HomeMy WebLinkAboutCC 2021-07-08 MinutesCity of Miami
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Its
4.7
Meeting Minutes
Thursday, July 08, 2021
9:00 AM
City Commission Meeting
City Hall
City Commission
Francis X. Suarez, Mayor
Ken Russell, Vice Chair, District Two
Alex Diaz de la Portilla, Commissioner, District One
Joe Carollo, Commissioner, District Three
Manolo Reyes, Commissioner, District Four
Jeffrey Watson, Commissioner, District Five
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Minutes July 8, 2021
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo,
Commissioner Reyes and Commissioner Watson
On the 8th day of July, 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 9:40 a.m.,
recessed at 12:10 p.m., reconvened at 3: 50 p.m., and adjourned at 7:12 p.m.
Note for the Record: Commissioner Carollo entered the Commission chambers at 9:46 a.m.,
and Commissioner Diaz de la Portilla entered the Commission chambers at 9:48 a.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
Vice Chair Russell: Good morning, everyone. Thank you for your patience. Sorry for the
wait. Welcome to the July 8th, 2021, meeting of the City of Miami City Commission in these
historic chambers. Procedures for the public comment will be explained by the City Attorney
shortly. Procedures for the swearing in of parties for the Planning and Zoning and/or quasi-
judicial items will be explained by the City Clerk. The members of the City Commission
appearing for this meeting are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, Jeffrey
Watson, and me, Ken Russell, your Chair. Also appearing are City Manager Art Noriega, City
Attorney Victoria Mendez, and City Clerk Todd Hannon. The meeting will be opened with a
prayer by Commissioner Reyes and then the Pledge of Allegiance. Please stand.
Commissioner Watson: Mr. Chair, I just want to say -- permission, Mr. Chair.
Vice Chair Russell: Yes.
Commissioner Watson: Also, after we move fonvard, pause for a moment of silence for the
assassinated President of Haiti.
Commissioner Reyes: Yes, sir.
Commissioner Watson: Thank you.
Commissioner Reyes: Thank you. That's all horrible. Homicide. We pray that the culprits be
apprehended. And his family -- his family and the Haitian Nation our condolences. 1 really
felt real bad when 1 heard it. 1 would like everybody to say a prayer. In these times that we're
living, and we had over two weeks of constant watching and expecting and hoping to find
survivors in that horrible, that tragedy that occurred in Surftide. And I want everybody to say
a prayer for all the first responders. They deserve our gratitude and also our admiration. We
really are proud of them for what they're doing every single first respondent, and particularly,
our firefighters, you see, City of Miami firefighters, that they had been present 24/7. And we
had one of our members, firefighter, lost his child; he lost his little girl. And he was there
trying to find her and finally they found her. And I can't imagine. I can't imagine being a
father, the pain that that gentleman went through. So, let's pray to the Lord for her soul and to
hold the -- our firefighter to find -- try to find peace. And I wish every one of you to pray for
all of us. So, bow your head and please pray. Thank you. Thank you very much. I know that
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we have a preacher here. That I will never be a preacher because 1 don't have the -- the -- I
mean, that's easy. The words don 't come that easy as it come to you. But please pray with
your congregation and I know that you are going to a meeting where they're going to be a --
there's a meeting of people of the Lord, and I am requesting that you please pray for Miami
and pray for all of us and pray for all those people that have lost families. Thank you. Thank
you very much.
Vice Chair Russell: Thankyou. Please turn, for the Pledge of Allegiance.
Pledge of Allegiance delivered.
Vice Chair Russell: Thank you. You may be seated. Watching things unfold in -- in -- in Haiti
is such a reminder to us that violence is never the solution for a transition of power. We have
parallels to that in our own country. And so, we wish peace and democracy for the country of
Haiti --
Commissioner Reyes: Yes.
Vice Chair Russell: -- and to the 400,000 Haitians who live in the State of Florida, we're here
and we support you. This Commission passed a resolution three years ago requesting that the
then President of the United States extend TPS (Temporary Protected Status) for Haitians as it
was running out. And I'm very thankful to President Joe Biden jrodoing exactly that with his
administration this year. You have a home here until you have a home there. Thankyou.
PART A - NON -PLANNING AND ZONING ITEM(S)
ORDER OF THE DAY
Vice Chair Russell: But to start the meeting off appropriately, Mr. City Attorney, please state
the procedures to be followed during this meeting.
Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a
lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and
comply with the related City requirements for lobbyists before appearing before the City
Commission. The person may not lobby a City official, board member, or staff member until
registering. A copy of the code section about lobbyists available at the City Clerk's Office or
online at municode.com. Any person making a presentation, formal request, or petition to the
City Commission concerning real property must make the disclosure required by the City Code
in writing. A copy of this code section is available at the Office of the City Clerk or online at
municode.com. The City of Miami requires that anyone requesting action by the City
Commission must disclose before the hearing any consideration provided or committed to
anyone for agreement to support or withhold objection to the requested action pursuant to
Section 2-8 of the City Code. Any documents offered to the City Commissioners that are not --
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. If any commissioner thinks the
documents supplied to the Commission fewer than seven days before merit a continuance, the
item may be continued by the City Commission. Pursuant to Sections 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 miamigov.com. Any
person may be heard by the City Commission through the Chair for not more than two minutes
on any proposition before the City Commission, unless modified by the Chair. Public comment
will begin at approximately 9:00 a.m. and remain open until public comment is closed by the
chairperson. Members of the public wishing to address the body may do so by submitting
written comments through the online comment form. Please visit
miamigov.comlmeetinginstructions.fbr detailed instructions on how to provide public comment
using the online public comment form. The comments submitted through the comment form
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Meeting Minutes July 8, 2021
have been and will be distributed to the elected officials and City Administration throughout
the day so that the elected officials can consider the comments prior to taking any action.
Additionally, the online comment form will remain open during the meeting to accept
comments and distribute to the elected officials up until the time the chairperson closes the
public comment period. Public comment may also be provided live at City Hall located 3500
Pan American Drive, Miami, Florida, subject to any and all city rules. If the proposition is to
be continued 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 disability requiring assistance, auxiliary aids, and services for
this meeting may notes the City Clerk. The City has provided (UNINTELLIGIBLE) public
comment methods to indicate, among other things, the public's support, opposition, or
neutrality on the items and topics to be discussed at today's City Commission meeting,
pursuant to Section 286.014(4)(c) of Florida Statutes. The public has been given the
opportunity to provide public comment during the meeting within reasonable proximity in time
before the meeting. Please note, commissioners have generally been briefed by city staff and
the City Attorney on items on the agenda today. Anyone wishing to appeal any decision made
by the City Commission for any matter considered at this meeting may need a verbatim record
of the item. A video of this meeting may be requested at the Office of Communications or
viewed online at miamigov.com. PZ (Planning and Zoning) items shall proceed according to
Section 7.1.4 of the Miami 21 Zoning Code as temporarily, modified pursuant to emergency
ordinance numbers 13903 and 13914. Pursuant to emergency ordinance number 13903 and
13914, parties for any PZ items including any applicants, appellant, appellees, City staff',' and
any person recognized by a decision -making body as qualified intervener, as well as the
applicants representatives, and any experts testifying on behalf of the applicant, appellant, or
appellee may either be physically present at City Hall to be sworn in by oath or affirmation by
the City Clerk or may appear virtually and make arrangements to be sworn in by oath or
affirmation in person at their location by an individual qualified to perforrn such duty.
Pursuant to emergency ordinance number 13903, members of the general public who are not
parties to an action pending for this 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 Statutes Section
286.115 and Section 7.1.4.5 of the Miami 21 Code. Staff will briefly, present each item to be
heard. For applications requiring City Commission approval, the applicant will present its
application request to the City Commission. If the applicant agrees with the staffs
recommendation, the City Commission may proceed to 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. For appeals, the appellant shall present its appeal to the City Commission,
followed by the appellee. Staff will be allowed to make any recommendation they may have.
Please silence all cellphones and other noisemaker devices. This meeting can be viewed live
on Miami TV at miamigov.comlty, the City's Facebookpage, the City's Twitter page, the City's
YouTube channel, and Corncast Channel 77. Broadcast will also have closed captioning.
Thank you, Mr. Chairman.
Vice Chair Russell: Good morning, Mr. Clerk?
Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who
providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items
on today's City Commission agenda will be as follows: The members of City staff or any other
individuals required to be sworn in who are currently present at City Hall will be sworn in by
me, the City Clerk, immediately after I finish explaining these procedures. Those individuals
who are appearing remotely may be sworn in now or at any time prior to the individual
providing testimony for Planning and Zoning items and/or quasi-judicial items. Pursuant to
emergency ordinance number 13903, those individuals appearing remotely, may be sworn at
their location by an individual qualified to administer the oath. After you're sworn in, please
be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's
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Office. Each individual who'll provide testimony must be sworn in and execute an affidavit.
Please e-mail a scan version of the signed affidavit to the City Clerk at
thannon@naiamigov.com prior to providing testimony on the Planning and Zoning item and/or
quasi-judicial item. The affidavit shall he included in the record for the relevant item for
which you will be providing testimony. Commissioners, are you comfortable with all the notice
provisions set forth in these uniform rules and procedures we've established for this meeting?
Vice Chair Russell: Yes. Thank you.
Mr. Hannon: Chair, may 1 administer the oath for the Planning and Zoning items?
Vice Chair Russell: Yes, Mr. Clerk.
Mr. Hannon: Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If
you will be speaking on any of today's Planning and Zoning items, any of today's Planning
and Zoning items, may I please have you stand and raise your right hand?
The City Clerk administered oath required under City Code Section 62-1 to those persons
giving testimony on coning items.
(COMMENTS MADE OFF THE RECORD).
Mr. Hannon: Thank you, Chair.
Vice Chair Russell: Thank you, Mr. Clerk.
[Later...]
Vice Chair Russell: Are there any presentations and proclamations for today? Any
Commissioners? Mayor's office? Alright, thank you. Good morning, Mr. Manager. Are
there any items that the Administration would like to see withdrawn, deferred, or continued?
Arthur Noriega (City Manager): Good morning, Mr. Vice Chair, Commissioners and Madam
City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or
withdraw the following items: On the regular agenda, RE.10, to be deferred to July 22nd;
FR.1, to be deferred to July 22nd; DL1, to be deferred to July 22nd; DL2, to be withdrawn.
Commissioner Carollo: What's DI.2 please?
Mr. Noriega: DI.2 is the American Rescue money discussion. The intent is to bring an actual
item back, not a discussion item, but an actual plan. I know the Mayor's been meeting with
each ofyou individually, so --
Commissioner Carollo: (INAUDIBLE).
Mr. Noriega: I can't hear you, sir. Sorry. Your mic is not on.
Commissioner Carollo: I said you will be meeting with each of us beforehand, right?
Mr. Noriega: Oh, I will. The Mayor's been meeting with you individually, then I'll do a
follow-up afterwards, yeah.
Commissioner Carollo: Okay.
Mr. Noriega: Correct. And then there's a time certain item which is DI.4, which is the
Vizcaya Metrorail Station has a 3 p.m. time certain.
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Commissioner Reyes: Okay, Mr. Chair.
Vice Chair Russell: Are there any other items from the Administration?
Mr. Noriega: No, sir, that concludes the items.
Vice Chair Russell: Commissioner Reyes, you 're recognized.
Commissioner Reyes: Yes. I would like to ask for a deferral for RE.13.
Commissioner Carollo: Which one?
Commissioner Reyes: RE.13. It is -- it is -- I'm asking you if you agree that we defer this to
September?
Commissioner Carollo: Can we leave this for after lunch sometime and discuss it?
Commissioner Reyes: Okay, okay. And also PZ. 1, then -- my problem with PZ. 1, I want to sit
down. I had not received the information that I asked about what was going to be the
breakdown of the rent, how much of the AMI (Area Median Income) is going to -- is going to
be used. And last time they were going way over the AMI, and I would like to sit with
(INAUDIBLE) --
Vice Chair Russell: This is the Rainbow Village item?
Commissioner Reyes: Yes. Okay.
Vice Chair Russell: Are you seeking a deferral, or you'd like information before the item
comes out?
Commissioner Reyes: Oh, I would have to sit down and discuss why I feel like that because
obviously, I haven 't received any information on -- that I requested. And when we met -- and 1
would like deferred to September or next meeting. I don't care. As soon as I get the
information.
Commissioner Watson: Let me --
Vice Chair Russell: Commissioner Watson, this is in your district. What are you looking for?
Commissioner Watson: Let me say that if they are present, then I'd like for them to sit down
with you at some point today because it's a time sensitive item.
Commissioner Reyes: Okay.
Commissioner Watson: If they are present -- if they're present, the proposers, if you need to sit
down with Commissioner Reyes before day's end, otherwise, it'll be --
Commissioner Reyes: Let me be very specific about this. We have a legislation that when you
receive any benefits from us and you are offering "affordable housing" or workforce housing,
you cannot charge anything that is above 100 percent of AMI At 100 percent and at 110 --
and I'm going to give you a little sample, for example, from going to 110 means that you are --
you could charge up to almost $1,900 a month, you see? If you bring it down to 100, that will
be maximum $1,600 a month, which is extremely -- I mean, it really affects the population that
we want to serve. And one thing that -- and have been my request since I got here, that if we
offer affordable housing, they have to be affordable, you see? They have to be affordable. And
if we are offering any benefits, then those benefits that -- I mean, we should get in return units
that they are affordable for the people that live in the area.
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Commissioner Watson: So, Mr. Chair, just so they can come back this afternoon will hold up.
They should get with Commissioner Reyes. Commissioner Reyes says it's a nonstarter for him.
So, get those numbers, if you're not interested in your item being pulled since its time
sensitive, you need explain to him, he's consistent with that and what that means for him.
Commissioner Reyes: Okay.
Commissioner Watson: My district notwithstanding it's the same for him in every district,
right? So, affordability is an issue. He needs to be explained to exactly what that is. You need
to do that so that we can make sure the item can be heard if that's what you want to do. All
right?
Vice Chair Russell: All right. It sounds like Commissioner Reyes has a lunch appointment
now. Are you -- are you willing to at least table this for today?
Commissioner Reyes: Absolutely. Okay. I mean, that's my only concern. I agree that we
have to develop. I agree that we have to provide affordable housing, but let's make sure that
we provide an affordable housing. That's my --
Vice Chair Russell: So, both RE.13 and PZ.1 will not be added to the moment's deferral list
for the order of the day, but we'll take it up. They may be deferred this afternoon.
Commissioner Reyes: Absolutely. Absolutely. Absolutely.
Vice Chair Russell: Understood. Are there any other items from Commissioners that like to
see withdrawn, deferred or continued?
Commissioner Watson: RE.15 would defer -- be deferred to 6/22.
Vice Chair Russell: 6/22.
Commissioner Watson: 7/22 -- 7/22, sorry.
Vice Chair Russell: I'm sorry?
Commissioner Watson: Deferred to 7/22.
Vice Chair Russell: 7/22?
Commissioner Watson: Correct.
Vice Chair Russell: Thank you.
Commissioner Carollo: Okay. RE.15?
Vice Chair Russell: Yes.
Commissioner Watson: Yes, sir -- yes, sir.
Commissioner Carollo: Okay. Is there a time limitation that they need in this, or it doesn't
matter?
Commissioner Watson: Well, it's not a timing limitation. Otherwise, they liked to get going.
But they're not finished with that process and there's going to be another board member
added, and so they want to at least give them two weeks to finish their process so they can be
moving over the break.
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Commissioner Carollo: All right. So, this R15 [sic]?
Vice Chair Russell: Yes. Little —
Commissioner Watson: RE.15, yes.
Vice Chair Russell: A Little Haiti Revitalization Trust president/CEO (Chief Executive
Officer).
Commissioner Carollo: Okay. And then I'm not looking at the right one here.
Commissioner Watson: Yeah. This is the Little Haiti Trust.
Commissioner Carollo: Yeah, yeah. This is a -- I was looking at another one here. All right.
Thank you.
Commissioner Watson: Okay, sure.
Vice Chair Russell: Any other items? All right. Is there a motion to (INAUDIBLE) --
Commissioner Carollo: Motion.
Vice Chair Russell: -- the order the day. Moved by Commissioner Carollo --
Commissioner Reyes: Second.
Commissioner Watson: Second.
Vice Chair Russell: -- second by Commissioner Reyes. Any further discussion? All in favor,
say "aye."
The Commission (Collectivelv): Aye.
Vice Chair Russell: Motion passes. Thank you very much.
[Later...]
Vice Chair Russell: Commissioners, are there any pocket items you'd like to add for
reconsideration today?
Conmzissioner Watson: Yes, I have one.
Vice Chair Russell: Go ahead. PI.1, what is your pocket item, Commissioner?
Commissioner Watson: It's -- it's in reference to the naming of Dr. MLK (Martin Luther King)
Boulevard, Northwest 62nd Street, a cultural corridor. And so, this is to allow the staff began
the process of moving through that process for that designation.
Vice Chair Russell: Thank you. Cultural corridor?
Commissioner Watson: Yeah. Yes.
Vice Chair Russell: Thank you, Commissioner. That's PL1, resolution of Miami City
Commission directing the City Manager take any and all necessary steps to begin the process
of designating Martin Luther King Boulevard Northwest 2nd -- 62nd Street as a cultural
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corridor. And to report back to the Commission in 60 days. I got two copies, Commissioner, if
you need it. Are there any other pocket items any commissioners would like to bring up today?
Commissioner Diaz de la Portilla: I have -- I have a pocket item directing the City Manager to
add three Sergeant -at -Arms to the City Commission.
Vice Chair Russell: That'll be PL2, direction to the Manager to add three Sergeants -at -Arms
to the staff.
Commissioner Diaz de la Portilla: Of the City Commission.
Vice Chair Russell: Of the City Commission. Are there any other pocket items that any
commissioners would like to add? All right. Commissioner Carollo, any pocket items from
your -- from your office?
Commissioner Carollo: Not at this point in time. (INAUDIBLE) item that I have for later
(INAUDIBLE).
Vice Chair Russell: Thank you. All right.
PUBLIC COMMENTS FOR ALL ITEM(S)
9347 DISCUSSION ITEM
Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
Clerk PUBLIC FOR THE JULY 8, 2021 CITY COMMISSION MEETING.
RESULT: PRESENTED
Vice Chair Russell: I'd like to move to public comment now for the remaining items
on the agenda, if you're here to speak on any of the remaining items, whether it's
Planning and Zoning or otherwise, you'll have two minutes. You just need to state
your name and the item you are speaking on. You'll hear a little deep right around
the thirty-second mark in your two min, that's the signal to start wrapping it up so
that we can respect everybody's time. Please alternate lecterns here. And if you can
line up at both, so we'll just alternate back -and forth between. And you're very
welcome. Good morning.
Mileyka Burgos -Flores: Good morning, Commissioners. Mileyka Burgos -Flores,
executive director at the Allapattah Collaborative, 1951, Northwest 17th -- 7th
Avenue. I am here to speak on item RE.13, and I have two main points on that. We
believe that community, input should be at the center of any development, especially
when we're dealing with public resources. This project should not be the exception.
If done correctly, this could be beneficial for Allapattah. However, we must consider
that the Allapattah Library is the second oldest library in Miami, definitely a
potential historic treasure. We have a commercial corridor whose small businesses
input must be taken into consideration. We also have a high school across the street
and a senior building to the west of the property. Their voices and needs must be
heard. Please also consider that affordable housing in Allapattah means housing
that is affordable and attainable to people in Allapattah. The Allapattah median
income is $27,000 and the county median income is $59,000. Sixty percent of the
County AMI (Area Median Income) is not affordable to people in Allapattah because
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the Allapattah AMI is really fifty percent of the county AMI. If the current land
conveyance process, has shown us anything, is that it needs to be revamped. This
experience clearly shows that we need public land conveyance protocols that are
transparent and centered in meaningful community participation and input. If the
community was involved from the beginning, this wouldn't be happening. We need a
transparent, community, driven strategy that is equitable, efficient, and provides
clear guidelines to everyone involved. Miamians cannot afford a hit or miss process,
which is what we have right now. We need protocols that work for the benefit of the
community all the time not just sometimes. We would love to collaborate with you
on legislation that establishes a community informed, transparent, inclusive, and
participatory protocol to convey public land. We're happy to share best practices
with you and make this a reality. Thank you so much.
Vice Chair Russell: Thank you for your comments.
Commissioner Carollo: If you would, ma'am?
Ms. Burgos -Flores: Yes.
Commissioner Carollo: Get ahold of my office because I think what you are asking
for is something that is very valuable to the City, and should be done. So, get ahold
of my office. I'll be happy to talk with any one of you from Allapattah or any other
districts. And with the Administration try to come up with something, that will be
proper and makes sense. I -- look, I have nothing against this project. I brought it
back on Jroa possible reconsideration because it doesn't make sense to me, among
some of the things that I've heard, that the organization that we gave this property to
is not doing anything, but they're going to get 20 percent of the profits. I rather have
the City get a smaller amount and sell that to whoever wants to develop it. And they
could save a lot of money instead of having to pay the 20 percent. But that's one
opinion anyway, and this is why with what you're requesting makes a lot of sense.
So, I thank you for corning here today --
Ms. Burgos -Flores: Thank you, sir.
Commissioner Carollo: -- taking your time to bring this to our attention.
Vice Chair Russell: Thank you. Good morning, sir.
Miguel Soliman: Good morning, Mr. Chairman. Good morning, Commissioners.
Good morning to all. My name is Miguel Soliman. I live at 1436 Southwest 6th
Street, Little Havana. Commissioners, I'm here to bring something to your attention.
I'm a general contractor and have been certified in the State of Florida since 1984.
In Miami -Dade County, we have a Code Enforcement Department that enforces the
Florida Building Code. The City of Miami, we have two mechanisms to avoid
disasters, like we had in Miami Beach. That is Unsafe Structures and a Code
Enforcement Department. The problem with our Code Enforcement Department is
that it is geared and design to enforce the City of Miami Code, not the Florida
Building Code. There are a lot of disasters that we can be facing and collapse --
structural collapse of a building is not the only one. We have hurricanes that we,
thank God, just avoided one that can tear apart a structure, send it flying into your
neighbor's house and kill someone. We have fires in buildings that if they are not --
if they don't have proper means of egress and identified exit, fire sprinklers, fire
alarms, that can kill hundreds of'people too. Our Code Enforcement Department
enforces the City of Miami Code, but it does not enforce the Florida Building Code
the way that Miami -Dade County Code Enforcement Department does and that is
where we lack deficiency. Right now, we go into a business that violates -- that
violates the Florida Building Code, and we're putting a burden on an Unsafe
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Structure Department, that that is not their purpose. The building -- the Code
Department is the one that is supposed to enforce according to the South Florida
Building Code.
Vice Chair Russell: Thank you.
Mr. Soliman: Thank you.
Vice Chair Russell: Good morning.
Sabrina Velarde: Good morning, Commissioners. Sabrina Velarde. I am the policy
director for Miami Homes for All, and I'm here to speak in reference to RE.13 as
well. Our address is 1951 Northwest 7th Avenue, Miami, Florida, 33136. Miami
Homes for All shares the hopes you've heard already for the redevelopment of the
Allapattah Library site. After hearing from community stakeholders, we agree that
the development should reach deeper affordability that should be targeted to the
incomes of Allapattah residents, and of course, in accordance with fair housing
guidelines. That the development should retain the library and the parking onsite,
and that additional engagement should be conducted by the grantee to ensure that
community, needs are met. If all of the above comes to pass, we believe this
development could bring a lot of benefit to Allapattah. We hope that the City, the
grantee, and that its partners reach an agreement that incorporates those three
things. This project presents a case study to inform how public land can and should
be deployed. It demonstrates the power of community engagement by trusted
connected partners and how it can make a truly -- a project better for multiple
stakeholders in the neighborhood, from residents to workers, to small business
owners, and by extension, the developer and property owner. It also shows how
slow, inefficient and uncertain the process of getting to this outcome can be. We
propose an alternative, a policy by this Commission that can make more beneficial
developments such as truly affordable housing possible and faster to come online. A
transparent policy that articulates the rules of early -stage community engagement,
as well as the goals for the use of city -owned land. We believe this would create
better development, inform private sector partners upfront, and reduced time and
other real costs in the development process. In order to fill the vast shortage of
affordable housing and to meet other needs of our residents, we must pass policy --
policies to make truly beneficial development possible more often and faster. Miami
Homes for All is available to share best practices in the deployment of publicly on
land should this Commission and Administration decide to do so.
Vice Chair Russell: Thank you for your comments. Good morning.
Jeremy Waks: Hi, good morning. My name is Jeremy Waks. I'm a local resident at
3775 Loquat Avenue. I'm a local business owner, and I'm also a co-founder of
Debris Free Oceans, which is a local 501(c)(3) nonprofit me and my wife found in
2014 to cleanup marine debris, educate the youth, and try to work with local
legislature to pass single use plastics bans and help clean up our oceans. I'm here
to speak on behalf of a proponent of the Rickenbacker Marina and Abad's family
who has operated the marina for 40 years. I have worked with Abad doing multiple
cleanups. He's been an excellent member of the local community. He's been an
activist, environmentally, and he's helped, I know, our non-profit, do a lot of great
things in the community. I think Abad and his family had been good stewards of the
land that they've been operating for the past, I think, 40 years or so, and you know, I
think they're good people and we need people like that who care about the local
environment, and not just the environment, but the people who work there. And I
think these are the kinds of people we want to operate on city land, and I' in just here
to speak on his behalf to, you know -- not on his behalf but on my behalf to let you
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guys know 1 think it's a great idea to keep, you know, these guys onsite. So, thank
you.
Vice Chair Russell: Thank you for your comments. Good morning.
Ana Sofia Pelaez: Good morning, Commissioners. I'm here to speak on RE.13. My
name is Ana Sofia Pelaez. I am a resident of Shenandoah, City of Miami, 1825
Southwest 21st Avenue. My organization, Miami Freedom Project, is a member of
the Public Land for Public Good Coalition. We're made up of 30 grassroots
organization that have developed a list of principles for developing public land to
ensure it is done equitably and sustainably. I'm here to talk about the importance of
a community engagement process where the needs of the community are centered.
We are not interested in derailing projects or even delaying them. What we do want
are public land conveyance protocols that are efficient, transparent, and where the
community is involved from the inception to completion. Right now, we're
conducting a survey to see what residents' needs are for 18 acres of publicly owned
land in the heart of Allapattah on Northwest 20th Street. They have a lot to say
when you ask them. Many of you have already shown your support for this initiative
and we urge you to adopt legislation that establishes community centered protocols
for public land conveyance that could become a guide for public land conveyance in
Allapattah and across the city. Thank you.
Vice Chair Russell: Thank you. Good morning.
Victor On -Sang: Good morning, everyone. My name is Victor On -Sang. I'm a UM
(University of Miami) -- I'm a law student at the University of Miami. I'in an intern
at the Community Justice Project and I'm here to speak about RE.13 also. And
much like the speakers right before me were concerned about a lot of the people that
we serve, concerned about displacement, a lot of the development that's going on in
a rapidly, exponentially growing city. And in particular, the disposition of city -
owned property, we believe should he more transparent -- should he more
transparent and should have some community input. I believe there's already some
scenarios where, conveyance of city -owned property requires voter referendums and
public hearings, and we believe the even for affordable housing and public programs
that benefit working and low-income people, there should be some public hearings
and voter referendums to ensure that the community has some say. And also, to
reinforce and re -highlight that the median income in Allapattah and a lot of
communities and around and throughout the city, Little Haiti, offers around $25,000
for many families. So, once we started creeping up to 60 percent AMI and above, the
rent becomes unaffordable Jromany. And thank you, I hope the conunissioners
please consider having some more community input so that projects won't be
delayed. Thank you.
Vice Chair Russell: Thank you. Good morning.
Julio Diaz: Good morning, Commissioners. My name is Julio Diaz. I'm
representing myself and my co -business owners on RE.13. The small businesses
located in the vicinity of the Allapattah Branch Library and its accompanying public
lot at Northwest 35th Street and 17th Avenue are joining together to express
concerns with the conveyance of land you have agreed to in the City of Miami
Resolution R-20-0295, without considering the impact of the nearby businesses, nor
the community. Many of our small businesses depend on the parking lot adjacent to
the Allapattah Library. The parking lot provides a safe, accessible area for
customers in addition to ensuring compliance with Certificate of Use requirements.
For several years, we have been voicing the challenging parking situation in our
area, which makes it difficult for our customers and employees. Eradicating the only
public parking lot in the area will make it much more difficult for small businesses to
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survive the rampant displacement our community's currently experiencing. If the
nearby small businesses owners do not have access to this parking area, they will not
be able to renew their Certificate of Use. This will result in having to find a different
location or the loss of business altogether. It will also increase the likelihood of the
property owner being unable to find new tenants. If property managers have
commercial space they cannot rent, they will be forced to dispose of the property to
make way for new development. This will be devastating to our commercial corridor
and the small businesses that have been sustaining our community for decades. We
are a vital part of the history of this community, and we do not want to see our
neighbors, most of which are commercial renters, be displaced. We support housing
that is truly affordable for constituents who live in work in the community, as well as
the development of community resources that are urgently needed in our
neighborhood. We urge you to consider the potential outcomes of your decision as
we believe that it may usher massive small business closure and continue to fuel
gentrification. We are open to working with the City of Miami to find common sense
solutions that can address the parking situation and the sustainability of commercial
corridors. As Commissioner Manolo said this morning, he's for the growth and
retention of small businesses, and this will hinder that dramatically. Thank you.
Vice Chair Russell: Thank you for your comments. Good morning.
Robert Riley, Jr.: Good morning. My name's Bob Riley. I'm with mangrove.org,
6001 Highway 108 Indian River Shores. I'm here in support of RE.12. Can you
hear me? Okay. Yeah, we -- we've been doing work in Miami -Dade County since
Hurricane Andrew, if anybody is old enough to remember that activity. But we've
done reforestation activity. We do ecological engineering, sustainable development,
coastal resilience, all the things that are important to the environment, important to
local -- local residents. We have been active with the Army Corps of Engineers, the
Florida Department of Environmental Protection, the County. We work with all the
regulatory agencies. We're in very heavy support of the current management.
They've been very helpful in our activity, and in our restoration activities. They've
also supported us. We have a program where we bring high school students in from
the classroom into the field, and Rickenbacker Marina has made their site very
accessible to us and has supported that activity for the school system. Many of the
students tell us that that's the most important thing and their whole activity was
actually coming out to the field and not just sitting in a classroom. So, that's
something that we want to continue and work with the current management there to
continue that activity. Again, we're in support of RE.12. Again we -- the current
management has been very supportive of our activity and our mangrove
reforestation, and we've been here since, again, Hurricane Andrew doing activity
throughout. We currently have projects from up in Sunny Isles Beach all the way to
Coral Gables. And we're actively restoring mangroves and creating habitats. So,
we want to continue that activity with the current management.
Vice Chair Russell: Thank you for that -- thank you. Good morning.
Jessica Goldman Srebnick: Good morning. My name is Jessica Goldman Srebnick,
I'm the co-chair of Goldman Properties and the chair of the Town Square
Neighborhood Development Corporation and a very proud Miamian. My address is
2214 Northwest 1st Place in Miami, and I'm speaking on item RE.4. Three years
ago, as plans for the signature bridge solidified, concern stakeholders, including
myself, formed an ad hoc group to begin advocacy efforts for public -- for the 33-
acre public space that will emerge as part of this project. Members of this initial
group included dozens of civic leaders, business leaders, philanthropic leaders,
adjacent land donors, small business owners, non profits, and residents. And we
called ourselves the Underdeck Advisory Board. We are a group of volunteers
invested for the long haul in contributing to the development of a vibrant signature
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public space for our entire community. We believe it is imperative to grow this
group's membership exponentially. As plans for the project are developed, it is
important to understand our community's priorities, and we can only do that if we
all work together. The time is now to develop a broad and inclusive advocacy group
to work with the City before the projects' plans are finalized, before the project is
built. This is the time to work on ensuring that we can proactively do this right
together. Over the last three years, our Underdeck Board has worked closely with
the City's Administration, advocating for state -level funding for the City of Miami
project, contributing to the development of the concept design submitted by -- to the
City to FDOT (Florida Department of Transportation), and we're persistently
committed to solutions on this important project. We value and appreciate the spirit
of collaboration and are hopeful, that not only will this continue, but will strengthen.
We were recently awarded the Knight Foundation planning grant match. Knight has
awarded us $250, 000 and we are raising the match, and this is just the start. We are
committed to leveraging this initial funding opportunity to move long-term collective
solutions forward. We believe this type of public space, a generational project for
our community, is a collective responsibility and we want to work with the City over
the next years in the development of a plan that can be considered by Commission.
The FDOT MOU (Memorandum of Understanding) being extended today in RE
(Resolution) -- in item RE.4 includes this planning work that MOU amends -- extend
-- amendment extends the timeline and holds the City responsible to have all of this
planning work completed by July of 2022. We recently met with the City Manager to
discuss the work and we have already -- that we've already done together and the
steps ahead. We greatly look forward to a continued productive collaboration with
the City Commission and staff: And I thank you.
Vice Chair Russell: Thank you. Question for you, please.
Ms. Schrepnick: Yes.
Vice Chair Russell: Are you seeking for the MOU with the State to be amended to
include Town Square or are you seeking a separate amendment with the City
between the City and Town Square?
Ms. Schrepnick: May I -- may I have Lisa Martinez, who is our project manager
answer that question?
Vice Chair Russell:: Yes, thank you. Thank you for your comments.
Lisa Martinez: Good morning, Mr. Chair. Commissioners, Mr. Manager, I'm Lisa
Martinez, reside at 457 Southwest 27th Road. And as Jessica had shared, I'm the
project manager for this Knight Foundation grant. We are hopeful that we could be
able to formalize this planning process with the City. We do not anticipate that it
should be included within the FDOT City MOU. We believe that there should be a --
a framework of the way in which we would work together, separately -- be separate
from the MOU.
Vice Chair Russell.. Okay. Thank you. Did you have additional comments?
Ms. Martinez: Yes, yes.
Vice Chair Russell: Two minutes, please.
Ms. Martinez: As Ms. Goldman had shared, I am the project manager regarding the
Knight Foundation grant. Ms. Goldman referenced the fact that she is the chair of
the Town Square board. The Underdeck Advisory Board, as an ad hoc committee,
needed a non-profit partner to be able to accept and manage the grant dollars and
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the dollars raised by the community. Town Square has embraced the role of
incubator for the Underdeck Advisory Board and the work that will emerge over the
next year. The Underdeck Advisory Board functions as its own steering committee
and in fact now has working groups getting prepped to take the work on ahead. The
grant will fund the process of the development of a comprehensive community
engagement effort, the research and implementation of the most viable sustainable
funding strategies, the research and implementation of sustainable governance
models provide for vibrant public spaces, the branding and marketing strategy for
this project. The current steering committees are coordinating their efforts into
working groups. One of these working groups is a And development working group
that will focus on a sustainable fund development strategy to ensure that this in fact
emerges as the generational project our community deserves. We look forward to
the work ahead and are optimistic about what we can accomplish together.
Vice Chair Russell: Thank you.
Commissioner Reyes: Mr. Chair.
Vice Chair Russell: You're recognized.
Commissioner Reyes: I have a (INAUDIBLE) --
Vice Chair Russell: Microphone.
Commissioner Reyes: When you came to my, office, my main concern it is
maintenance. Who's going to pay for the maintenance and upkeep and the security
of that -- of the Underdeck -- so-called Underdeck. And I -- I'm concerned that if we
don 't keep the proper security, it will be -- I mean, it will be destroyed. It will be, I
mean, a homeless den. And also, that will affect the businesses that you are
forecasting that they are going to be established in that area. And also, I -- I -- I
don't think that the City of Miami should incur that cost. I think that -- that cost is
either should come from -- from the funds that you are receiving -- you are receiving
a lot of ;funds. And -- and you want to make -- I mean, some -- you have to take some
action that residents of the City of Miami, the taxpayers of the City of Miami should
not have that burden on them. And the maintenance and security of the Underdeck,
it is well taken care by your conservancy. I mean, I don 't -- I think that you're going
to have a conservancy, should be taken care of and free us from any responsibility of
that.
Ms. Martinez: May I respond?
Commissioner Reyes: Of course.
Ms. Martinez: Thank you. The questions you're framing, Commissioner, are
questions that the community as a whole has -- have as well. The intent is being able
to determine how we can be able to not only have a public space that has the
appropriate security, not only has a public maintenance, but at the same time is a
robust generational project that's at the heart of our community. With that being
said, the answers are not easy and that's why, we want to be able to start ironing
them out together. And we do recognize that it should not fall fully on the City of
Miami's plate. And in being able to determine the best way to approach that, we
want to be able to start working and advocating and developing a strategy that's
layered, includes -- including philanthropic efforts and multiple governmental
investments. And that would be our goal so that we could make sure that by the time
that this plan has to be submitted to FDOT, that we have collectively as a full
community, come together with the plan that speaks to the future of this public space.
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Commissioner Reyes: Okay, thank you.
Commissioner Watson: So, Mr. Chair.
Vice Chair Russell: You're recognized.
Commissioner Watson: I read an article where Goldman sent her brother out and
discovered Wynwood. Hope that was a misquote because it existed way before they
discovered it. But I just want to kind of take a strike at trying to get some
information because there's always a stated community involve everybody until it's
time to involve them. You remember, on the field that was the -- the operation where
neither you or I spoke, and they wouldn't let you speak. And so, I'm just trying to
understand who is this Town Square Board operation? And Commissioner Carollo,
I remember almost three years ago asked the question, when this came up, who's
going to maintain and operate this? And staff couldn't tell him because staff didn't
know. And I'm -- I'm being told that this is two different things. So, I guess what
we're actually being decided on today is the money from the State. And so I just
wanted to make sure that's what it is we are doing. Because clearly, the money that
I'm hearing about is not going to take -- take -- not going to help operate and
maintain this vision of the Square Board for years in duration. All right? And so, I
just -- Ms. Martinez has not provided that because she's not had an opportunity to
provide it to me. And so, I'm asking that that at least be given. We can figure out
who -- who these folks are. Because they have a lot of -- I just want to make sure
we're dealing with the reality and not the fluff,' that's all.
Ms. Martinez: If I -- if I may, Commissioner.
Vice Chair Russell: Yes, you're recognized.
Ms. Martinez: Commissioner Watson, thank you so much for your -- for -- for
putting the question out so that we can he able to explain it. And in some ways, I
was trying to he able to at least explain the relationship of the work. So, the
Underdeck Advisory Board, it was an ad hoc group that wanted -- that had vested
members, that wanted to be able to just have a common vision to be able to
accomplish that. The Knight Foundation grant that I had referenced needed to be
able to have a non-profit to be able to grant the funds too. The Town Square
Neighborhood Development Corporation is a non-profit that has been in place since
approximately 2011. And the non-profit is focused on -- the membership is inclusive
of representation from the museums, the arena, different -- different representatives
of the actual institutions around the Arsht Center so as to be able to be advocates for
the -- the area -- the development around the area. In reflecting upon a non-profit
that could merely incubate this planning process, because it is not intended to be the
entity to oversee any process, but it is intended to be able to be an entity that can
receive planning dollars that are not only received by the Knight Foundation, but
raised by the community to be able to work with the City in the development of a
plan for FDOT -- the FDOT MOU that you 're considering now. With that being
said, the monies that we're talking about are only currently planning dollars, the
planning dollars that we're bringing to the table, are at this point about $250,000
from Knight, and the matching of that from philanthropic fundraising. And what we
would be focusing on is the development of what you have underscored since we
have met on this project and that we have also committed to making sure that we
continue providing you updates is that how -- how do we make sure that
comprehensive stakeholder input is included, comprehensive stakeholder
participation within governance is included? How can we make sure that we looked
to the development of a governance structure that does integrate the commissioners'
feedback and direction, but in a manner that we have time to do it and we're not
having to rush with a solution? We have a year ahead of us to be able to do that.
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And -- and then finally, a fund development strategy when we're speaking about the
funding moving forward, I do not have the answers for you today. The work ahead
over the year will be about working through with City staff, which we have
advocated, and we have been collaborating with for many months. I had been
collaborating with for many months and the Underdeck Advisory Board has been
collaborating with for years in being able to determine how do we make sure that
there is enough money, not only for maintenance, not only for security, but effective
programming that's revenue generating and being able to make sure that it doesn't
fall upon the taxpayers' dollars. So, the work is ahead of us and what we'd like to be
able to do is simply be transparent about what that work looks like. Who needs to be
at the table so that we don't leave anybody out and proceed in an effective fashion.
Vice Chair Russell: Thank you.
Commissioner Watson: So, this is an MOU -- this deals with the MOU department --
Florida Department of Transportation.
Vice Chair Russell: Correct.
Commissioner Watson: Okay. All right.
Vice Chair Russell: And -- and they are seeking a separate MOU with the City so
that they can help and be at the table.
Commissioner Reyes: That will be a different MOU?
Vice Chair Russell: Correct. Okay.
Commissioner Reyes: With the City and where we are going to clearly state who is
responsible for paying for the -- the security and maintenance?
M. Martinez: Yes. And -- and just for clarification, the reason that we have come
today to speak on this particular amendment is because there is relevance to the
work that we're talking about in this MOU. This MOU does not speak about dollars,
it speaks about deliverables. And when we're talking about deliverables, there are
significant deliverables that are due July 22, based on -- 2022 -- based upon the
amendment that you're approving, and the clock is ticking. And so, what we want to
be able to do is share in that responsibility that the City has and being able to submit
a plan to the -- to FDOT in July of 2022.
Vice Chair Russell: Thank you. I'll go ahead and give direction to the Management
and Legal, if they could bring back a framework- for how this relationship might
work between the City and Town Square. If they're bringing up to half a million
dollars to this project to help with planning, they should have a formal seat at the
table that we can interact with them. So, if -- if -- if all are in agreement to have a
draft of some sort of agreement between us and Town Square. Commissioner
Watson.
Commissioner Watson: Not really, let's just deal with this MOU with FDOT.
Vice Chair Russell: It's separate, it's separate. So, you're not ready to contemplate
an MOU between us and Town Square?
Commissioner Watson: I just don't know who Town Square is.
Vice Chair Russell: Right.
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Commissioner Watson: And now this is going into a neighborhood. So, 20 years of
planning and the people where now it's going to, they don't know who Town Square
is. So, all of a sudden now we're going to do an MOU Town Square which hasn't
been at the table for 20 years. So, I just want to make sure we know who these
people are. They blocked you from speaking at the meeting so -- so, yeah, I'd like to
know who they are.
Vice Chair Russell: I hear you.
Commissioner Watson: That's all.
Vice Chair Russell: All right. We have some work to do.
Ms. Martinez: I'll follow up with the Commissioner.
Vice Chair Russell: Thank you. Thanks for your comments.
Ms. Martinez: Thank you.
Vice Chair Russell: Good morning.
Manuel Rionda: Good morning, Commissioners. My name is Manny Rionda, 155
Sunrise Drive in Key Biscayne, Florida. I am here to speak on -- on behalf of RE.12.
Two years ago, I founded a non-profit organization called Fill A Bag. And we're
part of a growing group of environmentalists whose mission is to really raise
awareness around the issues of marine debris and pollution and the -- the status of
our bay and our oceans and waterways. I'm sure you'll agree that our waterways
and oceans and coastlines are among our most valued treasures here in South
Florida. Organizations such as Fill A Bag, Debris Free Oceans, Sea Keepers,
Miami Water Keeper, Surf Rider, Clean This Beach Up, Send It For The Sea, you
may, be familiar with some of them. They do incredible work. And among our most
important and most dedicated collaborators, is the management at Rickenbacker
Marina. We believe that they -- and we know that they are excellent stewards for
Virginia Key, extremely civic -minded, proactive, generous, and forward -thinking.
