PRESENTATIONS AND PROCLAMATIONS
PR.1
9008
PROTOCOL ITEM
Honoree
Presenter
Protocol Item
Arbor Day
Mayor Suarez
Proclamation
Alberta Corbar
Commissioner Watson
Proclamation
ORDER OF THE DAY
RESULT: PRESENTED
1) Mayor Suarez and City Commissioners paid tribute and celebrated National
Arbor Day in a quest to elevate the quality of life for all citizens; further
encouraging awareness of the mounting environmental and climate crisis and
committing to community partnerships to support the greening of urban biosphere.
Arbor Day, the 1872 brainchild of Nebraskan J. Sterling Morton, is now an
international event that envisions the creation of a green society and fosters
environment friendly initiatives that ensure livable communities for generations to
come and calls attention to the importance of the tree as a renewable energy
resource for wood, fuel, as a foil for erosion, a habitat for wildlife, and a natural
canopy to moderate the temperature, enhance the vitality of our business areas, and
beautify our community. Elected Officials paused in their deliberations to encourage
the transition to a green society and call attention to the importance of the tree as a
renewable resource.
2) Commissioner Watson presented a Proclamation to Alberta Corbar, a resident of
the City of Miami for 65 years, in recognition of her 100'h birthday on May 20, 2021.
Ms. Corbar moved to Miami as a young woman and worked in the hospitality
industry and has continuously served the community as a census taker, fundraiser for
charities and volunteer at Allapattah Elementary School. Elected Officials paused in
their deliberations to celebrate Ms. Corbar for her long life and prosperity.
Vice Chair Russell: And before we get going and we have some public appearances,
do we have any proclamations to be given out by anyone on the dais?
Commissioner Watson: Yes.
Vice Chair Russell: Yes. Commissioner Watson, you're recognized.
Presentations made.
Vice Chair Russell: Madam City Attorney, if you could please state the procedures to
be followed during this meeting.
Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist
pursuant to Chapter 2, Article 6 of the Code of the City of Miami, must register with
the City Clerk and comply, with related City requirements for lobbyists before
appearing before the City Commission. A person may not lobby a City official, board
member, or staff member until lobbying -- until registering. A copy of this code section
about lobbyists is available in the City Clerk's Office or online at wwwmunicode. com
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[sic]. Any person making a presentation, formal request, or a petition to the City
Commission concerning real property must make the disclosures required by the City
Code in writing. A copy of this City Code section is available at the Office of the City
Attorney or online at wwwmunicode.com [sic]. The City of Miami requires that anyone
requesting an action by the City Commission must disclose before the hearing any
consideration provided or committed to anyone for agreement to support or withhold
objection pursuant to City Code Section 2-8. Any documents offered to the City
Commissioners that have not been provided seven days before the meeting as part of
the agenda materials will be entered into the record at the City Commission's
discretion. In accordance with Section 2-33(f) and (g) of the City Code, the agenda and
the material for each item on the agenda is available during business hours at the City
Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may
be heard by the City Commission through the Chair upon registering pursuant for a
published notice for not more than two minutes on any preposition 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.iniamigov.com/meetinginstructions for a
detailed instructions on how to provide public comment using the online public
comment form. The comments submitted through the comment form have been
distributed to the elected officials and the City administration throughout the day so
that the elected officials can consider the comments prior to taking any action.
Additionally, the online comment form will remain open during the meeting to accept
comments and distribute to the elected officials up until the Chair closes 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 restrictions, regulations, and procedures. Speakers
who appear in person will be subject to screening for any symptoms of COVID-19. Any
person exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall.
All interested 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 later date before
the City Commission takes action on such proposition. When addressing the City
Commission, the member of the public must first state his or her name, his or her
address, and what item will be spoken about. Any person with a disability requiring
assistance, auxiliary aides and services for this meeting may notes the City Clerk. The
City has provided different public comment methods to indicate, among other things,
the public support or opposition or neutrality on items and topics to be discussed at the
City Commission meeting in compliance with Section 286.0114 (4)(c), Florida Statutes.
The public has been given the opportunity to provide public comment during the
meeting and within reasonable proximity and time before the meeting. Please note,
commissioners have 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.
Video of this meeting may be requested at the Office of Communications or viewed
online at wwwmiamigov.com [sic]. PZ (Planning and Zoning) Items shall proceed
according to Section 7.1.4 of the Miami 21 Zoning Ordinance as temporarily modified
pursuant to Emergency orders -- Ordinances 13903 and 13914. Pursuant to
Emergency Ordinance Number 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 the applicant's
representatives and any experts testifying on behalf of the applicant, appellant, or
appellee may either be physically present at City Hall to be sworn by oath or
affirmation by the City Clerk or may appear virtually and make arrangements to be
sworn in by oath or affirmation in -person at their location by an individual qualified to
perform such duty. Pursuant to Emergency Ordinance Number 13903, members of the
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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 to remove the presumption of
prejudice 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 approval, the applicant will present its application or request to the City
Commission. If the applicant agrees with staff recommendation, the City Commission
may proceed to its deliberation and decision. The applicant may also waive the right to
an evidentiary hearing on the record. The order of presentation shall be as set forth in
Miami 21 and the City Code providing the appellant shall present first. The appellant
will present its appeal to the City Commission, followed by the appellee. Staff will be
allowed to make any recommendations they may have. Please silence all cell phones
and other noise making devices. This meeting can be viewed live on MiamiTV,
miamigov.com/TV, the City's Facebookpage, the City's Twitter page, the City's
YouTube channel and Comcast Channel 77. The broadcast will have closed captioning.
Thank you.
Vice Chair Russell: Thankyou. Good morning, Mr. Clerk.
Todd B. Hannon (City Clerk): Morning Chair. The procedures for individuals who
will be providing testimony to be sworn in for planning and zoning items and quasi-
judicial items on today's City Commission agenda will be as follows: Members of
City staff or any other individuals required to be sworn who are currently present at
City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining
these procedures. Those individuals who are appearing remotely may be sworn in
now or at any time prior to the individual providing testimony for planning and
zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number
13903, those individuals appearing remotely may be sworn in at their location by an
individual qualified to administer the oath. After you are sworn in, please be sure to
complete, sign and notarize the affidavit provided to you by the City Attorney's
Office. Each individual who'll 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 applicant -- affidavit shall be included in the
record for the relevant item for which you will be providing testimony.
Commissioners, are you comfortable with all the notice provisions set forth in these
uniform rules of procedures we have established for this meeting?
Vice Chair Russell: Yes.
Commissioner Watson: Yes.
Mr. Hannon: Chair, may I proceed with administering the oath?
Vice Chair Russell: Yes.
Mr. Hannon: Okay. If you'll be speaking on any of today's planning and zoning
items -- ifvou will be speaking on any of todav'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.
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[Later...]
Vice Chair Russell: I'll start, please, with the order of the day. Mr. Manager, are
there items you'd like to see deferred, continued or withdrawn?
Arthur Noriega (City Manager): Good morning, Mr. Vice Chair, Commissioners,
Madam City Attorney, Mr. City Clerk. At this time, the administration would like to
defer and/or withdraw the following items: CA.2, to be deferred to May 27; DI. 2 --
Vice Chair Russell: Wait just a moment Commissioner Carollo is just sitting down, 1
want to make sure.
Commissioner Carollo: (INAUDIBLE).
Vice Chair Russell: You heard there was cake. Whenever you're ready. We're doing
order of the day, go ahead, Mr. Manager.
Mr. Noriega: You want me to start over?
Vice Chair Russell: Yes, please, CA.1.
Mr. Noriega: CA.2.
Vice Chair Russell: Sorry, CA.2.
Mr. Noriega: To be differed to May 27th; DI.2 to be withdrawn; RE.3 to be deferred
to May 27th; and PZ.3 will be indefinitely deferred or to --
Vice Chair Russell: Just a minute go back please, RE.3?
Mr. Noriega: Deferred to May 27.
Commissioner Diaz de la Portilla: Mr. Chair, can he give the title of the items as we
move through them?
Vice Chair Russell: Yes, Mr. Manager, if you wouldn 't mind reading the title. So, if
you start with the item number, the title, and the action.
Mr. Noriega: Okay, I'll start over. CA.2 is the release of an easement Lancelot
Miami River, LLC (Limited Liability Company) to be deferred to May 27.
Vice Chair Russell: Thank you.
Mr. Noriega: DI.2, which is a discussion item updating -- an update regarding the
analysis and feasibility related to Bitcoin to be withdrawn. RE.3, which is a $15
million reimbursement allocation from the Miami Forever Bond Tranche 2 for
financial assistance for affordable housing to be deferred to May 27th. And PZ.3
which is the zoning text amendment for co -living.
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: That one's an indefinite deferral?
Mr. Noriega: Indefinite deferral, correct.
[Later...]
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Vice Chair Russell: I would like to recognize Mayor Lago for his patience and
definitely congratulate him on his election as Mayor of Coral Gables, the city
beautiful. You 're very welcome here in City Hall, and 1 appreciate your patience.
Good morning.
Commissioner Carollo: Mayor. Thank you for being here.
Vice Chair Russell: Mr. Mayor.
Commissioner Diaz de la Portilla: How are you, Mayor? Congratulations.
Vince Lago: I'll be very brief. I had a prepared statement, but I'm going to save that
for June, if we're going to hear this again out of respect for everyone who 's here in
the room. But 1 want to congratulate all of you. This takes real courage. Real
courage. We have a lot of victims that were here today to speak, people from Glory
House. They'll come back in June. They're more than willing to come back. We have
a lot of people in this community, like Avra Jain, who -- besides the women that are
here, I really have a lot of respect for you because you 're putting your business
interests on the line to be here, and that takes a lot of courage. Commissioner De la
Rosa, a gentleman who is not running for re-election, has decided to do this because
it's the right thing to do, along with you, all of you. We haven't always agreed.
People will go out there and say, "Oh, Vince has an agenda. "I don't have an
agenda. 1 have two young girls that I have to face every single day. And I hope that
we put this on the agenda in June so I can come back and give you a little bit of
information, because 1 have faced the devil face -to face. Not once, not twice, 13
times I've done sting operations with the City of Miami Police Department, City of
Coral Gables, and Kathy Fernandez Rundle's Human Trafficking Division. I have
gone at 2:00 and 3: 00 in the morning, to all these motels. I have seen unspeakable
acts against the women of our community. Unspeakable. I have been in those rooms,
as my wife is calling me on the phone telling me, "Come home. Come home." This is
something that I know will be heard because of your courage. Commissioner Reyes,
you have advocated for your community for years. You're an (Comments made in
Spanish not translated). You're a life-long friend and patriot in this community.
Commissioner Carollo, you have been talking about human rights issues, you have
been talking about human trafficking, prostitution, homelessness in this community
for years, way before you ran again for office. Commissioner Russell, how many
times have you and I sat down and had this discussion and talked about this? I can't
even -- I don't know how many coffees we've had in the Grove to talk about this
issue and what we need to do. Commissioner Diaz de la Portilla, your respect and
your courage, along with every single person here, is to be commended. Mr. Watson,
I haven't had the pleasure of meeting with you before, and this city is lucky to have
you here. And I thank you for taking the charge and moving forward and serving this
community as a commissioner, because it's not easy. It's not easy to be up here and
have to face the public, have to face special interest, but you do it with courage. So,
my ask is simple. Special interest groups will tell you that I have a bone to pick with
the motels. That I want to destroy them because of annexation. They will say that I
have my own interests. They will spew hate, innuendo, lies about me. That's not the
case. I just want to make sure that when Igo home every night, and I sit down with
my, daughters, and I pray with them every night, and I tuck them into bed, I can look
them in the face and when I'm done serving this community as Coral Gables' Mayor,
that 1 can be proud to say that I did everything in my power to stop things that 1 've
seen with my own eyes that are unacceptable, that I would never hope that would
happen to my daughters. So, I just want to say thank you for allowing me the
privilege to be here. I'm proud of all of you and I look fonvard to coming back in
June. God bless all of you. Thank you.
Vice Chair Russell: Thank you, Mr. Mayor.
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Commissioner Carollo: Thank you.
Commissioner Diaz de la Portilla: Thank you, Mr. Mayor.
Mr. Lago: You're welcome.
Vice Chair Russell: Thank you. Are there any other deferrals, withdrawals, or
continuances to consider for the order of the day? Hearing none, all in favor of the
order of the day say -- is there a motion to accept the order of the day?
Commissioner Carollo: I make the motion.
Vice Chair Russell: Moved by Commissioner Carollo.
Commissioner Reyes: Second.
Vice Chair Russell: Seconded by Commissioner Reyes. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes. Thank you very much.
[Later...]
[Later...]
Todd B. Hannon (City Clerk): And Chair, if I may, and my apologies. RE.2 -- just for
the record, RE.2, Commissioner Reyes wanted to be a co-sponsor -- be recognized as
a co-sponsor, and Commissioner Russell wanted to be recognized as a co-sponsor
for RE.9.
Vice Chair Russell: That is correct, on the interim parking program. Thank you. We
are --
Commissioner Watson: Was I --
Vice Chair Russell: -- done with the action items. Commissioner Watson, you're
recognized.
Commissioner Watson: Mr. Chair, I wanted to make sure that on -- oh boy, on SR.3,
Mr. Clerk, I was supposedly --
Mr. Hannon: I'm sorry, sir.
Commissioner Watson: -- SR.3, I'm supposed to be listed as a co-sponsor.
Mr. Hannon: You would like to be recognized as a co-sponsor for SR.3?
Commissioner Watson: Yes.
Mr. Hannon: Yes, sir.
Commissioner Diaz de la Portilla: And Mr. Chair, and me for SR.1, please?
Vice Chair Russell: SR.1 co-sponsorship by Commissioner Diaz de la Portilla.
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Commissioner Diaz de la Portilla: Thank you.
Vice Chair Russell: All right.
PUBLIC COMMENTS FOR ALL ITEM(S)
9066 DISCUSSION ITEM
Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
Clerk PUBLIC FOR THE MAY 13, 2021 CITY COMMISSION MEETING.
RESULT: PRESENTED
Vice Chair Russell: I'm going to open us up for public comment at this point. If you
are here to speak on any of the remaining items on this agenda, you 're very welcome
and thank you for your patience and your advocacy. All you have to do is come up to
one of the lecterns. You have two minutes to speak. Just state your name, the item on
which you'd like to speak, and you'll have two minutes. You'll hear a little buzz at
about the 30 second point and that's your signal to wrap it up so that we can respect
everyone's time. For social distancing if we can alternate lecterns, so if you form two
lines, please and we'll clean each lectern between each speaker. So, good morning.
You're welcome.
Commissioner Watson: Mr. Chair.
Vice Chair Russell: Please just give to the -- if you have any documents, please just
give to the Clerk and he'll make a copy for all of us. Thank you.
Commissioner Watson: Mr. Chair.
Vice Chair Russell: Yes, you're recognized, Commissioner Watson.
Commissioner Watson: Let me just say something right quick. Because I'll get asked
the question, because we all get ask the questions. Let me just say that we've had --
particularly on the heels of Mr. Talbert. Look, Miami is probably as old as however
many years since it was started. One of our biggest industries has been hospitality
and we get characterized often from the perspective of hospitality, entertainment,
Miami Vice, and all the cultural attachments that comes with it. I think though,
however, as we have begun to see what's the external outcomes of some of these
activities, there's a dislike, for what exists and whether or not any of us in any
capacity in the last 20 years -- 25 years, or hospitality/prostitution in the last however
many years -- none of us are for that. We now see that there is additional
repercussions as a result ofit. And I am sure, regardless of the vigorous debate upon
which we have, we don't have secret committees like the County, right? Where people
don't see how much they fight. But we do have everything that you want to have in
your view. Sometimes it's not necessarily understood, the dynamics of what goes on. I
am sure, I'm very sure, that none of us being supporters of the areas of prostitution,
the human trafficking, and everything else that people are fighting for today which is
an outcome of this sort of activity. And we will get to a conclusion that works, to in
effect, protect our young women and residents of the city of Miami. I just wanted to
say that, okay?
Commissioner Reyes: Amen.
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Vice Chair Russell: Thankyou very much. Good morning. You're recognized.
Ketsia Marcellus: Good morning. My name is Ketsia Marcellus, and I reside at 5950
Southwest 74th Street. I am here in support on PZ.1 and PZ.2.
Commissioner Watson: Hold on one second. Because that's a -- what's you call them
items? Is she speaking on behalf -- does she have to be sworn in? To make sure her
comments are --
Vice Chair Russell: I believe she's already been sworn in, yeah?
Commissioner Watson: No, she wasn't here when --
Vice Chair Russell: You weren't here when we did the swearing in?
Commissioner Watson: No.
Ms. Marcellus: No.
Vice Chair Russell: Yes, you do need to be sworn in. Thank you, Commissioner
Watson.
Commissioner Watson: Just make sure that it's done before you for the record.
Todd B. Hannon (City Clerk): Ma'am, if you would 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.
Ms. Marcellus: Yes.
Mr. Hannon: Thankyou, Chair.
Ms. Marcellus: All right. Good morning. My name is Ketsia Marcellus, and I live at
5950 Southwest 74th Street. I am here in support of PZ.1 and PZ.2. I am a partner in
the deal at 3095 Plaza Street for a small housing development. The community
overwhelmingly supports the project. It passed its first reading without any
opposition, and I'm requesting the City Commission for final approval for today.
Thank you.
Vice Chair Russell: Thank you for your comments. Good morning, Mr. Cruz.
Elvis Cruz: I'm going to try the other podium. I think this one is having an issue.
Vice Chair Russell: I believe this is the one that -- well, they may both -- you're not
hooked up for the visual yet? You need audio-visual? If staff could help him hookup,
please. Mr. Manager. While you're getting organized. Pastor Robinson, you're
recognized and welcome.
Nathaniel Robinson III: Sure. Good morning, Commissioners. My name is Reverend
Nathaniel Robinson III. I'm the Senior Pastor at Greater Saint Paul African
Methodist Episcopal Church. I stand today as the chairman of the Board of Grove
Rights and Community Equity, which is comprised of 13 community organizations,
inclusive of churches, non profits, and civic organizations. The applicants for PZ.1
and PZ.2 participated in tedious but meaningful, and reasonable negotiations with the
community, which resulted in an executed community benefits agreement. The
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applicants agreed to a number of things, including but not limited to: 20percent of
the units in the development will be made affordable for workforce at 60 percent AMI
(Area Median Income), priority for jobs from community members, a financial
contribution that be held by Rebuilding Together Miami, who in partnership with
GRACE (Grove Rights and Community Equity), will administered the funds to restore
and rehabilitate dwellings that provide affordable housing for low-income residence.
So, we're here today recommending the passing and support of PZ.1 and PZ.2. Thank
you.
Vice Chair Russell: Thank you, Pastor. Are you organized?
UNIDENTIFIED SPEAKER: We're having a little difficulty.
Vice Chair Russell: A little difficulty? We'll clean this lectern and next speaker,
please. Thank you.
Yoni Bornstein: Hello everyone. Yoni Bornstein, President of the Wynwood
Community Enhancement Association. I'm here in support of PH 1 and SR.3. I'd like
to first of all say thank you for always being supportive and to finally come to,
hopefully, a resolution on SR.3, the Wynwood Park -- the Wynwood Norte Parking
Trust Fund. It will be another -- the final step and an important step in finalizing the
Wynwood Norte Community Enhancement Vision Plan. Then, very important,1 want
to just discuss with PH.1 that the community is so excited that finally we're going to
get things moving. Westdale Wynwood LP made a commitment many years ago, and
the community is super excited to finally get things moving and to give back to the
community through -- with Louis DeRosa from the Puerto Rican Chamber of
Commerce supporting us. So thank you, Commissioner Watson. We look forward to
working directly with your office and really making a difference in the community.
Thank you very much.
Vice Chair Russell: Thank you for your comments. Good morning.
Elaine Black: Good morning. My name is Elaine Black froni the Liberty City Trust.
And we're here to support PH 1 that Dynamic CDC (Community Development
Corporation), a qualified and a respectable firm, is here to do work for District 5 for
our Wynwood Home Improvement Program. We're very excited to be working with
them -- our board, Louis DeRosa, and others within the community. So, we are here to
support PH.1. Thank you.
Vice Chair Russell: Thank you for your comments. Good morning.
