HomeMy WebLinkAboutCC 2024-03-14 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Thursday, March 14, 2024
9:00 AM
City Commission Meeting
City Hall
City Commission
Francis X. Suarez, Mayor
Christine King, Chair, District Five
Joe Carollo, Vice Chair, District Three
Miguel Angel Gabela, Commissioner, District One
Damian Pardo, Commissioner, District Two
Manolo Reyes, Commissioner, District Four
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Minutes March 14, 2024
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, Commissioner Pardo
and Commissioner Reyes
On the 14th day of March 2024, 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 Chairwoman King at 9:15 a.m.,
recessed at 12:46 p.m., reconvened at 3:10 p.m., recessed at 6:49 p.m., reconvened at 8:04
p.m., recessed at 8:10 p.m., reconvened at 9:08 p.m., and adjourned at 9:18 p.m.
Note for the Record: Commissioner Carollo entered the Commission chambers at 9:54 a.m.
ALSO PRESENT:
Arthur Noriega, V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
Chair King: And at this time, we are going to begin our meeting as we always do with prayer. We
have Pastor Wilson. Please come forward to lead us in prayer this morning.
Invocation delivered.
Pledge of allegiance delivered.
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Meeting Minutes
March 14, 2024
PR - PRESENTATIONS AND PROCLAMATIONS
PR.1 PROTOCOL ITEM
15749
Honoree
Presenter
Protocol Item
Liberty City Warriors Girls' Flag Football
Team
Mayor and Commissioners
Salute
Jackson Memorial Health Foundation
Mayor and Commissioners
Proclamation
Dr. Nzeribe (Zerry) Ihekwaba
Mayor and Commissioners
Proclamation and
Commendation
Athletic Trainers' Association of Florida,
Inc.
Mayor and Commissioners
Proclamation
RESULT:
PRESENTED
Chair King: Good morning. Welcome to the City of Miami Commission meeting for
March 14, 2024. Thank you for waiting for us. We had a huge announcement to make.
We received a grant for $60-plus million for the Underdeck project that's located in
Overtown. It is a huge accomplishment.
Mayor Suarez: This is literally one of the most significant things that have happened
in my time as mayor, because this is in the new reconstructed 395 that you guys are
seeing being built right now, right next to the School Board headquarters. And this is
going to open up a multi -- like 50-acre park for the community. So that's what the
money is for. So when you think about --
Applause.
Mayor Suarez: I like to say that parks have infinite value because they're there
forever and they're there for everyone for the rest of our lives so --
Applause.
Chair King: That's right. And we are going to get that space right. We are going to
curate that space with compassion and respect for the community. So, forgive us for
being outside. You know, we try to start on time. At this time, we are going to
recognize some fantastic accomplishments.
Presentations made.
1) Mayor Suarez and Commissioners saluted the Liberty City Warriors Girls' Flag
Football team in recognition of their outstanding achievement and sportsmanship
and proudly commended their exceptional performance in the 10 and under and 12
and under divisions, triumphing against all -boys teams, and showcasing dedication
and talent. With two championships in a City of Miami league and notable success
in NFL (National Football League) regionals. Elected Officials extended their
appreciation to the coaches and parents whose positive influence has shaped a
conducive environment for success. Two of the teams finished nationally ranked
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Meeting Minutes March 14, 2024
after winning the Houston Texas Regional and qualified ,for the NFL Regional in
Orlando during Pro Bowl weekend. Out of 200 teams in the 12 and under division
the Warriors placed 3rd in the country and for the 17 and under out of 260 teams in
the country the Warriors. finished llth in the country. Elected Officials paused in
their deliberations to commend the Liberty City Warriors Girls' Flag Football. This
salute is a symbol of gratitude_ for their commitment to excellence and_ for serving as
inspiring role models to the youth in the City of Miami.
2) Mayor Suarez and Commissioners presented a Proclamation to Jackson Health
Foundation. On April 4, 2024, the Jackson Health Foundation will inaugurate a
momentous day of giving, dedicated to raising funds exclusively for the Jackson
Health System, our esteemed community's nonprofit academic medical institution
providing unparalleled, world -class care for all. Throughout its distinguished 105-
year history, Jackson Health System has achieved numerous medical firsts and
milestones, steadfastly upholding its honorable mission to deliver a singular, high
standard of quality care to the residents of Miami -Dade County, irrespective of their
ability to pay. Major projects such as the Jose Milton Memorial Hospital at Jackson
West Medical Center and the Christine E. Lynn Rehabilitation Center for The Miami
Project to Cure Paralysis at UHealth/Jackson Memorial showcase Jackson's
commitment to accessibility for everyone in South Florida. Elected Officials
recognize and celebrate communal solidarity, urging all residents to actively
participate in the Jackson Health Foundation, thereby proclaiming April 4, 2024, as
"Jackson Health Foundation Day" in the City of Mimi.
3) Mayor Suarez and Commissioners presented a Proclamation and Commendation to
Dr. Nzeribe (Zerry) Ihekwaba. Dr. Ihekwaba is an accomplished professional
licensed in Civil Engineering in the States of Florida and Georgia as well as abroad
and has been in public service for over 20 years, with nearly 14 of those as an
employee of the City of Miami. Dr. Ihekwaba earned his Civil Engineering degree at
the University of Nigeria in 1985 and his doctorate (Ph.D.) in Structural and
Materials Engineering at Queen's University in Kingston, Ontario, Canada in 1996.
From 1985 to 1990, Dr. Ihekwaba worked as a licensed professional civil/structural
engineer abroad, completing his post -doctoral research in infrastructure
engineering between 1991 and 1996. Dr. Ihekwaba moved to Miami, Florida, where
he served as Vice -President of PAWA Complex International, Inc. and remained in
that capacity until 2002 when he joined the Miami -Dade County Water and Sewer
Department (WASD). In May 2010, Dr. Ihekwaha joined the City of Maimi following
a successful tenure with WASD. At the time, Dr. Ihekwaba was appointed as the
Director of Public Works Department and the Supervisor of Plats, where he served
for over four years and oversaw, among other responsibilities, the stormwater
utilities and all engineering regulatory functions and maintenance of City streets and
right of way infrastructure. In May 2014, after proving himself an invaluable part of
the City's leadership, Dr. Ihekwaba was appointed as Assistant City Manager;
serving in capacities as the City's Chief Operations Officer and, most recently, as
the City's Chief of Infrastructure, overseeing the departments of Building, Planning,
Zoning, Capital lmprovenzents, and Resilience and Public Works. In May 2021, in
recognition of his dedication, continued excellence in leadership, and encyclopedic
comprehension of the City, Dr. Ihekwaba was appointed Deputy City Manager of the
City of Miami, with continued oversight of the City's infrastructure departments; and
as Deputy City Manager, Dr. Ihekwaba has demonstrated integrity, competence in
navigating complex challenges, and a proven commitment to enhancing the quality
of lives of the City's residents, businesses, and visitors through public engagement,
transparency, accountability. Elected Officials paused in their deliberations to
comment and congratulate on the occasion of Dr. Ihekwaba's retirement from the
City. It is noted that his daily presence will be deeply missed by his colleagues who
have benefited from his knowledge and his steady and stoic leadership. Dr.
Ihekwaba, a dedicated public servant, will be joining the City of Homestead as City
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Meeting Minutes March 14, 2024
ORDER OF THE DAY
Manager, a much -deserved role where he will continue to elevate the community he
serves, as he did in the City of Miami for so many years.
4) Mayor Suarez and Commissioners presented a Proclamation to the Athletic
Trainers' Association of Florida, Inc (ATAF). Athletic Trainers' Association of
Florida was .founded in 1983 as an organization committed to the education of its
members and the enhancement of the profession of athletic training, creating better
health care for the population it serves. Athletic Trainers from professional,
collegiate, high school, and club sports teams, industries, hospitals, rehabilitation
clinics, collegiate and secondary school education, public safety including law
enforcement and fire rescue/first responders and every branch of the United States
military work together to promote and practice the profession of athletic training
within the City of Miami. The National Athletic Trainers' Association represents and
supports more than 45,000 members of the athletic training profession, including
more than 3049 Athletic Trainers in the State of Florida, and approximately 281
Athletic Trainers in Miami. They are the leading organization concerned with
athletic training and health care and have united in a common commitment to raise
public awareness of the importance of the profession of athletic training and the role
ofAthletic Trainers in the provision of quality health care services. National Athletic
Training Month (NATM) is held every March to spread awareness about their
important work. Elected Officials paused in their deliberations of governance to
proclaim the month of March as `National Athletic Training Month" in the City of
Miami.
Chair King: At this time, the City Attorney will read his statement into the record for
this meeting. Thank you.
George Wysong: Good morning, Madam Chair, George Wysong, Deputy City
Attorney. Welcome to the City of Miami Commission meeting of March 14, 24 --
wait, I'm sorry. Detailed information about the processes, order of business, rules of
procedure and scheduling or rescheduling of City Commission meetings can be
found in Chapter 2, Article 2 of the City Code, a copy of which is available online at
www.municode.com. Any person who is a lobbyist, pursuant to Chapter 2, Article 6
of the City Code, must register with the City Clerk and comply with related City
requirements for lobbyists before appearing before the City Commission. A person
may not lobby a City official, board member, or staff member until registering. A
copy of the code section about lobbyists is available in the City Clerk's Office or
online at www.municode.com. Any person making a presentation, formal request, or
petition to the City Commission concerning real property must make the disclosures
required by the City Code in writing. A copy of the City Code section is available in
the office of the City Clerk or online at www.municode.com. The City of Miami
requires that anyone requesting action by the City Commission must disclose before
the hearing any consideration provided or committed to anyone for agreement to
support or withhold objection to the requested action, pursuant to City Code Section
2-8. Any documents offered to the City Commission that have not been provided 10
days before the meeting as part of the agenda materials will be entered into the
record at the City Commission's discretion. In accordance with Section 2-33(f) and
(g) of the City Code, the agenda and the material for each item on the agenda is
available during business hours at the City Clerk's Office and online 24 hours a day
at www.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 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
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Meeting Minutes March 14, 2024
submitting written comments via the online comment form. Please visit
www.miamigov.com/meetinginstructions for detailed instructions on how to provide
public comment using the online public comment form. The comments submitted
through the comment form have been and will he distributed to the elected officials,
their staff and City Administration throughout the day so that the elected officials
may 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, their staff and the City Administration up until the
time the chairperson closes public comment. Public comment may also be provided
live at City Hall, located here at 3500 Pan American Drive, Miami, Florida, subject
to any and all City rules as they may be amended. If a proposition is being
considered or rescheduled, the opportunity to be heard may be at such later date
before the City Commission takes action on such a proposition. When addressing the
City Commission, the member of the public must first state their name, their address,
and what item will be spoken about. Any person with a disability requiring
assistance, auxiliary aids, and services for this meeting may notes the City Clerk.
The City has provided different public comment methods to indicate, among other
things, the public's support, opposition, or neutrality on the items and topics to be
discussed at the City Commission meeting in compliance with Section
286.0114(4)(6)(c) of Florida Statutes. The public has been given the opportunity to
provide public comment during the meeting and within reasonable proximity and
time before the meeting. Please note Commissioners have generally been briefed by
City staff and City Attorney's Office on items on the agenda today. Anyone wishing a
verbatim record of an item considered at this meeting may request it at the Office of
Communications or view it online at www.miamigov.com. For the PZ (Planning and
Zoning) items, PZ items shall proceed according to Section 7.1.4 of the Miami 21
Zoning Ordinance. Parties for PZ items, including any applicant, appellant,
appellee, City staff and any person recognized by the decision -making body as a
qualified intervenor, as well as the applicant's representatives and any experts
testifying on behalf of the applicant, appellant, or appellee may be physically present
at City Hall to he sworn in by oath or affirmation by the City Clerk. The members of
the City Commission shall disclose any ex parte communications to remove the
presumption of prejudice pursuant to Florida Statute Section 286.0115 and Section
7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set
forth in Miami 21 and the City Code. Staff will briefly present each item to be heard.
The applicant will present its application or request to the City Commission. If the
applicant agrees with the staff recommendation, the City Commission may proceed
to its deliberation and decision. The applicant may also waive the right to an
evidentiary hearing on the record. For appeals, the appellant will present its appeal
to the City Commission followed by the appellee. Staff will be allowed to make any
recommendation they may have. Please silence all cell phones and other noise -
making devices. This meeting can be viewed live on Miami TV, miamigov.com/tv, the
City's Facebook page, the City's Twitter page, the City's YouTube channel, and
Comcast Channel 77. This broadcast will also have closed captioning. Thank you.
Chair King: Thank you, Mr. City Attorney. Mr. City Clerk, would you please read
your statement?
Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who
will be providing testimony to be sworn in for Planning and Zoning items and any
quasi-judicial items on today's City Commission 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 have finished 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.
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Commissioners, are you comfortable with all the notice provisions set forth in these
uniform rules and procedures we have established for this meeting?
Chair King: Yes.
Mr. Hannon: Chair, may I administer the oath for the Planning and Zoning items?
Chair King: Please.
Mr. Hannon: Good morning, ladies and gentlemen. If we will be speaking on any of
today's Planning and Zoning items -- they are the PZ items -- may I please have you
stand and raise your right hand? Only the PZ items.
The City Clerk administered oath required under City Code Section 62-1 to those
persons giving testimony on zoning items.
Mr. Hannon: Thank you, Chair.
Chair King: Thank you. I would also like to announce that this meeting is the only
meeting for the month of March. Where we usually have two meetings, our second
meeting has been canceled. This will be the only meeting for the month of March.
And at this time, Mr. City Manager, do you have any items that will be deferred or
withdrawn from our agenda?
Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners',
Madam -- Mr. City Attorney, Mr. City Clerk. The Administration would like to defer
and/or withdraw the following items: PH3, to be indefinitely deferred; RE.5, to be
deferred to the April llth meeting; FR.1, to be deferred to the April Ilth meeting;
FR.4, to be withdrawn; FR.6, to be deferred to the April 11 th meeting; FR.8, to be
deferred to the April 25th meeting; DI.7, to be deferred to the April llth meeting;
and PZ.1, to be withdrawn.
Chair King: Mr. Vice Chair, do you have any items that you would like to withdraw
or defer from this agenda?
Vice Chair Carollo: Yes, PZ.6 until --
Chair King: Can't hear you.
Vice Chair Carollo: PZ.6.
Chair King: Until?
Vice Chair Carollo: The May meeting, to give an executive director time to come on
board.
Chair King: Commissioner, would --? Commissioner Pardo?
Commissioner Pardo: No.
Chair King: Commissioner Reyes? May I have a motion to --?
Mr. Hannon: Chair, my apologies. I'm sorry, PZ.6 is being deferred to what meeting
date?
Vice Chair Carollo: May.
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Chair King: First meeting in May.
Mr. Hannon: So, that'll be May 9.
Chair King: May I have a motion?
Vice Chair Carollo: Move.
Commissioner Gabela: I'm sorry, excuse me. Can you repeat just the items very brief
because I missed two or three of them? I'm sorry.
Chair King: Sure.
Commissioner Gabela: Can you repeat it?
Chair King: I'll make sure that I have it correct as well.
Commissioner Gabela: I apologize for that.
Chair King: PH3 is indefinitely deferred.
Commissioner Gabela: PH.3.
Chair King: Indefinitely deferred.
Commissioner Gabela: Okay.
Chair King: RE.5, deferred until April 11 th.
Commissioner Gabela: RE.5, okay.
Chair King: FR.1 --
Commissioner Gabela: Yep.
Chair King: -- deferred until April 11 th.
Commissioner Gabela: Okay.
Chair King: FR.4 is withdrawn.
Commissioner Gabela: FR.6, FR.8. Okay, I got it now.
Chair King: Got it?
Commissioner Gabela: Yeah, I'm good.
Chair King: Okay. I'd like to add to that RE.7 to be deferred.
Commissioner Gabela: Why?
Chair King: The -- I got a request from the Mayor's Office.
(COMMENTS MADE OFF THE RECORD)
Chair King: To defer RE.7.
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Commissioner Gabela: 1 don't want to defer RE.7. Should we take a motion to see
where we're at?
Chair King: Okay, let's leave that one out for a second. Do I have a motion for --
Vice Chair Carollo: Move.
Chair King: -- to set the agenda?
Vice Chair Carollo: Move.
Commissioner Gabela: Second.
Chair King: I have a motion. Do I have a second?
Commissioner Gabela: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: The motion has been set.
Vice Chair Carollo: Can -- Commissioner Gabela, for the sake of moving forward --
there's a lot of people here today -- can we discuss that later?
Commissioner Gabela: Absolutely.
Vice Chair Carollo: Before we decide to take it.
Commissioner Gabela: Absolutely.
Vice Chair Carollo: Thank you.
Commissioner Gabela: You're welcome.
Chair King: And at this time, I'm going to open the floor for public comment.
Commissioner Pardo: Madam Chair, I just wanted to make two quick mentions. I
wanted to --
Chair King: Go ahead, go ahead.
Commissioner Pardo: -- before public comment, I wanted to thank City of Miami
Police. I happened to attend the Kiwanis Calle Ocho and I thought it was an
amazing event, extremely well organized. So, commend City of Miami Police. I also
wanted to commend our staff that worked on RTZ (Rapid Transit Zone) zoning. I
think they did an amazing job and I look forward to the next steps.
Chair King: Thank you.
Mr. Hannon: And then Chair --
Chair King: Mr. City -- Mr. City Attorney.
Mr. Wysong: I think we're both going to mention that there's potentially two pocket
items that we should bring up so that they can be discussed during public comment.
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[Later... J
Chair King: I believe there are two pocket items that were not mentioned, and we
need to mention the pocket items so that they can -- so you can have notice of them
and talk about them if you like. Go ahead, Mr. City Manager.
Arthur Noriega (City Manager): Well, I don 't have the pocket items --
George Wysong (Deputy City Attorney): Well, I'll go ahead and --
Mr. Noriega: -- the City Attorney does.
Mr. Wysong: -- I'll read the titles. Number one is --
The Resolution was read by title into the public record by Deputy City Attorney
George Wvsong.
Mr. Wvsong: That's one. And then the number two is --
The Resolution was read by title into the public record by Deputy City Attorney
George Wysong.
Mr. Wysong: That's the two pocket items, Madam Chair.
Chair King: Thank you.
[Later... ]
Chair King: One housekeeping measure. I need to indefinitely, defer PZ.7 and PZ.8,
as requested by the developer. May I have a motion?
Vice Chair Carollo: (INAUDIBLE).
Chair King: 7 and 8.
Commissioner Pardo: I'll make the motion.
Chair King: I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries. PZ.7 and 8 are indefinitely deferred.
PUBLIC COMMENT FOR ALL ITEM(S) ON THE AGENDA
15745 DISCUSSION ITEM
Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE
Clerk PUBLIC FOR THE MARCH 14, 2024, CITY COMMISSION MEETING.
RESULT: PRESENTED
Chair King: Hold on a second. Everyone that's at the podium, we're only having five
persons at a time to speak so that we do not create a fire hazard and someone sues us.
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So, please, five persons at a time at the podium. And 1 would also like to have our
school board member, if you don't mind, come up and speak first. Elvis, do you mind?
Elvis Cruz: No.
Chair King: Thank you.
Mr. Cruz: And everybody, I'd like to announce that tomorrow is the Chairwoman's
birthday.
Chair King: Oh, my goodness.
Commissioner Gabela: Happy birthday.
Applause.
Mr. Cruz: 29?
Chair King: Again.
Dorothy Bendross-Mindingall: Happy birthday, to you. Good morning, everyone. I
usually would say good morning, boys and girls. Remember, I'm a principal and all of
that. Good morning, Madam Chair, and all the Commissioners, and of course, this
audience. I am Dorothy Bendross-Mindingall.
(COMMENTS MADE OFF THE RECORD)
Ms. Bendross-Mindingall: Thank you, sir. And I came just to talk to you about the
wonderful gift that we all love. We call them children. So, I brought a board item,
Dade County Public Schools, and it is to hopefully assist in item RE.2, which is the
item of the Miami Commissioner Miguel Gabela.
Commissioner Gabela: That's me.
Ms. Bendross-Mindingall: Yes, sir. Yesterday we passed an item at our school board
unanimously. And I want you to know, of course, it is unusual for the board to take a
position on other governing bodies' legislation. But we feel strongly that this is in
support offamilies and children and the residents, at this time, for District 2, which is
the district that I represent. Over the course of many years, our board developed a
strategy in collaboration with the Omni CRA (Community Redevelopment Agency)
and the City of Miami to redevelop 21 acres of our joint properties. We had a plan
that would bring additional educational seats, including doubling the size of iPrep,
which is a school in my district. We included a new Phyllis Wheatley, housing that
would be affordable to our local workforce, primary learning centers, and residential
buildings, and which we all agree to, we need green space. We were ready to move
forward, and we remain ready to move forward. Our district is a leader in the nation.
We work for solutions, and this time we're including housing, and of course, newer
educational institutions. We have delivered in Brickell. We are ready to move forward
with the Omni CRA, the City of Miami, and the private sector. To that end, my item
also authorizes the superintendent to enter into discussions with representatives of the
City of Miami and all other concerned individuals as appropriate. We're trying to --
we're working on expanding iPrep. We have to relocate as necessary. We want to
make sure that we engage in fairness. Please understand that we will stay on top of
this. We want solutions. We want to do this for our children and families. We stand
with our parents to move the possibilities forward. We are ready to sort out solutions,
as I said, together. We support Commissioner Gabela's item. We are proud of his
leadership, and whatever is needed, we will be there to provide it. So, hopefully, we
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can get to the table to work on next steps as soon as the item is taken care of. Thank
you for allowing a teacher to come before you. God bless you, and I'll see you on the
journey.
Applause.
Chair King: Thank you. Okay. You know, we don 't clap unless we're -- so, I'm going
to allow that for our school board member. We share a district. We serve together.
We're going to allow that.
[Later...]
Chair King: And now we will begin. Okay. Mr. Superintendent, would you like to
make any comments? Come on. Thank you, Elvis. Mr. Superintendent, but you will be
held to our two minutes.
Jose Dotres: Absolutely. Thank you very much. Good morning, Madam Chair,
Commissioners, Mr. Manager. It's a pleasure to be here today. My name is Jose
Dotres, Superintendent of Schools. I'm here to speak on behalf of Resolution 8. Over
the course of the many years, and of course, Dr. Bendross-Mindingall mentioned this,
we have worked, our school district, with the City in terms of sharing and being able
to provide a plan of our collective 21 acres. This has been done to address the vital
needs of our students, of our families, of our community. And part of this has always
been about amplifying the number of student seats and also the need for green space.
I must tell you that iPrep is a very unique school. Within our portfolio of over 360
schools, it is the only K-12 configuration of a school, and currently it has 1,500
students on the waitlist. We stand ready to reconnect and begin our collaboration
again, and our plan will get done expeditiously. I believe this is a great time to be
inclusive and begin to work together again. Thank you very much.
Chair King: Thank you, Mr. Super --
Applause.
Chair King: I'll put you out next time. Madam School Board Member. Last one, Elvis.
Lucia Baez -Geller: So sorry. Good morning, Madam Chair, Commissioners. I am
Lucia Baez -Geller. I'm a Miami -Dade County Public School Board member
representing District 3, which incorporates parts of downtown Brickell and Coconut
Grove, all of my constituents who would hold ready to benefit from this iPrep
expansion, and I'm here today to express my personal support for agenda item RE.8.
Yesterday what we did through Dr. Dorothy Bendross-Mindingall's item is that we
cemented on the record the School Board's commitment to this iPrep expansion, to
this relocation component. And with our superintendent here, we are ready. I
reinforce and I echo all of the sentiments. Miami -Dade County Public Schools is
ready. We are committed, we are speaking in ,favor of this item, we lend our full
support and with that comes the whole weight of our school system, which as you
know, educates 352,000 students. We are the heart and soul of this community. And so
we need this project, which would be so impactful to so many. Because today, RE.8, it
gets us one step closer towards realizing a vision for our students that's not just an
expansion, but it's a promise. It holds with it the promise of future community
outreach here in Miami -Dade. This is a collaboration, it's crucial, and it will
absolutely, revitalize this area of our community that needs more opportunities for our
students. We are all better when we provide our students more opportunities. So, we
here, everybody, we stand in support of these parents who have so many -- who have
worked so hard because they know, they see the potential of this land, they know what
it means, and we at Miami -Dade County Public Schools, we're going to champion
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this initiative and we hope that we will come together, your representative and ours.
Thank you, Commissioner Gabela, for this item, for opening the door to more
collaboration, and together we can achieve. Thankyou.
Applause.
[Later...]
Chair King: Mr. Cruz.
Alexandra Gloc: Thank you.
Chair King: Good morning.
Ms. Gloc: Good morning. Good morning, Madam Chairwoman and Commissioners.
My name is Alexandra Gloc, and I reside at 7929 West Drive, North Bay Village,
Florida, 33141. I wanted to start by congratulating Chairwoman Christine King as
Women's' History Month is celebrated in March. Thank you for making history as
being the first woman to chair the Miami City Commission. Now moving on to item
RE.8, which I oppose. Children's interests usually get neglected due to political and
financial interests. Wynwood and Edgewater areas have become concrete jungle with
not one single park or playground being built or requested from all these developers
that have been allowed to build the same style cookie -cutter buildings' all along
Northeast 2nd Ave, for example. Here we have the Centner Family wanting to make a
10 million donation in one-ofa-kind innovative sporting complex that would cost $0
to taxpayers on a land that has been basically abandoned for years, to create a space
that all the community can benefit and have this amazing sporting complex that could
be used to rain or shine. Plus, it can serve as a hurricane shelter for the area. Our
kids also need spaces to play and be able to play sports. It can't constantly be more
and more buildings with zero urban planning in mind. The community and our
children need this project and it is needed now. We can't afford to wait years and this
land to he kept the way it is. iPrep, 1 hear you and understand you need an expansion,
but not on a land that is a park and zoned as a park. Let's leave the parks as parks.
iPrep community, this project is for your kids as well. It's for all of our kids. It will be
decades before any public funds will be used to build something. Just look at the
deplorable state of Northeast 2nd Avenue that we all have to drive through daily. If
streets can 't be fixed, don't expect kids to be prioritized with public funding. Plus, you
don't have to be a traffic expert to know additional traffic load on 19th Street is
impossible. Thankyou.
Chair King: Thank you. Good morning.
Mr. Cruz: Good morning. Elvis Cruz, 631 Northeast 57th Street. For RE.12,
Commissioner Pardo, thank you so much for the community meeting where staff
confirmed the Morningside Park shoreline plan is not supposed to include the loop
road. 15-foot-wide bay walks make sense downtown where the density is a thousand
units per acre and they have connectivity, but not in a park where the density is nine
units per acre and there is no connectivity. Here's Wainwright's new bay walk, 12
feet wide. It reflects a lot of heat. There's' very little grass, very little shade. It's harsh.
Here's Morningside's bay walk, six feet wide with walk -- with grass next to the
walkway that invites the public to picnic. It's worked fine for 70 years because there's
not enough pedestrians to justify a wider path. Staff disagrees, but they have not done
a pedestrian count. So, yes to the funding but also, please change the code to allow a
6-foot walkway and the compromise of keeping the natural shoreline, the legacy trees,
and the loop road as is, which is what the City Commission mandated when they
approved this plan. The City routinely makes code changes; 20 of them are on today's
agenda. History is important to Morningside. We celebrated our l ooth birthday last
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year. Commissioner King was there. We also celebrated the park's 70th birthday last
year. Commissioner Pardo was there. And this year, we'll celebrate the 40th birthday
ofMorningside becoming Miami's first historic district. It's difficult to get someone to
admit they're wrong. Ironically, in this case, 2,500 petition signatures are trying to
get the City to admit they were right when they designed Morningside Park with its
bayfront pool and its elegant loop road and that it doesn 't need to be reinvented. For
FR.5, the HEP (Historic and Environmental Preservation) Board got it right; the City
should protect the 35-foot height limit. Please deny that. And for PZ.10, 11, and 12,
Commissioners Gabela and King, your staff is quite correct to recommend denial;
please deny them also. Thank you.
Chair King: Thank you. Good morning.
Brooke Sussman: Good morning, Honorable Commissioners. My name is Brooke
Sussman. I live at 2705 Hilola Street. I'm happy to be here today to speak about RE.8.
Our community didn't have this opportunity in 2022 when this license agreement with
the Centner companies for use of Biscayne Park was struck in a no -bid process. And
I'm so glad to have the chance to be heard on this issue today. As I've come to learn
over these last months, the question that always needs to be asked when determining
what to do with undeveloped land is, what is the highest and best use for the land?
We're here today because the process of posing this question to the community and
considering the question of the highest and best use was circumvented. Highest and
best use, by definition, requires more than one option. Let's not forget there was
another option years in the making that had already been proposed by the Omni CRA.
Today, please vote yes to RE.8 and terminate the deal that was made in a no -bid
process so that we can entertain proposals and find the highest and best use for this
land. As you can see here and in the public land for public schools petition that has
garnished over 1,700 signatures, your communities actively and wholeheartedly want
to see this land serve the community 100 percent of the time. Thank you so much.
Chair King: Good morning.
Catharina Bernabei: Good morning. Good morning, everyone. I am Catharina
Bernabei. I live at 1713 Southwest 103 Place, Miami, Florida, USA. I am a retired
teacher. I taught for 42 years, children with special needs. My heart goes out and
supports all the teachers present, but I am speaking on behalf of wildlife, and I will do
that until the day I die, as they don't have a voice. Teachers, teach your children well
and teach them about protection for the voiceless animals. First of all, I would like to
see ban the leaf blowers. The wind takes care of that. They will blow the leaves. It
does it anyhow. Then also, support "Leave No Trace. " And I want to bring back to
you that we need to protect the bird rookeries. We could be born a panther, a bird,
any creature. Animal -- what makes -- sends us out from animals is that we have a
conscience. I picked up my granddaughter. She's going to do her first communion
next month from her religious class. And when I asked what did you learn about
conscience, we have a good conscience and we have a bad conscience. And they
always say. politicians have no conscience. No, I know you have a good conscience.
And I'm addressing myself to that so we can go to bed and sleep well. When it comes
down to voting, you have the power. Vote -- always vote for the planet, for wildlife,
for the environment, because you vote for the children and grandchildren.
Chair King: Thank you.
Ms. Bernabei: Thank you.
Chair King: Thank you. Good morning.
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Lauren Jonaitis: Good morning, Commissioners. 1 'in Lauren Jonaitis, address 915
Northwest 1st Avenue. I'm the senior conservation director with Tropical Audubon
Society and Steering Committee member of the Biscayne Bay Marine Health
Coalition. We are fully in support of item R.11 [sic], "Leave No Trace. " But in order
for this to be successful, I think there's four things it really depends upon. So, one is
planning and collaboration with other island and City stakeholders, so the DEP
(Department of Environmental Protection), DERM (Department of Environmental
Resources Management), and all the municipalities, and also forming a
comprehensive strategy for all boat ramps and islands. Two, invest in proper landfill
and recycling infrastructure at these boat ramps. So, there's currently no trash or
recycling cans at Watson Island boat ramps. Three is so important, is educating
boaters on the "Leave No Trace" policy at all City boat ramps and islands and
enforcement of those rules. I'm also going to be submitting for the record bird nesting
-- okay, bird nesting survey data, and this was submitted to your offices on March 5th.
So, you'll see by the table there there are several species that are actively nesting on
Mangrove and Legion Picnic Islands and we also observe state threatened species,
the little blue heron and the tricolored heron roosting there. So, we are continuing to
gather data on these islands and doing surveys. FWC (Florida Fish and Wildlife
Commission) is doing surveys. DERM will start to do surveys and other agencies. It
was also -- all this information was submitted to everybody, so we're all on the same
page. So, I think "Leave No Trace" is the first step, but we need to really enforce
protections immediately for these islands, Mangrove and Legion Picnic Islands
specifically, (UNINTELLIGIBLE) critical wildlife area or some other mechanism to
protect them. Thank you.
Chair King: Thank you. Good morning.
Marielle Lopez De Alba: Good morning. I want to say happy birthday, (FOREIGN
LANGUAGE). Thank you all the warm bodies for taking the time to be here to be for
the people, by the people, and we the people and our government to represent as well.
My name is Marielle Lopez De Alba and I'm from 661 Northeast 68th Street, and I
will he speaking on the item 15353, MiMo (Miami Modern). 1 have been living in the
district for over 22 years and I was a pioneer when nobody came in there, when the
developers didn 't even know that we existed. Now we have developers that are seeing
our corridor as an opportunity for money and to not respect the MiMo 35 feet height,
which has been in place since 2009. We have a 7500 garage planning project that
says they're going to be donating the land for garage and working with the City
Manager that has also been asked for resignation in the past for not conducting
himself with a code of ethics and (UNINTELLIGIBLE) has many lawsuits against her
and I want to state that because it's very important.
Chair King: Ma'am, ma'am, stay with the agenda item.
Ms. Lopez De Alba: Okay. Okay, I just want the government to please respect MiMo.
It's been in place since 2009, 35 feet, no more than 35 feet. Our corridor from 50th to
70th Street hits surrounding neighborhoods such as Morningside, Bayside, and Belle
Meade. Those are neighborhoods, and we do not want vertical construction. We can't
handle anymore the chaos traffic that we have. And building a garage is not going to
prevent from those cars to get back on the boulevard, which already has not been
addressed in having enough lanes for the traffic to go through. One more thing I want
to say about affordable housing, the bill SB-102 that says affordable, that is not
addressing the homeless. That is addressing developers that get 75 to 100 percent tax
exemption saying that they're going to donate 70 units, but those 70 units, the people
that qualify have to meet 120 percent medium salary, which paeans the surrounding
areas. So, a family of four would have to be making $100, 000. Those apartments
would still be going for $2,000, $4,000, so I don't know how that is considered
affordable housing or is that addressing the homeless situation.
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Chair King: Thank you.
Ms. Lopez De Alba: So, I wanted to (UNINTELLIGIBLE) take into consideration.
Thank you for your time and (UNINTELLIGIBLE), happy birthday.
Chair King: Thank you. Good morning.
Maji Ramos: Hi, good morning and thank you for allowing us to speak. Can you hear
me okay? Okay. I'm here on four items, so I'm going to be brief 1 know you guys are
disappointed. I do not have a PowerPoint today on the birds, but I did send it to you.
Okay, I'm speaking -- I'm Maji Ramos. I'm a resident of Morningside. I'm speaking
on CA.12, the shoreline project, RE.1, stormwater, "Leave No Trace," and leaf
blowers. On the shoreline project, I am the Morningside resiliency ambassador. I'm
very, very concerned with the drainage in our neighborhood, not only in the park but
in the surrounding areas and many streets within Morningside. Once we get these
seawalls and the shoreline project installed and once that's constructed, we are going
to have a real problem if we don't have sufficient drainage in the park and also in the
neighborhoods, like especially the streets that are abutting the park. They flood even
with the regular rainstorm. It's crazy. You should actually come out and walk in the
park after a very mild rainstorm and you'll see. We need to make that walkway, the
shoreline walkway, much, much smaller. It needs to be six feet. Like Elvis said, this is
a real problem. Just increasing the width of the walkway from 6 to 15 feet would lose
16,200 square feet of green space to pavement. Concrete is the enemy of rising tide
and flood and drainage, so that's a really bad thing. I also want to discuss "Leave No
Trace." The bay is facing serious issues. There was a discrepancy between the
agenda on the -- on the agenda and the actual attachment of the -- of the -- I'm sorry,
I lost my, train of thought, but there was a little bit of a discrepancy, and I just wanted
to make sure that what we really need is to have the islands and enforce "Leave No
Trace." We need those trash cans removed from the islands and we need to enforce it.
We need signage and we need to educate the boaters.
Chair King: Thank you. Thank you.
Ms. Ramos: Okay. Happy birthday.
Chair King: Thank you. Good morning.
Horacio Stuart Aguirre: Good morning, Chairwoman King, Horacio Aguirre, as
chair of the Miami River Commission. By City and County ordinance, we are required
to report to you on all things that happen on the Miami River, the banks of the Miami
River, and in the Miami River District, and also by state statute. I come before you on
PZ.10 and 11, that is commonly known as the Polish American Club property on
Northwest 22 Avenue and about 12th Street. The Miami River Commission has
reviewed this project numerous times, and by recent unanimous resolution, we
recommend acceptance and approval of the applicants' requests subject to two
criteria: (1) that they be prohibited from coming back to you for a future upzoning for
no less than 36 months; (2) that they abide by a covenant that they will provide the
riverwalk and all the other requirements that the City of Miami created when we did
the Miami River resolution about 15 years ago. Thank you. Happy birthday.
Chair King: Thank you. Good morning.
Ananda Mattei: Hi, good morning. I'm Ananda Mattei, and I oppose Resolution RE.8.
As a part of the Miami community, I believe that the City of Miami needs a place
where people can all get together and can be active as a community. I strongly
believe that the athletic center that Leila and David Centner want to provide to the
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community will not only offer a place that can bring people together under any crazy
Miami weather, including the 100 degree summers that we have and the insane
rainfall that we get because it has AC and will protect people from the rain. If you
look at Biscayne Park right now, it's a park made of rocky ground and grass, begging
to be transformed, and that's exactly what the Centners want to do. Not only do they
want to build this amazing project, but they want to donate it all to the City of Miami.
What do you think this whole situation will reflect on future people that want to
donate something to the City of Miami? It just shows that the commissioners are
making this process ten times harder than it needs to be. It's already super hard for
Leila and David Centner to do this, and you guys are just making it even harder for
them. So, let's just put our individual agendas aside and start thinking as a whole as
the city of Miami and think about the fact that this park gets built, it remains public
land and will be available to everyone including the iPrep kids. Thank you.
Chair King: Thank you. Good morning.
Jorge Parra: Good morning. I am one of the parents from iPrep, but I had the
opportunity to meet the Superintendent Carvalho before. For many years, he just
showed us how the pilot project for his vision on education was centered on iPrep
Academy, and it was an incredible project. We've been benefited. You know, our kids
are getting this amazing education right there, and the limitations in the space are not
allowing, you know, the proper growth of the community who could benefit. The
number of'people waiting, the waiting list of families is like a fivefold compared to the
number of students currently in classes at this time. I think, you know, from a citizen
perspective, I think that, you know, any attack on public education has to be
mitigated. I mean, ever since Betsy DeVos, there's been an attempt on liquidating or
reducing public education, replacing public schools into charter schools, and there's
no evidence whatsoever that the quality of the education on those private institutions
has been any better than the ones received, given in the public schools. I really
consider that, you know, think about it and protect public education in general. Thank
you very much.
Todd B. Hannon (City Clerk): I'm sorry, Chair. Sir, can you state your name for the
record?
Mr. Parra: Say again.
Unidentified Speaker: Your name.
Chair King: (FOREIGN LANGUAGE).
Mr. Parra: I'm Jorge Parra, 1680 Northeast 137th Terrace in North Miami. Thank
you.
Chair King: Thank you. Good morning.
Crystal Ivory: Good morning. My, name is -- good morning. Commissioners. My, name
is Crystal Ivory, and I'm a City of Miami resident and District 5 resident. I'm also --
I'm also a Miami -Dade Public Schools' Magnet School alumni. I'm here because my
son is a student at iPrep. iPrep is a wonderful learning environment comprised of
teachers, staff and parents who really do care. One issue with iPrep is the limited
outdoor space for physical activity. Currently, the only space available to iPrep
students is a portion of a parking lot. This is inadequate. I believe Centner Academy
ran into a similar issue, hence why we're here today. Based on the comments from
today, it is clear that not only iPrep and Centner Academy, but the community at
large, needs green space. However, securing land through a no -bid process is not the
answer. That is why I'm here to ask that you revoke the current licensing agreement
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and open up Biscayne Park to a fair bidding process to maximize the value of the
space. There is a great need in the community and multiple stakeholders, so it's only
right to decide on the use of Biscayne Park through a formal bidding process. Please
vote yes on RE.8 to support a fair and transparent process to facilitate the highest and
best use of Biscayne Park to benefit the community, at large. Thank you very much.
Chair King: Thank you. Good morning.
Abed Hammoud: Good morning. Good morning, Commission. My name is Abed
Hammond and my address is 889 Northeast --
Mr. Hannon: I'm sorry, Chair. Can the speaker put the microphone closer?
Mr. Hammond: Oh, sorry.
Mr. Hannon: I can 't hear your name, sir.
Mr. Hammond.: Sorry, sorry. My name is Abed Hammond, and I live at 889 Northeast
78 Street for almost 44 years. The reason I mention that is because I know the area
real good and Biscayne Boulevard, about four or five blocks away from this location.
And I can tell you a short story about this area. Back then, it was a crime, drugs.
Nobody had the courage to go to this area. It was very dangerous. And back then, we
had unlimited height, no restriction whatsoever. In 2004, former Commissioner
Winton formed a committee to discuss the height. And he picked me one. I was one of
them. And we had a lawyer, architect, and we had the City staff,' like Planning
Department, this kind of you know, these people. And we reached an agreement. We
used to meet in the back of this -- there's a conference room in the back here. We used
to meet every Thursday. And we reached an agreement to reduce the height to 120
feet height, which wasn't bad. But in 2010, former Commissioner Sarnoff, because it
was a political issue, he reduced -- he put a limit of 35 feet height only, which means
nothing, means nothing. He hurt a lot of people by doing this. So, I wrote a letter
object to this height limitation, and this area was dead. Then M. Avra moved in, and
she took a risk, really. She did improve it, did a very good job, and now she has a nice
project. By the way, everybody wants parking. No parking over there. When I used to
park, I used to park in front of people's house, and people tell me, move your car. So I
move. I don't go back. And now Ms. Avra has a project to provide parking for the
area for business.
Chair King: Thank you. Thank you.
Mr. Hammond: And please --
Chair King: Thank you.
Mr. Hammond: -- approve it, you know, and we appreciate that. The future and
progress is in your hands.
Chair King: Thank you.
Mr. Hammond: We need that. Thank you.
Chair King: Good morning.
Albert Gomez: Good morning. Happy birthday to be, Commissioner. Commissioners,
staff, Albert Gomez, 3566 Vista Court. I'm here to support two items. One, the leaf
blower ordinance. I was at the CRC (Climate Resilience Committee) meetings when
they were presenting this, the sheer amount of peer -reviewed research that they
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submitted to this, how it helps health and resilience of the communities. I understand
the state ban is corning. This is a fight we need to have to have home rule in this City.
So, we should maintain ourselves here and say yes to this, so fight for that please.