And whatever it takes to help preserve the -- the health of our coastlines and
waterways, they are always behind us. So, we hope that you will consider extending
their lease with the City and continuing to help protect our waterways. Thank you.
Vice Chair Russell: Thank you. Thanks for your comments. Good morning.
Jimmie Williams: Good morning. Jimmie Williams -- Reverend Jimmie Williams
from St. James CDC (Community Development Corporation), present address
located at 1854 Northwest 65th Street, Miami, Florida 33147. Let me thank the
honorable commissioners for their listening ear and the wonderful residents who
we've met with and business owners in Allapattah. It is very concerning to me that
we not enter into a project of this magnitude without first hearing from the people. I
am in total agreement with what you all are deciding. And I think as a former City
Commissioner from Homestead, that serving eight years, that I understand the
nature of this work. Though this may be one of our first major projects, we're not
new to the community. Our organization has been serving for quite some time with
integrity and honor. And I'm willing to sit here and listen. And be -- I have
constructive criticism because I believe that affordable housing is needed. During
my, time at -- in the City of Homestead for eight years when Liberty City was -- when
gentrification of Overtown and Liberty City -- most of the persons came down to
Homestead in Florida City. So, I recognize the important need of such
communication, such deliberate ear to hear so that we can fine-tune. And -- and I
appreciate you all trying to defer the matter until a time certain date. I'd also ask
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for your consideration to allow me, Commissioner Carollo, to meet with your office
as well so that you hear from our organization in its totality. Thank you for your --
Vice Chair Russell: Thank you. Good morning.
Angela Williams: Good morning. My name is Angela Williams. I'm the president of
Rainbow Village Resident Council. And this is about the Rainbow Village. And I
agree with the developer in certain things, you know, so we're going to get together
and work it out, but I -- I'm really happy with it. Thank you.
Vice Chair Russell: Thank you very much for your comments. Good morning, sir.
Michael Clarkson: Good morning. Good morning, how's everyone? Mr. Chair,
speak to Commissioner of District 5, Mr. Watson, I'm here today to speak on -- if I
can get it right here, line item 14, dealing with the whole thing of the budget for the
Little Haiti Trust Fund. And I'm here to interject. I don't know if it's the proper
procedure or not, but I think it's time for the City to take responsibility for Little
Haiti since Little Haiti never had a CRA. There's only one person here that voted
for Magic City project. Everybody else is gone. But I think it's time for some of that
money from the Miami Forever Bond to start being utilized in Little Haiti. And I
think one of the ways that it could be utilized is in the project of the Little Haiti
Revitalization Trust. I think it's time for us to think about the future, a new dawn,
and a new beginning. How do we really help Ti Ayiti? How do we make it
transparent? How do we make economic development happen in that area?
Because I still oppose the Magic City project, I think it's the economic disaster that
can't wait to happen. Within the next 20 years we'll be seeing it. We'll be seeing the
effects of that. So, the residents at Ti Ayiti need a responsibility from this humble
body to take some of those funds if it's possible. I don't know. If we need to talk to
the general manager, city manager or the law to see what could be done to transfer
some of those funds from the Miami Forever Bond or the City come up with some
money to match the money that's already there. I'm totally disappointed of how the
money is going to he used in just -- in ternis of in-house, you know, meetings and
stuff. It really needs to be some economic development happening in Ti Ayiti. And
I'm calling on this body to, you know, look at the Miami Forever Bond and how it
can be used to help the Little Haiti Revitalization Trust. Thank you very much.
Vice Chair Russell: Thank you.
Gwen Apedo: Giving honor to God, center of my life. My name is Gwen and I'm in
support of PZ.1. We need this in our community desperately. The leaks are
enormous. So, whenever we can help -- and thank you for your assistance in helping
us with this program to begin, to start, and for our kids and their kids. Affordable
housing is very important. And unfortunate about Surfside -- but we pray for them.
But at the beginning of this program PZ.1, we -- we thank you all for the -- for all
that -- that -- the funding that will go towards this and for the Overtown residents.
Thank you. PZ.1.
Vice Chair Russell: Thank you for your comment. Next speaker, please.
Roy Hardemon: Good morning, Commissioners. Former State Rep, Roy Hardemon,
chairman of the Model City Advisory Board. I'm here also in support of PZ.1, and
I'm here for the zoning issue. You know, I'm glad to hear other communities having
affordable housing problem other than Liberty City and Overtown. You know, I was
in the meeting last night where they're going to attempt to put a 12-foot wall for sea
level rising up Biscayne Boulevard. That's crazy. But that's what's on the table and
we all got to pay attention to sea level rising. And then that's one of the biggest
issues I saw last night. The -- the MA -- MI or did -- AMI, you know. I wouldn't be
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nowhere near this niic if the people of Overtown and the people that live in public
housing right now today had an issue of financing. I wouldn 't be near this mic and,
you know, I would tell you, you know, yes, you need to have that meeting to talk to
the company and make sure that, you know, when you say $400 for one bedroom,
I'm excited. I'm a bachelor. We need that. You know, now you're talking about
$1,500 I'm hitting the ceiling, but 4, $500 for a one -bedroom, it suits me fine. And I
speak for my -- my community, which I represent all communities, not just Liberty
City. When I was in Tallahassee, they said, well, Roy, that's not your district.
Anywhere there's a problem for the community of the people, I'm there. Thank you.
Vice Chair Russell: Thank you for your comments. Good morning.
McArthur Richard: Good morning. My name is McArthur Richard. I reside at 1326
Northwest 62nd Terrace. I'm a business owner and I support the PZ.1 project.
Thank you very much.
Vice Chair Russell: Thank you.
Francois Alexandre: Good morning, Commissioners. How you all doing today?
Vice Chair Russell: Good. Thank you.
Mr. Alexandre: My name is Francois Alexandre. I reside at 122 Northeast 78th
Street. I'm the CEO of Konscious Knotraktors. Thank you for having me today. I
really want to echo out what Michael Clarkson just stated in regards to the Little
Haiti Revitalization Trust. This is the first in a long time that we've had something
that was designated for that community alone. And just looking at R14 [sic], looking
at the expenditure, just the in-house expenditure, we've already noted that the
Liberty City Trust went through something very similar to that in which all of the
funds were depleted and none of the money went to exactly what it was designed for.
And we know that the Little Haiti Trust at this point in time is not only charged with
affordable housing, hut also so many other things in regards to economic
development for that community. So, we would like to see where's the City at in
regards to investing, not just in that trust, but investing in the community itself. So,
thank you so much.
Vice Chair Russell: Thank you for your comments. Good morning, Mr. Recio.
Tony Recio: Good morning, Mr. Chair. Members of the Commission. My name is
Tony Recio with law offices at 2525 Ponce de Leon Boulevard. I am not speaking to
you as an advocate today. I'm speaking to you personally on RE.7, which is the
renaming of the right-of-way to Len Helmers Way. 1 just wanted to just very briefly
just congratulate the City and express my support for -- for doing that because Len
Helmers was an exceptional, exceptional public servant. I mean, the best that the
City can offer. And he helped me when I knew nothing. I still don't know a whole
lot, but he really, helped me when I knew nothing 20 years ago. And I -- I'm so
appreciative of what he gave to the City and how he helped every one of the lawyers,
engineers, construction people. He helped everybody and was just this repository of
knowledge. And I'm just really thankful to have known him and have had him in my
life. So, I really appreciate that you guys are doing that. Thank you.
Vice Chair Russell: Thank you, Mr. Recio. Thank you for bringing that up. Mr.
Clerk, I'd like to be noted as a co-sponsor for RE. 7, please, which is the designation
of the --
Commissioner Watson: Me too, Mr. Clerk.
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Commissioner Reyes: Yeah, so would I.
Lola Capers: Good afternoon, Commissioners. My, name is Lola --
Vice Chair Russell: Just a moment, ma'am.
Commissioner Watson: Hold on -- hold on.
Vice Chair Russell: That's a unanimous co-sponsorship, please.
Commissioner Watson: Okay.
Vice Chair Russell: Good morning. Sony to interrupt you.
Ms. Capers: Good morning. My, name is Lola Capers. I'm with Community
Construction Awareness Services. I'm speaking on behalf of PZ.1, the Rainbow and
Gwen Cherry 23 project. Our program has already started training with the
individuals from Overtown, the developers had started training people within the
community. So, therefore, when the project gets ready to start, that they're able to
go to work. And this program is in partnership with the FIU Moss School of
Construction. We was very successful with that with Commissioner Watson, the
CRA (Community Redevelopment Agency), we hired over 15 individuals from the
Overtown community to work on the Father Barry Project, which is funded through
that developer HCG. We are now training individuals from Overtown with Camillus
House through -- to help individuals that have derailed their training or made
mistakes in life. So, that they're able to work not only on the Rainbow project but as
well as Block 55. We are in 100 percent support of the PZ.1. And the reason why
I'm saying that is we had a community meeting last week, Thursday, and we had a
bigger turnout than I have ever seen in public housing. They were excited. They
were interested in jobs. They were interested in signing up. And they really, really,
really want a change in their community and their living. So, I'm asking the
commissioners, and I know Commissioner Reyes is very firm on working, job
creation, and affordable living. I know that. So, Commissioner, I'm here to tell you
and all the other Commissioners, not saying that you all are not interested in it, but I
know Commissioner Reyes stays in my, ear along with Commissioner Watson about,
are you getting people to work? I want people in the community. I want to see these
people in the community. I want to be driving by, Commissioner Watson, and I want
to make sure I see people from the community. Well, I'm here to tell you that HCG
and the Swerdlow Group, they're making sure that they are in compliance with the
commissioners. So, we're 100 percent in support. And I'd like to invite some of the
commissioners to come to our community meetings so you can actually see how -- I
mean, 1 was just like -- we had two separate meetings. We had one at 4:30 and I'm
like, okay, it was raining. Okay, all the people came. I wasn't looking for them to
come at 5:30. And Mr. Liu looked at me and I looked at Mr. Liu, I said, well, I
mean, the OPAC (Overtown Performing Arts Center) was crowded. People are
interested in change. And I know that's what you're all about. So, I'm asking you to
please let's move forward so that they -- when they graduate in August and
September, they can start doing the rehab and we move from the rehab 2022. I
mean, we have it scheduled. So, thank you.
Commissioner Reyes: Mr. Chair.
Vice Chair Russell: Thank you for your comments. Commissioner Reyes, you're
recognized.
Commissioner Reyes: Yes. Don't leave. See, I just want you to know that my main
interest is that when it's called affordable housing it's really affordable. Because
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given my experience in -- since 1 was elected and before — most of the -- what's
called affordable housing, it's not affordable. 1 don 't think that it is affordable for
the community to be paying $1,900 a month or $1, 800 a month. It is -- I mean, the --
the personal income -- average personal income in those areas is very low.
Ms. Capers: Very low.
Commissioner Reyes: That's what I'm fighting for. So, those people that live in that
area -- that live -- and they're making those salaries that they would be able to stay -
Ms. Capers: Right.
Commissioner Reyes: -- and have a roof over their head. And be proud, you see.
That's why I wanted to meet and said, how can we lower this? So, those people, they
don't have to move because we have a project that is going to offer just a few -- a
few apartments, a few units that they are affordable, real affordable. And then the
rest, it goes way above the head. That's why we have an ordinance that was passed
that limits the maximum that they can charge. And I just want to -- I just wanted
them to comply with that.
Ms. Capers: Okay. But I know that on the Father Marquess -Barry Project, I think
they have -- we didn't build a lot of units. It's a very small project, but I know that
it's about 12 units. Commissioner Watson, you worked out 12 or 15 units for that
project. And guess how much the rent is.
Commissioner Watson: Yeah, this is -- is --
Ms. Capers: $434.
Commissioner Watson: I've never heard of that. I'm not sure what they did
differently, but it's the only one that speaks to, and we have a difference in the whole
affordability --
Ms. Capers: But it was $434 --
Commissioner Watson: But they had $400 units.
Commissioner Reyes: Yes. But 1 want to know how many, but -- but 1 don't want
them to go over the maximum of 100 because I'd be voting against my ordinance.
Commissioner Watson: I know, 1 mean the only problem though, Commissioner, is
that we want to have the $400 units, but we also want to make sure we -- we keep --
we keep an opportunity for people who are rising in the workforce to be close to
where they are. Because that whole moving people to Homestead thing is old and
they spend four hours, five hours in traffic, and our public transportation is not
great. I don't care what anybody say.
Commissioner Reyes: That does -- that do not preclude -- does not preclude people
that can afford that to live there, you see. They can pay the maximum and -- and
$200 less a month per unit, you see. It is a tremendous help to those people that are
-- you know -- you know the A -- AMI is $60, 000 a year. I mean, how many -- how
many $60,000 resident -- I mean, salaries do we -- do we have in that area?
Commissioner Watson: Yeah -- no, you're right. But -- but --
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Commissioner Reyes: You see. But if you make it -- if you making it and if you want
to -- if you want to move there and you can pay, I mean, the maximum will be 1,600.
That's fine. But 1 want people that are making $60,000, you see, to be --1 mean, that
will be the maximum because if you do 110, you are raising -- you are raising the
salary to $66,000 per year. You see families with making $66,000 per year, doesn't
mean that the people that are making less than that, they will not be able to rent it.
Yes, but they will be rent burdened. And that's what I don't want. I don't want to
people to be rent burden. I want to follow HUD instructions which 30 percent -- 33
percent of your salary, should go to housing, no more than that. Because if not,
you're going to be rent burden. And by you being the rent burdened, you're help --
you're hurting the rest of the economy because it's less money that you can -- you
have to go and buy dinner or buy food or buy clothing. You understand?
Commissioner Watson: Yeah. But I -- I was only speaking to the fact that they're
the only ones I've ever seen have rates as low as you 've called for.
Commissioner Reyes: Yeah.
Commissioner Watson: I don't know how they did it but --
Commissioner Reyes: But -- but we --
Commissioner Watson: -- they did it.
Commissioner Reyes: Let's -- let's talk about that. I mean, and -- and that's why I
want to meet with them. And -- and -- and I expressed my same concern to the
Reverend here, you see? I mean, it's not that I'm nitpicking. No, I ant --
Ms. Capers: No, I know that --
Commissioner Reyes: I am consistent.
Ms. Capers: I know you are. I worked on the Liberty Square Project --
Commissioner Reyes: Yeah.
Ms. Capers: -- with Mr. Albert Milo. So, yes, I was just saying that when HCG with
the affordable housing piece, which that is HUD, the HUD units are going to stay
the same, but they have one bedrooms that comes in at 434. And when I was looking
through it because I worked with a lot of the seniors in the Overtown community.
And I'm like, oh, this one is only $400.
Commissioner Reyes: Yeah, but how many 400 unit that's already --
Ms. Capers: Fifteen.
Commissioner Reyes: Fifteen. But let's -- let's -- let's sit down and talk about it. I
don 't want --
Ms. Capers: That's only Father Marquess, and that's only -- and that's like 68
units.
Commissioner Reyes: Listen, I believe that being at 100 AMI, it is fine because
according -- I mean, given the AMI of those areas, for example, you know, Liberty
City is over around $18,000.
Ms. Capers: Correct.
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Commissioner Reyes: You see Little Havana it's not even $10,000. You see, those
people are going to be rent burdened. And if we -- we as a -- as a governmental unit,
we are help -- I mean, we are engaging in affordable housing and helping people, I
mean, these developers and give them benefits in -- for order for them to develop, we
want something in return.
Ms. Capers: Correct.
Commissioner Reyes: Okay. And that's -- that's my only concern. I --1 don't want
--1 don't want once those buildings are built, that people that live in that area who
cannot afford it.
Ms. Capers: Correct.
Commissioner Reyes: And that goes for Liberty City and Little Havana.
Ms. Capers: Everywhere.
Commissioner Reyes: Everywhere.
Ms. Capers: Yes, sir.
Commissioner Reyes: All right. Take care. I love you.
Ms. Capers: I love you too.
Vice Chair Russell: Thank you for your comments. Is there anyone else here who'd
like to speak at public comment on any of the remaining items on the agenda?
Seeing no one else, I will close public comment.
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?
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
Vice Chair Russell: Thank you.
END OF MAYORAL VETO(ES)
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CA.1
9081
Department of
Police
CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. R-07-0060 ADOPTED ON FEBRUARY 08, 2007,
IN ITS ENTIRETY, THEREBY CANCELLING THE CITY
COMMISSION POLICY GOVERNING THE DONATION OF
BICYCLES PREVIOUSLY ISSUED FOR INDIVIDUAL USE BY
SWORN PERSONNEL OF THE MIAMI POLICE DEPARTMENT.
ENACTMENT NUMBER: R-21-0275
This matter was ADOPTED on the Consent Agenda.
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CA.2
9125
Department of
Police
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BIDS RECEIVED ON APRIL 5, 2021 PURSUANT TO
INVITATION FOR BID NO. 1153388 FROM THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDERS, ALL AMERICAN
BARRICADES, CORP, A FLORIDA PROFIT CORPORATION,
MOTPLANS.COM LLC, A FLORIDA LIMITED LIABILITY
COMPANY, ROADSAFE TRAFFIC SYSTEMS, INC., A FOREIGN
PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS
IN FLORIDA, AND SAFETY SYSTEMS BARRICADES, CORP, A
FLORIDA PROFIT CORPORATION, FOR THE RENTAL AND
PURCHASE OF BARRICADES, ON AN AS -NEEDED BASIS, FOR
THE CITY OF MIAMI'S POLICE DEPARTMENT ("POLICE") FOR
AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO
RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD;
ALLOCATING FUNDS FROM POLICE GENERAL ACCOUNT NO.
00001.191501.544000.0000.00000 AND SUCH OTHER SOURCES
OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND
ALL DOCUMENTS, INCLUDING ANY AMENDMENTS,
RENEWALS, AND EXTENSIONS, SUBJECT TO ALL
ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND
FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL
APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-21-0276
This matter was ADOPTED on the Consent Agenda.
CA.3 RESOLUTION
9204
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION
SUPPORTING THE CONVERSION OF A CERTAIN SEGMENT OF
SOUTHWEST 3RD AVENUE, MIAMI, FLORIDA LOCATED
BETWEEN ITS INTERSECTIONS WITH SOUTHWEST 7TH AND
SOUTHWEST 6TH STREETS, MIAMI, FLORIDA INTO A TWO-WAY
STREET, PERMITTING TRAFFIC TO FLOW IN NORTHERLY AND
SOUTHERNLY DIRECTIONS, STARTING AT THE INTERSECTION
OF SOUTHWEST 3RD AVENUE AND SOUTHWEST 7TH STREET,
MIAMI, FLORIDA AND ENDING AT THE INTERSECTION OF
SOUTHWEST 3RD AVENUE AND SOUTHWEST 6TH STREET,
MIAMI, FLORIDA ("PROJECT"), WITH DESIGN, PERMITTING,
CONSTRUCTION, AND IMPROVEMENTS AS STATED HEREIN;
AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL
STEPS NECESSARY TO IMPLEMENT SAID PROJECT.
ENACTMENT NUMBER: R-21-0277
This matter was ADOPTED on the Consent Agenda.
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CA.4 RESOLUTION
9199
Department of Risk
Management
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND
ON BEHALF OF LORI BOYKIN, SUBJECT TO THE CONDITIONS
IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL
SUM OF $95,000.00, INCLUSIVE OF COSTS AND ATTORNEYS'
FEES, AS FULL SETTLEMENT OF ALL CLAIMS AND DATES OF
ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS
OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT ADMISSION
OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD
HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS
A GENERAL RELEASE OF THE CITY, ITS PRESENT AND
FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY
AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE
AMOUNT OF $94,900.00 FROM ACCOUNT NO.
50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT
OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM
ACCOUNT NO. 00001.980000.531010.0000.00000.
ENACTMENT NUMBER: R-21-0278
This matter was ADOPTED on the Consent Agenda.
CA.5 RESOLUTION
9198
Department of Risk
Management
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND
ON BEHALF OF JOSEPH FLERES, SUBJECT TO THE
CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES,
THE TOTAL SUM OF $50,100.00, INCLUSIVE OF COSTS AND
ATTORNEYS' FEES, AS FULL SETTLEMENT OF ALL CLAIMS
AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF
MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES,
WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A
SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION
AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY,
ITS PRESENT AND FORMER OFFICERS, AGENTS, AND
EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS IN THE AMOUNT OF $50,000.00 FROM
ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN
THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL
RELEASE, FROM ACCOUNT NO.
00001.980000.531010.0000.00000.
ENACTMENT NUMBER: R-21-0279
This matter was ADOPTED on the Consent Agenda.
END OF CONSENT AGENDA
Vice Chair Russell: 1'd like to take up the CA (Consent Agenda) and the PH (Public
Hearing) agenda, please. Is there a motion on --?
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Commissioner Reyes: CA and PH?
Vice Chair Russell: Yes. CA.1 through 5 and PH1 and 2. Is there a motion?
Commissioner Carollo: CA.1 through 5. Motion for CA.1 through --
Commissioner Reyes: I move it.
Vice Chair Russell: Moved for the CA agenda by Commissioner Carollo, seconded
by --
Commissioner Watson: Second.
Vice Chair Russell: -- Commissioner Reyes. Is there any further discussion on the
dais? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes on the CA agenda.
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PH - PUBLIC HEARINGS
PH.1 RESOLUTION
9147
Office of Capital
Improvements
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AFTER A PUBLIC HEARING, DIRECTING THE
CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY
TO EXPEDITIOUSLY REQUEST THAT THE MIAMI-DADE COUNTY
TRANSPORTATION & PUBLIC WORKS DEPARTMENT ("DTPW")
CONSIDER PROPOSED TRAFFIC FLOW MODIFICATIONS
REGARDING THE CITY OF MIAMI'S OFFICE OF CAPITAL
IMPROVEMENTS PROJECT NO. 40-B50505 AND WAIVE THE
REQUIRED RESIDENT CONCURRENCE AND EXEMPT THE
BALLOTING PROCESS IN ORDER TO EXPEDITIOUSLY PROCEED
WITH THE DESIGN AND CONSTRUCTION OF TWO (2) RAISED
INTERSECTIONS AND A GENERIC DEVICE THAT WILL SERVE AS
TRAFFIC CALMING DEVICES AT THE INTERSECTION OF
SOUTHWEST 32ND AVENUE AND SOUTHWEST 5TH STREET;
DIRECTING THE CITY CLERK TO SEND A CERTIFIED COPY OF
THIS RESOLUTION TO THE DTPW DIRECTOR.
ENACTMENT NUMBER: R-21-0280
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Vice Chair Russell: PH (Public Hearing) agenda. PH.1, is there a motion,
Commissioner Reves?
Commissioner Reves: Yes. Move it.
Commissioner Diaz de la Portilla: What's PH.1, I'm sorry?
Vice Chair Russell: Traffic calming devices.
Commissioner Diaz de la Portilla: I know but hold on a second.
Commissioner Reyes: PH.1 it is a -- it's motions that we need in order to be able to
Vice Chair Russell: This is (UNINTELLIGIBLE). Commissioner Reyes -- this is a
motion by Commissioner Reyes, seconded by Commissioner Carollo and --
Commissioner Diaz de la Portilla: I have a question.
Vice Chair Russell: Yep.
Commissioner Diaz de la Portilla: Is there any wording in that -- in that item that
takes away citizen participation? Can -- is it a bypass of what citizens, maybe some
citizens, or resident may, not want? Just asking.
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Commissioner Reyes: Sir, I really applaud your interest in citizen participation. But
it were the citizens, the one that asked for this --
Commissioner Diaz de la Portilla: Okay. I have a question.
Commissioner Reyes: -- this particular traffic calming device. The thing is that we
have to, instead of place a hump, we have to elevate the --
Commissioner Diaz de la Portilla: Right.
Commissioner Reyes: -- I mean, it's just like the crosswalk.
Commissioner Diaz de la Portilla: Is this the one at 32nd Avenue
(UNINTELLIGIBLE) ?
Commissioner Reyes: Yes, 32nd Avenue and 5th Street.
Commissioner Diaz de la Portilla: Okay. And 5th Street.
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: But -- and that line was -- oh, I'm sorry. I don't
have it in front of me because I left it in my office, but I read it. And my memory
basically the -- it sort of bypasses --
Vice Chair Russell: The balloting process.
Commissioner Diaz de la Portilla: The balloting process, and it bypasses resident --
residential -- residents' concurrence language.
Commissioner Reyes: The residence concurrence --
Commissioner Diaz de la Portilla: And it allows the manager to do it, bypassing the
residents' concurrence language.
Commissioner Reyes: No, no, no. It is the County -- the County requirements, you
see, and what's bypassed. I mean, the residents are all for it. And they were the one
that requested it. We went through the process and establishing a different type of --
of -- of calming -- traffic -calming device. The County says you cannot install there;
what you have to do is this. So, we have to --
Commissioner Diaz de la Portilla: 1 understand.
Vice Chair Russell: And Commissioner Reyes, I applaud you for this, and I'd like to
emulate it in my district because I don 't believe that traffic calming is a popularity
contest. It is a safety issue. And that's what we were elected to. They still have their
voice by coming to Commission and --
Commissioner Reyes: Uh-huh.
Vice Chair Russell: -- petitioning against it or for it if they want to. But by -- by
holding it to the balloting process, it adds time complication, communication, which
keeps us from being able to make the street safe. So, I -- in conjunction with this, I'd
like to direct the Public Works Department and Capital Improvements to go through
the prospective traffic calming in my district and figure out where we can propose a
similar -- similar directive.
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Commissioner Watson: So, we're taking balloting out? Is that --?
Vice Chair Russell: No, where -- where you believe it's more urgent than going
through a long balloting process where you need 50 percent of the residents to agree
to a speed bump, for example. You can bring it here as a -- as a matter of a public
hearing and bypass the ballot. Not saying to do it for all of them.
Commissioner Watson: Okay. So, this is what that's going to do. Not just this one,
but any one you feel --
Vice Chair Russell: No, no, this is just for this one.
Commissioner Reyes: No, that's what that particular —
Vice Chair Russell: My direction is separate of this resolution is to go to my list with
my office and pick out the ones we'd like to do the same thing with in the future.
Commissioner Reyes: This is a specific for that area.
Vice Chair Russell: Yes.
Commissioner Reyes: You know, sometimes we have problems because there is --
according to the County, we don't have neighbors that they agree on where they're
going to be placed or there is no concurrence, you see?
Commissioner Watson: No, that's fine.
Commissioner Reyes: This one has to be --
Commissioner Watson: I was just asking is what Commissioner Russell adding to
this?
Vice Chair Russell: No, I'm not.
Commissioner Watson: So, we're not adding to it.
Vice Chair Russell: No.
Commissioner Watson: Because I'm not sure why we need a balloting process at all,
to be honest with you. I mean, it's our streets, right? It is our sidewalks. I mean, so
because it -- all it does is it holds up something that we believe that there's a public
role safety issue.
Commissioner Reyes: That's right.
Commissioner Watson: And so, we asking them, should we do that? And I'm just --
I was -- we just got zoomed by. Somebody cut us off doing about 80 miles an hour.
And its a proliferation of it. And I'm not sure -- and balloting holds up us
implementing something that we think is for the -- go to the safety of the residents.
So, I'm just -- and I don't know. I thought it was maybe if we thought that, then that
was the amendment to the motion. I know this is very specific, but we have to do
something. We don't have to do cameras. And -- and -- and look, we have long
stretches of road. I drive down Southwest 8th Street, and they go like they're at
Homestead Speedway. And little ladies trying to cross, they can't cross Northeast
2nd Avenue. I can go on and on and on and on. So, really, we should be cutting
down the process of implementation of something we think makes sense, as opposed
to asking them, do they think we should do that? So, that's fine. If it's only
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specifically to this, then I'm -- I'm ready, but that should be thought about, Public
Works.
Vice Chair Russell: Alright, my direction is separate from this -- this item and I'm
open to a later resolution, citywide.
Commissioner Watson: Right.
Vice Chair Russell: I don't know what the County might do as a knee-jerk reaction
to that, if we wipe out the process altogether or try to. I don't know what we have
jurisdiction to do. On this one, I'm absolutely with you. There's been a motion and
a second.
Commissioner Reyes: Yes, sir.
Vice Chair Russell: Is there any further discussion? All in favor, "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes on PH.1.
PH.2 RESOLUTION
9202
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ACCEPTING THE PROPOSALS RECEIVED MAY
17, 2021 PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO.
HCD 2021-03 FROM RJ SPENCER CONSTRUCTION LLC, A
FLORIDA LIMITED LIABILITY COMPANY ("RJ SPENCER"), AND RF
CONSTRUCTION GROUP INC., A FLORIDA PROFIT
CORPORATION ("RF CONSTRUCTION"); AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AGREEMENTS
BETWEEN THE CITY OF MIAMI ("CITY"), RJ SPENCER, AND RF
CONSTRUCTION (COLLECTIVELY, "DEVELOPERS"), FOR THE
CONSTRUCTION OF SINGLE FAMILY AND/OR TWIN HOMES
(COLLECTIVELY, "CONSTRUCTION") ON CERTAIN CITY -OWNED
PARCELS OF LAND DESCRIBED RESPECTIVELY IN EXHIBITS "A"
AND "B," ATTACHED AND INCORPORATED, AS A RESULT OF
THE DEVELOPERS' RESPONSIVE AND RESPONSIBLE BIDS TO A
RFP ISSUED APRIL 1, 2021 BY THE CITY'S DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT FOR THE
CONSTRUCTION; ALLOCATING FUNDS FROM PROGRAM
INCOME DERIVED FROM NEIGHBORHOOD STABILIZATION
PROGRAM 2 AND HOME INVESTMENT PARTNERSHIPS
PROGRAM (COLLECTIVELY, "FUNDS") FOR SAID PURPOSE;
AUTHORIZING TEN PERCENT (10%) OF THE FUNDS TO BE
USED FOR THE CONTINGENCIES DESCRIBED IN EXHIBIT "C,"
ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE THE
AGREEMENTS AND ANY AND ALL OTHER NECESSARY
DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-21-0281
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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
Vice Chair Russell: PH.2. Is there a motion on PH.2?
Commissioner Carollo: Move.
Commissioner Diaz de la Portilla: Second.
Commissioner Reyes: Second.
Commissioner Carollo: (INAUDIBLE) for the record. Who is RJ Spencer
Construction, LLC (Limited Liability Company) and RF Construction Group, Inc.?
Commissioner Watson: I know one of them. What was the first name? Spencer?
Commissioner Carollo: RJ Spencer Construction, LLC and RF Construction Group,
Inc.
Commissioner Watson: I don't know the second one. The first one is a small
contract in operation in my district --
Vice Chair Carollo: Okay.
Commissioner Watson: -- based out of my district.
Commissioner Carollo: All right. I just wanted to get on the record who they were.
Vice Chair Russell: It was moved by Commissioner Carollo, seconded by
Commissioner Diaz de la Portilla. Any further discussion on PH.2? All in favor,
say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
END OF PUBLIC HEARINGS
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Meeting Minutes July 8, 2021
RE - RESOLUTIONS
RE.1 RESOLUTION
9141
Office of
Management and
Budget
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, RELATING TO THE PROVISION OF SOLID
WASTE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY
OF MIAMI ("CITY"); DESCRIBING THE METHOD OF ASSESSING
SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN
THE CITY; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR
SEPTEMBER 13, 2021, WHICH IS SET BY THE CITY
COMMISSION AND PUBLICLY NOTICED; DIRECTING THE
PROVISION OF NOTICE THEREOF; FURTHER AUTHORIZING
AND DIRECTING THE CITY MANAGER TO DETERMINE THE
APPLICABLE NUMBER OF HOUSEHOLDS FOR THE
ASSESSMENT ROLL ON OR BEFORE THE LATEST POSSIBLE
DATE BEFORE SUBMISSION OF SUCH REQUIRED
INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY
APPRAISER FOR THE ESTIMATED SOLID WASTE ASSESSMENT
RATE SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-21-0282
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
Vice Chair Russell: RE (Resolution) -- let's see. RE.1, assess the solid waste fee. Is
there a motion for RE.1?
Commissioner Watson: Move.
Commissioner Carollo: The motion is to keep the* at the current rate, correct?
Vice Chair Russell: Mr. Manager.
Commissioner Carollo: Okay, so --
Commissioner Diaz de la Portilla: I'll second that.
Commissioner Carollo: -- motion on that.
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: Any opposed? Motion passes on RE. 1. Thank you.
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RE.2 RESOLUTION
9139
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE, PURSUANT TO SECTION 18-90 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
RETROACTIVELY RATIFYING, CONFIRMING, AND APPROVING
THE CITY MANAGER'S WRITTEN FINDING AND
RECOMMENDATION, ATTACHED AND INCORPORATED AS
EXHIBIT "A", WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR
ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE
EMERGENCY PURCHASE AND INSTALLATION OF ACRYLIC
DIVIDERS BY YOTTA SKY GROUP, INC., A FLORIDA PROFIT
CORPORATION, FOR THE CITY'S DEPARTMENT OF
RESILIENCE AND PUBLIC WORKS, TRANSPORTATION
DIVISION'S TROLLEY FLEET FOR A TOTAL EXPENDITURE
AMOUNT OF ONE HUNDRED FOURTEEN THOUSAND DOLLARS
($114,000.00); ALLOCATING FUNDS FROM COVID PATEO 18-
800033.3.2610 AND SUCH OTHER FUNDING SOURCES,
SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS,
AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS,
APPROPRIATIONS, PRIOR BUDGETARY APPROVALS,
COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE
CITY CODE, INCLUDING THE CITY'S PROCUREMENT
ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL
INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18
OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE
LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED
NECESSARY FOR SAID PURPOSE.
ENACTMENT NUMBER: R-21-0283
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: RE.2 is a four -fifths, retroactive approval of acrylic dividers. Is
there a motion?
Commissioner Reyes: Move it.
Commissioner Carollo: No, we can't vote upon that. Didn't we have -- didn't we
just have a big discussion. You guys were saying we shouldn't four fifth everything.
I mean, we -- maybe we need to put it out for an RFP (Request for Proposals).
(COMMENTS MADE OFF THE RECORD)
Commissioner Carollo: No, no, no.
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Meeting Minutes July 8, 2021
Commissioner Diaz de la Portilla: 1 move that we --
Commissioner Carollo: (UNINTELLIGIBLE).
Commissioner Diaz de la Portilla: -- I move that we defer this item.
Commissioner Carollo: (UNINTELLIGIBLE).
Commissioner Reyes: No, no, no.
Commissioner Diaz de la Portilla: For -- for big things.
Commissioner Carollo: We have to have a --
Commissioner Diaz de la Portilla: Not for acrylic dividers.
Commissioner Carollo: We have to give everybody a fair chance. We have to do all
the stuff you said.
Commissioner Diaz de la Portilla: Not for acrylic dividers. That's okay. It's
different. Little things.
Commissioner Carollo: Well, it's $114,000, not that little.
Commissioner Diaz de la Portilla: Well, 140 million is more.
Vice Chair Russell: Can I get a motion and a second?
Commissioner Diaz de la Portilla: I'll move it.
Commissioner Reyes: Second.
Commissioner Watson: Second.
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: Any opposed? Motion passes on four fifths.
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RE.3 RESOLUTION
9151
Department of
General Services
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BIDS RECEIVED ON APRIL 30, 2021 PURSUANT TO
INVITATION FOR BID NO. 1301386 FROM THE RESPONSIVE
AND RESPONSIBLE BIDDER DANA SAFETY SUPPLY, INC., A
FLORIDA PROFIT CORPORATION, PUBLIC SAFETY SUPPLY,
LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND THE SHYFT
GROUP UPFIT SERVICES, INC. D/B/A STROBES-R-US, A
FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT
BUSINESS IN FLORIDA, FOR THE PURCHASE AND
INSTALLATION OF MUNICIPAL VEHICLE EQUIPMENT, ON AN
AS -NEEDED BASIS, FOR THE CITY OF MIAMI'S ("CITY")
GENERAL SERVICES ADMINISTRATION TO BE UTILIZED
CITYWIDE FOR AN INITIAL TERM OF THREE (3) YEARS WITH
THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2)
YEAR PERIOD; ALLOCATING FUNDS FROM THE CITY'S POLICE
DEPARTMENT'S GENERAL ACCOUNT NO. 00001.191501.531000
AND SUCH OTHER SOURCES OF FUNDS AS MAY BE
IDENTIFIED, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND
ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS,
AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS,
APPROPRIATIONS, PRIOR BUDGETARY APPROVALS,
COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE,
ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY
PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY
CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND
IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND
REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID
PURPOSE.
ENACTMENT NUMBER: R-21-0284
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Vice Chair Russell: RE.3. Is there a motion regarding municipal vehicle equipment,
accepting a bid?
Commissioner Diaz de la Portilla: I'll move it.
Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by the
Chair. Any further discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
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RE.4 RESOLUTION
9079
Department of Real
Estate and Asset
Management
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE SECOND MEMORANDUM OF
UNDERSTANDING ("MOU 2"), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION IN CONNECTION WITH THE DEVELOPMENT
AND COORDINATION OF THE INTERSTATE 395 ("1-395")
HERITAGE TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT,
LOCATED ALONG I-395/STATE ROAD 836 BETWEEN
NORTHWEST 3RD AVENUE AND BISCAYNE BAY, MIAMI,
FLORIDA, TO EXTEND THE TERM OF THE AGREEMENT AND
UPDATE TARGET DATES; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE SUCH OTHER
DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS
TO SAID MOU 2, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, AS MAY BE NECESSARY IN FURTHERANCE OF
THE TERMS AND CONDITIONS OF MOU 2.
ENACTMENT NUMBER: R-21-0285
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item RE.4, please see "Public
Comments for all Item(s)."
Vice Chair Russell: RE.4.
Commissioner Diaz de la Portilla: I'll move it.
Commissioner Watson: I'm --1'm supposed to do a clarification, Mr. Chair.
Vice Chair Russell: Yes, you're recognized.
Commissioner Watson: That this is only to accept the FDOT (Florida Department of
Transportation) money, and the speakers this morning are coming back because they
are tied to this, but they were not speaking to that issue this morning.
Vice Chair Russell: Correct.
Commissioner Watson: Okay.
Vice Chair Russell: Motion by Commissioner Diaz de la Portilla; seconded by the
Chair.
Commissioner Watson: Question. Mr. Chair.
Todd B. Hannon (City Clerk): I'm good to go. Mr. City Attorney indicated that it's
as is.
Vice Chair Russell: It is, yes. It is as is. All in favor, say "aye."
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Meeting Minutes July 8, 2021
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes. Commissioner Watson, are you
open to further discussion on an agreement with Town Square through a process?
Commissioner Watson: Well, that's not time -sensitive, right?
Commissioner Carollo: No.
Vice Chair Russell: Only that they're raising and gathering money that they can
help spend on the design. But I want to make sure that you are -- this is a project
that is in my district. It's in your district. But I don't want it to be driven by my
district.
Commissioner Watson: No, no, I understand. But -- but the State has given us $13
million. What I heard her say this morning, they was raising 500, 000. So, since it --
if it's not a time sensitive issue for them, then I'd still like to know who that secret
committee is, right? And they can come back in a couple of weeks and tell us. I did
meet with Ms. Martinez, and I wanted to make sure that clarification was made.
Vice Chair Russell: I agree. Very, good.
Commissioner Diaz de la Portilla: I have a question.
Vice Chair Russell: Yes.
Commissioner Diaz de la Portilla: Are they on certain deadlines that they have to
meet?
Vice Chair Russell: On the matching funds? Ifyou'd like to address --
Commissioner Diaz de la Portilla: Just for clarification, please, Ms. Martinez.
Vice Chair Russell: Ms. Martinez is still here.
Commissioner Diaz de la Portilla: I just want to make sure that you don 't miss any
deadlines that you need to meet.
Lisa Martinez: Well, the deadlines are directly tied to the FDOT amendment. And
there's a significant amount of work that needs to be done that is due July 2022
based upon the MOU that you just approved. And so, for us to be able to move
forward with the work in collaboration with the City, we'd like to be able to have an
understanding of how we could bring forward an item for consideration by the
Commission for further decisions in the future, but trying to understand what the
next steps would be.
Commissioner Watson: Okay. But the Commissioner so we can be clear, right?
He's asking you do your group have time sensitive deadlines. The FDOT piece is
you can wait another couple of weeks for yours.
Ms. Martinez: We can be able to wait a couple of weeks, of course. Yes. It's just a
matter of defining is it a couple of weeks. And we're just trying to be able to gauge
when the time frame is.
Commissioner Diaz de la Portilla: I want to make sure that -- I'm sorry,
Commissioner.
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Meeting Minutes July 8, 2021
Commissioner Watson: It'd be -- it would depend on how fast you inform us, right.
We need to know, that's all.
Ms. Martinez: Okay. Yeah.
Vice Chair Russell: Okay. But Monday is the printed deadline for --
Commissioner Diaz de la Portilla: Yes. So, you have until Monday morning.
Ms. Martinez: Okay. And to make the rounds again with the Commissioners then.
Okay, very good. Thank you.
Vice Chair Russell: And -- and, Commissioner Reyes, to your earlier questions
today regarding maintenance, the Omni CRA (Community Redevelopment Agency)
did vote to put up a million dollar a year for maintenance costs.
Commissioner Reyes: Okay.
Vice Chair Russell: And so that is on the table.
Commissioner Reyes: That is a year.
Vice Chair Russell: Yeah.
Commissioner Reyes: That is a year. But I would like to see --
Commissioner Diaz de la Portilla: It's a lot more. The maintenance is a lot more.
Commissioner Reyes: But hold on a second. I would like to see a commitment also
from the people that -- I mean, from your group that -- that you're going to commit
funds that you received into maintenance and security. Yes.
Vice Chair Russell: You're recognized.
Ms. Martinez: Commissioner; as I shared earlier this morning, it's premature in
regards to being able to commit us to a certain amount of funds. I think it's about
being able to be committed to being part of the process for fund development
strands.
Commissioner Reyes: I'm not asking for a quantity. I'm asking for the commitment
that from the funds that you're going to receive, that some of those finds are going
to be --
Ms. Martinez: Used to plan for the fund development strategy? Yes.
Commissioner Reyes: Yes, that's what I'm asking.
Ms. Martinez: Most certainly, within the planning process, there a fund
development strategy that addresses the -- the needs for that project. Yes.
Commissioner Reyes: I'm happy with that.
Ms. Martinez: Yes.
Vice Chair Russell: Thank you very much. All right. Yes.
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Commissioner Watson: Mr. Chair, let me just give this to City Attorney because I
think that was a ass -backward process that the Planning Director described. There
has been a selection and the -- the -- their committees selected Terra and the
partnership of 13-Floor Investments plus Allen Group to redevelop that project,
right? So, there's been a selection made. I don 't know when it becomes a project,
but there's been a selection made. I just want to let them know that. So, the -- Mr.
Min -- here you go. You can hold that, Mr. City Attorney.
Vice Chair Russell: Commissioner; I'm not sure if it's a -- it's a -- it's a proper
selection and award. I think they're negotiating with both of those to see if there's a
synergy, but it has not been assigned to the two groups.
Commissioner Watson: I understand that. But for our process, what I know what
happens --
Vice Chair Russell: Agree.