Mr. Cruz: Good morning, gentlemen. Elvis Cruz, 631 Northeast 57th Street. I'm here
on SR.1, which would add the name Milton to Pallot Park. That's a bad idea. From
the newspaper story Ijust handed you, Milton was sued by the US Justice Department
in the 80's and `90's for racial discrimination against black renters. Those cases were
settled, the second with Milton paying a then record $1.2 million in damages' and
penalties to the government. The good news is the park was recently redone, mostly
with money from the Milton family and with input. The good news is that they got a
concrete seawall, with no mangroves, and a beautiful, unobstructed bay view and a
water access ramp. Unfortunately, there's a lot of bad news. It also has a 30-foot-
wide concrete pavement along the bay. An 80-foot-deep concrete slab with a
monument to Milton. Another monument to Milton. It's a horrible design. It's as if
they wanted to design the park to discourage its use. No picnic tables, no restrooms,
no barbecue grills, no on -site parking. Only seven street parking spaces, which are
usually taken by overflow parking from the Milton Apartment Buildings. Kids used to
be able to play soccer in the middle. Now, the, field was blocked by a concrete
walkway and Royal Palms as a passive aggressive move. Pallot isn't the only city
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park suffering passive -aggression. Here's a passive aggressive move at Morningside
Park. It's a passive aggressive change that would greatly harm the convenient usage
of that picnic area by many Miami families. Particularly black families that have
enjoyed the picnic area for decades and generations. Whether that is openly intended
or not is irrelevant. The bottom line is they would indeed suppress the usage of the
park by black families. The red line there shows the road that would be removed
under this proposal. Because it receives federal funding, the City and its Parks and
Recreation Department is prohibited by Title 6 of the Civil Rights Act, from
programming that disparately affects individuals of a particular race or color. Please,
do not change the name of Pallot Park. Thank you.
Vice Chair Russell: Thank you for your comments. Good morning.
Ashley Snow: Hi, good morning. I'm Ashley Snow, and I'm here representing
Rebuilding Together to speak in favor of PZ.1 and PZ.2 passing today. The
community has been overwhelmingly supportive of this area being rezoned from
duplex to multi family. Not only is 20 percent going to be used for workforce housing,
but the very generous community benefits agreement will impact residents here with
very many necessary repairs to their homes. Additionally, when we build more units
versus a duplex, it allows naturally occurring affordable housing to age and turn into
affordable housing. So very supportive of it. We hope you guys pass it today and
grateful for your support as always.
Vice Chair Russell: Thank you very much. Good morning.
Kevin Amezaga: Good morning. My name is Kevin Amezaga. I reside at 1042
Michigan Avenue, Miami Beach, Florida, and I'm representing the Miami Riders
Alliance. I wanted to voice our support for the Miami Scooter Program. Our
organization has been working with the scooter operators for over half a year to make
this program better for Miami residents. We recognize that this is an opportunity for
the City to use these funds to create safer pedestrian and bicycle infrastructure for the
City, which traditionally just hasn't been done. With over 300,000 rides since
February, this program is popular and encourages spending at local businesses at a
time when we're coming out of the Corona virus pandemic. People in cars have to
park, and don't usually stop at those local businesses that they wouldn't otherwise
stop at. I hear you; nobody likes scooters on sidewalks. I don't like riding it on a
sidewalk. I don't think anybody likes riding on a sidewalk. I hear you and the scooter
companies also agree. That's why we're using these funds to build this bicycle
infrastructure and pedestrian infrastructure in Downtown Miami, coming soon. So, I
encourage you to support this program. I encourage you to vote to support it and
thank you.
Vice Chair Russell: Thank you for your comments. Is there anyone else here to speak
on public comment on any of the items on our agenda? Seeing none I'll close public
comment at this time, and we will move into our agenda
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. Hannon: Chair, there are no Mayoral vetoes?
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Vice Chair Russell: Thank you very much.
END OF MAYORAL VETO(ES)
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PA - PERSONAL APPEARANCE
PA.1 PERSONAL APPEARANCE
8797 A PERSONAL APPEARANCE BY WILLIAM TALBERT, PRESIDENT
& CEO OF THE GREATER MIAMI CONVENTION & VISITORS
BUREAU, FOR A PRESENTATION ON THE STATE OF THE
TRAVEL AND TOURISM INDUSTRY.
rRESULT: PRESENTED
Vice Chair Russell: Mr. Bill Talbert, thank you for your patience. Not the
introductory discussion on tourism to the city of Miami that you would normally like
to have, but you are very welcome here to present to this Commission.
Bill Talbert: Thank you very much, Mr. Chair. You know, I'm sitting here in a past
life. I actually worked on this project with -- side -by -side with Roxcy Bolton. So, I feel
your pain. Thank you very much. Thank you, Mayor Lago. The past week has been
National Travel and Tourism Week. And I tell our friends in Washington DC, every
week is Travel and Tourism Week in -- in the city of Miami. I want to introduce part of
your team, from the Convention Bureau. I'm going to be very brief Rolando, if you
could stand up. Rolando Aedo, our Chief Operating Officer. Suzie Sponder, Media
and Relations. Connie Kinnard, the Vice President of Multicultural Tourism and
Development. Committee meeting yesterday, Sonia Fong, recently promoted to
Convention Sales and Services. I want to give a shout out to Chair Russell, District 2,
my district commissioner. Our office is 701 Brickell, Miami, Florida. My home, 1601
Nocatee Drive in the city of Miami. I want to thank Commissioner Diaz de la Portilla
for serving on your Convention and Visitors' Bureau Board. We appreciate that. You
know, a few minutes ago we had Alberta of -- her l ooth birthday, and Commissioner
Watson gave her a certificate and a proclamation. I'm here to -- she had actually
worked in hospitality in the past year. So, we need good people in the hospitality
industry. So, if she's watching, we have a job for her in hospitality, starting whenever
she's ready. A couple of quick things. I'm -- I've been fully vaccinated. Fully
vaccinated. Proudly, fully vaccinated. Well, how are we doing? We're doing very
well. Miami is doing better than the rest of the United States. Why? Because we're all
working together. We're working together and we're working with the private sector.
We have 1,100 private sector members. We've had great events. Now, I don't think we
had this event last year. I guess we were kind of hunkered down. But I can tell you, on
October 5th, your Convention Bureau re -opened its offices at 701 Brickell. On
October 21 st, your Convention Bureau had the first face -to face hybrid annual
meeting, for a convention bureau in the United States of America. We are the gold
standard for safely having face -to face meetings, and we couldn't do this without your
support. There's a lot of data that is gone. We had the last January 2nd, the Orange
Bowl, January 11 th, the college football championships. We've got -- had the first
medical meeting in the United States two weeks ago, a meeting that had left another
city. So, a lot of great things. We're working with you and your teain on Bitcoin -- the
Bitcoin conference, right? In June?
UNIDENTIFIED SPEAKER: June 4th.
Mr. Talbert: Huh?
UNIDENTIFIED SPEAKER: June 4th.
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Mr. Talbert: June 4th, right here in the city of Miami. As you know, 1 could go on and
on and on. And, you know, you gave a proclamation just a second ago, but we're here
to give you something. We're going to give you -- the Greater Miami Convention &
Visitors Bureau presents to the Mayor, Commission, City. Manager, City of Miami, in
recognition of your leadership and support of travel and tourism successes, National
Travel and Tourism Month, May 21. So, we want to thank you. If we can have a group
picture.
Commissioner Carollo: Yeah.
Vice Chair Russell: We'll come down.
Mr. Talbert: A group hug and a group picture.
Commissioner Diaz de la Portilla: Not a group hug, but a group picture.
Vice Chair Russell: Thank you.
Mr. Talbert: Thank you for listening.
Vice Chair Russell: No. Bill, thank you very much. Thank you for coming. Thank you
for your patience. Thanks for bringing us a gift.
(COMMENTS MADE OFF RECORD)
Vice Chair Russell: Don't forget your vaccinations card. Vaccinated and laminated.
Mr. Talbert: Thankyou.
Vice Chair Russell: Take care and thank you.
Mr. Talbert: Thankyou.
Vice Chair Russell: Thank you very much. Thank you, Mr. Talbert and team.
END OF PERSONAL APPEARANCE
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CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Reyes, Watson
ABSENT: Diaz de la Portilla, Carollo
CA.1 RESOLUTION
8843
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING SEVEN (7) RIGHT-OF-WAY
DEEDS OF DEDICATION, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A", ATTACHED AND INCORPORATED ("DEEDS"),
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-21-0186
This matter was ADOPTED on the Consent Agenda.
Vice Chair Russell: I'd like to batch several items here, unless someone would like to take
something specifically out of order. We have CA.1, PH.1, RE.1, RE.2, RE.4, 5, 6, 7, 8, 9.
That would be the CA (Consent Agenda), PH (Public Hearing) and RE (Resolution)
agendas.
Commissioner Reyes: I move it.
Vice Chair Russell: It's been moved by Commissioner Reyes, seconded by the Chair.
Todd B. Hannon (City Clerk): Chair.
Vice Chair Russell: Yes?
Mr. Hannon: PH 1, RE.1 and RE.5 are four -fifths.
Vice Chair Russell: Yes, and we currently only have a quorum of three, so we will -- if you
could withdraw your motion, Commissioner --
Commissioner Reyes: Yes sit, I will.
Commissioner Reyes: -- we'll just move the three -- those standard majority items. Which
would be all of the PH (Public Hearing), RE (Resolution), and CA (Consent Agenda)
agendas, except for PH 1, RE.1 and RE.5. Is that correct, Commissioner Reyes?
Commissioner Reyes: Yes sir.
Vice Chair Russell: So, moved by Commissioner Reyes. Seconded by the Chair. Is there
any further -- Commissioner Watson? Commissioner Watson we're voting on the CA, PH
and RE agendas except for the four -fifths items. We have a motion and there's a second. Is
there any discussion?
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Commissioner Watson: All RE?
Vice Chair Russell: All of the REs --
Commissioner Watson: Okay.
Vice Chair Russell: -- except Ibr the four -fifths, which are RE.1 and RE.5 we are not
taking up right now.
Commissioner Watson: Okay.
Mr. Hannon: And for the record, RE.3 was deferred earlier.
Vice Chair Russell: Correct.
Commissioner Watson: All right, so move.
Vice Chair Russell: We already have a motion --
Commissioner Watson: Second.
Vice Chair Russell: -- looking for any further discussion. All in favor of the items, say
"aye?"
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed?
Commissioner Reyes: No sir.
Vice Chair Russell: Motion passes. Thank you very much. We'll hold those four -fifths for
when we have at least four commissioners present.
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CA.2 RESOLUTION - Item Pulled from Consen'
8958
Department of Real
Estate and Asset
Management
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A RELEASE OF EASEMENT
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND
LANCELOT MIAMI RIVER, LLC ("LANCELOT"), WHEREBY THE
CITY SHALL RELEASE EASEMENT AREA IV, AS IDENTIFIED IN
THE ACCESS, UTILITY, AND CONSTRUCTION EASEMENT
AGREEMENT DATED DECEMBER 11, 1990, AS AMENDED,
LOCATED UPON THE LANCELOT-OWNED PROPERTY AT 230
SOUTHWEST 3RD STREET ("NEXUS SITE"), AND IN FAVOR OF
THE CITY -OWNED PROPERTY LOCATED AT 444 AND 460
SOUTHWEST 2ND AVENUE ("MRC SITE"), SUBJECT TO AND
CONTINGENT UPON THE EXECUTION OF A TEMPORARY
ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AND FURTHER SUBJECT TO THE ESTABLISHMENT
OF AN ALTERNATIVE MEANS OF ACCESS, AS INDICATED ON
THE ACCESS PLAN ATTACHED AND INCORPORATED AS
EXHIBIT "A", OR OTHER ACCESS PLAN APPROVED BY THE
CITY MANAGER ("ACCESS PLAN") WHICH SHALL BE
CONSTRUCTED IN ORDER TO ENABLE THE CITY TO
CONTINUE TO ACCESS THE PARKING GARAGE ON THE MRC
SITE, AND WHICH SHALL NOT EXCEED A COST OF ONE
MILLION DOLLARS ($1,000,000.00); FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL
OTHER DOCUMENTS AS MAY BE NECESSARY FOR SAID
PURPOSE, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY.
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 CA.2 was deferred to the May 27, 2021, City Commission
Meeting.
Note for the Record: For minutes referencing Item Number CA.2, please see
"Order of the Day."
END OF CONSENT AGENDA
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PH - PUBLIC HEARING
PH.1 RESOLUTION
8970
Commissioners
and Mayor
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 FINDINGS AND
DETERMINATIONS OF THE LIBERTY CITY COMMUNITY
REVITALIZATION TRUST ("TRUST") BY RESOLUTION ADOPTED
MAY 5, 2021 ("TRUST RESOLUTION"), ATTACHED AND
INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE SEALED
BIDDING METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI
("CITY") OR TRUST, PURSUANT TO SECTION 18-85(A) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), AND WAIVING THE REQUIREMENTS FOR SAID
PROCEDURES; APPROVING THE RECOMMENDATIONS AND
FINDINGS OF THE TRUST THAT THE DYNAMIC COMMUNITY
DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT
CORPORATION ("PROVIDER") IS A SUFFICIENTLY QUALIFIED
AND RESPECTED FIRM THAT HAS THE EXPERIENCE AND
PROGRAMMATIC KNOWLEDGE TO COORDINATE AND
IMPLEMENT THE DISTRICT 5 NEIGHBORHOODS OWNER -
OCCUPIED AFFORDABLE HOUSING IMPROVEMENTS GRANT
PROGRAM ("WYNWOOD HOUSING GRANT PROGRAM")
ESTABLISHED BY ORDINANCES 13758, ADOPTED MARCH 22,
2018, AND 13859, ADOPTED SEPTEMBER 12, 2019,
(COLLECTIVELY THE "AUTHORIZING ORDINANCES");
AUTHORIZING THE TRUST TO NEGOTIATE AND EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE PROVIDER
FOR THE COORDINATION AND IMPLEMENTATION OF THE
WYNWOOD HOUSING GRANT PROGRAM FOR A FEE NOT TO
EXCEED FIFTY FOUR THOUSAND DOLLARS ($54,000.00)
PURSUANT TO THE TRUST RESOLUTION AND IN COMPLIANCE
WITH ALL FEDERAL, STATE OF FLORIDA, AND LOCAL LAWS,
THE CHARTER OF THE CITY OF MIAMI, AS AMENDED, THE CITY
CODE, AND THE AUTHORIZING ORDINANCES.
ENACTMENT NUMBER: R-21-0187
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For additional minutes referencing Item Number PH.1, please
see "Public Comments for all Item(s)."
Vice Chair Russell: I'm going to move back to the CA (Consent Agenda) -- I'm sorry,
the PH (Public Hearing) and RE (Resolution) agendas. We had three items that were
four fifths items. PHI, RE.1, and RE.5. Is there a motion on PH.1, RE.1 and RE.5
collectively?
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Commissioner Diaz de la Portilla: So moved.
Commissioner Reyes: Second.
Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by
Commissioner Carollo [sic]. Is there any further discussion? Seeing none, all in favor
say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes on PH.1, RE.1 and RE.5. Thank
you.
END OF PUBLIC HEARING
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RE.1
8932
City Manager's
Office
RE - RESOLUTIONS
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND
SALE AGREEMENT ("AGREEMENT'), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND
CARLOS A. RODRIGUEZ AS SUCCESSOR TRUSTEE OF FLORA
RODRIGUEZ REVOCABLE TRUST FOR THE ACQUISITION OF
REAL PROPERTY LOCATED AT 1641 NORTHWEST 5 STREET,
MIAMI, FLORIDA FOR A PURCHASE PRICE OF ONE MILLION
TWO HUNDRED THIRTY-SIX THOUSAND DOLLARS
($1,236,000.00); FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS
TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE
CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE
SAID ACQUISITION; ALLOCATING FUNDS FROM A SOURCE TO
BE DETERMINED IN AN AMOUNT NOT TO EXCEED ONE
MILLION FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS
($1,425,000.00) TO COVER ALL COSTS OF SAID ACQUISITION,
INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL
REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE
PROPERTY, PROJECT SIGNAGE, AND ALL CLOSING COSTS
ASSOCIATED WITH SAID ACQUISITION, ALL IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THE AGREEMENT.
ENACTMENT NUMBER: R-21-0188
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item Number RE.1, please see Item
Number PH.1.
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RE.2 RESOLUTION
8973
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO SET UP A REVIEW SYSTEM BETWEEN
ALL RELEVANT DEPARTMENTS TO BETTER ENFORCE
EXISTING CITY CODE SECTIONS WHICH DO NOT ALLOW FOR
ISSUANCE OF BUILDING PERMITS TO ANY NON -HOMESTEAD
PROPERTY THAT HAS OUTSTANDING CODE COMPLIANCE
VIOLATIONS, BUILDING VIOLATIONS, LIENS, INVOICES, OR
OTHER MONIES OWED TO THE CITY OF MIAMI; DIRECTING
THE CITY MANAGER TO PROVIDE A REPORT REGARDING ALL
ACTIONS TAKEN PURSUANT TO THIS RESOLUTION TO THE
CITY COMMISSION WITHIN NINETY (90) DAYS.
ENACTMENT NUMBER: R-21-0189
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Reyes, Watson
ABSENT: Diaz de la Portilla, Carollo
Note for the Record: For minutes referencing Item Number RE.2, please see
"Order of the Day" and Item Number CA.1.
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RE.3 RESOLUTION
9016
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ALLOCATE FUNDING ON A REIMBURSEMENT
BASIS IN AN AMOUNT NOT TO EXCEED FIFTEEN MILLION
DOLLARS ($15,000,000.00) FROM THE PROPOSED TRANCHE 2
MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD
VALOREM BONDS FOR FINANCIAL ASSISTANCE THROUGH
THE AFFORDABLE HOUSING MIAMI FOREVER BONDS
PROJECTS STRATEGIES' AFFORDABLE HOMEOWNERSHIP
STRATEGY ("PROGRAM"), ATTACHED AND INCORPORATED AS
EXHIBIT "A"; SUCH ALLOCATION MUST 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 MIAMI
FOREVER BONDS PROJECTS STRATEGIES, THE MIAMI
FOREVER LIMITED AD VALOREM BONDS FINAL VALIDATION
ORDER OF DECEMBER 16, 2019, THE TRANCHE 2
AFFORDABLE HOUSING INTENT TO REIMBURSE RESOLUTION,
AND THE TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING
LIMITED AD VALOREM BONDS, AND THIS ALLOCATION IS IN
ADDITION TO THE AMOUNT PREVIOUSLY ALLOCATED FOR
THE PREVIOUSLY ALLOCATED PROJECTS; FURTHER
DIRECTING THE CITY MANAGER AND THE ADMINISTRATION
TO DEVELOP AND REVISE, AS NECESSARY OR APPROPRIATE,
ANY AND ALL NECESSARY PROGRAM DOCUMENTS, RULES,
REQUIREMENTS, GUIDELINES, AND REGULATIONS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND
COUNSEL, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL,
STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH
FUNDS; THE FORGOING IS SUBJECT TO THE ADMINISTRATION
IDENTIFYING AND PRESENTING TO CITY COMMISSION THE
SPECIFIC PROJECTS FOR THE PROGRAM THAT WILL BE
RECEIVING BOND FUNDS PURSUANT HERETO; PROVIDING
FOR AN EFFECTIVE DATE.
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 RE.3 was deferred to the May 27, 2021, City Commission
Meeting.
Note for the Record: For minutes referencing Item Number RE.3, please see
"Order of the Day."
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RE.4 RESOLUTION
9020
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION
RECOMMENDING THE CITY MANAGER DETERMINE THE
SUFFICIENT NUMBER OF BUILDING AND CODE COMPLIANCE
DEPARTMENT STAFF THAT ARE NEEDED TO EFFICIENTLY
HANDLE THE REAL-TIME COMPLAINTS RECEIVED DURING THE
NIGHT AND WEEKEND SHIFTS, WHICH OCCUR THURSDAY
THROUGH SUNDAY EACH WEEK, TO ADD A SUNDAY
OVERNIGHT SHIFT IN ADDITION TO THE PRESENT THURSDAY,
FRIDAY AND SATURDAY NIGHT SHIFTS, AND TO DETERMINE IF
OTHER DAYS OF THE WEEK SHOULD BE ADDED FOR EVENING
SHIFTS.
ENACTMENT NUMBER: R-21-0190
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Reyes, Watson
ABSENT: Diaz de la Portilla, Carollo
Note for the Record: For minutes referencing Item Number RE.4, please see Item
Number CA.1.
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RE.5 RESOLUTION
9006
Commissioners
and Mayor
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 FOR THE EMERGENCY SELECTION OF KING
& SPALDING, LLP, A FOREIGN LIMITED LIABILITY
PARTNERSHIP PENDING REGISTRATION WITH THE STATE OF
FLORIDA ("K&S"), ATTACHED AND INCORPORATED AS EXHIBIT
"A", PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING
THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS
TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF
FEDERAL LOBBYING SERVICES ("SERVICES") FOR THE CITY;
RETROACTIVELY AUTHORIZING THE CITY MANAGER'S
NEGOTIATION AND SUBSEQUENT EXECUTION OF AN
AGREEMENT WITH K&S FOR THE 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 A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-21-0191
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item Number RE.5, please see Item
Number PH.1.