Secondly is the "Leave No Trace ". I have been in the islands cleaning up for years. I
know that we need to put more money on staff to clean up that island, whether it's an
outside contractor or not, but putting trash cans there just promotes people that are
drinking beers, having a great time, emptying their beers. If FWC or Marine Patrol
see a bunch of empty beers in your cooler, they're going to start asking questions.
People are forced to do that out because they don't want to, because they're going to
have some beers when they go out on the water. So, effectively, we need to do
something. We know that the birds are there. We know they're nesting. We know that
we have to clean up as community members the islands ourselves. It's somewhat of a
disgrace that that's happening to our islands. It's our jewel in the center of the blue
heart of Biscayne Bay, and we should treat it as such. We are custodians of that at the
City. And a comprehensive plan needs to be put on boat ramp and everything else. We
have the CRC. They've shown to be able to really step up. They have new leadership.
They're really doing a great job. Let's use the committees that we have to put the
backup planning and organization behind this policy. But the first step is to put the
policy in place. Get the trash cans off the islands and start putting a comprehensive
plan. You can go ahead and write that into the ordinance if you want and say that the
CRC can put a comprehensive plan together. They're doing the work. Let's use them.
Please. Thank you.
Chair King: Thank you. Good morning.
Eileen Broton: Good morning. Can you hear me?
Chair King: I can hear you.
M. Broton: Good morning. My name is Eileen Broton. I am -- 951 Northwest North
River Drive -- 10th Court rather, in the historic Spring Garden District. I'm here to
speak about PZ. 9. It is my understanding that there are -- there may be plans to build
something on certain parcels on 8th Street Road, and when people have the right to
build, I support that a thousand percent. One of the parcels happens to be in the
designated district, the historic district, meaning that that parcel has to follow the
rules of historic preservation. There are two structures that are part of what was the
Popeye Marina, and there is a -- there was a request for a certificate of
appropriateness to demolish them. In historic preservation speak, demolition is your
last resort. There have been many examples of how things have been incorporated
into the design or at least show respect in some fashion to the -- to what was there.
Many of us have memories and stories about Popeye Marina. And that's the point of
being in a historic district, that we talk to the people who lived there before us. We
teach our children. This is the working river, the historic Miami River on the historic
Seybold Canal. There's always alternatives, and even if there was no alternative and
the HEP Board felt that it could not be saved, there are ways in which you show the
respect and follow the process of what was there. I'm asking you to not approve this
and support the HEP Board decision --
Chair King: Thank you.
Ms. Broton: -- to deny. Thankyou.
Chair King: Thank you.
Commissioner Gabela: Thankyou.
Chair King: Good morning.
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Ramon Fernandez: Good morning. My name is Ramon Fernandez, and I'rn donating
my minutes. Ramon Fernandez, and I'm donating my two minutes.
Nathalie Vrangos: Good morning. My name is Nathalie Vrangos, and I'm also
donating my minutes to (UNINTELLIGIBLE).
Chair King: Oh, no, you can't do that. Only one person can donate the minutes. And I
think because of the number of people that are here for public comment, I'm not going
to allow donation of minutes, because we even have people standing outside. So,
everybody, your two minutes, and let's move forward.
Mr. Fernandez: I called earlier -- I mean, two weeks ago, I came and I spoke to
Donald in your office --
Chair King: Yes, I understand.
Mr. Fernandez: -- and he told me to do that, actually.
Chair King: I understand. But today, because of the number of public comment
speakers, I'm not going to have folks donating their time because there's many people
that want to speak and there are people outside that would like to speak as well. So, if
everybody can just move along their public comments.
(COMMENTS MADE OFF THE RECORD)
At this time, an audiovisual presentation started.
Chair King: Hold on, hold on, hold on, hold on. That's the City Clerk's fault. That's
why I got up because he didn't have the two -minute clock going. Has it been two
minutes? That's why I got up because I noticed that the two -minute clock wasn't --
Has it been two minutes?
(COMMENTS MADE OFF THE RECORD)
Chair King: It has been two minutes because it -- so thank you.
Mr. Fernandez: No, thank you.
At this time, the audiovisual presentation continued.
Chair King: You're doing it again.
Mr. Hannon: It's a new -- there's a new speaker.
Chair King: No, no, I said that we 're not sharing time.
Mr. Hannon: She's a new speaker.
Chair King: Okay, ma'am, get up, say your name for the record.
Ms. Vrangos: Yes, hello, good morning. My name is Natalie Vrangos and I live in
Edgewater.
At this time, the audiovisual presentation continued.
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Vice Chair Carollo: Chair, may 1 have one second? Look, 1 think we all want to be
fair. One side today has brought in a lot more people than the other side, so one side
is going to get maybe 60, 70 percent of the time. If they want to do it this way, you
know, so be it. You know, there's nothing wrong with it.
Chair King: Hold on, hold on, hold on, hold on.
Vice Chair Carollo: There has to be some balance here.
Chair King: Hold on, hold on. You guys are right. 1 go one way and one way and one
way and one way, and you're right; however, 1 didn't correct that in the beginning, so
this will -- I hope this is the end of it, because that will be the end of it, and then I'm
going to the next podium. But that would just be -- because they would just go back
and forth with it as well so --
(COMMENTS MADE OFF THE RECORD)
Chair King: Okay, okay, okay, okay, okay. (FOREIGN LANGUAGE). Everybody's
going to be heard. Everybody will be heard. Introduce yourself, please.
Kiana Lowrance: Good morning, thank you. My name is Kiana Lowrance and I live
in Edgewater.
At this time, the audiovisual presentation continued through completion.
Ms. Lowrance: Thank you.
Chair King: Thank you. Good morning.
Kamyar Neshvadian: Good morning, Madam Chair and the esteemed member of the
City Commission. As you know, I'm in support of revoking the current deal. I think
what strikes me as, you know, strange is this is a donation, which everybody likes
donation, but in return we want something back. I think the essence of this deal is this
is for the private school or any private entities students during the school hours, 100
percent of the time. I think that's what makes it, you know, questionable as this is for
the community. This is not for the community. What better represents the community
than a public school student? That's first thing. The second thing is, okay, now that
we are going away from that whole donation part, this is a private thing. This is a
transaction. So, this land is a jewel in that downtown. Is it really best for sell it for 10
million? 1 don't know. 1 think this has to go through a due process. 1 don't know. I
wasn't here. I don't know the whole background of how the iPrep program was
sidelined. I think what's fair and what makes sense would be to go back and do the
due process and find the best option. If that best option is to give it to the, you know,
Centner Academy, I think, let that be. But it has to be inclusive. It has to take care of
all the concerns of the families that have come here. And they are not paid to come
here. They are -- you know, they are just -- you know, I'm sure they have work to do.
They have taken time to come here. So, the fact that there are more people, that this
shouldn 't be, you know, a negative thing. I think this just reflects the -- you know, how
concerned these communities are. Thank you very much.
Chair King: Thank you.
Mr. Hannon: Chair, I'm sorry. Sir, sir, your name?
Chair King: Sir?
Mr. Hannon: Your name for the record, sir.
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Mr. Neshvadian: It's Kamyar Neshvadian.
Chair King: Thank you.
Mr. Neshvadian: Thank you.
Chair King: Good morning.
Hugo 011e Sese: Good morning. I'm Hugo 011e. Just for answering the guy, it's for
everybody, the project. It's very, very inclusive, but it's not my point here. My point
here is to ask to the City Attorney that according to the law, please disqualf any vote
coming from Mr. Gabela and Mr. Pardo on this topic because they already voted and
made public before this hearing, which means that they are making an unfair process
here. You can check their own social media channels.
Commissioner Gabela: (UNINTELLIGIBLE).
Mr. Sese: (UNINTELLIGIBLE).
Commissioner Gabela: No, no, no.
Mr. Sese: And Mr. Pardo, Mr. Gabela, being a commissioner is a great responsibility.
Please, don't divide people. Don't create hate using public versus private.
Commissioner Gabela: Sir, the one that created hate was my predecessor that did --
that's under corruption charges at this moment. And the way this --
Mr. Sese: I --
At this time, all microphones were muted by the Chair.
Chair King: Thank you. No, we're not having outbursts from the chambers. We will
have you removed. We are going to have a meeting with decorum. Thank you, sir.
Thank you.
Mr. Sese: Thank you so much.
Mr. Hannon: Sir?
(COMMENTS MADE OFF THE RECORD)
Commissioner Gabela: By the way, let it be on the record that by no means do I want
to interrupt the gentleman's comment. If he wants to finish --
Chair King: Right, I know.
Commissioner Gabela: -- please let him finish.
Chair King: No, no, it's --
Commissioner Gabela: So -- because he has the right to speak, by the way.
(COMMENTS MADE OFF THE RECORD)
Chair King: Good morning.
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Simone Mayer: Hi, good morning. My name's Simone Mayer. Good morning,
Commissioners. Good morning, City Manager. I have two businesses and two
properties about a block away from the proposed parking structure. 1 'm here to speak
about FR.5. I really applaud the efforts that Avra Jain has made with the City to try
and provide parking to our neighborhood. I'm also on the MiMo board. I know a lot
of work has been put into it, and it's because it's been a very urgent need for many,
many years in the community. I have team members that cannot find parking, and one
of my businesses actually has a very large parking lot, but there's still an overflow.
There's a need for customers for all of the restaurants and other businesses all along
Biscayne. We've been studying it in the MiMo board for years, and I just really
applaud the fact that something so significant has been proposed. I realize that it is a
higher structure than what is typical in MiMo. We all take the historic preservation of
MiMo very seriously, and I have, Jromy two properties that I've renovated,
painstakingly, have taken that vezy seriously. So, I understand what we're doing by
building a structure that's taller, but it really is needed for the community and it's
something that is going to be very positive to put infrastructure in to allow, especially
that area in the high 70s on Biscayne, to develop some properties. That empty lot is
horrible. It's been horrible for years and we really are in need of something that's
going to help us move our businesses forward to profitability and success. Thank you
very much.
Chair King: Thank you. Good morning.
Monica Tracy: Good morning. Thank you for taking public comment. My name is
Monica Tracy. Hello, Mr. Pardo. I saw you at a meeting, and I warned you that I
would be coming back. For 40 years, I've had a wide -bay view of Biscayne Bay. It is
a large, dead body of water. There are no fish, there is no seagrass. If you see a small
patch of seagrass, you'll see the birds cluster around. I did not realize until I retired
just a year ago and became active that that is a slow speed for manatee protection.
The entire bay, you never see any speed and I mean it's all day long, and I get it. You
know, we can 't enforce it all. But the jet skis, their reason to exist is to speed. I swam
in the hay when the governor shut down the pools and gyms, and I was shocked at
how murky the water was, how dead. I watched a .few seabirds try to fish and not
catch anything. Please protect the rookery in the bay. Please help us establish a
critical wildlife area. I mean, urban wildlife is going to live with us, so let's try to
make it okay for them. It's been over 100 days since you said you would make a plan.
IfI can be of service in any way, my time is yours. Thank you for hearing me.
Chair King: Thank you for coming. Good morning.
Erika Lisman: Good morning. I'm Erika Lisman, 1020 Shore Lane, 33141. 1 came
here, I sat here in January, and I listened to neighborhood moms talk about
desperately needing a safe, clean, local park to bring their families and kids for fresh
air, sports, and recreation. I didn't understand then why anyone would refuse the gift
of a state-of-the-art, temperature -controlled sports complex for the community. Then I
heard a man call this project a litmus test, grouping together those that are against
the park with those that are against corruption in Miami politics. While he made good
points and spoke eloquently, and I applaud his commitment to cracking down on
corruption, I believe the association he made was flawed from the beginning because
it was based on the false equivalency that being against corruption equals being
against this community getting a beautiful, usable park. It does not. We are against
corruption, and we stand with all of the commissioners who seek to eradicate it in our
local politics. However, we don't want to lose this desperately needed park to more
concrete jungle just because someone needs something to make an example of This
public project is too valuable to the community and to the City to be it. Our park is
not your litmus test. Please don't cut off this community's nose just to spite the larger
face of Miami's political corruption issue. Find an ethical way to keep this green park
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and other neighborhood projects like it built for the greater good and for the
revolution of Miami. Not doing so would be very short-sighted. In February, and
again today, I saw parents from iPrep school taking advantage of the park's
uncertainty to rehash a proposal that had been dead, for years. A proposal that would
take a public parkland, now zoned a park, and squander it for yet more buildings, and
most ironically, make the park relatively inaccessible to the neighborhood at large,
literally the opposite of what they seem to be proposing. This would ironically be the
highest degree of privatization of this park of any of the options, making the space
available only to the relatively few who attend the school. There are 97,000 people
living in District 2. There are 800 students at iPrep, 1,600 if they can double their
enrollment. Should we demolish all or most of the green space intended for 97,000,
put a fence around it, and reserve it for 1,600? This doesn't even come close --
Chair King: Thank you.
Ms. Lisman: -- close to adding up.
Chair King: Thank you. Good morning.
Daniel Reschigna: Good morning. My, name is Daniel Reschigna. We're not talking
about a park here. We're talking about public education. And public means 100
percent of the kids and the people, not 2 percent of the few that can afford $40,000 a
year for elementary school. So, you can make a difference today revoking this deal.
Let the private schools, let the rich people buy their land and do their thing and keep
the public land for public schools. Thank you.
Chair King: Thank you. Good morning.
Carolina Campos: Hi, good morning, everybody. My name is Carolina Campos. I am
really proud to call the city of Miami my home. As a resident of District 2 and an
active member of my community and a dedicated voter, I came today and I stand
before you to -- today to -- with a sense of urgency and a propose to talk about the
Resolution Number 8. Let us ensure that all public lands in Miami remains to the truly
public and benefit 100 percent of our community. This project is not only a school.
It's going to change a lot of things. It's going to have an affordable house for people.
It's going to have a new fire station. It's not only a school. I really ask you to help us
to maintain our community and our homes free from the corruption and the private
intentions. Please tell us yes to this resolution. Thank you.
Chair King: Thank you. Good morning.
Benji Power: Good morning.
Chair King: Oh, let me make an announcement. When you speak, when you come up
.for public comment, if you can make your seat available, there are other people that
are waiting outside that would like to speak. So, if it's at all possible, when you speak,
if you can make your seat available so others can come in for public comment. Thank
you. Good morning.
Mr. Power: Good morning. Hello, Madame Chairwoman and Commissioners. Thank
you for your time today. I'm Benji Power and I live at 500 Northeast 75th Street. I'm
a native of Miami. I'm a resident of District 5. I'm a parent to my two kids, a
kindergartner and a second grader at iPrep Magnet School, and I'm an alum of
MDCPS 's (Miami -Dade County Public Schools) public school system, a member of
Coral Reef High School's first graduating class of 2000. I'm also a passionate
believer that the city of Miami is an excellent home to so many diverse residents and
we as a city have so much potential to continue being great, but we have to show
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significant improvements in how we ethically govern ourselves. You hear and vote on
a range of types of items in Commission meetings. I think today's RE.8 item
represents one of the more unique items you'll hear and vote on today, because our
children are closely observing this process. They're learning how our city is managed
and how it responds in the face of allegations of unethical influence on the decision -
making process. I'm not here to speak about any specific commissioner, nor about
any specific school associated with this matter. This is not about us versus them. This
is not about exploring a compromise. This really isn't simply even about a park and
its future status. This is about the fact that the Judicial Court of the State of Florida
has charged a past city commissioner with committing offenses in direct connection
with the championing of this item that led to the establishment of a license agreement
Jrothe private use of Biscayne Park. And I think that decision needs to be undone
because it was unjustly influenced. Miami's residents should be able to trust that our
commissioners will agree on this, that the previous process was flawed and unfairly
influenced. Please vote today to begin this process again. And when you do, yes, I
think that rekindling the exploration of how a public school and other public good
uses could be brought to Biscayne Park is one of the key things that should be done
after today's' vote. I want to be able to tell my children tonight that a fair and ethical
process is being followed by our city and its leadership and its decision making.
Chair King: Thank you.
Mr. Power: And that first and fbremost --
Chair King: Thank you.
Mr. Power: -- public land is being bought --
Chair King: Thank you.
Mr. Power: -- for public good. Thank you.
Chair King: Thank you. Good morning.
Danie Goinez-Ortigoza: Good morning, Commissioners. Thank you for your time
today. My name is Daniella Gomez-Ortigoza. I own property in 780 Northeast 63rd
Street. And I'm here to talk about how long have we been asking for parking in our
space, for how long have we been asking for parking in MiMo. I moved to MiMo
initially because of the vibrancy of the people, because of. the vibrancy of the
businesses. And right now, it's impossible to support that because there is no parking.
Finally, someone came in with a plan for that. They are providing parking, and
additionally they're asking for a tiny extension on the height just so that this can also
be something usefill for them given that they're providing the parking at no cost to the
City. We really need this parking, so please consider that. We want our MiMo District
to continue thriving like it has.
Chair King: Thank you. Good morning.
Matt Kelsen: Good morning. Happy birthday. Mr. Carollo, I played in your park
yesterday. Lovely. My name is Matt Kelsen. I'm a City of Miami resident and a voter.
I'm here to support RE.8, public lands for public schools. This issue is so simple, my
8-year-old who goes to school at iPrep explained it back to me way better than I ever
could. She said, "This is a battle of need and want. I learned this at school. iPrep
needs this land so badly, and the other school just wants it. They already have a nice
building too. That's being selfish." The Centners want to build a $10 million air-
conditioned sports dome on public land. iPrep public school students play sports in
recess in a parking lot; want/need. The Centners want to build a sports dome so their
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kids can play lacrosse when iPrep kids don't even have enough crosswalks to safely
cross the street to their school. The Centners want an air-conditioned dome for their
private school students to play. This year, iPrep's air conditioner broke and the kids
were sent home. Air-conditioned dome/air-conditioned classrooms; want versus need.
Make no mistake, you are voting to give more space to an A -rated public school,
affordable housing for teachers and workers, public green space for the community,
and an updated firehouse. Or you're voting to give a $10 million sports dome to a
private school. What do you think the community wants more?
Chair King: Thank you.
Mr. Kelsen: Thank you. What do you think the community needs more?
Chair King: Good morning.
Randall Ames: Good morning. Randall Ames, 780 Northeast 69th Street, in the MiMo
historic Biscayne Boulevard District. Thank you. Before -- I think it's item 5-F [sic].
Nobody in this community has been able to speak about this resolution or is aware
that you're even voting on a resolution today and I recommend you table it until that's
done. With all due respect to Avra Jain's beautiful respect for historical buildings in
the neighborhood and the City's will to provide parking, the actual actions of this
particular resolution is in direct contrast and direct -- against every effort that has
been made in this district to limit and review and respect the historical architecture,
the streetscape, and additionally, the community has not been reached out to. Three
weeks ago we had a meeting in the Little Haiti arcade and the resolution was -- there
was nothing there. We had almost 30 officials from the City and our commissioner,
our councilwoman there and I asked what is in the resolution, nobody could say. Now
we're three weeks forward and suddenly you're going to vote on it. I have never
received one email about this meeting or any communication about any updates for
this resolution. And by the way, on Saturday during the market, the City officers
received from code violation directions to tow cars on 64th Terrace. Now, if you know
64th Terrace, it's an empty one-way street with no -- the park on one side and no
buildings on the other. And they towed all of the cars during the market.
Chair King: Thank you.
Mr. Ames: Okay. So, I just want to say --
Chair King: Thank you.
Mr. Ames: -- we're just getting started. Thank you.
Chair King: Good morning.
Thais Thiesen: Good morning, everyone. My name is Thais Thiesen. I work at 3050
Biscayne Boulevard at 33137. I live in North Miami. I have worked in. District 2 and
with the Omni CRA for many years. With all due respect. Commissioners, I believe
what's motivating the desire to kill the Dome Park project are developers. Let me
quote the real deal from November 22, 2023. Speaking of Commissioner Gabela's
and Commissioner Pardo's win, "Both of them received substantial campaign
contributions from Miami real estate heavyweights, including Miami -based NR
Investments, Naranja Life Development Group" --
Chair King: Ma'am?
Ms. Thiesen: Yes.
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Chair King: Please stay with the item.
Ms. Thiesen: Okay. Coincidentally, both Nir Shoshani, who leads NR Developments --
Chair King: Ma'am, ma'am?
Ms. Thiesen: -- and Russell --
Chair King: Ma'am?
Ms. Thiesen: Yes?
Chair King: I am asking you to stay on point with the item.
Ms. Thiesen: Okay, okay.
Chair King: We don 't (INAUDIBLE).
Ms. Thiesen: This is a part of the item.
Vice Chair Carollo: Madam Chair?
Ms. Thiesen: Okay, alright, anyways, this is about using that land for development.
Vice Chair Carollo: Excuse me. Hold on for a second. Madam Chair, with all due
respect, I would like those same guidelines to be put for some others that usually
come -- I'm surprised they're not here today -- sit there like a poor jester, laughing at
us in some cases. One has even stood up and a dozen times has said <expletive> you,
directed at me. So, I want the same guidelines --
Chair King: I have implemented it.
Vice Chair Carollo: -- when others come up here and attack in words that are much
worse than anything that could be construed that this lady has said.
Chair King: Moving forward, we are implementing that. Ma'am, please --
Commissioner Gabela: One more -- one more thing.
Ms. Thiesen: Anyways, 1 don't --
Commissioner Gabela: Madam Chair?
Ms. Thiesen: This is --
Commissioner Gabela: Madam Chair? Ma'am, with all due respect, and I believe you
have the right to talk just like everybody, but those names that you mentioned, not me,
okay?
Ms. Thiesen: Okay.
Commissioner Gabela: I don 't get paid by the --
Chair King: Okay.
Ms. Thiesen: There was a quote in here.
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Commissioner Gabela: And by the way, the difference from my predecessor --
Ms. Thiesen: Okay, I'm just saying 1 saw Nir Shoshani here.
Commissioner Gabela: -- I'm not for sale; I'm not for hire. You can 't buy me.
Chair King: What we don 't want to do is go back and forth --
Ms. Thiesen: Okay.
Chair King: -- with the community. If you can keep your public comment --
Ms. Thiesen: Sure.
Chair King: -- to the item.
Ms. Thiesen: Okay.
Chair King: Thank you.
Ms. Thiesen: To the item, I believe this land is going to be used for development.
iPrep has been added in to make it more publicly appealing and for the tagline to
stick. But we know that it's development that's behind this, workforce housing as
they're calling it, and developers who want to take this land, not the community.
There are many empty lots owned by the City of Miami that could have housed a new
iPrep, enipty lots that make the City dangerous. But this is politically and
economically motivated, not truly an effort of the City. It's been four years of
negotiation, three approvals by five commissioners, and when Commissioner Gabela
brought this item forward is when iPrep stepped up. In my years working in Miami, I
have told leaders -- and I have worked with Omni CRA to the Knight Foundation --
that we shouldn't be short-sighted. If we want to be a truly innovative city that has
room for all economic levels to thrive, we need more and more buildings and condos
to attract that kind of talent and to make this a truly livable city. We need spaces like
this, climate -controlled athletic center; that would be open to the entire community.
This is not for Centner only. During school hours, it's also open to the community,
and during the night, when this park is now closed, it's open to the community and all
weekend. This is the type of spaces that we need for the community to thrive. And here
it's ready, ready to go, $10 million in fund, which is so hard to come by.
Chair King: Thank you.
Ms. Thiesen: Thank you.
Chair King: Good morning.
Gaby Socorro: Good morning. My name is Gaby Socorro. I am a long-time resident
and taxpayer of Edgewater, and I'm also a passionate advocate for our community's
children. I am here in favor of RE.8. As a parent with two children attending to iPrep
Academy, I've seen ,firsthand the challenges they face in an environment lacking
natural light and green spaces. Imagine our children spending their day confined in
four walls with little exposure to sunlight, no windows at all, and just a handful of
breaks during the day. Imagine working parents that have to leave their children from
8 in the morning until 6 p.m. and they get to go outside for a few minutes a day. This
isn't just about aesthetics or a park. It's about the fundamental well-being and
educational experience of our future leaders of our community. But there is hope. R.8
RE.8 presents an opportunity to change our children's educational experience. By
voting in favor of RE.8, we can provide our children with facilities they truly deserve,
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spaces that ignite curiosity, inspire creativity, and have -- and give them a healthy
growth. And for those of you that are advocating for a park, 1 invite you to Margaret
Pace Park, a beaut ful outdoor space available for everyone. Our children deserve
more than just basic education. They deserve an environment that empowers them to
thrive. Please vote yes in favor of RE.8. Thank you for considering the urgency of this
matter. Together, let's champion the cause of our children and shape a brighter and
healthier future for them. Thank you.
Chair King: Thank you. Good morning.
Nikola Adamkova: Good morning. My name is Nikola Adamkova. This is my son Eric.
We're residents of District 2 and voters. We're also active residents of the community
that needs the outside facility for our children. It is not a needs or wants. These are all
children, and as well as the children of our school. The children of iPrep and the
surrounding communities are invited to use this space. We keep hearing public
school, public property. This -- iPrep is not a public school. It is a charter school, and
it is impossible to get into, even if you live in that area. We keep suggesting inclusion
of everybody that lives there so everybody can use the space, not to build more
concrete structures. This morning, there was a very nice PR (Public Relations)
conference in the outside area with the mayor of Miami congratulating and, you
know, ovation for a $60 million contribution to a happy and healthy place for Miami
to become. The Centner project is exactly, that. There's a $10 million donation, yet it
is being refused. Our children need the space to play, not only to be in an air-
conditioned property, but also for a safe property. Legions Park is loaded with bums
and homeless people every single morning. We cannot go there and play there in the
morning. I'm scared to go walk my dog there. So, I please ask you to reconsider this
place for our children. It is not needs or wants. The children from iPrep and our
school are the sane kind of children, and they're all welcome to go play there. It
keeps getting repeated here that this is a property that's being sold or used for private
properties. That is not true. There's a man standing outside of this building that says,
I'm not a lobbyist, they just pay me to speak for them. And he keeps telling people this
is property that's being bought for --
Chair King: Thank you.
Ms. Adamkova: You're welcome.
Chair King: Good morning.
Philippe Louis: Good morning. My name is Philippe Louis. I'm just living on 77 --
Mr. Hannon: Sir, sir, I need you to get closer to the microphone.
Mr. Louis: -- 77 -- I know.
Mr. Hannon: Sir? Sir? Sir? I need you to get closer to the microphone. We can't hear
you.
Mr. Louis: Okay.
Mr. Noriega: Step closer to the microphone.
Mr. Louis: Sony for that. My name is Philippe Louis. I'm just living on 7717
Northwest 6th Avenue, Miami, Florida, zip code 33150. And then I receive an
application (UNINTELLIGIBLE) highly support this project by PZ.23, 15832,
(UNINTELLIGIBLE) by A Paigo, LLC and 280 Jap, LLC. If approved, this project
will help -- that will pave the way for construction and meet multifamily rental
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development in our community. The subject area is (UNINTELLIGIBLE) for
economic redevelopment, especially along the 79th Street corridor. 1 am especially
happy to hear that the applicant is committed a portion of the development of
affordable rent (UNINTELLIGIBLE), so that especially for our senior. And also, you
know, if (UNINTELLIGIBLE) we get (UNINTELLIGIBLE), I think we would
appreciate that. And also, I want you to just try to see if we can work on this.
Unidentified Speaker: It's PZ.12 and 13.
Mr. Louis: Yeah, PZ.12 and 13. PZ.12 and 13. You know, 1 want to just, you know, try
to build (UNINTELLIGIBLE). Just think about it, you know. I think it is good for our
community.
Chair King: Thank you.
Mr. Louis: Thank you very much.
Chair King: Good morning.
Sam Dubernard: Good morning, Commissioners. I am here with -- very nervous and
with respect. My name is Stan and I am a junior at iPrep, my public school. In a year,
I will be your constituent, Commissioner King, of District 5. I'm excited to do that. I
am here in support of the current resolution, RE.8, to revoke the Centner's license
agreement. I am here to witness what can be achieved for the public school system. I
am here as a student to witness my own city right its wrong. What I would hope to see
beyond these short-term wins is the continued parsing of public land to who it would
benefit the most, Miami students, my future children, and your current ones. Thank
you.
Chair King: Thank you for coming. Good morning.
Aaron DeMayo: Good morning, everyone. My name is Aaron DeMayo with residence
at 133 Northeast 2nd Avenue. I'm also the chair of the Climate Resilience Committee
serving for all of you. We have an item that originated in our committee on the
agenda today, DL4, regarding gas -powered leaf blowers. And it originated from a
suggestion from a local resident, well-known meteorologist John Morales, and there's
other municipalities in the area that have already done various processes to transition
toward electric leaf blowers for the many benefits. These include both greenhouse gas
emissions reductions, which are quite considerable, even though they look quite
small, there's a lot of them. We have the Miami Forever Carbon Neutral Plan, which
we're trying to get toward. And it's not going to be one large action that gets us there.
It's going to be smaller actions. This technology works. Our City operations already
utilize electric leaf blowers in many locations. Unfortunately, there was a preemption,
possibly at the state level last week, not allowing for local municipalities to move
toward electric leaf. blowers for the residents. That doesn't stop you from possibly
looking to ask City Manager to further review how the electric leaf blowers are
operating in your current operations and look toward continuing that transition and
kind of, you know, show the support for that. And then there's also a lot of health
benefits. There's volatile organic compounds which are released, so it improves air
quality. So, hopefully, we can, you know, transition that resolution a little bit and you
can just direct staff to look into what these options are. I think it makes a lot of sense
for our community. And I'm also in support of the "Leave No Trace" policy, RE.11,
as well as FR5. I've looked at many projects and properties in the MiMo District for
various people over the years, and that height restriction really does reduce the
ability for the feasibility of putting parking in those projects and having parking in
that neighborhood would support those other businesses as someone who goes to
those businesses. Thank you all very much. I hope it was helpful.
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Chair King: Thank you. Good morning.
Martha Sutherland: Good morning. Good morning, Commissioners. My name is
Marty Sutherland. I'm here speaking on behalf of myself and my mother, Paula Laws.
We own a house in Spring Gardens, and I hope that this holds your attention because
it's not as big an issue as everything else. On the 805 Northwest 7th Street Road,
across the canal, the Seybold Canal is a property that used to be Popeye's Marina.
It's now empty and has been for quite a long time and it's dilapidated. I know that
there was a request to remove the building and it was denied on the historical
situation in our neighborhood. I -- it's an eyesore for me. I'm not trying to go against
my neighborhood, but it's directly across my dock. And at worst, it's an eyesore. At
best, you have toxins being leached into the river because the docks have fallen into
the river now. So, you have all that wood that's probably, in my mind, been treated
and it's leaching into the water. I'm not opposed to sitting with, you know, the
builders and trying to work something out with our neighborhood. Just really what
it's about is what is it going to look like for us once they build, right? That's why
they're so -- our neighborhood is so opposed to it. So, I'm here to extend an olive
branch to the developers and ask them to work with us -- approach me. I just gave my
address and see what we can work out because it is an eyesore and like I said,
probably a danger as well. Thank you for your attention.
Chair King: Thank you fbr coming. Good morning.
Carlos Roig: Good morning, Commissioners. I'm Carlos Roig, and I'm in support of
RE.8. I'm here as a Miamian to witness my city right its wrongs. I'm here as an iPrep
student to witness what can be achieved for the public school system. I'm now a
senior at the tail end of my high school career. I won't feel the true effects of this
decision, but with the passing of this resolution, what I would see is the honest denial
of a private institution's grab at a public land and the possible growth in my current
school's physical education. What I would hope to see beyond this short-term win is
the continued parsing of public land to who would benefit the most, Miami students,
my .future children, your current ones. And a PS, I've been to the park. It's locked in
the day, which gives me a grim view of how they would truly use their grandiose
dome. And what is better for the public? A park run by those against public interest or
a school built for every child in Miami? Centner, I hope you don't think well fall for
the honey trap. This sports dome is a favor for the public. It's not. It's an unjust
present for public use -- Jroprivate use. Thank you for your time.
Chair King: Thank you. Thank you for coming. Good morning.
Pedro Da Silva: Good morning. My name is Pedro Da Silva. I live in Morningside at
570 Northeast 53rd Street. I'm here to speak on agenda item RE.8 in opposition to it,
the Biscayne Park. You know, the critics of this project, they usually never mention
that this was approved on City Commission on a 5-0 vote. Three of you that are here
voted for it, and the reason you did is because you saw the benefits of improving and
refurbishing this park. You know, this will -- this is a park that is for everyone in the
community at no cost to the taxpayers. The other thing that the critics of this project
usually don't mention is that this land is zoned as a park. This is a city of Miami
public park. And now some of you want to build housing inside the city of Miami
Park. Can you imagine the precedent? So what is next? Are we going to build housing
in Morningside Park? You know, where does it stop? And so we cannot be converting
our precious parks and sports facilities into housing. You know, the Miami Dade
School Board, they have -- they own nearby land that they can use. So, you know, why
are -- do they want to use a city park when they have nearby land that they can use?
And I'm all for -- I'm not against iPrep or school housing, just we need our parks.
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This is a city of Miami Park. So, 1 kindly ask you today that you don't get politics get
on the way.
Chair King: Thank you.
Mr. Da Silva: And please do not cancel it.
Chair King: Thank you.
Mr. Da Silva: Thank you.
Chair King: Good morning.
Otto Schmidt: Good morning. Good morning. My name is Otto Schmidt. I am a
student at iPrep Academy and I'm here with a petition with over 1,700 signatures
supporting RE.8.
Chair King: Thank you. I love that the young people are here for civic engagement.
They are our future leaders and I want to celebrate the kids that have come to speak,
all of them. Good morning.
Melania Kelsen: Good morning. My name is Melania Kelsen and I'm a magnet school
alumni, a Miami -Dade resident of 33135 and a voter. Vote yes on RE.8. Everyday our
actions as parents, teachers and public representatives teach our kids lessons whether
we like it or not. So, we need to be responsible for what lessons we're teaching them
every day. The Centners claim to value integrity, but what these actions teach us is
that if you have enough money, you can take from others that don 't have as much. If
this land goes to them, that is the lesson this city would be teaching our kids as well.
These parks are supposed to be for the public, not just for those that can afford to
play on them. I know they claim this dome is free to everyone, but the reality is
nothing is free in this world. And the land is worth much more than that, and they
know it. If not, they wouldn't fight so hard for it. Lets start brand new and create
something we can all benefit from as a community and that can keep generating
money for many years to come. Thank you for your time.
Chair King: Thank you. Good morning.
Kerry Aronowit: Good morning, Commissioners. My name is Kerry Aronowitz. I live
on 72nd Terrace here in Miami, Florida. I'm here in support of RE.8. I am -- I don't
have a promotional video. I don't have a PR (Public Relations) team. I am a proud
parent of a pre -kindergarten child at iPrep, an amazing school. The deal with the
Centners is wrong. And we are all here, pink shirts or green shirts, we're teaching
our students, our kids, right from wrong. And that deal is wrong. A commissioner is
no longer in front of us because he was removed by the governor as a result of that
deal.
Chair King: Sir, stay with the agenda.
Mr. Aronowitz: Yes, and ultimately -- Chairwoman, thank you very much -- we are all
here for what is right and what is wrong. This is a public space. It should be used for
a public land, public parks, and public schools. Thank you very much.
Chair King: Thank you. Good morning.
Stephanie Bienstock: Good morning. My name is Stephanie Bienstock. I live in
Edgewater, Florida, District 2. I am a Miami native, business owner in Edgewater,
my homestead for the past 12 years. My investment properties are all in Edgewater,
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and more importantly, a mom of two very athletic children. My passion for the
community and roots are very deep in Miami. I've watched my neighborhood gentrify
and completely transform into a booming, thriving city. But the past three years, I've
become very nervous to even walk to the supermarket with my children. My kids can
no longer ride a scooter or a bike in my neighborhood because of the increasing car
accidents. We need a commissioner to be more worried about our kids and adults by
fostering and prioritizing healthy habits of sports in Edgewater. We have zero
neighborhood sporting leagues or community centers for kids, but Miami Shores,
Miami Beach, North Beach, Bay Harbor Islands, the Underline and Brickell have all
made this a priority. You just awarded Liberty City and we have nothing for our kids
to play sports. As much as I want to support public education for children in my
community, the community did not support me back. When 1 applied for my son to
attend iPrep just living a few blocks away, 1 was denied. He is a straight -A student,
captain of his soccer team, and they're giving away seats to families outside of
District 2 and some even in Broward County. I urge you to ask for the statistics of
where all of their students live. This is why they're at capacity, not because they are
accepting kids from District 2. The School Board wants you to believe they need more
space because of a growing district, but applications are open to everyone in Miami
and Broward County on a lottery system. I fully understand this is a magnet program,
but you shouldn't be convinced that expanding a lottery -based school will directly
impact District 2. We have to compete with thousands of applications for a seat. It
will only impact whoever wins a lottery. Taxpayers within blocks of the school get no
first right for a seat. It's your job to look out for the best interests of District 2
residents, and not the taxpayers in other districts because their children attend iPrep.
Chair King: Thank you.
Ms. Bienstock: My son wants to speak -- but he's very nervous -- about Margaret
Pace Park. Can he attempt or can I speak for him?
Chair King: He can speak for himself.
Ms. Bienstock: He doesn 't want to speak? He doesn't want to speak? He wants to
speak with the microphone?
Chair King: It's pretty scary coming here to speak.
(COMMENTS MADE OFF THE RECORD)
Chair King: Yes, it's pretty scary.
(COMMENTS MADE OFF THE RECORD)
Chair King: No, you cannot have his two minutes. Thank -- you cannot have his two
minutes. Thank you. Good morning.
Avra Jain: Good morning. I'm Avra Jain, 720 Northeast 69th Street. I'm here to
speak in favor of FR.5. Just for clarity, it's a text amendment for Chapter 23 that
allows the opportunity for a project to be presented, a public benefit project to be
presented. The project can't be presented without it. This is a project that would have
to be brought hack to HEP (Historic and Environmental Preservation) Board for their
denial approval or approval with conditions. Chapter 23 never considered public
benefit when the ordinance was written. This is an opportunity to address a problem
that MiMo's been working on for years, especially as it related to Upper Biscayne
Boulevard, where there's a lot of businesses and not enough parking. Just for the
record, I own a property a block and a half north of this. It was as of right for me to
that building and build a 12-story building overlooking all of Palm Grove. And I
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decided to go to the effort to make it historic and down zone it to 35 feet. So, this
project that's corning forward, hopefully, is really for the benefit of the entire
community. For those people that lived in that neighborhood for over 20 years ago,
the height limit there was unlimited. So, much needed project, please support FR.5 for
the benefit of the entire community. Thank you.
Chair King: Thank you. Good morning.
Zac Cosner: Good morning. My name is Zac Cosner (UNINTELLIGIBLE) 180
Southwest 114th Terrace. I'm here representing friends of Biscayne Bay. I've heard
varieties of spice of life, so I'm going to talk to you a little bit about something a little
less controversial, garbage in Biscayne Bay. I'm also an Eagle Scout, and the Scouts,
they taught us to always leave a place cleaner than when we got to it. Unfortunately,
the primary visitors to the spoil islands in the City of Miami and the parks don't
appear to be Boy Scouts. They appear to be people who are very intent on leaving
garbage strewn all over the place. You know, garbage in a landscape doesn't just
make things uglier. It diminishes the quality of the ecology, it's bad for human health,
and it's bad for Biscayne Bay. You know, there was a recent economic study saying
that Biscayne Bay provides $64 billion in value for Miami -Dade County overall,
specifically and especially the City of Miami, which, you know, Biscayne Bay is the
blue heart of And yet, our spoil islands, our parks, our mangroves are clogged with
trash, which kills. fish, which kills turtles, which undermines our ecology, and which
can end up inside of us when fishermen eat the fish that is, you know, are swimming
around in these environments that are clogged with garbage. You recently
unanimously voted to adopt "Leave No Trace" principles. We really appreciate that.
But the principles of "Leave No Trace" emphasize greater stewardship for nature,
respect for others, and just make this a better, cleaner, healthier place to live.
However, we need you to implement and to act swiftly to implement a "Leave No
Trace" policy citywide. This includes removing trash from trash cans and spoil
islands, placing signage on islands, enhancing education, and making sure that we
are doing everything we can to reduce the load of garbage that's going into our storm
drains, that's going into our hay, and that's going inside of us. And so that's -- we've
recently sent over a thousand signature -- or letters _from Friends of Biscayne Bay
members many of them City of Miami residents urging for the adoption of these
policies and we just urge you to take action.
Chair King: Thank you.
Mr. Cosner: Thank you.
Chair King: Thank you. Good morning.
Marvin Tapia: Good morning. Good morning Marvin Tapia, 1901 Northwest South
River Drive. Good morning, residents. Good morning, Commissioners. I got to say I
want to start by saying this is beautiful. I'm really proud of our residents because this
is the way our system should work. Our system is meant to listen to our residents so
we can voice our opinions, which is why I'm in support of RE.8. This is something
that should be open to community, input, not because it's the green versus the pink or
good versus bad. It's because it should be open to the community. We voice our
opinions, commissioners take a decision on that, and that's how it should be, which is
why I'm in support of RE.8. You're going to hear from a lot of people, you've already
heard from a lot of people, the takeaway today. I know you've been sitting here for a
long time; you'll be sitting here for a while longer. The takeaway is that this is for the
community, so whether -- the community decides what should be in that park. Not
special interests, not individuals, it should be the community. And just remember that,
please. And I'm also in support of RE.10. RE.10, Gabela, and Commissioners, I
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believe, should -- we should support that. So, thank you for your time. Again, please
listen to the residents. That's why we're here. Thank you very much.
Chair King: Thank you for coming. Good morning.
Carolina Lara Avashiro: Good morning. My name is Carolina Lara. I'm a resident of
Edgewater, and actually I have something ready to say, but I totally agree with him.
I'm on the other side, but I totally agree with him on the Biscayne Park. I support the
park. As I was standing outside, and the reason I'm changing -- I'm speaking right
now, 1 felt so sad that the kids from both schools should be working together. They
should be friends. This is about them. And I was very upset to see how feisty people
are outside, how they're not talking to each other, how they are angry, when we
should be getting together and analyzing what's best. My personal opinion as an
architect and as a realtor is, I agree that public schools need more space, better space
with windows. I agree that teachers need a better place to live. In my personal
opinion, that specific spot, I don't think we can put more people on that street. I think
having a park would be a way better use of this space for everybody in different times
of the day, in different seasons. And I'm pretty sure we can come together to find a
very good use of this public space for everybody. And, of course, not acknowledging
what iPrep is in need of because I know -- today my son goes to private school, but 1
went to public school. So, I'm not against helping and finding a solution, but in my
opinion, that specific site on that specific street, putting a thousand more people
coming in and out together, being in residences or being in school, it's -- I don't know
if the street can support it. So -- and I wish that we can get together to make what's
best for the public. So, I totally agree with the gentleman that was here before me.