Commissioner Watson: -- once somebody gets selected, they turn on the spickets,
and then it's hard now to change anything that's done. So, whatever she's going to
be able to do and bring back to us at least she'll know that that clock has already
started.
Vice Chair Russell: Yeah.
Commissioner Watson: Because I saw that about a month ago. So, that's all. All
right? Thank you.
Vice Chair Russell: Thank you. We've taken a vote on RE.4, which has passed.
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Meeting Minutes July 8, 2021
RE.5 RESOLUTION
8358
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING, SETTING FORTH, AND
SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT
TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CHARTER") BY AMENDING SECTION 26, TITLED
"SUSPENSION AND REMOVAL OF CHIEF OF POLICE AND FIRE
CHIEF", TO SET FORTH A PROCEDURE, COMMENCING IN
NOVEMBER 2021, FOR SELECTING AND APPOINTING THE
POSITIONS OF CHIEF OF POLICE AND FIRE CHIEF; MORE
PARTICULARLY BY AMENDING SECTION 26 OF THE CHARTER;
CALLING FOR AND PROVIDING THAT THE PROPOSED
AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE
REFERENDUM SPECIAL ELECTION TO BE HELD
CONCURRENTLY WITH THE CITY OF MIAMI'S GENERAL
MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 2, 2021;
DESIGNATING AND APPOINTING THE CITY CLERK AS THE
OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH
RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND
RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE
A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE
DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-
DADE COUNTY NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR
TO THE DATE OF SUCH ELECTION; PROVIDING AN IMMEDIATE
EFFECTIVE DATE FOR THIS RESOLUTION.
MOTION TO: Adopt
RESULT: ADOPTED BUT RECONSIDERED
MOVER: Manolo Reyes, Commissioner
SECONDER: Jeffrey Watson, Commissioner
AYES: Diaz de la Portilla, Carollo, Reyes, Watson
NAYS: Russell
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Meeting Minutes July 8, 2021
RE.5 RESOLUTION
8358
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING, SETTING FORTH, AND
SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT
TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CHARTER") BY AMENDING SECTION 26, TITLED
"SUSPENSION AND REMOVAL OF CHIEF OF POLICE AND FIRE
CHIEF", TO SET FORTH A PROCEDURE, COMMENCING IN
NOVEMBER 2021, FOR SELECTING AND APPOINTING THE
POSITIONS OF CHIEF OF POLICE AND FIRE CHIEF; MORE
PARTICULARLY BY AMENDING SECTION 26 OF THE CHARTER;
CALLING FOR AND PROVIDING THAT THE PROPOSED
AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE
REFERENDUM SPECIAL ELECTION TO BE HELD
CONCURRENTLY WITH THE CITY OF MIAMI'S GENERAL
MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 2, 2021;
DESIGNATING AND APPOINTING THE CITY CLERK AS THE
OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH
RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND
RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE
A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE
DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-
DADE COUNTY NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR
TO THE DATE OF SUCH ELECTION; PROVIDING AN IMMEDIATE
EFFECTIVE DATE FOR THIS RESOLUTION.
MOTION TO: Reconsider
RESULT: RECONSIDERED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
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Meeting Minutes July 8, 2021
RE.5 RESOLUTION
8358
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING, SETTING FORTH, AND
SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT
TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CHARTER") BY AMENDING SECTION 26, TITLED
"SUSPENSION AND REMOVAL OF CHIEF OF POLICE AND FIRE
CHIEF", TO SET FORTH A PROCEDURE, COMMENCING IN
NOVEMBER 2021, FOR SELECTING AND APPOINTING THE
POSITIONS OF CHIEF OF POLICE AND FIRE CHIEF; MORE
PARTICULARLY BY AMENDING SECTION 26 OF THE CHARTER;
CALLING FOR AND PROVIDING THAT THE PROPOSED
AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE
REFERENDUM SPECIAL ELECTION TO BE HELD
CONCURRENTLY WITH THE CITY OF MIAMI'S GENERAL
MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 2, 2021;
DESIGNATING AND APPOINTING THE CITY CLERK AS THE
OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH
RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND
RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE
A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE
DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-
DADE COUNTY NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR
TO THE DATE OF SUCH ELECTION; PROVIDING AN IMMEDIATE
EFFECTIVE DATE FOR THIS RESOLUTION.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: Item RE.5 was deferred to the July 22, 2021, City Commission
Meeting.
Vice Chair Russell: The next item is RE.5, Charter amendment. I believe this is
Commissioner Reyes' item. Is there a motion?
Commissioner Reyes: I move it.
Vice Chair Russell: Moved by Commissioner Reyes; is there a second?
Commissioner Watson: Second.
Vice Chair Russell: Seconded by Commissioner Watson. Is there any further
discussion on this Charter amendment?
Commissioner Reyes: No.
Vice Chair Russell: There is, I'm not in favor of it.
Commissioner Reyes: Oh, no, you're not?
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Vice Chair Russell: 1 apologize, Commissioner, but 1 do -- I do agree with our current
process. So, I'm not looking to go out to change it, honestly.
Commissioner Reyes: Well, the only thing that I want to, and I want to -- I want you
to make sure it has not -- nothing to do with our actual chief not nothing to do with --
it has to do with creating a process that we take politics out. And -- and we can lie to
ourself as much as we can but the -- the Mayor has -- and the Commissioners, we
have influence on the City Manager, and I think that -- and in my opinion, this is one
of the most important positions in the City of Miami, which is security, is public
safety. And that's why the only thing that 1 want to establish is a process. A process
that it is crystal clear, and it takes politics out of it. That's all -- that's all I want.
And I want people to decide if they want that or not. That's it.
Vice Chair Russell: Understood.
Commissioner Reyes: That's -- that's the only thing.
Vice Chair Russell: Any further discussion? You're recognized.
(MULTIPLE PARTIES SPEAKING IN UNISON)
Commissioner Diaz de la Portilla: Go ahead.
Commissioner Watson: No. I think we're all in at least at a minimum titled to -- to
banty ideas and perceptions about what happened all the time. We've not had, and
we do not have imperfect processes. And so, I also wanted to make sure my colleague
had a chance to at least have the dialogue on -- on his idea. I'm not so sure that I
think the process -- anything's wrong with the process. Anytime you can get someone
in any of our positions of a quality nature and not take away the manager's ability of
influencing the process is a good thing. And so, I at least want to put that on the
record, that I thought it was necessary for the dialogue to he had. Whether or not we
vote for it, in favor of it in total, or it's taken to the voters or whatever the case may
be, it really is important to know that all of these processes are going to be fluid and
be influenced in some kind of way.
Commissioner Reyes: Okay.
Vice Chair Russell: So, and -- and just for the last comment on -- headhunting is --
Commissioner Diaz de la Portilla: Well, not the last comment.
Vice Chair Russell: I'm sorry, you --
Commissioner Diaz de la Portilla: Go ahead if you want.
Vice Chair Russell: All right. So, head -- headhunting is an art and it's -- it's not
always the most public process that yields the best candidate. And -- and I think our
situation in this -- in this case, even though there was a sense of surprise and maybe,
you know, a lack of transparency that was sensed, maybe the process yielded the best
result that the -- the candidate who maybe works for another job right now would not
be able to throw their hat in the ring if -- if they were under the scrutiny of the total
process.
Commissioner Reyes: May I answer that? May I answer that?
Vice Chair Russell: Maybe wrong, maybe we got it right. Maybe we got it right this
time --
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(MULTIPLE PARTIES SPEAKING IN UNISON)
Vice Chair Russell: -- hut it wouldn 't yield the best process all the time.
Commissioner Reyes: You're addressing this -- but I want -- I want everybody to
understand that this is a very clear, transparent process that I am trying to establish.
Doesn't take any power away from the City Manager. You see, we have a selection
committee that is going to be appointed by us. And that selection committee is going
to submit three names. And those three names, 1 mean, they -- they're going to select
the most qualified people. If the City Manager does not agree with that, we start the
process again until we find the right person. But what I want is that if fwe are going to
have a selection committee, you see, we have to really respect the time that those
people are placing there.
Vice Chair Russell: Yeah.
Commissioner Reyes: And -- and it is -- it is a process which does -- does not exist
now. That's the only thing that I'm saying. And what I wanted to do is to ask the
people they vote — This is a process that we want to establish. Do you agree with
them -- with the process or not? And this is the best way, in my opinion -- I might be
wrong -- to keep politics out of it, personal preferences out of it, and undue, undue
interference out of it, you see? It is a process that does not exist. And I'm just
proposing something that the people should decide.
Vice Chair Russell: Commissioner Diaz de la Portilla.
Commissioner Diaz de la Portilla: I'm torn. I hear your frustration with the process
we underwent. We spent six months -- almost six months. We had 30 something
candidates. It was whittled down to, I think to 12. And then three, and it went month
after month and it dragged on, and then people came down. They took time off and
they went through an interview process. People, you know, got their hopes up, their
hopes down. They went through a rollercoaster. We were -- we were watching from
afar because the City Manager is the one that makes the selection. But it was the City
Manager who -- who created that process that -- that long -- it was the City Manager
that created the process of 30 something candidates and five months and he dragged
it out for a period of time, because it's the City Manager who decides who the police
chief is, at end of day. That's the City Charter. 1 think it was dragged out too much.
1 get that frustration. 1 don't think this -- on the other hand, 1 don't think this takes
the politics out of it. I think -- I think it actually puts more politicians into it. And it
politicizes even more --
Commissioner Reyes: How -- how's that? Explain.
Commissioner Diaz de la Portilla: Well, because we now have .five people that are
doing select -- selection committee. So, everybody's has their -- there's six cooks in
the kitchen instead of one. Now, whether --
Commissioner Reyes: Point -- point on -- point on information.
Commissioner Diaz de la Portilla: I know, I understand. Let me give you my point of
view -- Tin going to give you my point of view. I know -- you know yours, let me give
you mine. I said I was torn for that reason. I -- I share your frustration that after we
go through the entire process, and we have someone who was already -- already was
informed that he will no longer be or told us he will no longer be police chief was still
there for five -- for almost six months. And I'm sure that he had some role in that
process of who goes, who doesn't go, a lot of backchat or backroom chatter, a lot of
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gossiping because people are trying to leverage and position themselves to get to that
level. And then after all that process that we thought that we were kind of watching
from afar, but we're hearing what was going on. All that was pulled out from under
us, and I got a call that someone tells me we just -- I think we got the LeBron James
or was it Michael Jordan or something like that. I forgot what you told me, Manager,
one of those two. We got the superstar, and maybe we did. That does not mean that
maybe we didn't. That does not mean that there wasn 't a process that was respected.
And I think that's the frustration. I do believe, and I agree with Commissioner Russell
that by having the Commission do a selection committee and also the ability to
suspend politicizes the process even more. 1 believe that we're injecting, all of a
sudden, all of us jump into this and say, hey, now we have our opinion on this. I am
not equipped to name a police chief• I don't know enough about policing. Maybe --
maybe our city manager isn't either, but that's why you have a process. So, you have
a selection committee. That's why you have the interviews and that's why you go
through that rigorous process to get there. So, I'm -- I think I'm going to vote against
it, and I'm pretty sure I'm going to vote against it now.
Commissioner Reyes: Okay.
Commissioner Diaz de la Portilla: I'm talking myself one way or the other. I'm still
torn.
Commissioner Reyes: Okay. That's fine with me.
Commissioner Diaz de la Portilla: I'm -- I'm pulling both sides, right? I'm -- I'm
pulling -- I'm pulling a Russell -- a Commissioner Russell on you.
(MULTIPLE PARTIES SPEAKING IN UNISON)
Commissioner Reyes: I just want to clarify something because you're going around.
I want to make something clear, you see? We had a process. The process was
decided by us. And in that process -- it wasn't us, the city commissioners, the one that
we're picking. We have Chief Dixon there. We have Chief (UNINTELLIGIBLE)
there. We have professionals that they were the ones that were selecting among the
candidates. And that's what I want to establish, and I want to codify that we should
respect, that we should respect if we are -- because this is going to come again. This
is going to come again. And again, we're going to -- I mean, whoever is here. You
might not be here. 1 might not be here, but whoever's here is going to say, okay, we
want to, I mean, have a committee, a selection committee and you are going to have
another chief. Probably, I don't know, you're going to have a person from the FBI
(Federal Bureau oflnvestigation) who -- the people that were there. We're going to
assign people that are professionals, that they're -- that they really are public safety
professionals. And then what -- the only thing that I'm saying we should respect the
opinion of those people, and they are the ones that they, in this case, they met -- they
met -- Chief Dixon met -- (UNINTELLIGIBLE) -- Chief (UNINTELLIGIBLE), they
met -- all the other people in the committee, they met with the people that were
candidates, and they decide -- they picked the three best candidate. The last word is
on the City Manager.
Commissioner Diaz de la Portilla: Right, I have -- I have a question. A couple of
questions. We pick the selection committee?
Commissioner Reyes: We did it.
Commissioner Diaz de la Portilla: In what you're proposing, we pick --
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Commissioner Reyes: With our proposal, it is -- we -- we select among -- among --
we assign people that are experts.
Commissioner Diaz de la Portilla: We pick the members --
Commissioner Reyes: We pick the members. We can -- you can mod fv that if you
want. That's it.
Commissioner Diaz de la Portilla: Another question, do we --? There's language in
there about suspending a police chief right, also?
Commissioner Reyes: Suspending --1 am not foreseeing that police --
Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) language in there says that.
Commissioner Reyes: Well, it says police chief is suspended. And I know -- and then
that is up to the City Manager to -- I mean, get somebody else as -- in a temporary
basis. And if we got to go through the process, we go to the process.
Vice Chair Russell: Commissioner --
Commissioner Reyes: This is only a process. I love -- I love processes because they
are clear. You see, you know, what, how are you doing it? And -- and -- and I don't
see any -- any -- any problems with this because we did it. The thing is that it was not
followed, you see? And I mean, I had no -- no quarrel or saying, okay, I didn't --
there's not a candidate that I like here. City Manager didn't say that. Let's open it
up again. Let -- let get anybody in the nation that wants to it. And those two
committees, they are going to meet and then they're going to say, "Oh, listen, these
are the three best qualified persons we need. I mean, that -- that -- that had applied.
Pick among -- one among them." You see? The way it is, now, the less qualified
person could be picked. And the same way that now we've got, I mean, you see, we
have the Tom Brady of the --
Commissioner Diaz de la Portilla: That was it.
Commissioner Reyes: I know what you were looking for.
Commissioner Diaz de la Portilla: LeBron James.
Commissioner Reyes: That's right. And a grand slam and all of those adjectives that
were given to our (UNINTELLIGIBLE). This has no bearing on the -- nothing to do
with the active police chief. This has to do with the process of selecting -- leaving
something that, in the future, you see that the -- the Administration and the
Commission, they should know how to proceed. That is -- that is the only thing that I
want to do. I don't want the people to decide if the one that or maybe they will say,
no, we like the way it is. And that's it. I mean, simple.
Vice Chair Russell: Thank you. And just to clam, I don't believe in your
amendment —
Commissioner Diaz de la Portilla: Are you sure it wasn't JaMarcus Russell?
Commissioner Reyes: Huh?
Commissioner Diaz de la Portilla: It wasn't JaMarcus Russell. It was Tom Brady?
Commissioner Reyes: The home -- the home --
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Vice Chair Russell: First of all, you made a reference --
(MULTIPLE PARTIES SPEAKING IN UNISON)
Commissioner Diaz de la Portilla: JaMarcus Russell. No. We never know, we'll see.
Commissioner Reyes: Okay.
Vice Chair Russell: Just to clarify, there is no reference to removal, correct? This is
strictly about selection.
Commissioner Reyes: Selection. That's it.
Commissioner Diaz de la Portilla: Okay. I'm sorry.
Barnaby Min (Deputy City Attorney): Selection and removal is already in the City
Charter.
Vice Chair Russell: What has been, okay?
Commissioner Diaz de la Portilla: Okay, I stand corrected. I'm sorry. I apologize.
Okay.
Commissioner Reyes: Removal is already in the Charter -- is already --
Commissioner Diaz de la Portilla: Okay, I'm sorry.
Commissioner Reyes: -- there's the process. This is selection of.
Commissioner Diaz de la Portilla: I stand corrected.
Vice Chair Russell: Got it. My one --
Commissioner Diaz de la Portilla: Commissioner, do you know who JaMarcus
Russell was -- is?
Commissioner Carollo: I didn't take --1 didn't take my smart pill today.
Commissioner Diaz de la Portilla: No, no, no. Football reference. It's the biggest
muscle in the NFL (National Football League), right? The biggest muscle in NFL
history.
Commissioner Carollo: I -- I only want to think about King, the football player. We
had a good outing on Saturday.
Commissioner Diaz de la Portilla: Yeah, we did.
Commissioner Carollo: He is -- his leg is in great shape. So, I think we're going to
have a good season.
Commissioner Diaz de la Portilla: I think so too, finally.
Vice Chair Russell.• Thank you. Is there any further discussion --
Commissioner Reyes: No.
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Vice Chair Russell: -- on RE.5? We have a motion. We have a second. All in favor,
say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? One opposed.
Mr. Min: Mr. Chair?
Vice Chair Russell: Yes.
Mr. Min: That language would be coming back on July 22, correct? To make the
(UNINTELLIGIBLE).
Vice Chair Russell: What will be coming up on --?
Mr. Min: It's directing the City Attorney to draft the Charter language --
Vice Chair Russell: Yes, of course.
Mr. Min: -- so that will come back on July 22nd.
Commissioner Diaz de la Portilla: And Commissioner Reyes, I vote as a courtesy.
I'm not convinced completely because I'm a little bit convinced -- I'm concerned
about the political aspect, but we -- we can talk about it at the next Commission
meeting.
Commissioner Reyes: You know --
Commissioner Diaz de la Portilla: And we'll talk --
Commissioner Reyes: Thank you -- thank you very much.
Commissioner Diaz de la Portilla: Yeah.
Commissioner Reyes: But let me tell you that my only intention -- I don't have any
personal intention -- my only intention is to leave -- leave a process in place. You see,
leave a process in place. I mean, that those people that are well -versed in -- in -- in
qualifications that a police chief should have -- they have -- I mean, if we ask them to
help us, respect their decision or at least, I mean, take them into consideration.
Vice Chair Russell: Mr. -- Mr. Attorney, this doesn 't need to come back.
Commissioner Watson: No, it doesn't come back.
Vice Chair Russell: All right. This already places it on the ballot. My apologies.
Commissioner Watson: Yeah. I think the only -- so it goes now to the ballot.
Commissioner Diaz de la Portilla: Oh, it already goes on the ballot. I thought it
would have to come back to us.
Vice Chair Russell: No. This was -- he had his language already --
Commissioner Carollo: So, who else didn't take their smart pill today?
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Commissioner Diaz de la Portilla: Yeah, I'm tired. So, I move to reconsider that.
Does it need a four -fifths?
Vice Chair Russell: It does not.
Commissioner Diaz de la Portilla: Okay. There's -- not to go on the ballot?
Mr. Min: It does not.
Vice Chair Russell: No, three fifths to go on the ballot.
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: Motion to reconsider or not?
Commissioner Watson: Second.
Commissioner Diaz de la Portilla: No. Leave it alone.
Commissioner Watson: Leave it alone.
Vice Chair Russell: All right. Motion passes, 4-1.
Todd B. Hannon (City Clerk): Yes. Thank you. 4-1, Commissioner -- Chair Russell
voting no.
Vice Chair Russell: Thank you.
Commissioner Carollo: If it don't work, we can bring it back.
Commissioner Reyes: That's right.
Commissioner Carollo: I think July of next year, August, we have an election we can
make it stronger then.
Commissioner Diaz de la Portilla: Yeah, we have elections every year.
Commissioner Carollo: What's the next election? Next year? The first election that
we have for next year.
Mr. Hannon: I believe --
Commissioner Diaz de la Portilla: August.
Mr. Hannon: -- the one that we could get on would be -- there's not a presidential
preference, so, yes, you're right. It would be August.
Commissioner Diaz de la Portilla: August of '22.
Commissioner Carollo: All right.
Vice Chair Russell.• Got it.
Commissioner Carollo: August.
Vice Chair Russell: All right. That is RE.5.
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[Later...]
Vice Chair Russell: 1 believe that is all of our business for the day, unless I'm
mistaken. Thank you all for your advocacy.
Mr. Noriega: Can I -- can I -- can I --
Vice Chair Russell: Yes, Mr. Manager.
Mr. Noriega: Can 1 -- can I say one thing? I'm sorry, Commissioner Reyes. I want
to congratulate our city attorney on an exceptional job today. He did a really
wonderful job today, filling in for our esteemed Madam City Attorney. I want -- I just
wanted to commend him. He did an exception job.
Commissioner Reyes: Before -- before we go, I want to ask Madam City Attorney,
how's your -- how's your son doing? Vicky. Vicky.
Victoria Mendez (City Attorney): He's going now. My husband just took him to get
an x-ray because his chest hurts, so my husband took him now.
Commissioner Reyes: He's doing all right?
Ms. Mendez: Yeah. At least his fever is gone for now.
Vice Chair Russell: Fever's down.
Commissioner Reyes: I'm glad.
Ms. Mendez: Yeah.
Commissioner Reyes: I'm glad.
Commissioner Diaz de la Portilla: Let us know.
Ms. Mendez: Thank you.
Commissioner Reyes: Let us know. Keep us abreast, okay? Well, we're all --
Ms. Mendez.: I'll keep you posted. I think Commissioner Reyes wants to clarify
something on his legislation.
Commissioner Reyes, did you want --
Vice Chair Russell: Commissioner Reyes? Commissioner Reyes, you had something
to clarify on some legislation?
Commissioner Reyes: Yes. I have to clarify that they made a mistake because in a --
in a Charter amendment -- amendment, they included that the Commission ratified.
And that was not the way that it was intended. It was that we appoint the -- the -- the
committee -- the committee selects. It gives it to the City Manager, City Manager
picks, and that's it.
Vice Chair Russell: Is there a motion to reconsider RE. 5?
Commissioner Diaz de la Portilla: I'll move to reconsider.
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Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by the
Chair. All in favor of reconsideration of the Charter amendment RE.5, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
Commissioner Reyes: Date --
Ms. Mendez: Can we clarify? Mr. Min, do you have a copy there to briefly check if
there is a ratification provision or not?
Mr. Min: I believe --
Commissioner Diaz de la Portilla: It's a big deal.
Mr. Min: I believe the clarification is that the Charter will --
Commissioner Reyes: The thing is this, you see, the way that I -- that I -- I spoke with
Vicky and with everybody else, was if we want to keep politics out, it was that the --
we will choose the committee. Each one of us picks somebody. I will pick a former
chief whatever. You see, they will vet every single and interview every single
candidate. They will decide the three hest candidates. They will give it to the City
Manager. The City Manager will pick one if he agrees with -- if not, the process
starts again. But they included then that the Commission ratifies. That was not my
intention and that's it.
Ms. Mendez: I believe it's drafted is if the Commission says nothing, then it's -- it's
approved.
Commissioner Diaz de la Portilla: It happens.
Ms. Mendez: I believe that's how it's drafted.
Commissioner Diaz de la Portilla: So, once the Manager picks the -- the Chief then
doesn't come back to us. It's done.
Vice Chair Russell: Correct. But you're saying there is an opportunity for us to
intervene at that point if we so should?
Commissioner Carollo: It should -- it should be ratified with the Commission,
frankly. This is what just about every major city in America does. Now, if we're
entering the big boy's arena where we're going to be 500,000 or more, that's where
the feds cut the line and the big cities from the smaller ones, we should act like the big
cities. You know, the Manager doesn 't run for office. Nobody here runs for office,
except the people sitting up here and the mayor. We're the ones that legislate and
vote and get blamed for everything when we don't have hardly any of the power. So, I
have no, you know, concerns on the two main reasons why we exist as the government
for the protection of life and property, which means police and fire, for us to be able
to have some say so -- and, you know, that's why I'm not all that concerned because,
you know, August is around the corner and I'm certainly going to be here. But the --
you know, and this got nothing to do with anyone. Got to be -- it's got to do with the
way it should be for the future. Because when we make legislation, it should be made
not because of what's happening at that moment. It should be made with the outlook
as to how would it be into the future. And this is how I'm looking at that. We -- we
need to be able to say, "hey, you know, this is the way it should be now -- I'm going to
flip it to you the other way." Then if we're so concerned about having a say so, then
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we might as well put a charter change so that if a police chief is fired, he doesn't
come here before us, and we can overturn it. You know, let's wash your hands like
Pontius Pilate and we have no say so on that either.
Commissioner Diaz de la Portilla: Or the opposite. Why don't we just do a charter
change, that lets us pick the police chief the way it should he. Not send three names
to the Manager so he could pick one.
Commissioner Carollo: Well --
Commissioner Diaz de la Portilla: Let's do a process where we select the selection
committee which I'll vote for, and we pick the police chief.
Commissioner Carollo: Well, then I would suggest that --
Commissioner Diaz de la Portilla: It's a way to be not half pregnant here, you know.
Commissioner Carollo: We -- we bring it back on the 22nd. Madam City Attorney, if
we got to come back for a following meeting after that, we'll come back for a
following meeting after that and -- and do it. But there has to be parameters whether
it's us, the Manager, or the guy down the street.
Commissioner Diaz de la Portilla: Sure. Checks and balance.
Commissioner Carollo: Yeah. There has to be clear-cut parameters that give the
guarantee that we're going to pick a professional. And it begins by who is put into
the committees. There's has to be guidelines.
Commissioner Diaz de la Portilla: Of course.
Commissioner Carollo: It can't he --
Commissioner Diaz de la Portilla: Your best friend.
Commissioner Carollo: -- you know, like that -- kid that is always here, you know,
trying to scare all of us, you know, I think it's the security guard that
(UNINTELLIGIBLE) got him a job somewhere, but he's not qualified for that. You
need professionals.
Commissioner Reyes: Yes.
Commissioner Carollo: Former police chiefs, former special agent in charge --
Commissioner Reyes: FBI (Federal Bureau of Investigation) agents.
Commissioner Carollo: People that have the experience. What happened this last
time was that after it was almost done in the first round, the Manager put people, it
came to some of us then. You know, he forgot that he had made us a promise in a
meeting that he was going to do that. Then, you know, after it wasn't done, then we
reminded him, he then started putting some people from -- but from what I'm told,
they really didn't have the say-so in what happened. You know, some of them have
expressed to me they were not happy with the whole process. They could only ask
questions of the candidates that were given to them and one question apiece. Now,
what kind of process is that? You're going to put top law enforcement -- ex -top
enforcement officials, that you're going to give them the questions that they could ask,
get him to give only -- ask one question. So, look think if we're going to be making a
change, it should be a change that really makes a positive difference. I don't mind
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getting the Mayor involved in this at all. And we should, but it should be in
accordance with what other major American cities --
Vice Chair Russell: Is this a motion to defer RE.5 to July 22nd?
Commissioner Watson: Well, let me just -- through the chair. So, then if
Commissioner wants to go in that direction, that makes sense because it should not be
based on some knee-jerk reaction. I don't think you're going to get what you're
talking about though in two weeks. So, we should ask some personnel people, how to
look at different selections if that's what you want to do, right? And then bring that
back to us at some duly appointed time. Because he's correct. So, if we -- 1 don't
know, I'm glad going to 500. But if that's the case, then we should look at how others
do it if we're trying to take the political part out of it. But -- but you also don't want
to lose sight and have someone like who we -- we -- we wound up getting, not in the
process, or out just because you have some sort of formalized sort of situation.
Because the last Chief I'm told there was no committee at all, manager just picked
him.
Commissioner Carollo: But that's the way that it -- it -- it had been done --
Commissioner Watson: Right.
Commissioner Carollo: -- for the jburprevious chiefs.
Commissioner Watson: Right.
Commissioner Carollo: Not just talking about the last one; that was the way --
Commissioner Watson: Right.
Commissioner Carollo: -- that it was being done. I think probably the last time that
there was somewhat of a process, and I don't think it was necessarily the way I'm
describing, but at least there were some internal process was when Timoney was
chosen.
Commissioner Watson: Yeah.
Commissioner Reyes: Let --
Commissioner Watson: Let me just finish right quick, Commissioner Reyes, because
then that should be looked at and then we shouldn't rush into it, because we're
changing the process of -- of how you get an outcome. The only complaints 1 heard
from committee members that I guess 1 had asked to serve was they were not told.
And they felt like they did a lot of work interviewing people, and then all of a sudden,
they got somebody out of the blue. That's a different sort of thing than not being
allowed. And I think it has to do with a lot of who you are selecting in the personnel
process that causes for scripting of that committee and I believe that was the outcome.
So, I'm just saying if you want to do some changes with it, and it makes sense to
everybody, to do that, then we should take a little time and figure out some best
practices (INAUDIBLE) --
Commissioner Reyes: Okay, guys. Listen, the only -- my only concern is that there is
not a process. There is a process to fire the Chief There's a process to fire the City
Manager, you see. There's a process. But there is not a process to select the most
important position in our in our city. And I just wanted to give it, I mean, foment a
process. Now, let's go back, and if you have any ideas, bring your ideas and the only
thing that -- I mean, I made it very specific and very clear that we should pick the
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selection, that we will select the committees -- members of the committees from people
that they are -- people that are professionals, and people that have knowledge, and
they are like -- before that, we had two ex -chiefs in it. That -- their opinion should
have been weighted, you see. They -- I mean, we will select members of the committee
from those residents of -- of -- they don't even have to be resident, those people that
want to serve that they are -- they have a public safety experience. They are the ones
that are going to best and -- and -- and they will interview every one of the -- of the --
of the applicants. They will select three and the City Manager, which is -- is --
according to the statute, he is the one that appoints, not the mayor, nobody. You see,
as a matter of fact, the mayor cannot appoint anybody, supposedly, supposedly, okay?
And you know that and had never happened, it may always be that -- that has gone
from way, way, way, way back, okay? So, we got that -- the City Manager -- it's
going to comply with the law, with the -- I mean the -- the letter of the statute the day
he will pick. He's the one that's going to pick among those three applicants. If he --
there is -- according to his wisdom, there is not a single applicant that meets his
requirement, we start the process again, and that's it. But I mean, listen, I just
wanted to do that, bring -- bring -- bring a process, codify a process, and let the
people pick and choose if they wanted to codify the process. Because I don't want to
see what we've that -- we've been seeing all along that -- that everybody is
recommending his favorite, including me, that I -- that -- let -- let's have a process to
pick the best qualified individual and that's it.
(MULTIPLE PARTIES SPEAKING IN UNISON)
Commissioner Reyes: If you want to discuss this later on, let's discuss it later on.
Vice Chair Russell: Is there a motion on the item?
Commissioner Carollo: If within that process, there's the fortitude in this
Commission and the willpower to make the real changes that we should make as a
major American city, then I would be in favor of holding this off. And if we got to
have special meeting for the second reading, then so be it.
(MULTIPLE PARTIES SPEAKING IN UNISON)
Vice Chair Russell: One reading, is that a motion to defer this to the 22nd?
Commissioner Reyes: This is only one reading remaining?
Commissioner Carollo: Yeah.
Commissioner Reyes: Okay. Let me -- let me ask you, could you define the changes
that we should make?
Commissioner Carollo: Well, quickly, I'll go through some of them, I went through
some already. Others should be that -- it should be a process that it should be fully
transparent.
Commissioner Reyes: Absolutely.
Commissioner Carollo: In other words, every meeting that the professionals that are
chosen -- have is videotaped --
Commissioner Reyes: Public.
Commissioner Carollo: -- open to the public.
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Commissioner Reyes: Absolutely.
Commissioner Carollo: That they could have a real reporting asking questions of
candidates. And that at the end, they choose three, four, five, whatever this body
thinks it should be. I would recommend three --
Commissioner Diaz de la Portilla: Yeah, me too.
Commissioner Carollo: -- individuals that they recommend to this Commission, and
we're bound to choose from those.
Commissioner Reyes: Absolutely.
Commissioner Carollo: We're bound to choose from those. This is the --
Victoria Mendez (City Attorney): Commissioners.
Commissioner Carollo: -- only way that you can cut tremendously the politics out of
it.
Vice Chair Russell: You're recognized, Victoria.
Ms. Mendez: This is a very short section of the Charter. Can we just read it to you?
Because it really is everything that you're describing. And I think it does everything
that you want, and we don 't have to totally throw the baby out with the bath water.
Can I -- can I read it to you quickly?
Vice Chair Russell: Yes.
Commissioner Reyes: I don't hear the baby crying, so --
M.s. Mendez: "The City Commission shall create a resolution" -- 1'm sorry, "the City
Commission shall create by resolution a five -person selection committee with each
city commissioner appointing one member to the selection committee. The selection
committee shall meet in public at a duly noticed meeting. The selection committee
shall review applicants of those that meets the minimum requirements and recommend
the top three finalists to the City Manager. The City Manager may select from the list
of the three finalists or reject the list. If the list is rejected, the selection committee
will reconvene and provide a new list of three finalists until a suitable candidate is
selected. The City Manager selection from the list of finalists is subject to City
Commission confirmation. The City Commission -- if the City Commission fails to
confirm the City Manager's appointment, the selection committee will reconvene and
provide a new list of finalists to the City Manager and the process will repeat until a
suitable candidate is confirmed." I think that addresses all your concerns.
Commissioner Watson: Yeah. Just begs the question if that's in Code, why haven't
we been following it all along?
Vice Chair Russell.: No, that's the proposal, that's not —
Ms. Mendez: No, no this is the proposal.
Commissioner Watson: Oh, that's the proposal. I was going to say it sounds like we
just wanted to pass --
Vice Chair Russell: It's not currently --
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Commissioner Carollo: What needs to be specified more, is the kind of professionals
that will be accepted.
Ms. Mendez: As in the -- the requirements that -- that you'd want like 20 years of
experience, et cetera?
Commissioner Carollo: Well, I -- I think 20 years of experience in professional law
enforcement, police chiefs, assistant chiefs, majors, up to captain, I will go if need be.
So, we can have ample people to pick from. Special agent in charge of different
federal agencies, from FBI, Secret Service, DEA (Drug Enforcement Agency), and
Assistant Special Agent in Charge.
Ms. Mendez: We can place in this here based on criteria that will be established by
the Commission so that it doesn't have to be a charter change each time you want to
change criteria.
Commissioner Carollo: I agree, but we should spell out the bulk of the criteria for the
public to know that this is going to be a real transparent process that we're going to
be bringing professionals that is not --
Ms. Mendez: In the charter? You want this in the charter versus a resolution that
you could pass at the time you select someone?
Commissioner Carollo: Well, I --
Ms. Mendez: Because you all have to agree on the criteria.
Commissioner Carollo: -- I've learned that if it's not in the charter, things could be
changed from time -to -time. And the -- the other area that has been -- well, there's a
couple of other areas that I was thinking that maybe we could add in there to -- to
make it stronger. But I don't think were far away from being there with it. That's
why 1 think that on the 22nd we could he ready to go with it. And give some of my
colleagues some time. If they get cold feet, they don't want it anymore. That's fine
too. I mean, but --
Vice Chair Russell: Is that a motion to defer to July 22nd?
Commissioner Reyes: Let me tell you this. I won't get any cold feet. I want --
Commissioner Carollo: No, no, no, I'm not taking about you right now.
Commissioner Reyes: -- I want a process to be established, you see, and established
in a way that the politics is out of it. This is a professional --1 mean, what we have to
pick is a professional police chief. A person -- the person that it is the best qualified
candidate. The person that could keep our streets safe or our people safe without
owing the -- his or her, job to any one of us.
Commissioner Carollo: And it should be a --
Commissioner Reyes: And -- and it should be -- that person should -- let me -- should
be evaluated according to performance. Not to who that person knows and who he
has befriend.
Ms. Mendez: So, I just wanted to clarifY two points. One, that if this is re -set until the
22nd, we -- we have to have a draft with somewhat of this criteria that you want to
add by Tuesday morning in order for it to make the agenda. So, is -- by any chance,
would it be something that we could say by a unanimous resolution of the Commission
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setting forth the criteria. Because to get all of you to -- to agree to something,
sometimes can be as hard as a charter change. So, maybe that'll work?
Vice Chair Russell: By uni -- what would happen by unanimous?
Ms. Mendez: When you set the criteria.
Commissioner Carollo: For what?
Ms. Mendez: For -- for picking your police chief in the future, it could be set by
resolution, by unanimous of the Commission so that you all agree on the criteria that
you want.
Commissioner Reyes: I wanted it to be presented to the people so they can vote so
they can be part of it too.
Commissioner Carollo: Well, that -- that -- that's what I think that we should put
something there so that the people could feel more confident that it will be a real
transparent process that we're going to follow.
Commissioner Reyes: That's right.
Commissioner Carollo: I'm just afraid, I mean, I compliment you for coming up with
words that it could work. But my concern is how the public is going to see it. And
I'm not sure if that will work for that.
Commissioner Reyes: That's why I want to go to the -- I want to go to the people.
That's it.
Ms. Mendez: I -- I'm just noting that, I don't know if by Tuesday morning, I will have
all those words based on all your ideas in one cohesive legislation. So, that's why I
kind of wanted some of the --
Commissioner Reyes: I will be more than willing to help. I'm sure other members
can too. And, you know, you got some pretty competent people to work with you and
you're very talented yourself. So, by Tuesday, I think you've got, you know, a day or
two to spare.
Commissioner Reyes: Yeah. Okay.
Vice Chair Russell: So, is that a motion to pass?
Ms. Mendez: So, well get -- we'll get all your points and try to put that together then
in a -- in a comprehensive resolution. The other thing is, would the Commission want
me to put the question directing and the actual question on 7/22 or will you have a
special meeting to do the second part?
Commissioner Reyes: Special meeting, I won't be here.
Vice Chair Russell: Yeah. Well, we can do it all on the 22nd.
Commissioner Reyes: I won't be here. I'm -- I'm -- I think that I deserve a vacation
after dealing with you guys for so long every day.
Commissioner Carollo: I don't.
Commissioner Reyes: I'm not talking about my fellow commissioner.
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Commissioner Carollo: I don't even have time.
Commissioner Reyes: You that don't pay attention when we talk.
Commissioner Carollo: I don't even have time to go to Hialeah and you're going to
take a vacation.
Commissioner Reyes: You don't pay attention, and you cause all this problem.
Vice Chair Russell: All right. Is there a motion to defer RE.5?
Commissioner Carollo: Who do you think you are, Diaz de la Portilla or something?
Commissioner Reyes: Well, you know, sometimes you get -- it's a contagious disease.
Commissioner Diaz de la Portilla: I will defer.
Vice Chair Russell: Motion to defer?
Commissioner Diaz de la Portilla: Yes, sir.
Vice Chair Russell: Thank you.
Commissioner Carollo: Are you okay (UNINTELLIGIBLE) --
Vice Chair Russell: Seconded by the Chair. July 22. Is there any further discussion?
All in favor of the deferral, say "aye."
The Commission (Collectively): Aye.
Commissioner Reyes: (FOREIGN LANGUAGE), Vicky.
V Chair Russell: Motion passes.
Commissioner Carollo: Thank you, Vicky.
Vice Chair Russell: Any oppose?
Ms. Mendez: Thank you.
Vice Chair Russell: 1 don't know if any of you were here --1 don't know if any of you
were here the very first time I set foot on this dais, but I embarrassed my son, who
was a young, young boy at that time. He returns to me from college tonight and he is
here in the dais to be embarrassed once again, August Russell.
Applause.
Commissioner Reyes: Last time I saw you it was your birthday.
Ms. Mendez: But we -- is he -- congratulations, coming from college.
August Russell: Thank you. Thank you very much. I don't know what you want me to
say, I don't have a speech ready or anything.
Vice Chair Russell: You can tell us we're adjourned.
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Mr. Russell: What a journey --
Vice Chair Russell: No, you can tell us we are adjourned.
Mr. Russell: You're adjourned now -- you're adjourned.
Commissioner Carollo: Good job.
Vice Chair Russell: (UNINTELLIGIBLE).
Mr. Russell: Yeah, I don't think so.
RE.6 RESOLUTION
9302
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. 20-0380 ADOPTED ON NOVEMBER 19, 2020
WHICH CO -DESIGNATED SOUTHWEST 9 STREET BETWEEN
SOUTHWEST 15 AVENUE AND SOUTHWEST 20 AVENUE, MIAMI,
FLORIDA AS "JUAN JOSE PERUYERO WAY" PURSUANT TO
SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), AND REPLACING IN
LIEU THEREOF THIS RESOLUTION CO -DESIGNATING
NORTHWEST 3 STREET BETWEEN NORTHWEST 17 AVENUE
AND NORTHWEST 19 AVENUE, MIAMI, FLORIDA AS "JUAN JOSE
PERUYERO WAY" PURSUANT TO SECTION 54-137 OF THE CITY
CODE); FURTHER DIRECTING THE CITY CLERK TO TRANSMIT
A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED
OFFICIALS.
ENACTMENT NUMBER: R-21-0286
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: RE (Resolution) -- why don 't we take up RE.6, RE.7, RE.8, and
RE.9.
Commissioner Carollo: Okay, RE.6, I am the sponsor of this one. And RE.7, I also
would like to be a sponsor.
Vice Chair Russell: I think we're unanimous on that one.
Commissioner Carollo: And -- and RE.8, 1 think I'd like to be a sponsor to that too.
Commissioner Diaz de la Portilla: The doggy bags.
Commissioner Carollo: That's right.
Barnaby Min (Deputy City Attorney): There was a substitution sent out on RE.7
already.
Commissioner Reyes: I -- I move it.
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Commissioner Diaz de la Portilla: Are we doing RE.9 also?
Vice Chair Russell: I'm -- I'm asking for RE. 6 through 9.
Commissioner Diaz de la Portilla: Okay.
Vice Chair Russell: Is there a motion on RE.6 through 9?
Commissioner Diaz de la Portilla: I'll do it and I --
Commissioner Reyes: I second it.
Vice Chair Russell: Moved by Commissioner Dias de la Portilla, seconded by
Commissioner Reyes.
Commissioner Carollo: Just the -- this is a -- RE.9 is only for primary elections,
correct?
Todd B. Hannon (City Clerk): RE.9 is for the -- for the November election. Our --
our election this November.
Commissioner Carollo: Yes -- but for primary, this -- for the primary election.
Mr. Hannon: No -- no. It's actually establishing the early voting sites and schedule
for the general election and run-off
Commissioner Diaz de la Portilla: First year -- this year.
Commissioner Carollo: Okay.
Coniniissioner Diaz de la Portilla: For your election this year and the run-off too?
Mr. Hannon: Yes, sir. And the amendment to RE.9 would be if there's a run-off for
mayor, we'll use all seven sites that are being proposed. If there's a run-off for
District 3 --
Commissioner Carollo: RE.11, here's the problem that I have, Commissioner Reyes.
Commissioner Reyes: Yes.
Commissioner Carollo: If there's not a run-off for Mayor, and there's a run-off in
District 3, then we would have a site open that is in your district and only one in
District 3; is that correct? Or only then one site opens in District 3?
Mr. Hannon: Yes, sir. If there's a run-off in District 3, we'll only use the Hispanic
Branch Library.
Commissioner Carollo: Okay. That's fine.
Mr. Hannon: Yes, sir.
Commissioner Carollo: Yes.
Mr. Hannon: And if there's --
Commissioner Diaz de la Portilla: And -- and in -- in District 5, there's a run-off
there?
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Mr. Hannon: If there's a run-off and District 5, we'll use the Lemon City Branch
Library, to the north and the Stephen P. Clark Center to the south.
Commissioner Diaz de la Portilla: Okay.