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RE.6 RESOLUTION
8964
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
CITY MANAGER, THE DEPARTMENT OF CODE COMPLIANCE,
AND THE MIAMI POLICE DEPARTMENT TO BE AWARE OF,
INVESTIGATE AND ENFORCE STATE AND LOCAL LAWS, AS
ALLOWED, WITH REGARD TO THE RENTING, LEASING, AND
OPERATION OF MOTORIZED VEHICLES ("ALTERNATE
VEHICLES") THAT HAVE A DISPLACEMENT OF LESS THAN
FIFTY (50) CUBIC CENTIMETERS.
ENACTMENT NUMBER: R-21-0192
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Reyes, Watson
ABSENT: Diaz de la Portilla, Carollo
Note for the Record: For minutes referencing Item Number RE.6, please see Item
Number CA.1.
RE.7 RESOLUTION
9021
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO ANY AND ALL ACTIONS NECESSARY
TO FACILITATE A WORKSHOP WITH EACH CITY
COMMISSIONER, AND THE OFFICE OF CAPITAL
IMPROVEMENTS, DEPARTMENT OF RESILIENCE AND PUBLIC
WORKS, AND CITY CONSULTANTS FOR THE UPDATE TO THE
STORMWATER MASTER PLAN REGARDING INDIVIDUAL CITY
DISTRICT PRIORITIES PRIOR TO THE FINALIZATION OF THE
STORMWATER MASTER PLAN; FURTHER DIRECTING THE CITY
MANAGER TO BRING THE RESULTS OF THE WORKSHOPS AND
MEETINGS TO THE CITY COMMISSION AT A FUTURE CITY
COMMISSION MEETING, PRIOR TO THE FINALIZATION OF THE
STORMWATER MASTER PLAN AND HELD NO MORE THAN
SIXTY (60) DAYS FROM THE PASSAGE OF THIS RESOLUTION.
ENACTMENT NUMBER: R-21-0193
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Reyes, Watson
ABSENT: Diaz de la Portilla, Carollo
Note for the Record: For additional minutes referencing Item Number RE.7, please
see Item Number CA.1.
Vice Chair Russell: You're recognized.
Commissioner Carollo: On the RE (Resolution) agenda, is there anything left that we
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did not vote in?
Vice Chair Russell: No, sir. We have voted in all items on the RE agenda except for
RE.3 was deferred.
Commissioner Carollo: Okay.
Todd B. Hannon (City Clerk): Chair.
Vice Chair Russell: Yes.
Mr. Hannon: Just for the record, RE.7 there is an amendment to RE.7 in the title
simply where the word "take" needs to be added to the title.
Vice Chair Russell: Take?
Mr. Hannon: Take, T-A-K-E.
Vice Chair Russell: Thank you. Does the mover and seconder agree? We -- we've
already voted on those items.
Mr. Hannon: Yes. But let's go and reconsider and go through the motions if that's --
Vice Chair Russell: Thank you. Can I get a reconsideration of RE.7, is there
Commissioner Carollo: Motion for reconsideration?
Commissioner Diaz de la Portilla: Second.
Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner
Diaz de la Portilla. All in favor say "aye?"
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes. Is there a motion on RE.7?
Commissioner Carollo: Motion.
Commissioner Diaz de la Portilla: Moved. Second.
Vice Chair Russell: Moved by Commissioner Carollo and seconded by Commissioner
Diaz de la Portilla. Does the mover and seconder accept the amendment to --
Commissioner Carollo: Yes.
Vice Chair Russell: -- add the words "take" to the title?
Commissioner Diaz de la Portilla: Yes.
Vice Chair Russell: Thank you very much. Any further discussion? All in favor say
"aye?"
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes --
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Meeting Minutes May 13, 2021
RE.7 RESOLUTION
9021
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO ANY AND ALL ACTIONS NECESSARY
TO FACILITATE A WORKSHOP WITH EACH CITY
COMMISSIONER, AND THE OFFICE OF CAPITAL
IMPROVEMENTS, DEPARTMENT OF RESILIENCE AND PUBLIC
WORKS, AND CITY CONSULTANTS FOR THE UPDATE TO THE
STORMWATER MASTER PLAN REGARDING INDIVIDUAL CITY
DISTRICT PRIORITIES PRIOR TO THE FINALIZATION OF THE
STORMWATER MASTER PLAN; FURTHER DIRECTING THE CITY
MANAGER TO BRING THE RESULTS OF THE WORKSHOPS AND
MEETINGS TO THE CITY COMMISSION AT A FUTURE CITY
COMMISSION MEETING, PRIOR TO THE FINALIZATION OF THE
STORMWATER MASTER PLAN AND HELD NO MORE THAN
SIXTY (60) DAYS FROM THE PASSAGE OF THIS RESOLUTION.
ENACTMENT NUMBER: R-21-0193
MOTION TO: Reconsider
RESULT: RECONSIDERED
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de Ia Fortilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
RE.7 RESOLUTION
9021
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO ANY AND ALL ACTIONS NECESSARY
TO FACILITATE A WORKSHOP WITH EACH CITY
COMMISSIONER, AND THE OFFICE OF CAPITAL
IMPROVEMENTS, DEPARTMENT OF RESILIENCE AND PUBLIC
WORKS, AND CITY CONSULTANTS FOR THE UPDATE TO THE
STORMWATER MASTER PLAN REGARDING INDIVIDUAL CITY
DISTRICT PRIORITIES PRIOR TO THE FINALIZATION OF THE
STORMWATER MASTER PLAN; FURTHER DIRECTING THE CITY
MANAGER TO BRING THE RESULTS OF THE WORKSHOPS AND
MEETINGS TO THE CITY COMMISSION AT A FUTURE CITY
COMMISSION MEETING, PRIOR TO THE FINALIZATION OF THE
STORMWATER MASTER PLAN AND HELD NO MORE THAN
SIXTY (60) DAYS FROM THE PASSAGE OF THIS RESOLUTION.
ENACTMENT NUMBER: R-21-0193
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de Ia Fortilla, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
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Meeting Minutes May 13, 2021
RE.8 RESOLUTION
9024
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER, IN THE NEXT NINETY (90) DAYS, TO
DEVELOP AND IMPLEMENT A TRAINING PROGRAM FOR THE
MIAMI POLICE DEPARTMENT ("MPD") TO PROVIDE
INSTRUCTION CENTERED ON THE GUIDELINES SET FORTH IN
THE INTERNATIONAL CHIEFS OF POLICE ("IACP") PUBLICATION
"PRACTICES IN MODERN POLICING/ POLICING IN VULNERABLE
POPULATIONS" IN ORDER TO IMPROVE UPON HOW THE MPD
RESPONDS TO CALLS FOR SERVICE RELATING TO THE CITY'S
HOMELESS AND VULNERABLE POPULATIONS.
ENACTMENT NUMBER: R-21-0194
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Reyes, Watson
ABSENT: Diaz de la Portilla, Carollo
Note for the Record: For minutes referencing Item Number RE.8, please see Item
Number CA.1.
RE.9 RESOLUTION
9025
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO BEGIN TAKING ALL STEPS
NECESSARY TO REINSTATE AN UPDATED INTERIM
TEMPORARY PARKING PROGRAM INITIALLY INCLUDED IN
SECTION 62-543(4) CHAPTER 62, ARTICLE XIII, DIVISION 4, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS INITIALLY
IMPLEMENTED IN ORDINANCE NO. 13311; FURTHER
DIRECTING THE CITY MANAGER TO BRING LEGISLATION
REINSTATING THE PROGRAM TO THE CITY COMMISSION NO
MORE THAN FORTY-FIVE (45) DAYS FROM THE PASSAGE OF
THIS RESOLUTION.
ENACTMENT NUMBER: R-21-0195
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Reyes, Watson
ABSENT: Diaz de la Portilla, Carollo
Note for the Record: For minutes referencing Item Number RE.9, please see
"Order of the Day" and Item Number CA.1.
END OF RESOLUTIONS
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SR - SECOND READING ORDINANCES
SR.1 ORDINANCE Second 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.
ENACTMENT NUMBER: 13994
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 SR.1,
pleases see "Order of the Day" and "Public Comments for allltem(s)."
Vice Chair Russell: Madam City Attorney, if you could read the ordinances into the
record, both second reading and first reading, except for FR.2, which has been
deferred.
Victoria Mendez (City Attorney): SR.1.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: SR.2.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: SR.3.
The Ordinance was read by title into the public record by the City Attorney.
Vice Chair Russell: Thank you very much.
Ms. Mendez: Those were the SR (Second Reading) only.
Vice Chair Russell: You have another one? Go ahead.
Ms. Mendez: Do I read the FRs (First Reading) --
Vice Chair Russell: Yes, please. Just FR.1.
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Ms. Mendez: FRI.
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 the SR.1, 2, 3 and
FR. 1?
Commissioner Reyes: I move it.
Vice Chair Russell: Moved by Commissioner Reyes, seconded by the Chair.
Commissioner Diaz de la Portilla: I have a question on SR.2.
Vice Chair Russell: Yes.
Commissioner Diaz de la Portilla: SR.2 the --
Vice Chair Russell: Alcoholic beverages, Chapter 4.
Commissioner Diaz de la Portilla: Madam Attorney, is this the issue that deals with
reporting?
Vice Chair Russell: Microphone, please.
Ms. Mendez: Yes. 1 believe that you wanted a potential amendment.
Commissioner Diaz de la Portilla: Well, you were going to do -- you know, tighten the
language, because right now the issue that we had -- this is to do with reporting on
Chapter 985, right? On racketeering, correct?
Ms. Mendez: Yes.
Commissioner Diaz de la Portilla: All right. So tell me -- let me -- let's walk through
it so I get -- so I understand, then you need to tell me what the amendment is that you
drafted, okay? Which departments are impacted by this?
Ms. Mendez.: Code, Building --
Commissioner Diaz de la Portilla: I'm sorry. Can you speak into the microphone?
Code --
Ms. Mendez: Code Enforcement, Building --
Commissioner Diaz de la Portilla: Okay.
Ms. Mendez: -- Fire, Police.
Commissioner Diaz de la Portilla: Uh-huh.
Ms. Mendez: Potentially Solid Waste if they go out.
Commissioner Diaz de la Portilla: Solid Waste.
Ms. Mendez: That's more or less. Maybe we can ask the administration as well to
advise what other --
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Commissioner Diaz de la Portilla: Building. Building. Building.
Ms. Mendez: Yes. I'm sorry if I didn't say Building.
Commissioner Diaz de la Portilla: So, you have Code Compliance, Building, Fire,
Police, potentially Solid Waste, right? And it forces --
Ms. Mendez: Maybe Zoning.
Commissioner Diaz de la Portilla: And Zoning, wow, and 1 asked you yesterday in
briefing, Madam Attorney.
Ms. Mendez: I'm sorry.
Commissioner Diaz de la Portilla: Okay. Are you having good time over there?
Ms. Mendez: No. I'm asking anybody to jump in and there was --
Commissioner Diaz de la Portilla: It's simple. Not hard. It's what we talked about
yesterday in the briefing. How many employees total would now fall under this new
ordinance?
Ms. Mendez: The -- those that were -- that are -- so the way that it's drafted right
now, those that are responsible for those types of inspections like 1 advised yesterday,
there are some people that, you know, are assigned to trees, or are assigned to other
divisions that don't necessarily go out on these task forces. So those are -- so I don't
have the exact number, maybe the manager has --
Commissioner Diaz de la Portilla: Yeah, I asked yesterday in briefing, Mr. Manager,
remember? To give me a total and I'll find it soon, in all fairness to Madam Attorney,
I didn't ask her, right, I think 1 asked everybody in that call. All the building -- all the
department directors should tell me how many employees total -- these five
departments, how many employees are impacted -- will fall under this new ordinance?
Arthur Noriega (City Manager): Yeah. So the number for Building and for Code is
about 80 in total.
Commissioner Diaz de la Portilla: How many?
Mr. Noriega: 80.
Commissioner Diaz de la Portilla: 80?
Mr. Noriega: Yes.
Commissioner Diaz de la Portilla: Okay. Then Police, Fire, Solid Waste?
Mr. Noriega: Those numbers I don't have.
Commissioner Diaz de la Portilla: Okay. So you don't have the numbers?
Mr. Noriega: We talk -- we talked about Building and Code yesterday, butt can get
those for you.
Commissioner Diaz de la Portilla: So, what's the purpose of our briefing? If I ask that
I want some information. for the next day. I want to know --
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Mr. Noriega: We added some elements and some departments cis part of the
conversation today. When we talked yesterday, I was pulling Building and Code.
Commissioner Diaz de la Portilla: Okay.
Mr. Noriega: We just added departments to the conversation today, so I'll get them
for you.
Commissioner Diaz de la Portilla: So, the language that we currently have, and then
we'll talk about the amendment, Madam Attorney. I'm hungry too. We're all hungry. I
have cheeseburgers, if you want, in my office later from BurgerFi, but anyway.
Addresses Chapter 985 and Florida Statute, right? Racketeering, and addresses 562,
the alcoholic beverage statute -- Florida Statute, right?
Ms. Mendez: Correct.
Commissioner Diaz de la Portilla: And in the matter of business of these employees, if
they go out to dinner with their wives, let's say, or their husbands, and they observe a
violation under this -- this new ordinance, are they required to report -- to document
and report this?
Ms. Mendez: So, based on how it's presently drafted, it was drafted to require all City
of Miami employees responsible for performing inspections of businesses licensed to
serve alcoholic beverages. 1 thought as drafted, it handles that issue, but you bring up
interesting points and we can definitely add language. It just says, while on duty and
performing such inspections, which I believe is --
Commissioner Carollo: This is what we requested on second reading --
Commissioner Diaz de la Portilla: Well, no it's not.
Commissioner Carollo: When this came on (UNINTELLIGIBLE). Yes, it was.
Commissioner Diaz de la Portilla: No, I don't -- well, I'm being interrupted again.
I'm asking --
Commissioner Carollo: I'm correcting you.
Commissioner Diaz de la Portilla: No, you're not correcting me. You think you're
correcting rne.
Commissioner Carollo: I know, Senator.
Commissioner Diaz de la Portilla: I have the floor.
Commissioner Carollo: You know it all. I'm sorry. You know it all.
Commissioner Diaz de la Portilla: No, man. But you don't. But you don't. I have the
floor, Mr. Chair? Thank you. Madam Attorney, the racketeering statute, how many of
these employees are familiar with the racketeering -- Florida Statutes 985 that you're
aware of7 Because you're asking him to report something -- on something and
document or report something they're not familiar with, right?
Ms. Mendez: Right. You're correct. Not all of them are familiar. That's why whenever
they suspect that there could be --
Commissioner Diaz de la Portilla: Racketeering taking place?
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Ms. Mendez: Well, when they suspect that there could he criminal issues, they're
supposed to report it to the Manager and the Chief of Police so that they can do --
because for racketeering, you have to do like an appropriate investigation. There has
to be a lot of legwork done to bring these cases together. So, they are obviously not
the ones that would be charged with doing that. It would be the police, and that's why
they would have to report just if they have -- if they see any type of criminal enterprise
or any type of criminal activity, they could report it to the police and then the police
would be charged with developing those bigger cases. That's how it's structured.
Commissioner Diaz de la Portilla: Right, so in essence, that's why I spoke about it
yesterday and you were going to try to tighten that language. In essence, you are
asking people to report about an activity because it says documented report. They
have to document and report, even though somebody else will investigate it, State
Attorney or whatever, or the police, they still have to document and report something
that they know nothing about, right? Because you're not expecting a building official
to know about racketeering laws in Florida, right?
Ms. Mendez: Right.
Commissioner Diaz de la Portilla: And most of them don 't because that's not what
they do. So, my only concern, Commissioner, my only concern was that it was putting
too much of an onus on them, that they would have to report on something they know
nothing about. l just want her to tighten it, to say, "Hey, 1 suspect this. " and then they
report it, not document and report. That was my concern. That is something that, you
know, what building inspector, or what, you know, zoning inspector or code
compliance officer knows about racketeering Florida Statute 985, I don't.
Commissioner Carollo: If someone doesn't know about a statute, they cannot
necessarily report on it if they don't know it. So, they cannot report on something that
they do not understand. First -- secondly of all, the way this ordinance was made, the
arrests are not going to be made in the racketeering because you cannot make an
arrest in a racketeering statute. That has to be more intense, and a case has to be
built up, and that's in the ordinance. The arrest that will be made, will be made solely
on the issues that we put here that are pretty cut and dry and that anyone that we're
sending out to these places should be very well -versed in them. The racketeering is the
part that people that are more studious of the subject in the police department will be
the ones that look into it and see if there is a case for it or not. Many times it's very
difficult to prove racketeering. Other times might not be as hard. If they keep opening
up in different places and you see other illegal type of activities connected to them,
then there might be a cause for racketeering. So I am ready to vote on this and get it
done because this is going to put a bite into the whole issue of places opening up that
shouldn't be open, places making tens of thousands of dollars in a night in illegal
activities that are not licensed, and it will give the police clear instructions of what
has to be done and together with the other ordinance that we passed with the fines
involved, I think this is going to guarantee that -- real quick, the people that are doing
this in our city, are going to go somewhere else and it's not going to be in the city of
Miami.
Vice Chair Russell: Thank you.
[Later...
Vice Chair Russell: Now, is there a motion on SR.1, SR.3, and FR.1 ?
Commissioner Diaz de la Portilla: So moved.
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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?
Commissioner Watson: Let me ask --
Commissioner Carollo: Which was --
Vice Chair Russell: This is --
Commissioner Carollo: SR.1 and SR.3?
Vice Chair Russell: Yes, and FR.1.
Commissioner Carollo: FR.1, okay.
Vice Chair Russell: Commissioner Watson, you're recognized.
Commissioner Watson: No. l just want to ask a quick question in reference to the
pictures we saw earlier for the park, who negotiated that? Was that park staff? There
was something -- was there an action?
Vice Chair Russell: Yes. So this is five or six years ago. This was a public benefits
agreement negotiated between the Planning Department and the developer for an
investment in the park for, I believe, $2.5 million, which earned them a credit on their
public benefits. And so, they and the community were involved in the design of the
park, wasn't without controversy. They were looking to put in other amenities as well
as such as a dog park, the community was opposed. This was the end result of what
ended up there. And that's the basics that 1 recall.
Commissioner Watson: Okay. Thank you.
Vice Chair Russell: Thank you. For my, part, the Milton family reached out during the
pandemic. They didn't ask for credit on this. That park issue was certainly a
negotiation with the City. But in March, the moment that the pandemic hit, the Milton
family reached out to me and said, "We have 300 apartments that we would like to
offer to first responders to stay for free during the pandemic." One, if they're
traveling and they're wanting to help our community, or two, if they're simply truing
to stay away from their families while they are exposed in hospitals. And they offered
those apartments for as long as first responders needed it. And that was a very
generous act for which they did not seek attention or, you know, credit. And so, I just
wanted to thank them now publicly for doing that. And, of course, for the investment
in our parks, which is something that's very important to me to make them very
accessible to all. That park is very ADA (American Disabilities Act) accessible; it has
a bay walk. Some feel there's more concrete than there should be on that bay walk,
some like it, and so obviously everyone has their opinion. But it is a more accessible
park now with a lot more amenities and a playground for kids. And so, I am in
support of how the park has turned out and I do appreciate the investment. Is there
any further discussion on SR. I, SR.3, and FR.1 ? Hearing none, all in favor say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any, opposed? Motion passes. Thank you.
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SR.2 ORDINANCE Second Reading
8908
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC
BEVERAGES", MORE PARTICULARLY BY AMENDING SECTION
4-2 TO ADD NEW DEFINITIONS AND ADDING NEW SECTION 4-
14 TO REQUIRE ALL CITY OF MIAMI EMPLOYEES
RESPONSIBLE FOR PERFORMING INSPECTIONS OF
BUSINESSES LICENSED TO SERVE ALCOHOLIC BEVERAGES
TO IMMEDIATELY DOCUMENT AND REPORT VIOLATIONS OF
CHAPTER 4 OF THE CITY CODE, CHAPTER 562 FLORIDA
STATUES RELATING TO ALCOHOLIC BEVERAGE
ENFORCEMENT, AND CHAPTER 895 FLORIDA STATUTES
RELATING TO RACKETEERING TO THE APPROPRIATE
AUTHORITY; AND ARRESTS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
ENACTMENT NUMBER: 13995
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Carollo, Reyes, Watson
NAYS: Diaz de la Portilla
Note for the Record: For additional minutes referencing Item Number SR.2, please
see Item Number SR.1.
Vice Chair Russell: Chair removes his second so that we can take this item on its own.
Is there a motion on SR.2, please?
Commissioner Carollo: The motion.
Commissioner Reyes: Second.
Vice Chair Russell: The motion by Commissioner Carollo on SR.2. Seconded by
Commissioner Reyes. Is there further discussion? Hearing none, all in favor say
"aye."
Commissioner Carollo: Aye
Commissioner Reyes: Aye.
Vice Chair Russell: Any opposed?
Commissioner Diaz de la Portilla: No.
Vice Chair Russell: Motion passes 4-1. Thank you.