Chair King: Thank you. Good morning.
Walter Arguelles: Good morning, members of the Commission. My name is Walter
Arguelles. Address is 6070 Southwest 25th Street. I am here today taking time out of
my busy law practice to discuss matter RE.8 and humbly ask that this Commission
consider revoking the licensing agreement that was previously issued and secured and
rather spearheaded by former Commissioner Mr. Portilla. As we all know, there's
very serious allegations regarding how the licensing agreement itself was secured.
That in and of itself should be enough to raise red flags here. The mere appearance of
impropriety should lead this Commission to revoke the licensing agreement.
Nevertheless, let me remind you all that as members of the Commission, you have a
fiduciary duty to act in the best interest of the public, not interest of groups such as
the Centners who are proposing this measure and are looking to financially benefit
from this measure. With that being said, I respectfully request that the Commission
does the correct thing here, revoke the licensing agreement, let's all go back to the
drawing board, bring everybody who has some type of interest here, and propose
what is the best use for this land that we are here to discuss today. Thank you very
much.
Chair King: Thank you. Good morning.
David Centner: Good morning, David Centner, 3050 Biscayne Boulevard. I hope I get
this within two minutes. I didn't -- I didn't time this, and I'm about to drop a bomb, so
maybe you'll grant me a little bit longer if I go over. I don't even know. So, we've
been trying to make it a substantial gift to the City. It's surreal that we're trying to
fight so hard to give our money away. So much has happened in the past month. I'm
actually aligned with you, Commissioner King. I really wish there was a way that we
could figure out some way to work together. I've tried to speak with everybody. I've
tried to speak with iPrep parents. I've tried to speak with iPrep leadership. I've tried
to speak with the School Board. I have offered creatively. We happen to own some lots
on 20th Street, literally, one block away from the park, to work with the School Board.
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Maybe iPrep can be located there. I got kind of a big yawn and a nonresponse from
that idea. There's been parents who have wanted to speak with us anonymously from
iPrep who have been told that they're being traitorous and ostracized from their
group. So, you know, and along the way we've been defamed and trolled and attacked
and villainized, trying to do the thing. You know, this really is a scary place to speak,
Commissioner King, and to be -- nobody here will even look me in the eye. Most
people say screw this. Nothing against public schools or the School Board. My mother
actually worked for Miami -Dade County Public Schools for over 40 years. You can
check it yourself. So you all know the back story. I think I'm running out of time. I
don't know how you're feeling about this. We're pulling out. We're reasonable
people, though. We know that -- there's actually one of the iPrep parents I actually
agree with who was like, the process -- there's enough new information about the
process that maybe we should reexamine this. You know, I'm okay with this. You
know, we're still open to improving the park. We're not interested in spending $10
million on a dorm sports park. Too much harassment.
Chair King: Thank you.
Mr. Centner• Okay.
Chair King: Thank you.
Mr. Centner: I think you got my point. Thank you.
Chair King: Good morning.
Evelyn Hernandez Velez: Good morning. My name is Evelyn Hernandez Velez. I live
at 553 Northeast 75 Street. And I'm here to speak about the 35 foot height limit
amendment in the MiMo District. I've lived in the house immediately behind the
property for 24 years. The MiMo Historic District and its protective 35 height limit
are the hest things that ever happened to the area. Mine is one of the four single-
family homes abutting the property. No one wants a 55-foot building looking down on
their backyard. The City should be vigorously protecting the 35 foot height limit, not
trying to change that height limit and set a bad precedent. This developer has
proposed building underground parking previously with only a private investment.
Here the Miami Parking Authority will be subsidizing in the construction and windfall
for the developer. The 35 foot height limit is based on sound urban design concepts,
including the Miami -Dade County Urban Design Manual and input from the Miami
Planning Department. It protects the character and the scale of the area, especially
an area like ours, where much of the boulevard backs up against single-family home.
It took a lot of effort to establish both the MiMo Historic District and the protective
35 height limit. But now our protective height limit is threatened and don't let anyone
convince you that this wouldn't set a bad precedent. I know that we need some
parking on Biscayne Boulevard. And we could get that through other means, but
building underground, we don't have to. The height limit doesn't have to be touched.
Right now, traffic on Biscayne Boulevard is horrible to get from one block to another.
If today we allow a 55-foot height deviation, tomorrow someone will ask for a 75 foot
height deviation.
Chair King: Thank you.
Ms. Hernandez Velez: Please protect it.
Chair King: Thank you. Good morning.
Grant Stern: Good morning. Grant Stern, 425 Northeast 22nd Street. You know, I
came here with this flyer that I received from the Centners to tell you a little story
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about it. Big surprise, they donate some of their philanthropic money to the
organization so dangerous Facebook and Instagram banned them, not just from
children seeing it, but from everybody seeing the vaccine misinformation that they
spread. But I'm here to talk about what kind of city we want and support RE.8,
because if we want a City that's fair, that works for everybody, that treats everybody
the same, then we're not going to give out no -bid deals on $100 million pieces of
property with no appraisal even, just because somebody is wealthy. And I'm going to
tell you something. Look up here. Everybody look up for a second. Do you see the
lovely zodiac up here? That was discovered actually and refurbished by an early
administration. And there's another room that contained a similar zodiac. It was
called the Star Chamber. It existed in England back in the very olden days and it gave
different justice to the aristocrats, the wealthy, the nobles, the people of higher
standing. And if we want to be a city that gives special deals to wealthy people
because they can buy fancy lobbyists, or even be unregistered lobbyists and speak
before this body like the Centners did on January 11 th, or be lobbyists and not tell
everybody, hey, we're lobbyists, when they give these speeches because they're now
registered lobbyists. There's no public interest in this like you'd see in this flyer. This
is self-interest. They're going to bring us a farmer's market so they can sell their
produce. They're going to have 36 ticketed events each year. It's going to be open to
the public, so you'll buy a ticket. This is about what kind of city do we live in, a city
for the residents or a city for the wealthy people who can move here and buy literally
whatever they want, and the City will just turn a blind eye to it, and when they find out
that it's a bad deal, they say, you know, we're not going to change our minds. We're
just going to stick with this bad deal.
Chair King: Thank you.
Mr. Stern: Thank you.
Chair King: Good morning.
Denise Galvez Turros: Good morning. I'm here to speak on two items. My name is
Denise Galvez Turros. I am a resident of the city, but I'm also a member of the
Historic and Environmental Protection Board. One of the items I wanted to speak on
is the MiMo parking lot. I have to tell you, I've been on the board for over five years,
and we looked at this item and considered it very carefully. And I don 't speak for the
rest of the board, but what Ms. Jain is proposing to do with the MPA (Miami Parking
Authority), it's a very, very narrow exception that we're making for something that for
years we've been hearing complaints about in the neighborhood. And so I don't think
this is going to set a bad precedent as long as we keep the definition very narrow that
it's for the public interest. The underground that the previous lady suggested, we
looked at that. That's not feasible. It's just not possible on that lot. So, please vote to
approve that parking lot. The second item I want to speak on very quickly is this
pocket item that Commissioner Carollo put forth to appoint Jose Suarez. I'm not sure
why we're trying to bring back an employee who just left the City abruptly and is not
qualified for that position hut I ask you all to just keep in mind his history of
appointing people to positions, cronies like the most recent Miguel Ferro at Tower
Theater. That theater now is abandoned. There's nobody managing it. It's
permanently closed, sometimes open, I'm not sure what the hours are, but please do
not allow Commissioner Carollo to appoint anybody to that position. Perhaps wait for
the audit of Bayfront Trust before we select somebody for such an important position.
I spoke to Jose Solano yesterday, an employee of that trust for 24 years, who would be
glad to come back to that position. He was driven away by Mr. -- Commissioner
Carollo, so please treat our public assets like they deserve. They're for the
community. They don't belong to you and they don't belong to him. They belong to all
of us. Thank you.
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Chair King: Thank you. Good morning.
Henry Patel: Good morning. My name is Henry Patel and I'm speaking in support of
FR.5. Quickly, I might ask a little extra time. I want to stay in respect of the time, but
quickly. The biggest losers of the MiMo District are the business owners. Me with
another few others, we own hotels since 1980s. A lot of people don 't know that it used
to be Cl zoning with 110 feet. Before, many people who complain today about height
say that we should not allow 55. It used to be 110 feet when they were living there. It
was downzoned when Commissioner Sarnoff represented us. And we are the real
losers because with my wife and children, I -- George knows me pretty well. We go
back when City wanted to clean up the Biscayne Boulevard and I opened up my hotel
doors to the Miami PD (Police Department) to do sting operations. By the way,
Commissioner, greetings to you. You don't know me, but it's a tough job, but I'm glad
you took it. So, we were downzoned from 110 to 35. At that time we came here,
Commissioner Sanchez and Commissioner Gort were in favor to compromise at 55,
but the other commissioners won't give up. Now we are stuck with a bag where we
worked our rear end offfor 35 years. IfI need some money for my emergency, I don't
have -- I lost my investment value. I did not decide to sue City of Miami, and now the
TDR (Transfer Development Rights) has ties where I cannot even sell TDRs if I have
not refurbished my hotel in the last ten. years. That's a challenging situation for
somebody like me and other five, six business owners who can do nothing with the
investment we work -- nobody wanted to come on Biscayne. We have seen bullets on
Biscayne. You can ask about a dozen chief of police of my commitment to this
neighborhood. But today, I'm standing -- we should come to a compromise. Because
36th Street and Biscayne can have 47 stories, but 72nd and Biscayne cannot have 55
feet? That is ridiculous. That is just unfair to people who have worked their butt off
for the rest of their life to put our investment with a wife and kids.
Chair King: Thank you, thank you.
Mr. Patel: And I beg you to make sure you make --
Chair King: Thank you.
Mr. Patel: -- a rational decision --
Chair King: Thank you.
Mr. Patel: -- and think about the future --
Chair King: Thank you.
Mr. Patel: -- of the neighborhood.
Chair King: Thank you, Mr. Patel. Good morning.
Stephanie Lera: Good morning. Good morning, esteemed commissioners and
community leaders. My name is Stephanie Lera and I'm a District 5 voter. I live at
810 Northeast 74th Street and I'm a parent of children who attend the Miami -Dade
County Public School iPrep Academy. I also am a public school graduate of Dr.
Michael Krop, Senior High School 2002. I come to you today as a concerned and
active community member troubled by the decisions that may prioritize private
interests over the collective well-being of our public. Our community stands at a
crossroads with the future of Miami's public lands and consequently our spirit of
communal life at stake. Recent actions threaten to divert resources from our most
vital institutions, notably public schools. A symbol of educational excellence within
the public school system is iPrep Academy. iPrep 's potential for expansion, essential
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for fostering greater achievements and brighter futures for our students, is
jeopardized by the encroachment of private developments on private land. Starting as
early as 2016, there was a hopeful negotiation for an iPrep building, reflecting our
commitment to educational progress. However, this plan is now being threatened by
developments that favor private gain over public benefit. As guardians of our future,
we must advocate for the preservation of public lands for educational growth and
communal growth. We call upon you to stand with us in upholding the principle that
public lands should serve the public good, opposing any actions that compromise this
ideal. Our parks and our open spaces are not mere commodities, but the heart of our
community, crucial for recreation, learning, and growth. As we consider the legacy
that we wish to leave, let's unite in valuing our public lands for their true purpose, to
educate, inspire, and to serve the public interest. We trust in your leadership to
prioritize the collective interest of the community, and we ask that you vote yes to
RE.8. Thank you so much.
Chair King: Thank you. Good morning.
Melina Toffalo: Good morning. Good morning. My name is Melina Toffalo. And I
didn't prepare anything. I will improvise. I have two girls, single mom. My girls go to
Centner and they play tennis for the last ten. years. And we never know if we can play
or not. It depends on the weather, you know, the heat, the mosquitoes. And I think this
project is amazing for everyone, for the moms, for the kids, and for Miami. I think it's
incredible because we don't have this in Miami and could be part of the -- fbr the
tourists or fbr the people to see something else like this amazing. I don't know if you
understand the idea that I'm trying to say. Like, it's a beautiful city, and my family,
these beautiful people are very generous donating the money, to do it. So, you don't
even need to put money on. And they are not just generous with Miami, they are
generous with me, with myself not with me, with my girls, and with other people at
the school giving scholarships for single moms or like, you know, poor people as I
am. So, thank you for listen. I hope you understand me. Thank you.
Chair King: Thank you. Good morning.
Tabatha Janna: Good morning, Madam Chair. Happy birthday and fellow
Commissioners. This is a time I wish I had the superpower of public speaking or the
wit and grace of Ms. Bendross-Mindingall, but I don 't, so I will keep it short. Thank
you for the opportunity to address you today. My name is Tabatha Janna, a District 2
Brickell resident for over 30 years, a registered voter, and the voice of my three- and
five -year -old children. I am here to express my support for your revoking the license
agreement discussed under RE.8 related to Biscayne Park. 1 agree that we do need
more and better parks. 1 agree that we need more space Jroall the children of the
community. But I strongly agree that we also need more schools. As a parent, we are
constantly facing a plethora of challenges and decisions. One major decision is the
school choice, and the flock of new residents of our City is low on school inventory,
whether it is private or public. I am grateful to hear about philanthropists willing to
improve our community, hut wish that they went about the correct way, without
having any relation to corruption, without spreading misinformation, without
sidelining the work of many of the school board and the Omni CRA. I wonder if they
would give their donations if the project was not across the street from their private
school. Again, I kindly urge you to vote yes to revoke the deal. Thank you.
Chair King: Thank you. Good morning.
Daniel Lee: Good morning. My name is Daniel Lee. Thank you, Commissioners, for
hearing us out. I really admire the things you do and all you have to go through every
day that you do one of these public hearings. I live at 13th Street -- I'm sorry, 13
Northwest and 44th Street on District 3, but I own a condo in District 2. I lived in
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Brickell before, and as the lady who lives there, I'm concerned about parks and about
schools. And I'm here to oppose RE.8. 1 know that you brought it up, but I'm here to
oppose it because I really think that we should keep any deal that in some way
protects our parks, that keeps land that is zoned as a park as a park. I have a three-
year -old son. This week has been fantastic because the weather has been permitting
me to go to the park with him every single afternoon. I've loved it, but it's not always
the case. Sometimes it rains, sometimes it's too hot outside, and I would love for him
to have access to a soccer league or something of that nature in our district. And I
think that unfortunately we don't have more land. We don't have more parks to be
able to do something like that and to have something like that. 1 saw, like, in the
morning, Mayor Suarez was enforcing or trying to bring upon us, you know, his new
program of sports and all these fitness activities. And I think that, yes, that's
something that is really good as is education. I'm not denying that education is great.
But I think that we need to protect this as a park. And I hope that you find a way to do
it. I hope that we haven't scared this family who's donating because I just heard them
bring a bomb and they were pulling out of the deal. I hope that we're not the city who
kills parks and encourages whoever gives a donation to preserve a park to take that
donation away. So, thank you very much.
Chair King: Thank you. Good morning.
Mayulro Kaji: Good morning. Good morning, Chairwoman, good morning
Commissioners. My name is May Kaji and I am here as a proud member of iPrep
Academy and our community in Edgewater. I am here to speak in favor of this item,
RE.8. This decision that is being made today is about what is right and fair and what
is not. A decision about public land deserves a truly public and transparent dialogue
that involves the public, good government, and due process. Our community in
Edgewater is growing, and the needs of future Miami public schools students depend
on this land. It's worth re-evaluating. Please vote yes to RE.8 today. Your decision
will say Miami is open for business, but Miami public land is not for sale. Thank you.
Chair King: Thank you. Good morning.
Eileen Bottari: Good morning. My name is Eileen Bottari and I live in the Upper
Eastside in the Palm Grove neighborhood. I have a pass out that's going to be given
to you of pictures so that see exactly where this 7500 Biscayne Boulevard lot is, that
we're opposed to the 55-foot height increase from 35 feet. We are not opposed to the
project. We welcome the project. We welcome the parking garage, as long as it stays
within the confines of the 35-foot. The 35foot height limit has brought harmony and
balance to our neighborhood. Page one shows you an aerial photo of it. Page two
shows you the north side, which is 7550 Biscayne Boulevard on the corner. It's a two-
story house that's on Biscayne and 76. Behind it are three single-family homes that
abut directly to the back of the lot. So, you have -- this lot is going to be right on top
of these homes. On the east side of the lot, across Biscayne Boulevard, is the
commercial strip. As you can see on page, four, it is two stories. On page five is on the
west side of the lot, which is Evelyn's house. She spoke just a few minutes ago. We
support new development in the Upper Eastside. What we don't support is that for the
first time, I am here fighting the City. I've come down here for the past 30 years
always fighting a developer who's been trying to get some type of height upzoning or
some type of waiver. I said, but now here I am with my fellow neighbors fighting the
City to protect our --
Chair King: Thank you.
Ms. Bottari: -- neighborhood. Thank you.
Chair King: Thank you. Good morning.
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Allison James: Good morning. Oh, excuse me. Can you hear me okay? Alright, good
morning, Commissioners, good morning, parents. Happy birthday, by the way. My
names Allison James. I am a resident of Miami, Florida, 33137. I was born and
raised in Miami, Florida. I'm a product of public schooling, which I appreciated very
much. Not only did public schooling help grow me as an individual, but an
educational intellect because I graduated from FIU University. I am in a career that I
love and thrive in. I currently have two children who are attending iPrep Academy
who are also thriving in the same community because public school has that impact
on you. Not only do they receive an impeccable education from iPrep, but they also
are involved with other kids from other backgrounds and cultures. Public schools like
iPrep are beyond worth fighting for; for our children benefit in more ways than one.
The opportunity for a bigger one would be impeccable because this would obviously
give more kids that are trying to get into iPrep, which is a magnet school, not a
charter school. And it's a free public school. So, for RE.8, I implore you to terminate
the license agreement, make it more where we can bid and speak our peace, so we
can actually see what we're going to do with Biscayne Park. Thank you for your time
and have a great day.
Chair King: Thank you. Good morning.
Leo Boccardi: Good afternoon. It is.
Chair King: Good afternoon.
Mr. Boccardi: Good afternoon, Commissioner Reyes, Carollo, Gabela and Pardo and
Chairwoman. Happy birthday. We are Pisces. My name is Leo Boccardi. I am -- I live
at 100 Bayview Drive in Sunny Isles. in opposition of RE.8. I moved to Miami from
Canada where there are multiple parks in every neighborhood, but they can only be
used half of the year. I've been here for three years now, and it's not easy to find
available green space for me and my family and our community. But here in Miami,
we can use parks 12 months a year, but we also have harsh weather, especially in the
heat in the summer. Therefore, for me, it makes sense to have an air -controlled dome.
This morning, we also heard Mayor Suarez say some of the priorities for the City,
which are mental health, exercise, athletics, and to have green spaces to stay. And
this is exactly what this project will deliver, these benefits. But we also just heard
David and Leila Centner rescind a donation of ten million dollars as a result of a very
public, misinformed, and defamatory campaign by those against the dome project,
including Commissioner Pardo. 1 was raised not to disrespect generosity so now you
need to find a way to upgrade Biscayne Park and to make it as beautiful and useful as
the project from the Centners would be. Thank you.
Chair King: Thank you. Good morning.
Amanda Bonvecchio: Good afternoon.
Chair King: Good afternoon.
Ms. Bonvecchio: My name is Amanda Bonvecchio, and I am speaking in favor of item
FR.5. I'm a licensed architect whose office is in the commercial district of MiMo and
I believe this text amendment is commendable as it will allow for a project like Ms.
Jain's to be presented that addresses a dire need for parking in the community. Please
support FR.5. Thank you.
Chair King: Thank you. Good afternoon.
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Oleksandr Kovalov: Good afternoon. My name is Oleksandr Kovalov. I would like,
first of all, to thank this opportunity to speak and to be heard. 1 cane here not so
much time ago, and for me to have this opportunity as a resident of Miami to really
share your thoughts about how you would like this city to look like is very important.
So I would like to thank everybody for this opportunity. Initially I would like to pose a
question. How easy is it to find a person who is willing to fund $10 million for public
school, sorry, not for public school, for public park, building, like taking care of the
development and maintenance. And frankly speaking, for me, I was surprised ten
minutes ago that Centner is pulling out of this deal. But I would like to say this, that
we residents of Miami, we still want to see park on this public land. And no matter
what, like, no matter who will build this park but we would like this park to be built.
So, before, you have the budget for it, and you have the person who is willing to take
care of it. And right now, it is your job to find a budget for building of this public
park. Public land for public parks. Thank you.
Chair King: Thank you. Good morning.
Marcela Lazano: Good morning. Happy early birthday, Commissioner. Thank you for
being here all morning, listening to us. I echo everything that the parents of iPrep
have said and a lot of what the parents of the Centner Academy have said as well. I'm
here today, District 5 active resident, the mother of two children, a five -year -old and
a two -year -old, to ask for your support of item number eight and for the termination
of the license agreement fbr Biscayne Park. I also, based on recent events, ask you to
not feel strong -held or pressured over any change in circumstances. I think there's a
lot more for Biscayne Park than just a dome or no dome. There's a lot to explore.
We've talked today about possibilities and working together, and we should not feel
threatened or fearful due to a change in those circumstances. And the love -- if the
love, for our community, and the love for the park is still there, then we'll make it work.
And I think we're all in favor of a green space that would be Biscayne Park. So, I ask
you to consider that when you support item number eight. Thank you.
Mr. Hannon: Chair, if could have the speaker's name. Ma'am?
Ms. Lazano: I'm so sorry. Marcela Lazano. Thank you.
Chair King: Good morning -- good afternoon.
Deborah Stander: Good afternoon. My name is Deborah Stander. I live at 830
Northeast 74th Street, and I'm here to speak on FR.5, the MiMo/Biscayne height
ordinance. 1 have heard different, obviously, opinions about this proposed change in
the height ordinance. And my position on this is that this does not have to be an
either/or situation. I think that we're talking about legislation, and legislation can be
tailored and worded to try to satisfy different positions. So, I've brought, and I will be
handing to the Clerk, some handouts fbr the Commissioners which both list the
.findings of the HEP Board. And I noticed that one of the HEP Board members just
spoke to you. She left before the HEP Board voted on this item. And so she was not a
part of the vote. The HEP Board voted unanimously to deny recommending this
legislation to the Commission only because they felt that it ,failed to sufficiently
address some very important issues. So, I'm going to give you a list that shows the
HEP Board's findings, what they found wrong with it, and some proposed additions
that might be made that have -- reflect community, input and also try to address the
HEP Board's concerns. So, I'm adding these now. I think that Commissioner Pardo,
you have in your district -- you have a couple of neighborhood conservation districts.
And I know Commissioner Reyes, in your district, you have --
Chair King: Thank you.
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Ms. Stander: -- the Coral Gate. Right.
Chair King: Thank you.
Ms. Stander: Okay.
Chair King: Good afternoon.
Maureen Luna: Good afternoon, Madam Chair and Commission. Maureen Luna. I'm
here to speak on RE.8 in support to revoke the licensing deal for Biscayne Park. But
first, let's not make this about two schools against each other. What it's really about
is a bad deal, a deal many of you weren't properly informed about prior to this
month, a deal that does not address the largest possible audience, and a deal by
where one day could possibly bring hardship to the City of Miami and their staff.
While many points have been addressed here today, these are a few undeniable facts
I'd like to leave you with. There are 21 acres of land currently in the city of Miami
that are generating zero tax dollars. Under much of this is undeveloped,
underutilized, or worse, forbidden. With the termination of the Biscayne Park
licensing deal, this can change. Based on the independent study that the CRA did
under the Omni Redevelopment Plan, it is expected to bring over $400 million
annually, annually to that area to be reinvested in that community. This is a far cry
from a one-time $10 million payment. Green space? That's another question. The
current plan reflects the development of using no green space. The only thing that
utilizes green space is the dome project. There will he no green space used in what's
currently addressed. Lastly, the question of how we will pay for it. Once the deal is
revoked, the land value is appraised, and a proper RFP (Request for Proposals) is put
in place, I promise you the funding will come. During that process, you can trust that
this hot pink army will be there to make sure that it happens and each are hold
accountable.
Chair King: Good afternoon.
Adam Kownacki: Good afternoon. My name is Adam Kownacki, and I'll give my time
to Ms. Leila Centner.
Chair King: We're not giving time.
Leila Centner: With all due respect, Commissioner --
Chair King: We're not giving time.
Ms. Centner: -- Pardo announced it yesterday.
Chair King: We are not --
Ms. Centner: We told our people to not show up --
Chair King:: Ma'am --
Ms. Centner: -- because we thought we were going to have more time.
Chair King: Ms. Centner, please do not argue with me. I've already stated that we are
not giving time.
Ms. Centner: Go ahead and speak then.
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Mr. Kownacki: Thank you. I'm a parent of two boys. I live in Brickell, and 1 oppose
RE.8. We live in an area where park space is limited, especially in the summer
months. It's very hot, so a dome would be very helpful here staying in Miami because
it does get very humid. And I think we lost something great with the Centner, like
doing away with the money. So, hopefully, you guys can find another great space and
$10 million to come up with a great space for kids to play with. Thank you.
Chair King: Thank you. Good afternoon.
Wendy Hernandez: Hi. Good afternoon. My name is Wendy Hernandez and 1 am the
mom of an iPrep student and another student that goes to public school at a different
school. So, I really thought through this a lot. My son, Adam, he plays soccer and so
he would stand to benefit from this dome, let's say. And so when we talked about why
is mommy active and why is she doing this, we talked about right and wrong and
what's needed and what's not needed. So, for those of you who practice soccer;
there's plenty of public parks. Adam practices in Dorsey Park in Miami -Dade County,
so there's land there to practice in. I'm speaking in support of RE.8. I come before
you today fueled by my love of community and my commitment to doing what is right.
Our public school system, alongside us as parents, instill in our future leaders the
value of integrity and making ethical decisions. To that end, I hope that as you have
researched, listened, reflected, you have become convinced that the Biscayne Park
deal is a flawed deal. Therefore, I urge you to demonstrate to our children that our
politicians can and will prioritize righteousness by supporting RE.8. As I remind my
children every, day at every single drop-off',' make good choices, Commissioners. Say
yes to RE, 8. Thank you.
Chair King: Thank you. Good morning -- good afternoon.
Ms. Centner: Leila Centner, 3050 Biscayne. And I just want to reiterate, we are no
longer in a desire to donate, donate $10 million to the City. We are no longer
interested. And thank you, Commissioner Pardo, for your social media post, which
has to he some sort of ethical violation, to encourage everybody to come out here in
support of -- by the way, your constituents are the people that would have been using
that park. It was not going to be a private park. It was going to be fully accessible to
the public, just as it is now, except it will be usefid. The way it is now, it's just dirt. So,
I hope that you can find the replacement to beautify the park, because my husband
and I and our community, and we will make sure hundreds of thousands of people
come out to support to make sure that stays a park. A park is a park is a park. You
cannot build a tower. You cannot build a school that only has capacity for 2,000 kids.
And I know many, many parents who have tried to get into that school and they can't
because there's a waiting list. So, tell me how giving it to iPrep is good for the
community when there's only 2,000 kids that can go there. Is that fair? No. I just want
it to be a park. And whether you use somebody else's donation, I don't care. Let them
pay for it. I just want it to be beautiful. I want it to be green space. And it doesn't
matter to us what you put in it. That's what you guys don 't seem to understand. We
don't care. We just want it to be green space, but we won't allow it to be a building. It
doesn't need to be. And you know what? The School Board has over 500 parcels. Why
don't they take one of the 500 parcels that they're so supportive of your school and
give you one of those 500 parcels' and donate it to you, iPrep, because I know you're
doing a great job with what you 're doing. I have to commend you with that. So, tell
the School Board to give you some of their unused land so you can continue to build
your beautiful project, which I support, just not on that area.
Chair King: Thankyou.
Ms. Centner: Thankyou.
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Commissioner Pardo: Madam Chair, 1 just wanted to add that I'll discuss that when
we discuss the item.
Chair King: Good afternoon.
Marica Morelli: Good afternoon, everyone. My name is Marica Morelli. I live in 2020
North Bayshore Drive, Edgewater, District 2. So, I had prepared something to say,
but then she said whatever I had to say, so I was a little nervous before coming here.
Now I'm even more. Sorry for my English, I'm Italian. I moved to Miami 10 years ago
and it was a dream corning true. 1 have to say 1 always speak from the bottom of my
heart and I want to say something to Commissioner Pardo. So, 1 voted for you, I
respected you, I was kind of really upset when I saw your Instagram post yesterday. I
don't want to make any polemics. I just want --1 always believe that politicians have
to make decisions. I'm most of the time grateful for the decision that they make, but
it's not their job to take sides, at least until the very last moment. So, as a resident of
District 2, where I walk every day and I have a perspective like just a little bit maybe
better than some other people who are here that don't live the place, I would expect
for you to wait to hear my voice because I'm not here -- just not mine, because I'm
here representing my kids and many other families that trust you, or at least trusted
you. Said that, as long as I understand that the dome is not happening anymore and
it's breaking my heart because it was amazing and I wanted to have it done. And
please be careful whatever you decide to build on that land because we have already
two schools. (UNINTELLIGIBLE) business with hundreds of schools running around
like crazy all the time. A car dealer with trucks going around the building all the time.
And I don't know if you know already, a mom got killed, like, last week, because she
was walking there with her stroller, and it was hit by a truck. So, it's devastating what
is happening. It's super crowded. Take care of my district.
Chair King: Thank you.
Ms. Morelli: Bye.
Chair King: Good afternoon.
Leslie Del Monte: Good afternoon, Madam Chair, Commissioners, Leslie Del Monte.
I'nz here to speak on Resolution 8, asking that you revoke the existing license
agreement. This isn 't a battle of private versus public. This isn 't even about iPrep and
Centner Academy. This is about right versus wrong. And you, Commission, have the
opportunity to right a very bad wrong. You have the opportunity to right a process
that was deliberately misguided and, quite frankly, violates every procurement law in
the state. You have the opportunity to distance yourself from a decision that was
purposely skewed against you and a decision with strings that you were not purview
[sic] to. You have the opportunity to create an equitable and fair process. You have
the opportunity to prioritize public schools, students, and teachers, and parks with full
access to everyone. Because I'll remind you that the previous plan did not use those
entire seven acres and left the majority of it for a park. But ultimately, you have the
opportunity to prioritize the Edgewater and Omni CRA community, whose sole
purpose is to eliminate slum and blight. You have the opportunity to reinstate a 21-
acre plan that, if carried out, could generate over $4 million in tax revenue and a
projected $1.4 billion over the life of the CRA, money that has to be used to benefit
that area. You have the opportunity to completely revitalize and completely transform
the Edgewater community. But these are things you know. These are things that have
been in your plans jroyears. These are things that the current deal doesn't do.
Speaking of which, I'm taken back by some of the threats or at best challenges that
have been thrown at you in the last few minutes. But boy, I've never seen somebody
fight so hard to donate $10 million.
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Chair King: Thank you.
Ms. Del Monte: The benefit is in the value of the land.
Chair King: Thank you.
Ms. Del Monte: I hope you recognize that. Thank you.
Chair King: Good afternoon.
Flavia Guardinella: Good afternoon. My name is Flavia Guardinella. I'm here to
speak in opposition of R-8 [sic], which sadly, for everyone now, will not have a
chance to go through anymore. This was not about a side. I'm all for good public
schools. I wish there were more public schools, better public schools in Miami. And
I'm sure that iPrep needs a new building, and they have for many years, but there are
many other spaces, like Leila mentioned, in the city and the buildings that they could
move to. They don't have to take the scarce green space that there is in the city, not to
mention that this park was a deal of the Freedom Park, which it's shown as a park
and it should remain as a park. This park was a donation, the indoor park was a
donation and all -- for all community kids and adults, not just a few. It would have
allowed District 2 to have, just like we saw for District 5, great community teams and
do great things. Among other things, like Mayor Suarez said, parks have infinite value
because they last forever. This indoor park was not going to cost the City anything or
its taxpayers. All revenue was going to go to the City. You should have read the deal.
And it would have allowed the community and the city to thrive. I'm also very
disappointed, as a community member, the fact that commissioners were going on
public and social media to say their vote when the hearing had not happened. I also
came out today out of my free will, I took a PTO (Paid Time Off) work day, to be here
and have my voice heard. And it's unethical and un-American to, as commissioners,
not hear the community at large first before saying a vote, which, as I heard correctly
in the beginning of the hearing, that is not allowed. So, commissioners don't know the
rules? Strange. Why are they supporting a side without listening to the community?
Again, unethical, unprofessional and the City has _failed our community. Parks are
important for all communities. There is extensive land in Miami to build buildings and
other schools. I will always fight for Biscayne Park to stay a park.
Chair King: Thank you.
Wendy Mendoza: Good afternoon, Commissioners.
Chair King: Good afternoon.
Ms. Mendoza: Thanks for your time, by the way. It's been a busy day. So, my name is
Wendy Mendoza. I live in the Upper Eastside, 815 Northeast 70th Street, and I'm here
in support of FR.5, the parking garage, which looks really beautiful because we
desperately need parking. Twenty-five years in the neighborhood, the same empty
lots, businesses go in and out of business because there 's nowhere for people to park.
And now we have, even at the end of my street, two empty buildings that have just
been now years empty where now people are sleeping behind them. So, we want more
businesses on Biscayne, which means we need more parking on Biscayne. And if
we're able to do this parking garage and perhaps another one on the other south end,
similar to what they've done in the Design District where they've consolidated
parking to four structures and then the rest of the buildings don't need it. And then
you create this very walkable, beautiful area. So, let's do that for my neighborhood.
Thanks, guys.
Chair King: Thank you. Good afternoon.
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Cecilia Carcamo: Good afternoon. My name is Cecilia Carcamo, and I also live in
70th Northeast Street, Biscayne, at the MiMo area. And I'm also here to speak about
the item FR.5. And I think that that the neighborhood is going to really get benefit for
the parking, because as Wendy mentioned before, it is a neighborhood where we need
to convert it into a very walkable space. Going out there, it's not nice to always have
to take the car to do whatever we want there in the neighborhood. It would be really
nice to just be able to walk to the stores and also make it more vibrant and dynamic
neighborhood. So, a place with parking and more business is more -- yes, more
business 1 think is very useful and helpful for us, for the people who live there. It's
going to make the streets safer. It's going to benefit the community. So, thank you very
much for your time.
Chair King: Thank you for coming. Good afternoon.
Lina Carrera: Good afternoon, everyone. I'm Lina Carrera, Coconut Grove resident
and real estate broker. My six -year -old daughter goes to iPrep. We are so proud of
our public school system because my husband and I are both a product of them. Go
Coral Park and Killian High for anyone in the room. For the record, iPrep is a public
magnet school of excellence. And it's clear we need more of them. It goes from Pre-K-
4 all the way up to 12th grade. It costs a whopping zero dollars to attend. And they
get the highest level of public education that attracts the highest level of universities
like the University of Florida and other institutions like Yale and Harvard. Go Gators,
yes. For these reasons and many more, there is a 1,500 person wait list. Because not
just the neighborhood wants to get into iPrep, but the entire Miami -Dade County is
trying to get into iPrep. Tomorrow, I believe, the lottery results come out, and there's
going to be many of your constituent parents that are going to be so delighted, and
many of them that are going to be so disappointed, because now they'll have to figure
out a private route to send their kids. Or they'll have to drive really far or really make
a lot of sacrifices as a family. So, that needs to change, right? That's not okay. This is
so much more than just a little seven -acre park. This is a 21-acre master -planned
community -centric opportunity that only fortunately got sidelined. If we work together
we can come to the table together and redesign those 21 acres to build more public
iPrep, more public parks, more public domes, et cetera. We can make magic happen
in the city.
Chair King: Thank you.
Ms. Carrera: Thank you.
Chair King: Good afternoon.
Damian James: Good afternoon, Commissioners. Happy birthday, Commissioner
King. My name is Damian James. I have both -- two boys at iPrep, a five- and an
eight -year -old. I've been a resident of Morningside for the last 20 years, and I'm
speaking in favor of RE.8. I didn't plan to speak today. I'm not a great public speaker,
but I decided after listening to all these antics by the Centners presented today that
they're trying to misinform the public. And misinformation, especially when it comes
from public interest, is very dangerous. We have to sit through this whole video,
which is a diatribe of misinformation, and they've been putting out flyers and
brochures, which is also misinformation. So, I'm glad that we got a chance to speak
in front of you guys and give you guys our view as a public. And as Mr. Centner
himself grew up in Miami -Dade, went to public school in Miami -Dade, he's done very
well for himself but at the same time, he's not considering everybody else. And it's
not -- I don't think that's fair. I don't want to -- I know commissioners are being
blamed for the initial vote. We can't blame the commissioners if they're misinformed
in the beginning. So, I just wanted to hope that you guys make the right decision, you
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have a chance to make a change in the thought process. And I just want to make sure
that we're doing the right thing for our kids. I'd like to end with a quote from Bob
Marley that says you can fool some people sometimes, but you can't fool all the
people all the time. And I just want to make sure that we're doing the right thing for
our kids and for our community. Thank you.
Chair King: Thankyou. Good afternoon.
Brenda Betancourt: Good afternoon. Long meeting. Brenda Betancourt, 1436
Southwest 6th Street. 1 have a couple of things about the items that you have in
discussion for the board reports. I want to thank those who you appointed. At least we
have meetings in the last twice. And I think it's very important for the public to
understand that sometimes it's hard, but those who volunteer for the boards, we are
doing it without getting paid. But I want to request to the five of you and the Manager
to please give new members and old members a training to understand what rule of
rules means, to understand that the chair cannot just tell you, I'm going to turn your
mic because I don't want you to speak. And I think it's important to people who are
either being a member or will become a member or is just a new member or all
members to understand there is rules for everything. And you cannot just be at your
will. So, thank you for that. I really appreciate it. And to all of you, we are not easy.
City of Miami residents, we wish to do what we want and sometimes we don't
understand the rules. To the two new commissioners, people are going to attack you
all the time. Just breathe. For somebody who doesn't have patience whatsoever,
which is me, number one, zero patience, I understand that. And eventually with the
gray hair, you learn that sometimes you just have to breathe a little bit before we
answer. And it's very important, new commissioners, please keep your eve to have
appointment to meet your residents. It's a lot of trouble around your district, and we
still need to meet with you. Thank you.
Chair King: Thankyou. Good afternoon.
Leroy Jones: Hello. How you doing, Madam Chair? So, 1 came in a little late. I
thought I may have heard the family that was going to invest the $10 million has
pulled it out. So, does that mean -- that means the item or the deal is over, right?
That's what that means?
Chair King: That's unclear. That was stated, but we still have to vote on the item,
RE.8.
Mr. Jones: Okay. So, it was one deal, then it went to another deal, my understanding.
It was something first, and then Commissioner Diaz de la Portilla voted to change it
to something different. I'm correct about that? That's what I'm reading or seeing?
Chair King: Not exactly but go ahead.
Mr. Jones: Okay. So, you know I'm all about the people, right? That's what I'm
about, right? I'm about the people. And Diaz de la Portilla is no longer here, and we
understand why. So, maybe this deal needs to be revisited again for what it was --
originally was stated to be the first time. So, that's what my recommendation was that
you all would look back at what the deal originally was to see how that can be
salvaged. Thankyou.
Chair King: Thank you. Thank you for coming.
Mariana Jones: Good afternoon --
Chair King: Good afternoon.
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Meeting Minutes March 14, 2024
Ms. Jones: -- Ms. King and Commissioners. I'm going to take just a couple of seconds
to look at everybody's eyes. And I want to thank you so much for hearing this. 1'rn
standing here in the name of my twins, Oliver and Chloe Jones. My name is Mariana
Jones. I'm a -- I live in Belle Meade. I saw you a couple of times and thank you for
joining us. So, I'm here in the name of my kids and the families of the iPrep school, a
public school. So, it's just a very short message that I want to say. I want you, all of
you, please to vote yes for RE.8. And I urge you to please take the best decision
according to the public interest. Thank you very much and have a wonderful day.
Chair King: Good afternoon.
Patrice Gay: Good afternoon. My name is Patrice Gay. I'm a mother of two Miami -
Dade County Public School children. One of them goes to iPrep. And I'm here today
because many of us, as you've heard, have been speaking about RE.8, and I think that
there's a lot of misinformation that's been given. And I want to be clear. This is not,
as someone else said, iPrep versus Centner Academy. This is not private school
versus public school. The issue in front of us today is a choice, a choice to provide
more seats in public schools for those children that need it, to provide updated and
renovated schools. Phillis Wheatley, for example, is part of the plan; to provide
affordable housing for those that need it most in our community, our teachers and
staff I also keep hearing that the current deal doesn't use taxpayer dollars, as if we,
the community, are expected to ignore -- as if you are expected to ignore that
Biscayne Park property is well worth over $100 million in taxpayer money. Today, we
have -- you have the opportunity to put that money to work fbr the benefit of the entire
community. I keep hearing the word legacy. I hear that the current plan is about
leaving a legacy. And I agree that it is about legacy, your legacy. You have the
opportunity, to clear the slate and pave the path for your legacy. So, I humbly ask you,
the Commission, to please use this opportunity to leave a long-lasting legacy of
putting the community .first One of my favorite authors, Maya Angelou, says, when
you know better, you do better. So, let's do better.
Chair King: Thank you. Good afternoon.
Ulysee Kemp: Good afternoon, Commissioners, Chairwoman and happy birthday.
And I appreciate everything that you guys are doing and the time that you spend here.
But right now I'm here not to -- and let me change the pace. It's not about the schools
right now today. I'm not trying to jump on who's donating whatever, but the upzoning
that's going on in the Buena Vista Heights neighborhood, PZ.7, particularly, PZ.17,
and 1 have a few other ones that are not before you right now that are planning to
bring bed and Airbnbs to the community and change the entire neighborhood
dynamics. And it's like the developers, when they --
Chair King: Which item -- which item are you speaking on?
Mr. Kemp: 7 and 17.
Chair King.: 7?
Mr. Kemp: PZ.7.
Chair King: PZ.7 and 8 have been deferred indefinitely.
Commissioner Gabela: 17 or 7?
Mr. Kemp: And 17 also?
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Meeting Minutes March 14, 2024
Chair King: No, no, no. 17 is still -- PZ.7 and 8 have been indefinitely deferred.