Commissioner Carollo: I don't want to encourage the opposition.
Vice Chair Russell: All right. There's a motion to the second on RE.6, 7, 8 and 9.
Any fitrther discussion? All in favor, say "aye."
Juvenal Santana (Director, Public Works): Commissioner?
Vice Chair Russell: Yes.
Mr. Santana: Juvenal Santana, Director of Public Works. On the substitution memo
for RE.7 --
Vice Chair Russell: Yes.
Mr. Santana: -- there was a typo in the body. It was correct in the subject. So, that
needed to be updated.
Vice Chair Russell: You need it amended?
Mr. Santana: Yeah.
Vice Chair Russell: Or is the substitution already been captured, Mr. City Attorney?
Mr. Hannon: Mr. City Attorney already referenced that there's amendment to RE.7.
So, we'll capture RE.7 and RE.9 as amended.
Mr. Santana: Okay.
Vice Chair Russell: As amended, you need it.
Mr. Hannon: Yes.
Vice Chair Russell: You need the mover and seconder to acknowledge.
Commissioner Carollo: Yes.
Mr. Hannon: 1 believe it was mentioned by the -- Mr. City Attorney before the
motion was made.
Vice Chair Russell: All right. All in favor, say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed?
Commissioner Carollo: So, only up to RE.9, we're doing right?
Vice Chair Russell: Yes.
Commissioner Carollo: Okay.
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Vice Chair Russell: RE.6, 7, 8 and 9 pass unanimously. RE.10 has been deferred to
July 22nd.
RE.7 RESOLUTION
9271
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION CO -
DESIGNATING THAT PORTION WITHIN THE CITY OF MIAMI'S
LIMITS OF SOUTHWEST 3 STREET FROM NORTH SOUTH
RIVER DRIVE TO SOUTHWEST 2 AVENUE AS "LEONARD J.
HELMERS, JR. WAY" PURSUANT TO SECTION 54-137 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE HEREIN DESIGNATED
OFFICIALS.
ENACTMENT NUMBER: R-21-0287
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item RE.7, please see "Public
Comments for all ltem(s)" and Item RE.6.
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RE.8
9150
Department of
Planning
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING A TEMPORARY PUBLIC
ART INSTALLATION PREVIOUSLY RECOMMENDED BY
THE CITY OF MIAMI'S ("CITY") ART IN PUBLIC PLACES
BOARD ("BOARD") PURSUANT TO RESOLUTION NO.
AIPP-R-21-005 ADOPTED MARCH 15, 2021, ATTACHED
AND INCORPORATED AS EXHIBIT "A", BY AMERICAN
ARTIST WILL KURTZ ("ARTIST") TITLED "DOGGY BAGS"
("ARTWORK") IN PARTNERSHIP WITH AVANT GALLERY
("SPONSOR") AT THREE (3) LOCATIONS: (1) A PARCEL
ZONED "CS", CIVIC SPACE TRANSECT ZONE, LOCATED
AT APPROXIMATELY 501 BRICKELL AVENUE, MIAMI,
FLORIDA, ALSO KNOWN AS THE CITY'S MARY
BRICKELL PARK ("PARK PROPERTY") AND MAINTAINED
BY ICON BRICKELL HOMEOWNERS' ASSOCIATION
("ICON") PURSUANT TO A MAINTENANCE AGREEMENT
FOR THE PARK PROPERTY, (2) A CITY RIGHT-OF-WAY
LOCATED AT SOUTHWEST 15TH ROAD BETWEEN
SOUTH MIAMI AVENUE AND SOUTHWEST 1ST AVENUE,
MIAMI, FLORIDA, AND (3) A CITY RIGHT-OF-WAY
LOCATED AT SOUTH MIAMI AVENUE AND SOUTHEAST
1ST AVENUE, MIAMI, FLORIDA, ALL AS FURTHER
DESCRIBED IN EXHIBIT "B", ATTACHED AND
INCORPORATED, FOR A PERIOD NOT TO EXCEED SIX
(6) MONTHS FOR ALL ARTWORK INSTALLATIONS;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, APPROVALS, CONSENTS, AND/OR
DONATIONS WITH THE ARTIST, THE SPONSOR,
AND/OR ICON, ALL IN FORMS ACCEPTABLE TO THE
CITY ATTORNEY, FOR THE TEMPORARY PUBLIC
ARTWORK INSTALLATION; MAKING CERTAIN FINDINGS
AND REQUIREMENTS; RATIFYING, APPROVING, AND
CONFIRMING CERTAIN NECESSARY ACTIONS BY THE
BOARD, THE CITY'S PLANNING DEPARTMENT, AND
OTHER DESIGNATED CITY OFFICIALS AND
DEPARTMENTS IN ORDER TO PROVIDE INITIAL
AUTHORIZATIONS, TO UPDATE THE RELEVANT
FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN
CONNECTION WITH THE INSTALLATION OF THE
ARTWORK AND DONATIONS, IF ANY, AND FOR ANY
OTHER GRANTS AND OTHER FUNDING SOURCES IN
PROGRESS IN CONNECTION HEREWITH.
ENACTMENT NUMBER: R-21-0288
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 RE.8, please see Item RE.6.
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RE.9
8547
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING
PROVISIONS FOR EARLY VOTING IN THE CITY OF MIAMI
PURSUANT TO SECTION 100.3605, FLORIDA STATUTES, FOR
THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 2, 2021 AND A RUN-OFF ELECTION, IF REQUIRED,
ON NOVEMBER 16, 2021; DESIGNATING CERTAIN SITES AND A
SCHEDULE FOR EARLY VOTING; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
ENACTMENT NUMBER: R-21-0289
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item RE.9, please see Item RE.6.
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RE.10 RESOLUTION
8944
Department of Real
Estate and Asset
Management
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT DATED APRIL 20, 2000, AS AMENDED AND
ASSIGNED, BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI-
DADE COUNTY ("COUNTY"), AND ESJ JI LEASEHOLD, LLC
("ESJ"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND
SUBJECT TO APPROVAL BY THE COUNTY, PROVIDING FOR
ESJ TO PAY A PORTION OF THE AMOUNTS DUE TO THE CITY
PURSUANT TO THE DEFERRAL OF PAYMENTS APPROVED BY
RESOLUTION NO. R-07-0405 IN A LUMP SUM PAYMENT OF
EIGHT MILLION DOLLARS ($8,000,000.00) AND PROVIDING
THAT THE REMAINING BALANCE WILL BE REDUCED BY ONE
MILLION TWENTY ONE THOUSAND NINE HUNDRED TWENTY
THREE DOLLARS ($1,021,923.00) IF THE HOTEL
CONSTRUCTION IS COMPLETED BY JUNE 30, 2026 AND WILL
FURTHER BE REDUCED BY TWO MILLION DOLLARS
($2,000,000.00) AND ACCRUED INTEREST WILL BE WAIVED IF
PAID IN FULL BY JANUARY 31, 2028; FURTHER AUTHORIZING
THE SUBORDINATION OF SUCH AMOUNTS OWED TO THE CITY
TO ESJ'S INSTITUTIONAL FINANCING FOR THE HOTEL
CONSTRUCTION; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE A SIXTH MODIFICATION TO THE
LEASE AND DEVELOPMENT AGREEMENT DATED SEPTEMBER
2, 1997, AS AMENDED AND ASSIGNED, BETWEEN THE CITY
AND ESJ, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WHEREBY ESJ WILL BE GIVEN A RENT CREDIT OF SEVEN
HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00) SPREAD
EQUALLY OVER THREE (3) YEARS, PROVIDING THAT THE
BREAKPOINT FOR PERCENTAGE RENT OF THE PARK WILL BE
REDUCED TO EIGHTEEN MILLION DOLLARS ($18,000,000.00)
AND THE BREAKPOINT FOR PERCENTAGE RENT OF THE
HOTEL WILL BE REDUCED TO TWENTY ONE MILLION DOLLARS
($21,000,000.00) WITH RESTRICTIONS, REVERSIONS, AND
RETENTION BY THE CITY OF ALL OTHER RIGHTS; FURTHER
AUTHORIZING THE CITY MANAGER TO ACCEPT FROM ESJ AN
AMOUNT EQUAL TO APPROXIMATELY EIGHT HUNDRED FIFTY
TWO THOUSAND DOLLARS ($852,000.00) AS FULL PAYMENT
OF THE OUTSTANDING RENT AND TAXES DEFERRED
PURSUANT TO RESOLUTION NO. R-09-0178; RATIFYING,
APPROVING, AND CONFIRMING THE CONSENT TO THE
YGRENE LOAN DATED AUGUST 9, 2017; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY OTHER RELATED DOCUMENTS AS MAY BE
NECESSARY TO ACCOMPLISH THE PROPOSED
TRANSACTIONS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Carollo, Reyes, Watson
ABSENT: Diaz de la Portilla
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Note for the Record: Item RE.10 was deferred to the July 22, 2021, City
Commission Meeting.
Note for the Record: For minutes referencing Item RE.10, please see "Order of the
Day."
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RE.11 RESOLUTION
9016
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, ALLOCATING 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
("BONDS") FOR FUNDING THROUGH THE AFFORDABLE
HOUSING MIAMI FOREVER BONDS PROJECTS
STRATEGIES' CITY ACQUISITION OF LAND STRATEGY
("ACQUISITION STRATEGY"), ATTACHED AND
INCORPORATED AS EXHIBIT "A"; FURTHER
ALLOCATING FUNDING, ON A REIMBURSEMENT BASIS,
IN AN AMOUNT NOT TO EXCEED TEN MILLION
DOLLARS ($10,000,000.00) FROM THE BONDS FOR
FINANCIAL ASSISTANCE THROUGH THE AFFORDABLE
HOUSING MIAMI FOREVER BONDS PROJECTS
STRATEGIES' AFFORDABLE NEW CONSTRUCTION
RENTAL STRATEGY ("RENTAL STRATEGY"), ATTACHED
AND INCORPORATED AS EXHIBIT "B," FOR PROJECTS
THAT HAVE APPLIED FOR AND HAVE RECEIVED LOW
INCOME HOUSING TAX CREDITS; ALL ALLOCATIONS
MUST BE IN COMPLIANCE WITH ALL APPLICABLE
FEDERAL, STATE OF FLORIDA ("STATE"), LOCAL, AND
CITY OF MIAMI ("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 BONDS (COLLECTIVELY,
"LAWS"), AND THESE ALLOCATIONS ARE IN ADDITION
TO THE AMOUNTS PREVIOUSLY ALLOCATED FOR THE
PREVIOUSLY ALLOCATED PROJECTS; FURTHER
DIRECTING THE CITY MANAGER AND THE CITY OF
MIAMI'S ADMINISTRATION TO DEVELOP AND REVISE,
AS NECESSARY OR APPROPRIATE, ANY AND ALL
NECESSARY DOCUMENTS, RULES, REQUIREMENTS,
GUIDELINES, AND REGULATIONS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY AND BOND
COUNSEL, IN ORDER TO IMPLEMENT THE FUNDING
UNDER THE ACQUISITION STRATEGY AND RENTAL
STRATEGY (COLLECTIVELY, "STRATEGIES"), SUBJECT
TO ALL LAWS THAT REGULATE THE USE OF SUCH
FUNDS; THE FORGOING IS SUBJECT TO THE CITY
MANAGER IDENTIFYING AND PRESENTING TO THE
CITY COMMISSION THE SPECIFIC PROJECTS FOR THE
STRATEGIES THAT WILL BE RECEIVING BOND FUNDS
PURSUANT HERETO; PROVIDING FOR AN EFFECTIVE
DATE.
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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.11 was deferred to the July 22, 2021, City
Commission Meeting.
Vice Chair Russell: RE.11, allocate reimbursement funds from Tranche 2 Miami
Forever Affordable Housing.
Commissioner Carollo: Yes. Mr. City Manager, I think you -- this one we talked
about it, RE.11? And you going to come up with a -- with a different -- or with a
proposal, right?
Arthur Noriega (City Manager): Yeah. So, not a different proposal, but the idea for
us is to complement this, expand on it, right?
Commissioner Carollo: Okay, expand it.
Mr. Noriega: With -- with a -- as 1 -- we've discussed with each of you. Present the
options as it relates to the full 100 million two.
Commissioner Diaz de la Portilla: Absolutely.
Mr. Noriega: Right? In addition to what the preference is for how to allocate the
money from the American Rescue Plan as well. When that item comes up as -- as
well, which will be next meeting.
Commissioner Carollo: Okay. So, this is going to be deferred?
Mr. Noriega: No -- no, it doesn't -- it doesn't necessarily have to be deferred.
Commissioner Carollo: Well, 1 -- I -- I think we ought to defer it --
Commissioner Reyes: I think so.
Mr. Noriega: Okay.
Commissioner Carollo: -- so we can do them together.
Mr. Noriega: All right. That's fine.
Vice Chair Russell: Motion by Commissioner Carollo to defer to what date?
Commissioner Diaz de la Portilla: So, let me ask --
Vice Chair Russell: Just -- just a moment. Let me -- let me capture the motion.
Commissioner Carollo: Next meeting.
Vice Chair Russell: Next meeting.
Commissioner Carollo: We're going to bring everything back next meeting, right?
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Mr. Noriega: Yeah, everything's coming next meeting, correct.
Commissioner Carollo: Okay. So --
Commissioner Diaz de la Portilla: So --
Vice Chair Russell: July 22nd.
Commissioner Diaz de la Portilla: To July 22nd. And Mr. Manager and -- ifI may.
Vice Chair Russell: Seconded by Commissioner Reyes. Go ahead. Go ahead,
Commissioner.
Commissioner Diaz de la Portilla: July 22nd, we get the whole tranche thing plus the
American Rescue Plan in one -- in one meeting.
Mr. Noriega: Yes, sir.
Commissioner Diaz de la Portilla: That was --
Vice Chair Russell: Yes.
Commissioner Reyes: Okay. Then we're not going to discuss this -- this --
Mr. Noriega: No. No, the intent is to discuss it at the next meeting as a whole.
Commissioner Reyes: As a whole, okay. Okay. Fantastic. That's the only thing that
I wanted to clarify.
Mr. Noriega: Yeah.
Commissioner Reyes: And I agreed that we are going to go also with the funds
received from State -- I mean,. from the federal funds. Okay.
Vice Chair Russell: All in favor of deferring RE.11 to July 22nd, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
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RE.12 RESOLUTION
9090
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION
DIRECTING THE CITY ATTORNEY TO PREPARE AN
AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CHARTER"), FOR
CONSIDERATION AT A SPECIAL ELECTION SCHEDULED
FOR NOVEMBER 2, 2021 PROPOSING TO AMEND
SECTION 29-B OF THE CITY CHARTER, TITLED "CITY -
OWNED PROPERTY SALE OR LEASE - GENERALLY," TO
AUTHORIZE THE CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE
COMPETITIVE BIDDING AND AUTHORIZE THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A GROUND
LEASE AND MASTER DEVELOPMENT AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY,
BETWEEN THE CITY OF MIAMI ("CITY") AND BISCAYNE
MARINE PARTNERS, LLC (D/B/A "MARINA PARC") FOR
APPROXIMATELY TWENTY SEVEN (27) ACRES OF CITY -
OWNED PROPERTY (INCLUDING UPLANDS AND
SUBMERGED LANDS) IN VIRGINIA KEY AND LOCATED
GENERALLY AT 3301, 3307, 3605, AND 3501
RICKENBACKER CAUSEWAY, MIAMI, FLORIDA AND
IDENTIFIED AS FOLIO NOS. 01-4217-000-0020, 01-4218-
000-0030, 01-4218-000-0031, 01-4218-000-0010, AND 01-
4217-000-0030 ("DEMISED PROPERTY") FOR AN INITIAL
TERM OF FORTY FIVE (45) YEARS WITH TWO (2)
FIFTEEN (15) YEAR RENEWAL TERMS, WITH THE
CUMULATIVE TERM, INCLUSIVE OF BOTH RENEWALS,
NOT TO EXCEED SEVENTY-FIVE (75) YEARS, AND
PROVIDING FOR AN ANNUAL BASE RENT EQUAL TO
THE GREATER OF (A) FAIR MARKET VALUE AS
DETERMINED BY TWO (2) INDEPENDENT STATE
CERTIFIED APPRAISERS OR (B) TWO MILLION FIVE
HUNDRED THOUSAND DOLLARS ($2,500,000.00), PLUS
A PERCENTAGE RENT EQUAL TO SIX PERCENT (6%)
OF THE GROSS REVENUES GENERATED FROM WET
SLIP AND DRY STORAGE, SIX PERCENT (6%) OF
GROSS REVENUES GENERATED FROM FUEL SALES,
AND FOUR PERCENT (4%) OF GROSS REVENUES
GENERATED FROM SUBLEASE INCOME AND OTHER
INCOME -GENERATING SOURCES RECEIVED FROM THE
PROJECT, PLUS ANY RENT INCREASES AND/OR
ADDITIONAL RENTS NEGOTIATED BY THE PARTIES;
AUTHORIZING THE USE OF THE DEMISED PROPERTY
FOR A MIXED -USE WATERFRONT FACILITY INCLUDING,
BUT NOT LIMITED TO, MARINAS, BOATYARD, DOCK
MASTER'S OFFICES, SHIP'S STORES, DRY RACK BOAT
AND OTHER VESSEL STORAGE, WET SLIP DOCKS,
RESTAURANTS, RETAIL, FUEL FACILITIES, AND OTHER
RECREATIONAL AND MARINE RELATED USES, WITH
RESTRICTIONS, REVERSIONS, AND RETENTION BY
THE CITY OF ALL OTHER RIGHTS.
ENACTMENT NUMBER: R-21-0290
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Carollo, Watson
NAYS: Diaz de la Portilla, Reyes
Note for the Record: For additional minutes referencing Item RE.12, please see
"Public Comments for allltem(s)."
Vice Chair Russell: 1'd like to move to the agenda. Gentlemen, with your
indulgence, I'd like to askfbr a motion on RE.12. This has been on the last couple of
agendas, and it's fallen off at the end of the day. So, I'd like to take this one up for
discussion earlier today so we can --
Commissioner Carollo: There's -- there's a motion to -- to bring it up earlier.
Vice Chair Russell: Motion by Commissioner Carollo, seconded by the Chair.
RE.12 is now open for discussion. For my part, I want to see this have a chance to
get to the voters to hear from them on whether or not the current leaseholder at -- at
the marina on Virginia Key should have their lease extended? That'd be in the
hands of the voters, but in order for it to get there, this item would have to pass
directing the attorney to prepare an amendment to the Charter, a question, a ballot
question, so that we can vote on that later this month, if it -- if it is to be placed on
the ballot. Just want to gauge support from this Commission to see if I've got
support on this item.
Commissioner Reyes: I am going to be very honest. I -- I had since day one, you
know, that I'm very consistent. I voted to throw away what we had before in order to
-- and then directed to the City Manager it was to take over it and bring a start -- an
RFP (Request for Proposals) process -- an RFP process. I -- you see, I -- I'm very
consistent on RFPs because that is the only way that we can get the best deal, in my
opinion. And I was -- I was advocating for an RFP, and also, I stated that that RFP
should be evaluated by professional -- by professionals, professional marina
managers or experts instead of people that they don't -- and they don't know
anything about marinas. And that RFP should be final. That whoever wins wins.
But we should have — we shall give the opportunity to the City to do it. And I think
that's -- that shows transparency, and which that's what we want. And we -- I'm
being trying -- it was my -- my same -- my same position with Melreese is going to he
my same position with everything. You see, I am -- and you know, that I am very
consistent in my -- in the way I am. And I -- I mean, you can -- they can present --
anybody, can present. They can present an unsolicited proposal. And that
unsolicited proposal would trigger the -- an RFP process, and let's do it. Let's do it.
That's -- that is my -- my position, sir. And -- and as much as I like or that I -- it is
my, -- I mean, I'm favorable to -- to getting this thing done once and for all, I think
that we should do it the right way. The right way then once and for all. You see,
whoever wins wins. And by now, 1 think that all participants, they should have
enough experience to present the City with -- with the proposal that it will be -- 1
mean, it will be outstanding, and it will be picked by those experts, you see? And
that -- that is my position --
Vice Chair Russell: Thank you, Commissioner.
Commissioner Reyes: -- and it was my position before. And that's the way I think. I
mean, I will move if -- if you -- if you want, I will move that to start -- I mean direct
the City Manager to start an RFP right away, you see?
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Vice Chair Russell: Thank you, Commissioner. So, 1 -- and 1 will recognize you in
just a moment. I -- but just to respond, 1 -- I understand, and 1 do respect that the
need for transparency is paramount always. I do believe we've had a transparent
process on this twice. And you can understand my frustration that as I come to the
end of an eight -year term, we cannot award a simple marina project. I believe the
current tenant has been a good steward. I believe their plan is good. I believe we
have the financial numbers in front of us based on the two RFPs that failed. And no
offense to the current Administration. But the Administration has failed to give us an
RFP that we can award. We've thrown it out twice. So, I'm willing to take it to the
voters. But I do understand and respect your position.
Commissioner Reyes: But -- but sir -- sir, with all due respect -- Commissioner, with
all due respect, I mean, I am not too fond of the four fifth. The four fifth it's -- is a
subterfuge to avoid RFPs. I am a --
Vice Chair Russell: Or a last resort.
Commissioner Reyes: The last resort, if there is only one, I mean, I would go for it.
But -- but when we know that we can go to an RFP and company -- you see, I am a
capitalist. I believe in -- in free enterprise. And what makes free enterprise so great
and so beneficial, it is competition of course. And I think that the only way that we
can get the best deal is by going to a RFP and allow competition. That's my
position. I'm sorry, I have friends that are in, I mean, part of this -- I mean, that --
that are part of this marina, but that -- but that's the way I am. I'm Manolo, you
know, I'm not going to change my mind.
Vice Chair Russell: Thank you, Commissioner Reyes. Commissioner Diaz de la
Portilla, you're recognized.
Commissioner Diaz de la Portilla: Thank you, Mr. Chairman, and -- and I agree
with Commissioner Reyes. But as a matter of fact, Commissioner Reyes, we do in
fact, have an unsolicited proposal on this marina that was submitted this morning.
And this is an idea -- this is all the things that happens when competition exists. And
I think the city manager can walk us through that unsolicited proposal that was
presented to him this morning. And you'll have an idea, Commissioners, on what --
a much better deal we can get when we go through an RFP process action. You'll
see the difference in money that the city can generate in dollars. You'll see what
they're willing to do in capital improvements. You'll see of a -- of. a national
company to come in here and actually build this, the world -class marina I've been
talking about for a long, long time. Mr. Manager, can you walk us through that
unsolicited proposal?
Vice Chair Russell: You're recognized Mr. Manager.
Arthur Noriega (City Manager): Yeah, I --
Commissioner Carollo: Excuse me, ifI may.
Vice Chair Russell: Just a moment, Mr. Manager.
Commissioner Carollo: Mr. Manager, when did you receive that unsolicited
proposal?
Mr. Noriega: It came in this morning.
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Commissioner Carollo: This morning. And you're able to walk us through it when
it came in this morning, and you've been busy preparing for this meeting?
Mr. Noriega: No. It's a very -- its a one page proposal and it basically took the
terms in the agenda item and just increase the numbers for each of the line items.
Commissioner Carollo: Okay, one --
Mr. Noriega: It's not very complicated.
Commissioner Carollo: Okay. A one -page proposal. Okay.
Mr. Noriega: Yeah. I mean, it's --1-- I think the City Attorney shared it with each
of you. So, I can certainly -- I can certainly read it to you if you like. It's not that
complicated.
Commissioner Carollo: I haven't -- I haven't seen anything.
Mr. Noriega: Yeah, it's not that complicated.
Commissioner Carollo: That doesn't surprise me.
Commissioner Reyes: No, it doesn't (INAUDIBLE) --
Commissioner Carollo: I haven't even gotten the appraisal for one property that
one of your offices had for a couple of weeks already. Not to do with this project by
the way.
Commissioner Reyes: But let me ask you something and -- and -- and I want to be
clear on this, is it legal -- just the date that we're supposed to argue this, to present a
proposal in the morning, the day that we're arguing this? That's something that I
wanted to ask the -- the City -- it's not that 1 don't know who in the hell presented
that proposal. I don 't know. I did. And it surprises me too, but I want to know if it
is legal because I want this to be crystal clear, you see? That when I mentioned as
an unsolicited proposal, I was thinking about that marina, you see, for them to
present a proposal. And then if nobody else comes in, then they will be the only
ones. But if somebody comes in, then we have an RFP and that triggers an RFP.
That's the way that I was presented, you see? 1 mean, 1 wasn 't telling anybody come
and do it, okay?
Mr. Noriega: Yeah. We -- we have not reviewed the proposal. We just got it.
Commissioner Reyes: One -page proposal.
Mr. Noriega: Yeah. So -- so for us, it would just be really rereading the memo that
we received.
Vice Chair Russell: Can you do that because we haven 't --? Commissioner Diaz de
la Portilla is asking for that and we're not familiar with this proposal.
Commissioner Diaz de la Portilla: My -- my understanding is, Mr. Manager, it was
delivered to every commissioner's office, but it was the last minute. So, I think -- he
asked I think because I had -- I hadn't finished my line of questioning. He's asking
for -- just read it so the whole Commission has it, obviously. And then I have a
couple of questions of our city attorney also, after you finish, Mr. Manager, and
probably some follow-up questions to you, Mr. Manager.
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Vice Chair Russell: I hadn't received it as -- as of the start of this meeting. So, 1
don't -- 1 don't know what -- when it came in, and what time. Go ahead, Mr.
Manager, you're recognized.
Commissioner Carollo: For the -- for the record, my staff has informed me that we
received it in my office after 10:00 a.m. this morning.
Commissioner Reyes: Yes.
Commissioner Carollo: So, I don't think anyone would have expected me to have
been able to read it while I'm sitting up here on the dais.
Commissioner Reyes: I just received mine right now. I haven't been able to read it.
Commissioner Carollo: The -- the proposal is for what exactly, Mr. Manager, what
marina, what --?
Mr. Noriega: I'll read a verbatim. I mean, it's an unsolicited bid, "Virginia Key
Marina," is the title. "This letter shall serve as the unsolicited hid by Suntex Marine
Investors, LLC (Limited Liability Company) for the redevelopment lease occupancy
in the .form of a ground lease and matter development agreement acceptable to the
City, for the -- of the marinas located on Virginia Key, namely City Marina and
Rickenbacker Marina, collectively referred to as Virginia Key Marina, comprising
approximately 27 acres. Suntex Marine Investors is one of the largest owners,
operators, marine development companies in the US and the world with over $1.2
billion of mixed -use waterfront assets and over 1,000 employees. Currently, Suntex
has six marinas in the State of Florida, two in Dade County, one in the City of
Miami. We have a large presence in the city, and employ over 100 people in the city
of Miami directly and numerous more indirectly. And we employ over 400 in the
State of Florida with 150 in Dade County." Let me get to the meat of the proposal
here. "The lessee would be Suntex Marine Investors, LLC. The property, again, as
stated before, will he Rickenhacker Marina, City Marina, the lessor, City of Miami.
Lease parameters to design, develop, construct a new world class mixed -use marina
.facility with dry slips, wet slips, restaurant, retail, ship store, fuel, and other
recreational and marine related activities, such design to comply with the Virginia
Key Master Plan and include new resiliency standards, public promenades, open
green space, and be both environmentally and ecologically friendly incorporating
green elements wherever possible. The minimum capital commitment is $100 million
or whatever would be required to create a world -class marine facility. Lease term,
45-year initial term with two 15-year renewals, 75 years total. Lease compensation
would be the greater of the below terms or fair market value as determined by two
independent appraisals. Base rent, it says $2.75" -- because there's no zeros after
it. So, 2.75, I'm assuming that's millions, but it doesn't say that. "Conunencing in
Year 1 with annual increases tied to CPI (Consumer Price Index) or a fixed rate
acceptable to the City. Percentage rent shall be paid to the City along the following
formulas: slip and license -- slip license and lease income, dry or wet, 7 percent of
revenues; fuel sale income, 7 percent of revenues; sublease income, upland tenant, 7
percent of revenues; and internal operation and other ancillary income, 5 percent of
revenues."
Vice Chair Russell: Mr. Manager, I'm -- I'm confused is this for the Dinner Key
Marina or for Virginia Key?
Mr. Noriega: Virginia Key.
Vice Chair Russell: Because -- and this is the Suntex Marina Group?
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Mr. Noriega: Yes.
Vice Chair Russell: Which was the -- they lobbied me about a week and a half ago
about Dinner Key Marina. So, that's' what -- if there's an unsolicited proposal, I'm
assuming they're -- they're pitching on Dinner Key Marina?
Mr. Noriega: No. This is --
Commissioner Reyes: Mr. Chair, I had the same experience.
Mr. Noriega: No. This is the -- this specifically says, right, the marina is located on
Virginia Key, namely City Marina and Rickenbacker Marina. And that's the marina
we operate in there, Rickenbacker Marina.
Vice Chair Russell: And -- and this is part of why we have not been able to move
forward on this item for -- for -- for years, six years, seven years now because the
marina games continue. This is a -- this is clearly a -- this is a game that we're all
somehow getting dragged down into.
Commissioner Carollo: It's more than a game. Mr. Chair.
Commissioner Diaz de la Portilla: No, it's not a game.
Vice Chair Russell: Well, they were the winning bidder that got thrown out.
Commissioner Diaz de la Portilla: But they were the winning bidder. They were not
thrown out. You threw them out.
Commissioner Carollo: If I could --
Commissioner Diaz de la Portilla: The Commission threw them out. They won
twice.
Commissioner Carollo: Chair.
Vice Chair Russell: You're recognized.
Commissioner Diaz de la Portilla: And then 1 want to be recognized.
Commissioner Carollo: Chair, can I ask the Clerk to get something for the record
because I think it's important that we get this aspect into the record so that we can
be reminded because 1 don't think any of us or not certainly a vast majority of us
were not around for the first RFP, nor for the second RFP. Mr. Clerk, when did this
Commission issue the first RFP, the date?
Mr. Hannon: I will have to review the historical record and get that information
back to you.
Commissioner Carollo: You remember the year at least?
Mr. Hannon: No, sir.
Vice Chair Russell: I believe it was 2015.
Mr. Hannon: I'm -- I'm sorry, I do not remember the year.
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Vice Chair Russell: If I recall correctly, because I was elected in November of 2015,
and 1 walked in on this one, the first round and so it must have been 2015.
Commissioner Carollo: And so, we're looking at approximately seven years, so it
seems. I'd like for you to confirm it and get back to us. Where it's been so long ago
that the Clerk can't even remember the date. We 've been kicking this can around for
all this time, and from what I've been able to assess, the first request jroproposal,
there were only three bidders. It got thrown out for, you know, numerous reasons,
but I'm not going to venture to go into why, but it got thrown out. Then we went to a
second request for proposal. Two of the original three bidders joined, so you only
had two bidders at the time. And this Commission took a stand on not accepting
those bids for many, many reasons. I'm not going to get here today. And getting to
another tug of war on this issue. We could discuss it, and we could vote it up or
down. If need be, I will get into any game, tug of war, whatever you want to call it
for the next meeting. And I'm sure that, as someone just said, videos would say a
million words, and pictures, a thousand words. So, I, Chair would be willing to
discuss this for a reasonable amount of time. We should all get equal time. We
should give parties the opportunity to discuss it, but if there's ever been a sign of
shenanigans as Suntex Marina knew this had been presented -- for them to come this
morning with another way of thinking that they could somehow derail this, this is not
amusing. And I, like two of you that have spoken, was also lobbied for Dinner Key
Marina. And in fact, what I was told was that they wanted Dinner Key Marina to go
at the same time on the ballot as Virginia Key Marina and that Suntex wanted to hid
on Dinner Key Marina. They will not oppose or get involved in bidding in Virginia
Key Marina, but they had to go at the same time --
Unidentified Speaker: Mr. Chair?
Commissioner Carollo: -- on the ballot on Dinner Key Marina. Now, let me explain
the difference between one and the other. I'm open-minded on putting Dinner Key
Marina, maybe at some time in the future for a request for proposal. In fact, I'm
open-minded even to put Miami Marina by Bayside to a request for proposal
sometime in the future. The difference between Virginia Key and these others is
Virginia Key has been vetted every which way you want to look at it. We've paid
substantial amount of dollars for professional experts to come in, analyze it. Have
told the City how much we should expect in rent from there, what would be a fair
amount, and this has been looked inside out. Whereas the other marinas, you just
can't come in and decide that you want it on the ballot when we haven't gone
through that same process in -- in doing it. That -- now, furthermore, we could be
playing this game forever, that these individuals can come up now. When I say the
individuals, I'm talking about the individuals that are running Virginia Key Marina
now. And they could say that, well, we want to put in the ballot X amount of dollars
instead of the ones that they have. And Suntex will come the next day, or they could
put a proxy of another name and say, we'll put another dollar above that, and this
could be going back -and forth. And the bottom line is that, at the end of the day, the
voters of Miami will be the ones that can approve or not something that has been
vetted, that at least the approximate amount that they're offering makes reasonable
sense based upon what we have been given by experts. That's not to say that if it is
approved by voters, that that's what the deal is going to be. And this Commission
will have the responsibility and the ability to demand more if they so think it's the
correct way to go. Like the project at Freedom Park. It went to the ballot where
they said that they would have paid no less than X amount, but that's why it's been in
negotiations because this Commission has the ability to demand more. And that's
the process that's been followed. Now --
Commissioner Reyes: Okay.
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Commissioner Carollo: --1-- the -- the part that to me is clear as daylight that the
more that this keeps getting delayed and delayed and delayed and it will, unless one
party feels that they could finally get this marina and then get the rest of the marinas
in the city, we're losing an investment upwards of $100 million -- I think it's $113,
$115 million -- that is part of the commitment that we have in that marina that will
make all the difference in the world in that marina. And the City of Miami does not
have that kind of money to invest there. So, this is what I'm looking forward to move
forward. And I'm not going to be here today where this is going to be filibustered,
and we're going to be discussing it and discussing it and discussing it, trying to see
how time runs up. There should be a fair amount of discussion, where minutes are
given to each member of this commission, to the parties that are here before us, and
then we should vote up or down, let the will of the Commission move forward.
Vice Chair Russell: Thank you, Commissioner. And I've got two commissioners
waiting to speak, but I'd just like to remind the item on the floor that's been moved
and seconded, does not necessarily affect that end decision. This is just directing the
attorney to prepare a question which will come back to us for final decision at the
end of this month. So, that's -- that's my ask. And it sounds like, Commissioner
Watson, you're going to be the swing vote on this issue because it sounds like we get
two yeas and two nays to move forward with the (INAUDIBLE) --
Commissioner Reyes: Hold your horses.
Commissioner Diaz de la Portilla: We're not (INAUDIBLE) --
Vice Chair Russell: But just reading the temperature.
(MULTIPLE PARTIES SPEAKING IN UNISON)
Vice Chair Russell: (INAUDIBLE) making assumptions.
Commissioner Reyes: 1 just want a point of clarification.
Vice Chair Russell: No, of course. And you're both going to be very recognized to
speak. So, first is Commissioner Diaz de la Portilla, and then Commissioner Reyes.
Commissioner Diaz de la Portilla: Go ahead and recognize Commissioner Reyes.
Vice Chair Russell: Commissioner Reyes, go ahead.
Commissioner Reyes: Thank you, sir. The -- I know you deferred to age
(INAUDIBLE).
Commissioner Diaz de la Portilla: Age before beauty.
Commissioner Reyes: Yeah, yeah. I know that. I too -- I was -- I was lobbied and as
a matter of fact, I don't know, Commissioner Russell, if you were shown a
presentation about all the marinas and the beautiful marinas and around the world,
and particularly in Spain and all of that. But it was not for those marinas. It was
not for Virginia Key Marina. It was for Dinner Key Marina. It was to bring Dinner
Key Marina also to the voters. And to do the same thing that you're trying to do,
bring it to the voters and now a four -fifth and if they decide, and a four -fifth will
decide the final outcome of -- of the voters' decision. I mean, if they decide that we
should go ahead. And I stated very clearly, clearly my, position. And I said, if you
want to bid for Dinner Key Marina, you may as well, let's go into -- and -- and I said
it -- and I said if you present an unsolicited proposal because that is the procedure,
you will open an RFP process. But I will not vote in favor of placing your request,
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your proposal in the ballot, or anybody else's. I want a RFP. And that's what we
said. I said and I told them. Now, I get this, and it is this unsolicited proposal. It is
not for Dinner Key Marina. It is for Virginia Key Marina, which is, 1 mean, in my
opinion -- in a little way irks me and pisses me off a little bit, okay? And I'm going
to ask the city manager, Mr. City Manager, how fast can we get an RFP and how
fast can we -- I mean, analyze it? And how fast can --? I mean, and you can bring
the decision to the Commission and let the cuts fall whatever it is. I mean, let the
chips falls to whatever -- whatever it is. Whoever wins wins, and we will be voting
on the winner. I commit myself to voting whoever wins the RFP, whoever is -- it is
chosen, 1 will vote for it. And I -- and 1 know that -- that both of them are going to
have a real good presentation and then they're going to give us the hundred -- the
investment and they're going to present $130,$150 million investment in that marina
and -- and a lot -- a lot of benefits for the City of Miami when they -- if they're
competing.
Vice Chair Russell: So, Mr. Manager --
Commissioner Reyes: But this is -- this surprised me -- this surprised me because I -
- I wasn't lobbying for the Virginia Key. I was voting for Dinner Key. I mean, I
don't agree with those changes and all of that. Do we have to accept this?
Barnaby Min (Deputy City Attorney): Mr. Chairman?
Vice Chair Russell: You're recognized.
Mr. Min: Just so the Commissioners are aware, Chapter 18 of the City Code is -- is
- - as language as far as how to process an unsolicited proposal. When it comes in,
the Administration needs to first, if it's going to be entertained, place it as a
discussion item before the City Commission for the City Commission to consider if
this is something they want to consider. If they do, then the Administration needs to
issue an RFP, which shall be for no -- no less than 21 days and no longer than 120
days. That is to -- if you want to consider the unsolicited proposal. If you do not
want to consider the unsolicited proposal, you don 't consider it, and you move on.
Vice Chair Russell: Thank you. So, that discussion item will come at the next City
Commission meeting; is that correct?
Mr. Min: Assuming that is the next available Commission meeting that the
Administration would be ready for, yes.
Vice Chair Russell: Which could coincide with --
Victoria Mendez (City Attorney): Right.
Vice Chair Russell: -- our potential ballot language.
Ms. Mendez: But if I may add --
Vice Chair Russell.: Good morning, Madam City Attorney.
Commissioner Diaz de la Portilla: Well, well -- I'll be recognized at some point, but
let the City Attorney do -- say what she needs to say.
Vice Chair Russell: Madam City Attorney, you're recognized.
Ms. Mendez: Thank you. IfI may add, this is only if the Administration is interested
in dealing with this unsolicited proposal, then they place on the agenda. So, it has to
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meet two hurdles before it gets to you. It doesn't necessarily have to get to you
either.
Commissioner Reyes: Okay, okay.
Vice Chair Russell: Thank you very much. Commissioner, you're recognized.
Commissioner Diaz de la Portilla: The whole idea and I'm going to give a little
history of what's happened with Suntex and with Mr. Melwani's marina.
Commissioner Carollo: Make sure you don't leave anything out.
Commissioner Diaz de la Portilla: 1 won't.
Commissioner Carollo: Thank you.
Commissioner Diaz de la Portilla: It's my turn now, Commissioner; you had your
opportunity. The -- I was also lobbied, and I have met with most -- both Mr. Filler
and Mr. Melwani numerous times. And those conversations over the last six months
or so, or more maybe were about building Miami a number of world -class marinas.
And Suntex has been very, very, interested in building world -class marina. And they
-- after those conversations didn't go -- went nowhere, they bought the lease at
Monty's. And what they want to do is they want to bring to Miami all the capital --
their history, a long history of investment, a solid financial backing to build a world -
class marina anywhere in Miami that has not been built in decades. So, this
unsolicited proposal -- and I'm glad that they met with all of you because they're
interested in investing in Miami. They have -- the unsolicited proposal also has
where their capital is going to come from, where their -- who their investors are,
what they want to do, and the unsolicited proposal also has better terms, better
terms. So, Commissioner Carollo s correct. We can go back and forth, but
Commissioner Reyes' solution is the obvious solution. That's why we have an RFP
process. Because as Commissioner Reyes said, the foundation of capitalism is
competition. But if you come with a resolution before this commission where you
offer one actor only with bad terms when Miami can get better terms. And we know
it. You know how we know we can get better terms? Because our own city
administration told us. We had a special meeting on this. And they told us that it
was $4.1 million in base rent, 4.1 million. What's being offered in your resolution,
Commissioner Russell, is 2.5 million. And someone is offering us a better deal,
who's going to walk away from a better deal? You want Miami to make less money,
less in base rent, less in retail percentage? That makes no sense. That's why we
have an RFP process. We don't pass that. We don't put any item on -- on a
referendum that it gives worse terms to our taxpayers, while our taxpayers can be
making more money for our city. It does not make sense. What we should do is let
the administration decide what they want to do with the unsolicited proposal but go
through an RFP process, Commissioner Reyes said. Let them do it in 21 days, an
expedited manner, let them come before us and say, this is what we think we can get,
this what -- (UNINTELLIGIBLE) the RFP? Let's get their responses to the -- to the
RFP. And we're going to get a better deal for Miami. We shouldn't be playing
favorites here. We shouldn't be picking one over the other. And Commissioner
Russell, that's what you're doing. You're picking one vendor, and you're saying
that's the one I want for the next 75 years. I'm not doing that. What I'm saying is
do an RFP, let them compete, may the best man win. That's what makes sense. But
to vote fbr a proposal that you're putting forward that gives Miami less than base
rent, less than percentage of retail, less of everything. No real commitment in your
proposal of any capital investment, this one has 100 million, a minimum of 100
million, a minimum of 100 million. That's real money on the table. This proposal
doesn't talk about how much money you had to spend. Yes, you're saying that they'd
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spend 130 million. Guess what? They haven't done it yet. In how many decades?
They haven't done it yet. I have nothing against the current Mr. Melwani, but he has
been through a competitive process. I wasn't here; none of us were. Two
competitive processes. Let's do one in an expedited manner that we're here now.
We're all here. That we can make a decision quickly before you leave,
Commissioner Russell. And let's be -- let's do what Commissioner Reyes says,
which is let's create competition, a fair process where three, four, five, six people
compete for it or two. And we get a better deal for taxpayers and a better deal for
Miamians, and that's what we're here to do.
Vice Chair Russell: Thank you for your comments. If there's no further comments,
I'll call the question on the item. We have a -- we have a motion and a second.
Correct, Mr. Clerk?
Commissioner Carollo: (INAUDIBLE) make a brief statement. Just brief.
Vice Chair Russell: Yeah.
Commissioner Carollo: First of all, on the statement that they haven't spent 100
plus million yet and they've been there. Well, how can someone spend 100 plus
million? Who's going to finance that if they don't have the lease extension? I mean,
that's laughable to bring that one up. Secondly of all, it don't matter if now the
game is being played to try to stop this or delay it at the last moment that they offer a
little more. Any one of these offerings are going to have to pay more than they're
offering. And let me explain why, because that's the minimum guarantee rent. But
once you have this kind of investment there, that's going to generate a lot more
money, than the amounts that are being offered. So, we're going to receive much
more than that. So, that the residents of Miami are going to get less money? That's
a lot of hogwash, too. So, I'll leave it at that. I don't want to further extend it, and
let's bring it to a vote on the motion that's here and then on the next.