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SR.3 ORDINANCE Second Reading
8065
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR
VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS
DISTRICT, DESIGN DISTRICT AND WYNWOOD PARKING
IMPROVEMENT TRUST FUNDS"; MORE PARTICULARLY BY
AMENDING SECTIONS 35-220 OF THE CITY CODE, TITLED
"REQUIRED OFF-STREET PARKING AND PAYMENT IN LIEU OF
REQUIRED OFF-STREET PARKING", AND BY ESTABLISHING
NEW SECTION 35-233, TITLED "WYNWOOD NORTE PARKING
IMPROVEMENT TRUST FUND, INTENT -ESTABLISHED",
SECTION 35-234 OF THE CITY CODE, TITLED "FUNDS MADE
AVAILABLE; FINANCIAL REPORT", SECTION 35-235 OF THE
CITY CODE, TITLED "SCHEDULE OF FEES AND CHARGES FOR
WYNWOOD NORTE PARKING TRUST FUND", AND SECTION 35-
236 OF THE CITY CODE, TITLED "PARKING WAIVER
CERTIFICATES; REVOCATION; REFUNDS", TO ESTABLISH THE
WYNWOOD NORTE PARKING TRUST FUND; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
ENACTMENT NUMBER: 13996
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 minutes referencing Item Number SR.3, please see "Order
of the Day", "Public Comments for all Item(s) , and Item Number SR.1.
END OF SECOND READING ORDINANCES
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FR- FIRST READING ORDINANCES
FR.1 ORDINANCE First Reading
8950
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING
IN ITS ENTIRETY CHAPTER 2/ARTICLE XI/DIVISION 9 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/ADVISORY COMMITTEE ON ELEVATE MIAMI";
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item Number FR.1, please see Item
Number SR.1.
FR.2 ORDINANCE First Reading
9022
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 31
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS
BUSINESS REGULATIONS," CREATING ARTICLE V, TITLED
"HOURLY HOTEL/MOTEL RENTALS," PROHIBITING HOTELS AND
MOTELS LOCATED IN THE CITY OF MIAMI FROM RENTING
HOTEL AND MOTEL ROOMS ON AN HOURLY BASIS; MORE
PARTICULARLY BY CREATING SECTION 31-88, TITLED
"HOTEL/MOTEL HOURLY RENTALS PROHIBITED"; SECTION 31-
89, TITLED "PENALTIES"; SECTION 31-90 TITLED "CUMULATIVE
REMEDIES"; SECTION 31-91, TITLED "IMMUNITY"; SECTION 31-
92, TITLED "SEVERABILITY OF ORDINANCE"; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Carollo, Reyes, Watson
NAYS: Diaz de la Portilla
Note for the Record: Item FR.1 was deferred to the June 24, 2021, City Commission
Meeting.
Note for the Record: For additional minutes referencing Item Number FR.2, please
see "Order of the Day."
Commissioner Reyes: All right. I don't know if this is the moment for me to ask for
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deferral.
Vice Chair Russell: Yes.
Commissioner Reyes: And I want to start -- before I start -- I ask for this deferral. I
want to thank the commissioner for bringing the issue of prostitution and -- well,
that's an issue that we -- that's a conversation that we have to have, and those of us
that live in Flagami around 8th Street, we have noticed and through the years, we
have had a lot of problems with girls that will walk in the streets. And I would like to -
- I paean, when I saw this ordinance, you see, I started looking at all the data and all
the statistics 1 and -- I placed a call to the office of the attorney -- State Attorney
Katherine Fernandez Rundle. And because it does not address our main problem, the
main problem that we have. I'm not saying -- not going to talk in against or in
favor of this ordinance but what I'm saying is it does not affect the biggest problem
that we have. And the biggest problem that we have are that those girls that are
walking in the streets, they don't go into a motel, you see? They go into our
neighborhood, and we have my neighborhood which is north of Calle Ocho and also
some of the motels, that they had been suffering from sexual activity on their swales.
We have -- we've been talking and trying to get the police and now that we have a
new mayor in Coral Gables, I'm hoping that we can really develop a comprehensive
plan where we could be more aggressive on policing and enforcing the law and trying
to get rid of that nuisance that affects my -- one of my neighborhoods. So, State
Attorney Kathy Fernandez Rundle, and ourself we talked about a lot of different
things that could be added to this ordinance, and she would like some of -- as well as
1, some time to work out some details in this legislation with her and her office, and
it's going to be only for a meeting, a couple of meetings and that's it. And let's by to
work it out and she wants to be part of this, and she wants to have some input, so I
was asking for a deferral.
Vice Chair Russell: Deferral of FR.2 to what date?
Commissioner Reyes: Give me a month.
Vice Chair Russell: What's you --
Commissioner Reyes: I mean for June.
Commissioner Diaz de la Portilla: Mr. Chairman.
Vice Chair Russell: You want first meeting or second meeting? I'll recognize you in
just a second.
Commissioner Reyes: Second meeting.
Vice Chair Russell: Second meeting in June. Commissioner Diaz de la Portilla,
you're recognized?
Commissioner Reyes: Just in deference to the state I mean --
Commissioner Diaz de la Portilla: I'm going --
Commissioner Reyes: -- State Attorney.
Commissioner Diaz de la Portilla: -- thank you, Commissioner, and I know it impacts
your district. It impacts all districts, but it impacts your district as the girls that are
being trafficked and the prostitution and the drug sales and everything that's taking
place at these motels and around these motels impacts all districts and all Miamians.
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I'm going to argue against the deferral.
Commissioner Reyes: Okay.
Commissioner Diaz de la Portilla: I think that we have plenty of time to fix it between
-- to fix or to add things to it between first reading and second reading. We also have
about three amendments that we're adding. We hope to add today with the
Commission's approval, obviously, that will address additional concerns that we have
that were brought up by the City Council meeting that Hialeah held a few days ago.
As you know, we have some speakers here today, important leaders in our community
that have led this effort for years. We have Mayor Vince Lago here, newly elected
Mayor Vince Lago, congratulations on your recent election, Mayor. We have Oscar
de la Rosa, Hialeah Council member who's been fighting this good fight up in
Hialeah. We have Ms. Avra Jain who has developed and re -developed motels along
Biscayne Boulevard. You know, Commissioner Russell, there was a very, very
distressed area for many, many years. And her involvement and participation in that
part of our city helped improve a lot of people in that part of the city. And we have
other people that are being impacted on a daily basis. To continue to delay an issue
or to try to delay an issue today or defer that's been taking place in our community
under our very noses is for not years, but decades, decades, and has not been
addressed in the last, I believe, five or six years when Commissioners Suarez -- then
Commissioner Suarez, now Mayor Suarez, addressed the issue before this body as a
commissioner, is to risk the lives, the future, of young girls in particular, that are
being abused on a daily basis, not only inside these motels but around them. There's
been report after report in the news media over the years, over the decades, of people
that have been murdered, sexually trafficked, drug deals, prostitution, of course,
minors. Things that are very serious in our city, much more serious than other issues
that this commission has tackled. We spent hours talking about zoning matters, about
the size or the height of a building or the density of a building. And we need to
dedicate time and effort and really deal with the issues that impact our city at its very
core, its very fiber. This is an issue that needs to be addressed. If in fact, there are
great ideas that need to be offered, I welcome that. I welcome every commissioner's
participation. It impacts all our districts. Every single district is impacted by this
issue.
Commissioner Reyes: Okay.
Commissioner Diaz de la Portilla: It impacts, beyond the city of Miami. That's why
for the first time, we've had -- Coral Gables passed it first under the leadership of
Commissioner Lago, now Mayor. Hialeah passed it in first reading. They tabled it on
some parliamentary maneuver a few days ago, which is a way to sidestep the issue
and not to deal with a very serious issue that's impacting our community. This is not a
minor issue. This is a major issue in our city. And I think it deserves the debate and
deserves it today. I don't want to wake up tomorrow morning and find out that
something bad happened in some Flagami motel, Little Havana motel, Allapattah
motel, we have then all over the place. And we need to address this issue. At last
count, and the number may be wrong because we had -- I had my staff drive around
and tried to identify them, not all of them are easily identifiable, all -- a lot of them --
the hedges are very high, they have walls built around them. You can't see them from
the outside, for obvious reasons. As you know, as I said earlier, the news media has
done a tremendous amount of a reporting on this. So this is an issue that I prefer,
Commissioner Reyes, with -- that we talk about it today, that we at least move forward
in the fractional rentals.
Commissioner Reyes: Okay.
Commissioner Diaz de la Portilla: And then we, you know, can add in the next,
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between first reading and second reading additional measures. I do agree with you
that, for example, there are things such as, that we're going to try to amend today and
we, you know, if we can find consensus in this Commission, cash payments -- maybe
require credit card payments, I'm waiting for the City Attorney to give us the green
light -- the legal green light on that, to require credit card payments. There's not a
single motel or hotel other than these places that you can go to today, whether it's a
Motel 6, Travelodge, or a Ritz -Carlton, Four Seasons, that they don't require a credit
card. You cannot check in to a Travelodge at 29.99 in Tallahassee or at Ritz -Carlton
at 799 South Beach without giving a credit card and an ID. So these are things that
we will require, or we would like to require with all hotels or motels to abide by
Chapter 509 of Florida Statute to make sure that this is not in any way, shape, or
form, you know, supersede any Florida Statute. We're not allowed to do that, but it
does in fact augment and make our citizens safer. There is no doubt, Commissioner
Reyes, you know, because you -- you'll -- you've seen it in your district, because
that's that strip, but it also happened in, I believe, now Commissioner Watson's
district where it was 79th Street and Biscayne and between 65th and 79th Street on
Biscayne many years ago. And Ms. Jain and others, but Ms. Jain really led the effort,
and she led the effort not only through private involvement, which we're going to
require in our effort to really get rid of the scourge that's destroying, destroying
women and children in many cases, the very fabric, moral fabric of our society and
our city. But it was also -- she used historic preservation funds to help her re -develop
some of those places like The Vagabond and 1 think you bought seven or eight, Ms.
Jain. And so, entrepreneurs will come in and they'll invest. And these motels can be
repurposed for other activity that's also profitable. So, we -- I want to have the
debate, I want to hear from the leaders in other cities that are doing it, and my goal,
and I know I've spoken to Mayor Lago and Commissioner De la Rosa and other
leaders in other cities, that our goal is to take this countywide, to every corner of this
county, and then take it statewide to every corner of the state. This has to end. Florida
and this part of Miami cannot have -- it will always be the same as, you know -- it's
not only the motels, it's the activity that occurs on 7th Street and 6th Street and 5th
Street behind the motels because a lot of the people -- the girls all congregate in that
area, right? But they -- not everybody wants to pay the motel. So they go to the dark
corners of those streets where the residents live, and in the morning, they wake up and
the kids are walking, going to school, getting the bus, and what do they find on the
ground on the pavement? They find condoms, used condoms, they find liquor bottles,
and the list goes on and on and on and on. I don't want a 6 or 7-year-old child finding
a used condom on the floor, going to -- to catch his bus.
Vice Chair Russell: Commissioner, just --
Commissioner Diaz de la Portilla: Hold on, I'm done --
Vice Chair Russell: We're not trying to get into the substance of the issue at the
moment --
Commissioner Diaz de la Portilla: No. I know but --
Vice Chair Russell: -- we're just try to set the agenda.
Commissioner Diaz de la Portilla: -- I'm giving the overall -- believe ,'ne, I have a lot
more to say. That's only the beginning. I have a lot of examples and we have a lot of
testimony and it's going to --
Vice Chair Russell: Right, so let's not take up --
Commissioner Diaz de la Portilla: -- it can be a prolonged debate. I -- hold on.
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Vice Chair Russell: -- the substance of the item. 1 think --
Commissioner Diaz de la Portilla: I want to make sure 1 lay the groundwork, why it's
important not to delay --
Vice Chair Russell: Understood.
Commissioner Diaz de la Portilla: -- this one more day.
Vice Chair Russell: Understood.
Commissioner Diaz de la Portilla: So, if the Commissioner would acquiesce and
allow it to be heard today, Commissioner, and we move forward and then I work with
the office --
Commissioner Reyes: Yes. And I don 't want to start and -- in a -- I mean, arguing the
number of the incidents that happened there and all of that. What I'm asking is a more
comprehensive plan because what we're going to do now, we're just going to --
mean, we're going to make a legislation that is going to affect not only those motels,
we have -- there are other areas. If you go to -- they use (UNINTELLIGIBLE) and
that is something that we wanted to see, too. Also, that they have -- there are three
hotels that offer partial day rental. And those type of issues are the ones that we want
also to clear out. Clear out what can be done -- before, when you mentioned those
hotels in Biscayne Boulevard, and we use the tools that we have which was nuisance
abatement and we were very aggressive against the prostitution doing business in
that area, and finally, we got rid of it. That's the only thing that 1 am asking. I'm
asking just for time to work together because we need, definitely, we need the legal
system in this, we need our judicial system that -- to be part of this. And that's why
Kathy Fernandez Rundle, our State Attorney, she wants to have time just to read it
and give us her input and her opinion. You see, we have the hotel, for example, and
pretty close to -- Kimpton EPIC Hotel, they have -- they have you can rent from 3:00
to 9:00. And right here Mutiny hotel and you have from 8: 00 to 2:00 and to 2:00 to
9:00, you see? They are partially renting, you see? Maybe we can work something out
that we don't hurt these people also, you see? Or that we establish certain limitations
on what they're going to do. And that's the only thing that I'm asking, I'm not asking
to do away with your idea. I don't have anything against Lago or anybody else. Now
that Lago is the Mayor, I want him to work, I know the way that he feels, I want his
police to work with our police since we have a MOU (Memorandum of
Understanding), you see? I mean, to start -- I mean, actively patrolling, even the
streets when our patrols cannot be here -- cannot go, go into our streets and if they
see a car that is parked, just stop and see what they are doing there because I know
how my residents feel, you see? I want to -- what I want to do is make a more
complete -- I mean, and then everybody said, "Oh, well, between first and second."
Let's start in the right foot, man.
Commissioner Diaz de la Portilla: No.
Commissioner Reyes: I mean, it's only -- I mean, this is not that it requires an
immediance [sic] -- I mean, this is between a month or a couple of weeks. It's not
going to hurt us, okay? I mean, that is -- that's why -- the only thing that I'm asking is
a little time in deference to the State Attorney that we will go and sit down and say,
"Listen, let's start working. What do you think? What should we add? What should
we delete? How can you be an active participant in this?" and so we have a
comprehensive plan and -- to deal with this big problem that affects our society, and it
have been affecting mankind since the biblical time, you see?
Vice Chair Russell: Thank you, Commissioner Reyes.
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Commissioner Reyes: Okay. And that is the only thing that I'm asking and ifI --
Vice Chair Russell: Understood.
Commissioner Reyes: -- I would make a motion to defer it, you see?
Commissioner Carollo: I will second that, Commissioner --
Commissioner Diaz de la Portilla: And I will --
Commissioner Carollo: -- have a discussion.
Vice Chair Russell: Thank you. There's been a motion, there's been a second to defer
item FR.2 to June 24th.
Commissioner Carollo: Okay --
Vice Chair Russell: Open for discussion and --
Commissioner Carollo: -- ifI can --
Vice Chair Russell: -- just a moment, Commissioner. I realize in this discussion I
remiss in my responsibility to recognize our newly elected neighboring Mayor, Vince
Logo, thank you for joining us and I'll certainly recognize you in just a moment.
Commissioner, Carollo, you're recognized.
Commissioner Carollo: Thank you, Chair. Mr. Manager, is the police chief here?
Arthur Noriega (City Manager): I believe he may not be here yet, but I — we do have
the assistant chief here.
Commissioner Carollo: Who do we have?
Mr. Noriega: They're in the back. Let me get him.
Commissioner Carollo: Bottom line is in items like this. We should always have --
Commissioner Reyes: Yeah.
Commissioner Carollo: -- personnel from the Police Department. Gentlemen, through
the Manager, I would like the Department to provide to us, before this comes up again
in June, a report of any and all -- we can go back, 20 years back, if you could go that
far back; if not, as far back as you possibly can -- a report on all hotels, motels in the
city of Miami that one, you know, sell rooms in partial hours, whether it's by the hour,
by the quarter of a day, by the half -a -day. If we could get a report of that. Two, I
would like a report on how many actual arrests have we made on prostitution, one.
Secondly, narcotics, on all motel, hotels in the city of Miami. And when I say the
establishments, I'm talking about in the lobby, in the rooms, in property that belonged
to those establishments. Secondary, on the area of prostitution, outside for the same
time span, outside hotels, motels, I would like to have how many prostitution arrests
have we made by the year for the last 20 years or so in the City of Miami. And if you
could break them down to the smallest zones that we possibly could have or
neighborhoods. What I'm trying to establish is, and I can only do that with
information that I don 't have, is do we have a problem in the city of Miami, where we
have active prostitution that is creating a problem in any of our hotels, motels,
whether it's low rental hotel per day or a very expensive hotel in the city of Miami. I
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don't want to create law or additional law to give the perception, just when we're
opening up Miami again, that we have problems inside our hotels that we might not
have. Furthermore, and this is the reason that I'm asking. Not just in hotels but in
anywhere in the city, I suspect that a big portion of the problem that we might have in
any kind of these types of arrests, is that we haven't had the enforcement arm. We
could put in -- since I've been here, I've seen all kinds of laws that we've had for
many, things. The problem hasn't been the laws that we have in the books or the lack
of them, the problem has been the enforcement. So, I want to make sure that we do
have a problem and then if we do, we address it. If we don't have a problem in the
area that I've been hearing, in renting hotels, motels, by partial time that doesn 't
come to a full day, then 1 don't want to give the impression to anybody that comes into
our city that we do have a problem if we don't. What this requires is a lot more of
what I'm hearing. I'm hearing only on establishments that charge by the hour or by
partial time. Well, it's the list of all kinds of places in Miami, in greater Miami -Dade,
that don't charge for a full day, and you'd be surprised, it's some of the top hotels.
Right across the street in the new Mutiny, not the old one, they charge on partial days
according to what information I got from the internet, and there are many other
places and big -name hotels that we have in the city, in the greater Miami -Dade. What
I want to do is create an ordinance that will address prostitution as a whole, so that
we to, to clear from our streets, our buildings -- by that I mean the hotels, the motels,
and frankly, all these rentals that we have -- as much as we can. At the same time, we
need to include in this ordinance something that has been the magnet for many of the
problems that I've heard, that we've thrown out here today, the traffic inside, and
that's the massage parlors that we have. We have certain ordinance, but who enforces
them? I don't know when's the last time that we've had police or code go inside these
places, that the first and most of them do is block all the view from the front. So this
has to be looked upon, and this is why I'm very happy to hear that the State Attorney
wants to get involved in this. This has to be an ordinance that goes way beyond what
is being proposed here today, because that in itself is not a solution. In my mind, any
John, or should I say any pimp, can rent a room all day and be given the key, and they
save money, actually. So I'm not sure in this what I want from the police department,
too. I want the police department to give us your professional opinion. First, if we
have a problem. If we do, what's the best way to go about it to resolve it? Two, let's
look at the areas that we might have potential problems, in addition to what's been
brought here as a possibility that we need to address. One of the biggest sources of
trafficking in our country are massage parlors. And it's rare that we hear anything
about any enforcement in the city of Miami. And they're popping up everywhere. So, if
we could get something comprehensive with recommendations from the police
department, I would be very much appreciative. Because I -- beyond what
Commissioner Reyes requested after speaking to the State Attorney, there are many
other issues that we have to look at, because whatever ordinance we do has to go
much wider and deeper than anything that we've heard here so far. And the last thing
I want to do is give the impression that we have a problem where we don't have a
problem. Let's look at the areas where we do have a problem. For instance, we
recently passed on second reading, an ordinance, that is putting the violation amounts
to a level that is not a tip anymore. A thousand per day for people that we catch with
illegal bars, serving illegal alcohol, and, for the second time, up to $5,000 a day in
fines. It's still, frankly, not enough for what they make in one night alone. This is the
best we could do, and now at least they feel a little pinch. Today, in second reading,
we put the real bite into the series of ordinance that we come up with and that's the
arrest factor. The second reading today, in the ordinance that we have that passed the
first reading, we will, not maybe, we're going to think about it, will be making an
arrest in establishments like this. Whether they're entrepreneurs or not, they're going
to be arrested. If they don't have a CU (Certificate of Use). They're serving liquor
without license. They don't have tax license. They're operating illegally within our
city. And I will tell you if any of you have looked at those pictures, the girls that I saw,
in the pictures were dressed much worse than any hooker that you can see in the city
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of Miami in a small hotel or the Ritz -Carlton or at the EAST. Sonze of the other places
and pictures that we had, people were only in underwears [sic]. In another place, it
was clear that they were filming pornography with the -- small bed they had, with the
video camera they had there, and the way the bed looked, and the condoms that you
could see were thrown around. So, we need to come up with a very comprehensive
ordinance or set of ordinances that would protect our residents the most, not just
throw something out there that's not going to do anything at the end. If we're going to
take action, let's take action that will mean something, that will have an effect in
protecting our residents and protecting their quality of life. Not just vote for
something, give a press conference of what a great thing we did, and at the end it
didn't accomplish anything. 1 want to make sure that whatever we do is because there
is a need to do something and that we are going to put a bite into the ordinance and
have an effect.