Mr. Kemp: Okay. I'm 7 and 17.
Chair King: 17.
Mr. Kemp: Yes.
Chair King: Okay, okay.
Mr. Kemp: And the developers are sending their cash cows out and bringing their
representatives here before the commissioners to just upzone whatever they want. And
the thing about it is that they realize as investors what they're buying. They realize
what they can and cannot do with the properties that they're purchasing, but yet they
want to come before the commissioners and destroy our neighborhoods and upzone
residential properties to make them commercial. This is a big problem because they
should be building something within the rights that they have purchased, not trying to
change the rules so that they can build whatever they want. Everybody -- I've heard
before Commissioners say and some other people that Miami 21, you know, this is a
change in dynamics. The community that we're living in now, everything's changing.
Miami's progressing. I understand that, and I agree with that. However, since Miami
21 is so antiquated and does not apply to everything that we .feel it should, as
Commissioners and everyone else, I think that should be revisited. You need to update
Miami 21 so that you can have something that you can actually stand behind as a law
and not change the rules consistently just to meet developers. That's very important to
the community. Thank you.
Chair King: Thank you. I'm going to close public comment.
Fernand Amandi: Good afternoon, members of the Commission. Happy birthday,
Chairwoman King.
Chair King: Thank you.
Mr. Amandi: It's great to see you. Fernand Amandi, resident from the South Grove.
As I've mentioned many times, there's no more sacred covenant in a functioning
municipality than maintaining the public's trust with its city officials and
representatives. Unfortunately, one of the reasons our city's trust between residents
and officials has reached an all-time low is precisely because of issues such as
today's discussion item 5, involving the obvious conflict of interest between the City
Manager overseeing the expenditure of over half a million dollars of our public city
dollars allocated to a company owned by his wife's family and where his wife works
today. As we await the now long overdue explanation from the City Manager for why
he allowed this obvious conflict to happen on his watch, I humbly ask those of you on
the Commission here today to please pay special attention and ask the Manager
probing questions, not just about the legality or illegality of the obvious conflict of
interest, but more importantly, Commissioners, about the financial stewardship of our
public dollars and furtherance of that conflict between the Manager and his wife's
family's furniture company. Independent, credible reporting by award -winning
journalists in our community have established, beyond any doubt, that obscene and
indefensible prices were paid, actually overpaid, for that furniture. Thousands of
dollars for chairs that, in the competitive process, would have cost a fraction of what
we the taxpayers were forced to pay. Tens of thousands of dollars for conference
tables that cost only hundreds of dollars on the open market. Mark up prices on
furniture and office furnishings that ultimately ended up directly in the pockets of the
family -owned business where the City Manager's wife works and receives
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Meeting Minutes March 14, 2024
compensation. Just imagine, Commissioners, what desperately needed services that
cannot be provided today -- road repairs, street sweeping, beautification efforts --
Chair King: Thank you.
Mr. Amandi: -- pothole taxes would be available had that not been done.
Chair King: Thank you.
Mr. Amandi: Please hold him accountable to that this afternoon. Thank you all.
Silvio Pupo-Casco: Good morning.
Chair King: Good morning -- good afternoon.
Mr. Pupo-Casco: Happy birthday.
Chair King: Thank you.
Mr. Pupo-Casco: Good afternoon --
Chair King: Thank you.
Mr. Pupo-Casco: -- Chairwoman King. Commissioners, good to see you. It's been a
long morning for you, so I'll keep this short. First and foremost, I want to thank your
legislative aide and the Chief of Staff of Commissioner Gabela for their support in
helping us trj' to move the needle and get things done within the City, which I know
can feel overwhelming to City staff, but your encouragement has really meant the
world to get these things done. In terms of the agenda for today, RE.10, yes, let's keep
the parks as parks. RE11, "Leave No Trace" behind. I'm in favor of adopting this.
For parks, let's think about other ways to create pilot projects with parks. FR.4,
vacant lots as a nuisance. This is actually quite an interesting point because a
property that could have been a historic property in my neighborhood was
demolished and flattened out and now it's a nuisance. It's been like that fir years with
no plan to build. So, maybe we should think about if somebody is going to demolish --
a plan or an intent to build as a requirement. And for DI4, voting in favor of electric
leaf blowers to help meet the goals of the City in lowering its emissions. And we can't
-- we're preempted from State from banning it. But if we adopt it as a city to adopt
best practices, perhaps that could help us move the needle, at least on our reduction
of greenhouse gases. Thank you so much for your time, and have a great day.
Chair King: Thank you.
Billy Corben: Good afternoon and happy birthday, Madam Chair.
Chair King: Thank you.
Mr. Corben: Billy Corben to speak on DI.5. In his 20 years running the Miami
Parking Authority and four years as City Manager, the highest paid position in the
City, Art Noriega, who does not live in the City, appears to have exploited his public
position for private profit, directing at least $2 million in taxpayer money, to his wife s
overpriced furniture company. I say at least because the MPA tells me they are
missing 16 years of public records involving their purchases from Pradere Furniture.
What we did find, though, were no -bid deals and contravention of City Code. I found
one invoice, just one, totaling $625,000. A single 17-foot conference table in the City
Hall here cost $18,000. You can find comparable tables online for between $1,600
and $3,000. After a recent public records request, I discovered some suspicious
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City Commission
Meeting Minutes March 14, 2024
expenditures totaling about $80, 000 from late last year to demolish, construct, and
refurnish entire floors of the Miami River Center. What makes me wonder is why are
taxpayers paying to remodel offices inside a building that is slated for demolition.
This is an ongoing, shameless, and overt violation of the public trust. Noriega told
WLRN that he made "a decision of choice" to not seek an ethics opinion, and we
know why. Jose Arrojo, the executive director of the Miami -Dade Ethics Commission,
said unequivocally, it is unethical under county rules. So, if Noriega back then had
asked for an opinion, he would not have been permitted to do it. He would not have
been allowed to misappropriate millions of dollars in taxpayer money directly into his
family's account. We have people in Little Havana who are asking to clean trash off
the street, who are told, we can't afford $20,000 for a street sweeping truck, but that's
just one conference table. Art Noriega will not spend money on basic constituent
services that benefit all taxpayers so he can divert those funds for the sole benefit of
himself and his family. Thank you.
Chair King: Thank you. Seeing no one else for public comment, our public comment
period is now closed. Thank you all for your advocacy. Thank you all for coming. A
special thanks for the kids that showed up. They are our future leaders and I really
applaud them for coming.
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
AM.1 City Commission - City Commission Meeting - Jan 11, 2024 9:00 AM
MOTION TO: Approve
RESULT: APPROVED
MOVER: Damian Pardo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Gabela, Pardo
ABSENT: Reyes, Carollo
Chair King: Good afternoon. Welcome back to the City of Miami Commission
meeting for March 14th, 2024. I don't see our City Manager present. Alright, here
they come, just making sure we have everyone. May I have a motion for the City of
Miami Commission meetings for January I1 th, 2024?
(COMMENTS MADE OFF THE RECORD)
Chair King: I have a motion and a second to approve the minutes for January 11,
2024. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
MV - MAYORAL VETO(ES)
There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor.
END OF MAYORAL VETO(ES)
City of Miami Page 51 Printed on 04/23/2024
City Commission
Meeting Minutes March 14, 2024
CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
CA.1 RESOLUTION
15463
Department of
General Services
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING
THE BID RECEIVED ON AUGUST 22, 2023, PURSUANT TO
INVITATION FOR BID ("IFB") NO. 1433386 FOR AIR CONDITION
REPAIR SERVICES, CITYWIDE, ON AN AS NEEDED BASIS,
FROM THE APPARENT LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER, MASTER MECHANICAL SERVICES,
INC., A FLORIDA PROFIT CORPORATION ("MASTER
MECHANICAL"), FOR AN INITIAL TERM OF THREE (3) YEARS,
WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE
(1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS
END USER ACCOUNTS, AND SUCH OTHER VARIOUS SOURCES
OF FUNDS FROM THE END USER DEPARTMENTS AND
AGENCIES, 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 OF MIAMI
("CITY") 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-24-0084
This matter was ADOPTED on the Consent Agenda.
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City Commission
Meeting Minutes March 14, 2024
CA.2
15462
Department of
Police
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING
THE BID RECEIVED ON JULY 24, 2023, PURSUANT TO
INVITATION FOR BIDS ("IFB") NO. 1687386 FOR ELECTRICAL
REPAIR SERVICES AT POLICE FACILITIES, INCLUDING
EMERGENCY ON CALL SERVICES, ON AN AS NEEDED BASIS,
FROM THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER,
ZEUS POWER ELECTRIC, INC., A FLORIDA PROFIT
CORPORATION ("ZEUS POWER"), FOR AN INITIAL TERM OF
THREE (3) YEARS, WITH THE OPTION TO RENEW FOR THREE
(3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS
FROM THE CITY OF MIAMI POLICE DEPARTMENT GENERAL
FUND ACCOUNT NOS. 00001.191501.546000 FOR THE CENTRAL
STATION AND SUCH OTHER DEPENDENCIES AND
00001.191508.546000 FOR THE POLICE COLLEGE, 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-24-0085
This matter was ADOPTED on the Consent Agenda.
City of Miami Page 53 Printed on 04/23/2024
City Commission
Meeting Minutes March 14, 2024
CA.3
15464
Department of
Police
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING
THE BID RECEIVED ON JUNE 9, 2023, PURSUANT TO
INVITATION FOR BIDS ("IFB") NO. 1612386 FOR FARRIER
SERVICES FOR CITY OF MIAMI ("CITY") POLICE HORSES WITH
FARRIER AND HORSE TRAINER INC., A FLORIDA PROFIT
CORPORATION ("FARRIER AND HORSE TRAINER"), THE SOLE
RESPONSIVE AND RESPONSIBLE BIDDER, ON AN AS NEEDED
BASIS, FOR AN INITIAL TERM OF THREE (3) YEARS, WITH THE
OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR
PERIOD; ALLOCATING FUNDS FROM THE CITY POLICE
DEPARTMENT ("POLICE") GENERAL ACCOUNT, 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-24-0086
This matter was ADOPTED on the Consent Agenda.
City of Miami Page 54 Printed on 04/23/2024
City Commission
Meeting Minutes March 14, 2024
CA.4 RESOLUTION
15525
Department of
Human Resources
& Department of
Police
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO
SECTION 18-112 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), FOR THE PROVISION
OF OCCUPATIONAL HEALTH SERVICES, FOR THE CITY OF
MIAMI ("CITY") POLICE DEPARTMENT ("POLICE") AND HUMAN
RESOURCES DEPARTMENT ("HUMAN RESOURCES"), WITH
THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY,
FLORIDA, AN INSTRUMENTALITY AGENCY OF MIAMI-DADE
COUNTY ("HEALTH TRUST"), FOR AN INITIAL PERIOD OF
THREE (3) YEARS, WITH THE OPTION TO RENEW FOR AN
ADDITIONAL TWO (2) YEAR PERIOD; ALLOCATING FUNDS
FROM POLICE GENERAL FUND ACCOUNT NO.
00001.190101.531000 AND HUMAN RESOURCES GENERAL
FUND ACCOUNT NO. 00001.171000.531020, AND SUCH OTHER
SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF
FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED;
FURTHER 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-24-0087
This matter was ADOPTED on the Consent Agenda.
City of Miami Page 55 Printed on 04/23/2024
City Commission
Meeting Minutes March 14, 2024
CA.5 RESOLUTION
15364
Office of Grants
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
("FIND") WATERWAYS ASSISTANCE PROGRAM, FOR AN
AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTY NINE
THOUSAND THREE HUNDRED SEVENTY AND 00/100 DOLLARS
($379,370.00) ("GRANT FUNDS") FOR THE CONSTRUCTION OF
TWO (2) THREE -BOAT RACK STRUCTURES AT MIAMI MARINE
STADIUM MARINA ("PROJECT"); FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT
APPLICATION; FURTHER, IN THE EVENT OF AN AWARD,
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
FUNDS FOR FISCAL YEAR 2024-2025 WITHOUT THE NEED FOR
FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE
THE REQUIRED MATCHING FUNDS IN AN AMOUNT NOT TO
EXCEED THREE HUNDRED SEVENTY NINE THOUSAND THREE
HUNDRED SEVENTY AND 00/100 DOLLARS ($379,370.00) TO BE
BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE
RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT
NUMBER 40-B70042 OR OTHER LEGALLY AVAILABLE FUNDING
SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED
AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS,
AND EXTENSIONS THERETO.
ENACTMENT NUMBER: R-24-0088
This matter was ADOPTED on the Consent Agenda.
City of Miami Page 56 Printed on 04/23/2024
City Commission
Meeting Minutes March 14, 2024
CA.6 RESOLUTION
15358
Office of Grants
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN
AMOUNT NOT TO EXCEED THIRTY-SEVEN THOUSAND FIVE
HUNDRED DOLLARS AND ZERO CENTS ($37,500.00) ("GRANT
FUNDS") FOR THE REMOVAL OF DERELICT VESSELS FROM
THE CITY OF MIAMI'S ("CITY'S") JURISDICTIONAL WATERWAYS
("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE SUBMISSION OF THE GRANT
APPLICATION; FURTHER, IN THE EVENT OF THE AWARD,
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
FUNDS FOR FISCAL YEAR 2024-2025 WITHOUT THE NEED FOR
FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE
THE REQUIRED MATCHING FUNDS AND OTHER PROJECT
FUNDS IN AN AMOUNT NOT TO EXCEED THIRTY SEVEN
THOUSAND FIVE HUNDRED DOLLARS ($37,500.00) TO BE
BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE
RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT
NUMBER 40 — B25TBD OR OTHER LEGALLY AVAILABLE
FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR
DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS,
RENEWALS, AND EXTENSIONS THERETO.
ENACTMENT NUMBER: R-24-0089
This matter was ADOPTED WITH MODIFICATION(S) on the Consent
Agenda.
City of Miami Page 57 Printed on 04/23/2024
City Commission
Meeting Minutes March 14, 2024
CA.7 RESOLUTION
15360
Office of Grants
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
("FIND") WATERWAYS ASSISTANCE PROGRAM, FOR AN
AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND
DOLLARS ($100,000.00) ("GRANT FUNDS") FOR THE
INSTALLATION OF A NEW FUEL TANK AT MIAMI MARINE
STADIUM MARINA ("PROJECT"); FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT
APPLICATION; FURTHER, IN THE EVENT OF AN AWARD,
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
FUNDS FOR FISCAL YEAR 2024-2025 WITHOUT THE NEED FOR
FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE
THE REQUIRED MATCHING FUNDS IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00)
TO BE BUDGETED AND APPROPRIATED BY SEPARATE,
FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL
PROJECT NUMBER 40-B70042 OR OTHER LEGALLY AVAILABLE
FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR
DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS,
RENEWALS, AND EXTENSIONS THERETO.
ENACTMENT NUMBER: R-24-0090
This matter was ADOPTED on the Consent Agenda.
City of Miami Page 58 Printed on 04/23/2024
City Commission
Meeting Minutes March 14, 2024
CA.8 RESOLUTION
15359
Office of Grants
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN
AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS AND
ZERO CENTS ($60,000.00) ("GRANT FUNDS") FOR THE
PURCHASE OF A NEW SHUTTLE BOAT FOR WATSON ISLAND
MOORING FIELD ("PROJECT"); FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT
APPLICATION; FURTHER, IN THE EVENT OF THE AWARD,
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
FUNDS FOR FISCAL YEAR 2024-2025 WITHOUT THE NEED FOR
FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE
THE REQUIRED MATCHING FUNDS AND OTHER PROJECT
FUNDS IN AN AMOUNT NOT TO EXCEED SIXTY THOUSAND
DOLLARS AND ZERO CENTS ($60,000.00) TO BE BUDGETED
AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT
THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40—
B223408 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES
AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS,
AMENDMENTS, MODIFICATIONS, RENEWALS, AND
EXTENSIONS THERETO.
ENACTMENT NUMBER: R-24-0091
This matter was ADOPTED on the Consent Agenda.
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Meeting Minutes March 14, 2024
CA.9 RESOLUTION
15365
Office of Grants
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
("FIND") WATERWAYS ASSISTANCE PROGRAM, FOR AN
AMOUNT NOT TO EXCEED SEVENTY FIVE THOUSAND
DOLLARS AND ZERO CENTS ($75,000.00) ("GRANT FUNDS")
FOR THE DESIGN AND PERMITTING OF THE REPLACEMENT
OF FLOATING DOCKS AND PILINGS AT MIAMI MARINE
STADIUM MARINA— PHASE 1 ("PROJECT"); FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE
EVENT OF AN AWARD, AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2024-2025
WITHOUT THE NEED FOR FURTHER CITY COMMISSION
APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING
FUNDS IN AN AMOUNT NOT TO EXCEED SEVENTY FIVE
THOUSAND DOLLARS AND ZERO CENTS ($75,000.00) TO BE
BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE
RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT
NUMBER 40-B70042 OR OTHER LEGALLY AVAILABLE FUNDING
SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED
AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS,
AND EXTENSIONS THERETO.
ENACTMENT NUMBER: R-24-0092
This matter was ADOPTED on the Consent Agenda.
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Meeting Minutes March 14, 2024
CA.10 RESOLUTION
15357
Office of Grants
Administration
CA.11
15548
Office of the City
Attorney
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN
AMOUNT NOT TO EXCEED TWENTY THOUSAND FIVE
HUNDRED DOLLARS AND ZERO CENTS ($20,500.00) ("GRANT
FUNDS") FOR THE REPLACEMENT OF TWO (2) MARINE
PATROL BOAT ENGINES FOR THE CITY OF MIAMI POLICE
DEPARTMENT MARINE PATROL ("PROJECT"); FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE
EVENT OF THE AWARD, AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2024-2025
WITHOUT THE NEED FOR FURTHER CITY COMMISSION
APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING
FUNDS AND OTHER PROJECT FUNDS IN AN AMOUNT NOT TO
EXCEED TWENTY THOUSAND FIVE HUNDRED DOLLARS AND
ZERO CENTS ($20,500.00) TO BE BUDGETED AND
APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE
TIME OF NEED FROM CAPITAL PROJECT NUMBER 40-B25TBD
OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO
NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, GRANT OR DEED AGREEMENTS,
AMENDMENTS, MODIFICATIONS, RENEWALS, AND
EXTENSIONS THERETO.
ENACTMENT NUMBER: R-24-0093
This matter was ADOPTED on the Consent Agenda.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ANDREW
SMOAK, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM
OF $75,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR
ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS
OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY,
"CITY") IN THE CASE STYLED ANDREW SMOAK VS. CITY OF
MIAMI AND STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, PENDING IN THE CIRCUIT COURT FOR THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO.: 2021-10714 CA 01, UPON THE
EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND
DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE
COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE;
ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545011.0000.00000.
ENACTMENT NUMBER: R-24-0094
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This matter was ADOPTED on the Consent Agenda.
CA.12 RESOLUTION
15362
Office of Grants
Administration
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT
FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT
("FIND") WATERWAYS ASSISTANCE PROGRAM, FOR AN
AMOUNT NOT TO EXCEED ONE MILLION, SIX HUNDRED
EIGHTY ONE THOUSAND, NINE HUNDRED EIGHTY DOLLARS
($1,681,980) ("GRANT FUNDS") FOR THE CONSTRUCTION OF
THE LIVING SHORELINE AND TRAILS AT MORNINGSIDE PARK —
PART 2 OF PHASE 2 ("PROJECT"); FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND
ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE
TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE
GRANT APPLICATION; FURTHER, IN THE EVENT OF AN
AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT FUNDS FOR FISCAL YEAR 2024-2025 WITHOUT THE
NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO
ALLOCATE THE REQUIRED MATCHING FUNDS IN AN AMOUNT
NOT TO EXCEED ONE MILLION EIGHT HUNDRED NINETY ONE
THOUSAND NINE HUNDRED EIGHTY AND DOLLARS
($1,891,980) TO BE BUDGETED AND APPROPRIATED BY
SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED
FROM CAPITAL PROJECT NUMBER 40-B40532 OR OTHER
LEGALLY AVAILABLE FUNDING SOURCES AND TO NEGOTIATE
AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS,
MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO.
ENACTMENT NUMBER: R-24-0095
This matter was ADOPTED on the Consent Agenda.
Note for the Record: For additional minutes referencing Item CA.12, please see
"Public Comments for Allltem(s) on the Agenda."
CA.13 RESOLUTION
15505
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING FOUR (4) RIGHT-OF-WAY DEEDS
OF DEDICATION ("DEEDS"), AS DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED, FOR RIGHT-OF-WAY
PURPOSES; APPROVING AND AUTHORIZING THE
RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE
CITY CLERK TO RETAIN A COPY OF THE DEEDS.
ENACTMENT NUMBER: R-24-0096
This matter was ADOPTED on the Consent Agenda.
END OF CONSENT AGENDA
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Chair King: With the consent agenda items, gentlemen, are there any items that you
would like to pull for discussion?
(COMMENTS MADE OFF THE RECORD)
Vice Chair Carollo: Can you give us just one quick minute?
Chair King: Absolutely. And while you're looking, our City Clerk needs to read into
the record a couple of sponsorships.
Todd B. Hannon (City Clerk): Thank you, Chair. Commissioner Pardo would like to
sponsor CA.5, CA. 6, CA.7, CA.8, CA.9, CA.10, and CA.12. Commissioner Reyes
would like to sponsor CA. 6 and cosponsor RE.11 and FR.2. Commissioner King
would like to cosponsor FR.2. Thank you, Chair.
Chair King: Thank you.
Vice Chair Carollo: We got a lot of CAs (Consent Agenda) today.
Chair King: 13 of them.
Vice Chair Carollo: Half for District 2. You've been a busy bee. Okay, I'm fine with
everything that we have here.
Chair King: I have a motion for the CAs. Do I have a second?
Commissioner Pardo: Second.
Chair King: I have a motion and a second for the CA items. All in favor?
Mr. Hannon: And Chair, just for the record, CA.6needs to be amended, my
apologies. The resolution and exhibit both need to be amended. The substitution
memo was distributed on 3/12/24.
Chair King: With CA.6 as amended.
Commissioner Reyes: As amended.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: The consent agenda has passed unanimously.
Commissioner Gabela: That was through 13, right?
Chair King.: That's through 13.
Commissioner Reyes: That's right.
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Meeting Minutes March 14, 2024
PH - PUBLIC HEARINGS
PH.1 RESOLUTION
15494
Department of
Housing and
Community
Development
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE TRANSFER OF
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG")
UNALLOCATED FUNDS FROM PREVIOUS FISCAL YEARS'
ECONOMIC DEVELOPMENT CATEGORY IN THE AMOUNT OF
$2,404,200.00 TO THE DEPARTMENT OF RESILIENCE AND
PUBLIC WORKS FOR STREET, DRAINAGE, AND OTHER
IMPROVEMENTS IN DISTRICT 1, AS DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, INCLUDING AMENDMENTS,
EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL
FEDERAL, STATE AND LOCAL LAWS THAT REGULATE THE USE
OF SUCH FUNDS, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-24-0097
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Vice Chair Carollo: Move PH.1.
Commissioner Gabela: PH.1.
Vice Chair Carollo: That's yours.
Chair King: I have a motion.
Commissioner Gabela: Yes.
Chair King: I have a second for PHI I. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
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PH.2 RESOLUTION
15613
Department of Real
Estate and Asset
Management
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE,
AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
RECOMMENDATION AND FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE
NEGOTIATION METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI
("CITY"); WAIVING THE REQUIREMENTS FOR SAID
PROCEDURES; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A REVOCABLE LICENSE
AGREEMENT ("LICENSE"), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN THE CITY AND BOTECH MARINE
CENTER, INC. ("LICENSEE") FOR THE LICENSEE'S USE OF
PORTION OF CITY -OWNED PROPERTY LOCATED AT 3501
RICKENBACKER CAUSEWAY, MIAMI, FLORIDA 33149 FOR THE
PURPOSE OF OPERATING A BOAT REPAIR AND MAINTENANCE
BUSINESS, INCLUDING SERVICING AND CARE OF BOATS, BOAT
ENGINES AND SYSTEMS FOR A MONTHLY USE FEE OF FOUR
THOUSAND TWO HUNDRED FIFTY-TWO DOLLARS AND FIFTY
CENTS ($4,252.50.) PLUS TAXES, WHICH COMPRISES A REPAIR
SHOP ("AREA 1") AND BOAT DOCK RACKS AREA ("AREA 2"),
COLLECTIVELY REFERRED TO AS THE PREMISES, WITH A
GUARANTEE DEPOSIT OF EIGHT THOUSAND FIVE HUNDRED
FIVE DOLLARS AND ZERO CENTS, FOR AN INITIAL TERM OF
ONE-YEAR, WITH A THREE PERCENT (3%) INCREASE IN BOTH
THE MONTHLY USE FEE AND GUARANTEE DEPOSIT, IF
APPLICABLE WITH TERMS AND CONDITIONS AS MORE
SPECIFICALLY SET FORTH IN SAID LICENSE; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY.
ENACTMENT NUMBER: R-24-0098
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: Do 1 have a motion for PH.2?
Commissioner Gabela: Motion.
Vice Chair Carollo: You make a motion?
Commissioner Gabela: Go ahead.
Chair King: I have a motion. I have a second.
Vice Chair Carollo: Second. Yes, you have a second.
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Meeting Minutes March 14, 2024
PH.3
14703
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
RESOLUTION
MAY BE WITHDRAWN
Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
Estate and Asset THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
Management AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY")AND
SHAY BARAK CORP. ("LICENSEE"), FOR THE USE OF CITY OF
MIAMI PROPERTY LOCATED AT 174 & 176 EAST FLAGLER
STREET, MIAMI, FLORIDA ("PROPERTY"), FOR A ONE-YEAR
TERM AND PROVIDING FORA MONTHLY USE FEE ("MONTHLY
USE FEE") OF ONE THOUSAND NINE HUNDRED NINE DOLLARS
AND NINETY-FIVE CENTS ($1,909.95), WITH TWO (2) ONE YEAR
OPTION TO RENEW WITH ADDITIONAL TERMS AND
CONDITIONS AS SPECIFIED ON THE TERM SHEET, ATTACHED
AND INCORPORATED AS EXHIBIT "A," PROVIDED LICENSEE IS
CURRENT ON ALL PAYMENTS TO THE CITY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS TO SAID AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR SAID PURPOSE.
MOTION TO: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PH.3, please see "Order of the
Day."
PH.4 RESOLUTION
15573
Department of
Resilience and
Public Works
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
AND DIRECTING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT AND COVENANT RUNNING
WITH THE LAND, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE CITADEL ARENA CORPORATION,
ALLOWING AN EXISTING BUILDING ARCADE TO REMAIN WITHIN
THE DEDICATED RIGHT OF WAY AREA OF NORTHWEST 5
STREET ADJACENT TO 49 NORTHWEST 5 STREET, MIAMI,
FLORIDA, SUBJECT TO THE CONDITIONS AS SET FORTH
HEREIN.
ENACTMENT NUMBER: R-24-0099
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: Do 1 have a motion for PH.4?
Commissioner Pardo: I'll make the motion.
Vice Chair Carollo: 3 was withdrawn, okay.
Chair King: Yes.
Commissioner Reyes: PH.3 was withdrawn.
Chair King: 3 was with -- indefinitely, deferred.
Vice Chair Carollo: You have 4, move.
Commissioner Reyes: Second.
Chair King: I have a motion for -- I have a motion and a second for PH 4. All in
favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
PH.5 RESOLUTION
15667
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDINGS, ATTACHED AND INCORPORATED AS ATTACHMENT
"A," THAT COMPETITIVE NEGOTIATION METHODS AND
PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS
FOR THE CITY OF MIAMI ("CITY"), WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE
ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 5
COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY
INITIATIVE ("API"), IN A TOTAL AMOUNT NOT TO EXCEED TWO
HUNDRED TWENTY THOUSAND SIX HUNDRED DOLLARS
($220,600.00) TO THE FOUNDATION OF COMMUNITY
ASSISTANCE AND LEADERSHIP, INC., A FLORIDA NOT FOR
PROFIT CORPORATION ("FOCAL"), IN SUPPORT OF THEIR
FOCAL MOORE PARK LEARNING CENTER; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-24-0100
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: PH.5.
Vice Chair Carollo: Move.
Chair King: Do 1 have --? I have a motion. Do I have a second?
Commissioner Pardo: Second.
Chair King: I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously. Our public hearing, PH items, have
passed unanimously.
Vice Chair Carollo: Okay.
END OF PUBLIC HEARINGS
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Meeting Minutes March 14, 2024
RE - RESOLUTIONS
RE.1 RESOLUTION
15496
Office of Capital
Improvements
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING AND ADOPTING THE
COMPREHENSIVE STORMWATER MASTER PLAN, DATED
MARCH 2021, PREPARED BY CDM SMITH, INC. FOR THE CITY
OF MIAMI'S OFFICE OF CAPITAL IMPROVEMENTS PROJECT
NUMBER 40-B30632A, ATTACHED AND INCORPORATED AS
EXHIBIT "A" ("CWSMP"), TO FACILITATE THE EVALUATION OF
AREAS SUBJECT TO EXTREME FLOODING CONCERNS THAT
IMPACT PUBLIC SAFETY, PROPERTY LOSS; DIRECTING THE
CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY
TO IMPLEMENT THE CSWMP; PROVIDING FOR AN EFFECTIVE
DATE.
ENACTMENT NUMBER: R-24-0102
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For additional minutes referencing Item RE.1, please see
"Public Comments for All Item(s) on the Agenda."
Chair King: May I have a mo --? We have two mitigations for RE.3 and RE.4, so
may I have a motion to pass RE.1 and RE.2?
Commissioner Reyes: Move it.
Chair King: 1 have a motion.
Vice Chair Carollo: Second.
Chair King: I have a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
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Meeting Minutes March 14, 2024
RE.2 RESOLUTION
15542
Office of
Management and
Budget
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING, AUTHORIZING, AND DIRECTING
THE CITY MANAGER TO UNDERTAKE THIS AMENDMENT IN
ORDER TO ADD TO AND TO REVISE CAPITAL PROJECTS IN
THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2023-2024 MULTI-
YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 9, 2023
PURSUANT TO RESOLUTION NO. R-23-0376 ("ADOPTED
CAPITAL PLAN"), AS SUBSEQUENTLY AMENDED, AND TO
APPROPRIATE FUNDING FOR ADDED PROJECTS IN
ACCORDANCE WITH EXHIBIT "A," ATTACHED AND
INCORPORATED; RATIFYING, APPROVING, AND CONFIRMING
CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND
DESIGNATED CITY OFFICIALS AND DEPARTMENTS IN ORDER
TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND
COMPUTER SYSTEMS IN CONNECTION THEREWITH FOR
ONGOING CAPITAL PROJECTS, PROJECT CLOSE-OUTS, AND
FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS
IN CONNECTION HEREWITH; PROVIDING AN EFFECTIVE DATE.
ENACTMENT NUMBER: R-24-0103
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item RE.2, please see Item RE.1.
RE.3 RESOLUTION
15545
Department of
Code Compliance
A RESOLUTION OF THE MIAMI CITY COMMISSION
MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT
LIENS RECORDED AGAINST PROPERTY ADDRESS 1252 CORAL
WAY, ALSO KNOWN AS 1252 SOUTHWEST 22 STREET, MIAMI,
FLORIDA, CASE NUMBERS CE20210017718 AND CE2021009859,
AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL
SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN.
ENACTMENT NUMBER: R-24-0104
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MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: We have RE.3 is a mitigation, 1252 Coral Way. The parties step
forward. Mr. Director.
Robert Santos-Alborna (Director, Code Compliance): Good afternoon,
Commissioners. RE.3 is for the mitigation of a property located at 1252 Southwest
22nd Street. In this case, we have two overlapping violations, CE2021017718 for no
certificate of use and CE2021009859 for BTR (Business Tax Receipt). Usually those
violations are in one, so two sides of the same coin. For whatever reason, we had
this one running separately. So, we go ahead and consolidated the violations into
one, with NOVs (Notices of Violation) running into issued on September lst, 2021.
Adjudication taking place on October 13th, 2021. The property ran fines of $38,500.
And speaking with respondent, they have upped their offer to 15 percent to $5, 775.
Vice Chair Carollo: Okay. What kind of property is this again? I'm sorry. I didn't
have the time to go by it before.
Nicholas Rodriguez: No problem. I'm Nicholas Rodriguez on behalf of the applicant.
It's a commercial property. It's a restaurant and bar.
Vice Chair Carollo: It's a restaurant and bar. Is that New?
Mr. Rodriguez: Yeah, it's Neme.
Vice Chair Carollo: Okay. I'm familiarized with it. I think 15 percent for what's
been described to me, and it hasn't been that long of a time period, is more than
sufficient. So, if you would like to express anything else on the record?
Rachel Dooley (Assistant City Attorney, Supervisor): Yeah. Just similarly, I recall
this from being the CEB (Code Enforcement Board) attorney for the city --
Vice Chair Carollo: Yes.
Ms. Dooley: -- this going through, and how they filed them separately. The request
is, and without objection, which is case number CE2021017718 would be abated to
zero, and then the amount as agreed to or as they spoke to would be on 2021009859.
So, I just want to be clear, there still are two cases, but again, in a similar fashion to
the last one here, there was a little crossover and overlap with a very involved
owner, by the way, for the entire time.
Vice Chair Carollo: Yeah. I think they try to he responsible.
Ms. Dooley: Yeah.
Vice Chair Carollo: I so move the 15 percent that they offer.
Chair King: So, I have a motion. I have a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
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Todd B. Hannon (City Clerk): As amended.
Chair King: As amended, motion carries unanimously.
RE.4 RESOLUTION
15600
Department of
Code Compliance
A RESOLUTION OF THE MIAMI CITY COMMISSION
MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT
LIENS RECORDED AGAINST PROPERTY ADDRESS 2071
NORTHWEST 6 PLACE, MIAMI, FLORIDA, CASE NUMBER
CE2016001863, AFTER A HEARING, AS REQUIRED BY SECTION
2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL
AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIEN;
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
PURPOSES STATED HEREIN.
ENACTMENT NUMBER: R-24-0105
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: We have another mitigation, RE.4 --
Nicholas Rodriguez: Thank you very much.
Chair King: -- 2071 Northwest 6th Place.
Robert Santos-Alborna (Director, Code Compliance): Good afternoon,
Commissioners. As the Chairwoman said, this mitigation before you is Jro2071
Northwest 6th Place. It is a 2016 case for failure to maintain lot. Notice of violation
issued on February 4th, 2016, adjudicated on May 4th, 2017. The violation ran for
591 days, accruing a total of 147,750. And the Respondent, as I understand, is
offering 15 percent, which is 22,162 with 50 cents.
Commissioner Gabela: Motion.
Vice Chair Carollo: Second.
Chair King: Four. We're accepting -- I'm sorry, I missed --
Vice Chair Carollo: 15 percent.
Mr. Santos-Alborna: 15 percent.
Commissioner Gabela: 22,000.
Chair King: Okay, so I have a motion and a second. All in favor?
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The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
Todd B. Hannon (City Clerk): As amended.
Chair King: As amended.
Unidentified Speaker: Thank you very much. Good afternoon.
Vice Chair Carollo: RE.5.
Chair King: It's been deferred till April 11 th.
Mr. Santos-Alborna: Yes.
Vice Chair Carollo: Okay.
RE.5 RESOLUTION
15611
Department of
Code Compliance
A RESOLUTION OF THE MIAMI CITY COMMISSION
MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT
LIENS RECORDED AGAINST PROPERTY ADDRESS 127
NORTHWEST 11 AVENUE, MIAMI, FLORIDA, CASE NUMBER
CE2013011194, AFTER A HEARING, AS REQUIRED BY SECTION
2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL
AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIEN;
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
PURPOSES STATED HEREIN.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item RE.5 was continued to the April 11, 2024, City
Commission Meeting.
Note for the Record: For minutes referencing Item RE.5, please see "Order of the
Day."
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RE.6 RESOLUTION
15626
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER, PURSUANT TO SECTION
18-72(B)(14) OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TO ENGAGE AN INDEPENDENT EXPERT IN
LEGAL AUDITING AND REVIEW TO REVIEW PENDING
LITIGATION CASES INVOLVING THE CITY AND PROVIDE
RECOMMENDATIONS FOR OPTIMIZING THE MANAGEMENT OF
PENDING LITIGATION CASES AND PROVIDE A REPORT TO THE
CITY COMMISSION; THE CITY MANAGER IS DIRECTED TO
OVERSEE THE PROCESS OF HIRING THE EXPERT AND TO
ENSURE THAT THE SELECTION IS MADE BASED ON THE
EXPERT'S QUALIFICATIONS, EXPERIENCE, AND REPUTATION
IN THE FIELD OF LEGAL AUDITING AND REVIEW AND IS
FURTHER AUTHORIZED TO ALLOCATE THE NECESSARY
FUNDS TO COVER THE EXPENSES ASSOCIATED WITH HIRING
THE EXPERT AND CONDUCTING THE REVIEW AND AUDIT OF
PENDING LITIGATION CASES. THE EXPERT SELECTED BY THE
CITY MANAGER SHALL BE HIRED UPON APPROVAL BY THE
CITY COMMISSION.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item RE.6 was continued to the April 11, 2024, City
Commission Meeting.
Chair King: So, RE.6.
Commissioner Gabela: Motion to defer.
Chair King: We have a motion to defer RE.6.
Vice Chair Carollo: Second.
Chair King: I have a second. All in favor?
The Commission (Collectively): Aye.
Todd B. Hannon (City Clerk): Chair, to what date?
Chair King: To what date?
Commissioner Gabela: Next Commission meeting.
Chair King: April 11 th.
Todd B. Hannon (City Clerk): Understood.
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RE.7 RESOLUTION
15625
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION PROHIBITING
ANY FUTURE PAYMENT OF ANY ATTORNEY FEES OR
COMPENSATION TO THE LAW FIRM OF KUEHNE DAVIS LAW,
PA AND BENEDICT P. KUEHNE FOR LEGAL SERVICES
RENDERED IN ANY MATTERS INVOLVING THE CITY OR CITY
OFFICIALS.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Gabela, Pardo, Reyes
ABSENT: Carollo
Note for the Record: Item RE.7 was continued to the April 11, 2024, City
Commission Meeting.
Note for the Record: For directive referencing Item RE.7, please see Item NA.4.
Note for the Record: For minutes referencing Item RE.7, please see "Order of the
Day."
Commissioner Gabela: RE.7.
Chair King: RE.7. I need some information on this item.
Commissioner Gabela: Yeah, this is -- look, this is -- so this is pertaining to Mr. Ben
Keuhne, Ben Keuhne and Davis. City of Miami's paying Ben Keuhne and Keuhne
Davis Law Firm for representation of Diaz de la Portilla and Carollo while at the
same time suing City of Miami City Clerk and City Canvassing Board. I contend that
there's a conflict of interest and I am the maker of the motion.
Commissioner Pardo: I'll second it.
Chair King: So, I have a motion and a second --
Vice Chair Carollo: I'm sorry, I --
Chair King: -- for discussion.
Vice Chair Carollo: -- I heard a conflict of interest, and I lost you there.
Commissioner Gabela: Oh, sorry. Let me repeat that again. So, what I said was that
the law firm has a conflict of interest, in my opinion, because they're representing
Diaz de la Portilla. They're also representing you, but they're also suing -- nothing
to do with you in this case.
Vice Chair Carollo: Yeah, no 1 understand.
Commissioner Gabela: But suing the City of Miami, the City Clerk, and the City
Canvassing Board at the same time. And the gentleman is right there.
Commissioner Reyes: May I --
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Commissioner Gabela: Yes.
Commissioner Reyes: -- make a comment? I believe that it -- I don 't know if it --
maybe if somebody says that it's not a conflict of interest, but appearance is about
90 percent of reality, you see. And if there is -- if you are -- if you are defending -- I
mean, if you're working for -- in favor of the City of Miami, and at the same time,
there is a suit against the City of Miami, and you represent that, you cannot be -- like
we said in Spanish (FOREIGN LANGUAGE). You know, you cannot be with -- I
mean, either you are with the Lord or you are with the devil. But you cannot be in
both places. And that is, I agree with my colleague, that something's got to be done
there. Either we stop that or you leave one of them, okay?
Vice Chair Carollo: Then what ---
Chair King: I'd like to hear from the City Attorney. I'm sorry, Mr. Vice Chair.
Vice Chair Carollo: Commissioner Reyes, let me see if I understood you. Are you
saying that he should represent one or the other but not both?
Commissioner Gabela: Correct.
Commissioner Reyes: Correct.
Vice Chair Carollo: Okay. Are you saying the same thing?
Commissioner Gabela: That's what I'm saying.
Vice Chair Carollo: Okay.
Commissioner Gabela: We're not barring you or anything.
Vice Chair Carollo: No, no, no, I understand. I just want to make sure I understood
that. Before we proceed, can I ask the City Attorney --? Mr. Keuhne, as you all know,
has represented me extensively, I mean, way back since I was mayor. What he's
doing for me now is basically some cleanup items that needed to be done but are
important but is of a minor issue compared to what he's done in the past. I don't
know exactly what he's doing for others, but I do want an opinion from the City
Attorney before I proceed if I have any conflict of interest in voting on this.
Victoria Mendez (City Attorney): So, we'll put a pin in that Jroa second. I just
wanted to make sure that --
Vice Chair Carollo: The -- yeah -- the re -- well, the reason I'm asking -- because if
there's any doubt, then I will abstain before proceeding and not enter into
discussion.
Ms. Mendez: Okay, give me one moment. One moment.
Vice Chair Carollo: Or if we need to ask the Ethics Commission, the only thing that I
would ask, respectfully, of the maker of the motion, if then we bring it back the very
next meeting when there's a clear answer. But I think that we all are in agreement
that I should have an answer if the City Attorney can't give me one.
Ms. Mendez: So, okay, if -- remember that any opinion I give you with regard to
ethics is not one that could be -- that you could take to the bank, as so we say,
because the Ethics Commission is the one that determines these things. So, I would
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appreciate and thank you, Commissioner Carollo. We should have probably thought
to ask about this. If we can reset this item till April 11 th and get you a proper
response.
Commissioner Gabela: You know, that's fine.
Ms. Mendez: I just wanted to -- before that, though, I just wanted to make sure that --
Mr. Keuhne does not represent the City of Miami, so any -- there could be what -- an
appearance of impropriety or something like that as discussed, but that is not a true
ethical breach because he does not represent the City of Miami. 1 need that to be
very clear.