Commissioner Diaz de la Portilla: Well, 1 want to respond to that.
Commissioner Carollo: Okay.
Vice Chair Russell: You're recognized.
Commissioner Diaz de la Portilla: The only game that's being played is favoring
one vendor and not allowing competition. That's the only game being played here.
And not allowing a competitive process to take place.
Commissioner Carollo: We've had that.
Commissioner Diaz de la Portilla: You already had the floor, it's my turn. The only
game -- and what's laughable -- what's laughable is that we're trying to hoodwink
our voters by giving them one option. There's not a choice. We -- we're giving them
one option. Why not allow the choice? If the current vendor is going to do so much
and do more than the other vendor, then let him win the RFP. But they haven't won
an RFP; they've lost two, and they've lost bid protests too, and they've lost in court
too. Are they going to win? Let's do an RFP -- and we weren't here. So, let's throw
all that out. And I wasn't here. But I'm here now. And I will not fool my voters and
the voters of the City of Miami and the taxpayers of the City of Miami by pretending
that by offering only one option, we're giving them a choice. It's only one choice.
That's not an option. That's what happens and that's what they did in -- in Soviet
Union. They have one candidate. Let's do an RFP, let's compete, let them compete,
may the best man win. But to do something -- and by the way, the 100 million is
more. Suntex has a proven history, a proven history of building world -class
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marinas, of world -class marinas. What we have today at Rickenbacker and Dinner
Key -- not one of them is a world -class marina, not one of them. And by the way,
they want to invest $100 million because they said they haven't -- they'd been on
(UNINTELLIGIBLE) ground. They've been there for how many decades? How
many decades? There's still thing -- the same thing that it was when I was a kid.
Come on, let's not fool voters. What's laughable is what's happening today, a
proposal that only gives one choice to voters, one choice to favor one particular
vendor. And that's all this is.
Vice Chair Russell: I'll respond.
Commissioner Dias de la Portilla: Everybody can see right through it, right through
it. It's one choice.
Commissioner Carollo: You're right --
Vice Chair Russell: I'll respond to that. Commissioner, you 're -- you're -- you're
wrong and you're wrong for a couple of reasons. The numbers are a sham because
if the competitive process would yield the maximum rent to us, that competitive
process has been completed twice. And this particular unsolicited proposal this
morning was involved in that competitive process, and they did not offer three
million, four million dollars or whatever the City believes that property is worth.
Commissioner Diaz de la Portilla: They wanted to -- they wanted to.
Vice Chair Russell: Excuse me, sir. The competitive process yielded exactly what
this proposal is offering. Furthermore, the unsolicited proposal we're -- we're
receiving this morning was a party to both of those RFPs that got thrown out. And
their partnership team included the perpetrator of the Biscayne Bay's greatest
environmental crime and disaster in its history. And that's a big reason that it was
thrown out. That was their choice to partner with that group and that make that
their -- their proposal team.
Commissioner Diaz de la Portilla: They are no longer a part of that, and you know
that.
Vice Chair Russell: Please, Commissioner -- please, Commissioner. This process
has been exhausted. There -- there is no -- if we did another RFP, it'll be the same
two or three that bid once again, and round and round we go with the games. So,
our proposal -- my proposal is to take it to the voters with the existing tenant who I
believe is a good steward of that property and has proven themselves. So, it's the
will of this Commission whether or not the attorney should even draft that question.
That's all that's before us today. And if a discussion item does come next -- at the
end of this month with this question, that's when we can take that up. So, my vote --
my que -- my ask for a vote today is simply on whether or not the attorney should
draft a question. So, if there's any -- anything else to debate on the issue, we can,
but I think we're exhausting the issue. And so, I'd like to bring this to a head. So, is
there any further discussion before we vote? Yes, Commissioner.
Commissioner Carollo: The vote that -- the vote that we have --
Vice Chair Russell: Yes.
Commissioner Carollo: Let's get the Clerk to go over the resolution again, make
sure we're clear, because we're not voting on the item that you have first, we have
another item.
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Todd B. Hannon (City Clerk): Yes, sir. The resolution you should be voting on is
simply directing the City Attorney to draft the ballot question, which will be brought
back.
Commissioner Carollo: Was there a motion then --
Mr. Hannon: Yes.
Commissioner Carollo: -- and another resolution before?
Vice Chair Russell: No. No other resolution.
Commissioner Carollo: All right. So, ours -- this resolution is first, the resolution
that I made the mo -- a motion on and Commissioner Russell seconded?
Mr. Hannon: Yes, sir.
Commissioner Carollo: Good. That's fine. Iwant to be sure.
Vice Chair Russell: Thank you. So, there has been a motion. There's a second. Is
there any further discussion? Roll call vote please.
Mr. Hannon: Roll call vote on item RE.12. Commissioner Reyes?
Commissioner Reyes: No.
Mr. Hannon: Commissioner Watson?
Commissioner Watson: Yes.
Mr. Hannon: Commissioner Diaz de la Portilla?
Commissioner Diaz de la Portilla: No.
Mr. Hannon: Commissioner Carollo?
Commissioner Carollo: Yes.
Mr. Hannon: Chair Russell?
Vice Chair Russell: Yes.
Mr. Hannon: The motion passes, 3-2.
Vice Chair Russell: Thank you very much. Motion passes.
Commissioner Reyes: Mr. Chair.
Vice Chair Russell.: Yes.
Commissioner Reyes: I just want a point of clarification, sir.
Vice Chair Russell: Just a moment. The attorney has a clarification point.
Mr. Min: That's corning back on July 22nd, correct?
Vice Chair Russell: Yes -- yes, please. Commissioner Reyes, you're recognized.
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Commissioner Reyes: Yes. 1 want everybody to know that 1 do agree that the voters
should decide in certain areas when there is -- 1 mean, when -- when the process
have been followed.
Vice Chair Russell: Yes, sir.
Commissioner Reyes: And -- and as I stated during the discussions was that -- and I
don't call it Freedom Park because I think that has -- that -- that name was used as a
- - as a bait for people who like the sound freedom, freedom, freedom tower, freedom
on this, okay. And at Melreese -- I was totally opposed to granting the park to those
- - that group just by -- by a referendum because that was not competition. You see.
I believe that certain things have to come change in codes, change in -- when you
don't have any alt— alternative, you bring it to the voters and the voters decide. But
that is -- that is my position. I have nothing against any of the players. And I have,
as a matter of fact, that if I were to follow my feelings, I would have voted with you,
butt wanted to be consistent.
Vice Chair Russell: You have been consistent.
Commissioner Reyes: That's -- that's all 1 wanted to do.
Vice Chair Russell: Absolutely.
Commissioner Reyes: Okay.
Vice Chair Russell: Thank you very much.
Commissioner Carollo: The -- the only thing that I think we could all be in
agreement on, that no one is calling this the Freedom Marina.
Vice Chair Russell: Thank you. 1'd like to break for lunch until 3:00. Is that okay
with everyone?
Commissioner Reyes: Yes.
Commissioner Carollo: We have a time set on item at 3:00?
Vice Chair Russell: Yes -- yes, we do. Thank you very much. We're in recess until
3:00.
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RE.13 RESOLUTION
9253
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. 20-0295 ADOPTED SEPTEMBER 24, 2020 AND
RESOLUTION NO. 21-0238 ADOPTED JUNE 10, 2021
CONCERNING NEGOTIATIONS WITH SAINT JAMES
COMMUNITY DEVELOPMENT CORPORATION OF MIAMI, INC.
AND MIAMI-DADE COUNTY FOR THE CITY OF MIAMI-OWNED
PROPERTY LOCATED AT 1785 NORTHWEST 35TH STREET,
MIAMI, FLORIDA.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Note for the Record: Item RE.13 was deferred to the July 22, 2021, City
Commission Meeting.
Note for the Record: For minutes referencing Item RE.l3, please see "Order of the
Day" and "Public Comments for allltem(s)."
Vice Chair Russell: RE.13. This was Commissioner Carollo's item regarding
Allapattah Library (INAUDIBLE).
Commissioner Carollo: We are going to defer this until the next meeting. Mr.
Manager, you have not signed anything obviously in this. Okay, so we'll defer it to
the next meeting.
Vice Chair Russell: Moved by Commissioner Carollo and seconded by the Chair.
Any -- all in favor of the deferral?
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes to defer to July 22nd.
RE.14 RESOLUTION
9310
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING AND ADOPTING THE ANNUAL
BUDGET OF THE LITTLE HAITI REVITALIZATION TRUST
("TRUST"), ATTACHED AND INCORPORATED AS COMPOSITE
EXHIBIT "A", IN THE AMOUNT OF $56,000.00 FOR THE MONTHS
OF JULY 1, 2021 TO SEPTEMBER 30, 2021 FOR FISCAL YEAR
2020-2021; FURTHER APPROVING AND ADOPTING THE
TRUSTS MASTER PLAN, ATTACHED AND INCORPORATED AS
COMPOSITE EXHIBIT "B".
ENACTMENT NUMBER: R-21-0291
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MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item RE.14, please see "Public
Comments for allltem(s)."
Commissioner Carollo: RE.14.
Commissioner Reyes: 1 move it.
Commissioner Carollo: Second.
Commissioner Watson: Fourteen, I just need to make sure I put something on the
record, Mr. Chair. I have an Exhibit B to this. Do I have to give it to you, Barnaby?
Or do I have to read it?
Barnaby Min (Deputy City Attorney): You can just give it to the Clerk to enter into
the record as an exhibit.
Commissioner Watson: Okay. All right.
Vice Chair Russell: Is it an amendment?
Unidentified Speaker: Yes, yes.
Commissioner Watson: Yes, it is.
Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner
Reyes. Does the mover and seconder accept the amendment?
Commissioner Carollo: Yes.
Vice Chair Russell: Any further discussion? All in favor, say "aye.
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes on RE.14.
Commissioner Carollo: Fifteen has been deferred, right?
Vice Chair Russell: It has --
Commissioner Carollo: Okay.
Vice Chair Russell: -- to July 22nd as well.
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RE.15 RESOLUTION
9309
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING THE JULY 1, 2021 LITTLE HAITI
REVITALIZATION TRUST'S ("TRUST") BOARD APPOINTMENT OF
AS THE TRUST'S
PRESIDENT/CHIEF EXECUTIVE OFFICER ("PRESIDENT")
PURSUANT TO SECTION 12.5-45 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); FURTHER
APPROVING THE SALARY AND BENEFITS OF THE PRESIDENT
IN THE APPROXIMATE TOTAL AMOUNT OF FIFTY SIX
THOUSAND DOLLARS ($56,000.00) FOR THE THREE (3)
REMAINING MONTHS OF JULY 1, 2021 TO SEPTEMBER 30, 2021
FOR FISCAL YEAR 2020-2021 PURSUANT TO SECTION 12.5-45
OF THE CITY CODE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Carollo, Reyes, Watson
ABSENT: Diaz de la Portilla
Note for the Record: Item RE.15 was deferred to the July 22, 2021, City
Commission Meeting.
Note for the Record: For minutes referencing Item RE.15, please see "Order of the
Day."
END OF RESOLUTIONS
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SR - SECOND READING ORDINANCE
SR.1 ORDINANCE Second Reading
9094
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE XI/DIVISION 7 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TITLED
"ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/OVERTOWN ADVISORY BOARD/OVERTOWN
COMMUNITY OVERSIGHT BOARD;" MORE PARTICULARLY BY
AMENDING SECTIONS 2-1052 AND 2-1053 TO REVISE
MEMBERSHIP COMPOSITION AND SELECTION PROCEDURES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: 14011
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Jeffrey Watson, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Vice Chair Russell: SR.1. Is there a motion on SR.1?
Commissioner Diaz de la Portilla: So moved.
Commissioner Carollo: F or S?
Vice Chair Russell: S -- SR (Second Reading). This is Overtown Advisory Board.
Commissioner Carollo: We want to take up the others?
Vice Chair Russell: I'm just going in order at this point. SR.1 is next.
Commissioner Carollo: You said SR.1, hold on. Let me go back to that. Okay.
Commissioner Diaz de la Portilla: You want to move that, Commissioner?
Vice Chair Russell: Moved by Commissioner Watson, seconded by Commissioner
Diaz de la Portilla. This is amending the code Chapter 2 for the Overtown Advisory
Board.
Commissioner Carollo: Okay.
Commissioner Reyes: Yeah.
Vice Chair Russell: Is there any further discussion?
Commissioner Diaz de la Portilla: No.
Vice Chair Russell: All in favor -- I'm sorry, please read for the record, Mr. City
Attorney.
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Barnaby Min (Deputy City Attorney): Thank you.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Vice Chair Russell: Thank you. All in, favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes on SR.1. Thank you.
END OF SECOND READING ORDINANCE
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FR - FIRST READING ORDINANCES
FR.1 ORDINANCE First Reading
7221
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CITY CODE"), TITLED "BICYCLES,
SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES,"
TO CONVERT THE EXISTING MOTORIZED SCOOTER PILOT
PROGRAM TO A PERMANENT PROGRAM; PROVIDING FOR
INCREASED FEES FOR SCOOTER OPERATORS; PROVIDING
FOR ENHANCED PENALTIES FOR VIOLATIONS OF THE
SCOOTER PROGRAM, INCLUDING FINING ADULT ACCOUNT-
HOLDERS OF A SCOOTER OPERATOR FOR PERMITTING A
PERSON UNDER 18 YEARS OF AGE TO OPERATE A SCOOTER;
PROVIDING FOR SCOOTER FLEET SIZE LIMITATIONS BY THE
APPLICABLE PROCUREMENT METHOD THAT SELECTS
OPERATORS; PROVIDING THAT ALL PROVISIONS OF THE
MOTORIZED SCOOTER PILOT PROGRAM IN EFFECT PRIOR TO
THE PASSAGE OF THIS ORDINANCE CONTINUE FOR THE
REMAINING DURATION OF THE PILOT PROGRAM WITH
CERTAIN LIMITED EXCEPTIONS; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Carollo, Reyes, Watson
ABSENT: Diaz de la Portilla
Note for the Record: Item FR.1 was deferred to the July 22, 2021, City Commission
Meeting.
Note for the Record: For minutes referencing Item FR.1, please see "Order of the
Day."
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Meeting Minutes July 8, 2021
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: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Commissioner Carollo: Mr. Manager.
Vice Chair Russell: Just a moment, Commissioner Carollo, what do you want to do
with FR.2?
Commissioner Diaz de la Portilla: We're going to defer -- indefinitely defer.
Vice Chair Russell: There is a motion for indefinite deferral of FR.2.
Commissioner Reyes: 1 second the motion.
Vice Chair Russell: Seconded by Commissioner Reyes. Any for discussion? All in
favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes. Go ahead, Commissioner Carollo.
Commissioner Carollo: Mr. Manager. Is there any Particular reason why the
Police Chief wasn't here today to address us in this issue?
Arthur Noriega (City Manager): Yeah, he's actually attending a wedding, a family
event, so he's out of town.
Commissioner Carollo: Okay. Thank you.
Vice Chair Russell: Thank you.
City ofMiami
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FR.3 ORDINANCE First Reading
9240
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, TITLED
"LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS
REGULATIONS," BY CREATING ARTICLE V, TITLED "HOTEL /
MOTEL REGULATIONS," TO ADDRESS HUMAN TRAFFICKING
VIOLATIONS AND BY CREATING AND PROVIDING DEFINITIONS,
MINIMUM REQUIREMENTS, REMEDIES, AND PENALTIES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Vice Chair Russell: The remaining FR (First Reading) agenda are the dueling motel
legislation.
Commissioner Diaz de la Portilla: If you allow me, Chairman?
Vice Chair Russell: Yes.
Commissioner Diaz de la Portilla: With obviously, Commissioner Reyes'
acquiescence if we can defer these two items so we can have some further
conversation and bring it back on July 22nd. You're okay with that, Commissioner?
Commissioner Reyes: You're talking about my -- the --
Commissioner Diaz de la Portilla: No, I'm talking about my hourly
(UNINTELLIGIBLE) -- I'm talking about both, Commissioner. And we can defer
both of them.
Commissioner Reyes: I -- I -- I -- I -- definitely, I am going to push this ordinance
and I'm going to tell you why because it was a lot of time that we spent with the State
Attorney Office and Miami Police Department and it is -- this is supported by our
police department and is supported by the State Attorney, you see? And it's very,
similar to what do you really intent. It has your intent, and I really thank you for
bringing that over. And what we tried to do is to -- I know that you agree with it and
everybody, that we need a comprehensive approach in order to avoid any criminal
activity to take place in any hotel and motel in the City, of Miami. So, I move --
Commissioner Diaz de la Portilla: We -- we're in FR.2 now, I think first was mine,
right? The -- that's the one that I'm sponsoring. So -- that's why I'm asking as a --
as a courtesy.
Vice Chair Russell: Whoever s got the fastest trigger. Is there a motion?
Commissioner Diaz de la Portilla: 1 move the motion.
Commissioner Reyes: No, I motion on FR.3.
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Commissioner Diaz de la Portilla: 1 -- I moved FR.2. Well, it doesn't matter. 1
think (UNINTELLIGIBLE) --
(MULTIPLE PARTIES SPEAKING IN UNISON)
Commissioner Carollo: You know what -- you know what —
Commissioner Diaz de la Portilla: It is a different conversation. Let -- let me tell
you what --
Vice Chair Russell: I didn't mean to do that.
Commissioner Carollo: You know what I'm concerned about?
Commissioner Diaz de la Portilla: What is it, sir?
Commissioner Carollo: That if we defer for you, next meeting, you might have some
of those working girls here with an unsolicited proposal for us.
Commissioner Diaz de la Portilla: No, no, no. The -- were you shocked by that?
(MULTIPLE PARTIES SPEAKING IN UNISON)
Commissioner Diaz de la Portilla: I thought nothing would surprise you by that,
Commissioner, (UNINTELLIGIBLE). Let me tell you what my concern is. This have
-- because we can't do it in private. So, we got to do it public. Look, to me it's clear
that the three-hour thing is just a way to circumvent. Not that you're doing it, but it
actually circumvents the intent of what we're trying to do here. I think that -- that
because they could just double book it and triple book it and quadruple book it. So,
in essence, they agree to everything else just because (UNINTELLIGIBLE) doesn't
mean that its -- it solves the problem. But 1 have no problem at the end of the day,
Commissioner Reyes, supporting what you want to do, and we will do it together.
And we'll sponsor it together. But I will tell you this, this has been a problem in this
city for decades. Given six months -- what -- three hours that you're proposing
versus the one hour that I want, yeah, I think will help solve the problem. Though --
and some other amendments, some other ideas that I had, which included keeping
the CCTV (Closed Circuit Television) camera footage for 60 days.
Commissioner Reyes: Okay. Let's do one thing, sir. Let's -- let's pass this one and
let's get a report from the police department four months from now, three months
from now.
Commissioner Diaz de la Portilla: That's what I want.
Commissioner Reyes: Then we look into our changing it. But -- what I wanted to --
I don't want to circumvent anything. The only thing is that I ask point blank, the
hourly has any effect and it's the -- the City and State Attorney and the investigators,
as well as the police department said no. And what I don't want is to hurt hotels,
you see, like the Apex in Downtown Miami that they have blocked three-hour blocks
and all that.
Commissioner Diaz de la Portilla: No. They have half -- half a day, six hours. It --
it's clear that we're not going after any of those normal motels. Everybody knows --
everybody knows what motels we're talking about.
Commissioner Reyes: What? Yes.
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Commissioner Diaz de la Fonda- And -- and there's about 13 of them in Miami
and we know where they are. We know what we are talking about. We obviously
don't want to hurt, you know, a Hyatt or Hilton or a Days Inn or anything like that.
That's -- we want -- we know who we're going after. I would like to have -- instead
of having representatives from the motel industry here, to have somebody from the
State Attorney's Office here, somebody from the police department that can maybe
speak to this.
Commissioner Reyes: I have a -- I have --
Commissioner Diaz de la Portilla: Mr. -- Chief Morales there. But I don't want to
belabor the point. The only thing I'm saying, well, let's go ahead and pass them
both or combine them.
Commissioner Reyes: But when you pass both, I do not agree that we should do one
Commissioner Diaz de la Portilla: One hour so -- so --
Commissioner Reyes: -- one hour that -- that 1 mean.
Commissioner Diaz de la Portilla: So, what I will do is I'll defer mine; we'll pass
yours and -- and indefinitely defer it. So, it comes back to us whenever we want to,
within six months, right?
Commissioner Reves: Okay.
Commissioner Diaz de la Portilla: All right. And -- but let me tell you -- I'm not
finished. When we -- if the problem persists for another, you know, it's been already
three or four decades, we come back in three months, as you say, and anybody can
drive by there right now. You live two blocks away, you know. You've seen it.
We've all seen it. You drive by there and that continues six months from now and
this doesn't solve the problem, then we have a problem.
Commissioner Reyes: Okay.
Commissioner Diaz de la Portilla: Will you then acknowledge that the -- maybe the
one hour is what we need, and we come back to it. 1'm not committing to it. What I'm
saying, will you then at least be open to looking at one hour is -- is what we need to
have to get rid of the one hour.
Commissioner Reyes: if -- if we have problem and police department and -- and the
State Attorney, they said the problem is the time I'm willing to look into yours --
mean, it is -- it is fine with me.
Commissioner Diaz de la Portilla: That's fair.
Commissioner Reyes: Okay.
Vice Chair Russell: Thank you. There's a motion for FR.3. Is there a second?
Commissioner Carollo: Excuse me. Can I put my two cents in this?
Vice Chair Russell: Yes.
Commissioner Carollo: Thank you.
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Vice Chair Russell: I wasn't going to call the question. I was just putting it on the
floor.
Commissioner Carollo: Okay.
Vice Chair Russell: So, we have a motion. I just wanted to have a second.
Commissioner Carollo: I -- I'd like to make an amendment to --
Commissioner Reyes: Friendly amendment.
Commissioner Carollo: I'm always friendly, Commissioner. A very friendly
amendment, if I may call it, to the proposition that you have and your ordinance, and
that is to keep everything intact that you have, raise the three hours to six hours and
we bring it back to the first meeting in January, so that we can get a report, not only
from our own police department, but I would like to ask one too of our neighboring
city, Coral Gables, because this is one that is affecting them also. And then for us to
go forward based on what we get in those reports.
Vice Chair Russell: Will the mover accept that amendment?
Commissioner Reyes: That is -- it could be a -- instead of a three hours, four hours?
Commissioner Carollo: Six hours.
Commissioner Reyes: Six hours.
Commissioner Carollo: It's a quarter of the day. It's not a lot.
Commissioner Reyes: That quar -- but I -- I'd rather -- I'd rather have it with four
hours at most and -- and -- and I think that -- I don't know -- every -- this is very,
very well thought. And 1 know that there are hotels once we pass this, we're -- we
cannot only legislate for that group of motels or hotels. This is going to affect other
hotels that -- they are, as I said, I mean that --
Commissioner Diaz de la Portilla: No, ho -- no legitimate hotel rents for three
hours.
Commissioner Reyes: Yes, sir.
Commissioner Diaz de la Portilla: It doesn't exist. And even --
Commissioner Reyes: Do you have the list of the motels that they --?
Commissioner Diaz de la Portilla: It doesn't exist. And we all know -- and we all
know --
Commissioner Reyes: Yes, sir.
Commissioner Diaz de la Portilla: And Commissioner Car -- look -- look, what's
wrong with six hours? I agree with -- you know, what's the point of allowing these
one -hour operations?
Commissioner Carollo: Well, look, I'm -- I'm putting six hours down because I think
six hours is -- is a fair time. If you have people that are really tired --
Commissioner Diaz de la Portilla: Right.
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Commissioner Carollo: -- they didn't want to pay for a whole day --
Commissioner Diaz de la Portilla: -- or layover you know.
Commissioner Carollo: They might want to rent for five hours, maybe six hours
where they get a decent sleep and move on. I -- I'm trying to find a medium way for
everyone involved. We study it based upon what our police department gives us,
comes January, and we can increase the hours or decrease the hours.
Vice Chair Russell: So, what's the specifics of your amendment?
Commissioner Diaz de la Portilla: Let me ask --
Commissioner Carollo: My amendment is six hours.
Commissioner Reyes: Let me -- let me ask the City Attorney about this. Let me as
the City Attorney. City Attorney, the way that is written, if any hotel rents for less
than three hours, they are in violation?
Barnaby Min (Deputy City Attorney): Yes, sir. That's how it's worded.
Commissioner Reyes: Huh?
Mr. Min: Yes, sir. That is how it is worded.
Commissioner Reyes: You see, that is why I'm saying they're in violation. They
cannot come in and allow in anybody.
Commissioner Diaz de la Portilla: Well -- well, somebody's going for 20 minutes,
and they can rent the same room out for another 20 minutes.
Commissioner Reyes: The same thing happens with six -hour. You can use it for two
hours --
Commissioner Diaz de la Portilla: But the -- but these -- these motels have a
different purpose.
Commissioner Reyes: No -- no, but --
Commissioner Diaz de la Portilla: So, now, if -- if -- if you put some teeth in it, you
know what real teeth is, and they rent one hotel for three hours, they can't re -rent it
until the next three hours -- for -- for three hours. They cannot rent to somebody else
for three more hours. That's teeth -- that's real teeth. If somebody rents it for three
hours, they -- and somebody leaves 50 minutes after they rent it, they can't rent the
same room to that -- to somebody else until the three hours elapsed. That's teeth.
Commissioner Reyes: Listen, if -- if -- if you rent for six hours and -- and -- and you
-- you use it for three hours, for two hours, you see, you can rent it again and again
and again and again. It happens.
Commissioner Diaz de la Portilla: But -- but you know, that's not what's happening
here.
Commissioner Reyes: It is.
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Commissioner Diaz de la Portilla: But -- but you know what's happening here.
Commissioner Carollo --
Commissioner Reyes: Everybody -- you know —
Commissioner Diaz de la Portilla: Commissioner Carollo is also correct. It's true
that there are people that want it because it have a -- and I don't want to use this
expression because it's probably the wrong expression to use -- like layovers on a
flight and -- and they want to sleep for four hours or three hours.
Commissioner Reyes: Let -- let me --
Commissioner Diaz de la Portilla: And -- and that I get, but somebody -- like that I
get. But -- but everybody knows.
Commissioner Reyes: I have a list here offive-hours.
Commissioner Diaz de la Portilla: All those hotels that have that rent for six
hours, for !bur hours and whatever, they will rent for whatever our law says because
that's not their business model.
Commissioner Reyes: But they -- they --
Commissioner Diaz de la Portilla: The business model we're talking about it's only
one set of hotels.
Commissioner Reyes: Absolutely.
Commissioner Diaz de la Portilla: And we know what we're talking about.
Commissioner Reyes: But -- hut --
Commissioner Diaz de la Portilla: Commissioner, look, to be honest with you. In
my opinion, there's no way to go around this. We're not talking about any other
motel. We're talking about certain motels and their -- and their lobbyists are right
sitting here. We know what we're talking about.
Commissioner Reyes: Listen and -- don't -- don 't -- don't mention lobbyist because 1
am sick and tired that people say, oh, they're lobbyists put on pressure --
Commissioner Diaz de la Portilla: No -- no -- no -- no, no. I never said. I'm going
to say this, and the State Attorney's Office is not here.
Commissioner Reyes: I mean, --
Commissioner Diaz de la Portilla: That we have -- that what happened in Hialeah
and in their City Council, the same language from one -hour to three hours service.
I'm not saying you did that. I'm saying you're modeling after and it's true that I
spoke to the -- our City Attorney and she said, "You see that was -- that was
recommended by the State Attorney."
Commissioner Reyes: It was.
Commissioner Diaz de la Portilla: And that's all true.
Commissioner Reyes: That's true.
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Commissioner Diaz de la Fonda- But -- hut it's just coincidental that the one hour
over there, was the one -- the three hour they did -- did in Hialeah, is the three-hour
thing that we're doing here today. So, what's the objection to six hours?
Commissioner Reyes: No. I mean, I'm -- what I want to -- let me tell you this --
Commissioner Diaz de la Portilla: All those motels you got on your list,
Commissioner --
Commissioner Reyes: Hold on a second and -- and --
Commissioner Diaz de la Portilla: -- they will all tomorrow morning, we'll change
your business model. Because this is not the business model. Everybody knows what
this -- what's happening here.
Commissioner Reyes: Three hours and four hours will change the business model
also. And five hours too.
Commissioner Diaz de la Portilla: No, it doesn 't.
Commissioner Reyes: Hold on. You going to let me speak?
Commissioner Diaz de la Portilla: Yes, sir.
Commissioner Reyes: Okay. I do like to go around and around -- you're not in
Tallahassee.
Commissioner Diaz de la Portilla: I'm very precise.
Commissioner Reyes: You are not in Tallahassee.
Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). 1 get to the point.
Commissioner Reyes: Mr. -- let me ask you something.
Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) going on and on.
Commissioner Reyes: Chief let me ask you something. What is your take? How --
does the number of hours three hours, four hours curtail --
Commissioner Diaz de la Portilla: One hour.
Commissioner Reyes: -- curtail the -- the -- the crime rate, the -- curtail the
prostitution in the area? I mean, I want to know what -- what do you think of this?
Manny Morales: Good afternoon, everybody. Manny Morales, Assistant Chief of
Police. I think the two main factors are location and price point.
Commissioner Reyes: Right. That's right.
Mr. Morales: And not going into anybody's business model, right? But if you make
it mandatory for the whole day, they will always find a way to circumvent. I think
that where the big teeth is in here, and the police departments most interested in is
the safety measures. Being able to have camera footage saved for entry and exits,
having the ability to register with an ID card, collecting the tags that are coining in,
and the requirement to have either a security guard or an off -duty to a certain extent
that already some of the hotels or motels that are on 8th Street have called the police
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department to inquire what will be the cost to hire enough duty officer to have them
there. I think those would be the greatest indicators that we have an impact on the
reduction of crime and the use of this motel for illegal activities. They will always
find a way. I mean, if you rent it for a day and they lower the price point, they'll go -
- they'll use it for the -- what they have to, they'll check out and the next person will
come and they'll -- they'll clean the room and rent it again. So, I -- I just don't know
if we 're -- we're, kind of looking at the same thing and trying to have the same
impact, just looking it from two different lenses. But for the police department is that
information and that intelligence gathering that will aid us in fighting those types of
crimes.
Commissioner Diaz de la Portilla: Good. May I now?
Vice Chair Russell: You are recognized.
Commissioner Diaz de la Portilla: Chief.
Mr. Morales: Yes, sir.
Commissioner Diaz de la Portilla: How long have you been a police officer in
Miami?
Mr. Morales: 27 going on 28.
Commissioner Diaz de la Portilla: How long, of those 28 years or 27 years you've
been here, have you known that these motels from 37th Avenue to 45th Avenue, to
57th Avenue, are centers of prostitution and sex trafficking?
Mr. Morales: They -- there is --
Commissioner Diaz de la Portilla: How long have you known that?
Mr. Morales: There is a historical evidence that they have been used for all sorts of
crimes, whether it be --
Commissioner Reyes: Absolutely.
Mr. Morales: -- narcotics, whether it be prostitution. But it is the price point and the
location that I think is the greatest indicators. I mean, they could rent the room by
the hour, by the day, but if you're charging 25 bucks by the day --
Commissioner Diaz de la Portilla: But -- but we can 't regulate the price point. The
-- there are hotels that charge --
Mr. Morales: And -- and I'm not suggesting --
Commissioner Diaz de la Portilla: -- Travelodge, 29.99 or whatever it is, right?
Mr. Morales: Exactly.
Commissioner Diaz de la Portilla: But in the 27 years that you've been a police
officer here in Miami, you were almost a police chief right? You were one of the
last three guys, in that list, I hear.
Mr. Morales: You could say that.
Commissioner Diaz de la Portilla: Tom Brady, I know LeBron James.
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Mr. Morales: But I was in the army that told me almost only counts in horseshoes
and hand grenades.
Commissioner Diaz de la Portilla: But -- but -- but you know that this has been
going on here for decades. So, in your mind, because you've been seeing --
watching this and it's still there, in your mind if you were sitting where I'm sitting,
and we're sitting, what would you do?
Mr. Morales: 1 would imp -- I would implement a plan that is as comprehensive as 1
could that would give us the ability to fight crime by having that data and having
those barriers, those challenges that would prevent individuals that are using the
hotels for illicit affairs to do it.
Commissioner Diaz de la Portilla: Okay. So, let me ask you a question that -- and
your language Commissioner Reyes, the IDs required is a US -issued ID?
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: Is that the language that's in there? I mean, I
just want to make sure.
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: US issued identification?
Commissioner Reyes: Have you read -- have you read the —
Commissioner Diaz de la Portilla: I read them, but I didn't re -- I -- I -- I-- I didn't
read US -issued.
Commissioner Reyes: That's right. You should -- you ha -- must have an ID.
Commissioner Diaz de la Portilla: ID is not US -issued. An ID can be the -- the fake
ID.
Commissioner Reyes: No, no. Driver's, I -- I mean picture ID.
Mr. Morales: We would advocate for government ID.
Commissioner Reyes: Picture ID.
Commissioner Diaz de la Portilla: Government — government ID.
Commissioner Reyes: That's right.
Commissioner Diaz de la Portilla: It doesn't include passports, right? I think that
language isn't that --
Commissioner Reyes: Yeah. I mean, the picture ID, that -- that is a legal ID. But if
you are from some other place that you don't have a driver's license --
Commissioner Diaz de la Portilla: I think your language says that it has to have
date -- it has to have a -- an address on it, right? Is that -- the language, correct?
Mr. Min: Yeah. So, let me -- let me clam a couple of things.
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Commissioner Diaz de la Portilla: Yes.
Mr. Min: So, as far as the ID --
Commissioner Diaz de la Portilla: Right.
Mr. Min: -- it says, over the age of 18 with a government -issued photographic
identification --
Commissioner Diaz de la Portilla: Okay.
Mr. Min: -- that establishes name, age, and address of the person registered.
Commissioner Diaz de la Portilla: Right. So, age and address is not included --
address is not included on the passport. So, just so you -- that's -- that's -- that's an
important element to this.
Commissioner Reyes: What do you want to include a passport, if I may know?
Commissioner Diaz de la Portilla: The -- the -- well, I want to -- I want to include as
many identifying documents we can find to --
Commissioner Carollo: US passport are illegal with photograph.
Commissioner Diaz de la Portilla: To -- to -- to help -- to help -- to help us identify
any criminal -- any criminal behavior or a criminal activity or who the criminals
are.
Commissioner Reyes: If you come -- if you come driving the (UNINTELLIGIBLE) --
the tag number --
Commissioner Diaz de la Portilla: Yeah. The -- the -- the footage on the cameras --
CCTV (Closed Circuit Television) camera, do they have to retain that footage for a
period of time?
Commissioner Reyes: Thirty days.
Commissioner Diaz de la Portilla: How many days?
Mr. Morales: A minimum of -- a minimum of 30 days I believe.
Commissioner Reyes: Thirty days.
Commissioner Diaz de la Portilla: Thirty days. Is that -- is that enough, for you guys
to -- to have it or you need 60 days or is that okay?
Mr. Morales: Thirty days should give us enough time —
Commissioner Diaz de la Portilla: Okay.
Mr. Morales: -- but if a crime is reported, it will give us some time to go back and --
and —
Commissioner Diaz de la Portilla: So, as —
Mr. Morales: -- get that done.
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Commissioner Diaz de la Portilla: As a 20-year -- 20 -- 28-year-longpolice officer
here in Miami, for 28 long years, you think that this legislation will solve this
problem? And when we come back as Carollo -- Commissioner Carollo suggested,
in six -- in six months, or in January, whenever he said, that you would have
eradicated this problem. Or you would have gone a long way in solving this issue?
That those motels that I have been seeing since I was a kid driving by, they will not
be there anymore?
Mr. Morales: I think you set a bold benchmark by saying eradicating them.
Commissioner Diaz de la Portilla: Well, that's why I changed it. We have made a
dent -- we have made a dent.
Mr. Morales: This is -- this is definitely going to go a long way in helping us once --
Commissioner Diaz de la Portilla: I hope so.
Mr. Morales: -- it is fully implemented. So, I know it's going to take a little bit of
time for them to -- to be able to establish the -- the CCTV. But once we have the
requirements in place, it's going to make a difference -- a measurable difference.
Commissioner Diaz de la Portilla: Okay. And Commissioner Reyes, if it doesn't
will you come back, and we will address it --
Commissioner Reyes: Absolutely. I mean -- I mean, I'm not sold in a 3, 4, 5, 6
hours. What I'm -- what I'm -- what I want to do is, we have a problem, we have a
crime problem. I got their input. I got the State Attorney's input. They are the ones
that -- I mean, we all -- I didn't pick the -- the time, it was the State Attorney that
recommended. What I want to do is let's give it a chance. I mean, what we want to
do is, not to get rid of any businesses, but curtail crime, prostitution, and human
trafficking. That's -- that's what -- that's what -- this is the intent. Now, if it doesn't
work, we come hack and we retool it again. Because this is the beginning. This is --
and -- and whatever -- whatever it takes, we will do it, but we will do it with -- not
because I or anybody else that it -- is not faced with the problem daily, like they are,
you see? Somebody -- some experts will come and say, "Now, we need this added to
it. "And I'm willing to go as far as you want, maybe 15 minutes, I mean, I don't care,
okay? You see? But let's -- let start. This is a great start, in my opinion, and if it -
- if -- if -- if -- if the police department -- if the State Attorney -- because they are
very much into -- they are partners with us -- they are partnered with us. If they
come and they say let's -- we need additional constraints, let's go.
Commissioner Diaz de la Portilla: Good. I agree.
Vice Chair Russell: Commissioner Reyes --
Commissioner Diaz de la Portilla: The -- the only thing that concerns me,
Commissioner, at the end of the day, this will be my last comment, is that, why
haven't they come to us before? Why hasn't the State Attorney come to us before?
Why hasn't anyone proposed this before? It's been going on for decades. This is my
concern, why haven't they come to us before?
Commissioner Reyes: No, because -- because she didn't come to us. And I'm -- I'm
the one to -- because I know that they, for example -- for example, the other day we
have an operation in -- in one of those hotels where the police department and the
human traffic division, they were working in -- I mean, together. But we never had --
we never had the -- I think that nobody took the initiative. In that aspect, I thank you
because you are the one that triggered, you see, that we want to do something. And -
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- and -- and when you talked about human trafficking, 1 knew that the State Attorney,
they have a division. 1 said but why not work together?
Commissioner Diaz de la Portilla: I agree.
Commissioner Reyes: Okay. And that is -- probably that is why. But now that we're
working together, now we have -- the avenues are open, the communications are
open. If they need any additional -- additional restrictions, let's go for it.
Commissioner Diaz de la Portilla: Okay. Thank you, Commissioner.
Commissioner Reyes: Okay.
Vice Chair Russell: Is -- is there a second to Commissioner Reyes' motion?
Commissioner Diaz de la Portilla: I'll -- I'll second.
Mr. Min: Mr. Chair, can I clarify one thing that Chief Morales has stated. What I
heard him say is that once the prostitutes are done, then the next person will come
and use the room. As drafted it states that not only is it a minimum of three hours,
but the room is no longer available during that three-hour period. So, it cannot be
re -rented or re -used by another prostitute during that period.
Commissioner Diaz de la Portilla: That makes sense absolutely. Yeah. I like that.
Commissioner Carollo: How many hours are we finally putting in?
Commissioner Reyes: The same thing that is here, three hours. If we need more --
Commissioner Diaz de la Portilla: I find myself in the odd position of agreeing with
Commissioner Carollo, that I'd like the six hours, and what's the big deal?
Commissioner Reyes: I don't know, but, you know, six or five hours, four -- four or
.five hours, you see, there are other hotels, they are five hours that -- that are here
and I -- I don't want to do -- I mean, have an ordinance, any -- any law that could
affect -- that had, I mean, on consequences or unforeseen consequences that would
affect all the businesses, you see? And what 1 want to do is let's give it a try and if it
doesn't work, let's come back, okay?
Vice Chair Russell: And -- and just a question, how do you -- to enforce this do you
go back through their books and -- and, for example, if it's a three-hour, that means
they can turn it over eight times in a 24-hour period, correct?
Mr. Morales: Correct.
Vice Chair Russell: So, you go back through their books and see if that room has
been rented more than eight --
Commissioner Reyes: Yes.
Vice Chair Russell: -- times in a day and that would be a violation?
Mr. Morales: I would have to take a look at the specific language
(UNINTELLIGIBLE) that can be implemented.
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Commissioner Reyes: We -- we have -- we have to implement ourselves. And if it is
one hour, we need somebody to be checking, if it is four hours, we need somebody to
be checking.
Vice Chair Russell: Commissioner Reyes, I'll vote with you on first reading, but I
too I'm -- I'm -- I'm hoping for a longer period for less rentals per day because eight
turnovers for one room in a day is a lot.
Commissioner Carollo: That's why I thought six hour is fair --
Commissioner Diaz de la Portilla: Six hours is fine, yeah.
Commissioner Carollo: -- 'bur turnovers.
Commissioner Reyes: Let's say four hours -- four hours, let's say, that it will be six
times. If -- because your -- your -- your -- you think that -- that -- I don 't see lines in
those hotels, you know, they said -- I am --
Commissioner Diaz de la Portilla: I think -- I think your business -- I think your
business model is the same way as a restaurant. It's how quick -- how many tables
you turn over.
Commissioner Reyes: Okay. let's -- let's -- let's -- let's go -- let's go -- let's change
it to four hours and -- and give it a time.
Commissioner Diaz de la Portilla: Yeah.
Commissioner Reyes: Okay?
Vice Chair Russell: Does the seconder -- does the seconder accept the amendment?
Commissioner Diaz de la Portilla: Four hours for now and if it doesn't work, we
will take it --
Commissioner Reyes: If it doesn 't work -- we come back in January if it doesn't
work.
Vice Chair Russell: This doesn't implement the law; this is only first reading.
Commissioner Diaz de la Portilla: I know -- I know, but we -- but we can't have a
conversation amongst ourselves. So, we've got to have it now.
Vice Chair Russell: Oh, okay. 1 got it --
Commissioner Diaz de la Portilla: Yeah -- yeah -- and when we go to second
reading maybe -- maybe we'll take the six hours on the second reading, but I'll
accept it for now at four hours. And maybe will have a debate and maybe we get
there, I don't know. That's sort of why I wanted to defer it.
Commissioner Reyes: You know what -- you know what I would like to see,
sincerely? What I would like to see is this being implemented as fast as we can.
Because there is -- there is also -- it is a misconception here. And I know it because
I live very close to those motels and -- and to that area in 8th Street. I live in 53rd
Avenue, and I've lived there for the past 52 years, and I have seen everything that
happened. You also -- also you asked, I mean, the question that you asked the Chief
here, the same -- that same thing happened in Coral -- I mean, in Biscayne
Boulevard. We don't only need this, we need to use also the different tools that we
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have; nuisance abatement, code, and everything. That's what this is going to do, you
see? And that's what happened at Biscayne Boulevard. It was not only attack
because -- 1 mean, the prostitution didn't leave Biscayne Boulevard because there
was a limit of time. It is because the motels, they were cited because of Nuisance
Abatement, Code, and the police, I mean, there was a very active police presence.
Commissioner Diaz de la Portilla: And that's a very good point.