Vice Chair Russell: Thank you, Commissioner --
Commissioner Reyes: Mr. Chair --
Vice Chair Russell: Before we -- just a moment --
Commissioner Diaz de la Portilla: I'm sorry.
Vice Chair Russell: There's a couple of commissioners who want to speak and before
the Police Department responds, if they need to. Again, we're getting very deep into
the substance of the issue, where the real issue at this moment is whether or not to
take this item up on our agenda today. So just from a procedural perspective, this is a
four -fifths item, Commissioner. So clearly, you're going to need the support of at least
four -- three other commissioners to see this through. And you already have two
commissioners asking for the fourth --
Commissioner Diaz de la Portilla: No, no, no, no, no, no, we're having a debate --
Vice Chair Russell: So --
Commissioner Diaz de la Portilla: No, no, no --
Vice Chair Russell: This is -- I'm just putting it to you in --
Commissioner Diaz de la Portilla: No, but I'm fully aware of parliamentary
procedure because I've been around here a long time and on government --
Vice Chair Russell: Clearly. So I'm trying to move forward the discussion --
Commissioner Diaz de la Portilla: -- but are we going to have more discussion --
Commissioner Carollo --
Vice Chair Russell.• Commissioner --
Commissioner Diaz de la Portilla: -- has brought up a number of the issues,
Chairman.
Vice Chair Russell: And I'll let you respond --
Commissioner Diaz de la Portilla: Okay. I'm waiting.
Vice Chair Russell: -- you're going to let me speak, please.
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Commissioner Diaz de la Portilla: Well, I will.
Vice Chair Russell: So, all we're trying to do here is establish whether or not the will
is here to defer the item or not, or to leave it on the agenda for much further deeper
discussion today. We can always defer it that time as well, or we can defer it right
now. Clearly, the votes aren't here to pass the item today because two are already --
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: -- wanting to push it. You're recognized. And then Commissioner
Reyes.
Commissioner Diaz de la Portilla: We had -- Commissioner Carollo went on a long,
long explanation of why this is not needed. So he clearly got into the substance of the
issue that we're debating. So, obviously I'm entitled to counter that and talk about
why we should not defer it anymore. I think though, this issue has been around for a
long, long time, decades. It's obvious, and if it's not, then I don't know where people
are looking. It obvious to every thinking person in this city that what we're talking
about here, what the problem is. We don 't need to confer with the State Attorney. I'm
going to hear from Chief Morales, who has, I think, some comments to make in a little
bit. But we don't need to confer with the players or special interests that are involved
in stopping or trying to stop this legislation as they did a few days ago in Hialeah. We
know there's a problem and everyone knows. And no matter how many people try to
muddy the waters or turn a blind eye to a serious problem in Miami and try to confuse
the issue with the Ritz -Carlton or the Mutiny, everybody here knows we're not talking
about the Ritz -Carlton or the Mutiny or other -- or the Holiday Inn. Everyone here
knows we're talking about 17 motels, my count. There may be more that I have not
found, that specifically cater to this kind of clientele. We know there's, I believe, eight
in Flagami, there's like four in Little Havana, two in Allapattah and other areas. The
total is, I think 17, was the last count that we had. Everyone knows that these motels
operate in cash, not with credit card. Everyone knows that they're venues for
prostitution, not to say that the owners are engaged in that kind of activity, but that
the activity takes place inside those properties and around those properties. So, they
bring that kind of element, that kind of environment to that area -- to those areas.
Everyone knows that they have hedges that go 12 feet and walls that close them out.
Everyone knows the names of these places -- which, I don't name names. I'm not in
the naming -name business. I never have been, never will be. But we know what we're
talking about. We don't need to confer, which I will anyway, that was my plan, to
confer with the State Attorney with others, and with industry leaders, Mr. Talbot and
others, about how we not impact the good actors. This is simply a first step. No one
ever said it is a comprehensive plan to address the issue. Nor is this an attempt to, you
know, solve a societal ill. Of course not. It is a first step in many steps. In fact, I'm
already drafting -- I started last week, what I was going to do at the next Commission
meeting -- drafting an ordinance that would limit the number of hours that oriental
massage places or massage parlors would operate. Right now they're operating until
11 o'clock, midnight. So that would limit the hours to nine to five. And I think that will
go -- that goes a long way in helping to address the problem. When we wait for these
comprehensive packages that never come -- because they could have come 2 years
ago, 4 years ago, 10 years ago, 30 years ago, they never come. Some special interest
gets in the way. And that's what we're seeing here today. Some special interest
getting in the way. They're very small special interests with very big cash business.
Prominent lawyers working on their behalf because they want to continue that
business model. And as a government, as public policymakers, that business model
can no longer be part of anything that has to do with Miami. No one, as we reopen the
economy that's coming to Miami, in a reopened economy, Commissioner Carollo, no
one is going to these motels. They're not going to say, "We're not going to come to
Miami because there's an ordinance that doesn't allow. fractional daily rentals."
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They're going to come to the Ritz -Carlton and come take a cruise ship in mid -July.
They're going to come to Miami because Miami is Miami and for the right reasons.
They're not going to come to Miami to go solicit a prostitute and pay one hour -- $10
an hour for a motel room. Those are -- most of those people are local. It's a different
audience, a different clientele, it will not impact our economy in any way, shape, or
form. The notion that you let the perfect get in the way of the good is a common
argument. We used to call it in Tallahassee, let's love it to death. Let's put so many,
amendments and so many things on this issue that we're going to love it to death.
We're going to kill it with all these beautiful ideas that so far -- I've been here a year -
and -a -half, no one has proposed an ordinance or a resolution, not this Commission,
the previous commission. The previous, it was Commissioner Suarez who did it, but it
didn't even get -- I don't know, Madani Attorney, you never answered my question
yesterday whether it even got to the floor, 1 mean, to the dais.
Victoria Mendez (City Attorney): No, it didn't come to commission.
Commissioner Diaz de la Portilla: The special interest influence is so strong that it
didn't even make it to a vote -- didn't even make it to a vote, five years ago, six years
ago?
Ms. Mendez: I believe it was 2016.
Commissioner Diaz de la Portilla: 2016. Wow, five years ago. Never even made it to
a vote because the argument that Commissioner Carollo was making, one of the many
arguments that he made, that we haven't addressed, that we don 't know, that it's not
really happening, that we don't have data, it's not data -driven --just read the
newspaper. Newspapers going back to way before when you were mayor and before
you were mayor. Other mayors, through Ferre, and through you, and through Manny
Diaz, and Tomas Regalado, and the list goes on. This issue, especially, in the Flagami
area, well, back then it was not your district -- it used to be a district before it was
redistricted, and I think it's Commissioner Watson's district, on Biscayne Boulevard.
This has been an ongoing problem. The fractional rentals have been shown to be a
big -- a big part of their business model. That's what they do. The way we sought to
address one of your concerns, I listed seven that you listed. To address just one of
them, that you say somebody had come in and rented for 24 hours so people would
come in and out, not ever require ID for who's staying in the hotel, and you scan them
and a credit card. Because then the police has the law enforcement tools to track
those people down that they need. No cash, credit card. How many people in the
room, two people? The third person come in, they have to register and give an ID. A
Florida driver's license or a Florida ID or a legitimate ID or passport, whatever, and
they show it, and then when they go in and they find out what's going on, they know
who they are. They have ATM machines inside these motels for obvious reasons. They
want to pull cash inside the motels. And it says -- it's not that the Ritz -Carlton doesn't
have an ATM machine, it does, but this one says, `ATM Machine Inside" real big on
the outside to make sure -- they do that in casinos too, to make sure people pull cash
and spend it there. So, there's a long list -- again, to respect what you said, not to go
into too many of the details that -- about the issue itself but we have to because
Commissioner Carollo went into them, and I have an answer for every single one that
he brought up. And I have other things I will propose moving forward that will deal
with cash -- elimination of cash payment and only, require credit card payment, IDs,
that they be scanned, that the closed caption or the cameras be allowed to -- you
know, not to be erased for 30 days. They're not grainy, good quality, so we can have
video of what happens there. The police comes in many times, they find out, "Hey,
there's no video available to us because we taped over it or we -- it's grainy and you
can't see it, or the camera was off" and we can have stiff penalties, as you said,
Commissioner Carollo, for violations of these new statutes or these new resolution or
ordinances we're going to put into place here as we move forward. Of course, we're
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going to talk to our State Attorney. Of course, we're going to talk to all the players,
law enforcement. Of course, we're going to talk to the industry players because they
maybe want to -- there are some good actors and bad actors like in any industry,
right? So, we want to talk to them. We want to get their input, and we want to make
improvements as we move forward. But to defer it, in my opinion, is just -- and by
muddying the waters as to what the real debate is by saying that it doesn't exist, it
does exist. It does exist in Flagami. It does exist in Allapattah. I'm not going to name
names, but you know the names, they're famous. In fact, they are so famous they're
the butt of jokes. They are the butt of jokes when people have conversations about,
"Oh, did you go to this one or did you go to that one, or do you know this one has a
champagne glass that you can swim in?" and all kinds of stiff.
Commissioner Reyes: How do you know that?
Commissioner Diaz de la Portilla: Because I've heard conversations because they
have come out of the newspapers. That's how I know. You should know because
they're -- it's in your district. There's six -- seven of them. You --
Commissioner Reyes: No. I don't know what they have inside.
Commissioner Diaz de la Portilla: Well, but you know what it says outside, and you
know where they are. 1 mean, you can't deny.
Commissioner Reyes: No. I've seen it. I've seen it.
Commissioner Diaz de la Portilla: Yeah. You can't deny. You were --
Commissioner Reyes: I drive by every day.
Commissioner Diaz de la Portilla: There's a WSVN story which I have, if you want to
see it later on, that talks about neighbors in your district talking about their kids -- the
example that I used about --
Commissioner Reyes: Could I speak --
Commissioner Diaz de la Portilla: Well, I'm not finished. The example that we used --
I used about neighbors complaining about their kids walking to get the bus and
finding condoms is a real example of a news story that came out of WSVN.
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: And the real stories that Commissioner De la Rosa
and Mayor Lago will tell you about people who have been killed, murdered in
Hialeah. Hialeah, I think has 27. He'll -- they'll -- he's -- he can better tell you about
that. Where there's murder, there was sex trafficking. Much more serious things than
alcohol licenses, by the way. We have to have a sense of what the priorities are. And
we have cafeterias -- that we passed together a resolution that dealt with cafeterias
that become something else after 7: 00 p.m. throughout the city of Miami. And you
called it a companion item to your taskforce, to have a taskforce to address those
issues. Then we have to continue and deal with motels that clearly are not a Ritz -
Carlton, not a Holiday Inn, that rents by 6 -- by 12. By the way, a lot of those
legitimate motels and hotels, the moment you pass this, because they're legitimate and
because they have the resources to rent for the hour -- for -- by the day, they're going
to switch. They'll say, "Okay, no more fractional rentals. " It's also transient -- what
they call passengers in transit hotels, that people that have a layover in Miami
International Airport that may want to rent Ibr 12 hours. That exists but that's easy.
Show a boarding pass. Show a boarding pass for a connecting flight. There's many
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ways to solve and to allow the legitimate players to compete. We're not talking about
any of that. We're not talking about the Mutiny. We're not talking about the Ritz -
Carlton, and we're not talking -- we're talking about motels that we all know exist
that are operating under our very noses, day in and day out. And every day that
passes that we don't show that we're serious about addressing this issue, that we're
serious about real issues like prostitution, sex trafficking, drug dealing, minors
getting -- being prostituted. Those are the real issues that we face in these motels.
They are a blight on the image of Miami. They are the blight on an image -- of the --
on the image of Hialeah. That's why Hialeah is addressing it. Coral Gables only had
one. They immediately changed the name, and I can say the name because it's a good
name now, to The Gables Inn, and I believe that you said we call it Best Wishes,
whatever that means. And the MOU that Commissioner Reyes spoke about with Hial -
- with Coral Gables and the City of Miami, that works. But we have to keep up with
what they're doing. The innovative approaches that Commissioner Lago, now Mayor
Lago, when he did his legislation, there's been no lawsuit. There's been a decrease in
prostitution. He'll testify to that today. He'll tell us what's happened in Coral Gables,
in that motel. Ms. Jain will tell us what happened on Biscayne Boulevard when she
stepped in and said, "Enough of this." and she redid an entire -- she virtually, single-
handedly rebuilt an entire section of Miami, and re -branded and re -imaged an entire
section of Miami. And we can do the same thing in Flagami, and in Little Havana,
and in Allapattah because we can act. Is it a solution to everything? Of course not.
Nothing is. I think Commissioner Carollo you have -- today you'll have your fifth,
maybe six ordinance that you've done to address your concern over all the issues of
alcohol licensing and permitting and everything else that you've been working on. It
didn't -- you didn't do it in one fell swoop. You did it incrementally. That's how we do
things here. We do it incrementally. When we continue to delay and defer, then we're
risking, in my opinion, something bad happening tomorrow. I have a potential pocket
item today that's going to deal with the same concern that I have, that we continue to
look the other way and say that something that doesn't exist -- that we all know exists
-- that something that we all know exists doesn't exist because it's not a real issue,
that Commissioner Reyes can testify when he walks through that area, because he's
walked all his district, in that area back there, that it's a real issue. You know, it's
what I said last time, like Potter Stewart, the Supreme Court Justice said in 1964 over
an obscenity case, "I can't define it, but I know it when I see it. " And, actually, he
was talking the fact that the movie was not obscene. But the idea is the same, that,
hey, I don't have -- you don't have to give me data to know that that's a prostitution
motel. It takes place there. I don 't need to know how many calls, and I'm going to ask
Commissioner -- I mean, Chief Rey -- Chief Morales to come up and give us an idea.
I'm going to ask you a question now because I'm done with the overall presentation,
sort of ground it with some of the things that Commissioner Carollo said about the
deferral, because we're talking about a deferral. And I want to make sure that -- from
your mouth, do you believe there's a problem in these motels with prostitution and sex
trafficking, based on your experience and your operations that have taken place
before this meeting?
Vice Chair Russell.• You're recognized, Chief Morales. Good morning.
Manny Morales: Good morning, everyone. Manny Morales, Assistant Chief of Police.
Commissioner, to answer your question, I know that prostitution has been a priority
for us, especially in Commissioner Reyes' district, for a while. Commander
Castellanos was heavily involved in that, and that MOU was mainly part of his efforts
doing that. So, our prostitution enforcement efforts are mainly internally driven,
meaning we are the ones that are going out there and either engaging as -- posing as
johns, or customers for the prostitutes, you know, we are observing on the road, or by
deploying an officer to play as a decoy so we can arrest, apprehend, and identify
potential customers that are engaged in solicitation of prostitution. We have,
traditionally -- and I was the Street Narcotics and the Vice Unit Supervisor back in
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2005, and I was a Commander of the Upper Eastside from 2010 to 2013, when the
prostitution problems were very prevalent. I can tell you there's a certain tendency
for prostitution -related incidents to surround these low-income motels. Whether it is
by the actual rate or whether it is that they rent it by the hour, I couldn't tell you that.
I don't have that information. I can only tell you that we have the data to show that,
when we conduct our operations, there is the presence of that particular crime in
those establishments.
Commissioner Diaz de la Portilla: Is there a quarter that you are aware of as a law
enforcement official that exists in the city of Miami where they -- people congregate,
both in the past and now? A section of Miami. But you don't see it Coral Way and
27th Avenue, right?
Mr. Morales: No.
Commissioner Diaz de la Portilla: You don 't see it that there, right? So --
Mr. Morales: It has shifted throughout the years. As you mentioned, Biscayne
Boulevard was historically the epicenter of prostitution in the city back in the `80s,
until recently. It took a lot of hard work. It's incredibly labor intensive. It takes a
partnership between the police, the administration, and a lot of the businesses in there
to kind of bring that type of meaningful change about, and 1 think we've been able to
accomplish that. And that's through a myriad of strategies to include, not only
enforcement, but working closely. We tried the mapping program, which is extremely
difficult, but it is when you arrest an individual for prostitution, you're able to take
them to court and they voluntarily have to accept to stay away from that area as a
condition of their probation. It is very hard. We didn't have many cases, but just the
stigma of that kind of scared some folks. The data shows us that -- and I did some
quick numbers as the deferral discussion started. And I kind of looked back, and 2020
was a little bit of a bizarre year due to the COVID, however, from 2020 until today,
we've had 391 prostitution arrests. It really doesn't sound like much, however, be
mindful that is, like I told you, labor intensive. And we have to go out there and be
engaged either playing the john or playing the prostitute. And out of those, 224,
directly through the efforts of Commander Castellanos and at the request of
Commissioner Reyes' Office, have come through operations in that Flagami sector
between, I would say, between LeJeune and 47 --
Commissioner Diaz de la Portilla: 391 for --
Mr. Morales: Citywide. In the entire City.
Commissioner Reyes: In the City.
Commissioner Diaz de la Portilla: Hold on.
Commissioner Reyes: I have --
Commissioner Diaz de la Portilla: 224 --
Commissioner Reyes: I have the numbers here.
Commissioner Diaz de la Portilla: 224 in that quarter?
Commissioner Reyes: No.
Commissioner Diaz de la Portilla: In that Flagami section?
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Mr. Morales: In Flagami.
Commissioner Diaz de la Portilla: Okay.
Mr. Morales: All over in different sections. But the vast majority are there on
Southwest 8th Street between LeJenne (UNINTELLIGIBLE) --
Commissioner Diaz de la Portilla: So, 391, citywide. So, there is a section of Miami
that they congregate in. And based on your law enforcement experience -- how many
years you've been in the department?
Mr. Morales: 28.
Commissioner Diaz de la Portilla: 28. Based on your law enforcement experience, if
these motels are all lined up together right on Flaga -- in Flagami on 8th street, that
around that area, there -- there's more of those arrests. In other words, in the
surrounding streets and avenues -- there's five avenues. I know there was a -- there's
a move among those residents to close down some of those avenues so that people
don 't cut into the residential area behind the motels. These motels right here in the
residential areas are right behind them.
Mr. Morales: Abutting. Yes.
Commissioner Diaz de la Portilla: So, of the 391 total arrests in the entire City, 224
took place here, in this area in Flagami?
Mr. Morales: No. I can't tell you whether all 224 specifically they took place --
Commissioner Diaz de la Portilla: Okay.
Mr. Morales: -- on 8th Street.
Commissioner Reyes: Mr. Chair.
Commissioner Diaz de la Portilla: But the overwhelming number --
Mr. Morales: But the area has some --
Commissioner Reyes: Point of order. Point of order, please.
Vice Chair Russell: Point of order.
Commissioner Reyes: Yes. A point of order. We're discussing the deferral, butt want
to make sure that the data that you're supplying is right, or I have wrong data over
here. I had that under Commissioner -- I mean, Commander Castellanos in 2021, we
had 4 details in Flagami, in my district, and with only 14 arrests. I'm not saying only.
You see, I'm saying that -- with 14 arrests. And -- but there is not -- but I'm not
discussing that we have a problem -- prostitution problem. What I'm discussing is that
none of the things that have been enumerated by Commissioner Diaz de la Portilla it
is in the legislation. What I want is a legislation that incorporates every single one of
whatever we consider that will make it more difficult for prostitutes to use or the johns
to be -- use our motels, or also more difficult for the pimps to get a room because, I
mean, personally, I'm going to tell you this, I want to see something that will preclude
a pimp from renting a room for the whole day and giving the keys to the prostitute and
say, "Go work. " I mean, it is easier for the johns. They don't have to rent a room, you
see. I want to set -- I want to see something that it is included. I want a comprehensive
legislation that will take -- that will incorporate -- you see, for example, registration. I
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know everything. I mean, and 1 have not traditionally accepted the first reading
argument. 1 mean, it's the first step. When I take a first step, 1 know where I'm going,
you see.
Commissioner Diaz de la Portilla: Well --
Commissioner Reyes: And I want to make sure that we know where we're going. The
only thing that we're asking is for the deferral, and that's it.
Commissioner Diaz de la Portilla: I'm sorry.
Commissioner Reyes: 1 mean, I don't think that anybody here has any anything
against it. Well, we're trying to do this ordinance much better and try to incorporate
every -- I mean, close every single loophole. I mean, what's wrong with that? A
month, that's it.
Vice Chair Russell: Gentlemen, I have to get us back on track --
Commissioner Diaz de la Portilla: Okay. But --
Vice Chair Russell: -- because this discussion has gone on a very long time and is
deep --
Commissioner Diaz de la Portilla: But, I mean, I was --
Vice Chair Russell: Just a moment, please.