Commissioner Gabela: City -- City of Miami --
Ms. Mendez: And also, Mr. Keuhne is here, and before you take any type of action, I
would ask that he be heard as well. But in light of what Commissioner Carollo has
brought up, I think it would be most prudent to reset this for April 11 to discuss.
Commissioner Gabela: Can I intercede for a minute, please? Number one --
Chair King: Through the Chair.
Commissioner Gabela: Yeah, I'm citing Rule 4-1.7, Conflict of Interest per the
Florida Bar. And while that might he true, Victoria, what you're saying, the City of
Miami is paying Mr. Keuhne. Okay, and right now Mr. Keuhne has a lawsuit against
me, he has a lawsuit against the City of Miami, and at the same time, the City of
Miami is paying him. And that's what I'm saying. That, I think, is clearly a conflict
of interest, or like Commissioner Reyes says, the optics don't look good. So, I'll
leave it at that, but whatever you gentlemen choose to do, that's what I want
(UNINTELLIGIBLE). And I understand what you're saying also.
Vice Chair Carollo: Commissioner Gahela, I understand how you feel. 1 really do.
But all that I'm saying is that I don't think I should go forward any further. I'm not
getting involved in asking questions or anything. And all that I've asked for is if we
could defer this to the next meeting until we get an answer from the Ethics
Commission.
Commissioner Gabela: And also, by the way, by all means, Mr. Keuhne, you are --
you know, 1 want to hear what you have to say.
Chair King: Commissioner Reyes.
Commissioner Reyes: Yes, I want to make my position clear. I understand, sir, you
are in high demand because you are an excellent attorney. I do understand that, you
see. And -- but it's nothing personal, but the way that I see it, regardless of the
opinion of the -- of -- if it is a conflict of interest of Mr. Carollo, I believe that you
shouldn't be -- you shouldn't be representing -- defending, I mean, the City, and at
the same time, suing the City. You see, I understand you're an excellent attorney,
that's why everybody wants to hire you, but we have to draw the line and say either
you are with us or you are against us. I mean, that's my point. That's my point. It's
my humble opinion, you know. I'm a country boy from (UNINTELLIGIBLE), and
that's the way we were there. You are with me or you are against me, you see. And
that's what I -- the way I feeI
Chair King: So do I have a motion?
Commissioner Gabela: So --
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Chair King: Commissioner Pardo.
Commissioner Pardo: No, I just wanted to say I'm in favor of resetting it. I'm also in
favor of freezing wherever we are with attorney's fees today until we get a response
and we can take action.
Ms. Mendez: I'm sorry, what did you just say?
Commissioner Pardo: Saying that we would spend no further attorney's fees on
these cases until we receive an opinion and take action on the item.
Ms. Mendez: And then it's the same. That's like taking action on the item today.
Chair King: So --
Commissioner Pardo: Well, we can freeze it until we get a determination.
Chair King: So, let's -- Mr. Keuhne, would you like to say something?
Ben Keuhne: Thank you for the opportunity, Commissioners. All of you know me. I'm
Ben Keuhne.
Chair King: I actually don't. I've never met you.
Mr. Keuhne: I'm Ben Keuhne. I'm a resident of the City of Miami. My office is also
in the City of Miami, 100 Southeast 2nd Street, Suite 3105, for the last 30-something
years. I am a long-time member of the Florida Bar since 1977. I'm board certified in
three areas, and as Commissioner Reyes mentioned, I am known to be quite a
competent lawyer. I have represented for many years government officials with this
city. I've provided advice to candidates who became government officials, and I have
tried to do my best to serve my clients at all times. I'm a former president of the
Dade County Bar Association, a former member of the Florida Bar Board of
Governors, and I am known to be a specialist in ethics and professionalism matters,
having provided advice to governments and clients. I can assure you, despite the
personal concerns that have been expressed, there is no legal, actual, or appearance
of conflict. I do suggest, because there is serious concern on the part of at least the
sponsor and maybe other commissioners of what might be arguably an appearance
of conflict, that there is not. But the best way to do this, in my view, is to allow me, in
consultation with the City Attorney, to request an opinion from the Florida Bar as to
whether this presents any form of conflict whatsoever. 1 believe that would be of
value to the Commission in making a decision on this very important resolution, a
resolution that affects the ability for current members of the City Commission to
receive competent legal representation by council of choice, as well as fbr this
Commission to feel comfortable that there is in fact no conflict. And I do want to
underscore that the law and the appearance is quite clear. The payment --
Chair King: Thank you.
Mr. Keuhne: -- of legal fees --
Chair King: Thank you.
Mr. Keuhne: -- is not the same as representation.
Chair King: Thank you.
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Mr. Keuhne: 1 would ask to defer this item pending --
Chair King: Thank you.
Mr. Keuhne: -- the request for an opinion. Thank you, Madam Chair.
Chair King: Thank you. So, I need a motion and a second to defer the item. Do I
have a motion?
Commissioner Gabela: Motion.
Commissioner Reyes: Second.
Chair King: I have a second. So, I have a motion and a second to defer the item.
Commissioner Reyes: Then --
Commissioner Gabela: Manolo wants to talk.
Commissioner Reyes: No, no, I will vote yes.
Chair King: So, I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Todd B. Hannon (City Clerk): And that is to April l l th.
Chair King: The item has been deferred until April 11 th.
RE.8 RESOLUTION
15329
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE, TERMINATING FOR
CONVENIENCE AND WITHOUT CAUSE THE REVOCABLE
LICENSE AGREEMENT ("RLA") WITH PERPETUAL LOVE L
TRUST, LLC. ("LICENSEE"), DATED NOVEMBER 10, 2022, FOR
THE DEVELOPMENT OF A RECREATIONAL FACILITY TO BE
CONSTRUCTED ON CITY OWNED PROPERTY LOCATED AT
BISCAYNE PARK (150 NORTHEAST 19TH STREET) AND THE
RELATED CONCESSION LICENSE.
ENACTMENT NUMBER: R-24-0106
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For additional minutes referencing Item RE.8, please see
"Public Comment for All Item(s) on the Agenda."
Chair King: RE.8, I'm going to let my colleague take the lead on it who sponsor --
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Commissioner Gabela: I'm ready for a motion if you gentlemen are, but if anybody
wants to speak --
Chair King: I --
Commissioner Pardo: I would -- I would, definitely.
Chair King: I think some of our colleagues would want to --
Commissioner Reyes: Okay.
Chair King: -- say something. So --
Commissioner Reyes: I motion.
Chair King: So, I have a motion and a second for discussion.
Vice Chair Carollo: RE.8, for discussion was the --
Chair King: Biscayne Park.
Commissioner Reyes: Biscayne Park.
Vice Chair Carollo: -- Biscayne Park, that we that we spent all morning, right?
Chair King: Correct.
Commissioner Reyes: That's right.
Commissioner Pardo: Correct, and since I patiently listened, this is my opportunity
to address the item. Originally, I actually went hack to all the meetings and I saw,
you know, all the conversations. I've sat through meetings like this already where
everyone has presented. I've met with the Centners. I've met with everyone involved.
I'm the chair of the Omni CRA (Community Redevelopment Agency), so I was
intimately involved in all of this. And when this started, this started under
Commissioner Russell. At that time, it was contemplated that Miami -Dade Public
Schools, as well as the concepts of affordable and workforce housing, and keeping a
very good park for the community, would all be integrated. That somehow changed
after the Omni CRA was moved over to Commissioner Diaz de la Portilla. At that
time, hundreds of thousands of dollars exchanged between Commissioner Diaz de la
Portilla and the Centners, and a license, a four fifths vote revocable license, was
brought up before Commission, before this body. When it came before this body, it
was very clear, Commissioner Russell said, I want Miami -Dade County Public
Schools at the table. It was very clear. I believe Commissioner Reyes, you had also
made that point. And what actually happened was they were entirely cut out. They
never met before that meeting or after that meeting. Later on, of course, we know
that Commissioner Diaz de la Portilla was arrested, as well as the Centners' in-
house counsel on money laundering and bribery charges. So, what we have
ascertained from the beginning is that this transaction was born out of a really
corrupt situation that didn't go the right way to serve the public interest. There was
never a bid process. There was never an appraisal of the land. We have no way of
knowing not only what would be built, but how we would ever manage it. So it makes
perfect sense to revoke this license. And the idea that there's a $10 million gift or
donation is surreal and disingenuous because actually at those original meetings it
was always referred to as a $10 million investment. And with that investment comes
depreciation. And by the time we would end up receiving whatever was there back,
there would be very little to no value. So this is a case where the public interests
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were simply not being served. And it's time for us to return that to the public and
open it up.
Chair King: Commissioner Reyes?
Commissioner Reyes: No, I -- I totally agree that there is a -- we have an alternative,
which in my opinion would benefit the City and the residents of not only the city of
Miami and Dade County. They would create a benefit for the City and for the -- for
the residents. So, I -- I agree that this is a revocable license and I am all in favor of
calling the revocable license.
Commissioner Pardo: And Madam Chair, the only other addition I wanted to say to
that is that I think it's very important when there's such a big issue of public interest
and there's so much knowledge that we have kind of discovered and are working
with, to share that with the public so that the public can understand that there's a
major interest happening and we need you. I was so encouraged, enthused, and
motivated to see all of you young people and so many people come out and let your
voices be heard because that really does make a difference. But if they don't know it,
I mean, I was on your side of the fence for 35 years and so many times I would read
about it in the Herald and it was too late. That's kind of what happened last time. It
was too late. You know, Miami -Dade Public Schools were cut out. So the way you
avoid that and the way you lead is to let people know, hey, ring the bell. We need
you. If you care, show up. So I commend everyone for doing that. And I also want to
explain to the Centners why it's important to use social media or any media to let
them know these positions so that the public can really step up.
Chair King: Mr. Vice Chair.
Vice Chair Carollo: Thank you. One of the big difference for me on how I will be
voting in this now, is when I heard Mr. Centner say, that he was pulling the 10
million out. And I think we have to take him at his word. Having said that, I do want
to ask the City Attorney, what liabilities might we have if we go forward with this
vote versus taking him at his word that he pulled the $10 million and the deal is
finished.
Victoria Mendez (City Attorney): Right, so in a perfect world -- thank you,
Commissioner Carollo for asking that. In a perfect world, I would like a letter from
them just advising that they aren't going forward with this project. So, if we could
reset this item with -- to next --
Commissioner Gabela: No, no, no, no.
Commissioner Pardo: I don't want to reset this.
Commissioner Gabela: Wait a minute. Wait a minute. We're getting off hand here.
Chair King: Commissioner.
Commissioner Gabela: I want to --
Chair King: Commissioner Gabela.
Commissioner Gabela: I'd like to take a vote --
Chair King: Commissioner Gabela.
Commissioner Gabela: -- up or down.
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Chair King: Commissioner Gabela.
Commissioner Gabela: Yes.
Chair King: Just so you know, when someone else is speaking and you want to be --
Commissioner Gabela: I'm aware.
Chair King: -- you have to say Madam Chair.
Commissioner Gabela: Madam Chair.
Chair King: Madam Chair.
Commissioner Gabela: Madam Chair.
Chair King: So then I can recognize you.
Commissioner Gabela: May I please intercede --
Chair King: And I --
Commissioner Gabela: -- because at the end of the day, I am the --
Chair King: -- and I -- and my partner is so passionate about what is happening
here, he's so passionate. And, you know, I just want to walk him through. So let's let
our Madam City Attorney finish. And then I'd like to say something as well, because
I have a question or two.
Vice Chair Carollo: Yeah, but I'm not done yet. I'm just --
Chair King: And when you finish, she was asking, and then he'll get his answer.
Vice Chair Carollo: Yeah, I was asking her.
Chair King: Yes.
Vice Chair Carollo: I was waiting for her to come back, but that's alright, you know,
he could finish with her --
Commissioner Gabela: Go ahead.
Vice Chair Carollo: -- then I'll come back.
Commissioner Gabela: No, go ahead. Finish --.finish your thought.
Chair King: I think, Victoria, finish your statement.
Commissioner Gabela: Finish your thought, I'll -- I'll be here.
Vice Chair Carollo: The -- the bottom line is, all that I want -- and Commissioner
Gabela -- is guidance so that we can be as best protected as possible. If we go
forward with it, I think part of the motion has to be that based upon his proffer to us
today, that he's pulling the $10 million, we are cancelling.
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Commissioner Gabela: But Carollo, in the original agreement, they only have an
agreement which takes four -fifths of what we're doing, and that's it. They don't have
a lease, they don 't have a contract, they don't have anything --
Vice Chair Carollo: Miguel, I --
Commissioner Gabela: -- that they can come back at us. And that's what I was going
to say.
Vice Chair Carollo: I understand that, but the reality that we live in --
Conmzissioner Gabela: Right.
Vice Chair Carollo: -- all that it takes is a few hundred dollars. They could file a
lawsuit, and then they could claim that they invested so much, and then we'll be
dragged in for, you know, another year or two where it's going to cost us attorneys'
fees.
Commissioner Gabela: But I, like you, am concerned of money wasting in
government. And believe me, I would not do this, and I've studied it. Okay, and the
only thing -- this has happened two times, as far as I know, in the city of Miami with
something like this. I even asked Mr. Centner, you know, when he told me, do you
have a lease, do you have a contract, do you have anything? No, the only thing I
have is an agreement and basically at any whim of the Commission for any cause,
for the four fifth vote, it's terminated, end of story. And this is what we're doing here
today. So there's no recourse because it's --
Vice Chair Carollo: Well, I understand what you're saying, but I think that he could
make a case that if he would have spent so much before in good faith before this is
pulled under from under him, that he has a claim to make. But what I'm saying is
that he lost that claim by the proffer that he made. So whatever motion is made, I
respectfully request that it's made based upon him proffering that he's taking the $10
million away. This way, it puts us in the best safe position where it would be very,
very difficult to make a claim in a lawsuit. And that's all that I'm saying to you in
this. Now, having said that, you know, look, I think we all want and need to protect
the city of Miami. Having said that, here's the other problem that I have. And let me
try to be as politically correct as I can in describing this. Now that Mr. Diaz de la
Portilla is not here, it's a lot easier to take him on. I took him on stronger than
anybody ever did. I think the only member of the Commission that was here at the
time was Commissioner Reyes. He was sitting where you were, Mr. Gabela, and it
was with my motion and my statements that this Commission followed and yanked
him out of being chairman of the CRA (Community Redevelopment Agency) at that
time for things that I felt were done wrong. There's a lot of statements that were
made during that meeting that I'm sure that you saw, and you might remember some,
but it's there for the record.
Commissioner Gabela: Well, I'm here because I beat Mr. Diaz, de la Portilla, elected
by the people, just like you're duly elected, so I also took him on, but I understand
what you're saying.
Vice Chair Carollo: Yeah, but I'm talking right here.
Commissioner Gabela: I understand.
Vice Chair Carollo: So --
Commissioner Gabela: And I'm not saying otherwise.
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Vice Chair Carollo: No, no, 1 understand. So I want to be clear in that with Diaz de
la Portilla, but 1 will say to you that -- and this is based upon some of the statements
that Commissioner Pardo made on contributions and so on. Mr. Russell received a
lot of contributions from a developer, the same way that you described the Centners
having given contributions to someone that ended up giving them to Diaz de la
Portilla. You had Mr. Russell who received a lot of contributions from a developer
that was the developer that was supposedly going to go forward with the School
Board and all these projects that we heard about today. And how do I know about
that? Very simply. On a day that was a holiday, if fI remember correctly, I got invited
to a luncheon with a former superintendent of the School Board and the developer,
so they could talk to me about this project that they had the first time that I was
informed of it. We're talking about a piece of land that is across from a religious
facility. I think we need to take into consideration what they feel on having a sky -rise
there, because this is part, and the most important part of what the School Board and
that developer talked to me about back then was not the school but the apartments
that were going to go there. This is City land, and what I've heard here today was
that the School Board wants it for a school. But I haven't heard anything about how
is the City going to be reimbursed. Out of everything that I heard here today, the one
statement that rings in my ear was the lady that mentioned that the majority of the
kids, the vast majority that go there don't live in the city of Miami. They're coining
from all over Miami -Dade County. They're coming even from Broward. And that
reminded me, back when I served with Mayor Ferre, and we gave the School Board
the land where MAST (Maritime and Science Technology) Academy lies on today,
and all the promises were made to us about the city of Miami kids being able to go
there. And I submit to you that we have so few city of Miami kids that go there, that
it's shameful that we gave all that land for that. So I want to be very clear that on the
vote today, that doesn 't mean that I'm ready to jump in board and drink the next tea
that's going to be served, or Kool-Aid, from the School Board. Because, one, they
have a lot of land, a lot more than we do. They have a lot of money that they tax. And
if they want to go into some kind of partnership with us for schools, then we should
have a guarantee that every kid in the city of Miami that would like to go there gets
priority over any kids from anywhere else outside of the city of Miami.
Commissioner Reyes.. Madam Chair.
Vice Chair Carollo: It's our land. And we should work out business financial terms
on whatever goes on there. And I just want to be clear on that, where I stand. I'm not
voting for this, or that, you know, I'm jumping in with the School Board and give the
land away. I'm not about to do that.
Commissioner Reyes: Mr. Carollo?
Vice Chair Carollo: Yes.
Commissioner Reyes: If I may. This is not the case, what we are doing here.
Vice Chair Carollo: No, no, not now.
Commissioner Reyes: No, what we're doing here now, it is -- we are based -- and I
am offering an amendment that if the Commissioner, the proponent, if he has -- he
accept it, Cabela, that the motion should read based on the information that we
received that they have backed up from the deal. Let's -- and that way, we take care
of everything that -- all the dangers of having been sued. It's just a couple of
paragraphs that will say only based on the actions that they took, that they rescinded
the compromise. And that's it. It's only a couple of paragraphs. And besides that,
and to your point of jumping with the school system, let me make it clear, I met with
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Mr. Dotres, and they are not going to build in that area. That's not what I heard.
They're not going to build, I mean, a skycraper or anything. It's a school. And they -
-1 had made it clear that any piece of land, an inch of any land park that is used has
to be replaced by the same amount of land, you see, and be converted into a park,
into parkland. So we don 't know -- I mean, I don 't want another Melreese here, you
see?
Vice Chair Carollo: Well, that -- that, I'd like --
Commissioner Reyes: Yes, sir.
Vice Chair Carollo: -- but there should be sufficient land --
Commissioner Reyes: But, but --
Vice Chair Carollo: -- that equals in value to what that land was.
Commissioner Reyes: Absolutely. But -- but what we should do is -- we have not
entered yet, not even in a discussion with the school system or anybody else. We can
place it for RFP (Request for Proposals) if -- if we decide that we want to do an
RFP, and they would be one of the many people that would try to, I mean, would
apply for -- to use that land. So, what we're doing here, it is we are just -- I mean,
finishing once and for all the license that was, I mean, that was voted in, and this is
not, I mean, we are not at this moment, it is not because Commissioner Diaz de la
Portilla has been arrested or anything. It is because the deal, you see, we now have
an alternative and the deal is -- could be much better. And as I always said, we
should have gone into an RFP as Gabela and Pardo have said. And I agree with it.
Commissioner Gabela: Can I just say that this is where I'm coming from.
Chair King: Commissioner. Commissioner Pardo.
Commissioner Pardo: I had a question jrothe City Manager. Are there park permits
issued? I understand they're just -- the only permits issued on the property are just
some park permits that run annually?
Arthur Noriega (City Manager): Yes, I don't specifically, know the term of them, but
there are some permits that have been issued on their property.
Commissioner Pardo: And it's just that same annual park permit that runs from year
to year?
Mr. Noriega: I can get you a full detail of what's there now if you'd like.
Commissioner Pardo: Yeah.
Mr. Noriega: We'll get the -- Chris to pull it together.
Commissioner Pardo: That would be helpful. I say that because I would like on -- to
vote on this item as is because this item is about revoking a revocable license. That's
all this item is about.
Commissioner Reyes: Okay.
Commissioner Pardo: Everything else we're talking about here, whether the
Centners give or don't give 10 million, does not come into play on this item. I think
Commissioner Gabela has called the vote, and I think we should vote.
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Commissioner Gabela: Yep, I agree. And so can 1 speak now?
Chair King: Now you can.
Commissioner Gabela: Okay, thank you very much. To your point, I submit to you,
Commissioner Reyes, that we should do it on two things. Based on principle, number
one, that there was a no bid process the way it was done; and number two, if you
want to quote that, that they have rescinded, that's fine with me. But had they not
rescinded, had they not rescinded, would I still be supporting this? No, 1 would be
voting --
Commissioner Reyes: Me too.
Commissioner Gabela: -- again a thousand times against this because the only thing
we're doing here is we're revoking the license. And then you've got to ask yourself
why is it, okay, that they, never built? And the reason that they never built, because
they're not sure of this, like I told Mr. Centner in my office, if I was you, I would
never make a deal like this, you know, spend $10 million unless you've got money to
burn. Maybe they do, apparently they do. God bless them, I'm a capitalist, I want
everybody to have money, I want to have money, you know, and I do. But the point is
this, that the point is that we're revoking it simply because of the no hid, that was
unfair, they didn't get a chance. And you know what, you're right, it should be open
to all. And you know what, maybe the public schools, ourselves, the CRA and the
Centners, can also have a joint project and be a better project.
Commissioner Reyes: Okay. I think we're just going around this.
Commissioner Gabela: I think we should call the question.
Commissioner Reyes: Yeah, just call the question.
Chair King: So we had a motion and a second for discussion. Now may I have a
motion?
Vice Chair Carollo: Can I get another minute? Look, I was going to be voting on this
with some inclusion, but the bottom line, if we're just voting on this because there
was no bid, there was plenty of advertising that people knew that this was coming. So
if it's only for the no bid reason, I'm not voting for it. 1 mean, we don't need a reason
to revoke a license.
Commissioner Gabela: Exactly. So let's call the question.
Commissioner Pardo: Let's call the question.
Commissioner Gabela: That's it. Let's call the question. Let's vote.
Vice Chair Carollo: If you want to say that you're revoking it, period.
Commissioner Gabela.: I've got many reasons for revoking. I'm not only -- I just use
one. I don't want to get into the thing. Let's call the questions and let's do what
we've got to do.
Commissioner Reyes: Listen, just revoke it.
Vice Chair Carollo: My question is --
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Commissioner Gabela: And that's it.
Chair King: Hold on. Hold on.
Vice Chair Carollo: What is the actual motion?
Chair King: To revoke the license.
Commissioner Gabela: To revoke.
Vice Chair Carollo: Just to revoke.
Chair King: Wait, wait. First of all, I need a motion to revoke the license because my
motion was for discussion, so may I have a motion?
Commissioner Gabela: So, motion to revoke the license.
Commissioner Pardo: I'll second it.
Chair King: So it's a motion to revoke the license.
Commissioner Reyes: And a second.
Vice Chair Carollo: It's only a motion to revoke the license.
Chair King: Yes.
Commissioner Gabela: Yes, that's it.
Chair King: That's it.
Vice Chair Carollo: Now, can we just include in there, to protect the City to the
_fullest, the fact that he proffered that he was withdrawing the $10 million request?
Just to protect us more.
Commissioner Gabela: You know, for nze, I'm doing it out of principle for what I
believe is right in my conscience. You gentlemen do, and ladies do what you've got
to do. I'm simply making the motion to cancel, whatever you want to call it, you
know, and that's my motion, period. End of story. Whoever wants to go along, let's
go. If not, let's get this over with.
Chair King: And to your point, Commissioner Carollo, Mr. Centner did give an
interview to the Miami Herald, it popped up on my notification, he said, and they
quoted him, that he was withdrawing his support.
Commissioner Gabela: Okay, good.
Vice Chair Carollo: And again --
Chair King: But again, I'd like to remind everybody, because you say something for
one minute, Commissioner Russell said at a Commission meeting, I quit today, and
walked off And then he walked back out and said --
Commissioner Reyes: I remember that.
Chair King: -- no, I didn't.
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Commissioner Gabela: Nobody's quitting here today. 1 don't think anybody's
quitting here today.
Chair King: And I say that just to say that, you know, you say something in the heat
of the moment, and then -- but we do have the authority to revoke the license --
Commissioner Reyes: Absolutely.
Chair King: -- and that's all we're doing here today.
Commissioner Reyes: We don't need no excuse.
Chair King: So I have a motion and a second --
Commissioner Reyes: It is a revocable license.
Commissioner Gabela: Motion.
Chair King: I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Vice Chair Carollo: And for the record, my "aye" is because Mr. Centner made it
clear on the record that he was withdrawing the $10 million.
Commissioner Reyes: Okay.
Chair King: Motion carries unanimously.
Commissioner Pardo: I would withdraw it too if I didn't have the votes.
Commissioner Reyes: Okay.
Chair King: Okay.
Commissioner Reyes: Okay, let's keep on going.
RE.9 RESOLUTION
15681
Commissioners
and Mayor
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY MANAGER TO ALLOW CITY OF MIAMI EMPLOYEES
WHO REPORT ILLEGAL DUMPING IN THE CITY OF MIAMI,
WHICH ARE OBSERVED DURING NON -WORK HOURS, TO BE
ELIGIBLE FOR THE CRIME STOPPERS REWARD PROGRAM
ENACTMENT NUMBER: R-24-0107
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Manolo Reyes, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Chair King: So I believe the remaining of our RE (Resolutions) items are -- oh, wait.
So, may I have a motion for RE.9, 11, 12, and 13?
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Vice Chair Carollo: Move on RE.9 --
Commissioner Gabela: Motion.
Commissioner Reyes: Okay, hold on a second. Hold on a second. Hold on a second.
I -- I --
Vice Chair Carollo: Yeah, yeah, yeah, yeah.
Commissioner Reyes: 1 have -- I would like to pull for discussion RE.12 and RE.13,
right? It is --
Vice Chair Carollo: Yeah, but we've got 9 here.
Commissioner Reyes: (UNINTELLIGIBLE).
Chair King: RE.12.
Vice Chair Carollo: Let's bring 9 for a second, too while we're at it `cause --
Commissioner Reyes: That's right.
Chair King: Okay, well, let's go one by one, then.
Vice Chair Carollo: This could get --
Commissioner Gabela: What are we -- what are we discussing?
Chair King: RE.9.
Commissioner Gabela: RE.9?
Chair King: City Employees Eligibility Crime Stoppers Reward Program. Do I have
a motion for discussion?
Commissioner Gabela: Motion.
Vice Chair Carollo: Move.
Chair King: I have a motion and a second for discussion. I will start with my Vice
Chair.
Vice Chair Carollo: Okay, alright. So we could be clear and two of our new
colleagues can understand. Last, I don't know, over a year ago now, I think, we
approved an ordinance that we would provide, if I remember correctly, up to $500
through Crime Stoppers for anyone that would provide for us information that would
lead to the arrest and conviction of anyone that they would report that was dumping
illegally in our city. I don't know how much we've paid out. In ,fact, I think part of
the problem is we haven't put out that information sufficiently. I think if we do a
campaign, particularly in your district, Commissioner Gabela, and mine, I think we
will get a lot more response. But this here talks about City employees that are not
during working hours being able to report it and get $500, too. And I just want to
make clear what we're voting upon.
Commissioner Reyes: Yes, Madam Chair.
Chair King: We're going to go in order.
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Commissioner Reyes: Okay.
Chair King: That would he Commissioner Gabela. You know --
Commissioner Gabela: No, no, I'm listening. On this one, I'rn listening to what you
guys have to say.
Chair King: Okay.
Commissioner Gabela: And I'm going to go, you know.
Chair King: Okay. Commissioner Pardo.
Commissioner Pardo: (INAUDIBLE).
Chair King: Commissioner Reyes.
Commissioner Reyes: Yes, my only fear on this is that a person that is, I mean, we
are -- and we have to think about this, and I think the reward is very good, but you
see, a person that is doing their job, for example, all of us, we have employees that
they go around the -- our district in those little trucks and all of that. And if they see,
while they're working, during working hours, if they see some illegal dumping, you
see, instead of reporting them, it could be, you see, that we are opening up the door,
instead of coming back and immediately reporting it, they could wait until after they
finish their job, and then report on it in order to make the $500. That's the only
problem that I see in this. I believe that we should have rewards, but rewards could
be more for, I don't know. And we don't -- we shouldn't give the opportunity that --
I'm not, I don't mean that all the employees are going to do the same, but it is -- it
opens the door for some people that are working and they watch illegal dumping
taking place, don't say anything, and then after working hours are over, come and
say, I'm reporting this, 1 want my $500. That is my only question. And if you can find
a way that we can avoid that, I'm all for it.
Chair King: So there needs to be photographic evidence of the illegal dumping.
Photographic evidence comes with a time stamp. So if an employee is not reporting,
they see it during working hours and they don 't report it until after hours, we'll
know. Because there will be multiple sources of evidence, mainly the time stamp of
the photograph, because you have to catch the person in the act of illegal dumping.
Otherwise, how are you going to report it, right? You can't come at 5 o'clock and
see an illegal dumping site and say someone did it, and then you come around and
find the evidence that, oh, this happened during your shift. Now, there are -- if you 're
a cheater, you're going to cheat. But you'll get caught. You may get away with it
once, but you'll get caught. But the time stamp, and there are other avenues to
support the evidence of catching a person illegal dumping. You go and get the video
from the house with the Ring camera, which will show you the time that it has. I
don't think that a regular person, a regular person is going to put their job in
jeopardy for $500. I think the benefits outweigh the concern, because illegal
dumping in the city of Miami is out of control. And the bad actors are people that are
corning into our community to dump instead of -- because it's difficult to dump in
Miami -Dade County, you can only do it once or twice a year. So hold on a second.
So that is why. But there are systems in place, and we can certainly beef up the
systems, but I am in favor of doing whatever we can to clean up our city.
Commissioner Reyes: So do 1. I just need a point of clarification here.
Chair King: Point of clarification.
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Commissioner Reyes: Because the way that 1 understood, it is not when you catch the
person at the time that they are illegally dumping. The way that I understood it was
that you go by and you see -- everybody knows what illegal dumping is, you see,
construction material and all of that. That you see some construction material or
whatever it is that is illegal that should have been dumped, and then you report it.
Now what you're saying is if you see somebody, if you see somebody in the act and
you catch them on the act, is that clear in the ordinance?
Chair King: You have to -- in order to get the $500, a violation or a citation --
Commissioner Reyes: Because if that is the case, I approve it.
Chair King: Yes. It's a violation or a citation. They have to receive a fine, a
violation, a citation, so I will let the Solid Waste Director, who is more versed on
this, and his assistant -- his second, to answer your questions, because I want it to be
clear.
Commissioner Reyes: Yes.
Wade Sanders: Yes, Wade Sanders, Director of Solid Waste, City of Miami. The
program itself Commissioner, is that individuals that get caught in the act, just like
you said, are reported through Crime Stoppers. The individual catch them in the act.
Commissioner Reyes: In the act.
Mr. Sanders: Then they're able to get the $500 reward through Crime Stoppers. The
program that we're talking about deals with citations that deals with individuals
reporting through 311, which those individuals then would have to, you know, do
what Chairwoman is saying, take a picture, time stamp, report it in to us, we then
give a citation, which is then classified as civil, and then we go through that act of
taking care of it.
Commissioner Reyes: Yes, but I want to make clear, it is if you caught somebody in
the act, in the act, not that you go by a street and you take a picture of illegal
dumping that has been there probably from the night before and so on. If you caught
-- I mean, if you watched somebody in the act of illegal dumping, then you get a
picture and you get $500.
Chair King: It's two pronged.
Commissioner Reyes: I mean, they are -- (UNINTELLIGIBLE) --
Chair King: You have to catch them in the act --
Mr. Wade: Yes.
Chair King: -- and they have to get a citation --
Mr. Wade: A citation.
Chair King: -- or violation. So two things have to happen --
Mr. Wade: Have to happen.
Commissioner Reyes: Okay, fantastic.
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Chair King: -- before you can get the reward.
Mr. Wade: To be eligible for the --
Commissioner Reyes: That's in the act. It's in the act. I'm fine with that. Okay, I'm
fine with that. I'm fine with that.
Vice Chair Carollo: Commissioner, can we do this inn the way, make sure that there's
nothing that we haven't seen here with our ten eyes, and maybe we're missing, can
we do it in a pilot program for three months, let's say, and then bring it back? If
everything works fine, then we approve it permanently.
Mr. Wade: And also, Commissioner, what we did when the item came up is that we
went back and looked at the criteria and then we modified the criteria to make sure
that if it's a staff person that is reporting, they have to sign an affidavit. The time
stamped pictures, they have to sign an affidavit that is notarized and everything that
comes through. So it goes back to what Chairwoman was saying. I don't see those
individuals want to jeopardize their job for $500 when they have to go through these
different criterias in order to --
Vice Chair Carollo: You might have people that might make more money at this than
their regular job.
Mr. Wade: They can, you know, I mean, they can play, hut eventually, you know, it'll
catch up.
Commissioner Pardo: Chair.
Chair King: And this is a program that's available to our residents, and I promote it
a lot for District 5, because we have a lot of illegal dumping. So, I'm very versed
with the program. It's not easy to catch these folks in the act. And it's -- and you
have to be safe as well because, you know, you have to get their tag so that the police
can go after them, the vehicle, what kind of, you know.
Mr. Wade: The time. Yes.
Chair King: And, you know, it's not --
Mr. Wade: All those things.
Chair King: -- it's a tricky thing trying to take a picture of a --
Mr. Wade: A person that's doing something illegal.
Chair King: -- a person that's doing something illegal. Commissioner Pardo.
Commissioner Reyes: Okay, I move it.
Commissioner Pardo: Chairwoman, I just wanted to say I'm fully supportive. It
seems like you all have thought this out very well. I don't think we need a pilot, and
I'd like to see us move forward.
Commissioner Reyes: I move it.
Victoria Mendez (City Attorney): I just need to make an amendment, Madam Chair,
that this has to do with the illegal dumping reward program, not the Crime Stoppers
one. That it's the illegal dumping reward program, the one that leads to citations.
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RE.10
15686
Commissioners
and Mayor
Mr. Wade: Yes.
Ms. Mendez: Okay.
Chair King: So I have a motion and a second. All in favor, as amended.
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION PROHIBITING
ANY FUTURE PAYMENT OF ANY ATTORNEY FEES OR
COMPENSATION TO COUNSEL HIRED TO REPRESENT
FORMER COMMISSIONER ALEX DIAZ DE LA PORTILLA IN HIS
CAPACITY AS A CITY OF MIAMI COMMISSIONER.
MOTION TO: Adopt
RESULT: FAILED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: Gabela, Pardo
NAYS: King, Carollo, Reyes
Note for the Record: For additional minutes referencing Item RE.10, please see
"Public Comments for All Item(s) on the Agenda."
Commissioner Reyes: Okay, where were we?
Chair King: We are on RE.10.
Commissioner Gabela: Motion.
Chair King: I have a motion for discussion.
Commissioner Pardo: I'll second it.
Chair King: I have a second. I need some clarification from the --
Commissioner Reyes: Me too.
Chair King: -- City Attorney's Office to explain this.
(COMMENTS MADE OFF THE RECORD)
Chair King: RE.10. Or the City Manager, whoever has the --
Victoria Mendez (City, Attorney): Well, I believe it's first sponsored by
Commissioner Gabela --
Commissioner Gabela: Yeah, I can explain it if you want to.
Ms. Mendez: -- and he can explain his --
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Chair King: Okay.
Commissioner Gabela: Yeah.
Chair King: Go ahead.
Ms. Mendez: -- motivation.
Commissioner Gabela: So, I think that in light of what has gone on here in the past
with certain people, that we need to make clear to those that want to serve, those like
ourselves, that if we come here to serve, we come here to serve honorably. And if
you're caught doing illegal things, okay, out of your commissionership role, shall we
say, we're not going to cover your legal expenses. And that's what this is about. It's
about setting a precedence that if you come here, you 're going to do the right thing.
And know that if you choose to go rogue, okay, or don't follow the guidelines and get
yourself into trouble, okay, because you're under -- you're doing corruption or other
things you shouldn't be doing as a commissioner, we, the City of Miami, are not
going to pay your legal bills. If later on it's discovered that, and you prevailed, then
we will pay your legal bills because you prevailed, but not while this is going on, and
I think this is important. So we establish the trust, again, of the citizens, of our city,
and that we're saying that we're not going to tolerate this kind of behavior in the
City of Miami.
Vice Chair Carollo: What cases are we talking about?
Commissioner Gabela: We're talking about anything related with Mr. Diaz de la
Portilla and his legal bills.
Vice Chair Carollo: What cases does he have?
Commissioner Gabela: He's got two cases, 1 believe, if not more. But he's got the
_first case of the corruption charges, which he's under indictment, I understand, right
now. And he's got the second case of -- what is the second case? He's got a second
case.
Ms. Mendez: So there's two matters. One has to do with Prieguez v. De la Portilla --
Commissioner Gabela: Oh, right.
Ms. Mendez: -- that arises out of an RFP (Request for Proposals) that's on appeal
right now. So that's one case. And the other case has to do with Acevedo v. City of
Miami, and several other commissioners, which is still ongoing. A motion to dismiss
has been pending for about a year, I believe, and then there's one other civil matter,
which is an ethics complaint. So those are the three matters right now.
Chair King: So, let me -- let me say this. As a practitioner and as an elected official,
two of those matters could happen to any one of us.
Commissioner Gabela: I just -- by the way, let me be clear --
Chair King: Let me -- let me --
Commissioner Gabela: -- I never said Acevedo. What I said was anything related --
Acevedo, you mentioned. It was never my intention to put in the Acevedo case in
there, just so you know.
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Ms. Mendez: But that's what --
Commissioner Gabela: Just saying.
Chair King: So, and here is my concern, because, one, I'm not paying upfront legal
fees for anyone that decides they want to sue me because I voted on the wrong side of
their issue. I'm not going to support that at all. And that can happen to any one of us.
Commissioner Gabela: But that's different from -- that's different --
Chair King: Well, that's --
Commissioner Gabela: -- participating in corruption activities like it's alleged, and
Mr. Portilla --
Chair King: Right, but anybody --
Commissioner Gabela: -- after all, has a track record --
Chair King: Okay.
Commissioner Gabela: -- in my view.
Chair King: But you have to --
Commissioner Gabela: Not only Mr. Portilla, but anybody in the future that comes
here and thinks that they're going to get away with it and we're going to pay for it,
because the argument has been made to me, oh, you know, I asked the City Attorney,
if she'll remember, a week or two back, I asked Ms. Mendez, okay, is there a
precedent? How is it that we wind up -- are we obligated to pay legal bills? In other
words, if I get in trouble now for my, you know, for corruption, they catch me doing
corruption, are you obligated to pay for me?
Vice Chair Carollo: No.
Commissioner Gabela: No.
Chair King: Hold -- hold on.
Commissioner Gabela: Then why do we do it?
Vice Chair Carollo: We're not paying for that for him.
Chair King: Hold on. Hold on. Hold on.
Commissioner Gabela: That's my point.
Chair King: Hold on. Hold on.
Vice Chair Carollo: We're not paying for that.
Chair King: Hold on. Hold on. Let me say this.
Commissioner Gabela: Yep. I'm not saying what --
Chair King: Right, no, no --
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Commissioner Gabela: -- you stated, let me he clear.
Chair King: -- but what I'm trying to show you is that anyone --
Commissioner Gabela: No, no, I understand.
Chair King: -- anyone can come here and say, and they did this morning, a couple of
people came up here and said the two of you were corrupt because you had some
social media posts. They can go and sue you for corruption. They can come and sue -
- you can be sued for -- a complaint is just that. It doesn't mean that it's true.
Commissioner Gabela: No, no.
Chair King: It doesn't mean that -- and 1 understand that previous commissioners,
and it's out there, but we are innocent until proven guilty. And I'm not -- I'm not
making a stand on anybody. What I am saying to you is that this could happen to you
as well. Not because you're corrupt. Not because you did anything that was corrupt.
But because somebody had an ax to grind with you, and they file a lawsuit against
you in your official capacity as commissioner, and they say you're corrupt. I'm not
paying for that. Now, if, I will support, if a court of competent jurisdiction says that I
was corrupt, I'll give you back the legal fees. But I'm not upfronting legal fees for
anybody that can come up here and say you're corrupt. And I don 't support that for
you, for you or any of my colleagues, because that is not fair.
Commissioner Gabela: What I'm saying --
Chair King: Because we -- because we give of ourselves for the community.
Commissioner Gabela: But it's two different apples.
Chair King: Hold on a second.
Commissioner Gabela: You're comparing apples to oranges.
Chair King: No, no I'm not.
Commissioner Gabela: Yes, you are.
Chair King: No I'm not. Because it looks a different way for one doesn't mean that
you're going to lump us all up because that's what you're doing. 11 we vote for this,
we've set a precedent and that is not fair to our body here and those that come after
us because this is not an easy job.
Commissioner Gabela: You know, you know what? Let me, let me just tell you
something. I'm one of those guys that, you know what my election was about and let
me tell you, I'm still fighting. In 2019, when I lost my election, and I knew there was
cheating, and it was against Diaz de la Portilla, I was the runner-up, him and L And
you know what happened after that election? I went home, I continued to do my
business, I never put a lawsuit on anybody. You know, that's what happened. In
2023, fast forward, when I won the election, okay, I won the election, the people
spoke, it was almost $2 million against our campaign that was $200,000, not more
than that. Okay, I think the people spoke, they also spoke for you, on your behalf
and I think they sent a clear message that they didn't want any more of this that was
going on. And my point is, okay, even today I'm still being sued by Mr. Portilla and
Mr. Kuehne on behalf of Mr. Portilla, okay, because they're still trying to take me
out as commissioner, even though I won an election. Before that, they -- my house
was taken out of the district. And it's not fair, but it's what happened to me. You
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know, and I'm just trying to set an example that if you come here and you want to be
a commissioner and you want to represent the citizens of the city of Miami, we're not
going to tolerate this kind of behavior and we're not going to pay for your legal bills.
That's what I'm trying to say here. I'm not trying to say that any time that you're not
entitled to, you know, when you're doing something legally and ethically under your
commissionership, you're covered. That's not what I'm saying.
Chair King: You just made my point. You just made my point. They're suing you, and
you won fair and square. You won, and they're still suing you. You just made my
point. Because anybody can come up and sue you for anything and you did nothing
wrong and you 're still being sued.
Conmaissioner Gabela: And that's just the point. I did nothing wrong, but on the
other side of this, we're paying for defenses that are sometimes --
Chair King: But we're not paying --
Commissioner Gabela: -- it's under corruption charges.