Commissioner Reyes: Okay, but let me finish. You see, many people believe, and
I've seen, and I heard even the Coral Gables mayor, that the biggest concern and the
biggest complaint that I have in my district, okay, in that area since I moved there is
that the prostitutes, they walk, I mean, 8th Street and -- but they don't go into a motel
when they find a customer. They go and they park in front of the neighbors and they
perform whatever they perform or they do what they do, their business there, and
then they leave, you see? Most of the times and -- and -- and -- and doing desi -- and
correct me if I'm wrong. Most of the times when we talk about human trafficking and
girls that they have been kidnapped, they are kept in the hotel 24 hours. It's not only
three hours. They are kept in the hotel for 24 hours. There are johns that they come,
and they rent a room for the whole day, and they just give the key to the prostitute,
you see? I think that the most important part about this piece of legislation is the
additional information -- additional information that the police department and the
State Attorney, I mean, the authorities are going to have. And at the same time -- at
the same time that if we incorporate, in our part, you see, Code, Nuisance
Abatement, and our police department, I mean, patrolling, we're not going to see
those prostitutes anymore. But as a matter of fact, let me tell you. That -- and I
congratulate my commanders and your department, sir, they -- very seldom you see a
girl there. And when I see one and you call, they pick them up immediately, you see.
But the biggest complaint that the residents have, it is not the ones that go into a
motel. Because most of those girls that are there, they don't go to a motel because
they have picked, and if you picked -- they picked and you tell the guy, listen, it's
going to cost you so much plus so much for the hotel, the guy is going to drive away,
you see? And correct me if I'm wrong, Chief most of the -- of the human trafficking,
and those girls who are being kidnapped, they are not in a -- in a two-hour or three-
hour rentals, they are in a whole day rental, even in weeks.
Mr. Morales: From our investigative experience, they're mostly call -ins from those
back pages or --
Commissioner Reyes: You see?
Mr. Morales: -- (UNINTELLIGIBLE). And if I could, just to -- to set everybody's
mind like you said, if -- during our inspections, we can modify our operational
strategy. So, if we see that there's a particular operator that is turning the room
over so frequently and is being utilized, we'll give it enhanced attention and make
sure that they're not using it for illegal activities. So, we can modify while we're
finding these -- these operators that are not being forthcoming with what they're
doing or the model that they're using, and we can bring enhanced attention to those
guys. And that's how we start ,focusing in on who the individuals that are
contributing to the criminal causes and -- and it will give us a vantage point of
where we begin to look out. So, we might be able to use that to our advantage.
Vice Chair Russell: Thank you. Is that the only amendment, the hourly or is -- was
there other amendments preferred.
Commissioner Reyes: That was the only one.
Vice Chair Russell: Okay. So, currently, there's one amendment, can you get to --
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Commissioner Carollo: No -- no, there was a second one that 1 had mentioned, and
that was bringing it back in January --
Commissioner Reyes: Okay, yeah, yeah, yeah.
Commissioner Carollo: -- with our Police Chief and the Police Chief of Coral
Gables to be invited to present us how they feel this has worked out --
Commissioner Reyes: If it had worked.
Commissioner Carollo: -- up to that point.
Commissioner Reyes: If it had worked.
Vice Chair Russell: So, second reading would be the first meeting in January. Is
that amendable to the --
Commissioner Diaz de la Portilla: No -- no -- no, second reading is next -- next
Commission meeting. The amendments were meant to come back in a report.
Vice Chair Russell: Okay. I misunderstood, okay.
Commissioner Reyes: We have to amend it --
Vice Chair Russell: Second -- second reading would come back July 22.
Commissioner Diaz de la Portilla: July 22, yes.
Commissioner Carollo: Unless the City Attorney feels that we could pass it today in
a second reading in an emergency ordinance.
Commissioner Reves: And we implement it tomorrow.
Mr. Min: If there's a finding that this is an emergency, you can. But my suggestion
is this come back for a second reading, July -- July 22nd. We can amend the end of
the ordinance --
Vice Chair Russell: Subject to challenge.
Mr. Min: -- include a requirement that the Administration, along with Coral Gables
and whoever is to come back with the report in July -- January as --
Commissioner Reves: Okay.
Mr. Min: -- requested by Commissioner Carollo.
Vice Chair Russell: Got it. Mover and secondary agrees to both amendments.
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: Yes, sir.
Vice Chair Russell: Thank you. Any further discussion? All in favor, say "aye."
Mr. Hannon: Chair, Chair.
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Vice Chair Russell: I'm sorry.
Commissioner Diaz de la Portilla: We -- we did end up with four hours, correct?
Commissioner Reyes: Yes.
Commissioner Diaz de la Portilla: Okay. Just to make sure we're -- we're clear.
Okay.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Mr. Min: As amended.
Vice Chair Russell: All in favor, "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes.
Commissioner Watson: Aye. You got me, right?
Vice Chair Russell: Motion passes as amended, coming back on July 22 for second
reading.
Commissioner Reyes: Fellow Commissioners, what I want is to be a blueprint of
things that we can change, and we cannot.
END OF FIRST READING ORDINANCES
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BU.1
8137
Office of
Management and
Budget
BU - BUDGET
DISCUSSION ITEM
MONTHLY REPORT
I SECTION 2-497 OF THE CITY CODE OF ORDINANCES
(RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND
BUDGET)
II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT)
III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)
RESULT: DISCUSSED
Vice Chair Russell: Status of current fiscal year 2021/22, proposed budget, please.
Current and proposed budgets. After that we have one discussion item and we're --
Fernando Casamayor: Good evening, Commissioners. Fernando Casainayor,
Assistant City Manager and CFO (Chief Financial Officer). This is a -- the update
that was scheduled to be done at the previous Commission meeting. So, this is
reflecting the end of the month of May. Our current projections at that time were a
$32 million deficit overall. But zeroing out the $45 million transfer from the
building fund that we've discussed on numerous times, it looks like we're trending
towards a surplus of $16.3 million. Our revenues are still lower than budgeted by
approximately $59 million. However, our expenses are also lower than budgeted,
which is why we have a surplus. Our first budget iteni was taken care of earlier
today, which is setting the solid waste fee. Next Commission meeting, you will be
setting a millage rate and then coming -- and then we will have a budget released,
hopefully also next week before the next Commission meeting. Our proposed budget
should be out on July 11 th. After that, we go to September for our budget meetings.
And again, these numbers don't reflect the changes that were made in the mid year
at the last Commission meeting. So, hopefully, the next budget update will have all
of those numbers included. And as we get closer to the end of the year, we'll
certainly get closer to whatever our projected surplus or deficit is going to be. With
that, I'll take any questions you may have.
Vice Chair Russell: Thank you. Any questions for the Budget Manager? Mr.
Manager, you and I had spoken a while back about the inconsistencies within the
way we 're handling NET (Neighborhood Enhancement Team). Did you come up
with any proposals for how to bring it more uniform?
Arthur Noriega (City Manager): Yeah. We've been socializing in that with your
staff and with the District 5 staff We actually have a follow-up meeting scheduled
with the District 5 as well to work on some ideas and suggestions to, you know, even
the plans out. I don't have an update for you because I haven't finalized that yet, but
we're working on it.
Vice Chair Russell: Thank you. Because as we get to budget season --
Mr. Noriega: Yeah, we are working on it. And we have some estimates proposed in
the budget fbr the new budget, but they're going to be contingent on a final plan.
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Vice Chair Russell: Thank you. 1 look forward to that. All right. We have one --
we'll close that item unless anyone else has any other questions? Okay.
END OF BUDGET
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DI - DISCUSSION ITEMS
DI.1 DISCUSSION ITEM
9171
Commissioners
and Mayor
A DISCUSSION REGARDING THE RECONSIDERATION OF THE
MOTORIZED SCOOTER PROGRAM.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Carollo, Reyes, Watson
ABSENT: Diaz de la Portilla
Note for the Record: Item DL1 was deferred to the July 22, 2021, City Commission
Meeting.
Note for the Record: For minutes referencing Item DL1, please see "Order of the
Day."
DI.2 DISCUSSION ITEM
9103
Commissioners
and Mayor
A DISCUSSION ITEM REGARDING THE ACCEPTANCE AND
ALLOCATION OF FUNDS BEING RECEIVED FROM THE
AMERICAN RESCUE PLAN ACT.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Carollo, Reyes, Watson
ABSENT: Diaz de la Portilla
Note for the Record: For minutes referencing Item DL2, please see "Order of the
Day.
J1
DI.3 DISCUSSION ITEM
9251 A DISCUSSION REGARDING CODE CONCERNS.
Commissioners
and Mayor
RESULT: DISCUSSED
Vice Chair Russell: P1.3 was the reso that we passed on Vizcaya. PI.4 is one that's
been passed out by Commissioner Carollo. Would you like to introduce it?
Commissioner Carollo: We're talking about the pocket item that 1 have.
Vice Chair Russell: Yes.
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Commissioner Carollo: Yes. Give me one second here.
Barnaby Min (Deputy City Attorney): 1 think it's related to D1.3.
Commissioner Carollo: That was passed out, Here is the reason that I'm bringing
this pocket item up.
Commissioner Diaz de la Portilla: I'll move that.
Commissioner Carollo: Thank you. I appreciate it.
Commissioner Watson: Second.
Commissioner Reyes: I would second it.
Commissioner Carollo: When this Commission passes legislation up here, we expect
the Administration to follow through. I mean, we just don't create resolutions up
here, ordinances for the sake of it and then not care if nothing is done with them. Let
me go through a series of code enforcement legislation that has been passed in the
past. This is a resolution of the Miami City Commission directing the City
Administration to automatically send to the Code Enforcement Board or special
master if it has not done so already, properties that have received three or more
code enforcement ticket citations for the same violation of the code of the City of
Miami, Florida as amended within a one-year period. This was passed July 29th,
2016, before four of us were sitting up here. And this is not being enforced at all.
Let me give you another one. This is November 15, 2018. This is an ordinance of
the Miami City Commission amending Chapter 35, Article IX of the Code of the City
of Miami, Florida as amended, titled, `Motor Vehicles and Traffic Valet Parking,"
more particularly, by amending Section 35-312 of the City Code, `Departmental
Denial, Revocation or Suspension of Permanent Removal of Equipment or Personal
Property of the Permittee, Operator, and Storage Fees," to provide for the
establishment of additional penalties upon finding of guilt by the Code Enforcement
Board for failure to properly pay and/or report fees for valet parking or operational
fees for parking facilities surcharge, or failure to submit accurate records and
failure to allow examination of records or otherwise, fully comply with the
regulations pursuant to the City of Miami, valet parking -- parking ordinance, et
cetera, et cetera. This came about because we found that they were valet operators,
they were cheating the city in tens of thousands of dollars. Serious monies were
stolen in essence from the City of Miami. I don't know what we're doing to follow
through to make sure that valet operators across the city are corning through and
paying. I got very few in my district. So, this needs to be looked at. I don't think it
is. Here's one, March 14, 2019, a resolution of the Miami City Commission
directing the City Manager to establish a policy regarding commercial and other
non-commercial properties that allows property owners a reasonable time to comply
with any code violations pursuant to Chapter 162 Florida Statutes, not to exceed 30
days; further directing the City Manager to establish a policy for commercial and
other non-residential properties, repeat violator and/or subsidiary thereof that
requires properties that have not been brought into compliance with the original
time allowed to appear at the next available board hearing; B, required properties
within three violations within five-year period to be referred directly to the board;
and C, disallowed -- disallowing additional extensions of time without prior board
approval. I know that in numerous cases, this is not being followed. And I don't
know if' any of' you have received any plan by the Manager on this, but I certainly
haven't. I don't know if anyone has because I don't think this ever was implemented.
This is on March 14, 2019. Obviously, Mr. Noriega was not here as manager. We
had Colonel Gonzalez that was the manager, and he didn't listen to this. He didn't
care about it. And this is a prime example of what's going on. October 24, 2019, a
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resolution of the Miami City Commission directing the City Manager to implement a
program to monitor repeat violations as defined in Chapter 2, Article X, Section 2-
811 of the Code of the City of Miami, Florida as amended City Code, and expedited
repeat violation cases to be heard before the Code Enforcement Board for enhanced
penalties pursuant to Section 162-09 Florida Statutes for the further urging -- urging
the Code Enforcement Board to order repeat violations to be placed within the
monitoring program implemented by the City Manager and upon a subsequent
finding of guilt, and to impose any and all enhanced penalties allowed under the law,
including, but not limited to costs and administrative fees incurred by the City of
Miami, providing for an immediate effective date. Again, numerous violations.
Nothing has been done. I haven't received any plan at all from management. And 1
don't believe any of us have either. These are newer ones. This is on May 13, 2021,
a couple of months ago, a resolution of the Miami City Commission recommending
the City Manager to 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 the other days of the
week should be added for evening shifts. I haven't heard anything on this, butt will
tell you that what I have observed on weekend days since this was passed
approximately, two months ago, there's nothing extra out in the streets. We have a
skeleton -- skeleton staff that covers the whole city. In my district, to find a police
officer patrolling is extreme difficult in the night hours on weekends, which is why it
concerns me that we have frozen so many positions. This is another one from May
13, 2020. It's 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 code sections which you're not allowed for issuance of building
permits to any non -homestead property that has outstanding code compliance
violation, 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 90 days. We're going now
in close to 60 days. I haven't heard anything. I'm not seeing anything that has
moved on this resolution. And what I'm seeing is that we have some of the worst
habitual -- habitual rather, offenders out there that are laughing in our faces. They
violate our code. They don't care. They laugh. They think they could do whatever
they please. Now, the elected officials are passing the laws and regulations to help
the City better enforce our laws and be able to deal with these kind of habitual
offenders, but the Administration is not acting. So, therefore -- and by the way,
everything that we're discussing here has to do with non -homestead properties that
are not residential. So, this is a resolution of the Miami City Commission directing -
- and this is the one now that's a pocket item -- directing the City Manager to report
to the City Commission within 15 days the status on code enforcement. Now, how
many days is there between now and the next meeting? See ifI need to change this,
14? Okay. Well, then I will change that to 14 days.
Barnaby Min (Deputy City Attorney): Next City Commission meeting or next
(UNINTELLIGIBLE) ?
Commissioner Carollo: Clark that it'll be for the next Commission meeting in July
on the 22nd.
Natasha Colebrook -Williams (Assistant City Manager): Commissioner
Commissioner, if I may.
Commissioner Carollo: Yes.
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Ms. Colebrook -Williams: Natasha, Assistant City Manager, we will provide a report
by next Friday, the 15th.
Commissioner Carollo: Well, I still want to get this passed because this -- this is
becoming serious in all our districts.
Ms. Colebrook -Williams: I understand, sir.
Commissioner Carollo: You know, most of our property owners, commercial
buildings, they -- you know, might make mistakes, and may want to get away with
something once in awhile, but once they're caught, they're dealt with, they comply.
But we have some that are habitual offenders. That is time and time and time again
and this has got to stop. You know, we're a city of laws that all have to follow. So,
again, a resolution of the Miami City Commission directing the City Manager to
report to the City Commission by the next City Commission meeting, July 22nd, the
status on code enforcement legislation adopted by the Commission as it pertains to
Resolution R-16-0372, adopted on July 29, 2016, directing the City Administration
to automatically send all properties that have received three or more of the same
violations within the same year to the Code Enforcement Board or special master.
Ordinance Number 13809, adopted on November 15, 2018, regarding violations of
valet parking and parking surcharge requirements pursuant to Section 35-312 of the
Code of the City of Miami, Florida as amended City Code. Resolution Number R-
19-0112, adopted on March 14, 2019, establishing tirneframes for commercial and
non-residential properties to be set jrohearing. Following a notice of violation,
Resolution Number R-19-0421, adopted on October 24, 2019, directing the City
Manager to implement a program to monitor repeat violators and expedite hearings
for those violators and provide for continuing monitoring and for enhanced penalties
as allowed. Resolution Number R-21-0189, adopted on May 13, 2021, directing the
City Manager to set up a review system to better enforce existing City Code sections
pertaining to not issue building permits when there're outstanding violations, liens,
invoices, or other monies owed to the City. And Resolution Number R-21-0190,
adopted on May 13, 2021, which recommended the City Manager to determine
sufficient building and code compliance staff for night and weekend shifts and to add
a Sunday overnight, further -- further subjecting the City Manager to discipline,
should there be a failure to carry out the ordinance and directives. When a city
commission, a city body, that the only power that we have here is to legislate and
establish ordinances and resolutions, makes them to give you the tools to protect our
residents, and they're not being filed or ignored, either out of incompetence, not
wanting to, this is totally unacceptable, and this can't go on anymore. So, I will
make this motion. Well, actually --
Vice Chair Russell: Made.
Commissioner Carollo: -- it was made and seconded, and I'm making it for the
reasons that I've explained here today.
Vice Chair Russell: And there are amendments. Ain I correct?
Commissioner Carollo: Well, this is a --
Vice Chair Russell: Something about the days.
Commissioner Carollo: Well, the -- the only amendment on this motion is the date. I
had within 15 days, now is 14, which will be on the 22nd ofJuly.
Vice Chair Russell: Mover and seconder accepts?
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Commissioner Reyes: Yes.
Vice Chair Russell: That's Commissioner Diaz de la Portilla as the mover, and I
believe Commissioner Reyes was the seconder. All right. So, we have a motion, a
second is there -- I'd like to open for public comment if there's anyone here who
would like to speak on this item. Ace, would you like to speak on this item?
Asael Marrero (Director, Building): Good afternoon, Commissioners. I would just
like to provide an update related to this particular item on actions that are being
taken to flag projects that are -- have active violations from fire, from solid waste,
from code and from building, so that they're not even -- so they will be prevented to
apply for a building permit. They're going to be given a copy of all of those
violations, and it will be required for all of them to be cured before they are able to
proceed in the application process, unless the application, it's -- the -- the actual
violation itself needs to be cured through a construction process such as those
related to the Unsafe Structures Department. All other ones will be stopped in the
intake process and will be given a copy of all of those violations so that they can
cure those prior to proceedings. So, that's in the works. I expect that to be done and
deployed in the next three to four weeks. I also want to give an update on the night
and weekend shift. We have four positions that have been identified in our proposed
budget that will be dedicated for that. In the meantime, we have staff that are
rotating in order to be able to do that work, but the intent is to add four additional
staff fbr that shift. Thank you.
Commissioner Carollo: Well, we -- I thank you for that information, but I -- I
understand that part of the problem that we have are certain union contracts that we
hope that will be resolved right this month. Whereas they won 't demand from us that
we can't shift people into weekend hours. I think a lot of that has been worked out
already so that we could get a contract that will have new provisions that we're
allowed to move people around within certain guidelines. But beyond that, I'm glad
you've taken the steps of hiring additional people because you are going to need
additional people. In particular, inspectors, you know, code inspectors. We have a
good number of them. But code inspectors don 't need or require the specialty that a
building inspector does. For instance, when you send them out on graffiti, on, you
know, overgrown lots, et cetera, that's quick and easy unlike a building inspector,
that would require a lot more time and more serious violations. I don't think you
have anywhere near the amount of building inspectors that you need. And I'm just
looking at the numbers that you have compared to code. So, I think that's another
area that this city has to invest in. We have to put sufficient building inspectors with
the training so that we could implement all these things that we need to do in the
city. Thank you.
Vice Chair Russell: Thank you. Is there anyone here to speak public comment on
PI.4? Hello.
Brenda Betancourt: Good afternoon. Brenda Betancourt 1436 Southwest 6th Street.
I'm just concerned, are we going to be pushing the code enforcement to actually get
it fixed? Are we going to help those businesses they still struggle to get a permit?
Are we going to do code enforcement just to have more fines or actually the City is
going to be a little bit more proactive? And if we put a fine in a person or a
property, the City is going to be assisting as well to help those businesses because
sometimes is not just about to put a fine. Code enforcement is to keep the City clean.
And we need to clean our city. No matter what part of the City. We still struggle
with drainage problems; we still struggle with the garbage that they dump from
other parts of the county. So, code enforcement has to be done in the right way to
help the City to be better. But in the same time, if those businesses need help, or
those homeowners need help, is any way the City is thinking how to help to get it
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done, or it's just only about putting fines? That's my question to you guys. Thank
you.
Commissioner Carollo: Thank you, Brenda. But I don 't think you were hearing
what I was saying. First of all, none of these resolutions or ordinances have to do
with homestead properties, residential properties that people own. We're talking
about the habitual offenders and putting code enforcement back in to make sure, like
I said, that small businesses know that they have to also comply, but not necessarily
do what you might suggest or think that this is just to close down people for the sake
of closing them down. It's obvious if you have a business that has some deficiencies
and they haven't had any problems before, that you cannot treat that business in the
same fashion as someone that has had problem after problem after problem, and
they have numerous properties and their whole business plan is to do everything they
can without permits. And -- and this is what we're talking about here. Those that
want to keep doing things in the way that things were being done before, not the way
that this city requires it, and particularly after Surfside, I mean, you're going to
suggest to me that business that, for instance, had spent maybe as much as three-
quarters of a million dollars in remodeling without permits. They didn't have fire
sprinklers. They even built a second floor without permits. And I could go on and
on and on fbr six years and that we need to take them by the hand and pat their little
head, oh, we're sorry that, you know, we finally sent Code Enforcement, Building
officials that do have eyes that are not going to be afraid to speak up and do their
job and what they're supposed to. And this is the problem that we're facing. I'm
going to give you one example since you live in Little Havana, and you live in the
area. You go by 7th Street just before you get to 16th Avenue. On the left-hand side
of 7th, okay, there are three gray buildings, okay? Well, I see you acknowledging
that you've seen it. Three gray buildings that were beautiful, nicely kept duplexes
where actual real people or real residents lived before the people that bought it
bought it. What they did in the midst of all this pandemic, they gutted all three
buildings inside so much so that in some of them they had to use steel beams to brace
the ceiling so it wouldn't cave in. Then the City caught them digging so that -- in
residential property that had not been changed in warrants or zoning or anything
other to make it commercial. They were digging three holes in each one to put
grease traps, and the grease traps were in sight, so they could make three separate
restaurants. And then they were digging through direct trenches to connect
waterlines. Everything inside these buildings were gutted. And our City of Miami
Code Department caught them some ten months back. Those buildings have been
left exactly as they were when the City caught them. Windows broken, doors open,
and this is how our neighborhoods are being destroyed by individuals like this that
don't care. And they've left it like that. They have the gall to leave it like that. Now,
if you were living in the duplex next door, how would you feel if this is what you have
next door to you? That's bringing down not only the value of your property
tremendously, but it's also bringing down your quality of life in a huge way. And 1
could give you so many more examples up and down. And I'm .frankly more than
frustrated, fed up that individuals like this think that could keep laughing at our city,
keep playing victim when they're not victims in any way, and keep abusing our
residents. You wouldn't do that. Miguel wouldn't do that. So, why should people
like this do this to our residents?
Vice Chair Russell: Thank you. Commissioner Reyes, you need to add to this
conversation?
Commissioner Reyes: No. The only thing that I want to add is that this refers to
habitual offenders'. That's what 1 -- and I not only -- we have habitual offenders not
only on businesses, we have in the residence also. I, for one, I was the victim of a
neighbor across the street from mine that converted the apart -- the house in a
rooming house. And the police was there almost every day. And they were big
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buddies drinking and all of that. And the Code came by, they opened up a case and
it was closed. They came by, opened up a case and was closed, you see? 1 had -- in
my neighborhood, 1 had people that they are renting their room -- their houses as
Airbnb when it is illegal. So, we need -- we need to enforce our code, and we need
code -- code inspectors. We need them. We need them if you want to live in a -- in a
city that the laws are respected and the quality of life of the residents are protected.
Well, we need for people to obey the laws. And you know very well, and I know even
in my district I've seen people that they -- (UNINTELLIGIBLE) an individual that
wanted to open up on a street. It said, I'm going to buy and -- and they bought a
school bus, old school bus and use that as a restaurant because food was given -- he
had a big yard, and then that was a restaurant -- made it a restaurant. I mean, we
have many people that they don't understand, or they don't want to understand, or
they want to do whatever they want to do. And I think that it's about time that we put
our foot down, you see? I believe that, yes, we have to have some compassion and
that people should be told you don't do this, but if you keep on doing it, you are
going to feel it. And that's it. It's very simple. That's the way I understand it. Am I
wrong or am I right, Commissioner Carollo? That's the way I understand this.
Commissioner Carollo: That's correct.
Commissioner Reyes: Absolutely.
Commissioner Carollo: And I'll be happy to share with you the photos inside these
duplex. How they looked and everything that I told you here. And more than I can
say to you, a whole folder that was sent to me of what our code people took in
pictures there.
Commissioner Reyes: Okay.
Vice Chair Russell: Thank you. Is there anyone else who would like to speak at this
item for public comment?
(COMMENTS MADE OFF THE RECORD)
Vice Chair Russell: You -- you've already spoken, unless the commissioner would
like to recognize the --
Commissioner Carollo: She can come up. No problem.
Vice Chair Russell: All right. You're recognized.
Ms. Betancourt: My concern is, for example, business that they are being target in a
specific way. Not the ones that repeat offenders we all need to get rid of all of them.
In all sense that complex that you talk about is a block from my house. I drive by
there every day, twice a day. Those people don 't need to be in there -- in our city.
But we have other people that actually we can help. But even to do a Certificate of
Use in the City of Miami, sometimes can be challenge.
Commissioner Carollo: I agree. And that's --
Ms. Betancourt: That's what Tin asking is like, if we're going to be implementing
the rules, if somebody that loves the rules is me because that way nobody can tell me
otherwise. If I see it in black and white, you have to follow it. But I'm talking about
those people that actually, somebody go and do graffiti, and they get a fine. Give
them a chance to correct it. There are some stuff that there's not actually maybe
confronting more people because we have all kinds of things all over the place and
maybe that's what -- that's -- I'm not talking about not to follow the -- I think it's the
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best. Why Coral Gables looks the way it looks? Because they do not give you a
break. If you don't cut the grass, the high, the low -- so I'm not saying that we do the
same way as Coral Gables, but yes, if those -- if they need it give them a little hand.
Commissioner Reyes: Brenda -- Brenda --
Ms. Betancourt: That's what I was asking. I'm not saying --
Commissioner Reyes: The way I understand it is you -- I mean, if you're given a
citation, you have to comply. But if you don't comply -- and the citation will give
you time to comply. If you don't comply within that time, then you have a fine to pay.
If you keep on doing it, the fine is going to be increased. That's the way it is. But
every time a citation is given for whatever violation, you have time to complain and
cure, you see?
Commissioner Watson: So, I guess my question is going to be, is it a state law that
precludes us from our fines? Because we just did something else that's not going to
help us. So, we made it where to -- for someone to report, it cannot be anonymous.
Well, but I mean, people are not going to report if they can't remain anonymous in
some instances.
Commissioner Carollo: Of course. And you know what's going to happen? Let me
tell you what will happen with that. And I agree with you. The senator and state rep
that sponsored that they know what they really were doing. Someone now calls,
what's their name --
Commissioner Watson: Right.
Commissioner Carollo: -- and they're going to harass them until there's no end.
And then if they have money, which a lot of these people do, they're going to turn
around like I've seen happen already in one case of my district, and they're going to
sue the individuals. And its a frivolous lawsuit only because people were standing
up for their rights, but the individual that reported doesn 't have the money to be
involved in that lawsuit. So, that's going to send chills to everybody else in the
neighborhood.
Commissioner Watson: And nobody say anything.
Commissioner Carollo: And nobody will report anything, and habitual offenders
will get away -- in their minds -- with whatever they want. So, it's going to be up to
our code people, it's going to be up to each of us in our district to have to be making
the reporting. And they could scream all they want targeting and it's unfair and
whatever they want to say. But the best example that I could give you is someone
that would have been operating for six years without permits after they spent maybe
three-quarters of a million -- a million dollars, no sprinklers, no permitting for
alcohol in the open space in the back, no, food in the back, no music permits. And to
this day, I don't understand how if the front, the roof the back, the side, the insides
everywhere was changed, that nobody saw anything.
Commissioner Watson: So, how much --
Commissioner Carollo: This is what's -- this is what's going on.
Commissioner Watson: But how much -- how much liberty do we have with regards
to dealing with the folks? I mean --
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Commissioner Carollo: Well, we do now. These -- all these resolutions gives the
tools, the ability to Building, Code, our Administration to protect their residents.
But, you know, we give them the tools. But, you know, we can't take the horse to
drink the water. If the Administration doesn't want to have Building, Code, others in
the City to go and be able to use the tools that we've given them, then the only thing
that we could do is what I've done now. Pass this resolution. And after this one, if
they're not going to take action, you know, I think we all know what the consequence
could be.
Vice Chair Russell: Thank you. Is there any further discussion on the item?
Closing public comment. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes as amended. Thank you very
much.
[Later...]
Vice Chair Russell: Discussion item regarding code concerns is the remaining item
on the agenda. Is there someone here who would like to discuss code concerns? I
believe that's --
Commissioner Watson: Code concerns?
Vice Chair Russell: It's DL3 will be the next code --
Mr. Noriega: I think that was handled as part of the resolution he passed.
Vice Chair Russell: All right. So, do you need us to withdraw that item, Mr. Clerk?
Mr. Hannon: No. We'll show it as discussed with the pocket item.
Vice Chair Russell: Okay, discussed. All right. Am I missing anything from the
agenda?
Commissioner Watson: On the issue of I guess, the Code and what Commissioner
spoke about before, if we are identing areas or identifying places or actions
should be taken, is that something we should notify and expect to be resolved in this
sort of short period of time or --
Mr. Noriega: So, if you notify our office in -- or the Code Enforcement Department
of any specific concerns you may have, we will give you a follow-up as it relates to
that item, whether we actually posted a, you know, violation when we go do an
inspection,, and then subsequently when the hearing is scheduled and what the result
Commissioner Watson: But I guess I didn't hear it still. How aggressive can we be
with people who do not want to follow the rules?
Mr. Noriega: As aggressive as you want to be.
Commissioner Watson: Okay.
Mr. Noriega: I mean, the philosophy was changed from Code Enforcement to Code
Compliance. I think we're kind of shifting back a little bit, especially on the
commercial side, not as much as the residential. I think we -- we're continuing to be
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somewhat flexible as it relates to, you know, residential properties. But from a
commercial perspective, 1 think we're -- we're leaning back towards a little bit of a
stronger, tougher enforcement policy.
Commissioner Watson: All right. I've contended my district is the dirtiest in the
city. I just -- I don 't know what the other person was doing before me, but -- and
we're missing people. I took a ride with the Director and we're missing people to
help out. And then there's people who don 't want to go into neighborhoods. And let
me just tell you, man, it's pretty bad. All right. Thank you.
DI.4 DISCUSSION ITEM
9305 A DISCUSSION REGARDING VIZCAYA METRORAIL STATION.
Commissioners
and Mayor
RESULT: DISCUSSED
Vice Chair Russell: Good afternoon. Back to order. We do have a quorum, but we
do not have the sponsor of our time certain for DI -- yes, we do. So, we have a time
certain for DI.4, if that's the item I recall. Commissioner Carollo, you have the
floor.
Commissioner Carollo: Thank you, Mr. Chairman. Mr. Chairman, this is a -- an
item that if there has ever been an item that this Commission could take a stand in
protecting a neighborhood as this one. We all know the area of the Roads, this
particular area of the Roads is by the Vizcaya Station, a beautiful area of mainly
residential homes and a few duplexes in the area. The County is planning on
destroying that neighborhood for the sole purpose of profit. We have very limited
information so far but the proposals that they have asked for and received are
proposals for hundreds of apartment units, along with an unknown amount of
commercial square footage. This area, unlike other areas along the Metrorail,
where the County has proposed projects such as this has one major difference. First
and foremost, it's inside a residential neighborhood. Secondly, you can't enter it
from US 1. There's only one way to come in and to come out and that's Coral Way,
turning right into the Roads and going straight up. It's been tough enough I think
for some of these residents, on the amount of bus traffic that they get already and
additional vehicular traffic that takes the Metrorail and parks their cars there. But
this is going to be a game changer all for the wrong reasons in this neighborhood.
People that have lived there all their lives, some others that moved there in the past
years to try to have a family, have their kids grow up in a nice neighborhood, now
are facing the dilemma that because of County actions, they're going to turn their
American Dream into an American nightmare. And I want for this body to hear from
the residents today. I want our law department to tell us up to the point that they can
what are some of the things we could do.
[Later...]
Vice Chair Russell: Yes.
Commissioner Watson: Mr. Chair; let me just give this to City Attorney because I
think that was a ass -backward process that the Planning Director described. There
has been a selection and the -- the -- their committees selected Terra and the
partnership of 13-Floor Investments plus Allen Group to redevelop that project,
right? So, there's been a selection made. 1 don't know when it becomes a project,
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but there's been a selection made. I just want to let them know that. So, the -- Mr.
Min -- here you go. You can hold that, Mr. City Attorney.
Vice Chair Russell: Commissioner, I'm not sure if it's a -- it's a -- it's a proper
selection and award. I think they're negotiating with both of those to see if there's a
synergy, but it has not been assigned to the two groups.
Commissioner Watson: I understand that. But for our process, what I know what
happens --
Vice Chair Russell: Agree.
Commissioner Watson: -- once somebody gets selected, they turn on the spickets,
and then it's hard now to change anything that's done. So, whatever she's going to
be able to do and bring back to us at least she'll know that that clock has already
started.
Vice Chair Russell: Yeah.
Commissioner Watson: Because I saw that about a month ago. So, that's all. All
right? Thank you.
Vice Chair Russell: Thank you. We've taken a vote on RE.4, which has passed.
END OF DISCUSSION ITEMS
City ofMiami
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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 ofMiami
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BC.2
8152
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
City ofMiami
Page 122 Printed on 01/21/2025
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Meeting Minutes July 8, 2021
BC.3
6672
Office of the City
Clerk
BC.4
9268
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 ofMiami
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BC.5
8803
Office of the City
Clerk
BC.6
9304
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 A CERTAIN
INDIVIDUAL AS A MEMBER OF THE CLIMATE RESILIENCE COMMITTEE FOR A
TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
RESULT: NO ACTION TAKEN
Commissioner Alex Diaz de la Portilla
City ofMiami
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Meeting Minutes July 8, 2021
BC.7
6958
Office of the City
Clerk
BC.8
9269
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 A CERTAIN
INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS
DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Brenda Betancourt
(Alternate Member)
ENACTMENT NUMBER: R-21-0292
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Jeffrey Watson, Commissioner
AYES: Russell, Carollo, Reyes, Watson
ABSENT: Diaz de la Portilla
Commission -At -Large
Vice Chair Russell: I'd like to take up boards and committees, please.
Commissioner Carollo: Which one?
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Meeting Minutes July 8, 2021
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8804
Office of the City
Clerk
Vice Chair Russell: Boards and committees. Appointments.
Vice Chair Carollo: Okay.
Nicole Ewan (Assistant City Clerk): Good evening, Chair and Commissioners.
BC.8, Code Enforcement Board. Commissioner Reyes will be appointing Brenda
Betancourt to the alternate at -large seat.
Commissioner Reyes: Moved.
Vice Chair Russell: Moved by Commissioner Reyes. Is there a second?
Commissioner Watson: Second.
Vice Chair Russell: Second by Commissioner Watson. All in favor, say "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE 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 ofMiami
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City Commission
Meeting Minutes July 8, 2021
BC.10
8534
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
City ofMiami
Page 127 Printed on 01/21/2025
City Commission
Meeting Minutes July 8, 2021
BC.11
9303
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE
APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
Gary Ressler
(Term Ending 8/31/2024)
Jarred Diamond
(Term Ending 8/31/2024)
Arva Suzanne Graham
Gibson
(Term Ending 8/31/2024)
NOMINATED BY:
DDA Board of Directors
DDA Board of Directors
DDA Board of Directors
Melissa Tapanes Llahues DDA Board of Directors
(Term Ending 8/31/2024)
ENACTMENT NUMBER: R-21-0293
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Russell, Carollo, Reyes, Watson
ABSENT: Diaz de la Portilla
Nicole Ewan (Assistant City Clerk): BC.11, Downtown Development Authority. The
DDA (Downtown Development Authority) is requesting confirmation of the following
members: Gary Ressler; Jared Diamond, Arva Suzanne Graham Gibson, and
Melissa Tapanes-Llahues.
Commissioner Reyes: Moved.
Vice Chair Russell: Is there a motion? Moved by Commissioner Reyes.
Commissioner Carollo: Second.
Vice Chair Russell: Second by Commissioner Carollo. All in favor say, "aye. "
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed?
Ms. Ewan: BC.20 --
Vice Chair Russell: Motion passes. Thank you.
Ms. Ewan: Thank you.
City ofMiami
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Meeting Minutes July 8, 2021
BC.12
5976
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD
FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
Commissioner Jeffrey Watson
IAFF
FOP
AFSCME 1907
AFSCME 871
City ofMiami
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City Commission
Meeting Minutes July 8, 2021
BC.13
8154
Office of the City
Clerk
BC.14
7963
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Alex Diaz de la Portilla
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
City ofMiami
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Meeting Minutes July 8, 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
Commission -At -Large
City ofMiami
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Meeting Minutes July 8, 2021
BC.16
8269
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY
INDIVIDUALS AS MEMBERS OF THE
COMPETITIVENESS FOR TERMS AS
APPOINTEES:
COMMISSION APPOINTING CERTAIN
MAYOR'S COUNCIL ON GLOBAL
DESIGNATED HEREIN.
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
Commission -At -Large
Commission -At -Large
City ofMiami
Page 132 Printed on 01/21/2025
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Meeting Minutes July 8, 2021
BC.17
8155
Office of the City
Clerk
BC.18
8805
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MIAMI COMPLETE COUNT COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS'
OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Alex Diaz de la Portilla
Commissioner Ken Russell
Commissioner Ken Russell
Commissioner Joe Carollo
City ofMiami
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Meeting Minutes July 8, 2021
BC.19
7261
Office of the City
Clerk
BC.20
9270
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:
RESULT: NO ACTION TAKEN
Commission -At -Large
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS
AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Ken Russell
Commissioner Manolo Reyes
Commissioner Jeffrey Watson
Commission -At -Large
Commission -At -Large
City of Miami
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Meeting Minutes July 8, 2021
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9132
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE
APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET
PARKING BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
James S. Cassel
(Unexpired term ending
November 15, 2023)
ENACTMENT NUMBER: R-21-0294
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Adopt
ADOPTED
Manolo Reyes, Commissioner
Ken Russell, Commissioner
Russell, Carollo, Reyes, Watson
Diaz de la Portilla
NOMINATED BY:
Off -Street Parking Board
(At -Large Appointment)
Nicole Ewan (Assistant City Clerk): BC.21, Off -Street Parking Board. The Off -
Street Parking Board is requesting confirmation of James S. Cassel to fill an
unexpired term, and for the record, an executed copy of the board's resolution as
being submitted into the record.
Commissioner Watson: Whose term expired?
Ms. Ewan: It's an unexpired term for a vacant seat for a member who previously
filled a seat but unexpectedly passed away. That's Stephen Nordstrom, so that
created a vacancy, and the board is requesting James Cassel to fill that unexpired
term.
Commissioner Reyes: Move it.
Vice Chair Russell: Moved by Commissioner Reyes, seconded by the Chair. All in
favor, say "aye."
Commissioner Watson: Question to the Chair. Apparently, I have an appointment
that he no longer work or live in the City. And is that -- is that -- is that -- does that
automatically create an opening?
Ms. Ewan: Which board is this for, Commissioner?
Commissioner Watson: Off Street Parking.
Ms. Ewan: We can -- I'll look into it and research it to see whether or not we can
bring it with a residency waiver. But Off Street Parking Board actually brings a
nomination to the City Commission. So, it's not a direct appointment by a city,
commissioner.
Commissioner Carollo: Well, you let me know how you got an appointment because
I want one too.
Commissioner Reyes: Yeah, me too.
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BC.22
3693
Office of the City
Clerk
Commissioner Watson: All right. Interesting.
Ms. Ewan: So, lean speak for -- with your office and get the information.
Commissioner Carollo: Whatever Noriega told you; he was fooling you. Don't
believe him.
Vice Chair Russell: Commissioner Watson, you're okay with this appointment?
Commissioner Watson: I'm fine.
Vice Chair Russell: All right. Moved by Commissioner Reyes, seconded by the
Chair. All in favor say, "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Joe Carollo
Commission -At -Large
Commission -At -Large
Commission -At -Large
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BC.23
5453
Office of the City
Clerk
BC.24
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: NOMINATED BY:
Lynn Lewis National Trust for Historic Preservation
Charles Weyman Virginia Key Beach Park Trust
ENACTMENT NUMBER: R-21-0295
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BC.25
8943
Office of the City
Clerk
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Ken Russell, Commissioner
AYES: Russell, Carollo, Reyes, Watson
ABSENT: Diaz de la Portilla
Nicole Ewan (Assistant City Clerk): And BC.24, Virginia Key Advisory Board. The
Virginia Key Beach Park Trust is requesting confirmation of Charles Weyman and
the National Trust for Historic Preservation is requesting confirmation of Lynn
Lewis.
Vice Chair Russell: Is there a motion, please? I'll passed the gavel to move it.
Commissioner Reyes: I'll move it.
Vice Chair Russell: Moved by Commissioner Reyes, seconded by the Chair.
Commissioner Reyes: Yes. I'll move it.
Vice Chair Russell: All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
Ms. Ewan: Thank you, Commissioners.
Vice Chair Russell: Thank you.
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
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PART B: PZ - PLANNING AND ZONING ITEM(S)
PZ.1 ORDINANCE First Reading
9104
Department of
Planning
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION FROM T4-L, "GENERAL URBAN ZONE —LIMITED,"
TO T5-O, "URBAN CENTER ZONE -OPEN," OF THE PROPERTY
LOCATED AT APPROXIMATELY 2000 NORTHWEST 3 AVENUE,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Jeffrey Watson, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item PZ.1, please see "Order of the
Day" and "Public Comments for allltem(s)."
Vice Chair Russell: I'd like to take the last action items before we go into the
discussion items. So, PZ.1, is there a motion on PZ.1?
Commissioner Diaz de la Portilla: So, moved.
Vice Chair Russell: Moved by Commissioner Diaz de la Portilla.
Commissioner Watson: Second.
Vice Chair Russell: Seconded by Commissioner Watson.
Commissioner Reyes: Hold on a second.
Commissioner Diaz de la Portilla: Sorry.
Vice Chair Russell.: This is the Rainbow.
Commissioner Diaz de la Portilla: Let Commissioner Watson move it.
Vice Chair Russell: Okay, moved by Commissioner Watson and seconded by
Commissioner Diaz de la Portilla.
Commissioner Reyes: I will second it, but there is a covenant.
Commissioner Diaz de la Portilla: I'll second.
Commissioner Reyes: There's a covenant that want to place as part of this and we
have -- and I think you, you see, I want you to proffer a covenant because we got at
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100 percent of the apartments are below -- 80 or below percent. And it makes me
happy that we are -- thank Commissioner Watson, you are really, really working
very hard to bring real affordable housing to your neighborhood and
congratulations. Thank you, sir.
Commissioner Watson: Thank you.
Vice Chair Russell: Commissioner, Reyes so I understand, is this a voluntary
covenant proffered by the Applicant?
Commissioner Reyes: It's a voluntary -- it's a voluntary. Do you see how
voluntarily it is?