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: The discussion is not focusing on whether or not we should take
this up today. The discussion is going on into whether or not this is a bad issue we
need to address --
Commissioner Diaz de la Portilla: The --
Vice Chair Russell: -- and I believe we are unanimous -- we are unanimous that this
issue needs to be addressed. And I think it's common courtesy within the commission,
if you're seeking the cooperation on a vote issue with commissioners that are seeking
a deferral, you need to appeal to them why this has to happen today --
Commissioner Diaz de la Portilla: Well --
Vice Chair Russell: -- versus the substance of the issue.
Commissioner Diaz de la Portilla: I'll tell you. I'll tell you. I'll tell you why it has
to happen today because I don't want on my conscious if something bad happens
tomorrow.
Commissioner Reyes: Oh, my God.
Commissioner Diaz de la Portilla: Okay? And if something happens after second
reading. That's why it has to happen, because it hasn't happened in 30 years, that's
why. Because in search of this comprehensive approach, no one's taking an
incremental approach. No one's offered anything over the last 30 years to address
this issue because I view it -- and by the way, it's also common courtesy to allow a
Commissioner's item to be debated and heard and voted on. If you don't like the idea,
vote against it.
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Commissioner Reyes: Okay. But they call it --
Commissioner Diaz de la Portilla: I'm -- why am I being interrupted if I didn't
interrupt you?
Commissioner Reyes: No, I'm just saying --
Commissioner Carollo: Because you are monopolizing this whole conversation.
Commissioner Diaz de la Portilla: I'm sorry. Now I'm being interrupted by two
people.
Commissioner Carollo: You want to be the only one to talk.
Commissioner Diaz de la Portilla: Why -- no. You are the only one that talks,
Commissioner. You're not going to drown me out.
Commissioner Carollo: You keep talking. Why are you --
Commissioner Diaz de la Portilla: You're not going to -- why are you raising --
Commissioner Carollo: -- putting words in people's mouth that they didn't say.
Commissioner Diaz de la Portilla: Why are you raising your voice? You're getting
hysterical. Nobody's --
Commissioner Carollo: No. Nobody's hysterical, sir.
Commissioner Diaz de la Portilla: You're getting hysterical, yet again.
Vice Chair Russell: Here's what I'm going to -- I'm going to allow each
Commissioner three minutes to speak on the --
Commissioner Diaz de la Portilla: Well, you can -- right.
Vice Chair Russell: -- just make their closing argument on whether or not to hear this
item today --
Commissioner Diaz de la Portilla: This is hysterical.
Vice Chair Russell: -- and well close discussion.
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: You can finish, please.
Commissioner Diaz de la Portilla: Well, I can start to finish, because I'm being
interrupted.
Vice Chair Russell: Go ahead.
Commissioner Diaz de la Portilla: Now --
Vice Chair Russell: You have -- let's -- three minutes. Let's close discussion, and then
let's move on.
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Commissioner Diaz de la Portilla: Ifpeople are allowed to give long diatribes about
issues that have nothing to do with this issue, that are trying to muddy the waters and
cloud the issue because they don't want to take a vote on it, and they want to defer it.
And they say, "Well, it doesn't address this issue. " Well, you know what, come up
with your own ordinances, or present it. I have four in line after this meeting. I have
four in line. I have the oriental -- the oriental massage place that you talked about. I
have the --
Commissioner Carollo: I just gave you the idea for that one.
Commissioner Diaz de la Portilla: Now I'm being interrupted again. Now I'm being
interrupted again.
Commissioner Carollo: Yeah.
Commissioner Diaz de la Portilla: I have the cash -- prohibited cash payments. It has
to be credit card payments in line. I have a number of ideas of representing
incrementally as we move forward to make it better. And there will be consultation
with the state -- with the State Attorney's Office and there will be consultation with
the industry. How that's going to take place as we move forward and -- on this matter
-- because it's a serious issue. Because you can't continue to make an argument that
it has to be delayed and delayed, and because it doesn 't address this issue, because of
Ritz -Carlton and because of Mutiny. That's -- everybody here knows this has nothing
to do with a Mutiny and with a Ritz -Carlton. Everyone here knows, and everyone in
Miami knows what we're talking about. These are clear motels that allow prostitution
or that -- not allow, that's the wrong word. That -- where prostitution takes place.
Where illegal drug sales take place. Where sex trafficking takes place. Where -- that
are eroding our neighborhoods, our residential areas, and we need to address the
issue. Whether there's a vote for deferral or not, I recommend to the -- my colleagues
that don't want to defer, perhaps, that we address the issue, because you don't want
to continue to delay this and have what's happened in Hialeah a few weeks ago. And
Commissioner De la Rosa will testify what happened in Hialeah a few weeks ago,
what drove him to the point of no return on this. And he said, "Wait a minute, how
long -- how longer do we wait?" And special interests get involved, and they have
every right to get involved. This is a business, a very, very big business, and they have
a right to get involved and to hire their lobbyists, to hire their lawyers, and make all
kinds of arguments and to try to influence commissioners to vote a different way.
That's their right. And they do have some legitimate arguments on some cases
because they do -- some of them are good actors, and a lot of them are bad actors.
But as we weed them out and we figure out what to do about this issue, we have to
stop prioritizing the wrong things in our time that we have here in this commission.
We have limited time. We have -- we're term limited out. We -- days in and days out
we defer and we -- there's' a lack of finality that occurs here. We have testimony to be
given today by leaders and other cities, adjacent city, and Hialeah. We have what Ms.
Jain did so that we can hear, so we can get informed. Everyone here knows what
we're talking about, commissioners. If you want to defer because you want to create a
bigger product, we'll create a bigger product and move on. But the fact that
fractional rentals is a big cause of this problem, it is, and no one can hide under a
rock and deny it.
Vice Chair Russell: Thank you, Commissioner. So, you can take your two minutes to
address the issue or --
Commissioner Carollo: Two --
Vice Chair Russell: -- we can simply vote on the issue.
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Commissioner Carollo: Two minutes or three. Now, what want to be sure --
Vice Chair Russell: Three minutes. I apologize.
Commissioner Carollo: He's creating a habit that he wants to monopolize
discussions, and he talks, and he talks, and he talks, makes false accusations, try to
change the words that any of us would say and this new hallelujah religion that he got
was after the little incident in Allapattah when there were four illegal clubs --
Commissioner Diaz de la Portilla: You want to talk about your incidents?
Commissioner Carollo: Listen, don't interrupt me.
Commissioner Diaz de la Portilla: You want to talk about your incidents?
Commissioner Carollo: Don't interrupt me.
Commissioner Diaz de la Portilla: You want to talk about Your incidents?
Commissioner Carollo: I have the floor.
Commissioner Diaz de la Portilla: That was a -- that's a made-up incident.
Commissioner Carollo: If you want --
Commissioner Diaz de la Portilla: Yours were not.
Commissioner Carollo: If you want to deal with that --
Commissioner Diaz de la Portilla: If he's going to be personal --
Commissioner Carollo: -- let's go to the radio station.
Commissioner Diaz de la Portilla: If he's going to be personal, I'll make it more
personal.
Vice Chair Russell: One at a time please.
Commissioner Diaz de la Portilla: I'll make it more personal.
Commissioner Carollo: Yeah.
Commissioner Diaz de la Portilla: If you're going to make it personal --
Commissioner Carollo: Listen --
Commissioner Diaz de la Portilla: -- with a lie, which you know is a lie --
Commissioner Carollo: -- you've made it made -- you made it personal now.
Commissioner Diaz de la Portilla: -- I'll make it more personal.
Vice Chair Russell: Commissioner --
Commissioner Diaz de la Portilla: I'll make it more personal.
Commissioner Carollo: You don't intimidate me.
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Commissioner Diaz de la Portilla: You can scream --
Commissioner Carollo: You 're a little man.
Commissioner Diaz de la Portilla: You can scream all you want.
Commissioner Carollo: You 're a little man. You don't intimidate me.
Commissioner Diaz de la Portilla: Okay. You can scream all you want. Screaming is
not going to win the argument.
Commissioner Carollo: Chair, I have the floor. He's interrupting me.
Vice Chair Russell: One at a time. Commissioner.
Commissioner Diaz de la Portilla: I will not allow personal attacks from him or
anybody else, period, and you shouldn 't allow it either.
Commissioner Carollo: Listen, you've made personal attacks.
Commissioner Diaz de la Portilla: Chairman -- I did not. 1 did not.
Commissioner Carollo: You made the accusations --
Commissioner Diaz de la Portilla: I did not.
Commissioner Carollo: -- that there were four of these hotels in Little Havana.
Commissioner Diaz de la Portilla: There are.
Commissioner Carollo: Give me their names. Give me their names.
Commissioner Diaz de la Portilla: There are.
Commissioner Carollo: Give me their names.
Commissioner Diaz de la Portilla: I also said Allapattah. I will --
Commissioner Carollo: Give me their names.
Commissioner Diaz de la Portilla: I'm not a snitch. I don't name names.
Commissioner Carollo: Give me their names.
Commissioner Diaz de la Portilla: I'm not a snitch.
Commissioner Carollo: See? You're lying. You keep --
Commissioner Diaz de la Portilla: I know four. Four.
Commissioner Carollo: -- lying to me. Give me their names.
Commissioner Diaz de la Portilla: I don't name -- but I will. But I will at the right
time.
Commissioner Carollo: Give me their names now.
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Commissioner Diaz de la Portilla: Why are you screaming? Why are you losing
control?
Commissioner Carollo: Give me their names now.
Commissioner Diaz de la Portilla: No. I don't name names.
Commissioner Carollo: You don't have any names.
Commissioner Diaz de la Portilla: I'll leave the snitching to you.
Vice Chair Russell: Right. Gentlemen.
Commissioner Carollo: You don't have any names.
Commissioner Diaz de la Portilla: I'll leave the snitching to you.
Vice Chair Russell: All in favor of the deferral say "aye."
Commissioner Carollo: Aye.
Commissioner Reyes: Aye.
Vice Chair Russell: Any opposed?
Commissioner Diaz de la Portilla: Nay.
Vice Chair Russell: The vote is four to one in favor of deferral. The motion -- the item
will come back --
Commissioner Diaz de la Portilla: I want a roll call. I want a roll call, Mr. Chair.
Vice Chair Russell: Why do you want a roll call on a deferral?
Commissioner Diaz de la Portilla: Because I want a roll call.
Commissioner Carollo: Chair.
Commissioner Diaz de la Portilla: Because I'm entitled to a roll call. It's part of the
rules in this body. Don't you know it? Aren't you the Chairman?
Commissioner Carollo: No. He's not entitled to it.
Commissioner Diaz de la Portilla: I want a roll call.
Commissioner Carollo: No. He's not entitled to a roll call.
Commissioner Diaz de la Portilla: Absolutely. It's part of the rules.
Vice Chair Russell: I don't --
Commissioner Diaz de la Portilla: I'm entitled to -- I want a roll call.
Commissioner Carollo: Before we got to vote --
Commissioner Diaz de la Portilla: I want to see -- I want the public to know --
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Commissioner Carollo: Before we had to vote.
Commissioner Diaz de la Portilla: -- who's voting against this issue. We call that
putting you on the table.
Vice Chair Russell: Okay. No. Now, this is just making it political.
Commissioner Diaz de la Portilla: No. It's not a political -- no. A roll call is a roll
call. There are people here that are going to testify. You cannot hide under a rock
anymore. This is an important issue. If you want to vote against it, don't use a
parliamentary tactic to vote against it. Have the courage to say I'm against this bill,
I'm against this order.
Commissioner Carollo: We just did.
Vice Chair Russell: Nobody is saying they 're against the bill.
Commissioner Carollo: We just did.
Commissioner Diaz de la Portilla: How did they --
Commissioner Carollo: We voted against the bill.
Commissioner Diaz de la Portilla: You voted on the roll, on the --
Commissioner Carollo: Against the bill.
Commissioner Diaz de la Portilla: -- on paper.
Commissioner Carollo: See, Chair, this is a --
Vice Chair Russell: I'm sorry. My count is 4 to 1. Am I incorrect?
Todd B. Hannon (City Clerk): You are correct, Chair.
Vice Chair Russell: Thank you very much.
Commissioner Diaz de la Portilla: That's good.
Vice Chair Russell: So, the roll is clear.
Commissioner Diaz de la Portilla: Very clear.
Vice Chair Russell: All right. Can we move on?
END OF FIRST READING ORDINANCES
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Meeting Minutes May 13, 2021
DI.1
8595
City Manager's
Office
DI.2
8766
City Manager's
Office
DI - DISCUSSION ITEMS
DISCUSSION ITEM
A DISCUSSION ITEM FOR AN UPDATE REGARDING STATUS OF
LEGISLATIVE SESSION.
RESULT: DISCUSSED
Vice Chair Russell: We are going to move to the discussion item regarding status of
the legislative session. Mr. Manager.
Arthur Noriega (City Manager): There isn 't anything new to report, we're sort of in a
holding pattern now as we wait for the Governor to sign the budget. At that point,
we'll give a All brief
Commissioner Carollo: You could also include me, Mr. Clerk, as a co-sponsor in
SR.1, please.
Todd B. Hannon (City Clerk): Yes, sir.
Vice Chair Russell: Thank you. Mr. Manager, what is the timing, for the procurement
of a federal lobbyist for us to help get our projects prioritized at the federal level with
all --
Mr. Noriega: Let me get Annie out here because we had a meeting on it the day
before yesterday. Just get an updated timeline. Give me a minute. Give me a minute
because I'rn going to have Annie come out because we had a meeting a couple of days
ago on it.
Vice Chair Russell: Got it.
DISCUSSION ITEM
MAY BE WITHDRAWN
A DISCUSSION UPDATE REGARDING ANALYSES AND
FEASIBILITY STUDIES RELATED TO BITCOIN.
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
Withdraw
WITHDRAWN
Joe Carollo, Commissioner
Manolo Reyes, Commissioner
Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item Number DL2, please see "Order
of the Day."
END OF DISCUSSION ITEMS
City of Miami
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Meeting Minutes May 13, 2021
BC.1
8938
Office of the City
Clerk
BC - BOARDS AND COMMITTEES
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN
PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Manolo Reyes
City of Miami Page 59 Printed on 03/05/2025
City Commission
Meeting Minutes May 13, 2021
BC.2
8152
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
City of Miami
Page 60 Printed on 03/05/2025
City Commission
Meeting Minutes May 13, 2021
BC.3
6672
Office of the City
Clerk
BC.4
8939
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 A CERTAIN
INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR
A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
RESULT: NO ACTION TAKEN
Commissioner Manolo Reyes
City of Miami
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City Commission
Meeting Minutes May 13, 2021
BC.5
8773
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
OFFICIALLY CONFIRMING THE CITY CLERK'S CERTIFICATION OF THE
DECLARATION OF RESULTS OF THE CITY OF MIAMI CIVIL SERVICE BOARD
ELECTION HELD ON APRIL 15, 2021 AND APRIL 16, 2021.
ELECTED REPRESENTATIVE: SEAT REPRESENTED:
Ulysses Garcia Seat No. 1
Travis J. Lindsey Seat No. 2
ENACTMENT NUMBER: R-21-0196
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
Vice Chair Russell: Boards and committees, and then we're done.
Todd B. Hannon (City Clerk): Thank you, Chair, BC.5 --
Vice Chair Russell: (UNINTELLIGIBLE) to get cake. Sorry, please continue.
Mr. Hannon: BC.5 as a resolution of the Miami City Commission, officially
confirming the City Clerk's certification, the declaration of results of the City of
Miami Civil Service for an election held on April 15th and 16th of 2021. For the
record Ulysses Garcia, was elected to Seat Number 2, Travis Jade Lyndsey was
elected to seat -- I'm sorry. Ulysses Garcia was elected to Seat Number 1, and Travis
J. Lyndsey was elected to Seat Number 2.
Vice Chair Russell: Is there a motion please?
Commissioner Dia: de la Portilla: So moved.
Commissioner Reyes: Moved.
Vice Chair Russell: Moved by Commissioner Diaz de la Portilla seconded by
Commissioner Reyes. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
City of Miami
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Meeting Minutes May 13, 2021
BC.6
8803
Office of the City
Clerk
BC.7
8940
Office of the City
Clerk
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
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commission -At -Large
City of Miami
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Meeting Minutes May 13, 2021
BC.8
6958
Office of the City
Clerk
BC.9
8941
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
(Alternate Member)
(Alternate Member)
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Joe Carollo
Commissioner Jeffrey Watson
Commission -At -Large
Commission -At -Large
City of Miami
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Meeting Minutes May 13, 2021
BC.10
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
Page 65 Printed on 03/05/2025
City Commission
Meeting Minutes May 13, 2021
BC.11
8534
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
City of Miami
Page 66 Printed on 03/05/2025
City Commission
Meeting Minutes May 13, 2021
BC.12
5976
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD
FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
Commissioner Jeffrey Watson
IAFF
FOP
AFSCME 1907
AFSCME 871
City of Miami
Page 67 Printed on 03/05/2025
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Meeting Minutes May 13, 2021
BC.13
8154
Office of the City
Clerk
BC.14
7963
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
City of Miami
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Meeting Minutes May 13, 2021
BC.15
8267
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER,
QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Jeffrey Watson
City of Miami
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Meeting Minutes May 13, 2021
BC.16
8269
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY
INDIVIDUALS AS MEMBERS OF THE
COMPETITIVENESS FOR TERMS AS
APPOINTEES:
COMMISSION APPOINTING CERTAIN
MAYOR'S COUNCIL ON GLOBAL
DESIGNATED HEREIN.
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
Commission -At -Large
Commission -At -Large
City of Miami
Page 70 Printed on 03/05/2025
City Commission
Meeting Minutes May 13, 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
Page 71 Printed on 03/05/2025
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Meeting Minutes May 13, 2021
BC.19
7261
Office of the City
Clerk
BC.20
8942
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 A CERTAIN
INDIVIDUAL AS A MEMBER OF THE MIAMI TECHNOLOGY COUNCIL FOR A TERM
AS DESIGNATED HEREIN.
APPOINTEE:
Ben Quirke
ENACTMENT NUMBER: R-21-0197
NOMINATED BY:
Mayor Francis Suarez
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Todd B. Hannon (City Clerk): BC.20, Miami Technology Council, Mayor Suarez,
would like to appoint Ben Quirke to his vacancy seat.
Vice Chair Russell: Is there a motion, please?
Commissioner Carollo: Moved.
Vice Chair Russell: Moved by Commissioner Carollo.
Commissioner Diaz de la Portilla: Second.
Vice Chair Russell: Seconded by Commissioner Diaz la Portilla. All in favor say
"aye."
The Commission (Collectively): Aye
City of Miami
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BC.21
3693
Office of the City
Clerk
Mr. Hannon: And, Chair, my apologies for the record that'll he to the Category 4,
expertise in technology management.
Vice Chair Russell: Yes. Thank you. Do you need action on it?
Mr. Hannon: No, sir.
Vice Chair Russell: Okay. Great. Are there any others? All right.
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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Meeting Minutes May 13, 2021
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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Meeting Minutes May 13, 2021
BC.24
8943
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
END OF BOARDS AND COMMITTEES
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Joe Carollo
Commissioner Manolo Reyes
City of Miami
Page 75 Printed on 03/05/2025
City Commission
Meeting Minutes May 13, 2021
PZ.1
6760
Department of
Planning
PART B: PZ - PLANNING AND ZONING ITEM(S)
ORDINANCE Second Reading
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.
ENACTMENT NUMBER: 13997
MOTION TO: Adopt
RESULT: ADOPTED
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 additional minutes referencing Item Number PZ.1, please
see "Public Comments for all Item(s)."
Vice Chair Russell: And we have one -- well, we have two companion PZ (Planning
and Zoning) items, which I'll take up at this point. This is PZ.1 and PZ.2 land use and
rezoning for Carter and Plaza Street. Is there a motion, please?
Commissioner Diaz de la Portilla: So moved.
Commissioner Watson: Second.
Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by
Commissioner Watson. Is there any further discussion?
Commissioner Reyes: No.
Vice Chair Russell: Hearing none, all in favor say "aye."
Commissioner Reyes: Aye.
Commissioner Diaz de la Portilla: Aye.
City of Miami
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PZ.2
6761
Department of
Planning
Vice Chair Russell: Sorry, sorry, I apologize. We need to read it into the record.
Madam City Attorney.
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, is there any further discussion on PZ.1 and 2?
Commissioner Reyes: No, sir.
Vice Chair Russell: Hearing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes on PZ. I and 2. Thank you.
ORDINANCE Second Reading
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.
ENACTMENT NUMBER: 13998
MOTION TO: Adopt
RESULT: ADOPTED
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 PZ.2, please see
"Public Comments for allltem(s)" and Item Number PZ.1.
City of Miami
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Meeting Minutes May 13, 2021
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: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
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 PZ.3, please see "Order
of the Day."