Chair King: -- him to sue you. We're not -- we're not paying -- I know the City is not
paying counsel to sue you. Correct?
Vice Chair Carollo: Nor fbr any legal defense.
Commissioner Gabela: The City of Miami paid GrayRobinson as minimum as
$50,000, as far as I know, outside counsel to sue me, Miguel Angel Gabela. Is that
not true? Or is it true? That's what you said to me. I asked you --
Ms. Mendez: Do not, do not point at me. Okay. So, the -- and you and I will continue
to, unfortunately --
Commissioner Gabela: Victoria, I got to point to you because you're sitting there. So
I'm going to continue to point at you because I'm asking you the question.
Ms. Mendez: You don't get to point, you don't get to disrespect me.
Commissioner Gabela: No, no, I'm not disrespecting you.
Ms. Mendez: You are.
Commissioner Gabela: I'm asking you the question.
Ms. Mendez: You are disrespecting --
Commissioner Gabela: If there's anybody that's disrespected, it's you that you
interfered in an election.
Ms. Mendez: No one interfered in an election.
Commissioner Gabela: You interfered in an election in 2023. And by the way, you
should be disbarred in my opinion because you interfered in an election.
Chair King: Commissioner Gabela. Commissioner Pardo. Commissioner Pardo.
Commissioner Gabela: So, don't tell me --
Commissioner Pardo: I have a --
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Commissioner Gabela: You've done plenty of pointing.
Chair King: Commissioner Gabela.
Commissioner Pardo: I have a -- I agree with you in terms of there can be any
frivolous lawsuit and we need to be protected from those. But I also agree with the
many residents that call our office and the many people that have spoken to us. The
case of Alex Diaz de la Portilla is exceptionally egregious. It rubs our taxpayers and
residents entirely the wrong way. And what they are asking us to do is to make sure
that we are not paying his legal fees to the best extent possible and that is protecting
our city. It's also protecting our taxpayers and protecting our residents. So hopefully
there's a way for us to carve out an exceptional case like this one and stop paying
legal fees while still protecting us.
Ms. Mendez: We are not paying for his criminal -- does everybody understand that
we are not paying for his criminal defense?
Commissioner Pardo: Civil, right.
Ms. Mendez: We're -- and the case that we are handling, which is the Prieguez v. De
la Portilla case, that is a civil case that does not have anything to do with his
criminal case. I need that to be very clear on the record because I feel like everybody
is confused. The only thing that we are paying for Mr. Diaz de la Portilla are those
things which arouse out of the fact that he was a commissioner and dealings that he
had while he was a commissioner. There is no criminal aspect --
Commissioner Pardo: Correct. But what they are saying --
ills. Mendez: -- being handled.
Commissioner Pardo: -- what people are saying, the public is saying, this is not just
a regular commissioner in a commissioner position. This is an egregious case of a
commissioner that has committed wrongdoing, and they want to see the City not
support his civil matters. That's really the point. That's the pushback.
Commissioner Reyes: Madam Chair, ifI may.
Chair King: Commissioner Reyes.
Commissioner Reyes: Yes. Let me clarify something here. I don't agree on paying a
single penny to anybody that commits a crime. That while they are either an elected
official or they are an employee of the City of Miami. But, having said that, having
said that, there is a statute, 111 in the Florida, I mean, which is law, that requires
that we -- and it says, it specifically says, in order to avoid, to avoid that an elected
official or any official of any government is -- I mean, become afraid or it is held
back of making a decision that could be controversial and could be -- I mean, could
be sued, the institution pays for the legal fees for that person. What we're doing, if
we are taking that away, you see, we are going to have cases that even our officials,
our employees, they will be afraid of making decisions. And we have, right there, I'm
looking, come here, you see, he was sued because of one of his decisions that he
made. He was sued by somebody. And we have to pay for it because it was
committed. Unfortunately, unfortunately, even if you like it or not, I am not a friend
of him. I don 't want to -- I mean, you see that I'm defending, I'm not defending
anybody. I'm defending the principle of regardless of who that person is, the
principle of having legal representation when you are being sued because an act that
you took while you were in office or you were hired by the City.
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Commissioner Gabela: And all I'm saying is that if you are right and you prevail in
the lawsuit, in the court, then we go ahead and we pay the bills. Not a problem. You
were right, you won. But not -- not --
Commissioner Reyes: But that's not the way it is, Mr. Gabela,
Commissioner Gabela: I'm not saying -- I'm saying if he prevails, we pay his bills.
Commissioner Reyes: We can be arguing this all along.
Conmaissioner Gabela: No, no --
Commissioner Reyes: I am not going to set a precedent.
Commissioner Gabela: Okay, fine. I'm not going to try to change your mind. You're
not going to change my mind either. So, respectfully --
Chair King: Mr. Vice Chair?
Commissioner Gabela: No problem.
Chair King: Mr. Vice Chair?
Commissioner Gabela: Let's call the question --
Commissioner Pardo: Can -- or defer?
Commissioner Gabela: -- let's take a vote.
Chair King: Hold on.
Vice Chair Carollo: III may.
Chair King: Hold on.
Vice Chair Carollo: IfI could just make a quick statement. We get up here every time
we have a meeting and we say that liberty and justice for all when we say the pledge.
However, when you're sued, it is with liberty and justice for all, if you have money.
Otherwise, chances are, you know, they're going to have your clock in court. Even if
you go and try to represent yourself you'll have it even quicker. So, what I'm not
going to do, and this has got nothing to do with the Diaz de la Portilla, because I
would reserve my comments on this. But this goes to any one of us, to all the rest of
our employees in the City that need to know that they're going to be backed up and
protected like they should be, and for the future employees and members of this
Board of the City of Miami. People, if they're sued, if they're in a position here in
the City, they have to be represented by the City of Miami, unless it is a criminal
indictment and the City is not representing them. And I don't want anybody to be
confused. The City is absolutely not representing Diaz de la Portilla in any of his
legal criminal indictments. That's between him and the courts. He has to pav his
legal fee or find a way to. Now, having said that, the criminal area that you talked
about, it's only an allegation in a lawsuit, only an allegation. Whether true or not
true, no one has indicted Mr. Diaz de la Portilla in those allegations. And frankly,
the allegations allegedly were brought by a lobbyist that claimed that because of Mr.
Diaz de la Portilla, he was going to lose a lot of money lobbying. Well, I see that
he's signing up with a lot of people these days, so I don't think he's losing any
money whatsoever, since the last elections, anyway. So it's almost like we're going
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to take sides in something that the City has no business in taking sides. We have a
business if he was sued for something civilly, which is what it was, to provide
attorneys for that. And 1 don't want to make it a precedent, whatsoever into the
future, because maybe right now you guys don't think that it's going to bother you at
all. You don 't know what tomorrow is going to bring, or the next day, or the next
day. This is the way things are here. And Miguel, look, I fully understand how you
feel. You know, I've been on both sides. I even remember, I remember so clearly,
when supposedly I had lost a mayoral election, and I was coming back to City Hall
and my Sergeant of Arms, that were Israeli at the time, told me that there was a
group of about 40 people celebrating and having a grand old party in front of City
Hall. These were the days that we didn't have a couple of weeks to finish everything
and leave. You lost an election, you had to leave the very next day, overnight. I came
and they wanted to bring me through the back and I said no, we're going through the
front, I don't want anybody getting involved in anything, whatever happens, do not
get involved. I'm going to go through the same door I walked here with my head up
and leave the same way as I came in with my head up.
Commissioner Reyes: I remember that.
Vice Chair Carollo: So I went up to the crowd and I asked them, which of you here
want to throw the first stone? Everybody quieted down real quick. And then I was
told that everything was being videotaped so that a lobbyist that was in federal
prison for bribing the city manager that had also been arrested, along with a
commissioner, along with the finance director, just before I got elected as mayor in
the first term, they had sent him the video so that he could get his jollies in jail. And
you know, history showed that I came back. So I've been and felt everything and
more that you feel, and I could understand your feelings, and I mean that. I could
understand it. I've lived through it all. But what I'm just saying is that, and I think
you will more than understand it later on as time goes by and you're here longer,
this is not the way to go on this. This is the wrong way of going about this.
Eventually, what's going to happen to Mr. Diaz de la Portilla, Miguel, neither you
nor 1, you know, are going to have anything to do with it. Whatever he's done or he
hasn 't done, God is going to take care of it, and the courts will. And you know, so
that's all that I'm saying, and that's why I can't go along with this. Because there
are some out there that precisely, they're looking at this, then they could come to the
next and the next so that they can end up running this city and doing with it whatever
they want or taking from us tens and tens of millions of dollars.
Chair King: I feel --
Commissioner Gabela: But look --
Chair King: I feel the same way. I feel the same way. I believe that because of the
treatment that you have received, and I have supported you in your efforts to have
your house placed back in the district, and I understand that, but on this, because we
are not we, we the City, the City is not incurring or paying any of his legal fees for
any criminal, criminal charges that have been brought against him. But if we vote
for this, in favor of this, then we have to look at my colleagues on this side who are
lumped into a lawsuit with him from the former police chief because they're being
sued in their capacity. We have to look at the employees that are being sued in their
capacity as employees. And I'm not -- I am not willing to do that.
Commissioner Gabela: Okay, so it's clear to me --
Commissioner Pardo: One quick thing. I view this a little differently. I view it as an
employee benefit to protect when it comes to civil matters. And I think when you have
passed a certain threshold, what has happened here with Commissioner Diaz de la
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Portilla, there should be a way to stop employee benefits. And if it takes looking
through the cases, and if there are cases where he's with a police chief segregate
them out. We don't count those, but when they're personal cases that involve him
civilly, we should stop benefits. And that's kind of the way I'm looking at it.
Commissioner Gabela: And listen, one more thing. Forget about Mr. De la Portilla.
This is not only geared for Mr. De la Portilla. This is geared for the future to say out
there, if you're going to come serve, okay, have good intentions in mind. Okay, this
is not only to do something against De la Portilla, this is not geared to Mr. De la
Portilla only. It just so happens that he's the one that has a track record of doing this
kind of stuff you know. And, you know, there was an election, okay, I ran on an anti-
corruption platform, you know. And they called my office and number one, people
could not believe, people could not believe that Mr. De la Portilla was running,
running as a candidate, when he was -- he had been arrested. That's number one. I
had a hard time explaining to people, you know, he has the right to run, that's why
he's running.
Commissioner Reves: That's the law.
Commissioner Gabela: And he ran. And then after he ran, then he doesn't concede
the win. He's got me in court. This gentleman right here represents, Mr. Kuehne,
with all due respect. He represents -- he's still trying to take me out. Mr. Kuehne, on
Mr. Portilla's behalf, is trying to take me out as a sitting commissioner right now.
Right now, as we speak. Okay? Right now, as we speak. I het none of you guys have
had to go through that. I'm going through that. Okay? But, that's not the point. The
point is to send a message --
Vice Chair Carollo: I did -- I went through that.
Commissioner Gabela: -- to the residents, hey, we're legit, and we want to do the
right thing for the city of Miami, and we're not going to tolerate this kind of
behavior. That's all. This is not to discriminate only against Mr. Portilla.
Vice Chair Carollo: Miguel.
Commissioner Reves: Madam Chair?
Vice Chair Carollo: 1 --1 went through it.
Chair King: Me too.
Vice Chair Carollo: When you asked that no one has gone through that, I went
through it.
Commissioner Gabela: No, I -- I'm sorry, Mr. Carollo.
Vice Chair Carollo: Yeah, I went through it. The minute I -- you know, you got sworn
December 2nd.
Commissioner Gabela: Yeah.
Vice Chair Carollo: I got sworn December 2nd, `17. The minute I got sworn in, the
attorney that's representing you --
Commissioner Gabela: Yes, Mr. Planas.
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Vice Chair Carollo: -- was the one that came after me, supposedly representing Alfie
Leon. And poor Alfie, you know, was pushed right into this because he was the only
one that could sue, and he was pushed by certain people to go along with that. And
that same attorney that lost that case by a mile then got involved in a recall against
me. And in that recall, while the statutes of Florida clearly state that no one is to be
paid any money to collect signatures for a recall, they were paid to collect signatures
because when that attorney came in, he said, don't worry, go ahead. And
furthermore, there was tens of thousands of dollars that I could prove right now,
right now beyond a shadow of a doubt, that were spent illegally, didn't go through
any PAC (Political Action Committee), even though they claim it had gone through a
PAC, it never had. In other words, the same crimes that Diaz de la Portilla got
charged with, money laundering, were committed in the illegal recall against me.
You know what? The statute of limitations hasn't expired on some of those crimes
yet. I've had enough. And I'm going to go forward in whatever I have to do to deal
with that, because those people that did that are still out there. But I'm not going to
hold that against you, because you have this man as your attorney, because there are
others that might be involved with you that were part of that. That's not you. And we
have to learn to separate.
Commissioner Gabela: I understand this. So you're thinking of suing those guys
because of what happened to you. You know, so does that mean should I sue the city
for interfering in an election in 2019? Three times the city went to bat against me.
Okay, your original one, Judge Echarte said you guys moved the line on him. He
never moved from his house. That was a dirty trick by Portilla. All of you guys know
this. The whole world knows what happened to me with my house. Okay, and then to
give my house back, a benefit that I already had, because nobody's giving anything
to me. I already had that because this City of Miami, led by Ms. Victoria Mendez,
okay, although she doesn't want me to point to her, but I've got to point to her
because she is the City Attorney, okay, and she was responsible for putting those
lawsuits. And even today, I'm still facing two lawsuits to try to get me out of office.
After I won the election fair and square, after they took my house out of the district,
after 1 had to move and live in my other property in the district, and they're still at it.
Should I file a lawsuit against the City of Miami and Ms. Victoria Mendez because
what I've been put through? No, I'm not saying that. I'm not doing that. It was never
my intention when we went to Judge Echarte to file a lawsuit or seeking money. We
were just seeking justice, which we found, okay? And now what I'm trying to send a
message out there, because my constituents tell me, not because I'm inventing this,
not because I'm picking, per se, on Mr. Portilla, okay? But what I'm saying is we
have to set some kind of example, and the example is if you're going to get in
trouble, and I'm saying under illegal activities. I'm not saying that somebody, you
know, throws a frivolous lawsuit at you and we don't have the right to be defended.
That's not what I'm saying. I'm saying if fyou play by the other rules, the dark rules,
then we're not going to cover you. That's all I'm saying. But I respect, I respect what
Commissioner Reyes has to say. I respect what Commissioner Carollo has to say.
And I respect if you guys don 't want to vote for it, that's fine with me. I respect your
vote.
Commissioner Reyes: Madam Chair, just to make this clear. I also ran on the
promise that I was going to work for the people of Miami, that I was going to work
for the quality of life of the people of Miami, and I'm not going to be totally opposed
to any illegalities, any corruption, and all of that. You are not the only one that ran, I
mean, with that platform. I did too, and I have kept it. I have kept my word. But it is
not only if you do something. Sometimes you do, I mean, the minimum thing, and you
are sued. And I have here Larry Spring, which is an example of what happened to
him because of one of his decisions. And what I don't want is the Larry Springs [sic]
to be afraid to make a decision because if they are sued and somebody has it against
them, then we are not going to pay them. Article 111 says that we should, you see?
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That's the only thing that I'm saying. I mean, whatever he did wrong, he's going to
pay for it. You see? But -- but --
Commissioner Gabela: But forget about him.
Commissioner Reyes: -- but -- but --
Commissioner Gabela: Forget about him, it's for the future.
Commissioner Reyes: No, no --
Commissioner Gabela: Forget about him.
Chair King: Guys.
Commissioner Reyes: -- in the future, no.
Chair King: Okay. Okay.
Commissioner Reyes: The future is now.
Chair King: Guys.
Commissioner Gabela: No, yeah, the future is now.
Chair King: Guys. Guys. Guys. I think we've discussed this --
Commissioner Gabela: We're going in circles, yeah.
Commissioner Pardo: I just have one question.
Chair King: Question.
Commissioner Pardo: Should be quick. My only question is if by segregating this
case with Alex Diaz de la Portilla out and stopping payments on the civil cases, we
thereby -- this is binary, we automatically jeopardize all of our position when it
comes to any lawsuit. There's no way to carve out this one situation?
Ms. Mendez: There -- unfortunately, and 1 understand what you're trying to do, but
in this particular -- in these particular matters, he was acting as a commissioner, he
was sitting as a commissioner, he was doing his job, and he's being accused civilly.
Commissioner Gabela: Yeah, he's doing his job extorting other people to get his
vote. That's the job he was doing, allegedly.
Chair King: Commissioner.
Commissioner Gabela: Allegedly, is what the report reads.
Chair King: Commissioner.
Commissioner Gabela: Yes, ma'am.
Ms. Mendez: So, he is -- he is being -- he is doing his job, and then he is being
accused of doing something inappropriate while doing his job. You carving out this
particular case, I understand --
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Commissioner Pardo: As an employee benefit.
Ms. Mendez: Right, but you carving it out, any lawsuit that comes before us,
everybody is accused of doing something inappropriate.
Commissioner Pardo: Forever and ever.
Ms. Mendez: I don 't --
Commissioner Pardo: Like -- like --
Ms. Mendez: Well, you're setting a precedent, and then how do you pick and choose
which ones you're going to approve and --
Commissioner Pardo: By the Commission making that determination, like we would
be right now.
Chair King: Madam City Attorney --
Ms. Mendez: Arbitrarily.
Chair King: -- let me drill it down just a little bit more. Commissioner Diaz de la
Portilla is being sued for an action that he took as commissioner. What if the litigant
comes back and amends his complaint and sues every commissioner that voted in
favor of what he being sued for. That would include, I don't remember what the
vote was, but it has to include two more of us. He can do that. On the same -- in the
same litigation, he can come and sue any one of us for that action. He just chose to
choose -- he chose to sue one, but he should have sued -- if he has a complaint, he
should have added all of us who voted in favor. And I can tell you that I didn't do
anything wrong with my vote. My vote was not wrong. My vote was my vote.
Commissioner Gabela: But who's talking about your vote? 1 'm not talking about
your vote.
Chair King: No, but what I'm --
Commissioner Gabela: I understand.
Chair King: -- trying to say to you is if he can sue him for that action, he can sue
everyone that voted in favor or everyone that voted with him.
Commissioner Gabela: No, anybody can sue for anything. I mean, we know that.
Chair King: But my point is, take this specific case. He wasn't the only one that
voted in favor or against of whatever it is, because I don't recall the particulars. So
he could sue anyone who voted with him for the matter or against the matter. And
then based on what you're saying, we, whoever we are, should not be covered
because it had something to do with him. I'm just saying it is not -- it's not personal.
It is -- I'm, not making this choice --
Commissioner Gabela: No, no, no, it's not.
Chair King: -- because of its personal -- he happens to be persona non grata today,
but he is the variable. He could be any one of us at any time, and it could be a
firestorm on any one of us at any given time. So we had a motion and a second for
discussion. Now I would need a motion and a second, a motion and a second in favor
of RE.10. Do I have a motion?
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Commissioner Gabela: Motion.
Commissioner Pardo: Second.
Chair King: All in favor?
Commissioner Gabela: Aye.
Commissioner Pardo: Aye.
Commissioner Reyes: Nay.
Chair King: Nay.
Chair King: Motion fails.
Commissioner Gabela: Okay.
RE.11 RESOLUTION
15641
Department of
Parks and
Recreation
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ADOPTING THE "LEAVE NO TRACE" POLICY,
ATTACHED AND INCORPORATED AS EXHIBIT "A," FOR CITY OF
MIAMI OWNED WATERFRONT PARKS; DIRECTING THE CITY
MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO
IMPLEMENT THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: R-24-0108
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Damian Pardo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For additional minutes referencing Item RE.11, please see
"Public Comments for All Item(s) on the Agenda" and "End of Consent Agenda."
Chair King: RE.11. This should be An because it has two co-sponsors, myself, and
Commissioner Pardo, and this is very near and dear to us. The bay issue. I have one
question, though. When everyone was coming up to speak, they were saying remove
the receptacles from the island. And I wonder what will happen to the trash if we
don't have the receptacles, because it's not going to stop people from corning to the
island, so I don't think that's a good fix to take the trash cans away, because at least
there's some place to put the trash, because they're going to come, they're going to
visit the island, and I would at least like to have the trash can there versus just the
island get strewn with garbage.
Vice Chair Carollo: Where is this supposed to take effect?
Commissioner Reyes: (INAUDIBLE).
Chair King: Oh, three sponsors.
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Vice Chair Carollo: Where is this supposed to take effect?
Chris Evans (Director, Parks and Recreation): Upon passing.
Vice Chair Carollo: Upon passing, but where?
Mr. Evans: Yes.
Vice Chair Carollo: Where? Where?
Mr. Evans: Where? Oh, it would be at all the waterfront parks. The intent is a leave
no trace policy. Chris Evans, Parks and Recreation Director. The intent is to follow
the national standards on some of the national parks the way they don't have trash
cans out of them. We're really just targeting the islands, and it is -- we have the
ability if it doesn't work and if the trash continues to be there, we'll put the trash
cans back, but -- yes, sir.
Vice Chair Carollo: Okay, so it will be on the islands only?
Mr. Evans: Yes, sir.
Vice Chair Carollo: Okay, because I will tell you right now, in many of the parks in
my district, parks in downtown, if you don't have trash receptacles, you're going to
have a mess.
Mr. Evans: That was never on the table to remove them on our inland parks. And
essentially a lot of the neighborhood, the advocates and environmentalists, the
impact of the trash that's left there on the animals. The national standard of some of
the islands, some of our neighboring counties have this leave no trace policy as well
on their islands that are abutting the bay. Essentially it's a cultural -- try to improve
the culture, the boating culture. If they see a trash can there, even if it's full, they'll
still throw their bottles, their hags, because they know, you know, somebody from the
Parks Department will pick it up. So, the -- we've been urged and lobbied to try out
the leave no trace policy on the islands specifically.
Chair King: So what happens -- who's going to pick up the trash? Because they're
going to come and they're going to dump. What is our response to that?
Mr. Evans: We're still -- we still have a contractor that will take care of going to the
islands at least once a week. We are going to partner with the Florida Department of
Environmental Protection to have each of the islands adopted by the neighboring
community groups. We've got a nice outpouring of volunteers who've offered to go
on the islands occasionally to come pick up anything that's left behind. But I think
the intent is to improve boating culture, improve the culture that everybody knows
that they bring it in, they leave it in, they pack it out.
Chair King: Are we going to have a PSA (Public Service Announcement), an ad
campaign?
Mr. Evans: Yes. Yes. We're going to combine this with the Keep Miami Beautiful ad
campaign. We're going to work with Communications, Office of Resilience, Grants,
the Florida Inland Navigation District, a coalition of organizations that are wanting
to take part in this. So our goal, I guess, for this is to pass, and then I know
Baynanza is corning up in April to start that campaign at that time.
Commissioner Reyes: Madam Chair, only one question I have.
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Chair King: Commissioner Pardo.
Commissioner Reyes: Oh, 1 'in sorry, Pardo.
Commissioner Pardo: No, no problem. I believe this morning in the general
comments, someone from the CRC, the Climate Resilience Committee, made the offer
to kind of spearhead this work, especially with policy and will you be working
closely with that gentleman or with the committee to make sure that we're taking full
advantage of their offer?
Mr. Evans: Absolutely. We work together with the Office of Resilience and
Sustainability. I know that they are -- they're spearheading a lot of these meetings
and we're going to work with them and real estate I know that it came up a well
about the boat ramps and the marinas, how we're managing trash. So it's actually in
the policy. There will be regular meetings and, of course, we'll invite all of your
offices to take part as well.
Chair King: And can you come back to us in maybe two months and give us a report
to see how that's going? And I think Commissioner Reyes wanted to add.
Commissioner Reyes: Yes.
Mr. Evans: Absolutely,
Commissioner Reyes: I have only one question. Who is picking up the garbage at the
islands? Because I mean, I took the -- we went around them and I know that
everybody that has taken that tour have witnessed how filthy, how dirty they are and
the trash cans overflow, you see. Who is going to pick it up? Do you have a company
that is going to come regularly, on a regular basis, not one every two weeks or
something?
Mr. Evans: Yes, sir. Yes, sir.
Commissioner Reyes: Good.
Mr. Evans: The Miami -Dade County is responsible for the trash for the islands north
of the port. And we have a contractor on --
Commissioner Reyes: Okay.
Mr. Evans: -- on retainer for the one south. And we'll also be putting in our budget
request for additional contractual services to assist. We don't have access to the bay
now, the Parks Department.
Commissioner Reyes: Good. That was my only question. Okay, let's vote.
Vice Chair Carollo: All right. Call the question.
Chair King: All in favor?
Todd B. Hannon (City Clerk): Chair, is there a motion?
Chair King: What?
Mr. Hannon: A motion?
Chair King: May I have a motion?
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RE.12
15691
Commissioners
and Mayor
Commissioner Gabela: Motion.
Commissioner Pardo: Make the motion.
Chair King: Second.
Commissioner Reyes: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously. We lost our bay advocates, but --
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER, FOR
FISCAL YEAR 2024-2025 AND BEYOND, TO BUDGET,
ALLOCATE, APPROPRIATE, AND DISBURSE TO THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY ("SEOPW CRA") THE BALANCE
RETURNED TO THE CITY OF MIAMI ("CITY") PURSUANT TO THE
TERMS OF SECTION 5(E) ("SECTION 5(E) PAYMENT") OF THAT
CERTAIN 2007 INTERLOCAL AGREEMENT DATED DECEMBER
31, 2007, ATTACHED AND INCORPORATED AS EXHIBIT "B"
(2007 INTERLOCAL AGREEMENT, FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING AND RELATED INFRASTRUCTURE
WITHIN THE SEOPW CRA'S REDEVELOPMENT AREA AS
IDENTIFIED IN THAT CERTAIN 2022 AMENDMENT DATED
SEPTEMBER 21, 2022, ATTACHED AND INCORPORATED AS
EXHIBIT "C" (2022 AMENDMENT"), ALL IN COMPLIANCE WITH
THE TERMS OF THE 2007 INTERLOCAL AGREEMENT SUBJECT
TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS,
RULES, AND REGULATIONS THAT GOVERN THE USE OF SUCH
FUNDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS,
INCLUDING AGREEMENTS, MEMORANDUM OF
UNDERSTANDING, AMENDMENTS, AND MODIFICATIONS, ALL
IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE, SUBJECT TO ALL SUBJECT TO ALL APPLICABLE
FEDERAL, STATE, AND LOCAL LAWS, RULES, AND
REGULATIONS THAT GOVERN THE USE OF SUCH FUNDS;
AUTOMATICALLY RESCINDING THE AUTHORIZATION
PROVIDED HEREIN AND REQUIRING REPAYMENT TO THE CITY
SHOULD THE SEOPW CRA UTILIZE THE SECTION 5(E)
PAYMENT FOR ANY PURPOSE OTHER THAN THE
DEVELOPMENT OF AFFORDABLE HOUSING WITHIN THE
SEOPW CRA'S REDEVELOPMENT AREA AS IDENTIFIED IN THE
2022 AMENDMENT.
ENACTMENT NUMBER: R-24-0109
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MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For additional minutes referencing Item RE.12, please see
"Public Comments for Allltem(s) on the Agenda."
Chair King: RE.12 is a motion to -- is a resolution to authorize the City Manager to
put back TIF (Tax Increment Financing) money, clawback money, into the South --
Vice Chair Carollo: Clawback?
Commissioner Reyes: Into District 4, right?
Chair King: No, not into District 4.
Commissioner Reyes: I mean, I didn't know that. I didn't understand.
Chair King: Okay, let me explain. As the chairwoman of the Southeast
Overtown/Park West CRA (Community Redevelopment Agency), 1 say that all the
time because I'm so proud that I can get those alphabets out in the correct order.
For those who do not know, I an, dyslexic and it took me two years to be able to say
that.
Commissioner Pardo: Wow.
Chair King: So, for our teachers, thank you. What is happening is that there is a
clawback for projects that are in the Southeast Overtown/Park West CRA, and it is
hurting the efforts of getting affordable housing into Overtown. And I'll have our
CFO (Chief Financial Officer) further explain the item so that my colleagues who
may have questions or concerns, they can make sure we have all of the information.
Mr. CFO?
Larry Spring: Afternoon, Larry Spring, Chief Financial Officer. Commission, in
2007, as part of our negotiations in the extension of both the Overtown and the Omni
and the creation of the Midtown CRAs, we entered into an interlocal agreement with
Miami -Dade County called the Global Agreement. In that Global Agreement, there
was a provision that identified about 10 projects that were on our major use special
permit pipeline list that we had agreed at the time 45 percent of the TIF generated
from those projects, if ever built, would come back to the County and the City based
on their proration of taxation. And so that's been ongoing. When you consider --
when the City Commission considered the 2022 amendment to the Southeast
Overtown/Park West interlocal, both the City and the CRA approved basically the
rescission of that provision and then transmitted it to the County. The County, being
the presiding agency for the CRAs in Miami -Dade County, in their consideration,
removed the provision. And the, 1 guess at the time, because I was not here, City --
CRA just accepted it under the guise of just moving on. What is being requested here
is that the City portion of that clawback be given back to the CRA for the purpose of
affordable housing --
Chair King: Given back to the district from where the funds were generated.
Mr. Spring: Were generated. Commencing next fiscal year.
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Commissioner Gabela: Alright. Motion.
Commissioner Pardo: Second.
Commissioner Reyes: Hold on a second.
Chair King: Hold on. Hold on. We have a motion and a second --
Commissioner Reyes: And I -- and I --
Chair King: -- and Commissioner Reyes would like to make a comment. Has -- has
some comments.
Commissioner Reyes: Yes, I have some comments. It is the district, which is the CRA,
but if the CRA didn't exist, it would go to a general fund. I mean, that's fine. And I,
once again, I'm reminding you that I was the economist for the Overtown Park West
Redevelopment Project CRA. I really love it. It's one of my babies. But I would like
to do that -- something that I want to request from you, if it is -- if you accept that it
could be included in this ordinance, if you know, I mean, resolution. It is that those
funds, that they are going to be earmarked for affordable housing, that they are for
real affordable housing. And real affordable housing, according to the AMI (Area
Median Income) of all that area, it is not the AMI of the County, which is $74,000.
And you can charge for, I mean, that's what most of the people that come here said,
we are proffering ten apartments at 120, and 100. At 120, you can charge, you can
charge, by law, for a studio, for a studio, you can charge over $2,000. You see, I
don't know, they call it studio. In my neck of the woods, we call them efficiency,
okay? And that is for only one person. Another person moves in and they are going
to be charged more. So, what I will -- a humble request, my dear Chairwoman, is
that this will be assigned to 60 and under percent of AMI to make it real affordable
by the residents of Overtown.
Chair King: I don't have an issue with that.
Commissioner Reyes: Well, that is my only request. I agree with this. And we are in
dire need, in that area, and in every area, we are in dire need of affordable, but real
affordable, not what most of the developers ar•e telling us, that it is affordable. And it
is not affordable, you see? It is not affordable. Because $2, 000 a month.
Chair King: I know.
Commissioner Reyes: You see? It is not.
Chair King: I know.
Commissioner Reyes: For an efficiency. I mean, it is not a good deal. You are not
proffering anything. You see?
Chair King: I know.
Commissioner Reyes: We've been played. We've been played, okay.
Chair King: No, I know. Vice Chair?
Vice Chair Carollo: Larry?
Mr. Spring: Yes, sir.
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Vice Chair Carollo: How you feeling today?
Mr. Spring: Very well, actually.
Vice Chair Carollo: I don 't think I'll ask you anything.
(COMMENTS MADE OFF THE RECORD)
Vice Chair Carollo: I want to keep you feeling well.
Mr. Spring: Okay. I will.
Vice Chair Carollo: Okay.
Mr. Spring: I don 't take this stuff personally.
Vice Chair Carollo: 6 right?
Mr. Spring: 6 million.
Vice Chair Carollo: Okay. Alright, let's move on.
Chair King: I have a motion and a second. All in --
Commissioner Gabela: Motion.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: As amended.
Commissioner Reyes: As amended. 60 percent and under.
Todd B. Hannon (City Clerk): Mr. City Attorney? Madam City Attorney? So, is this -
- are we going to amend it with the request about the --
Chair King: 60 percent.
Mr. Hannon: Or is this just as is and then you come back with something else?
Chair King: No.
Arthur Noriega (City Manager): No, it's as amended.
Chair King: As amended.
Mr. Hannon: Okay. Just want to make sure.
Vice Chair Carollo: That's --
Commissioner Reyes: What happened? You're losing your touch, man. Before you
used to grab everything.
Mr. Hannon: No, no, no, I just -- there was -- just want to make sure we're all on the
same page.
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Chair King: RE.13.
Vice Chair Carollo: Just a good safeguard.
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RE.13
15693
Commissioners
and Mayor
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ALLOCATE, UPON THE FULFILLMENT BY DULCE
VIDAAPARTMENTS, LLC, A FLORIDA LIMITED LIABILITY
COMPANY ("DEVELOPER"), OF ALL OF THE TERMS AND
CONDITIONS SET FORTH IN THE COLLECTIVE MEMORANDA TO
THE CITY OF MIAMI'S ("CITY") HOUSING AND COMMERCIAL
LOAN COMMITTEE, ATTACHED AND INCORPORATED AS
COMPOSITE EXHIBIT "A" ("NOLO MEMORANDUM"); ALLOCATING
FUNDING ON A REIMBURSEMENT BASIS IN AN AMOUNT NOT
TO EXCEED FIFTEEN MILLION AND 00/100 ($15,000,000.00)
FROM THE DISTRICT 1 SHARE OF THE MIAMI FOREVER
AFFORDABLE HOUSING LIMITED AD VALOREM BOND TO
DEVELOPER, FOR THE AFFORDABLE HOUSING COMPONENTS
OF A MIXED -USE, COMMERCIAL AND RESIDENTIAL
DEVELOPMENT PROJECT TO BE CONSTRUCTED AND
LOCATED AT 1785 NW 35 STREET, TO BE KNOWN AS "DULCE
VIDAAPARTMENTS" ("PROJECT"), PROVIDED THAT THE
DEVELOPER FULFILLS ALL OF THE TERMS AND CONDITIONS
SET FORTH IN THE HCD/HCLC APPROVALS, WHICH SHALL BE
CONSISTENT WITH THE CITY COMMISSION APPROVAL; SUCH
ALLOCATION TO BE IN COMPLIANCE WITH ALL APPLICABLE
FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY LAWS, RULES,
AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS,
INCLUDING, BUT NOT LIMITED TO, THIS RESOLUTION, THE
BONDS STRATEGIES, ANY APPLICABLE INTENT TO REIMBURSE
RESOLUTION, THE HCLC MEMORANDUM, AND THE MIAMI
FOREVER BOND VALIDATION ORDER (COLLECTIVELY, "LAWS");
DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI
("CITY") TO ISSUE BOTH TAXABLE AND TAX-EXEMPT GENERAL
OBLIGATION BONDS, IN ONE OR MORE SERIES, PAYABLE
FROM AD VALOREM TAXES PROVIDED THAT THE CAPITAL
PROJECTS DEBT MILLAGE NOT EXCEED THE RATE OF 0.5935
MILLS IN ACCORDANCE WITH THE NOVEMBER 7, 2017 BOND
REFERENDUM APPROVED BY THE VOTERS IN AN INITIAL
EXPECTED NOT TO EXCEED TOTAL MAXIMUM PRINCIPAL
AMOUNT OF FIFTEEN MILLION AND 00/100 DOLLARS
($15,000,000.00) IN ORDER TO, AMONG OTHER THINGS,
REIMBURSE THE CITY FOR FUNDS ADVANCED BY THE CITY
FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO THE
PROJECT TO IMPROVE AFFORDABLE HOUSING WITHIN THE
CITY'S LIMITS; ESTABLISHING CERTAIN RELATED DEFINITIONS
OF TERMS; AUTHORIZING CERTAIN FURTHER AND INCIDENTAL
ACTIONS BY THE CITY MANAGER, DESIGNATED CITY
OFFICIALS, AND DEPARTMENTS, IN CONSULTATION WITH THE
CITYATTORNEY AND SUCH OTHER APPROPRIATE OFFICERS,
EMPLOYEES, AND AGENTS OF THE CITY AS NECESSARY, ALL
AS REQUIRED BY ALL APPLICABLE LAWS; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING
AGREEMENTS, AMENDMENTS, EXTENSIONS, AND
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MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY AND BOND COUNSEL, SUBJECT TO COMPLIANCE
WITH ALL LAWS AND SUBJECT TO THE DEVELOPER
FULFILLING ALL OF THE TERMS AND CONDITIONS SET FORTH
IN THE HCLC MEMORANDUM, IN ORDER TO ALLOCATE AN
AMOUNT NOT TO EXCEED FIFTEEN MILLION AND 00/100
DOLLARS ($15,000,000.00) FROM THE PROPOSED MIAMI
FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM
BONDS TO THE PROJECT FURTHER AUTHORIZING RELATED
AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN AS
NECESSARY.
ENACTMENT NUMBER: R-24-0119
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo
NAYS: Reyes
Commissioner Gabela: RE. 13.
Chair King: RE.13.
Commissioner Gabela: Yes, that's my -- in my district, 1'd like to move it.
Chair King: I have a motion. Do 1 have a second?
Commissioner Pardo: Second.
Chair King: I have a motion and a second.
Vice Chair Carollo: This is the --
Commissioner Reyes: This is -- this is the apartment building in --
Commissioner Gabela: The apartment building in A llapattah.
Commissioner Reyes: Yes. My dear friend Gabela, I cannot go along with this. I am
going to vote against it because they are offering apartments that they are 120
percent AMI (Area Median Income) and we had a resolution, if it is in effect, that
you cannot go once you receive -- if you receive any benefits from the City, be it
money, be it whatever it is --
Commissioner Gabela: Right.
Commissioner Reyes: -- you cannot go over 100 percent. I mean, just -- get a vote,
I'm voting against it.
Commissioner Gabela: No, I hear you. But listen, it's in my district, something is
better than nothing. I understand it's not everything that you want, but let me tell you
what it is. It's 70 studios, 1 bathroom units, 130; 1 bedroom, 1 bathroom units, 30; 2
bedrooms, 2 bathroom units. In other words, its not -- it's a whole spectrum.
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Commissioner Reyes: Sir, let me interrupt you there and I'll say, when you say it is
in my district, we don't have that kind of fiefdom here. You see, it could be if -- if
there is something in my district, 1 mean in District 4, that 1 don't agree and 1 don't
believe that it's going to help the population, the whole population, you're welcome
to interfere.
Commissioner Gabela: No, I don't want to interfere.
Commissioner Reyes: We are -- we are -- hold on a second. We are -- our title is --
our title is commissioner of the City of Miami, and listen, you don't -- I mean, you
want to do it, you do it --
Commissioner Gabela: Yeah, I want to do it.
Commissioner Reyes: -- but I am not going to vote for you.
Commissioner Gabela: I respect you, but yes, I want to do it. It's my area. I think it's
important.
Chair King: Commissioner.
Commissioner Gabela: Madam Chair?
Chair King: Commissioner, I think our CFO (Chief Financial Officer) needs to put
something on the record?
Larry Spring (Assistant City Manager/Chief Financial Officer): Just for
clarification, to address your concern, the subsidy is targeted to 170 units within the
total project. All 170 of those units are below 100 percent AMI. There's 92 at up to
60 percent AMI and then the remaining 78 up to 100. So I just want to put that on the
record.
Commissioner Reyes: You cannot divide that. And if that is the case, we are paying
about $150, 000 per unit per studio. You see, that's what I'm saying.
Commissioner Gabela: Thank you, Larry, for helping me.
Mr. Spring: 1 just --1 just want the record to reflect.
Vice Chair Carollo: Larry --
Chair King: Commissioner Pardo?
Vice Chair Carollo: -- were you trying to help him or not?
Mr. Spring: Just putting facts on the record, sir. Facts.
Commissioner Pardo: Yeah. I just want to make a point that -- and we've run into
this difference on 100 percent AMI or 120, 140. We're challenged, especially in the
urban core and other areas, because we have a lot of workforce housing supply
needed, like desperately. We're hearing that from the police, from fire, from
teachers, from the State Attorney's Office, from the Public Defender's Office, right?
So we can't just hold on to 60 and 80 and 40. We have other needs that we're not
addressing. And when we don't allow this inventory, we're actually making people
leave the city when they can't qualify. They get a promotion and their next W-2 kicks
them out.
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Commissioner Reyes: No, it doesn't. It doesn't. Let me tell you something. 1 mean,
the problem is that we call it workforce. Workforce, and everybody, every time that I
hear, no, this is for a teacher married to a police officer. You see, let me tell you,
teachers, the other day, I was talking, I mean, I was a teacher. I was a teacher. Most
of the teachers, they don 't make over $60,000. And we're talking about, I mean,
when they say most of the apartments that they are, or the units that they are offered,
they are studios. They are not, I mean, for a couple, this is for a single person. How
about, how about, the -- I mean, a single mother? How about that? We -- we are
talking about, you see, 120 AMI, it will be -- they can charge close to $25, 000 a
year. You see, it's over -- and that is Jroa studio, you see. And according to the
table, if you analyze the table, as more people come in, if it is -- I mean, that's for
one, I mean, one, a one bedroom, it will go up. It will be higher. And two bedrooms,
it will be higher. In my opinion, I'm an economist, and I had discussed this even with
the director of HUD (Department of Housing & Urban Development). You see, it is
a misnomer when we call it a, I mean, a workforce. How about the workforce in
Allapattah? How about the workforce in Liberty City? How about -- we are talking
about people that are making 80 something dollars if you go, I mean close to
$90,000, if you go to 120, you see, they can charge -- according to HUD, they can
charge only in order for the, you know, to be, for the, for people that are renting not
to be rent stressed, only 30 percent. It doesn't mean that they cannot rent it, but it
means that they have to pay more than they should be paying according to HUD.
You see, and that is -- when you are rent -- I mean, you have to pay more rent than
30 percent, that only doesn't affect you, it affects the economy also, because you
have less money to consume. You see, that is my point, and that's why I brought it
like that. You see, if you -- $22,700, it is not affordable, it is market rate, in
particularly in -- in a place like Allapattah or (FOREIGN LANGUAGE). Those are -
- I mean, more than market rate. If you can do, you want to do that and charge
whatever you want to charge, charge that amount, do it on your dime, you see?
That's my, only problem.
Commissioner Pardo: Yeah.
Commissioner Reyes: And let's vote on this and let's not argue about it.