Iris Escarra: If I may. If I may, Iris Escarra with offices at 333 Southeast 2nd
Avenue. We wanted to introduce into the record, there's actually a letter from the
Housing Trust Group that describes the program. I did want to make a point of
clarification. The covenant that's being proffered is only relative to Housing Trust
Group, but this is a Miami -Dade County property. So, we cannot covenant the land
on behalf of Miami -Dade County, but we will covenant as long as we're the
leaseholder that this is the intention and the program. They are getting federal
funding that actually regulates. There's going to be several covenants and
restrictions on this site because of the different variety of'funding sources that there
are. But as to the re -zoning, we're happy to put that into the record in accordance
with the letter that we've provided and will introduce into the record.
Vice Chair Russell: Thank you. Does the mover and seconder accept?
Commissioner Watson: Yes.
Commissioner Diaz de la Portilla: Yes, sir. Yes, sir.
Commissioner Reyes: That's right, hut 1 want to clan fy that the covenant is for the
property.
Ms. Escarra: It's on the property but as to the leasehold interests. I can't sign on
behalf of Miami -Dade County; I'm only a leasee.
Commissioner Reyes: I don't want anybody to come in and get the property and
change this.
Ms. Escarra: Well --
Vice Chair Russell: She can only speak for her client.
Ms. Escarra: I can only speakfor the client. I can't speakfor Miami -Dade County.
Commissioner Reyes: I really hope that we will -- we will not allow it.
Ms. Escarra: It's already got an affordable housing covenant today on it as it exists.
Commissioner Watson: Miami -- Miami -Dade County won't be able to do anything
different than -- we had -- we have what we need.
Commissioner Reyes: Okay -- okay.
Vice Chair Russell: Sure it's not an RTZ (Rapid Transit Zone)? All right. PZ.1, on
first reading, please read into the record.
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Commissioner Reyes: Move it.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Vice Chair Russell: All in favor say, "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes as amended.
Ms. Escarra: If I can ask the Commission for one indulgence. If second reading can
be on July 22nd, it was the original anticipated second reading for this item and it
got deferred until this meeting for first reading. So, if -- I just want to make sure that
the record is clear that second reading would be on July 22nd.
Vice Chair Russell: Commissioner Watson is nodding, Director is shaking.
Cesar Garcia -Pons (Director, Planning): Second reading has been noticed. So, it
can't be the next meeting.
Vice Chair Russell: It cannot be the next meeting?
Mr. Garcia -Pons: Cannot.
Commissioner Watson: It can't be in next meeting?
Mr. Garcia -Pons: It cannot be the July 22 meeting. That's already been noticed,
and this was a part of the notice.
Vice Chair Russell: So, there is no time to notice it, is what you're saying?
Commissioner Diaz de la Portilla: There's no time to notice it?
Vice Chair Russell: Ms. Escarra, you know the -- the calendar.
Ms. Escarra: Yeah. 1 didn't realize that the -- the newspaper ad, I guess, went out,
is that what you're saying?
Mr. Garcia -Pons: Yes, ma'am.
Vice Chair Russell: You're meaning -- meaning that it's already been noted -- this
item hasn 't been noticed, for second reading?
Mr. Garcia -Pons: Correct. This item has not been noticed for a second meeting
[sic].
Vice Chair Russell: And you say there is no time to notice it?
Mr. Garcia -Pons: Yes, sir.
Commissioner Watson: What's the time, 30 days?
Commissioner Reyes: How many days do you need to notice it?
Commissioner Diaz de la Portilla: Yeah.
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Mr. Garcia -Pons: I know in this case that they have gone out -- the mail notices
have gone out.
Commissioner Watson: But that's not the question.
Commissioner Diaz de la Portilla: That's not the question.
Commissioner Watson: The question is how many days is necessary for it to be
considered noticed.
Commissioner Reyes: That's right; that's the question.
Mr. Garcia -Pons: I'm -- I'm hearing from my Hearing Board staff that it cannot
happen. Let me get the exact numbers.
Commissioner Watson: Well, tell us what can.
Commissioner Diaz de la Portilla: Is there a rule? Is there a law? There ought to
be a law, right. How many days to notice them?
Vice Chair Russell: They've already been to the post office,
Commissioner Diaz de la Portilla: Is there a practice? Well, they can re -notice it. I
mean --
Mr. Garcia -Pons: Any (UNINTELLIGIBLE).
Commissioner Reyes: Let's ask --
Vice Chair Russell: Just a moment, I couldn't hear you, Mr. Director.
Commissioner Reyes: Mr. Chair, the -- the -- through the Chair. Cesar -- sir, does -
- it cannot be heard in July because it's going to be additional cost? Because I'm
pretty sure that Mrs. Escarra is willing to --
Ms. Escarra: My client would be willing to pay the notice.
Commissioner Reyes: They will be willing to pay the notice.
Ms. Escarra: To keep it on the July 22nd.
Vice Chair Russell: Because otherwise, it goes beyond the summer.
Ms. Escarra: Yeah, because what happens is we miss August.
Vice Chair Russell: Right.
Commissioner Diaz de la Portilla: Of course. What I want to know is why we can't
have an immediate answer to how many days it takes to notice something.
Commissioner Reyes: Well, that's a good question.
Commissioner Diaz de la Portilla: And that's kind of like something that should be
right off the top of your head, how many days.
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Ms. Mendez: Well, it depends. It depends on the item. It depends on how big the
property is, a few things. So, if we could just check with Hearing Boards, they --
they normally have the -- the items. The other problem is if it was noticed to a
particular date, we can 't now notice it for earlier.
Vice Chair Russell: No, that's not the case.
Commissioner Diaz de la Portilla: That's not the case.
Ms. Mendez: It just depends on what went out.
Vice Chair Russell: Madam City Attorney, this has not been noticed yet. The debate
is on whether or not there's enough time to notice it for the January --Jrothe July
22nd meeting.
Commissioner Diaz de la Portilla: Right. Because it can't be noticed when we just
passed it -- we haven't passed it yet.
Vice Chair Russell: Correct.
Mr. Garcia -Pons: So, the requirement is it's ten days before the meeting date, but
we actually then have to assemble and send it out, and we won't be able to do it for
the next meeting.
Vice Chair Russell: By July 12.
Commissioner Diaz de la Portilla: Okay, I don't understand.
Commissioner Watson: By what? Wait a minute.
(MULTIPLE PARTIES SPEAKING IN UNISON)
Commissioner Reyes: You can't do it tomorrow morning?
Vice Chair Russell: Just -- just a moment -- just a moment, everybody -- just a
moment. So, ten days before the meeting date, what has to happen? It has to be
mailed out? It has to be received? What does it --?
Mr. Garcia -Pons: They have to be mailed out.
Vice Chair Russell: Mailed out by July 12th?
Commissioner Watson: No. July loth.
Vice Chair Russell: Why? The meeting is on the 22nd.
Commissioner Watson: He said ten days before the meeting date.
Vice Chair Russell.: The meeting is on the 22nd.
Commissioner Watson: Right. So, eight to ten -- ten days would mean --
Vice Chair Russell: Ten business days or ten calendar days?
Commissioner Reyes: Can we mail it tomorrow?
Mr. Garcia -Pons: We don't have the information to do that.
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Commissioner Diaz de la Portilla: How about Saturday?
Commissioner Watson: I thought we just passed the information.
Commissioner Diaz de la Portilla: You think he's going to work Saturday?
Mr. Garcia -Pons: And your professional planning staff is saying that we can't do it
in time.
Commissioner Diaz de la Portilla: Well, that's because they've never done it fast.
That's the problem with government. That's the problem with government.
Mr. Garcia -Pons: Unfortunately, it's not true. They work very fast.
Commissioner Diaz de la Portilla: If there's a rule that says ten days, ten days is ten
days in any book. They're going to lose an entire month -and -a -half because they
can't come back until the very beginning of September. Why? I understand where
the huge obstacle is here. What's the difficult? Because we have difficulties -- the
City of Miami has difficulty noticing something like this quickly, then we have bigger
problems than we -- than we're talking about right now. If it says ten days, it's ten
days, right?
Mr. Garcia -Pons: We're telling -- I'm telling you that we will not be able to do it in
time. We don't -- our resources are not available to do it in time.
Vice Chair Russell: Well --
Mr. Garcia -Pons: The posting, the mailing, the advertising, it's already been done
for the next meeting and to do it all over again, we won't be able to do it in time.
Vice Chair Russell: What's the process?
Mr. Garcia -Pons: It would require noticing, mailing, and posting.
Commissioner Watson: Can't you notice a single item?
Mr. Garcia -Pons: We can, it's just a number -- it's the resources available to do so.
We'd have to get the mailings. We'd have to put them together. We'd have to send it
out.
Commissioner Diaz de la Portilla: How many mailings are we talking about?
That's what 1 do for a living -- that's what 1 do for a living.
Ms. Mendez: Is it the 500 feet mailings? Is that what we're talking about, and all
that that it takes to go into that?
Ms. Escarra: Yes.
Ms. Mendez: Yeah. Commissioners, that -- that is a tough thing to do. But they can
-- they can advise.
Vice Chair Russell: Is there a direction to get -- to make best efforts from -- from
this body?
Commissioner Diaz de la Portilla: I'll move that. Well, they're already telling --
they're telling us they're not going to do it even though they're --
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Vice Chair Russell: They say -- they're saying they don't have the resources to get it
done. It's not that it's impossible, it's not that it's illegal.
Commissioner Diaz de la Portilla: Mr. Manager, it's legal. I know it's legal. He
already told us. Mr. Manager -- let me ask the Manager. Do we have the resources
to do this, Mr. Manager?
Commissioner Watson: City Attorney?
Commissioner Diaz de la Portilla: Let me ask the Manager first. I'm just curious. 1
want to hear his answer.
Arthur Noriega (City Manager): Is it on? Okay. So, I'm going to defer to my
Planning Director. I trust his judgment in terms of whether he has the resources. I
know what his staffing issues are currently. He's dealing with a lot of challenges in
terms of replacing staff. So, I'll concur that he's very shorthanded in terms of
getting this process out. If he says that he can't because of the resources, I
absolutely believe --
Commissioner Diaz de la Portilla: But once he has resources in the future, he'll be
able to do it, right? You think?
Mr. Noriega: I would hope so.
Commissioner Diaz de la Portilla: I would hope so too.
Mr. Noriega: He -- he -- he -- he's pretty much in my ear all the time of about it.
Vice Chair Russell: Here's the question. Why have all the notices for the next
meeting already gone out? If we haven't yet voted on many issues on this meeting
which might go on that -- that agenda? If the requirement is ten days --
Ms. Mendez: That's -- that's different.
Vice Chair Russell: If the requirement is ten days --
Ms. Mende: It's different. It's different issues. So, when you reset something, when
you notice something already within the 500 feet and then you reset the item, people
are on notice that that item gets reset. It's when you do it for a different date and
there's no notice of that new date that the notice is an issue.
Vice Chair Russell: That's not the case here. That's not the case here. In this case,
this item has already been noticed for first reading. So, we have the list of people.
We know exactly how to -- where and how to notice it, it's just a process of sending it
out. But they've already done that process for everything they're expecting to come
on July 22nd. So, they don't want to go back to the drawing board and start over for
this one item.
Commissioner Reyes: Even though we didn't vote on this yet, what do we -- have we
voted it down --
Commissioner Watson: So, Madam City Attorney, we've heard all what we can't do
on our side. Is it illegal for them to prepare and use their resources if that's what
they like to see their resources used for? After all, what we just did made them more
money. So, can they pay for it?
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Ms. Mendez: 1 guess 1 need to ask a few questions. One, has any type of notice gone
out for this item? That is the question.
Vice Chair Russell: First reading, yes.
Mr. Garcia -Pons: Not for a second reading.
Commissioner Diaz de la Portilla: Not for second.
Ms. Escarra: By the way, those fees have been prepaid as part of the re -zoning
application, so just wanted to put that out there.
Ms. Mendez: There be -- would there be any confusion on notice issues? That is my
question to the Planning Department. Has any type of notice gone out for this item?
Mr. Garcia -Pons: No, not for a second reading.
Ms. Mendez: Okay. So, then the -- if they don't have the resources to do it timely,
then we would have to ask Ms. Escarra if she would be able to give us assistance if
she wants this item a little earlier.
Commissioner Diaz de la Portilla: So, legally, they can do it, right? They can
notice it, or give us the resources to notice it? Ms. Escarra's client.
Ms. Mendez: If -- if there is enough time -- if it's the ten days, and remember some
of these notices are different, that's why you can't -- you know, it's hard to memorize
all of them. If it is a ten-day notice item and it could be noticed properly if we had
the resources, then it's not a problem. If it's going to be a notice issue, then we can't
do it no matter who helps.
Commissioner Carollo: Thank you. M. Escarra, can you do it in four days?
Ms. Escarra: Definitely.
Vice Chair Russell: All right.
Ms. Escarra: And just so you know, it's publication in the newspaper, mailed notice,
and postings. 1 may need some of the materials of. the postings from the City, but
we're happy to go out there and post them, take pictures, and confirm everything
with regards to it.
Commissioner Diaz de la Portilla: It's the same notice that you did, for first reading,
correct?
Ms. Escarra: It's the same notice as the first reading, except for a second reading.
Commissioner Diaz de la Portilla: Okay. That's -- of course. But everything else is
the same.
Ms. Mendez: I don't know that we can have the postings that are supposed to be
done by City staff and all that to be done by -- like, we don't outsource those things.
So, I -- that may be problematic.
Vice Chair Russell: That was well clarified then. Mr. Director, is it not possible for
the Applicant to send out the notice? Is that not the correct legal procedure?
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Mr. Garcia -Pons: Not the way we do it now. That's something that we would like to
change, but it not something that we can do now.
Commissioner Watson: So, really the question is can -- can they --
Commissioner Reyes: That's right.
Commissioner Watson: -- can they prepare what's necessary, their resources and
bring it back to the City, review and send out in the four days? That's -- is that -- I
guess that's what we're asking. Since the -- since the Department is challenged on
resources, they're going to prepare -- because they will do this and have it ready for
them tomorrow and getting back to you, and four -- what's four, Monday?
Vice Chair Russell: Monday is the deadline.
Commissioner Watson: Monday's the deadline. And then you can send it out on
Monday.
Commissioner Reyes: Mr. Director, I think that we should take into consideration
that if -- if we don't do it -- we don't have the second reading on the 22nd, there's no
meeting in August, and these people won't be able to come back to us until
September. And this meeting -- I mean, this decision was postponed from previous
meeting that we had. It's not to the fault of their own, you see? So, this is a very
special case. It's a different case. This is not going to be the rule.
Mr. Garcia -Pons: We are well aware, and we actually would like to change the way
we do the process to allow this to happen, but currently it is not allowed the way that
we have our process, but we agree with you.
Vice Chair Russell: Is it not allowed for them to prepare and you to mail it?
Commissioner Watson: She said they could. Madam City Attorney.
Ms. Mendez: Posting is -- the postings are done by affidavit of City officials. So,
that won 't be able to be done by a private party. I mean, there's a few things that go
into this for adequate notice.
Barnaby Min (Deputy City Attorney): Let me also -- let me also read Miami 21,
which says the City shall notify all owners of within 500 feet.
Mr. Garcia -Pons: So, we're responsible to do it, the City is. We don't know if we
can get an ad in the paper in time. We have to actually post it by probably
tomorrow, the site. So, again, your professional planning staff is saying we can't do
it.
Commissioner Watson: And -- and we're asking, if they do it, bring it back to you, is
it then a legal notice?
Commissioner Diaz de la Portilla: Well, you can put a newspaper ad immediately.
Mr. Min: The -- the language in Miami 21 puts the burden on the --
Commissioner Diaz de la Portilla: Yeah (UNINTELLIGIBLE) --
Commissioner Diaz de la Portilla: That -- that takes a day.
Mr. Min: Says the City.
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Commissioner Diaz de la Portilla: We'll (UNINTELLIGIBLE) 10 o'clock tomorrow
morning.
Vice Chair Russell: The entire process?
Mr. Min: Yes, sir. For the notice, it says the City shall send out the notice.
Vice Chair Russell: We'll send out the notice. Prep -- preparation work is not
contemplated in that.
Mr. Min: The City shall notify all property owners. The City shall notify all
registered neighborhoods and homeowners associations.
Commissioner Diaz de la Portilla: Mr. Min, if they lick the stamps and bring them
the stamps -- the -- the links -- the thing is that -- does that count and e-mails them?
Unidentified Speaker: Yeah.
Commissioner Diaz de la Portilla: Simple terms. There is no stamp licking anymore
to my knowledge. I know it's -- it's -- it's -- it's 2021, but if they prepare it and give
it to him, does that work, and the City mails it?
Ms. Mendez: As long as they hold harmless the City as well. I mean, this is all --
Vice Chair Russell: Okay. All right.
Commissioner Watson: There you go.
Commissioner Diaz de la Portilla: They prepare and give it --
Commissioner Watson: 1 mean, because the only person -- 1'm sorry, Commissioner,
only person who is going to have a problem if it's not right is them. So, if they're
going to do it, bring it back, it's an exception and it should be a good resolution.
Commissioner Diaz de la Portilla: And if they don 't --
Ms. Mendez: But the City -- again, there are certain things that only the City can do,
which is the postings by affidavit, the sending it out. So, if there's preliminary
legwork that they could do --
Commissioner Diaz de la Portilla: Right.
Ms. Mendez: -- then maybe. But otherwise, there's -- there's plenty of things that
the City has to do. And I would ask that the City is held harmless and defended in
this regard because, obviously, it hasn 't been done before. And we're putting the
Planning staff in a pinch.
Commissioner Diaz de la Portilla: We're -- we're breaking ground. Government is
finally breaking ground, being innovative. That's great. I think -- I think that we
should try that. It's a --
Ms. Mendez: We'd probably have to change a few ordinances if you would like us to
be more innovative, though.
Commissioner Diaz de la Portilla: Yes. Okay.
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Ms. Escarra: If we can make the hest -- best efforts that we can, I'll coordinate with
them and help them in any way that we can.
Commissioner Diaz de la Portilla: And if you can 't, you can 't.
Ms. Escarra: And if we can't, then we'll be the first meeting in September because
that 's the next available agenda.
Commissioner Diaz de la Portilla: But at least -- but at least we know that it's legal,
that they can do it that way, right?
Mr. Min: So, what I'm hearing is this should go on July 22nd for second reading
with the caveat that notice may not be adequate, and it may not --
Commissioner Watson: Exactly.
Vice Chair Russell: And if notice is not adequate, it won't be heard.
Commissioner Watson: It won't be heard.
Ms. Mendez: It won't be heard.
Vice Chair Russell: Right.
Vice Chair Russell: Are you paying overtime for the Planning staff to work this
weekend?
Ms. Mendez: If that -- if that's what it takes, you don't have to ask me twice.
Vice Chair Russell: I'm kidding. Okay.
Commissioner Diaz de la Portilla: Actually, by the way, is that legal?
Vice Chair Russell: No.
Commissioner Diaz de la Portilla: I'm just curious (UNINTELLIGIBLE) be
innovative with that. We can get your money from developers. That works.
Vice Chair Russell: Mr. Clerk, remind me, where are we? Did we -- we have a
mover and a seconder. We have an amendment with the covenant. Have we voted
on the item?
Mr. Hannon: It's already passed.
Vice Chair Russell: We passed the item --
Mr. Hannon: It passed as amended with the covenant.
Vice Chair Russell:: We've set it for July 22, if possible, if notice is achieved.
Commissioner Reyes: Okay.
Commissioner Watson: But we also may have to amend that to include holding City
-- holding the City harmless in the event they move forward. So, what -- what's the
story with that?
Mr. Hannon: I would defer to. Ms. City Attorney.
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PZ.2
9111
Department of
Planning
Ms. Mendez: That's a -- that's a separate direction.
Commissioner Watson: Okay.
Ms. Mendez: That's a separate direction that if Ms. Escarra is going to work with
City staff to be able to make the proper notices for the July 22nd item. If it is heard
on July 22nd, then they have to --
Commissioner Watson: Okay. Okay. All right. Okay.
Ms. Mendez: -- hold us harmless before that.
Vice Chair Russell: Do we need a motion to that effect at this point?
Commissioner Watson: So -- no. No -- no, she's saying they can do it then.
Commissioner Diaz de la Portilla: Well, to give the direction.
Vice Chair Russell: On the 22nd.
Commissioner Diaz de la Portilla: If they can do it then —
Vice Chair Russell: All right. Understood.
Commissioner Reyes: She can give us direction then.
Vice Chair Russell: Thank you. Motion passes.
ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"
OF THE 0.158 ± ACRES DESCRIBED HEREIN OF REAL PROPERTY
AT 180 NORTHEAST 50 STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
Pass on First Reading
PASSED ON FIRST READING
Jeffrey Watson, Commissioner
Alex Diaz de Ia Portilla, Commissioner
Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Vice Chair Russell: PZ.2 and 3, Commissioner Watson, what would you like to do
here?
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Commissioner Watson: So move.
Vice Chair Russell: Moved by Commissioner Watson.
Commissioner Diaz de la Portilla: Second.
Vice Chair Russell: Second by Commissioner Diaz de la Portilla. Is there any
further discussion? Please read it in the record.
Barnaby Min (Deputy City Attorney): PZ.2.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Mr. Min: PZ.3.
The Ordinance was read by title into the public record by Deputy City Attorney
Barnaby Min.
Vice Chair Russell: All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? PZ.2 and 3 pass. Thank you very much.
PZ.3 ORDINANCE First Reading
9112
Department of
Planning
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION FROM T4-R, "GENERAL URBAN TRANSECT ZONE
— RESTRICTED," TO T4-L, "GENERAL URBAN TRANSECT ZONE -
LIMITED," OF THE PROPERTY GENERALLY LOCATED AT 180
NORTHEAST 50 STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Jeffrey Watson, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For minutes referencing Item PZ.3, please see Item PZ.2.
END OF PLANNING AND ZONING ITEM(S)
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NA.1
9358
City Commission
NA - NON -AGENDA ITEM(S)
DIRECTIVE
DIRECTION BY COMMISSIONER REYES TO THE CITY
MANAGER REQUESTING A FULL EVALUATION AND REVIEW OF
THE CITY'S 40 YEAR BUILDING RECERTIFICATION PROCESS
BOTH IN THE ADMINISTRATIVE AND TECHNICAL ASPECTS.
FURTHER DIRECTING THE CITY MANAGER TO PROVIDE A
REPORT TO THE CITY COMMISSION WITHIN THIRTY (30) DAYS
REGARDING ANY DEFICIENCIES, RECOMMENDATIONS AND
CHANGES THAT SHOULD BE IMPLEMENTED.
RESULT: DISCUSSED
Commissioner Reyes: Mr. Chair?
Vice Chair Russell: Yes, sir.
Commissioner Reyes: Yeah. Before I forget it, I have a directive here for the City
Manager --
Vice Chair Russell: You're recognized.
Commissioner Reyes: -- 1 would like to read. And it has to do with events that
occurred at Surfside, and I want to make sure that it doesn't happen in our city. So,
I'm giving the City Manager a directive to have a All evaluation and review of the
City's 40-year building recertification process, both in the administrative and
technical aspects of it, and have a report to the City Commission within 30 days of
any deficiencies and any recommendation on the changes that should be
implemented. And I'm doing this because I have heard, and I noticed that sometimes
the inspections are made and they find fault, but there are no follow-ups, you see?
And I would like to have a process established that once any faults or any problems
are found that action is going to be taken. We have to do whatever it is possible to
avoid that event occurs again. Got that, Mr. City Manager?
Mr. Noriega: Yes, sir. We're already working on something. We'll be --
Commissioner Reyes: Okay. Thank you very much.
Vice Chair Russell: Mr. Manager. Commissioner Carollo, you're recognized.
Commissioner Carollo: Thank you. Mr. Manager, what type of buildings are you
looking into in the city?
Mr. Noriega: So, right now, the initial letter, I guess really that went out was -- they
both went out? Okay. Ace, then give them the update on --
Vice Chair Russell: Good morning. Please state your name for the record.
Asael Marrero: Good morning, Commissioners. Asael Marrero, Building Director.
Commissioner, we concentrated on all threshold buildings in the City of Miami, and
we did it in two stages. The first stage was all buildings six stories or higher, 40
years or older. There's 125 buildings in that category. All of those were mailed out
and as well hand -delivered to each building. The second phase was the remaining of
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all other buildings in the City of Miami that were considered threshold buildings in
the category of three stories to five stories. There were over 900 buildings in that
category, that meet that threshold and also 40 years or older. Those were also
mailed out and delivered.
Commissioner Carollo: That's precisely what I had talked to the Manager about
last week. The buildings between three and five stories, that as you stated, we have a
much, much greater amount, 900 versus I think 145.
Mr. Marrero: Over 900, and then 125 precisely on the six stories and higher.
Commissioner Carollo: And these that are between three and five stories are even,
in my mind, even more dangerous because they're much older than any of the other
taller buildings. And this is where I'm getting a tremendous amount of calls from
renters that are very nervous, very concerned in -- in what they're finding. And
obviously if you're in a third story or you're in a second story, if a building
collapses, you know, you could easily -- as easily be hurt or die as in a taller
building. So, I am concerned on those in particularly. We need to move as quickly
as we can on them, even if it requires that you bring in additional people to be hired
and help. If that's the case, please come to us and I'm sure every member of this
body would be happy to approve some additional finding. Now, what I'm also
concerned is, and this goes from what I've seen in some cases in the City, that we
have had cases of old buildings like this, that even with former Unsafe Structure
directors shutting them down, giving them unsafe structure qualifications or what
have you, that somehow in some cases their CUs (Certificates of Use) were never
taken away. How can that be if a structure is shutdown, is declared an unsafe
structure, can they still have a CU to operate?
Mr. Marrero: So, Commissioner, I want to address that directly. We had a new
ordinance that was passed last year that clearly outlined that all buildings that are
in violation of Chapter 10 inclusive of 40, 50 recertifications are at risk of losing
their certificate of use. And effectively, actually February of 2021, the Building
Department doubled down on all the unsafe structures cases that are handled on a
monthly basis, and we dedicated one specific panel just to hear 40, 50
recertifications that were in non-compliance. So, that -- these individuals had --
these individual buildings had a one last chance order from the Unsafe Structures
Panel to come into compliance. We've been doing so at a rate of approximately 120
cases per month since February, and we're in the process recently to double down
on that number as well.
Commissioner Carollo: But then can you educate me in the process, and I granted
understand this is before you came on board in the last year or so. If a building has
been declared an unsafe structure, can it be open to operate for activities, even if it
has a CU that hasn't been revoked for whatever reason?
Mr. Marrero: So, when -- so let me -- let me give some background on the 40, 50
recertification process. I think that's going to be adequate in putting this process in
perspective. The -- every calendar year, a building that meets the 40-year or the 50
and 10-year intervals date will be automatically sent a notification on January of the
-- of that particular calendar year giving them notice that the -- their building has
now been flagged for recertification, be it the first time, 40-year or subsequent ones
for 50, 60, and so on. That notification letter essentially provides a time frame for
them to come into compliance. That compliance date is May 30th of that calendar
year. So, they have from the date they received that notification to May 30th to
submit a letter to the City of Miami stating what are the conditions of their buildings.
Some cases, you obtain a full recertification letter by the inspectors, the architects,
the engineers doing that recertification process. In other cases, you get a list of
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deficiencies. And what its outlined in the process is the time frame for them to come
back and remedy all of those deficiency. Unfortunately, some buildings don't do
those things in a timely manner, and they become delinquent, and the mechanism
that's in place to deal with that is to send them to the Unsafe Structures Panel so that
they are given a final order to comply. And if they do not, they obviously become at
risk of losing their certificate of use.
Commissioner Carollo: But you still haven't answered my question, even though I
appreciate the process --
Mr. Marrero: Yes, sir.
Commissioner Carollo: -- you have now. Maybe you don't want to --
Mr. Marrero: No, no.
Commissioner Carollo: Maybe you didn't want to step in quicksand and answer the
question. You might know more than I do certainly from your position. My question
again, and it's very clear. It's yes or no. If a building has been declared, you've
had inspectors go in, shut it down because you posted unsafe structure on it. Even
though you would expect that the CU would he taken away, but let's say that for
whatever reason, they're special people and in the past, nobody wanted to mess with
them. They looked the other way, they stuck their hand in the sand, they had a drink
with them, and you know, be merry, be happy, let's play Barney. So, if they were
shutdown, as an unsafe structure, even if they still have an active CU, can they have
any type of activity in that building, such as a rooming house, people to be able to
rent units, pool parties, barbecues inside, house parties, whatever? Can they have
any activities inside?
Mr. Marrero: I think the question as I understand it, Commissioner, is if there is a
violation issued for non-compliance with 40, 50 recertifications --
Commissioner Carollo: Unsafe structure.
Mr. Marrero: Unsafe structures in general.
Commissioner Carollo: It could be more than that. They might have to comply with
that, but as you know, there could be a lot of things that would've happened that
would make (INAUDIBLE) --
Mr. Marrero: So, we're not shy. I can tell you right now that we're not shy at all,
certainly under my purview, to shut down any facility that it's unsafe. In fact, we did
Commissioner Carollo: I'm not questioning your time here. I'm talking about
before you got here, sir. So, I'm talking about before you got here. So, this has got
nothing to do with your --
Mr. Marrero: So, when I got to this post, I came to this post in an acting position
back in February of 2020. And I can tell you that during the first assessment that I
did at the Building Department, the one section that we outlined with the
Administration for additional positions back then was the Unsafe Structures
Division. It had one inspector for the entire City of Miami. And we were able --
Commissioner Carollo: One?
Mr. Marrero: Yes.
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Commissioner Carollo: One inspector?
Mr. Marrero: One inspector. So, we added two inspectors per district because that
was obviously a deficient that was identified since day one. We added those
positions in fiscal year 2021 and most of them have been filled, which allowed us to
not only be able to concentrate on all of those cases, but also doubled down on the
amount of workloads that we do refer to the Unsafe Structures Panel. We were able
to double down on those as well. So, we're able to tackle the amount of deficiencies
that we have on the 40, 50 (UNINTELLIGIBLE) and essentially cases.
Commissioner Carollo: However, 1 have to go back, as you know, I don't want to be
impolite to you. I think you've been a very good Building Director in the time you've
been here. But you're not answering my question. Now, if I'm not being specific
enough or explaining it well, maybe some of my colleagues can help me. What I'm
trying to ascertain is if a building was issued an unsafe structures citation where
they were shut down, even if the CU wasn't revoked, can they still have been cited?
Would a case number as an unsafe structure, can they, still have normal activities
inside that building?
Mr. Marrero: I think I'm misunderstanding the question, so let me -- let me, are you
implying that because they get issued a -- a 40, 50 recertification --?
Commissioner Carollo: No, no, I'm not talking about certifications.
Mr. Marrero: No. No, no. No, no violation. Violation for not re -certifying the
building.
Commissioner Carollo: I'm talking about if any building received an unsafe
structure because they were found to have done repairs, changes, what have you to
that structure that our inspector felt that it was unsafe as a structure, even though
the City might not have taken the CU away, would they be allowed to have had --
Mr. Marrero: The answer is yes.
Commissioner Carollo: -- any activities?
Mr. Marrero: The answer is yes.
Commissioner Watson: Okay, yes.
Mr. Marrero: The answer is yes. If we found -- if we're to find any buildings that
are considered unsafe, okay -- not unsafe because -- 1 want to make sure that it's
crystal clear that if you're in violation of the 40, 50 recertification
(UNINTELLIGIBLE) itself --
Commissioner Carollo: I'm not talking the 40, 50.
Mr. Marrero: No, I understand, Commissioner, but that in and of itself --
Commissioner Reyes: Can I --
Mr. Marrero: Also assigns you a violation of unsafe structures. So, the fact that you
are in non-compliance automatically gives you a violation of unsafe structures, but
for being in non-compliance with the 40, 50 recertification process. Above and
beyond that, if we find a building that has any deficiencies, any deficiencies are put
at risk, any life or safety —
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Commissioner Carollo: Right.
Mr. Marrero: -- we would not hesitate in shutting that building down.
Commissioner Carollo: Okay, but my -- I have found buildings that were shutdown.
However --
Commissioner Watson: They still continued to operate.
Commissioner Carollo: Nothing ever happened for years. And those buildings kept
having activities. So, that's my question that I don't know if you -- in what you
answered yes to. My question is again, sir, if they're shutdown because they found it
to be an unsafe structure -- I'm not talking about the 40, 50 years, 30, 40, 60, 70.
I'm talking that they found -- our inspectors found them to be unsafe structures
because of all the different changes that they made without permits inside the
building. And they were shutdown not once, but more times in some cases. So, my
question is, if that happens and for whatever strange reason, we haven't pulled their
CU and years have gone by and everybody seems to have forgotten that it was an
unsafe structure, can that building that was hit as an unsafe structure and cases were
open, could they have operated still like normal with normal activities, whatever the
activity is that they wanted to hold?
Mr. Marrero: So, if that happened prior to my tenure --
Commissioner Carollo: It's prior to your tenure.
Mr. Marrero: You know, that could have been the case. I can tell you that with a
high level of certainty that in this -- in this new environment, those buildings will be
referred to be unsafe structures so that --
Commissioner Carollo: But you're not answering me. Look, this is not having to do
with you. This is cases that have happened before. What I'm trying to ascertain
.from you on the record is if they were shut down because they were unsafe structures
and for whatever reason the CU wasn't pulled from them, could they have kept
having activities like nothing had happened?
Commissioner Reyes: Business as usual.
Commissioner Carollo: Yeah.
Mr. Marrero: 1 can't speak for the past, but I would imagine -- you know, 1 --
Commissioner Carollo: I'm talking what is our law. I mean, is this allowed or not
in the citv?
Mr. Marrero: It is not allowed.
Commissioner Carollo: Okay. So, that's what I wanted an answer for, very simple.
Vert/ simple. So, I mean a building that you have your whoever from unsafe
structures sees that there -- tore up the whole inside of the building, no permits.
They shut them down. And you would think if they're shutdown, they're going to
comply with it. But in one particular case or several that I've seen, they had to come
back ten days later, and you know what, they were still having a grand old party.
And somehow the CU wasn't pulled. And business as usual was done from time -to -
time, whatever they wanted to in that building. So, you're telling me on the record
that that is not allowed. That once you get hit with unsafe structure in the way that I
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described it -- not talking the 40, 50 -- that there should be no other activities in
those buildings.
Mr. Marrero: When the due process is followed, that is correct. You're not allowed
to continue.
Vice Chair Russell: Commissioner, I'd like --
Commissioner Carollo: You changed a little bit now. And this is the problem we're
having in the city.
Mr. Marrero: So, the -- no, no, and I'll clam. I'll clarify. If we, the inspectors,
find any unsafe conditions, the authority of the building -- the building official has
the authority to shut that place down, and we will refer that case -- that's the
procedure that's in place right now under City ordinances. We'll refer that case
immediately to the Unsafe Structures Panel with a deferral to revoke the certificate
of use.
Commissioner Carollo: Right. But they cannot while that's happening, just carry on
business as usual.
Mr. Marrero: We will -- we will send our inspectors as often as we need to in order
to make sure that that doesn't happen. Specifically, and essentially on buildings that
we have shut down for unsafe conditions. Absolutely.
Vice Chair Russell: Commissioner, I'd like to -- to jump in and perhaps offline,
Director, you can get some specific addresses of concern that the commissioner is
referring to so you can look into the history to see. But I'd like to look at the bigger
picture of this. The knee-jerk reaction to what's happened in Surfside, although
there is no other answer if a building is unsafe, we do not want anyone living there.
But the knee-jerk reaction to that could be the largest mass eviction, in addition to
our affordable housing crisis and our homeless situation, if we don't look at this very
carefully in a holistic way. What has been going on for years is a looking of the
other way to landlords -- no, slumlords who were not maintaining their buildings
and not keeping up with code. The fact that they are allowed to go on up to their 40
year without any checks and balances on the condition of their building is
unforgivable. We went through this on Grand Avenue, and I was trying to fight the
evictions. And when 1 learned it's actually us that's initiating the eviction, 1 realized
there's a problem with the system. The residents don't ask, don't tell because if they
complain of the mold or the leaks or the rats or the cracks or the spalling, they risk
getting evicted. So, they keep their mouth shut. The landlord keeps his mouth shut
because they don't want to spend on the building. And maybe even, maybe even he's
looking to clear that lot for redevelopment. And the hardest next step for him is
actually going through an evictions process. We're doing him a favor. So, where we
are lacking is in the monitoring and enforcement of minimum living standards and
unsafe structures early in the procedure with the teeth to push for improvements.
Because otherwise, we're just hitting the nuclear option at the end. And the victim
isn't the landlord, the victim is the residents, the tenants. So, we need look at this in
-- in a big way. Commissioner Reyes, you're recognized and then --
Commissioner Carollo: I agree with your statement.
Commissioner Reyes: Commissioner, that's precisely what I gave the directive to
the City Manager, because you're absolutely right. You see, I know that every single
commissioner, if we had complaints from residents about the poor conditions of the
places that they are living in and the lack of any intention to repair or correct all the
problems that they had. And I agree that we need -- we need to have -- to be very
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strict about it. But at the same time, as Commissioner Russell says, we have to he
ahead of what could -- the consequences that could happen, and we have to weigh
them and see how can we correct them without causing much harm to the people that
live in those buildings, you see?
Vice Chair Russell: Thank you, Commissioner Reyes.
Commissioner Reyes: I think that we -- we need to -- we need to re-evaluate our --
what are our policies and that's what I want within the next 30 days. And if
legislation is required to give it more teeth, as Commissioner Carollo and
Commissioner Russell are expressing, and please bring the legislation that I for one
will support it and I know that my colleagues will support it too.
Vice Chair Russell: Well, let's bring that to a head right now. We haven't actually
done the procedures for the meeting. We'll get to that, but question for you,
Director, as well as the law department. The letters you sent out, they sound like a
strong directive, but I noticed in the fine print, it says we're urging you to get this
inspection done and have it back to us in 45 days. Is there any teeth to that? And if
not, do you need assistance from this body to give it to you?
Mr. Marrero: So, it is unfortunately not mandatory because we do not have the teeth
currently in the Code to make it mandatory. Certainly, that will be a discussion with
Law to see if firrther action by this body could -- could change that. I can tell you we
-- we started receiving feed -- you know, responses back. So, I have received a
multitude of e-mails and phone calls with -- essentially with the first 125 buildings
from buildings that definitely want to bring that compliance back into the City, even
if it is --
Vice Chair Russell: What is the average cost to do this inspection?
Mr. Marrero: So, we raised the bar and the minimum threshold. I want to make that
crystal clear on that letter because we believe that essentially for buildings that are
six stories and higher, you got to have a higher -- a higher threshold of -- of -- of
expertise to be able to re -certify that particular building. So, that may change, that
costs may change slightly from -- from building and structure to structure, but we're
not -- we're not asking in this letter for a full recertification. We're asking for an
engineer that has that level of expertise to go out and assess these facilities for any --
any signs of you know, structural distress. So, it's not a full recertification. It's a --
it's a full inspection. And what -- what is different from the -- from the -- and again,
it's as -- as a -- as a mandatory -- as a recommendation to all of these structures, is
that the minimum level of the individual that it's going to be performing those
inspections that be a person has previously designed and inspected levels -- you
know, these facilities. And so that obviously going to increase the --
Vice Chair Russell: About how much for the larger buildings at which there's 125,
what are we asking of them? Or if legislation passes, what would we be demanding
of them to spend on this effort?
Mr. Marrero: Premium wise?
Vice Chair Russell: Just the cost of this inspection, not the repairs, but the
inspection itself.
Mr. Marrero: So, the cost -- the inspection itself -- I'm going to have to come back
with you on that one.
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Vice Chair Russell: I'd like to get that as well as the -- if it's a lower level for the
900 buildings at the three to five stories, I'd like to know what that cost average is.
And then I'd like to understand it from Law our ability to force this cost upon these
landlords. Whether we can or not; whether we should or not; whether we should be
assisting in this or not. We're declaring this to be an urgent situation based on what
we've seen can happen in the worst -case scenario. So, we need to understand what
we 're pushing on those landlords and whether we can or not. So, if legal can have
some analysis for that, I'd really appreciate something this afternoon. So, if action
of this body is needed, we can take it today. Well, thank you. Yes, you're
recognized, Commissioner Watson.
Commissioner Watson: Here's the thing, Mr. Chair. And everybody has -- has these
buildings and everybody is going to be calling. And so, Mr. Min probably will help
us because there's -- Commissioner Carollo's question it really wasn't at you. It
was at our process. Our process is intertwined with State law. And so, we need to
figure out right now regards to what the costs are. How we ensure that we're
protected for past whatever, has nothing to do with you, okay? The residents are
protected from actions that they may not even understand, because I went to that
building. I understand there was a secession in service in the construction where the
interior sat for a while. And if you listen to our guys and now reports, the rebar,
wire, whatever you want to call it, based on where it was, acidity rotted it away, and
so there was no reinforcement in the pillars, right? What people don't understand is
that with condominiums the developer is only responsible for -- for three years and
after three years, it's the homeowner's association. And a homeowner's association
is probably not going to want to levy themselves 15 million, 20 million to fix the
building. We had one on Brickell, 15th Street, Southwest South River Drive. He had
to house -- because he was not off yet. He had to house those residents for two years
until he .fixed the problem, right? And so, if we're going to now probably be told
with the analysis, there is no teeth in what we have, particularly for what is passed,
right? And everybody is going to get called because everybody has between 900 and
125, is about 25 buildings. Everybody is going to get called by their friends,
landlords or what have you. They got to do it, right? We should have it. We should
tell them, you know, we'll cover the cost for 30, whatever it is, and then over and
above they cover. But it's really about protecting the big industry that we have. We
do -- you told me $2.73, $3.2 billion construction a year, right? So, it's about
protecting the industry. About giving comfort to the people in older buildings,
because it's great to be in an older building until you find out. Look, I had someone
visit me for some workl need. And the gentleman told me for ten years he's walked
by that building and from sight from the sidewalk, he could see structural damage on
that building. From the sidewalk, right? And I think, yes, the process does allow
people to continue operate even when we give them unsafe structure. That's
residents and commercial. And so yeah, we got to push some teeth in what we have
to ensure that we -- people know that we're now looking out for them even when
they're not looking after themselves. Because I wouldn't want to assess myself $15
million. I bought that condo for $100,000, an assessment now makes me pay
$125, 000. That makes no sense to me. And I can afford to do it. So -- but at least
we will now have moved in front of the process as opposed to waiting for another
occurrence that we had nothing to with. So, what we should be trying to find out,
rather than the analysis is ensuring that legally we can do what we're trying to do, to
make sure we protect the people who do not even want to protect themselves, right?
Vice Chair Russell: Thank you, Ace. I'd like to get this back on track and if there is
legislation to be brought, we'll see that later today.
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NA.2
9359
City Commission
NA.3
9360
City Commission
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO TAKE ANY AND ALL NECESSARY
STEPS TO BEGIN THE PROCESS OF DESIGNATING MARTIN
LUTHER KING BOULEVARD, NORTHWEST 62ND STREET, AS A
CULTURAL CORRIDOR AND TO REPORT BACK TO THE CITY
COMMISSION WITH DETAILS OF THE PLAN IN THE NEXT
NINETY (90) DAYS.
ENACTMENT NUMBER: R-21-0296
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Alex Diaz de Ia Portilla, Commissioner
AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson
Note for the Record: For additional minutes referencing Item NA.2, please see
"Order of the Day."
Vice Chair Russell: I'd like to take up the pocket items. PL1 is Commissioner
Watson regarding Martin Luther King Boulevard. Is there a motion?
Commissioner Reyes: Move it.
Commissioner Diaz de la Portilla: I'll second it.