END OF PLANNING AND ZONING ITEM(S)
City of Miami
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NA.1
9071
City Commission
NA - NON -AGENDA ITEM(S)
DISCUSSION ITEM
A DISCUSSION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. 20-0297, ADOPTED SEPTEMBER 24, 2020,
WHICH EXTENDED THE CITY OF MIAMI'S MOTORIZED
SCOOTER PILOT PROGRAM ("PILOT PROGRAM") UNTIL THE
EXECUTION AND ROLLOUT OF THE PERMANENT MOTORIZED
SCOOTER PROGRAM OR UNTIL THE END OF THE PILOT
PROGRAM PERIOD ESTABLISHED BY CITY OF MIAMI CODE
SECTION 2-33(C)(9).
RESULT: DISCUSSED
Commissioner Diaz de la Portilla: Mr. Chair, I have a pocket item, I don't know how
you want to proceed with that.
Vice Chair Russell: You're recognized. What is the item?
Commissioner Diaz de la Portilla: The item deals with scooters.
Vice Chair Russell: Okay.
Commissioner Diaz de la Portilla: Has it been distributed, Madam Attorney?
Vice Chair Russell: I do not have a copy.
Victoria Mendez (City Attorney): E-mail.
Commissioner Diaz de la Portilla: It's been e-niailed to you? And this is a concern
that I have. Well, let's wait for everybody to get a copy, I guess. We have a hard copy
of it.
Vice Chair Russell: Thank you.
Arthur Noriega (City Manager): Mr. Chair.
(COMMENTS MADE OFF THE RECORD)
Commissioner Diaz de la Portilla: Hi, Annie.
Annie Perez (Director, Procurement): Good morning, Commissioners.
Commissioner Diaz de la Portilla: Good morning.
Ms. Perez: Annie Perez, Director of Procurement.
Commissioner Diaz de la Portilla: I want sort of introduce it and then --
Vice Chair Russell: So, Annie, we're going to hold on that item.
Commissioner Diaz de la Portilla: Sure
Ms. Perez: Okay.
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Vice Chair Russell: Commissioner Diaz de la Portilla would like to introduce a
pocket.
Commissioner Diaz de la Portilla: Yeah. This pocket item, as you know, Mr. Chair,
from the beginning, since I was elected, I had concerns over the scooter program, and
I've been supportive. I know it's important to you and to your district in particular.
And I've been supportive of it because it was important to you and to your district. As
time has passed, and we're waiting for an RFP (Request for Proposals) to come out,
the safety concerns that I've always had over these scooter program that we have --
over the scooter program that we have here in the City of Miami and scooters across
the board continues to concern me. And as time passes, and we wait -- patiently wait
for the City of Miami to issue an RFP, every day we are run a risk of something bad
happening without the safety measures that we need to have in place. Like anything
else, like the motels and hotels that we discussed earlier and other issues, we have
bad actors, and we have good actors. The RFP will sort of wean out those bad actors'
and will allow the safety measures that we have spoken about, and you have spoken
about too, Mr. Chairman, along the way because I know safety is a major concern to
you, have not been implemented because we 're still on the pilot program. So, this
pocket item will eliminate that program until we have an RFP. But before we do that,
and before we move to do that, or I move to do that, we need to hear what the
progress has been on the RFP. Where we are, and when you're expected, Mr.
Manager, or Procurement is expected to come out and -- with that RFP.
Vice Chair Russell: Hello.
Ms. Perez: Good morning again, Annie Perez, Director of Procurement.
Commissioner, the RFP is pretty much ready to go. We were just waiting for
legislation to be brought forward to sort of solidify the program so that we can issue
the RFP, because right now there's a pilot program going on. So, if I'm not mistaken,
Commissioner Russell, I think we've had conversations on this --
Vice Chair Russell: Many.
Ms. Perez: -- many and -- but the RFP is ready to go.
Vice Chair Russell: Thank you.
Ms. Perez: It is.
Vice Chair Russell: My commitment to my residents, over a 100,000 of which are
using scooters per month, is that we -- I will not issue a permanent program until I
feel that the pilot has been vetted in a safe way. And each of the companies has been
presenting different new technologies that improve safety and clutter and those are
coming out all the time, and we are implementing that. If -- if Director Dodd, if you
are available to comment a little bit on some of the safety measures that have been
implemented during the pilot, I'd like to correct the Commissioner, because there -- it
was a statement that we're not implementing safety measures. New --
Commissioner Diaz de la Portilla: I asked. I asked.
Vice Chair Russell: Okay, so I'd like to clam that we are regularly, on a weekly
basis, implementing any changes that can help the program to get us to that RFP. The
RFP is -- in its current form, it would work for a scoring system, but we're trying to
make sure and see what technologies and safety protocols we want to put in place in
that RFP that will be mandatory for all companies to follow before we issue it. Mr.
Dodd, good morning, how are you?
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Alan Dodd: Good morning, Commissioners. We have made a number of changes over
the past few months --
Vice Chair Russell: Just a little closer. I apologize. It's hard to hear.
Mr. Dodd: I'm sorry. We have made a number of changes over the last few months to
try to address both safety of pedestrians and also clutter and obstructions on the
sidewalks. And while we're not quite there yet, I can say that there has been a lot of
support from all of the scooter companies to try and improve on the systems in place.
The first thing we did was placing a scooter zone in the Biscayne Boulevard area near
Bayside Park, where the speed limits for the scooters are dropped down. By
ordinance, they normally -- it can operate up to 15 miles per hour. In that area, they
can -- they're limited to only 10 miles per hour, and that slows them down to provide
for a little bit more safety for the pedestrians in that area.
Vice Chair Russell: Just a minute.
Commissioner Diaz de la Portilla: Is that a particular zone or is it -- the technology
that I read about that when they go into a sidewalk, they got drop down to seven miles
per hour because that technology already exists. And I've also read about other
technologies that exist, and different cities are implementing these technologies, but
Miami -- so I want you to be specific in what technologies have been added to the
pilot program that make it safer, and how do those compare to the technologies or the
safeguards that we're putting in the RFP, as you understand the RFP to look like
today. 1 also want Ms. Perez to come back and tell me what, "We're almost done."
means, is it a day? Is it a week? Is it a month? But that's later. Let's just try to get this
first. Tell me what safety measures you included, that were not included in the
beginning, walk me through them and then tell me how many of those are in the RFP
and how many more remain to be put into place in the existing pilot program that are
in the RFP?
Mr. Dodd: Okay. Commissioner, the operating zone in that area that reduces the
speed limit is based on an area. It -- the technology is not precise enough to tell if a
rider is on the street or on a sidewalk to cause them to change their speed limits. The
actual accuracy on it is anywhere from -- depending on the speed they're riding and
the number of pings, 40, 50 feet at a minimum for them to be able to locate where the
scooter is at. So that's why we can do it for an area like the Biscayne corridor, but we
cannot limit them --
Commissioner Diaz de la Portilla: What's the Biscayne corridor? If I may, Mr. Chair,
I'm just trying to get clarity on --
Mr. Dodd: Biscayne corridor is basically from the Miami River going north up to
about where 395 is located.
Commissioner Diaz de la Portilla: 13 Street, whatever, and then from Biscayne to?
Mr. Dodd: It's just the Biscayne Boulevard with the sidewalks in the areas in that --
Commissioner Diaz de la Portilla: It's only Biscayne Boulevard from the river up to
13th Street, basically?
Mr. Dodd: Yes. Right around where 395 --
Commissioner Diaz de la Portilla: Right outside Biscayne Boulevard -- there's only
on the Boulevard or is also the streets?
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Mr. Dodd: It is on -- just that corridor. It does not get into the downtown area of the -
Commissioner Diaz de la Portilla: If you cross the street. If you cross Biscayne, to go
to the park, for example, does that count?
Mr. Dodd: It should be in the park area also.
Commissioner Diaz de la Portilla: Okay.
Mr. Dodd: It is that corridor --
Vice Chair Russell: Actually, if I can get --
Mr. Dodd: -- into the streets.
Commissioner Diaz de la Portilla: So, it's north, south, east, west? It's anyone who
enters that section.
Mr. Dodd: Anyone who is in within that geographic boundary, it's a box.
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: So, if I could clarify, and Mr. Dodd, let me know if this is
something that you're open to. I've spoken with and each of the companies because
the speed issue, especially on sidewalks, has been concerning. We want them to be
able to go fast enough that they'd balance well and that they can flow with traffic in
the street, but not so fast on the sidewalks. And since we can't distinguish sidewalk to
street at this moment, and one of them is working on a technology which I tested that
it actually does -- it lets the rider know, as if they don't already, whether they're on
the sidewalk or the street, but it doesn't yet throttle the scooter down, and it's using a
special visual technology, versus GPS (Global Positioning System), which is off by 15
to 20 feet. But we recognize that the speed was so important and the initial test on
Biscayne Boulevard was working that we said, why don't we just lower the speed limit
globally, right now it's 15 citywide. And so, what we're asking the companies if they
could do is simply geo-fence down to 10 miles an hour in all of Brickell and
Downtown and 12 miles an hour in the areas that aren't as congested, such as
Coconut Grove, where they will be more likely in the streets. And they've all agreed
that they can do that. Is that something that you've already heard from them in terms
of a potential change in the pilot?
Mr. Dodd: Yes, Commissioner. As we found what was happening on Biscayne, there
was -- has been conversations with the companies to change it to the
Brickell/Downtown area. I cannot say that all of the companies have in place that
boundary yet, but I believe all of them have made the commitment to do so just in the
last week or so --
Commissioner Diaz de la Portilla: There is --
Vice Chair Russell: Got it. I'd like to proffer, well, you've got a pocket, but -- and I
see -- I understand the intention of the pocket is to create the maximum amount of
safety, and we are all together on that. But I would like to give direction to the
administration to mandate that all of the companies reduce their speed, so none of
them are going 15 anymore. The top speed is 12 miles an hour throughout this --
throughout the district where it's allowed, and within the Biscayne -- and well, within
the Downtown and Brickell areas, it goes down to 10 as the maximum. I understand
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from each of the companies they have that capability. They do not believe it would he
dangerous to do so. For us, it's of paramount importance to reduce that speed from a
safety perspective to pedestrians and those on the sidewalk. You're recognized.
Commissioner Diaz de la Portilla: My, question is what has been implemented? Not
that they made a commitment, now that you've talked about it, not that it's coming
down the pipe. What has actually been done today -- until today? And then I also want
to ask -- you brought a question to my mind. Why 10 and 12, why just not just 10? I
mean, what's the rush to get to wherever they are going. You can leave a little bit
earlier and not run anybody over. So, to me what's the difference between 10 and 12
minutes --1 mean 10 and 12 miles per hour, just the 10 miles per hour across the
board. Anyway, that's a different question, we'll get to it in a minute. I really want
him to try to answer specifically, what have you done since the pilot program started
until yesterday to increase the safety of the pilot -- of those riders and the
pedestrians?
Mr. Dodd: Commissioner; the safety operating zone that we created is one measure.
Commissioner Diaz de la Portilla: Okay.
Mr. Dodd: All of the companies did sign a document committing to that, and that was
when we start -- resumed the program about two months ago -- two -and -a -half
months ago. We've had verbal commitment, I haven't gotten it in writing, to extend
that into the Brickell area. As far as the speed limits, we can definitely do that. The
difference between 15 versus 12 versus 10. Once you get down below 10, the riders
begin having stability problems when they're riding, and that creates a problem if
they're going too slow.
Commissioner Diaz de la Portilla: Right.
Mr. Dodd: So that's why we -- we've had conversations with them as to how low can
we get them -- can we get the down to seven, they said that you're starting to create
other problems. So that's why we agreed on the 10 miles per hour as probably the
lowest point that we can do it that still provides safety as they're operating the --
Commissioner Diaz de la Portilla: Is that scientifically proven? Is that -- has been
done -- researched, or is that what you're telling you?
Mr. Dodd: Commissioner, there -- I do not have any scientific evidence.
Commissioner Diaz de la Portilla: Any studies had -- do they?
Mr. Dodd: No, Commissioner. This is just from discussion with the companies and
people who have been operating the scooters.
Commissioner Diaz de la Portilla: Okay.
Mr. Dodd: That once you get below 10 miles per hour, you start having problems with
balance.
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: So, I've asked my staff to risk life and limb and go out and
actually test the scooters. And they worked with the scooter companies whose
throttled the speeds down, and they tested, from their opinion, what is safe enough
from a stability perspective, and what's safe enough from a traffic flow perspective.
And they told me absolutely anything under 10 is not good, for riding, but there's a
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sweet spot there, and that's why we took -- outside the congested downtown core
where most everyone is on the sidewalk. 1 wouldn't want to scooter in the street in the
downtown core that the 10, let's bring it down to the max, but elsewhere where there
will be in bike lanes and in traffic, the 12 seemed to he the sweet spot. That seems safe
enough to go with the flow of tragic and not be up to the 15 when they end -- do end
up the sidewalk. So that's why we did the bifurcated speed limit. One in the core area
and then one in the area because I'd like to thank my staff who volunteered to go out
in a testing mission.
Mr. Dodd: Commissioner, the next area that we've had to -- a number of issues on
has been with double riders and underage riders. And the problem with that is
primarily one of reporting and the ability to take action against the offenders. And so,
what we have set up is a website where anybody who sees it can report it with a
picture. All of the scooters now have a number on them so that we can track the rider
to the specific scooter and the time that the event occurred. Based on that, sometimes
those pictures go straight to the scooter companies, and they can take action, or
we've had several that have come to the City. We have provided it to the scooter
companies, the rider is fined, and, by some companies, they are actually banning them
from using the scooters.
Commissioner Diaz de la Portilla: So, they are self -policing right? The scooter
companies are self -policing. We're not -- the City of Miami is not?
Mr. Dodd: We are not --
Commissioner Diaz de la Portilla: We are not policing.
Mr. Dodd: -- they're the ones who know who the riders are. We don't know the names
of the rider or the contact information. So, when we get it --
Commissioner Diaz de la Portilla: So, the City of Miami sees two riders on a scooter,
they let them go, and they don 't stop them. If a City of Miami police officer sees two
riders on a scooter, somebody who is obviously underage, they let them go, that they
don't stop them, right? They're not policing it.
Mr. Dodd: Commissioner, I can't speak for the Police Department, but I'm not aware
of --
Commissioner Diaz de la Portilla: Does the City ofMiami Police in any way -- any --
the City ofMiami department police them?
Vice Chair Russell: For clutter, yes.
Commissioner Diaz de la Portilla: No. No. No. I'm not talking about clutter. We're
going to get to clutter believe me, clutter is another issue. I'm talking about
violations. They are self -policing, and they're going to police themselves?
UNIDENTIFIED SPEAKER: Huh-uh. We don't know.
Commissioner Diaz de la Portilla: Are they going to police themselves? Now, are they
being fined? No, right? They're fining the rider. So, what's the incentive number one -
- where is there an incentive for them to police themselves and say, "Hey, we're
violating, you know, the intent of this." And where is the incentive for them to take
any action on illegal riders if they are not getting fined?
Mr. Dodd: Commissioner, the primary incentive to them is we have shut the program
down three times now because of these issues and --
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Commissioner Diaz de la Portilla: Three times?
Mr. Dodd: Yes. Over the course of the last two years. And the primary issue has --
every time really has been underage riders --
Commissioner Diaz de la Portilla: Okay. So --
Mr. Dodd: -- and double riders, and they realized that if they do not figure how to
control this problem, the pilot program and the overall program will fail in the City of
Miami.
Commissioner Diaz de la Portilla: But do you see the -- ifI may, through you, but do
you see the problem? You just said that you have been talking to them and shutting
down three times over three years, and they haven't addressed the problem in three
years.
Vice Chair Russell: They have.
Commissioner Diaz de la Portilla: Well, they haven't because you're just telling me --
well, let them finish giving all the safety measures they put in place as we initiated the
pilot program. Because my pocket item is very simple. If1 don't hear the answers I
want to hear -- and if1 get a second, I get a second and ifI don't,1 don't. At the end
of the day, I want to halt the program until we have these safety measures in place.
Not that are committed to doing it, and not that we talked about it, not that they shut
them down three times in three years, and they continued to do it. Not that they're
self -policing, but actual safety measures that are actually in the language of the RFP,
that you can implement now and say tomorrow morning, all these things that we're
going to put out on the RFP are going to -- we're going to make these actors that are
now have many scooters? How many scooters are out there?
Mr. Dodd: There it's approximately, 2,400 scooters.
Commissioner Diaz de la Portilla: 2,400 scooters in a very condensed area because
it's only in District 1, correct?
Vice Chair Russell: 2.
Commissioner Diaz de la Portilla: I'm sorry. In District 2. I'm sorry. In District 2,
correct? So one district has, 2,400 scooters. That's why I see the clutter, right? When
I drive through Biscayne Boulevard, or whatever, I see them all over the place,
because they're all there?
Mr. Dodd: Yes.
Commissioner Diaz de la Portilla: What other safety measures have you put in place
besides the two that you described, that are self -policing, that are not really safety
measures, although safety -- and maybe Ms. Perez can tell us what safety measures
are in the RFP and maybe you guys can talk to each other. Say, "Hey, put that there
now so we can keep the program going. " Or halt the program for a period of time, so
they can put them in place. And I can amend this to, instead of eliminate the program
just halt it, freeze it, suspended it, let's call that until all these measures are put into
place pending the RFP and pending the granting of the RFP, right? The process -- it
has to go through the process, it's not only issuing the RFPs it's the whole process of
the RFP, the response to the bids -- to the bid. So that's where I'm at. Tell me what
other measures just so I know just for the comfort that you're doing something.
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Mr. Dodd: Commissioner, the next issue that we've had, has been dealing with the
parking and blocking ofADA (Americans with Disabilities Act) access ramps and
other areas. What we have implemented, and again, this is -- involves the scooter
companies that also involves the police where they're doing multiple sweeps
throughout the areas. If anybody sees a scooter that's parked improperly, they're
taking a picture, and then they have ajoint WhatsApp site where they post the
pictures, and the scooter companies immediately respond to fix the problem. That has
evolved over the past two -and -a -half months and has proven very effective at fixing
problems as soon as they occur. Again, it goes to rider behavior, and the companies
have been trying to address that with folks trying to encourage use of the parking
corrals and having a financial incentive to get people to park within those boundaries
versus just anywhere else on the sidewalks. And usually, it's a slight discount on the
cost that they would pay for the use of the scooter. It's trying to encourage good
behavior but again, when we do have those problems, getting a quick response to go
and fix it to clear the sidewalks and ensure pedestrian access.
Commissioner Diaz de la Portilla: Is that it?
Vice Chair Russell: There's also the cap on the number of scooters that can be left on
any street block. That's been limited to four per company, versus before there were no
limits whatsoever. So, they can have 20 scooters on a street block. So now they are
only allowed for four.
Commissioner Diaz de la Portilla: How many companies?
Mr. Dodd: Excuse me Commissioner.
Commissioner Diaz de la Portilla: How many companies?
Mr. Dodd: Right now, we have, I believe, seven companies.
Commissioner Diaz de la Portilla: So, 7 times 4 is 28, right? It's four per company.
Mr. Dodd: Right.
Commissioner Diaz de la Portilla: 7 times 4 is 28, per block.
Mr. Dodd: Yes. On any block.
Commissioner Diaz de la Portilla: 28 scooters on one block?
Mr. Dodd: Yes.
Commissioner Diaz de la Portilla: 28?
Mr. Dodd: Yes.
Commissioner Diaz de la Portilla: That seems pretty high to me. I'm sorry. I can
visualize it. What else?
Mr. Dodd: I didn't bring my -- my list today, but --
Vice Chair Russell: That's all right. I've got it in front of me here. So, the reason the
pilot program continues until the RFP is one so that we hopefully continue to have
seamless service for our residents who do use it, but two, we are learning more about
tweaking these different changes to see what works and doesn 't work. Maybe 28,
you're absolutely right. We thought fbur sounds great -- 'bur per company. Let's see
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how that -- how they comply and how that works. And if it's too much, we can adjust
that. So that once we issue the final RFP, we know it's the right thing. I -- my worry is
that if we stop the pilot, we're not going to learn more before issuing the RFP on how
to get it right. From a safety perspective, I'm absolutely with you, and I'd love to get
an audit of the companies to see who has issued the $250 fine for underage riding or
dual riding or misuse of an account. One of the things that was a big change, that was
a learning that was tweaked, was that before one person with one app could unlock
10 scooters, and let's go ride like a gang. And you had no control over who was
riding it. So, we changed that. So it's one app, one scooter at one time. The other
thing was, we started doing random scans of driver's licenses. So when we restarted
the program, everyone had to wipe their records clean and scan every, account, fresh,
so that we had a record of whether or not -- their driver's license. They're all using a
third party company to verifY those driver's license, so, it's not simply just a trust
issue or a false pretense. They are actually checking driver's licenses. And now it's
every sixth ride randomly gets a driver's license check before you can unlock the
scooter. So, there are a lot of things. I would argue that we have one of the most
regulated and hopefully safe scooter programs in the country that is serving us. And
so, I -- you know, I'm not ready to issue the RFP yet. I want to get it right, and I think
we're very, very close. One of the latest evolutions is the idea of a permanent hub --
semi-permanent, that would either work in unused spots of the right-of=way, or parks,
or parking spots rented through the MPA (Miami Parking Authority) where there will
actually be a docking ability, and we're still measuring whether or not we wanted to
make them mandatory or just heavily incentivized. And so that's something we're
testing. So, the first ones are just corning out and coining online from a company
called Swiftmile, which has stations that can, you know, dock and charge and educate
people right on the site. So, we're hoping to see those roll out to see how much we
want to implement those into the RFP, which may, in my mind, be the real final
solution that gets rid of the clutter issue. And so, we try to keep it somewhat flexible so
that people have that flexibility of finding a scooter where they might need it and
leaving it where they're trying to go. But we're not trying to make it so rigid that they
don't use it at all. So, it's that balance, and that's why the pilot program is evolving.