Commissioner Pardo: No, no, no, I just wanted to add there that, you know, I was a
lender and these units, the diversity aspect is important. In no wav am I arguing
against 40 percent AMI. We do. We need affordable housing. We need 60. We need
80. All I'm saying here is we need, 1 believe, to broaden that horizon because there
are other people who aren't rich and who aren't necessarily constrained
economically with affordable housing and they need the ability to still stay in Miami
and go to the next --
Commissioner Reyes: Why don't they offer -- why don't they offer one bedroom, two
bedroom apartment at 80 percent and 90 percent AMI? That is more in line with our
workers. You know, people talk about the police officer and the teacher, but how
about a dishwasher? How about a waiter? How about the -- I mean, even in our city,
even in our city, there are a bunch of people that they're not even making $40, 000 a
year. You see? And that's what I'm saying. If we are offering benefits, $15 million
for -- I mean, to assist, $20 million to assist in building, well, we should be a little
more demanding, because you know what a studio is. You know what a studio -- I
mean, it's an efficiency. It's an efficiency. I mean, you go in Flagami and probably
you can rent an efficiency, they're asking $1, 800 for an efficiency now. Before it was
$900. But now, $1,800. But, and that is with, I mean, over $2,000 for an efficiency or
something like that. It is above market rate, and that is my point.
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Commissioner Pardo: Your point is well taken. It's just those values are different in
Flagami than in the urban core, making those numbers work. And that's the
challenge that we've been trying to face.
Commissioner Reyes: It is. It is like it is. If you are making $40,000 and the
apartment is to be, I mean, for workforce, you're making 40,000, between the couple,
you're making 75, $80,000, you see? And then you are charging more than a -- than
a -- you are charging close to 90, I mean, let's say 120 and 20, 140, you are
charging close to $100,000 if it is $140,000, or $120,000 is $80,000-something,
close to $90, 000. You see, you are stressing those people. It doesn't matter what it is.
The need, it doesn't matter if it is in Brickell --
Commissioner Pardo: For two people.
Commissioner Reyes: -- doesn't matter if it is whatever. If we are helping them, if we
are assisting, if we are giving benefits, my philosophy that we should get, you see, in
return, apartments that they are real affordable for our workforce. Our workforce
doesn't matter if they are living in Allapattah or they are living in Little Havana. If
they are not making that money, they cannot pay that without being rent stressed.
They can't -- and if you are married and you have a kid, you need at least one
bedroom, you see. And that's what I'm trying to say. That's what I'm trying to say. I
mean, it is -- that is my opinion. Call the question and that's it. That's it.
Commissioner Gabela: Well, before we call the question, here's what I'm going to
say. In a perfect world, it would be what you want. The problem is that you're
negotiating and some of these guys, they also, you know, they got to make money
also. So I understand what you're saying that we're helping them and we should get
the best benefit. Wait a minute.
Commissioner Reyes: But, but, Mr. Gabela, Mr. Gabela, I know that nobody, not
nobody goes and becomes -- and start building just for the heck, I mean, out of
charity. They have to, they have to make money. But what I'm saying is, the
difference is --
Commissioner Gabela: I heard.
Commissioner Reyes: Of charging market rate versus affordable.
Commissioner Gabela: Okay but --
Commissioner Reyes: That's, that's the only difference that I'm saying. That's the
only difference. Call the question.
Chair King: I think our Vice Chair would like to make a comment.
Vice Chair Carollo: Look, I fully understand, Commissioner Reyes, what you 're
saying. On this one, you can see how I am, Commissioner Gabela.
Commissioner Reyes: You want to get on his good side.
Vice Chair Carollo: No, I don 't need to get anybody's good side.
Commissioner Gabela: No, I think you should vote your conscience.
Vice Chair Carollo: I don't -- I don't think I need to get anybody's good side.
Because at the end of the day, you know, the only good side that there will be on will
be when I'm in Shangri-La.
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Commissioner Reyes: Okay, I've been hearing Shangri-La for the past seven years,
man. And you haven 't told me where is Shangri-La.
Vice Chair Carollo: And I'm not, so that you guys all won't have to go and mess it
up. I don't want to create Shangri-La into what you've got here. But, look, I heard
what you said, that you at least want to give something to your constituency there.
Commissioner Gabela: Something better than nothing.
Vice Chair Carollo: You have a very poor and needed area.
Commissioner Gabela: This is correct.
Vice Chair Carollo: I know at least some of the people involved in this, and they are
good builders. They also like to make their profit.
Commissioner Reyes: Everyone does.
Vice Chair Carollo: Everyone does.
Commissioner Gabela: Who doesn't?
Vice Chair Carollo: Yeah, everyone does but --
Commissioner Reyes: That's business.
Vice Chair Carollo: -- I think that at the end of the day you've got something that
can move forward now. And I don 't want to happen to you what's happened to me in
some projects. So I will go along with it and give you a third vote. You might have a
fourth, you might not.
Commissioner Gabela: Thank you.
Vice Chair Carollo: But I'll give you a third vote to go forward with this.
Commissioner Reyes: So, call the question, Madam Chair.
Chair King: I have a motion and a second. All in favor?
Commissioner Gabela: Aye.
Vice Chair Carollo: Aye.
Commissioner Pardo: Aye.
Chair King: Motion carries 4-1.
Commissioner Reyes: That's right.
END OF RESOLUTIONS
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FR - FIRST READING ORDINANCES
FR.1 ORDINANCE First Reading
15331 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2-207 OF THE
Office of Zoning
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND
ZONING DEPARTMENT/ZONING CERTIFICATE OF USE
REQUIRED; ANNUAL REINSPECTION OF BUILDINGS AND
PREMISES; FEES FOR INSPECTIONS AND ISSUANCE OF
CERTIFICATES," MORE PARTICULARLY BY AMENDING
SECTION 2-207(A) TO PROVIDE FOR A CERTIFICATE OF USE
APPLICATION FEE; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item FR.1 was continued to the April 11, 2024, City
Commission Meeting.
Note for the Record: For minutes referencing Item FR.1, please see "Order of the
Day."
FR.2 ORDINANCE First Reading
15583
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 50/ARTICLE VII OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "SHIPS,
VESSELS, AND WATERWAYS/DERELICT VESSELS," TO UPDATE
THE NOTICE REQUIREMENTS AND PROCEDURES FOR THE
REMOVAL OR RELOCATION OF DERELICT VESSELS;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For additional minutes referencing Item FR.2, please see
"End of Consent Agenda."
Chair King: At this time, Madam City Attorney, would you please read into the
record the titles of the First Reading items that are in play, FR.2, 3, 5, and 7.
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Commissioner Gabela: 2, 3.
Vice Chair Carollo: I'm sorry, what was that?
Chair King: The FR items, the First Reading items that are in play are FR.2 --
Vice Chair Carollo: FR.2.
Chair King: -- 3 --
Vice Chair Carollo: 2, 3.
Chair King: -- 5, and 7.
Vice Chair Carollo: 5 and 7.
Chair King: Could you read the titles, please?
Victoria Mendez (City, Attorney): Yes, Madam Chair. FR 2.
Vice Chair Carollo: Okay, 2.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: Then FR.3, Madam Chair, is that --
Chair King: Yes.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: I need to amend the title to say an, not and, A-N versus and.
Commissioner Pardo: I'd like to pull that one out.
Chair King: She hasn't finished reading.
Commissioner Pardo: Okay.
Chair King: But then I'll -- when she finish reading the titles, I'll ask you guys what
you want to pull.
Ms. Mendez: And then, Madam Chair, did you say FR.5 is the next one?
Chair King: Yes, it is.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: And FR.7?
Chair King: Yes.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: Thank you, Madam Chair.
Chair King: Thank you. I'm going to ask my colleagues if any of these First Reading
items you would like to pull for discussion. Mr. Vice Chair.
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Vice Chair Carollo: No.
Commissioner Gabela: I think Pardo wants to pull one.
Commissioner Pardo: Yeah, FR.3.
Chair King: Do you have any, Commissioner Gabela?
Commissioner Gabela: No, 1 don't have any.
Chair King: Okay, so, Commissioner Reyes, do you want to pull anything?
Commissioner Reyes: No, I just want to vote on it.
Chair King: Okay.
Commissioner Reyes: I move it.
Commissioner Gabela: We're doing through 7, right? 2, 3, 5, and 7.
Chair King: Yeah, 2, 3 -- well, not 3 because Commissioner --
Commissioner Gabela: No, yes, right.
Chair King: So, 2 --
Commissioner Gabela: 5 and 7.
Chair King: -- 5 and 7.
Commissioner Gabela: Okay.
Chair King: Do I have a motion?
Commissioner Gabela: Motion.
Chair King: Do 1 have a second?
Commissioner Pardo: Second.
Vice Chair Carollo: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries. Commissioner Reyes?
Commissioner Reyes: Yes.
Chair King: Motion carries unanimously.
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FR.3 ORDINANCE First Reading
15560
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 16/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"ELECTIONS/ELECTRONIC REPORTING," MORE PARTICULARLY
BY AMENDING SECTION 16-20 OF THE CITY CODE, TITLED
"ELECTRONIC REPORTING/PENALTIES," TO PROVIDE THAT
CANDIDATES WHO GIFT OR LOAN THEMSELVES AN
AGGREGATE OF FUNDS IN EXCESS OF ONE THOUSAND
DOLLARS IN ANY MUNICIPAL ELECTION BE REQUIRED TO FILE
AND "AGED FUNDS" REPORT, UNDER PENALTY OF PERJURY;
PROVIDING EXCEPTION; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING AN IMMEDIATE EFFECTIVE DATE.
MOTION TO: Adopt
RESULT: MOTION DIES FOR LACK OF SECOND
Note for the Record: For additional minutes referencing Item FR.3, please see
Item FR.2.
Chair King: FR.3, Commissioner Pardo? You would like to --
Commissioner Pardo: I would.
Vice Chair Carollo: We can leave that for the next meeting, if you 'd like.
Commissioner Pardo: No, 1 'd rather -- I'd rather just get this out.
Vice Chair Carollo: Okay.
Commissioner Pardo: With FR.3, I originally didn't understand it because I thought
it was very narrow and I really couldn't understand like how this would apply given
PACs (Political Action Committees) and everything else and personal loans and and
then several reports were brought to me. I especially didn't understand it because we
were discussing campaign finance reform globally. So I figure why aren't we talking
about this and that whole you know ecosystem of campaign finance reform and then
I received various things that I want to put into the record. And these are interviews
that Commissioner Carollo did on television. And I have a quick video, a short little
video clip --
Vice Chair Carollo: Sure.
Commissioner Pardo: -- if you could just put that, with certain assertions that I think
we really need to deal with as a body.
Audiovisual presentation started.
Commissioner Pardo: Could you put the volume up?
Audiovisual presentation continued.
Commissioner Pardo: No, go ahead. It's the last one.
Audiovisual presentation made.
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Commissioner Pardo: So, these are absolutely false claims. 1 gave $165,000 to niy
campaign. 1 don't think it is becoming of a commissioner to question anyone without
proof in the public. It's a little bit embarrassing to have a journalist kind of call out
a sitting commissioner in that way. I believe calling other sitting commissioners
lapdogs or that they have been installed by people involved in his lawsuit or by
saying that we're here to destroy the City or that we're here to destroy employees is
conduct becoming of a commissioner. And the worst part in my mind is that he is
weaponizing government by introducing this FR.1. This is only there as he just used
it in the media as just one more way of political narrative against an opponent that
he may not agree with. And I think that's -- I guess we haven't learned from the $10
million that we're paying, but you can't weaponize government in that way. We
signed an oath which states: "To my colleagues and to all of those I represent and
serve, I pledge fairness, integrity, and civility in all actions taken and all
communications made by me as a public servant." I'm not sure, Madam Chair•, if
this is the right moment or if after, but I would like to call for a censure of
Commissioner Carollo in this matter.
Vice Chair Carollo: Can I answer, Madam Chair? I'm surprised that it's taken you
weeks and weeks to answer anything that I've stated in these three programs that
came early on when you got elected after you yourself had gone to many programs
and made statements. What I've stated is very simple, Mr. Pardo. At no time did I
say that you didn 't put that money into your campaign. I don 't know. What I clearly
have stated, and I will ask you face to face here. Instead of this whole charade that
you want to do here, all you have to do, which you could have done before, I
certainly would have gone public and said, hey, these -- my hank account. This is
evidence that I put this money into my campaign. End of story. End of story. You
decided you didn 't want to do that. You decided to take other measures. Now, all of a
sudden, after weeks and weeks have gone by, you decide to bring this here that's not
in the agenda now. This is not -- a non -agenda item. Instead of dealing with it
publicly like I dealt with it. And I ask you now, do you want to show full
transparency? Because just like a lot of your allies keep saying, everybody says that
Carollo did this, Carollo did that. Well, you know what? A lot of people are saying
that you didn 't put that money into your campaign. I don't know that, but you
certainly have an opportunity to show that. Do you want to show that and be fully
transparent so that this is answered --
Commissioner Pardo: So --
Vice Chair Carollo: -- and finished with? It's up to you.
Commissioner Pardo: It was a question. I thought I had an answer.
Vice Chair Carollo: It's up to you.
Commissioner Pardo: So, first of all, Commissioner Carollo, I don't answer to you.
And you're not --
Vice Chair Carollo: Excuse me?
Commissioner Pardo: I don 't answer to you.
Vice Chair Carollo: Well, that's true.
Commissioner Pardo: Right.
Vice Chair Carollo: Absolutely, you don't answer to me.
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Commissioner Pardo: So, out of respect, you should kind of understand that and not
come forward unless you have some proof making allegations. Second thing, it is on
the agenda. And third thing, I'm bringing it up now on this --
Vice Chair Carollo: No, what's on the agenda --
Commissioner Pardo: Excuse me. I'd like to finish now. I let you finish. I'd like to
finish.
Vice Chair Carollo: Go ahead and finish.
Commissioner Pardo: And third thing is because we are talking about your cases
and we are talking about your conduct and this is an example of weaponizing
government again when we've already paid $10 million, it needs to be called out
publiciv.
Vice Chair Carollo: You haven't paid --
Commissioner Pardo: And that's why I'm doing it in this manner.
Vice Chair Carollo: Well, I don't know where you get the $10 million with. It's
obvious you don't want to show, since you're the one that has come here, talking
about transparency, you don't want to be transparency [sic] and show that you had
that money in your account for a long time. That's up to you.
Commissioner Pardo: Here are my documents that prove it, and I'll exchange it for
your letter of resignation.
Vice Chair Carollo: Well, you're not going to get that.
Commissioner Pardo: Okay, then you're not going to get that.
Vice Chair Carollo: You've tried that one time before.
Commissioner Pardo: All right.
Vice Chair Carollo: But let's go into a little more here, okay? On July 12th, prior to
July 12th you sent out an invitation that was paid for by your campaign that said join
me for a toast on my 60th birthday, Wednesday, July 12th, 6 to 8 p.m., at Ball &
Chain. Join me for an updated, transformational political campaign. This is a
political activity. Nowhere in your campaign that anything show up, either as you
paying for space, even one soda pop, or a contribution that was made to your
campaign. But beyond that, on the monies in question, the $105,000 that was the, I
believe you gave contributions in two ways. You first gave one that was 60,300 plus,
and then you gave one for 105,000. There is probable cause there, that when you
gave the 105, 000, you had spent already tens of thousands of dollars that you did not
have in your bank account.
Commissioner Pardo: Commissioner; it's false.
Vice Chair Carollo: No, no, no. Now you let me speak, sir. Okay? You started this.
I'll gladly finish it. Within two days, you wrote checks, about seven or so, maybe
more, for close to $48,000 or so, out of which some $42,000 was for something that
gave the impression that it was for either campaign walkers, for phone banking, you
know the exact wording that you put down in the campaign, and I would submit to
you that if it was phone workers, if it was campaign walkers, it would be impossible
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that in two days you had spent that kind of money because you would have needed
well over 170 people that were paid $15 an hour for 8 hours each day, 16 hours, for
you to have written those checks. Therefore, the probable cause is there to believe
that that money was spent before you had money that before -- you had monies in the
bank to have paid for that. In other words, you didn 't have the money in the bank to
have paid fbr that then. That's a probable cause. You had it once you put the
$105,000. And then it leads to ask, why would someone that is going to give their
campaign, after they gave themselves over $60,000 three and a half months before,
give themselves another $105,000 after they spent money that they didn't have in the
bank. You would have thought that they would have given the money before, because
as you all know, each dollar that is spent in a campaign that you don't have in the
bank already, it's an individual campaign violation. Furthermore, and this is
between, you know, you and whoever, I've heard that you still owe money in your
campaign. And you know, I don't know if that's true or not, but all this comes to
wondering, like I stated, wondering, I didn't accuse you that you didn't have it. I
questioned whether you did or not, whether you had that money in your campaign or
did you receive a loan or how you got it. But all you had to do, Commissioner, was
immediately say, hey, here it is. I would have done that. End of story. End of story.
Now, I don't know why you want to deal with this in this fashion today, but it's your
prerogative in dealing with it that way. But I didn't accuse you of anything there. I
was clear that I'm questioning, yes. And I'm questioning for the reasons that I stated
here. There's probable cause to question. But you and I had a fairly good
relationship before you got up here out of the blue, asking for my resignation, then
weeks later you held this little affair at Ball & Chain that's never been reported in
your campaign. So it makes me wonder, you know, like it made a lot of people
wonder.
Commissioner Pardo: I would just like to --
Chair King: Commissioner. So, I think this conversation has gone way far from this
item. You placed your videos. He had his response. I don't want us to go back and
forth on this. And this is a perfect example of what we were talking about earlier.
Anybody can say anything about anybody. I heard you say that's not true. I've heard
him say that's not true. Perfect example of whatl was trying to demonstrate with the
other. I'd like to move forward.
Commissioner Gabela: Madam Chair?
Chair King: I would like to --
Commissioner Gabela: With your permission, 1'd like to speak before you move
forward on this, because I think my name was mentioned here. And so I'd like to
speak on the subject.
Chair King: Yes. Yes, it was.
Commissioner Gabela: When you're through, of course.
Chair King: Go ahead.
Commissioner Gabela: So, two things, Carollo. If I were to do an ordinance or
resolution against you here, I would have to do -- I would have to dedicate the whole
commission meeting to you, and I don't do that. Okay? And I agree with the Chair
that at some point we have to all move on. However, however, the gentleman is
correct. You have weaponized this body, okay? And let me just point something out,
very detailed to you. You're saying that the gentleman, when you said this, he should
have said that and that would have cleared everything. I remember in my campaign
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when you and Mr. Portilla, in my campaign, said that I had kicked out one of my
tenants at 1780 Northwest 21st Terrace, which Mr. Kuehne is well aware of what
1 'm speaking of, and you accused me that that poor lady 1 had kicked her out for my
benefit so I can run from 1780 Northwest 21st Terrace, which was a complete lie.
The lady, my tenant, was in New Jersey. She didn't know what was going on. And all
of a sudden, she finds out what's going on. And she clears it up, and she made a
video not orchestrated by us, only the pure truth of what had happened, that she had
left prior to that, because she could not afford the rent down here, okay. And I had
sent that video to America TV. We had given you a letter. And did America TV stop
after that letter of the cease and desist? No. Did you stop with that? No, you
continued. So you're another one --
Vice Chair Carollo: Where -- where -- where --
Commissioner Gabela: -- okay, that I'm talking about. Let me explain. I'm talking
about, and you know full well, you and Mr. Portilla, you were representing, you were
with Rodriguez, you were pushing Rodriguez, the candidate, the lady, and Mr.
Portilla, by his side, you accused me, you wanted to dirty my name falsely, that I had
vacated, I had evicted one of my tenants, which -- and I explained what had
happened, it was completely false. And the tenant came out and made a video and
put it on the -- and gave it to America TV, put it on social media, and yet you guys
continued to play and do the mailers that, you know, that we do in political
campaigns. That was done. And yet you were shown the proof by the lady herself
saying that that was a lie, what you guys were saying about it. And yet you guys
continued. You guys continued. You had a chance to make it right. Portilla had a
chance to make it right. And that continued. Okay? My point is, okay, that look,
nobody is perfect here. However, however, you are one of the gentlemen that turns
this, you know, and man, you bought some good faith ,five minutes ago and then to
see this on TV, that I'm a lapdog dude. Who am I a lapdog to? The only lapdog that 1
am is to myself okay. Because let me tell you, in 2015, I did lend myself money in my
campaign, and I can tell you where I got that money. So to me, this here, to me it's
nothing. 1 don't care about this. And in this campaign, I can tell you where I got --
where I lent my money, all my money. I'm clean, man. And I'm sure this gentleman is
too.
Vice Chair Carollo: It wasn 't much money.
Commissioner Gabela: But the problem is that we don't --1 don't want to give you
the satisfaction that now 1 have to answer to you because you think that he did
something wrong. And now, because if that would be the case, then 1'd have ten
items for you, okay, against you, okay, and, you know?
Chair King: Guys, guys, please, let me, let me.
Vice Chair Carollo: Look, he's confused.
Chair King: Oh -- let me --
Vice Chair Carollo: I wasn't running against him.
Chair King: Commissioner. Commissioner.
Vice Chair Carollo: He keeps trying to mix me up with Diaz de la Portilla.
Commissioner Gabela: Who, me?
Chair King: Commissioner. Commissioner.
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Vice Chair Carollo: Yeah.
Chair King: Both of you.
Commissioner Gabela: You were running -- you were running the lady. Everybody
knows it.
Chair King: Commissioner.
Commissioner Gabela: Everybody knows you were running the lady.
Vice Chair Carollo: I was helping her. Absolutely.
Chair King: Commissioners.
Commissioner Gabela: Okay, then?
Vice Chair Carollo: But I wasn't with Diaz de la Portilla.
Commissioner Gabela: Well, both of you were saying the same thing about the lady.
The lady came out. The lady addressed you guys. The lady addressed the question.
The lady said stop what you're doing.
Chair King: Commissioners.
Commissioner Gabela: And you guys didn't stop. You kept on. By the way, the --
Chair King: Commissioner.
Commissioner Gabela: -- if was the lady, I'd file a lawsuit against you --
Chair King: Commissioners. Commissioners.
Commissioner Gabela: -- and America TV.
Chair King: Commissioners. I pray, I pray that this is the last time we have a
squabble over campaign elections. You won. Everybody sitting here won. Let me tell
you, when I got elected, 1 didn't come here and complain about one single thing that
happened to me during my campaign. And there was a lot of stuff that happened to
me. There was a lot of stuff that mailers, robocalls that said mean stuff about me,
and none of it was true. So what? I won, 65 percent of the vote. I won. Let it go. Let
it go, because we've just spent so much time here.
Commissioner Gabela: But he's the one introducing FR.3.
Chair King: I understand. I understand.
Commissioner Gabela: He's introducing FR.3.
Chair King: And I let you speak. I let you speak.
Commissioner Gabela: We wouldn't have been talking about this if he wouldn't
introduce FR.3.
Chair King: I let you speak. I let --
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Commissioner Gabela: We wouldn't be talking about it.
Chair King: Commissioner. Commissioner.
Commissioner Gabela: Yes, ma'am.
Chair King: I let you speak.
Commissioner Gabela: Yes, ma 'am.
Chair King: 1 let Commissioner Pardo speak. I let Commissioner Carollo speak.
Your videos, your response --
Commissioner Gabela: Yes, ma'am.
Chair King: -- your response, let this die. Let us not have another conversation
about what happened during your campaigns, what didn't happen, who did
whatever. You won. You won. We're here. Let's move forward. Let's just move
forward.
Vice Chair Carollo: You know --
Chair King: Let's vote on this item. Please let's not have more conversation about
this. I don't want to be here all night. It is the eve of my birthday.
Vice Chair Carollo: Madam --
Commissioner Gabela: Sir, did you have a motion on the floor? Do you have a
motion on the floor?
Vice Chair Carollo: Madam Chair.
Commissioner Pardo: I -- well, I asked if my motion would be now or after FR.3, for
a censure.
Vice Chair Carollo: Madam Chair, let nze say this. The only thing that I regret is
that I've laid back. I have tried to be civil here. That 1 bit my tongue many times, but
if this is the game that wants to be played, I'll gladly come back to the next meeting
with videos of. all kinds. Okay, we'll start showing videos, not just little flicks and
parts like you showed here at your convenience. And you certainly didn't get that.
It's the people that are attacking me and the City every day that I don't have the
opportunity to go and answer them. Because first of all, they won't give me the
opportunity, no matter what they say. If you're invited to a program and they won't
let you speak, that's not an opportunity. So, if this is how we want to do it from now
on, I'll be happy to do that. But, again Commissioner Pardo, if fyou had any problem
the first time that I went in a broadcast outlet to defend myself from a lot of what was
being said against me, you should have immediately said, hey, here it is. You know,
it's fine. And I would've been the first one to have said hev, it's there. But I still
stand by what I said a few minutes ago on your campaign, sir.
Commissioner Pardo: You can move on.
Chair King: Okay. Do I have a motion for FR.3?
Vice Chair Carollo: It's a motion.
Chair King: Do I have a second? Motion dies for lack of second. FR.5.
City of Miami
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Meeting Minutes March 14, 2024
FR.4 ORDINANCE First Reading
15554
Commissioners
and Mayor
FR.5
15353
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER _10/ARTICLE IV OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED H(" CITY CODE"), TITLED
"BUILDINGS/REGISTRATION OF VACANT, BLIGHTED,
UNSECURED OR ABANDONED STRUCTURES, AND OF
DEFAULTED MORTGAGE PROPERTIES" TO RENAME THIS
ARTICLE "RESERVED" AND MOVE THIS SECTION TO CHAPTER
46 OF THE CITY CODE, TITLED "PUBLIC NUISANCES,"
CREATING ARTICLE I, TITLED "NUISANCE ABATEMENT AND
NUISANCE ABATEMENT BOARD" ENCOMPASSING SECTIONS
46-1 THROUGH 46-11 AND ADDING RESERVED SECTIONS 46-12
THROUGH 46-20; CREATING ARTICLE II, TITLED "PUBLIC
NUISANCE, REGISTRATION OF VACANT, BLIGHTED,
UNSECURED OR ABANDONED STRUCTURES," CREATING
SECTIONS 46-21 THROUGH 46-40 PROVIDING FOR THE
REGISTRY PROCESS FOR SUCH PROPERTIES, ESTABLISHING
CRITERIA, FEES AND PENALTIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item FR.4, please see "Order of the
Day" and "Public Comments for All Item(s) on the Agenda."
ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 23 / ARTICLE I SECTION 23-6 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TITLED
"TRANSFER OF DEVELOPMENT RIGHTS AND DENSITY FOR
HISTORIC RESOURCES," TO ALLOW HEIGHT INCREASE FOR
PROJECTS PROVIDING A PUBLIC BENEFIT BY A PUBLIC
AGENCY, TO THE MIAMI MODERN (MIMO)/BISCAYNE
BOULEVARD HISTORIC DISTRICT COMMUNITY; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item FR.5, please see "Public
Comments for All Item(s) on the Agenda" and Item FR.2.
City of Miami
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City Commission
Meeting Minutes March 14, 2024
FR.6 ORDINANCE First Reading
15680
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 37/SECTION 2 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "OFFENSES —
MISCELLANEOUS/MALICIOUS DEFACEMENT, MARKING, ETC.,
OF REAL PROPERTY," TO PROVIDE FOR AUTHORITY OF CODE
COMPLIANCE DEPARTMENT TO MANAGE THE GRAFFITI
MITIGATION PROGRAM AND ADD OTHER REQUIREMENTS FOR
PARTICIPATION; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item FR.6 was continued to the April 11, 2024, City
Commission Meeting.
Note for the Record: For minutes referencing Item FR.6, please see "Order of the
Day."
FR.7 ORDINANCE First Reading
15687
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "BUILDINGS/REGISTRATION
OF VACANT, BLIGHTED, UNSECURED OR ABANDONED
STRUCTURES, AND OF DEFAULTED MORTGAGE PROPERTIES"
PROVIDING FOR AN AMENDED REGISTRY FEE FOR CERTAIN
STRUCTURES THAT ARE VACANT, BLIGHTED, UNSECURED OR
ABANDONED AND ARE THREE STORIES AND HIGHER;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item FR.7, please see Item FR.2.
City of Miami
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Meeting Minutes March 14, 2024
FR.8 ORDINANCE First Reading
15645
Commissioners
and Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 62/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND
ZONING/IN GENERAL," SPECIFICALLY BY ADDING SECTION 62-
2.3 OF THE CITY CODE, TITLED "ZONING IN PROGRESS;
APPLICABILITY; TEMPORARY HOLDS ON PERMITS AND
LICENSES" TO ADOPT A ZONING IN PROGRESS PROVISION;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item FR.8 was deferred to the April 25, 2024, City
Commission Meeting.
Note for the Record: For minutes referencing Item FR.8, please see "Order of the
Day."
END OF FIRST READING ORDINANCES
City of Miami
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Meeting Minutes March 14, 2024
AC.1
15649
Office of the City
Attorney
AC - ATTORNEY -CLIENT SESSIONS
ATTORNEY -CLIENT SESSION
UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE
CONDUCTED AT THE MARCH 14, 2024, MIAMI CITY
COMMISSION MEETING. THE PERSON CHAIRING THE CITY
COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION IN THE MATTERS OF GRACE, INC.;
ENGAGE MIAMI, INC.; SOUTH DADE BRANCH OF THE NAACP;
MIAMI-DADE BRANCH OF THE NAACP; CLARICE COOPER;
YANELIS VALDES; JARED JOHNSON; ALEXANDRA
CONTRERAS; AND STEVEN MIRO VS. CITY OF MIAMI, CASE
NO. 1:22-CV-24066-KMM, PENDING IN THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA,
CITY OF MIAMI VS. GRACE, INC.; ENGAGE MIAMI, INC; SOUTH
DADE BRANCH OF THE NAACP; MIAMI-DADE BRANCH OF THE
NAACP; CLARICE COOPER; YANELIS VALDES; JARED
JOHNSON; AND ALEXANDRA CONTRERAS, CASE NO. 23-12472,
PENDING IN THE UNITED STATES COURT OF APPEALS FOR
THE ELEVENTH CIRCUIT, AND AMERICAN CIVIL LIBERTIES,
UNION OF FLORIDA, INC. VS. CITY OF MIAMI, CASE NO. 2023-
023038-CA-01, CURRENTLY PENDING IN THE CIRCUIT COURT
OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A
PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED
TO SETTLEMENT NEGOTIATIONS OR STRATEGY
DISCUSSIONS. THIS PRIVATE MEETING WILL BEGIN AT
APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS
THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE
APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE
ATTENDED BY THE MEMBERS OF THE CITY COMMISSION,
WHICH INCLUDE CHAIR CHRISTINE KING, VICE-CHAIRMAN JOE
CAROLLO, COMMISSIONERS MIGUEL ANGEL GABELA,
MANOLO REYES, AND DAMIAN PARDO; THE CITY MANAGER,
ARTHUR NORIEGA, V, THE CITY ATTORNEY, VICTORIA
MENDEZ; CHIEF DEPUTY CITY ATTORNEY JOHN A. GRECO;
DEPUTY CITY ATTORNEYS GEORGE K. WYSONG AND KEVIN R.
JONES; OUTSIDE COUNSEL CHRISTOPHER N. JOHNSON AND
GEORGE T. LEVESQUE. A CERTIFIED COURT REPORTER WILL
BE PRESENT TO ENSURE THAT THIS SESSION IS FULLY
TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC
UPON THE CONCLUSION OF THE LITIGATION. AT THE
CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE
REGULAR COMMISSION MEETING WILL BE REOPENED AND
THE PERSON CHAIRING THE COMMISSION MEETING WILL
ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT
SESSION.
RESULT: DISCUSSED
Victoria Mendez (City Attorney): Madam Chair, now I'm -- am 1 reading the first
shade session?
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Meeting Minutes March 14, 2024
Chair King: Let's get to it, and I don't want it lasting no forever either.
Ms. Mendez: On February 22nd, 2024, under the provisions of Section 286.0118,
Florida Statutes, I requested that this City Commission meet in private to discuss
pending litigation in the cases of GRACE (Grove Rights and Community Equity),
Inc., Engage Miami, Inc., South Dade Branch of the NAACP (National Association
for the Advancement of Colored People), Miami -Dade Branch of the NAACP,
Clarice Cooper, Jared Johnson, Yanelis Valdes, Alexandra Contreras, and Steven
Miro versus City of Miami, Case Number 1:22-CV-24066-KMM, pending in the
United States District Court for the South District of Florida; City of Miami versus
GRACE, Inc., Engage Miami, Inc., South Dade Branch of the NAACP, Miami -Dade
Branch of the NAACP, Clarice Cooper, Jared Johnson, Yanelis Valdes, and
Alexandra Contreras, Case Number 23-12472, pending in the United States Court of
Appeals for the 11 th Circuit; and American Civil Liberties Union of Florida Inc.
versus City of Miami, Case Number 2023-023038-CA-01, currently pending in the
Circuit Court of the 11 th Judicial Circuit, in and for Miami -Dade County, Florida,
to which the City is presently a party. The City Commission approved my request
and will now, at approximately 6:47 p.m., commence a private attorney -client
session under the parameters of Section 286.0118, Florida Statutes. The subject of
the meeting will be confined to settlement negotiations or strategy sessions related to
litigation expenditures. This private meeting will conclude approximately one hour
later. The session will be attended by members of the City Commission, which
include: Chairwoman Christine King, Vice Chairman Carollo, Commissioners
Miguel Angel Gabela, Damian Pardo, and Manolo Reyes, the City Manager Arthur
Noriega, myself,' the City Attorney Victoria Mendez, Chief Deputy City Attorney John
Greco, Deputy City Attorneys George Wysong and Kevin Jones, outside counsel
Christopher Johnson and George Levesque. A certified court reporter will be present
to ensure that the session is fully transcribed and the transcript will be made public
upon the conclusion of the above cited ongoing litigation. At the conclusion of the
attorney -client session, the regular City Commission meeting will be reopened and
the person chairing the Commission will announce the termination of the attorney -
client session. Thank you.
Chair King: Thank you. The meeting is now in recess for what she just said.
City of Miami
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Meeting Minutes March 14, 2024
AC.2
15660
Office of the City
Attorney
ATTORNEY -CLIENT SESSION
UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE
CONDUCTED AT THE MARCH 14, 2024 MIAMI CITY COMMISSION
MEETING. THE PERSON CHAIRING THE CITY COMMISSION
MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN
ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR
PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE
MATTERS OF THE MAD ROOM LLC D/B/A BALL AND CHAIN,
ALTOS MEXICANO, LLC D/B/A TAQUERIAS EL MEXICANO,
LITTLE HAVANA ARTS BUILDING, LLC, AND LA GRAN FIESTA,
LLC VS. CITY OF MIAMI, CASE NO. 21-CV-23485-RKA, PENDING
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF FLORIDA; TOWER HOTEL, LLC, A FLORIDA
LIMITED LIABILITY COMPANY, PIEDRA VILLAS, LLC, A FLORIDA
LIMITED LIABILITY COMPANY, BEATSTIK, LLC, A FLORIDA
LIMITED LIABILITY COMPANY, EL SHOPPING, LLC, A FLORIDA
LIMITED LIABILITY COMPANY, AND YO AMO CALLE SIETE, LLC,
A FLORIDA LIMITED LIABILITY COMPANY VS. CITY OF MIAMI,
CASE NO. 2022-008069-CA-44, PENDING IN THE CIRCUIT COURT
OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE
COUNTY, FLORIDA; AND TOWER HOTEL, LLC, A FLORIDA
LIMITED LIABILITY COMPANY, PIEDRA VILLAS, LLC, A FLORIDA
LIMITED LIABILITY COMPANY, BEATSTIK, LLC, A FLORIDA
LIMITED LIABILITY COMPANY EL SHOPPING, LLC, A FLORIDA
LIMITED LIABILITY COMPANY, AND YO AMO CALLE SIETE, LLC,
A FLORIDA LIMITED LIABILITY COMPANY VS. CITY OF MIAMI,
CASE NO. 3D23-285, PENDING IN THE DISTRICT COURT OF
APPEAL OF THE STATE OF FLORIDA, THIRD DISTRICT, TO
WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF
THE MEETING WILL BE CONFINED TO SETTLEMENT
NEGOTIATIONS OR STRATEGY DISCUSSIONS. THIS PRIVATE
MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS
SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES
PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER.
THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE
CITY COMMISSION, WHICH INCLUDE CHAIR CHRISTINE KING,
VICE-CHAIRMAN JOE CAROLLO, COMMISSIONERS MIGUEL
ANGEL GABELA, MANOLO REYES, AND DAMIAN PARDO; THE
CITY MANAGER, ARTHUR NORIEGA, V; THE CITY ATTORNEY,
VICTORIA MENDEZ; CHIEF DEPUTY CITY ATTORNEY JOHN A.
GRECO; DEPUTY CITY ATTORNEYS KEVIN R. JONES AND
GEORGE K. WYSONG; DIVISION CHIEF RACHEL DOOLEY; AND
CITY'S OUTSIDE COUNSEL RAQUEL A. RODRIGUEZ, ESQ. AND
MICHAEL E. DUTKO, ESQ. A CERTIFIED COURT REPORTER
WILL BE PRESENT TO ENSURE THAT THIS SESSION IS FULLY
TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC
UPON THE CONCLUSION OF THE LITIGATION. AT THE
CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE
REGULAR COMMISSION MEETING WILL BE REOPENED AND
THE PERSON CHAIRING THE COMMISSION MEETING WILL
ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT
SESSION.
RESULT: DISCUSSED
City of Miami
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Meeting Minutes March 14, 2024
AC.3
15668
Outside Counsel
George Wysong (Deputy Attorney): Now 1 have the script for the
commencement of today's attorney -client Session. On February, 22nd,
2024, under the provisions of Section 286.011, (8), Florida Statutes, City
Attorney Victoria Mendez requested that this City Commission meet in
private to discuss pending litigation in the cases of the Madroorn LLC
(Limited Liability Company), d/b/a Ball & Chain, Altos Mexicano LLC,
d/b/a Taquerias El Mexicano, Little Havana Arts Building LLC, and La
Gran Fiesta LLC versus City of Miami, Case Number 21-CV-23485-RKA,
pending in the United States District Court for the Southern District of
Florida; Tower Hotel LLC, a Florida Limited Liability Company, Piedra
Villas LLC, a Florida Limited Liability Company, Beatstik LLC, a Florida
Limited Liability Company, El Shopping LLC, a Florida Limited Liability
Company, and Yo Arno Calle Siete LLC, a Florida Limited Liability
Company versus City of Miami, Case Number 2022-008069-CA-44,
pending in the Circuit Court of the 11 th Judicial Circuit in and for Miami -
Dade County; and Tower Hotel LLC, a Florida Limited Liability Company,
Piedra Villas LLC, a Florida Limited Liability Company, Beatstik LLC, a
Florida Limited Liability Company, El Shopping LLC, a Florida Limited
Liability Company, and Yo Amo Calle Siete LLC, a Florida Limited
Liability Company versus City of Miami, Case Number 3D23-285, pending
in the District Court of Appeals of the State of Florida, 3rd District, to
which the City is presently a party. The City Commission approved my
request and will now, at approximately 8:10, commence a private attorney -
client session under the parameters of Section 286.011(8), Florida
Statutes. The subject of the meeting will be confined to settlement
negotiations or strategy sessions related to litigation expenditures. This
private meeting will conclude approximately one hour later. The session
will be attended by members of the City Commission, which include: Chair
Christine King, Commissioners Miguel Angel Gabela, Damian Pardo,
Manolo Reyes, the Chief Deputy City Attorney John A. Greco, Deputy City
Attorney Kevin R. Jones and Deputy City Attorney George K. Wysong, and
City'.s outside counsel, Raquel A. Rodriguez, Esquire and Michael E.
Dutko, Esquire. A certified court reporter will he present to ensure that the
session is fully transcribed and the transcript will be made public upon the
conclusion of the above cited ongoing litigation. At the conclusion of the
attorney -client session, the regular Commission meeting will be reopened
and the person chairing the committee meeting will announce the
termination of the attorney -client session.
Chair King: City Commission meeting is now in recess for the attorney -
client session.
ATTORNEY -CLIENT SESSION
UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE
CONDUCTED AT THE MARCH 14, 2024 MIAMI CITY
COMMISSION MEETING. THE PERSON CHAIRING THE CITY
COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION IN THE MATTER OF WILLIAM O.
FULLER, MARTIN PINILLA, II, THE BARLINGTON GROUP, LLC,
CALLE OCHO MARKETPLACE, LLC, YO AMO CALLE SIETE, LLC,
LITTLE HAVANA ARTS BUILDING, LLC, LITTLE HAVANA ARTS
City of Miami
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Meeting Minutes March 14, 2024
BUILDING TOO, LLC, TOWER HOTEL, LLC, BRICKELL STATION,
LLC, PIEDRA VILLAS, LLC, FUTURAMA, LLC, EL SHOPPING, LLC,
BEATSTIK, LLC, VIERNES CULTURALES/CULTURAL FRIDAYS,
INC., LITTLE HAVANA BUNGALOWS, LLC, LHAB TRES, LLC, AND
LA GRAN FIESTA, LLC VS. CITY OF MIAMI, JOE CAROLLO, IN
HIS INDIVIDUAL CAPACITY, ARTHUR NORIEGA, IN HIS
INDIVIDUAL CAPACITY, VICTORIA MENDEZ, IN HER INDIVIDUAL
CAPACITY, RACHEL DOOLEY, IN HER INDIVIDUAL CAPACITY,
ASAEL MARRERO, IN HIS INDIVIDUAL CAPACITY, DANIEL S.