Vice Chair Russell: Moved by Commissioner Reyes, seconded by Commissioner
Diaz de la Portilla. I'd like to open for public comment. This is an item directing
the manager to take any necessary steps to begin the process of designating Martin
Luther King Boulevard as a cultural corridor. Is anyone here who'd like to speak on
public comment on that item? Seeing none, I'll close public comment. Is there any
further discussion on the dais? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes on P1.1. Thank you.
DISCUSSION ITEM
DISCUSSION BY COMMISSIONER DIAZ DE LA PORTILLA
REGARDING THREE (3) ADDITIONAL SERGEANT -AT -ARMS TO
THE DETAIL AT CITY HALL FOR THE PROTECTION OF THE CITY
COMMISSION.
RESULT: DISCUSSED
Note for the Record: For additional minutes referencing Item NA.3, please see
"Order of the Day."
Vice Chair Russell: PI.2 is Commissioner Diaz de la Portilla's item to add three
Sergeants -at -Arms to the Commission Sergeant -at -Arms staff.
Commissioner Diaz de la Portilla: I'll move it.
Commissioner Carollo: I don't --
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Commissioner Watson: I don't have it.
Commissioner Carollo: I don't have it.
Vice Chair Russell: I believe it was just spoken verbally. Did you hand something
out?
Commissioner Diaz de la Portilla: Well, yeah. It was given to Ms. Mendez this
morning.
Barnaby Min (Deputy City Attorney): Correct. There's nothing in writing. It was
just a resolution that was proposed by a Commissioner to Diaz de la Portilla that the
City Manager be directed to add three Sergeants -at -Arms for the protection of the
City Commission.
Vice Chair Russell: Can we do this as a pocket item? It has a fiscal impact.
Commissioner Diaz de la Portilla: Yeah, pocket item.
Ms. Mendez: So, this is directing the Manager to do this. If the Manager comes
back and says there's no money to do it, then you'll have to address it at that point.
Commissioner Carollo: This is in addition to the three that we have?
Commissioner Diaz de la Portilla: Yes. But I'm amenable to what you
recommended and last Commission meeting, two additional ones and one on standby
in case one gets sick, or a car breaks down.
Commissioner Carollo: Well, I don't believe that that's what I said last time. I think
it was a little different, that we would have some additional standby. I'd like to, if we
can, table this for the Chief to be here the next meeting.
Commissioner Diaz de la Portilla: Okay.
Commissioner Carollo: I think this is one that we need to have a report with him
directly on.
Commissioner Diaz de la Portilla: We had discussed it -- 1 agree with that and we
had discussed it with him earlier because we had talked about four sergeants in the
Mayor's office and we said in case there was an event or a dignitary, like fbr
example, when we had -- many decades ago, we had the King of the Spain corning
here, things of that nature and every commissioner -- remember that, when we had
the King of Spain, then the king and queen? You were -- I think you were the mayor
at the time, and we had the King of Spain.
Commissioner Carollo: I remember well.
Commissioner Diaz de la Portilla: And you were driven -- you were driven with the
sirens and everything else over there.
Commissioner Carollo: No, no, no.
Commissioner Diaz de la Portilla: Yeah. I remember I watched from afar.
Commissioner Carollo: No, no, no, no, no.
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Commissioner Diaz de la Portilla: But the --
Commissioner Carollo: You -- you're not correct in there.
Commissioner Diaz de la Portilla: And seriously --
Commissioner Carollo: But I will tell you I didn't even go with the Sergeant -of -
Arms to that.
Commissioner Dias de la Portilla: And seriously, in those kinds of events, and if --
for two reasons. I will talk very quickly. For those kind of events, every
commissioner is going to need a way to get to those places. And number two, we've
seen a lot of situations where -- where it's public shaming of elected officials -- we
saw Senator Cruz -- at restaurants when they're eating, and they come up to them
and they scream things on them and things of that nature because of the way our
society is turned into right now.
Commissioner Carollo: What -- what Senator Cruz do we have here?
Commissioner Diaz de la Portilla: Senator Ted Cruz in Texas.
Commissioner Carollo: Oh, that's Texas.
Commissioner Diaz de la Portilla: Yeah.
Commissioner Carollo: This isn't Texas.
Commissioner Diaz de la Portilla: I understand but the point is that -- that --
Commissioner Carollo: You've been traveling to Texas.
Commissioner Diaz de la Portilla: 1 go to Texas, 1 travel all over the world, you
know, as you know I travel all over the world.
Commissioner Carollo: I don 't -- I don 't know about that.
Commissioner Diaz de la Portilla: Yeah, I've been with you a few trips.
Commissioner Carollo: I don't --1 don't know about that.
Commissioner Reyes: Commissioner -- Commissioner, if I may recall, we had a
conversation as 1 recall it with the Chief -- was that the Chief was going to identify
three Sergeant -of -Arms that are going to be in reserves, and they were going to be
used as needed.
Commissioner Carollo: That's what 1 remember.
Commissioner Diaz de la Portilla: Right.
Commissioner Carollo: As needed. That's -- that's what I recall but I --
Commissioner Diaz de la Portilla: But he never agreed to it.
Commissioner Reyes: Okay, but let's wait-- let's wait until he comes back.
Commissioner Diaz de la Portilla: Okay. I agree with that. I agree with that.
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Commissioner Reyes: So, we make it official.
Commissioner Diaz de la Portilla: Correct, 1 agree.
Commissioner Carollo: I think that, one, the Chief needs to be here for that. Two,
we have to look at budgetary constraints. Three, I want to make sure that this is
what we really need, and I'm not convinced at all. This is why what recollect thatl
had suggested before was that we have the three that are working full-time for the
Commission, and then three others would be identified with names already that if
there was ever a situation where additional ones were needed, they can be called
upon and if somebody had a sick day off and there was five of us or for whatever
reason, which would be very uncommon, needed one each day and somebody was
off that we would have then five available.
Commissioner Diaz de la Portilla: Yeah, that's --
Commissioner Carollo: But I'm very conscientious at the costs and pulling more
officers out from the streets where they should be. And -- and let me say this to you,
there's been a lot of talk about the defunding the police. And how much we're --
we're -- Commissioner, you know, that's not where I'm going.
Commissioner Diaz de la Portilla: Come on. That's such a reach.
Commissioner Carollo: First of all --
Commissioner Diaz de la Portilla: That's such a reach.
Commissioner Carollo: -- I'm not going there. You know, you're frowning without
even letting me finish where I'm going. Where I'm going is that this Commission,
this City has had talks about not defunding the police. And I'm not comparing that
to doing this in any way because we're not defending anything.
Commissioner Diaz de la Portilla: Of course.
Commissioner Carollo: You still have people that are being paid. But where I'm
going to is that we took, without saying a word, the Manager did, a lot of police
positions that were frozen. And from what I'm being told by them, they're not all
coming back in this next fiscal year. So, I don't know what the heck you call that.
But when you freeze positions that you had and then in the next coming fiscal year's
budget, we're only putting a fraction of them back, I don't know if this is what this
City should be doing now, especially the way we're growing in population. And
crime as a fact is going up everywhere. So, I'd like to study that further, get the
Chief's comments and suggestions and ideas and do it in a responsible way. Look, if
any (netts need additional officers, so be it.
Commissioner Diaz de la Portilla: Sure.
Commissioner Carollo: But I think we need to do it in a responsible way. I don't
want to shoot from the hip on this.
Commissioner Diaz de la Portilla: No. I'm not shooting from the hip. It's six of
one, half a dozen of the other. Whether you identify three additional officers if we
need them or whether you're just standing back there it doesn't matter. It's the same
thing. Six of one, half a dozen of the other. We still have six available. It's six
available officers that -- that -- in case we need them. The conversation that we had.
Commissioner Carollo: There is a different -- there is a different schedule.
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Commissioner Diaz de la Portilla: Well, 1 don't see it that way. But I agree we'll
table it. And 1 agree and by the way, it's done responsibly because no one knew that
Chief was not going to be here. I assumed, and I understand the reason now that
he's in a -- at a wedding, personal matter, but 1 assumed that we're going to have a
conversation about prostitution or sex trafficking in motels that he would be here.
So, I assumed that he will be here in front of us when we are presenting this matter.
And we had discussed that at the last meeting, it was very clear that the Mayor's
Office, that I completely agree with -- I know you haven't been in agreement with --
but I have no problem with the Mayor having four police officers. But I think this
Commission has also has to have its protection. We also had threats. Some more
than others, I'm sure.
Commissioner Carollo: I'm sorry, I missed what you said there at first.
Commissioner Diaz de la Portilla: That we have had threats -- that we also have
safety issues. And we have to make sure that all of us are protected.
Commissioner Carollo: Of course, we all -- we're all --
Commissioner Diaz de la Portilla: So, that's -- that's all the issues. I think it's very
responsible.
Commissioner Carollo: -- have safety issues.
Commissioner Diaz de la Portilla: So, we identify --
Commissioner Watson: The question is, how many do we need?
Coniniissioner Diaz de la Portilla: Well, we identified three -- we have three
standing there that we don't need them right now because we're here, right?
They're there; we're here.
Commissioner Carollo: And most of the time --
Commissioner Diaz de la Portilla: And we need three more, and we need three more
that we've identified, then the same thing.
Commissioner Carollo: Most of the time --
Commissioner Diaz de la Portilla: That's (UNINTELLIGIBLE) point.
Commissioner Carollo: -- the three officers that we have assigned to the
Commission, at least two of them are -- are not doing any work for any of us. And
that's the point that I'm making, that I want to be responsible in how we go forward
with this. And particularly, when so many positions have been frozen by the
Administration in the police department and we're not getting them back on what
they're hoping to do in the fiscal budget for this coming October. You know, I have
a different frame of mind on that and what I'll do, but that's part of the problem that
I have. If we have a substantial amount of officers that have been frozen, we're not
getting them back. I don't want to be taken any more people that we have to --
Commissioner Diaz de la Portilla: I agree with that.
Commissioner Carollo: -- from the streets. And that's the only point that I'm
snaking.
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Commissioner Diaz de la Portilla: 1 agree. We'll defer it to the police chief is here.
Ms. Mendez: Commissioner Diaz de la Portilla, just to be clear, since print is on
Monday, do you want this as an agenda item then?
Commissioner Diaz de la Portilla: Yes, ma'am.
Ms. Mendez: Okay. Thank you.
Commissioner Diaz de la Portilla: Thank you.
Cherise Gause (Assistant Chief of Police): Good evening, Commissioners. Assistant
Chief Cherise Gause. I just want to clarify that we do have four dignitary protection
trained officers on an as -needed basis should the need arise before the next
Commission meeting.
Commissioner Diaz de la Portilla: Oh, okay. So --
Ms. Gause: We are ready to go.
Commissioner Diaz de la Portilla: Okay. Because Commissioner -- because Chief
Acevedo never clarified that issue.
Ms. Cause: Yes. It was implemented immediately.
Commissioner Diaz de la Portilla: Okay. Perfect. Thank you.
Ms. Gause: Thank you.
Commissioner Diaz de la Portilla: Thank you very much.
Ms. Gause: Okay.
Commissioner Diaz de la Portilla: That solves that issue.
Commissioner Carollo: Is that four in addition to the three that he 's got?
Ms. Gause: Yes, we have 'bur on standby. You have one on loan here now and as
needed, we have three additional.
Commissioner Carollo: Okay. Thank you.
Ms. Gause: Thank you.
Commissioner Diaz de la Portilla: That works. Thank you.
Vice Chair Russell: Mr. Clerk, is any action needed on PI2?
Mr. Hannon: No, sir. I believe that --
Commissioner Diaz de la Portilla: They already did it.
Vice Chair Russell: It's been set -- it's been set for the next agenda. Okay.
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NA.4
9361
City Commission
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE
ANY AND ALL ACTION(S) NECESSARY, IN LAW OR EQUITY, TO
ADDRESS THE EFFECT ON THE CITY OF MIAMI ("CITY")
RESIDENTS CAUSED BY MIAMI-DADE COUNTY'S EXPANSION
OF THE RAPID TRANSIT ZONE TO, AND THE PREEMPTION OF
THE CITY'S ZONING AUTHORITY OVER, ADDITIONAL
PROPERTIES WITHIN THE CITY.
ENACTMENT NUMBER: R-21-0297
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Note for the Record: For additional minutes referencing Item NA.4, please see
Item DL4.
Commissioner Carollo: And then 1 want to put a resolution forward in support of our
residents that live there, instructing the City Attorney to do everything within our
legal right in protecting their lives, their properties in this neighborhood. Even if it
means at some point in time that we have to take legal action in a lawsuit against the
County. It shouldn't be them that have to pay that price.
Commissioner Reyes: Not only --
Vice Chair Russell: Your microphone, Commissioner.
Commissioner Reyes: -- I will only second it, but I will co-sponsor that resolution.
Commissioner Carollo: Thank you, Commissioner.
Vice Chair Russell: Commissioner, are we speaking about rapid transit zoning and
the County's --
Commissioner Carollo: Well, that there's --
Vice Chair Russell: -- use of RTZ (Rapid Transit Zone) to preempt our zoning code.
Commissioner Carollo: Yeah. That is exactly what --
Vice Chair Russell: I'm very glad to have this discussion.
Commissioner Carollo: -- I'm speaking about. And look I understand at 27th
Avenue, we have a major project. We have another at 37th.
Commissioner Reyes: But that's different.
Commissioner Carollo: There's some major, major difference with those projects
and this one. Those projects are not in a residential area. You could come at them
from US 1, from side streets that are commercial. This is entirely different. You
can't come -- in other words, you can't wall this off from the residential area and
have them enter through US' 1 only. The only way that traffic can come in and out is
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going through their neighborhood, their homes. And this is not right. And the
County should not be allowed to do that and trump our own codes and laws that we
have in the City ofMiami.
Commissioner Reyes: And if I may add, Commissioner, you see, they have reduction
in parking, and guess where they're going to park? They're just going to park in the
neighborhood.
Commissioner Carollo: Oh, yeah.
Commissioner Reyes: You see? And the -- not only are they going to be driving
through the neighborhood, they're going to be parking all over the neighborhood,
and 1 don't think that we should be an accomplice of destroying beautiful
neighborhoods in the City ofMiami like that. And (INAUDIBLE) --
Commissioner Diaz de la Portilla: I have a question on this.
Vice Chair Russell: You're recognized.
Commissioner Diaz de la Portilla: This is an RTZ zone and what legal remedy do
we have? Well, first of all, this is a workforce housing proposal, right? It's my
understanding. I think the winner -- I think there were four bidders that were
involved in this. And I think somebody granted that already or the Terra Group, I
think.
Commissioner Carollo: I don't think it's been granted. I didn't know if there were
four or more, but they --
Commissioner Watson: It's been decided.
Commissioner Carollo: -- cut it down to lesser. I don't know that it's two that it's
down to.
Commissioner Diaz de la Portilla: I think it's been decided to Terra Group.
Commissioner Carollo: I don't believe so --
Commissioner Diaz de la Portilla: Well -- and 1 think it's -- 1 read an article on it
this morning. 1 think it's 347 workforce housing units. Now, I grew up about five
blocks, you know, Commissioner Carollo, from that area. There is no entrance from
US 1. Is it only on like 3rd Avenue?
Commissioner Carollo: That's correct. That's correct. That's the biggest problem
with it. And to make even matters worse, you all remember the Countv's position
when we closed a few streets right next door to it in the Silver Bluff area. Because
again -- because of the County's and State's creation of a problem, we had the only
small neighborhood that had a light where people could go out and in right through
a residential area. So, the solution that we found was that we closed a few areas,
and it's worked wonderfully. They said we couldn't do that. That's never been
done. Well, right next door on 1st Avenue there, when they made the Metrorail, they
closed that off. It's closed right there. And nobody ever said nothing about it or
complained. And that makes it even worse for them because you can't even have
traffic go out that way to leave another way. They're boxed in, that the only way in
or out is from 3rd Avenue right down to make a turn into their streets, to go down.
And I don't think there's a single one of us here that if we lived there, we wouldn't be
doing the same thing they are trying to protect their American Dream of their home
where many of them have had their children, some now grandchildren growing up,
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new families that have moved in because they believed in the City of Miami. They
wanted to live here. And now they're going to be faced with a dilemma that is not
going to only devalue the price of their homes, but it's going to make their lives a
living hell there with traffic.
Vice Chair Russell: So, ifI could.
Commissioner Diaz de la Portilla: Do we have any --? Maybe the city attorney --
my understanding -- you're correct, Commissioner. It was more. It was seven,
seven different construction proposals. But my understanding, Commissioner
Watson, is that it was already awarded.
Commissioner Carollo: I'm not sure. I don't believe it was, but I can't tell you for
sure. Last I heard there were two. It came down to two companies, but maybe. You
all might know more than I do now.
Commissioner Diaz de la Portilla: I'm just reading it. So, it's 320 workforce
housing units, 8,530 square feet of commercial space, and 463 parking spaces.
That's the Terra Development Group's proposal. I don't know that that's the one
that was awarded the contract. I may, be wrong, but that's what I think. I haven't
gotten today's news. This was a couple of days ago. It's an RTZ zone. My question
to the City Attorney will be is what legal rights do we have as City Commission other
than, you know, doing a resolution saying don't do it, what legal right do we have to
stop an RTZ development?
Commissioner Reyes: That's a good question.
Commissioner Diaz de la Portilla: We've done it on 27 on 37.
Commissioner Reyes: That's a good question.
Commissioner Diaz de la Portilla: But you're right. There is a very big difference
between 27th Avenue, 37th Avenue and Vizcaya. Because you're right, the 3rd
Avenue, they don 't have any ingress or egress to US 1. I'm going to be honest with
you with all due respect to the residents. I grew up in that area. US 1 has had
traffic since I was born. My parents bought the house in that area because I was on
the way 56 years ago. US I has had traffic for as long as I can remember. So, I
don 't think it's a traffic issue as much of an egress, ingress. And the number of units
they're trying to build in that area doesn't have a different number of, you know,
entries and exits, right, like you have on 27th and Avenue 37th Avenue. So, I'm
sympathetic to what you're thinking. I'm just wondering into what your concerns
are. Very sympathetic. 1 know the area very well. The issue is whether we have --
what legal remedies are available to us and maybe our city attorney --
Vice Chair Russell: Before we get into the remedies, though, I'd like to really set the
stage for the problems that we have here. So, if you could just hold for a second on
that. Rapid training -- rapid transit zoning is preemption of our zoning code. And
everyone hates preemption when it's someone above you. But when you want to step
on someone below you, everyone forgets about their hatred of preemption. We have
a zoning code that has protections in it for neighborhoods. As imperfect as Miami
21 is, it has procedures for changing the zoning of your surrounding neighborhood.
Now, this area is T3-O and T4-R. What's being proposed there, it jumps beyond
that. We wouldn't allow that in our code because you can only jump one transect at
a time, go from single-family, to duplex, from duplex to four-story. For example,
what they do through this preemption is erase our entire ability to give you a voice of
appealing the decision. All the tree protections are removed. All the funds that
would go into our tree trust fund are removed. It just eliminates our code
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whatsoever. The idea of transitional zoning that you go front small up to big is
erased so you could have a 30-story tower right next to a single-family home under
Rapid Transit Zoning. Other places this has happened, it has caused problems
because even though the project is of sincere intention, they want to put density
where they have public transit because it creates organic affordability for people
who won 't need their cars. But if they're not taking into account the impact on the
surrounding neighborhood, they're missing the most important part, right? The
existing residents who live there now. But it doesn't, and this is -- this is a worthy
fight for us to have, if not, to try to kill all their projects simply to make sure we
remain at the table. For example, they've declared the Genting site a Rapid Transit
Zone, which can preempt our Code and our Charter, which requires the baywalk.
They can now develop that property without a baywalk, and it will be the only
missing piece in an entire five -mile linear park on the water. This shouldn't be
allowed to happen. Our tree trust funds shouldn't be starved. Our residents
shouldn't lose their ability to appeal or their voice in a zoning decision. Now, I will
hand it over to the remedy side of things (INAUDIBLE) --
Commissioner Diaz de la Portilla: Of course, that -- look with all due respect, that's
all beautiful and I agree with you. But I'm talking about the legal remedy. That's
what -- that's what I want to hear. I mean, what's the solution.
Vice Chair Russell: I agree with you. My understanding of the solution is that they
can preempt us on code, but they cannot preempt this on the FLUM, future land use
map.
Commissioner Diaz de la Portilla: Right.
Vice Chair Russell: We may have teeth and grounds whether or not they've awarded
it. If they are in violation of our future land use map, we may have standing
grounds, whatever, but I'd love to hear from our legal department.
Commissioner Carollo: That's exactly what I wanted our legal department to give
us. We have some areas there that they're looking into now that I had spoken to our
city attorney to look at that we — hopefully, we'll find them teeth to bite into. And I
believe that they can't go that far on just wiping us out completely. Let me say this
that I think you're going to find that our city attorney is going to be cautious in what
she says now because we 're going to be very serious at looking at every possible
legal angle going into this, including having to get into a up, down fight with the
County and suing them. But, you know, we won the last round that they sued us.
Commissioner Diaz de la Portilla: Yeah.
Commissioner Carollo: You know, it's --
Commissioner Diaz de la Portilla: I have no problem fighting the County.
(UNINTELLIGIBLE) fight.
Commissioner Carollo: They're not the 800-pound gorilla that they think they are.
But I believe that we'd have to find every possible legal solution, and we have to
protect our residents because today's here then what tomorrow? I mean, are we
going to end up that you had this monster called Miami -Dade County that's out of
control that they could do what they want, and the residents have no rights anymore?
I don't think so -- because if that's the case, then I think we need to restructure our
county government. For instance, why do we need Commissioners that are going to
be going against the will of the residents from the County when they don't have any
unincorporated areas within their district. But they want to meddle in the lives of the
residents of the cities that they have a district under.
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Commissioner Diaz de la Portilla: Anyone in particular you're thinking of
Commissioner?
Commissioner Carollo: Oh, my God. I'm not here to get into names or
personalities, but this is a fact. But you know, that's for another time to go into that
issue. Madam City Attorney, I'm sorry, that you're not here with us today. I hope
we didn't lose you on Zoom now. There we go.
Victoria Mendez (City Attorney): No, no, I'm here. I'm here. Commissioner, we
are looking at several avenues with which we can potentially -- I would like to first
reach out to the County and try to use all of your efforts to try and work with them on
this issue. But if not, I think we do have meritorious claims for a lawsuit if that is the
will of the Commission.
Commissioner Reyes: It is.
Commissioner Carollo: Well, it is. And that's why before this item is over, there's
going to be a resolution that's going to be voted upon to give you ample room, to
give them the carrot, but to also use the big stick, if you have to.
Ms. Mendez: Understood.
Commissioner Carollo: Okay.
Vice Chair Russell: Thank you. Commissioner, did you want to open for public
comment?
Commissioner Carollo: Well, I -- I would. I think that if so many people from the
area took time to come today from their jobs, their other activities, they -- they
certainly should have the opportunity to address us and speak to this issue in any
way that they would like to. So, if there's anybody here that would like to address
the Commission, state something other than you've heard, please feel free to come
up to any one of the microphones and we're -- we're here to hear you.
Vice Chair Russell: Thank you. Opening public comment for Discussion Item
Number 4. Good afternoon. You're very welcome. Anyone who would like to speak,
you just state your name, and you have two minutes to say whatever you'd like.
Sorry. Go ahead.
Juan Wolf. Hello. Okay. Good afternoon. My name is Juan Wolf I'm a resident of
the Roads neighborhood. I'm directly impacted by this proposed project. And first
of all, let me say thank you to all of you for taking up this cause and for the very
positive words that we're hearing today. We as a community are already impacted
by current traffic flow because where we live, where Coral Way/22nd turns into 3rd
Avenue, everybody who accesses 1-95, they go to Key Biscayne. They're already
cutting through our neighborhood. So, we have an issue with that alone. There's no
speed bumps. There are traffic circles, but the people just fly through it, and this
would be an additional impact on it. As far as the transit situation, I — I -- I support
transit. I think we need to improve our transit. However, not at the impact of any
community and not something that does not match the location. Downtown, Brickell,
those areas are for taller development of that nature. I don't think a residential
neighborhood is. My parents, as you mentioned, in their town in the City of West
Miami, for taxes, they built a huge project. My parent's street is full of cars, there --
- it -- it's just the quality of living, is -- it -- it's -- it impacts your quality of living.
And I think that this project will definitely affect our quality of life as being a
residential neighborhood. I think that this project does not fit that bill. We're not
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opposed to a development, but it must meet the size and scope of the community that
it represents. 1 live half a block from the station. 1 work half a block from the
station, and I drive every day to work because rapid transit actually takes longer for
me, okay? And in our meetings, we've identified one person in our neighborhood
that uses it to go to work. So, it doesn't fit that bill, the -- the distance does not
support the intention. And I think those are all factors that were not considered.
Nobody's talked to us, nobody's asked questions. And we can answer a lot of those
questions, and it's not going to support the intent and it's going to affect our
neighborhood and ruin it. And I thank you again, and we are here to support you,
and we appreciate you supporting us.
Vice Chair Russell: Thank you for your comments. Is there anyone else you'd like
to speak about the issue?
Rafael Villa: Good afternoon, distinguished Commissioners, Honorable Chairman.
Thank you for your time and we really appreciate. As the gentlemen just mentioned,
we're very concerned with what's going on, obviously with this particular product --
project. I've never been opposed to development. I've always been for development
and growth. But I'm a totally, against disorganized growth. And this is why we have
codes, and this is why we have zoning, and we have rules and policies and
regulations that we have to live by. We're trying to plug in a project that doesn't fit
the profile of a residential community. And obviously, if we allow this to happen, as
Commissioner Carollo just -- Carollo was just mentioning right now, what will be
next? It could be your neighborhood, and I don't think that that's something that we
could support and allow this, you know, romping into communities without even
consulting or following rules, policies, and procedures. So, with that said,
obviously, we have some serious issues of traffic, as it is. Obviously, they're trying
to build retail and commercial space, which it absolutely makes no sense in our
community. And again, it's -- I just like you to please picture yourselves and your
community having a project like this, which is going to have a retail and commercial
space. It's just -- it just doesn't work, or it's not designed to -- for that particular
purpose, not to mention crime, the safety, and security of your communities. And so
-- so it's not the project, and I understand that we -- we don 't want them to
completely cut out any other future projects they have. But we have to take in
consideration that, as we just mentioned, it has to meet the profile and the
requirements for a residential community. Thank you.
Vice Chair Russell: Thank you.
Luis Herrera: Good afternoon. My name is Luis Herrera, president of Vizcaya
Homeowners' Association. We are here today to try to saving our home. You can
see people corning, like you see right here. He left the work to come down here to
you, show you we want to continue saving our home to no intrusion or construction
high rising in the neighborhood. This is the neighborhood -- the Miami 21 been
protecting the neighborhood so far. And we are -- we want to -- you people
protecting us because you people represent the City of Miami. So, in years back,
when that Metrorail be put it in there, they -- they tell on us that station they going to
be only for taking the train to Downtown, Hialeah, and Dadeland. Nothing else,
they're going to keep the two parking lot like it is. It used to be the two parking lot,
used to be (UNINTELLIGIBLE) two cars. So, Dade County decide to take a one
parking lot, rent it, and put it for the school buses. For the cool -- school buses,
people pick it up, the people over there. And then in pandemia, I take a picture of
the other side is full of cars. So, and we live it over there, like me, I live at 60 years
in that particular place in the Roads. And I collecting signatures, send them to Dade
County, complain letters that I had over here. Signature for everybody. Signature
for the Dade County Commissioners. I never have a response from them. So,
please, we need your help. We need to keep it and protect the neighborhood like it
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is. We not against making construction. And that particular place over there is
residential, now down south, it's commercial. They can put it over there, they're not
going to be losing millions of dollars if they put it in another place. This building,
they're not going to be breaking -- I mean bankrupt for one building. They can do in
someplace else; they need it down there in south. So, please help on us to maintain
residential area. Thank you.
Vice Chair Russell: Is there anyone else would like to speak on this item? Anyone?
All right. We'll close public comment. Thank you very much for coming. If you're
here on this item --
Commissioner Diaz de la Portilla: For the record, yes.
Vice Chair Russell: -- if you're here on this item, just to see who's here on this.
Thank you very much. Thanks for coming and thank you for your advocacy.
Commissioner Carollo: Chair?
Vice Chair Russell: Yes, Commissioner.
Commissioner Carollo: Just to put in the record, the -- the impact that this will
have. These amount of units will be the equivalent of having another six -and -a -half
to seven additional streets put in there on both sides. It's a huge amount of
additional units that will have people coming through there. Service trucks going
through there, delivery trucks going through there. So, you know, you could see why
these residents feel the way they do. This is a real life -changing proposal that's
being thrown at them. So, unless there's anything further that any of you would like
to state or discuss, if we could call the question and the resolution to be specific as
we're instructing the City Attorney to do everything within our reach to protect our
residents from this unfair and unwanted intrusion into a residential neighborhood.
Vice Chair Russell: Thank you. There's been a motion; there's been a second.
Commissioner Watson: Mr. Chair.
Vice Chair Russell: Commissioner Watson, you're recognized.
Commissioner Watson: Because I didn't know it was directed to the City Attorney.
She's always in our face with this. This takes it to a whole new level of being in our
face. Let me ask you a question because I have a problem, one, with the County.
But I think what happens is that clearly, they have properties in our district as well
as the School Board. Do we have any sort of vehicle that allows you guys to be at
the table when this stuff is going on? I mean, there's a uniqueness in the project
we're talking about today. Everybody knows that, right? But when there isn't, we
don't really see anything. And my -- and I'm just trying to -- I'm asking now, is
there some way to start talking so that they're not stepping on our folks still trying to
accomplish whatever they're trying to accomplish, and we have some input at the
beginning of the process as opposed to now?
Ms. Mendez: So, Cesar Garcia -Pons can -- can also chime in on this. We are
supposed to be -- the Planning Director is supposed to have a seat in the council, the
lower council meetings when it comes to RTZ projects. I don't know if -- if Cesar
has been able to attend these types of meetings, I believe that they were when
Francisco Garcia, the former Planning Director, was here. But he can maybe shed
a little more light on -- on this issue.
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Commissioner Watson: So, do we -- do we know if anybody was at a table when they
were planning this? Because 1 know what you told me when I asked you a question
about mine. You said Planning don't really care. So, I'm just trying to figure out.
Mr. Garcia -Pons: Cesar Garcia -Pons, Planning Director. So, the RTZ has a couple
of different councils under which they review projects. They have an upper council
and a lower council. We have two seats at the lower council, and we have one seat
at the upper council, depending on the district that we're in. The Downtown has
three seats, actually, in the Downtown and the Brickell area. In Vizcaya, this
particular project hasn't made it to a project level yet. So, they haven't had a
meeting of the council. They are reviewing applications for a potential development.
Once this becomes an actual project, it goes before the RTDIC (Rapid Transit
Developmental Impact Committee). And that is when we participate in those
meetings once a project is proffered.
Commissioner Reyes: Mr. Chair. Mr. Chair.
Vice Chair Russell:: Yes.
Commissioner Reyes: Correct me if I'm wrong. There are two councils, right?
Mr. Garcia -Pons: Yes, sir.
Commissioner Carollo: One is the upper council, where we have voice and vote.
Mr. Garcia -Pons: We have a voice and vote in both councils.
Commissioner Reyes: In the lower council also?
Mr. Garcia -Pons: Yes. And it --
Commissioner Reyes: How many -- how many people do we have in the lower
council?
Mr. Garcia -Pons: So, it depends on the district. It's actually fairly complex per
different RTZ area. And this one, it -- it's the regular City of Miami process. We
have two seats in the lower council to provide comments.
Commissioner Reyes: To provide comments. But do we have any -- I mean, does
our vote has any weight or it is counted? Or we can have a voice, but then that's it.
Mr. Garcia -Pons: It -- it is -- it's -- it's a recommendation.
Commissioner Reyes: It's a recommendation. That and in the upper council, real --
our voice has more weight.
Mr. Garcia -Pons: So, it depends again on the district. I'll have to take a look at the
specific one, but --
Commissioner Reyes: Okay.
Mr. Garcia -Pons: -- each of them have slightly difference. There is a vote, but it's
still a vote of many people.
Commissioner Reyes: How do one of these projects get in the upper council and the
lower council?
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Mr. Garcia -Pons: What was the question again, sir?
Commissioner Reyes: How any of these projects wind up in the upper or the lower?
How do you decide who's on the upper and who 's on the second?
Mr. Garcia -Pons: It goes through both.
Commissioner Reyes: It goes through both.
Mr. Garcia -Pons: It goes through the lower council first, which is usually staff.
Commissioner Reyes: Okay.
Mr. Garcia -Pons: And then it's elevated to the upper council, which are other
voting members.
Commissioner Reyes: All the -- it's that county commissioners or what?
Mr. Garcia -Pons: I'll have to check -- I have to check the makeup of it. I know that
as staff we sit on the lower council for recommendation and a certain RTZ zones, the
City sits in the upper council.
Commissioner Reyes: Had this -- this project gone through any of the councils?
Commissioner Watson: That's what I'm trying to --
Mr. Garcia -Pons: This project, no. It's not -- it's not technically a project yet, so it
hasn't gone through that process.
Commissioner Reyes: Okay. Okay. So, we're -- we're on time that we can influence
that maybe we can change the mind of the council?
Mr. Garcia -Pons: So, again, we are on the council. I think there's two things that
the -- the current location is in the procurement of a project, which means we
haven 't gotten to RTDIC yet.
Commissioner Reyes: Okay.
Mr. Garcia -Pons: We have an opportunity to review a project once it gets there for
recommendations. I think one of the Commissioners' questions was, can we start
commenting sooner?
Commissioner Reyes: Yes.
Mr. Garcia -Pons: And that is not part of the legislation. Now, the County had a
selection committee to select these term -- these groups, and this -- we were not on
that selection committee.
Commissioner Reyes: Okay. Okay. Well, Madam City Attorney, you have your
marching orders.
Vice Chair Russell: Well, we haven't voted yet.
Commissioner Watson: We still --
Commissioner Reyes: You will have.
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Commissioner Watson: You know, I'm just trying to make sure that Commission has
more teeth in what we're doing. So, you're saying until its awarded, then we have
no say-so based on this process.
Mr. Garcia -Pons: Until it's a project that's being reviewed by the RTDIC lower
council, we -- they don 't have to inform us.
Commissioner Watson: But that means once it's awarded.
Mr. Garcia -Pons: Yes, sir. Has to be -- it has to be a project.
Commissioner Watson: Then that's kind of a silly process. Once it's awarded, if we
reject it, or your recommendations are rejected then they can sue. So, why would
they not wait for that?
Mr. Garcia -Pons: Again, I can't speak for what the County has done or has not
done. It's the award project. My understanding is not an actual project yet. It's an
idea for a project. Once they flush it out, it becomes a project that was reviewed by
staff members. Right now, they selected a team based on --
Commissioner Diaz de la Portilla: By county staff members.
Mr. Garcia -Pons: Excuse me?
Commissioner Diaz de la Portilla: By county staff members.
Mr. Garcia -Pons: No, the lower DIC, the lower council --
Commissioner Diaz de la Portilla: They have their own staff.
Mr. Garcia -Pons: -- is -- is made up of --
Commissioner Diaz de la Portilla: How many members?
Mr. Garcia -Pons: It depends, but the City has two members on the lower council.
Commissioner Diaz de la Portilla: How many total members?
Mr. Garcia -Pons: I'm going to say seven, but 1 need to look it up.
Commissioner Diaz de la Portilla: Okay. And the upper counsel, how many total
members and how many City?
Mr. Garcia -Pons: Again, I'll have to check. I think it's five.
Commissioner Diaz de la Portilla: Five total.
Mr. Garcia -Pons: (INAUDIBLE).
Commissioner Diaz de la Portilla: That's important because, you know, we want to
know how we'd get to majority.
Mr. Garcia -Pons: I'm going to feel better when I look it up. Let me look it up and
then --
Commissioner Diaz de la Portilla: I thought you would know that.
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Commissioner Watson: So, you haven't seen -- you haven't seen this project at all?
Mr. Garcia -Pons: No, sir. This has not been through the DIC process yet.
Commissioner Watson: Okay. So, then all right. Thank you.
Vice Chair Russell: We're all done.
Commissioner Diaz de la Portilla: So, that's an — (UNINTELLIGIBLE). So, that's
an additional remedy we have available. So, there could be a debate at that level,
correct?
Mr. Garcia -Pons: Yes, sir. The project will be reviewed by the lower and upper
councils at a future time.
Commissioner Diaz de la Portilla: And who represents the City in that lower
council? First, goes to the --
Mr. Garcia -Pons: We have two positions --
Commissioner Diaz de la Portilla: To who -- who, you?
Mr. Garcia -Pons: We have two positions, that's currently the Planning and Zoning
directors.
Commissioner Diaz de la Portilla: That's you?
Mr. Garcia -Pons: Yeah.
Commissioner Diaz de la Portilla: And the other one?
Mr. Garcia -Pons: The Zoning Director.
Commissioner Diaz de la Portilla: The Zoning Director. Okay.
Commissioner Reyes: Mr. Chair --
Commissioner Diaz de la Portilla: So, you know what this Commission we're
going to go obviously.
Mr. Garcia -Pons: Yeah.
Commissioner Diaz de la Portilla: But you know what this Commission is thinking,
right?
Mr. Garcia -Pons: Of course.
Commissioner Diaz de la Portilla: So, you already know what you need to do when
you get there, right?
Mr. Garcia -Pons: We always do.
Commissioner Diaz de la Portilla: Okay, good. Well, not always. Not always. But
today it will be clear.
Mr. Garcia -Pons: Yes, sir.
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Commissioner Diaz de la Portilla: Okay.
Commissioner Reyes: Mr. Chair. Question, are those meeting public-- open to the
public?
Mr. Garcia -Pons: They are.
Commissioner Reyes: So, the residents could come and object to the -- I mean,
express their opinion and that they are going to be -- they could be heard?
Mr. Garcia -Pons: It is -- it's a public meeting noticed, and it's held at the Stephen
P. Clark Center.
Commissioner Reyes: And then -- but there's also plenty of information that they
know when those meetings are taking place and where.
Mr. Garcia -Pons: I can't speak for the County, sir, but I'll check.
Commissioner Reyes: Could you -- could you please make sure that if this is going
to be taken by either one of the councils, since it's a public meeting, that the
residents are informed so they can participate since their lives are going to be
affected. They can participate in the discussion.
Mr. Garcia -Pons: We'll be happy to share the information.
Commissioner Reyes: Okay. Thank you.
Commissioner Diaz de la Portilla: Also make sure -- I mean, make sure that you
have other information, contact information, everything else, and let then know that
meeting is going to take place. And obviously, you're going to be there, and the
Planning -- and the Zoning Director is going to be there, and you're going to
advocate for whatever this council -- this Commission votes for, correct?
Mr. Garcia -Pons: Yes, sir.
Vice Chair Russell: Thank you. So, the discussion item is over. We have a
resolution on the floor. Is anyone from the public who'd like to speak on the
resolution? Seeing that, I'll close public comment. Any further comments from the
dais? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Any opposed? Motion passes. Thank you very much. Thanks
for coming. Are we ready to --?
Applause.
Vice Chair Russell.. Thank you.
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NA.5
9362
City Commission
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO REPORT TO THE CITY COMMISSION,
WITHIN FOURTEEN (14) DAYS, THE STATUS ON CODE
ENFORCEMENT LEGISLATION ADOPTED BY THE CITY
COMMISSION AS IT PERTAINS TO RESOLUTION NO. R-16-0372,
ADOPTED ON JULY 29, 2016, DIRECTING THE CITY
ADMINISTRATION TO AUTOMATICALLY SEND ALL PROPERTIES
THAT HAVE RECEIVED THREE (3) OR MORE OF THE SAME
VIOLATIONS WITHIN THE SAME YEAR TO THE CODE
ENFORCEMENT BOARD OR SPECIAL MASTER; ORDINANCE
NO. 13809, ADOPTED ON NOVEMBER 15, 2018, REGARDING
VIOLATIONS OF VALET PARKING AND PARKING SURCHARGE
REQUIREMENTS PURSUANT TO SECTION 35-312 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"); RESOLUTION NO. R-19-0112, ADOPTED ON MARCH 14,
2019, ESTABLISHING TIMEFRAMES FOR COMMERCIAL AND
NON-RESIDENTIAL PROPERTY TO BE SET FOR HEARING
FOLLOWING A NOTICE OF VIOLATION; RESOLUTION NO. R-19-
0421, ADOPTED ON OCTOBER 24, 2019, DIRECTING THE CITY
MANAGER TO IMPLEMENT A PROGRAM TO MONITOR REPEAT
VIOLATORS AND EXPEDITE HEARINGS FOR THOSE
VIOLATORS AND PROVIDE FOR CONTINUED MONITORING AND
FOR ENHANCED PENALTIES AS ALLOWED; RESOLUTION NO.
R-21-0189, ADOPTED ON MAY 13, 2021, DIRECTING THE CITY
MANAGER TO SET UP A REVIEW SYSTEM TO BETTER
ENFORCE EXISTING CITY CODE SECTIONS PERTAINING TO
NOT ISSUING BUILDING PERMITS WHEN THERE ARE
OUTSTANDING VIOLATIONS, LIENS, INVOICES OR OTHER
MONIES OWED THE CITY; AND RESOLUTION NO. R-21-0190,
ADOPTED ON MAY 13, 2021, WHICH RECOMMENDED THE CITY
MANAGER DETERMINE SUFFICIENT BUILDING AND CODE
COMPLIANCE STAFF FOR NIGHTS AND WEEKEND SHIFTS AND
TO ADD A SUNDAY OVERNIGHT; FURTHER SUBJECTING THE
CITY MANAGER TO DISCIPLINE SHOULD THERE BE A FAILURE
TO CARRY OUT THE ORDINANCE AND DIRECTIVES.
ENACTMENT NUMBER: R-21-0298
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Alex Diaz de Ia Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: Russell, Carollo, Reyes, Watson
ABSENT: Diaz de Ia Portilla
Note for the Record: For minutes referencing Item NA.5, please see Item DL3.
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NA.6
9357
Office of the City
Clerk
ADJOURNMENT
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE
APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES:
Alicia Cervera Lamadrid
Richard Lydecker
ENACTMENT NUMBER: R-21-0299
MOTION TO:
RESULT:
MOVER:
SECONDER:
AYES:
NOMINATED BY:
DDA Board of Directors
DDA Board of Directors
Adopt
ADOPTED
Manolo Reyes, Commissioner
Ken Russell, Commissioner
Russell, Diaz de la Portilla, Carollo, Reyes, Watson
Note for the Record: A motion was made by Commissioner Reyes, seconded by Vice
Chair Russell, and was passed unanimously, to confirm Alicia Cervera Lamadrid
and Richard Lydecker as members of the Downtown Development Authority;
further waiving the term limits of Code Sections 2-885(b) and 14-52(c) by a
unanimous (5/5) vote of the members of the City Commission, as it relates to Alicia
Cervera Lamadrid and Richard Lydecker as members of the Downtown
Development Authority.
Vice Chair Russell: One more issue with boards and appointments?
Nicole Ewan (Assistant City Clerk): For BC.11, for Downtown Development
Authority, I needed a 5-5 term waiver for Alicia Cervera Lamadrid and Richard
Lydecker.
Vice Chair Russell: Moved by Commissioner Reyes, seconded by the Chair. All in
favor, say "aye."
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
Ms. Ewan: Thank you.
The meeting adjourned at 7:12 p.m.
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