Commissioner Diaz de la Portilla: Commissioner, with all due respect, I don't want
Miami to be the guinea pig, and I don't want our citizens to be risking their life or
safety on an experiment. I have seen too many cases, and I have read about too many
cases in other parts of the country in the world, where there have been a lot of
accidents. I don't want that on my conscious. What I want to do is amend my pocket
item to suspend instead of rescind, until this Commission acts differently moving
forward instead of waiting for the RFP to come out because there could be -- I have a
feeling that when -- if we do this, if we take this up, and we vote it out, that these
companies are going to move very quickly to find solutions to all these technological
problems they seem to be having now. My gut tells me that they want this market open
and that they're going to do anything they need to do to make sure that we -- or at
least try to get us to open it again. I'm going to amend my motion to suspend the
program until further action from this Commission, it could be that we say we wait
until the RFP, the further action can be that or could simply, be that we suspend it
until the RFP actually comes out, or it can be we suspend it until they incorporate
certain safety measures that we feel comfortable with, the majority of the Commission
feels comfortable with. So that's what I move.
Vice Chair Russell: There is the motion. Is there a second? Hearing none, motion dies
for lack of a second. I do appreciate the support on this. I think we're going to get it
right. I would like to work with the police because presently, the police is standing
down with regard to scooters. I know we don't chase scooters. We're not trying to
cause danger in the streets by chasing someone. And we don't want to presume what
someone's age is when they're riding a scooter. But reckless riding is reckless riding,
and I want to see that we're able to enforce where necessary on that as that comes
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forward. But Mr. Dodd, Director, I think you've spent an inordinate amount of your
time as the Public Works Director and the Chief Resilience Officer on this issue. So, I
really thank you for trying to keep us safe and as organized as possible in the streets.
Mr. Dodd: Okay. Thankyou.
Vice Chair Russell: Thankyou.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION,
SUPPORTING THE STATE OF ISRAEL, OUR PRIMARY ALLY AND
ONLY DEMOCRACY IN THE MIDDLE EAST, IN SUPPORT OF
ISRAEL'S RIGHT TO PROTECT AND DEFEND ITS RESIDENTS
FROM THE BARRAGE OF THOUSANDS OF MISSILES AND
SUICIDE DRONES THAT HAVE BEEN TARGETING ITS CIVILIAN
POPULATION SINCE MONDAY, MAY 10, 2021, BY TERRORIST
ORGANIZATIONS SUCH AS THE HAMAS ALONG WITH OTHER
IRANIAN FINANCED TERRORIST GROUPS; DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE OFFICIALS STATED HEREIN.
ENACTMENT NUMBER: R-21-0198
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Commissioner Carollo: Mr. Chairman, I do have a brief resolution.
Vice Chair Russell: Pocket resolution, Commissioner Carollo, go ahead.
Commissioner Carollo: Thank you. This is a resolution supporting the State of Israel,
our primary ally and only democracy in the Middle East, and supporting Israel's
right to protect and defend its residents from the barrage of thousands of missiles and
suicide drones that have been targeting its civilian population since Monday by
terrorist organizations such as Hamas along with other Iranian -financed terrorist
groups. Our own President Bidet/ came out yesterday, I believe, in support of Israel's
right to defend itself from the barrage of missiles being launched against its civilian
population by Hamas, Islamic Jihad, and other terrorist groups financed by Iran.
We're following with a resolution, based on what our own president has declared,
and if this passes, I would like Mr. Clerk, for it to be sent to the Executive Director of
the US Conference of Mayors so that he could send a copy to all the -- our members'
in the US Conference of Mayors. And ifyou could also send copies to our South
Florida Congressional Delegation, our two US senators, and the head of the
International Western Committee, Senator Menendez, in New Jersey.
Vice Chair Russell: Thank you. PI 1 is a resolution in support of Israel moved by
Commissioner Carollo.
Commissioner Diaz de la Portilla: I second.
Commissioner Reyes: And I would like to co-sponsor.
Vice Chair Russell: Thank you. Seconded by Commissioner Diaz de la Portilla and
co-sponsor --
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Commissioner Diaz de la Portilla: I would like to co-sponsor also, please.
Vice Chair Russell: Thank you.
Commissioner Watson: So, would I.
Vice Chair Russell: Unanimous sponsorship, of the item PI1. Is there anyone here
from this public who would like to speak on this item? Seeing none, I'll close public
comment. Any further discussion from the dais?
Commissioner Carollo: Just a statement, imagine if since Monday we would be living
in a city, Miami, where we would've seen some 2,000 or more missiles launch at our
city. Including, as yesterday, about half -a -dozen suicide drones. Imagine the terror
that we would have in Miami, how our population would be living. And this is what
Israel is facing today. This is why our President, our State Department have come out
strongly supporting their right to defend itself and Israel being our strongest ally in
the Middle East, and the only democracy in the Middle East, we need to express
support from all corners of America to the State oflsrael.
Vice Chair Russell: Thank you. Any further discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes.
RESOLUTION
A RESOLUTION OF THE CITY OF MIAMI COMMISSION
DIRECTING CITY MANAGER TO BRING ALL PROPOSED SAFETY
MEASURES FOR THE MOTORIZED SCOOTER PILOT PROGRAM
("PILOT PROGRAM") TO CITY COMMISSION ON JUNE 24, 2021
FOR THE CITY COMMISSION TO EVALUATE THE PILOT
PROGRAM; FURTHER DIRECTING THE CITY MANAGER TO
BRING ALL SAFETY MEASURES THAT ARE TO BE INCLUDED IN
THE REQUEST FOR PROPOSALS ("RFP") FOR THE MOTORIZED
SCOOTER PROGRAM TO THE CITY COMMISSION ON JUNE 24,
2021 FOR EVALUATION OF THE PROPOSED RFP CRITERIA.
ENACTMENT NUMBER: R-21-0199
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Jeffrey Watson, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Vice Chair Russell: Boards and committees, please. And then we'll be done for the
day.
Commissioner Watson: Mr. Chair let me --
Vice Chair Russell: Yes, you're recognized, Commissioner Watson.
Commissioner Watson: There was -- the -- and I'm not so sure how it is dealt with,
but I want to ask a question to the clerk. This scooter item that was put forth minutes
ago by my colleague.
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Todd B. Hannon (City Clerk): I'm sorry, Chair -- Commissioner.
Commissioner Watson: The scooter item that was put forth a few minutes ago by my
colleague, and the -- I guess what was put forth was to suspend the program
indefinitely until something's done. And I'm asking that question because I want to try
to understand something, because I had two things happened and I want to address
the issue because it failed,for lack of a second, and I want to find out what exactly was
the amendment? What exactly was put forth?
Commissioner Diaz de la Portilla: The -- if I may?
Vice Chair Russell: You're recognized Commissioner.
Commissioner Diaz de la Portilla: The amendment will be to suspend the program
until additional safety measures are enacted or until this Commission acts to restart
the program. So it will be up to this Commission to come back and say, "Okay, now
they've implemented the safety measures that are included, " instead of waiting for the
RFP (Request for Proposal) and something bad happening between now and the RFP
going out and being granted or awarded, we will suspend the program pending some
safety measures being enacted by these companies dealing with the City of Miami,
and then we -- the Commission would act to reinstate the program. So instead of
rescinding the program altogether, we simply suspend it until this Commission acts
again, we could act in the future to restart it, or we can act to rescind it permanently,
or we can wait for the RFP, we can decide what we want as a commission. That's the
amendment.
Commissioner Watson: Okay. Mr. Chair, you've been working on this for how long?
Vice Chair Russell: Couple years now.
Commissioner Watson: Yeah. So let me just say, because we dealt with something, I
guess a week ago for a long time, and we tried to move to get a resolution and that
didn't happen. And what I like to make a friendly amendment to what was put forth, to
suspend it for a time certain because that pushes us to get a resolution, and all the
questions that could be answered, should be answered quickly, and I'm thinking about
two instances because I know it's only in District 2, I believe. But I had two senior
persons walk out of their house, a scooter was in front, and then I got calls and
pictures about -- so they may only be in your district as an experiment but they're
affecting everyone in some respect. And I think what happens is sometimes, not us, but
there's so many things going on with staff that it lingers to the extent that I also
believe in the micro mobility believe that people are using them in a useful way. They
are also being used in a way that is probably not accurate. And so, from that
perspective, maybe these guys hurry up and get us and you the things that are
necessary so it can be decided fairly quickly rather than it lingering on, and we'd
never get to resolution, if in fact it's something that you want to get done, right? So, I
would make an amendment to what was put forth at least for a time certain.
Commissioner Diaz de la Portilla: Thirty days?
Commissioner Watson: Thirty days.
Commissioner Diaz de la Portilla: Thirty days.
Commissioner Watson: So that we can get the resolution and let it be done. Let it be
used by residents who -- most of the people I know that I see are backpacks and all of
them using it for work because transportation cost is extremely high here. And so, if
that's accepted by the --
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Commissioner Diaz de la Portilla: Yes, sir.
Commissioner Watson: -- the person who put forth the amendment up or down or
whatever, butt think that it is a good idea. Butt think it should be a time certain all
the way around. So there's time certain here. There's time certain for them, and
there's a time certain for us now to get to the point of putting it out.
Vice Chair Russell: Your -- and so I understand correctly that amendment, is it to
create a thirty -day moratorium where we don't allow it? We stop the program now, or
in 30 days if we haven't addressed the problems, we stop the program, then? What
are you asking for?
Commissioner Watson: Well, I'm asking for a time certain. So, is it a time certain in
30 days the second one or 30 day the first one? I just want to see us get it resolved
rather than it linger on. So it seems to me -- what was -- what did you just say?
Vice Chair Russell: What 1 didn't understand was whether we 're trying to stop the
program today, or stop the program in 30 days or whatever that time was?
Commissioner Diaz de la Portilla: Today.
Commissioner Watson: Well, --
Vice Chair Russell: So, Commissioner Diaz de la Portilla is asking to stop the
program today. The reason I'm asking, and I understand --
Commissioner Watson: No go ahead. Go ahead.
Vice Chair Russell: Yeah. And I understand the concept, the idea of you don't want to
experiment with Miami on safety. The issue here is, I don't know how this new hub is
going to -- how we're going to respond to this new hub concept, whether it's going to
work or not. And the current method is getting better, but I don't think it's as good as
it could be. And that's why a pilot program can be tweaked and adjusted to get us
there. If we just stop right now, I think we'll be guessing a little bit on the permanent
version whether or not this hub situation is going to be too restrictive or not
restrictive enough. And that's why I'm seeking an extension on the -- well, I'm not
seeking an extension. I'm just seeking to leave the pilot program in place as it is, so
that we can fine tune it before issuing the RFP.
Commissioner Diaz de la Portilla: And my -- may I, Mr. Chair?
Vice Chair Russell: Yeah, you're recognized.
Commissioner Diaz de la Portilla: My concern, Commissioner Watson, is if
something bad happens while the program is in place when we already know that bad
things can happen, we're basically testing technologies. So, we suspend it, force them
to come back to us in -- within 30 days, it could be earlier, the companies with all the
safety measures in place, and then we resume it, and restart it. If the safety measure --
if the Commission agrees, obviously, because the Commission has to agree, they come
back with the safety measure. Just not use our residents because you're correct, it
does impact other districts even though it's only in District 2.
Vice Chair Russell: That I'd like to address because none of the scooters should
physically be able to leave --
Commissioner Diaz de la Portilla: Well, it's not only that it impacts other districts. It
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is that kids from my district, in Allapattah, go there.
Commissioner Watson: Yeah. But they --
Vice Chair Russell: Okay. And kids from all over the city go to downtown and play
with the scooters --
Vice Chair Russell: No. Physically, technologically should not be able to leave the
district.
Commissioner Diaz de la Portilla: No, 1 know but, Commissioner, kids from -- like
scooters and they want to play, and they go to Bayfront Park and they're going to --
they can live in any district.
Vice Chair Russell: You're not understanding me.
Commissioner Diaz de la Portilla: No, I am understanding.
Vice Chair Russell: What am I saying then?
Commissioner Diaz de la Portilla: What you're saying is that they go outside the
district boundaries and that they shouldn 't be outside district boundaries.
Vice Chair Russell: No. No, no. The scooters technologically are meant to stop the
second they hit to district boundary --
Commissioner Diaz de la Portilla: I understand. What I'm telling you -- what I -- my
argument --
Vice Chair Russell: -- so if they are not that's a problem that the Administration needs
to address.
Commissioner Watson: Hold on -- hold on -- hold on. Just, yeah. They may not
because you're talking about the shopping cart technology, right? I'm not so sure it
always works and where I was called where this -- the lady almost fell down, it's way
beyond your boundaries, but it -- but we abut, and so maybe that happened. So -- and
look, I understand these guys have made an investment in order to do what they're
doing. I just don't know how long we want to have it ongoing, knowing that those
issues exist and there is a safety issue for people who don't use them, right? So, since
he made the -- put forth the legislation, then it's upon the Commissioner to accept the
amendment. If the amendment is to now let them go 30 days and do have -- and then
give us an answer, then so be it. But I know that there are some things that we spent
an enormous amount of time on that's far more important than this, and it's the same
thing, and it lingers. And so, we're just trying to get to the resolution. They are in the
business of doing scooters. They should have all kind of -- what do you call, industry
practices and standards and know what we're talking about. We need to, now make
sure that they come forth with something sooner than later. So the amendment then
would be allow them the 30 days, the (UNINTELLIGIBLE), and then -- so they can
come back, and then we go forward. And if he wants to accept that, that's fine. That
wasn't mine, butt think that suggest is good as well, because they have made an
investment, and we want to try, to be in the forefront of these things happening and not
behind.
Commissioner Diaz de la Portilla: I agree that -- if you -- if that's what you want,
Commissioner, I will agree to that, that we let them, you know, be out there for
another 30 days from today.
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Commissioner Watson: Yeah.
Commissioner Diaz de la Portilla: And they conie back to us with the safety measure
and then we take another vote on it, whether we want to continue the program or not.
So, I'll -- I'll accept that amendment. Thank you.
Vice Chair Russell: Let's -- okay, rather than 30 days, can we look at it from a
calendar perspective? Because if it falls on a date that's not under a Commission, it
will actually --
Commissioner Diaz de la Portilla: June -- on June -- the June 24th.
Vice Chair Russell: So --
Commissioner Diaz de la Portilla: June loth will be the closest one really, but we can
do June 24th if you want, Commissioner. June 24th?
Commissioner Watson: Yeah.
Commissioner Diaz de la Portilla: That's fine.
Vice Chair Russell: So, the motion is to have the scooters come back within the June
24th meeting with new safety measures?
Commissioner Watson: Yeah.
Vice Chair Russell: And if those safety measures are not satisfactory to this
Commission that we then end the pilot program?
Commissioner Diaz de la Portilla: We can, or we can do whatever we decide to do as
a Commission, butt would like to include -- so what you're truing to do is also that
the -- whatever is in the RFP now has already been researched as safety measures
that -- to be included in those safety measures and part of the discussion --
Vice Chair Russell: Yeah.
Commissioner Diaz de la Portilla: -- right? So that we would include those safety
measures that are now in the RFP that's in the works?
Commissioner Watson: Yeah, because they should already be --
Commissioner Diaz de la Portilla: June 24th we have those safety measures in place,
not that they come back and say, "Hey, we -- all of a sudden, we're putting one
technology, " and that's it. Because I agree with you, they have the ability.
Commissioner Watson: I mean, I'm making an assumption that they are working with
-- I always say Colonel Dodd, but they're working with Chief Dodd.
Commissioner Diaz de la Portilla: Yeah.
Commissioner Watson: In order to ensure that what's going to come out makes sense,
right?
Vice Chair Russell: Yes, right.
Commissioner Watson: That's all. Just -- Ijust noticed sometimes for us, and ifwe
take our attention off of it, then it doesn't come back like we want it to. And so, I just
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want to make sure that we do something sooner than later just to get it going, because
I know these guys are coming forth. They are coming forth for our support. 1, just had
a new company come the other day. So obviously they know when something is
happening and the sooner, we get the information we need the quicker we can make a
decision about what goes forward.
Vice Chair Russell: Thank you. So the motion is to reconsider the scooter pilot
program on June 24th, ensuring new safety measures that can be put into place, and
we'll make a decision at that point?
Commissioner Watson: Yes.
Vice Chair Russell: All right. I would actually support that, and 1 would like to -- to
ask the Administration, Mr. Dodd, Mr. Manager, to make sure all companies have the
geofencing technology in place to not allow a scooter to leave the district. This was
very important to me in respecting my fellow Commissioners' boundaries on watching
this test pilot -- this pilot program, that it does not go into their district. And I would
like that -- an audit of how many companies, in their self -policing, have actually
issued violations of $250 fines to parents who are using -- allowing their children to
use their scooters. There's been a motion. There's been a second, and within a -- well,
it's not this item in front of us, it's what we just stated.
Commissioner Watson: Right.
Vice Chair Russell: Right? Okay. So, it's not the original. So, this will be P1.2 moved
by Commissioner Diaz de la Portilla, seconded by Commissioner Watson. I'll open
the floor for public comment. Does anyone here like to comment on it? Seeing none,
close public comment. All in favor of the item say aye?
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes. Thank you very much.
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NA.4
9074
City Commission
ATTORNEY -CLIENT SESSION
UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE
CONDUCTED AT THE MAY 27, 2021 MIAMI CITY COMMISSION
MEETING. THE PERSON PRESIDING OVER THE COMMISSION
MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN
ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR
PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE
MATTERS OF CHALKS AIRLINE, INC. V. CITY OF MIAMI, CASE
NUMBER 17-023207-CA-01, AND CHALKS AIRLINE, INC. AND
NAUTILUS ENTERPRISES, LLC V. MIAMI SPORTS AND
EXHIBITION AUTHORITY AND CITY OF MIAMI, CASE NUMBER
18-030887-CA-01, BOTH PENDING IN THE MIAMI-DADE CIRCUIT
COURT, TO WHICH THE CITY IS PRESENTLY A PARTY. THE
SUBJECT OF THE MEETING WILL BE CONFINED TO
SETTLEMENT NEGOTIATIONS OR STRATEGY DISCUSSIONS
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 THIS SESSION IS FULLY
TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC
UPON THE CONCLUSION OF THE LITIGATION. AT THE
CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE
REGULAR COMMISSION MEETING WILL BE REOPENED AND
THE PERSON CHAIRING THE COMMISSION MEETING WILL
ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT
SESSION.
RESULT: DISCUSSED
Vice Chair Russell: Is any other business to be conducted today, Madam City
Attorney, you have something for us.
Victoria Mendez (City Attorney): I would like to read a potential shade meeting
request. Not that we'll have it, butt just need to have the option on an item. Mr.
Chairman, and members of the Commission, pursuant to provisions of Section
286.011(8) Florida Statutes, I'm requesting that at the City Commission meeting of
May 27, 2021, an attorney -client session closed to the public be held for purposes of
discussing the pending litigation and the matters of Chalks Airline, Inc.
(Incorporated) versus City of Miami, Case Number 17- 023207 CA-01, and Chalks
Airline Inc. and Nautilus Enterprises, LLC (Limited Liability Company) versus Miami
Sports and Exhibition Authority and City of Miami, Case Number 18-030887 CA-01,
both pending Miami -Dade Circuit Court to which the City is presently a party. The
subject of the meeting will be combined to settlement negotiations, for strategy
discussions related to litigation expenditures. This private meeting will begin at
approximately 10:00 a.m., or soon thereafter as the Commissioners' schedules permit
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Meeting Minutes May 13, 2021
ADJOURNMENT
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, Senior Assistant City Attorneys Christopher
Green, George Wysong, and Kerri McNulty. A certified court reporter will be present
to ensure the session is fully transcribed and the transcript will be made public at the
conclusion of the litigation. At the conclusion of the attorney -client session, the
regular Commission meeting will be reopened and the person chairing the
Commission meeting will announce the termination of the attorney -client session.
Thank you.
Vice Chair Russell: All right. Thankyou-all. If there's nothing else, we are adjourned.
Everyone have a great weekend.
The meeting adjourned at 12:36p.m.
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