GOLDBERG, IN HIS INDIVIDUAL CAPACITY, WILLIAM ORTIZ, IN
HIS INDIVIDUAL CAPACITY, LUIS TORRES, IN HIS INDIVIDUAL
CAPACITY, ADRIAN PLASENCIA, IN HIS INDIVIDUAL CAPACITY,
RENE DIAZ, IN HIS INDIVIDUAL CAPACITY, IVONNE BAYONA, IN
HER INDIVIDUAL CAPACITY, JOHN DOES 1-20, CASE NO. 23-CV-
24251-RAR, PENDING IN THE UNITED STATES DISTRICT
COURT, SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE
CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING
WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR
STRATEGY SESSIONS RELATED TO LITIGATION
EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT
APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS
THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE
APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE
ATTENDED BY THE MEMBERS OF THE CITY COMMISSION,
WHICH INCLUDE CHAIR CHRISTINE KING, COMMISSIONERS
MIGUEL ANGEL GABELA, DAMIAN PARDO, AND MANOLO
REYES; THE CHIEF FINANCIAL OFFICER, LARRY M. SPRING,
JR.; CHIEF DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY
CITY ATTORNEYS KEVIN R. JONES AND GEORGE K. WYSONG;
AND CITY'S OUTSIDE COUNSEL RAQUEL A. RODRIGUEZ, ESQ.,
MICHAEL E. DUTKO, ESQ. A CERTIFIED COURT REPORTER
WILL BE PRESENT TO ENSURE THAT THIS SESSION IS FULLY
TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC
UPON THE CONCLUSION OF THE LITIGATION. AT THE
CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE
REGULAR COMMISSION MEETING WILL BE REOPENED AND
THE PERSON CHAIRING THE COMMISSION MEETING WILL
ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT
SESSION.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Gabela, Pardo
ABSENT: Carollo, Reyes
Chair King: Welcome back to the City of Miami Commission meeting for March
14th, 2024.
Commissioner Gabela: We need one more.
Chair King: Commission is back in session. Mr. City Clerk, do we need a quorum?
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Meeting Minutes March 14, 2024
Todd B. Hannon (City Clerk): If we're going to conduct business, yes. 1 think we
need to withdraw AC (Attorney Client) -- Agenda Item AC.3. And if we're going to --
remember, all the discussion items were continued, so if we're going to reconsider
any actions taken on that continuance, we'll need a quorum.
Unidentified Speaker: You have a quorum.
Chair King: I have a quorum.
George Wysong (Deputy City Attorney): Yes. We'd like to withdraw Attorney -Client
3.
Chair King: May I have a motion?
Commissioner Gabela: Motion.
Chair King: I have a motion; may I have a second?
Commissioner Pardo: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
END OF ATTORNEY -CLIENT SESSIONS
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Meeting Minutes March 14, 2024
BC.1
8938
Office of the City
Clerk
BC.2
14754
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 Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
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:
NOMINATED BY:
Mayor Francis Suarez
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
City of Miami
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Meeting Minutes March 14, 2024
BC.3
6672
Office of the City
Clerk
BC.4
15576
Office of the City
Clerk
RESULT: NO ACTION TAKEN
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 Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
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:
Steven Smith Commissioner Damian Pardo
ENACTMENT NUMBER: R-24-0111
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Commissioner Reyes: Let's move on. FR.5.
Chair King: We -- actually, we finished all the first reading items.
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Meeting Minutes March 14, 2024
BC.5
15417
Office of the City
Clerk
Commissioner Reyes: That's right, all of them.
Chair King: We are now on the boards.
Commissioner Reyes: That's right, boards.
Todd B. Hannon (City Clerk): Thank you, Chair. BC.4, Bayfront Park Management
Trust. Commissioner Pardo will be appointing Steven Smith.
Chair King: Do I have a motion?
Commissioner Reyes: Move it.
Chair King: I have a second.
Commissioner Pardo: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Vice Chair Carollo: He's got a right to name whoever he wants.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commission -At -Large
City of Miami
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Meeting Minutes March 14, 2024
BC.6
6958
Office of the City
Clerk
BC.7
15577
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 Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
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:
Rick Madan Commission -At -Large
ENACTMENT NUMBER: R-24-0112
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For additional minutes referencing Item BC.7, please see
"Public Comments for All Item(s) on the Agenda."
Todd B. Hannon (City Clerk): BC.7, Code Enforcement Board. Commissioner Pardo
will be appointing Rick Madan to a vacant at -large seat.
Vice Chair Carollo: Move.
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15122
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BC.9
14041
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Commissioner Reyes: Second.
Chair King: Second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT
ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Commission -At -Large
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN
AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Mayor Francis Suarez
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
Commission -At -Large
Commission -At -Large
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15420
Office of the City
Clerk
RESULT: NO ACTION TAKEN
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 Damian Pardo
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Christine King
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5976
Office of the City
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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 Miguel Angel Gabela
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Christine King
Commissioner Christine King
IAFF
FOP
AFSCME 1907
AFSCME 871
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15097
Office of the City
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BC.13
7963
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
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 Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
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15578
Office of the City
Clerk
BC.15
15579
Office of the City
Clerk
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER,
QUEER ("LGBTQ") ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Ariel Trueba Commissioner Manolo Reyes
ENACTMENT NUMBER: R-24-0113
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Todd B. Hannon (City Clerk): BC.14, LGBTQ (Lesbian, Gay, Bisexual, Transgender,
Queer) Advisory Board. Commissioner Reyes will he reappointing Ariel Trueba.
Vice Chair Carollo: Move.
Chair King: Second.
Commissioner Reyes: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE LITTLE HAITI REVITALIZATION TRUST FOR A
TERM AS DESIGNATED HEREIN.
APPOINTEE:
Alisa Cepeda
ENACTMENT NUMBER: R-24-0114
NOMINATED BY:
City Manager Arthur Noriega, V
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Todd B. Hannon (City Clerk): BC.15, Little Haiti Revitalization Trust. City Manager
Noriega will be reappointing Alisa Cepeda.
Vice Chair Carollo: Move.
Commissioner Reyes: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL
COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
Commission -At -Large
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RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE MIAMI FOREVER BOND PROGRAM CITIZENS'
OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
Ralph Rosado
ENACTMENT NUMBER: R-24-0115
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
NOMINATED BY:
Commissioner Manolo Reyes
Note for the Record: A motion was made by Vice Chair Carollo, seconded by
Commissioner Reyes, and was passed unanimously, to appoint Ralph Rosado as a
member of the Miami Forever Bond Program Citizens' Oversight Board; further
waiving the employment prohibition contained in Section 2-884(e) of the Code of
the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the
City Commission, as said requirement relates to the appointment of Ralph Rosado
as a member of the Miami Forever Bond Program Citizens' Oversight Board.
Todd B. Hannon (City Clerk): BC.17, Miami Forever Bond Program Citizens'
Oversight Board. Commissioner Reyes will be reappointing Ralph Rosado with a
four -fifths employment waiver.
Vice Chair Carollo: Move.
Commissioner Reyes: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
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Office of the City
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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:
Mayor Francis Suarez
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Christine King
Commission -At -Large
Commission -At -Large
Commission -At -Large
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15422
Office of the City
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RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD
FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
RESULT: NO ACTION TAKEN
NOMINATED BY:
Mayor Francis Suarez
Mayor Francis Suarez
Commissioner Miguel Angel Gabela
Commissioner Damian Pardo
Commissioner Damian Pardo
Commissioner Joe Carollo
Commissioner Manolo Reyes
Commissioner Manolo Reyes
Commissioner Christine King
Commissioner Christine King
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Office of the City
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BC.21
11273
Office of the City
Clerk
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
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD
(UDRB) FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE:
Agustin Barrera
ENACTMENT NUMBER: R-24-0116
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
NOMINATED BY:
Commissioner Manolo Reyes
Note for the Record: A motion was made by Commissioner Reyes, seconded by
Vice Chair Carollo, and was passed unanimously to appoint Agustin Barrera as a
member of the Urban Development Review Board, further waiving the residency
requirements contained in Section 2-884(a) of the Code of the City of Miami, as
amended, by a four/fifths (4/5ths) vote of the members of the City Commission, as
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said requirement relates to the appointment of Agustin Barrera as a member of the
Urban Development Review Board.
Todd B. Hannon (City Clerk): BC.21, Urban Development Review Board.
Commissioner Reyes will be reappointing Agustin Barrera with a four -fifths
residency waiver.
Commissioner Reyes: Move.
Vice Chair Carollo: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN
INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM
AS DESIGNATED HEREIN.
APPOINTEE:
Jacqui Colyer
ENACTMENT NUMBER: R-24-0117
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
NOMINATED BY:
Commissioner Damian Pardo
Todd B. Hannon (City Clerk): BC.22, Virginia Key Advisory Board. Commissioner
Pardo will be appointing Jacqui Colyer to his vacant seat.
Vice Chair Carollo: Move.
Commissioner Reyes: Second.
Commissioner Pardo: Second.
Chair King: All in favor?
The Commission (Collectively): Aye.
Mr. Hannon: That concludes the boards and committees. Thank you, Chair.
Commissioner Reyes: Thank you.
Vice Chair Carollo: Chairwoman? Basically, what we got left are PZ (Planning and
Zoning) items, correct?
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Chair King: Discussion items and PZ items.
Victoria Mendez (City Attorney: And the shade meetings.
Arthur Noriega (City Manager): Shade meetings.
Chair King: And the shade meeting. I was -- I can --
Vice Chair Carollo: What time will the shade meeting begin?
Chair King: I was going to ask if you want to take up the PZ items or if you want to
go into the shade room meetings now. Which one?
Commissioner Gabela: I'd go into the shade meeting now.
Commissioner Reyes: I don't have any problems --
Vice Chair Carollo: Would rather go to the shade meeting. I have a problem. We
have out of the country dignitaries that are here. The Mayor is not available and I'm
supposed to go and give them the welcoming to the city. We have ambassadors, the
admiral of foreign allies navy, et cetera. So I'm trying to see how I can make it. So
I'd rather do the shade meeting now, and then ifI could step out quickly and I'll get
back as quickly as I can.
Chair King: Do we want to defer the PZ items in going to the shade room meetings?
Commissioner Reyes: Fine with me. You can pass all of them. I don't have anything
against them.
Commissioner Gabela: Okay.
Chair King: Just a question.
END OF BOARDS AND COMMITTEES
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DI - DISCUSSION ITEMS
DI.1 DISCUSSION ITEM
15349 A DISCUSSION OF THE MIAMI CITY COMMISSION REGARDING
City Manager's ANNUAL BOARD REPORTS.
Office
DI.2
14207
City Manager's
Office
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Damian Pardo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Gabela, Pardo, Reyes
ABSENT: Carollo
Note for the Record: Item DL1 was continued to the April 11, 2024, City
Commission Meeting.
Chair King: The City of Miami Commission meeting is now back in session. I'm
going to ask my colleagues, there are discussion items remaining on our agenda.
Would you like to defer the discussion items to the next Commission meeting?
Commissioner Pardo: So moved, yeah.
Chair King: So 1-- may 1 have a motion?
Commissioner Gabela: Motion, second.
Chair King: I have a motion and a second to defer -- to defer the discussion items to
the April 11 th Commission meeting. All in favor?
The Commission (Collectively): Aye.
Todd B. Hannon (City Clerk): That'll be all discussion items except DI.7, which was
already continued to April 11.
DISCUSSION ITEM
A DISCUSSION ITEM TO REVIEW EDUCATIONAL USES
ORDINANCE PASSED ON JUNE 22, 2023.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Damian Pardo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Gabela, Pardo, Reyes
ABSENT: Carollo
Note for the Record: Item DL2 was continued to the April 11, 2024, City
Commission Meeting.
Note for the Record: For minutes referencing Item DL2, please see Item DL1.
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DI.3 DISCUSSION ITEM
15650
City Manager's
Office &
Department of
Procurement
A DISCUSSION ITEM REGARDING THE CHARTER REVIEW
PROCESS.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Damian Pardo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Gabela, Pardo, Reyes
ABSENT: Carollo
Note for the Record: Item DL3 was continued to the April 11, 2024, City
Commission Meeting.
Note for the Record: For minutes referencing Item DL3, please see Item DL1.
DI.4 DISCUSSION ITEM
15513
Climate Resilience
Committee
A DISCUSSION ITEM FOR THE CITY COMMISSION REGARDING
RESOLUTION FROM THE CLIMATE RESILIENCE COMMITTEE
RECOMMENDING: LEAF BLOWERS RESOLUTION - A
RESOLUTION OF THE MIAMI CLIMATE RESILIENCE COMMITTEE
RECOMMENDING TO THE MIAMI CITY COMMISSION TO DIRECT
THE CITY MANAGER TO TRANSITION TO NON -GAS POWERED
LEAF BLOWERS FOR ALL CITY LANDSCAPE MAINTENANCE
OPERATIONS, TO REQUEST ALL CURRENT CITY LANDSCAPE
MAINTENANCE CONTRACTORS TO VOLUNTARILY COMPLY FOR
THE DURATION OF THEIR CONTRACTS, TO REQUIRE NON -GAS
POWERED LEAF BLOWERS IN ALL FUTURE BIDS FOR CITY
LANDSCAPE MAINTENANCE WORK, TO ISSUE A POLICY WITH A
TRANSITION PERIOD TO PROHIBIT THE USE OF GAS POWERED
LEAF BLOWERS WITHIN THE CITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Damian Pardo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Gabela, Pardo, Reyes
ABSENT: Carollo
Note for the Record: Item DL4 was continued to the April 11, 2024, City
Commission Meeting.
Note for the Record: For minutes referencing Item DL4, please see "Public
Comments for All Item(s) on the Agenda" and Item DL1.
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DI.5 DISCUSSION ITEM
15675 A DISCUSSION ITEM REGARDING MANAGER'S PRESENTATION /
City Manager's FURNITURE VENDORS.
Office
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Damian Pardo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Gabela, Pardo, Reyes
ABSENT: Carollo
Note for the Record: Item DI.5 was continued to the April 11, 2024, City
Commission Meeting.
Note for the Record: For additional minutes referencing Item DL5, please see
"Public Comments for All Item(s) on the Agenda" and Item DLl.
Chair King: Is there any --
Commissioner Pardo: But 1 would like to direct staffto make sure that we do get --1
think that's corning back, right? The D1.3, the attorney --
George Wysong (Deputy City Attorney): Yeah, at a suitable time. We'll have to read
another script for whenever it comes back.
Commissioner Pardo: Okay.
Mr. Wysong: So, we'll let you know.
Commissioner Pardo: Okay.
Mr. Wysong: I think the Chair already indicated that the attorney -client session
terminated, and they reopened the City Commission.
Chair King: Yes. And I understand that the City Manager would like to make his
report. What is the will of my colleagues?
Commissioner Pardo: Can we defer?
Chair King: Commissioner?
Commissioner Gabela: I think we should. It's late in the evening. People should be
here. Although I understand the City Manager wants to present.
Arthur Noriega (City Manager): So, for the record, so that we can sort of lay it all
on the table, I'm not waiting another month to make the presentation. I'm not going
to sit here and be subjected to the kind of stuff that was said today, by the way, which
half of it was lies made up and fabricated. So here's what 1 propose we do. 1'll
distribute the report. 1'll meet with each of you individually. You can grill me to no
end. I will release the report to the media so that, you know, there is a fill disclosure
of what happened and what transpired. But this has been a little arduous, to kind of
wait and wait and wait. And in all fairness, I'm just getting hit with, you know, really
a lot of misinformation, a lot of allegations that are completely untrue. So, I'll
distribute the report. I'll put a narrative to it as part of the distribution. And I'm
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happy to meet with each of you individually, and you can pepper me all you want
with whatever questions you want.
Commissioner Pardo: But just -- I just wanted to add to that, Mr. Manager. I know
it's -- I know it's very disagreeable, I know it's super difficult, but I think it's also an
opportunity to face those people and directly address your positions to them in a
public setting.
Mr. Noriega: If they were credible, I would say yes, by the way. But here's the
problem, right? This thing has been lingering now for a couple of months, more than
a couple of months. They're the only two that show up every time the issue, you
know, is pressed, right? There's no public outcry, there's no public sentiment. It's
the two of them, and that's it. And it's pretty consistent.
Chair King: And one right here.
Mr. Noriega: But pretty consistent. Yeah, but he didn't comment this time. So in the
end, I'll meet with them individually. I'll sit with Billy Corben across the table and
I'll present everything to him. I have no issue with that at all, by the way. Billy
Corben, to me, is someone that, you know, clearly has a lot of followers and a lot of
people that are interested in what he says. I'm happy to give him the information.
I'm happy to sit with him. I'll answer whatever questions he has. I have a long
history with Billy Corben. So I'm not hiding from it, and I won 't run from it. And I'm
happy to do it. I'm just not going to do -- I'm not going to wait another month to
make a presentation. I will disseminate the information, I'll get it all out there.
Chair King: I think that's fair.
Mr. Noriega: And I will meet with whoever wants to meet.
Chair King: I think that's fair.
Commissioner Reyes: Okay, but -- but Mr. City Manager; it's not only them two that
come here. You see, if you listen to the Hispanic radio, they have been -- this has
been blown out of proportion. And I think for the benefit of the City, for your own
benefit, we have to clear the air.
Mr. Noriega: 1 will.
Commissioner Reyes: We have to clear the air.
Mr. Noriega: And I will be happy to. I'm happy to disseminate the information with
everybody that wants it. I'm happy to do it.
Chair King: I think what the Manager said is fair. He said he will give us the report,
he will disseminate the report to the media, he will meet with each one of us, and he
will speak to whoever. If after you receive the report, you have questions and you
want to ask him something publiciv, that's fine. But I think that he should be able to -
Commissioner Reyes: That's fair.
Chair King: -- and again, this is another example of --
Commissioner Reyes: Give me the report. I'm, going home.
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Chair King: -- he's feeling like people are saying that -- saying things that are not
true, and he wants to clear the air. He wants to submit the report that he's done. Let
him submit. Submit the report. Send it to us. Send it to whoever.
Commissioner Gabela: Guys, guys, guys.
Chair King: Wait, wait, wait.
Commissioner Gabela: I don 't know. I don 't know.
Chair King: City Clerk is here -- the City Clerk is here, hold on a second. What?
Commissioner Gabela?
Commissioner Gabela: Look, as for me, I would rather that the next meeting, the
City Manager, with all due respect, says it in public, okay, I understand where he's
coming from, but also, remember, Art, we asked you for this a while back, you know,
like a month and a half back, and you came into my office and I said, you know,
there needs to be an explanation, you know, I can't, you know, ignore this, you know
what I mean, because like Manolo says, people are asking about it and we need to
clear the air, so we know that -- so people know that we're doing our jobs. I think it
would be imperative upon you to give it in front of the people. It's not the same that
you come to me and you show me and you know what, I might believe you and I
believe you, but it ain 't the same thing. I would urge you please to reconsider. You
know, it's only, you know, three weeks away, a month away. There's an audience.
You tell them and that's that. And then we, you know, we do what we've got to do,
but I think that's important.
Chair King: No, I disagree, because -- and I've heard, I hear how you feel when
someone is saying something that is not true about you. I hear you are extremely
passionate. Disseminating the report --
Commissioner Gabela: Yeah, hut 1 defend myself. He can defend himself.
Chair King: So he -- but in defending himself giving us the report, submitting the
report because he said he would do it, giving it to the media, giving it to the
bloggers, giving it to whoever. That doesn 't mean that we can't ask him questions at
our next Commission meeting after you've gotten your report. But at least then he
has gotten this off of his chest. And he hasn't been able to do that.
Commissioner Gabela: This is not for him to get off his chest. This is for the people.
For the people that know that he's doing correct. This is not the other way around.
Chair King: I am not saying that --
Commissioner Gabela: We are here to serve the people.
Chair King: I'm not saying that the people --
Commissioner Gabela: This is not the other way around.
Chair King: I'm not saying that the people --
Commissioner Gabela: This is not -- the people don't have a problem with him and
they didn't do anything to him.
Chair King: You see what I'm saying, Commissioner? When I'm trying to make a
point --
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Commissioner Gabela: Yes, I know, you're making the point but 1 don't agree with
it.
Chair King: But not agreeing with me doesn't give you the right to interrupt me.
Commissioner Gabela: Correct.
Chair King: And that is what I'm saying. Everyone is passionate about whatever.
When somebody is saying something that you don't like, you jump all over the place.
I'm saying that this man has a right to defend himself and his family as well. He
wants to give us the report, let him give us the report. If we have questions to ask him
in front of the public, let him speak in front of the public. We are not giving up any
right by getting the report. We are not giving up any of our rights or the rights of the
community to talk about this report. He is saying that he will submit the report to the
media. The media will disseminate it and then April 11 th, we can question him
publicly on this report. He is not trying to hide anything, and I don't see anything
wrong with him giving us the report and providing the report to the media. And
that's all I have to say about it. If you want to take another action, that would
require a motion. So if anybody wants to make a motion, make a motion.
Commissioner Pardo: I have a question.
Chair King: Question.
Commissioner Pardo: Not to, sorry, at this late hour, but is there a way, like you
said, where he's not in that position of having to deal with the dialogue, but we still
open it up during public comment?
Chair King: Absolutely. It's still coming before the commission on the April 11 th.
Commissioner Pardo: Yes.
Chair King: Right.
Commissioner Pardo: So my concern here is to allow the folks, because I don 't think
it's just two people, I think we have an obligation to allow --
Chair King: And we do not shy away f orn public comment. We do not shy away from
public comment. We welcome all public comments. Good, bad, or indifferent, we
welcome all public comments. The thing is, you can't pick and choose our public
comments. You can't get upset when somebody says something that you don't like
and you can't decide, okay, well, we want to blah, blah, blah. Like I've tried to point
out throughout this entire meeting, you know what? It depends on whose ox is being
gored. You can act how you want to act when it's your ox being gored, but then you
want all of us to behave in a certain way. Give us the report. If I don't have a
motion. the City of Miami Commission meeting for March 14th, 2024, is now in
recess.
Todd B. Hannon (City Clerk): No, I think we're adjourning. I believe we're --
Chair King: (INAUDIBLE).
Commissioner Pardo: Oh, we're adjourned.
Chair King: It's over. Adjourned.
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DI.6 DISCUSSION ITEM
15582
Commissioners
and Mayor
A DISCUSSION ITEM REGARDING PAYMENTS OF LEGAL FEES
FOR DIAZ DE LA PORTILLA.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Damian Pardo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Gabela, Pardo, Reyes
ABSENT: Carollo
Note for the Record: Item DL6 was continued to the April 11, 2024, City
Commission Meeting.
Note for the Record: For minutes referencing Item DL6, please see Item DL1.
DI.7 DISCUSSION ITEM
15683
Commissioners
and Mayor
A DISCUSSION ITEM REGARDING AN UPDATE OF THE CITY
ATTORNEY SELECTION AND TRANSITION PROCESS.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item DL7 was continued to the April 11, 2024, City
Commission Meeting.
Note for the Record: For minutes referencing Item DI.7, please see "Order of the
Day."
DI.8 DISCUSSION ITEM
15684
Commissioners
and Mayor
A DISCUSSION ITEM REGARDING CAMPAIGN FINANCE REFORM
INITIATIVES.
MOTION TO: Continue
RESULT: CONTINUED
MOVER: Damian Pardo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Gabela, Pardo, Reyes
ABSENT: Carollo
Note for the Record: Item DL8 was continued to the April 11, 2024, City
Commission Meeting.
Note for the Record: For minutes referencing Item DL8, please see Item DI.1.
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END OF DISCUSSION ITEMS
PART B: PZ - PLANNING AND ZONING ITEM(S)
PZ.1 ORDINANCE First Reading
12645
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE") TO
EXPRESSLY PERMIT MEDICAL MARIJUANA DISPENSARIES IN THE
CITY SUBJECT TO DISTANCE REQUIREMENTS BY AMENDING
ARTICLE 1, TITLED "DEFINITIONS," TO AMEND THE DEFINITION OF
GENERAL COMMERCIAL TO INCLUDE MEDICAL MARIJUANA
DISPENSARIES AND PHARMACIES; BY CREATING A NEW
DEFINITION FOR MEDICAL CANNABIS, MEDICAL MARIJUANA
DISPENSARIES, AND PHARMACIES; AMENDING ARTICLE 6,
TITLED SUPPLEMENTAL REGULATIONS TO PROVIDE DISTANCE
REQUIREMENTS AND OTHER REGULATIONS FOR MEDICAL
MARIJUANA DISPENSARIES AND PHARMACIES; AND FURTHER
AMENDING ARTICLE 7, TITLED "PROCEDURES" TO ADD A
RESERVATIONS SYSTEM AND TO PROVIDE FOR SUBSEQUENT
ESTABLISHMENTS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Withdraw
RESULT: WITHDRAWN
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.1, please see "Order of the
Day."
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PZ.2 ORDINANCE First Reading
13968 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning 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 RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT
APPROXIMATELY 775 SOUTHWEST 8 STREET (NORTHWEST
PORTION), 750 SOUTHWEST 7 STREET, AND 740 SOUTHWEST 7
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: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Commissioner Reyes: Can I make a motion for the rest of the PZs (Planning and
Zoning) if anybody has any problems? I don't have --
Chair King: Well, I have some --
Commissioner Reyes: -- no problems with any one.
Chair King: --1 have some that need to go today. So -- and they -- the titles need to
be read into the record. We can't just -- we can't just --
Commissioner Reyes.. Okay.
Chair King: Alright, Madam City Attorney, please read these into the record. Or 1
mean -- start reading the titles.
Victoria Mendez (City Attorney): PZ.I was reset, correct, Madam Chair?
Todd B. Hannon (City Clerk): It was withdrawn.
Chair King: Yes, it was --
Ms. Mendez: Withdrawn.
Chair King: -- withdrawn. So, we have PZ.2, 3 --
Ms. Mendez: Okay. PZ.2. An ordinance of the Miami City Commission, with
attachments, amending Ordinance Number 10544, as amended --
Chair King: Wait a minute, wait a minute, wait a minute, 1, 2, 3 -- let me, from each
commissioner, what do you have? Because there are 23 items, not all in total. So, if
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there are any items that you need to have read into the record. Commissioner Reyes?
Do you need anyone to go? I need 12, 13, 15, and 17. I only need four.
Commissioner Gabela: Say it again, 12?
Chair King: 12, 13, 15, and 17.
Commissioner Gabela: 15 and 17.
Commissioner Reyes: Yeah, 4 and 5.
Chair King: You need --
Vice Chair Carollo: 20 and 21.
Commissioner Reyes: 4 and 5.
Vice Chair Carollo: Madam City Attorney, on 20 and 21, were all the issues
resolved?
Ms. Mendez: Is that -- Ms. Tapanes, are 20 and 21 yours? Yes, we -- we discussed --
Vice Chair Carollo: Okay.
Ms. Mendez: -- we discussed moving forward.
Vice Chair Carollo: Okay.
Ms. Mendez: Yes, thank you.
Vice Chair Carollo: Thank you.
Commissioner Reyes: Madam Chair?
Chair King: So, you need 20 and 21?
Vice Chair Carollo: Yes.
Commissioner Reyes: Yes, and 18 and 19, I mean, we can --
Chair King: 18 and 19.
Commissioner Reyes: -- just going to include it, read it, and pass it.
Chair King: So, you might as well read them all. Just read them all. Read the titles
into the record.
Commissioner Reyes: You remind me of that -- that advertisement. Not this one, this
one, give me another one.
Chair King: Just --
Commissioner Gabela: Okay, Madam Chair, sorry.
Ms. Mendez: Madam --
Commissioner Gabela: I -- I --
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Chair King: So, let's just read them all.
Ms. Mendez: Well, for now --
Commissioner Gabela: Okay.
Ms. Mendez: -- can I read the four that we know, and then everybody can figure it
out?
Chair King: No, just read them all.
Commissioner Gabela: Can you include PZ.10 and PZ.11, please?
Chair King: So, that's all of them. Read them all.
Commissioner Gabela: No, yeah, PZ.10 and PZ.11. Yes, PZ.10 and I1.
Chair King: So, it's -- it's -- just read them all.
Mr. Hannon: Madam City Attorney, can I let you know the ones that are in play?
Ms. Mendez: Yes.
Mr. Hannon: So, the PZ items that are in play are PZ.2, PZ.3, PZ.4, PZ.5, PZ.10,
PZ.11, PZ.12, PZ.13, PZ.14, PZ.15, PZ.16, PZ.17, PZ.18, PZ.19, PZ.20, PZ.21,
PZ.22, and PZ.23.
Ms. Mendez: Thank you, Mr. Clerk. PZ.2.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.3.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.4.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.5.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.I0.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.11.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.12.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.13.
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The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: There was a substitution memo on PZ.13. PZ.14.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.15.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.16.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Hannon: And Madam City Attorney, I believe PZ.16, there was a substitution
memo distributed on March 11 th.
Ms. Mendez: Thank you.
Commissioner Gabela: So, Madam Chair, before we continue, it's been brought to
my attention that -- I should have remembered and I didn't. PZ.10 and PZ.11, there's
two things. There's a stipulation that the -- the land use be granted with a stipulation
that they, fbr 36 months, they cannot change anything on the -- I'm sorry?
(COMMENTS MADE OFF THE RECORD)
Commissioner Gabela: No upzoning for 36 months.
(COMMENTS MADE OFF THE RECORD)
Commissioner Gabela: 36. 36 months, and the other side knows this. And also, one
more thing, there's a declaration of restrictive covenants, an easement for a
riverwalk, which the other side also, I understand, knows about it.
Alexandra Cimo: Can I speak a second?
Chair King: (INAUDIBLE).
Ms. Cinro: Alexandria Cimo, attorney for the Polish American Club of Miami, Inc.
Yeah, it was eight stories was what was requested --
Commissioner Gabela: Right.
Ms. Cimo: -- and a height limitation of eight stories, and as well as the 36-month
moratorium --
Commissioner Gabela: Correct.
Ms. Cimo: -- on any upzoning.
Commissioner Gabela: Correct.
Ms. Cimo: So, those two things have been added.
Commissioner Gabela: Those two things and one more. The -- the riverwalk.
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Ms. Cimo: The riverwalk is also on there.
Commissioner Gabela: Okay.
Ms. Cimo: Everything that you had requested.
Commissioner Gabela: That's fine. I, just wanted to put it on the record.
Ms. Cimo: Thank you so much.
Chair King: Okay, so --
Mr. Hannon: Chair, I'm sorry, so then PZ.11 will be amended.
Chair King: Okay.
Commissioner Gabela: 10 and 11.
Chair King: As amended.
Mr. Hannon: 11 is the rezoning.
Commissioner Gabela: Okay. Yes.
Chair King: Okay. So, let me ask my colleagues, starting with Vice Chair. Are there
any of the PZ items that you want to pull for discussion?
Ms. Mendez: Madam Chair, I didn'tfanish the titles though.
Chair King: You what?
Ms. Mendez: 1 didn't --
Chair King: What number are you on?
Ms. Mendez: I -- I think I just read 16 --
Mr. Hannon: Correct.
Ms. Mendez: -- or did I get to 17?
Mr. Hannon: Yes, ma'am.
Ms. Mendez: I just finished with --
Mr. Hannon: Going on 17.
Ms. Mendez: I'm going on 17, Madam Chair. I'm sorry, I don't read as fast as
Barnaby Min.
Chair King: I so miss him.
Ms. Mendez: I know. PZ.17.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.18.
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The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.19.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: For PZ.19, was there going to be an amendment, Mr. Fernandez, on
the title?
Ben Fernandez: Thank you. Thank you, Vicky. Ben Fernandez, 200 South Biscayne
Boulevard on behalf of the applicant for 18 and 19. Yes, we want the Commission to
not approve the first request, which is the T6-8-O to T6-8-L, and that is consistent
with your staff recommendation. Only approving the second part of the request,
which is the T4-R to T4-O.
Ms. Mendez: Okay, so is that on PZ.19 that we're making the amendment?
Mr. Fernandez: On both.
Ms. Mendez: Both PZ.18 and 19 will be amended as to not -- as to not making the --
well, the comprehensive plan item I think needs to stay as is --
Mr. Fernandez: You're correct.
Ms. Mendez: Okay.
Mr. Fernandez: The -- it's only the zoning item.
Ms. Mendez: Okay. So, PZ.18 is not as amended, before I have my clerk over there
having a heart attack.
Mr. Fernandez: Right.
Ms. Mendez: PZ.19 --
Mr. Fernandez: Is amended.
Ms. Mendez: -- is amended, and Sevanne, can you say how?
Sevanne Steiner: Yes. So, PZ.19, it's to deny the T6-8-O to the T6-8-L, and then
approve the T3-O to the T4-O.
Mr. Fernandez: Correct.
Ms. Mendez: Thank you. So, PZ.19 will be as amended.
Commissioner Reyes: As amended.
Ms. Mendez: And then we have four more, so Madam Chair doesn't get upset at me.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: PZ.21.
The Ordinance was read by title into the public record by the City Attorney.
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Ms. Mendez: PZ.22.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: And finally, PZ.23.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Gabela: Motion.
Vice Chair Carollo: Second.
Chair King: All in favor?
Commissioner Pardo: Are we pulling one? Can I pull one of those items out? PZ.15.
Chair King: We're going to pull PZ.I5 for discussion?
Commissioner Pardo: No, I'm just not voting with the -- are we moving them all as a
group?
Chair King: Yes, we could, please.
Commissioner Pardo: Could we pull out PZ.15?
Chair King: PZ.15.
Commissioner Pardo: Because I'm voting no on that one.
Chair King: Okay.
Commissioner Pardo: Everything else 1 'm good.
Chair King: Alright. I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries.
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PZ.3 ORDINANCE First Reading
13972 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T5-L," URBAN CENTER
TRANSECT ZONE — LIMITED, TO "T6-8-O," URBAN CORE
TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY
LOCATED AT 775 SOUTHWEST 8 STREET (NORTHWEST
PORTION), 750 SOUTHWEST 7 STREET, AND 740 SOUTHWEST 7
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.3, please see Item PZ.2.
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PZ.4 ORDINANCE First Reading
15238
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, 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 "LOW DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF
APPROXIMATELY 2.54 ACRES DESCRIBED HEREIN OF REAL
PROPERTY AT 460 NORTHWEST 36 COURT (EAST PORTION), 427
NORTHWEST 37 AVENUE (EAST PORTION), 400 NORTHWEST 36
COURT, 408 NORTHWEST 36 COURT, 440 NORTHWEST 36 COURT,
146 NORTHWEST 36 COURT, 140 NORTHWEST 36 COURT, 114
NORTHWEST 36 COURT, 100 NORTHWEST 36 COURT, 102
NORTHWEST 36 COURT, 70 NORTHWEST 36 COURT, 64
NORTHWEST 36 COURT, 58 NORTHWEST 36 COURT, 3667
NORTHWEST FLAGLER TERRACE, AND 3695 WEST FLAGLER
STREET (NORTHWEST PORTION) MIAMI, FLORIDA ("ASSEMBLAGE
A"); AND BY CHANGING THE FUTURE LAND USE DESIGNATION
FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"
OF APPROXIMATELY 0.34 ACRES DESCRIBED HEREIN OF REAL
PROPERTY AT 697 NORTHWEST 37 AVENUE (SOUTHWEST
PORTION), 640 NORTHWEST 36 COURT (SOUTH PORTION), AND
3665 NORTHWEST 6 STREET, MIAMI, FLORIDA, ("ASSEMBLAGE
B"), (COLLECTIVELY THE "ASSEMBLAGE") ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.4, please see Item PZ.2.
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PZ.5 ORDINANCE First Reading
15239
Commissioners
and Mayor - PZ
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 ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T6-8-O," URBAN CORE
TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE TRANSECT
ZONE — OPEN, FOR THE PROPERTY GENERALLY LOCATED AT
697 NORTHWEST 37 AVENUE (NORTH AND SOUTHWEST
PORTION); AND, BY CHANGING THE ZONING CLASSIFICATION
FROM "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, TO
"T5-O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE
PROPERTIES GENERALLY LOCATED AT 697 NORTHWEST 37
AVENUE (SOUTHEAST PORTION), 640 NORTHWEST 36 COURT
(SOUTH PORTION), 3665 NORTHWEST 6 STREET, 460
NORTHWEST 36 COURT (EAST PORTION), 427 NORTHWEST 37
AVENUE (EAST PORTION), 400 NORTHWEST 36 COURT, 408
NORTHWEST 36 COURT, 440 NORTHWEST 36 COURT, 146
NORTHWEST 36 COURT, 140 NORTHWEST 36 COURT, 114
NORTHWEST 36 COURT, 100 NORTHWEST 36 COURT, 102
NORTHWEST 36 COURT, 70 NORTHWEST 36 COURT, 64
NORTHWEST 36 COURT, 58 NORTHWEST 36 COURT, 3667
NORTHWEST FLAGLER TERRACE, AND 3695 WEST FLAGLER
STREET (NORTHEAST PORTION), MIAMI, FLORIDA, ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.5, please see Item PZ.2.
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PZ.6
15113
Department of
Planning
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
GRANTING/DENYING THE APPEAL FILED BY ARTHUR NORIEGA, V,
CITY OF MIAMI CITY MANAGER AND MIGUEL FERRO, EXECUTIVE
DIRECTOR OF BAYFRONT PARK ("APPELLANT"), OF THE
DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD
THEREBY AFFIRMING/REVERSING THE CITY OF MIAMI PLANNING
DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-23-16544
ISSUED PURSUANT TO ARTICLE 4, TABLE 12, AND ARTICLE 7,
SECTIONS 7.1.1.2 AND 7.1.2.4 OF ORDINANCE NO. 13114, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("MIAMI 21 CODE"), TO ALLOW FOR THE
RECREATIONAL FACILITY USE ON A PARCEL ZONED "CS," CIVIC
SPACE TRANSECT ZONE, LOCATED AT 1095 BISCAYNE
BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION TO: Defer
RESULT: DEFERRED
MOVER: Joe Carollo, Commissioner
SECONDER: Miguel Angel Gabela, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: Item PZ.6 was deferred to the May 9, 2024, City Commission
Meeting.
Note for the Record: For minutes referencing Item PZ.6, please see "Order of the
Day."
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PZ.7 ORDINANCE Second Reading
14035 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning 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 "HIGH DENSITY MULTIFAMILY
RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED
AT 136 NORTHWEST 35TH 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: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Damian Pardo, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.7, please see "Order of the
Day.
11
PZ.8 ORDINANCE Second Reading
14036 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T4-R," GENERAL URBAN
TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER
TRANSECT ZONE -OPEN, AND APPROVING A DECLARATION OF
RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS
EXHIBIT "B," OF THE PROPERTY AT 136 NORTHWEST 35TH
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: Indefinitely Defer
RESULT: INDEFINITELY DEFERRED
MOVER: Damian Pardo, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.8, please see "Order of the
Day."
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Meeting Minutes March 14, 2024
PZ.9
14120
Department of
Planning
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION
GRANTING/DENYING THE APPEAL FILED BY 970 N.W. 8TH STREET
ROAD, LLC, ("APPELLANT") AND
REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
DENIAL, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF
ORDINANCES OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF
THE APPELLANT'S APPLICATION FOR A SPECIAL CERTIFICATE OF
APPROPRIATENESS TO PERMIT DEMOLITION OF TWO
CONTRIBUTING STRUCTURES, LOCATED APPROXIMATELY AT
812 NORTHWEST 8 STREET ROAD AND 830 NORTHWEST 8
STREET ROAD, MIAMI, FLORIDA, 33136, WITHIN THE SPRING
GARDEN HISTORIC DISTRICT; WITH FOLIO NUMBERS 01-3135-
027-1080 AND 01-3135-027-1070.
MOTION TO: Remand to Historic Environmental Preservation Board
RESULT: REMANDED TO HISTORIC & ENVIRONMENTAL
PRESERVATION BOARD
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For additional minutes referencing Item PZ.9, please see
"Public Comments for All Item(s) on the Agenda."
Commissioner Gabela: Okay. On one of the PZ items, okay, which is in my district,
okay, I'd like to defer it, and I'd like to move that along, not defer it the next time,
but so they can get together, the neighbors and the --
Commissioner Reyes: Good.
Chair King: I love that.
Commissioner Gabela: Give me a minute.
Chair King: So which item is that?
Commissioner Gabela: I'm looking for that now. Hang on a moment. Just give me
one minute.
Commissioner Pardo: Also, if staff knows of any that are urgent or that we should be
taking up.
Commissioner Gabela: Okay, so it was PZ.9.
Chair King: You want to defer PZ.9?
Commissioner Gabela: What I'd like for you to do, you're representing the property
owner, correct?
Ines Marrero: Yes. Good evening, Madam Chair, members of the Commission. Ines
Marrero with offices at 701 Brickell Avenue. I am the representative for the
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Meeting Minutes March 14, 2024
appellant. PZ.9, we are requesting that the item be remanded to the Historic and
Environmental Preservation Board.
Commissioner Gabela: Very good.
Ms. Marrero: We had a meeting and that's the pleasure of the neighbors and the
Commissioner.
Chair King: So do I --
Commissioner Gabela: That's what I was going to suggest. Thank you very much.
Chair King: -- have a motion to defer PZ.9?
Vice Chair Carollo: Move.
Commissioner Gabela: You were going to say something?
Ms. Marrero: It needs to be remanded to the HEP (Historic and Environmental
Preservation) Board.
Commissioner Gabela: So remanded to the HEP Board.
Commissioner Pardo: So approved. So do we need to approve it?
Chair King: So, do we --
Commissioner Reyes: Can I make a motion to --
Chair King: Wait, hold on. Hold on. Mr. City Clerk?
Todd B. Hannon (City Clerk): And please correct me if I'm wrong, but I believe the
motion by Commissioner Gabela is correct. Commissioner Gabela, you want to
remand PZ.9 to the HEP Board.
Commissioner Gabela: I want them to go back and --
Chair King: Okay, so I have a motion to --
Commissioner Pardo: I'll second it.
Chair King: -- remand. I have a motion and a second. All in favor?
The Commission (Collectively): Aye.
Ms. Marrero: Thank you.
Chair King: Okay.
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PZ.10 ORDINANCE Second Reading
13726 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning 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 RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" FOR THE
PROPERTY GENERALLY LOCATED AT 1250 NORTHWEST 22
AVENUE MIAMI, FLORIDA ("PROPERTY"), AS MORE
PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A"; MAKING
FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 14257
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.10, please see "Public
Comments for All Item(s) on the Agenda" and Item PZ.2.
PZ.11 ORDINANCE Second Reading
13728 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER
TRANSECT ZONE - LIMITED, TO "T6-8-L" URBAN CORE TRANSECT
ZONE -LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT
1250 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA ("PROPERTY"),
AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A,"
ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE
VOLUNTARILY PROFFERED COVENANT, ATTACHED AND
INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
ENACTMENT NUMBER: 14258
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.11, please see "Public
Comments for All Item(s) on the Agenda" and Item PZ.2.
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PZ.12 ORDINANCE Second Reading
14683 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY
RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTY AT 7816 NORTHWEST 2 COURT,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS;
AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 14259
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.12, please see "Public
Comments for All Item(s) on the Agenda" and Item PZ.2.
PZ.13 ORDINANCE Second Reading
15310 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT
ZONE — OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE —
OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 7816
NORTHWEST 2 COURT AND BY CHANGING THE ZONING
CLASSIFICATION FROM "T6-8-O," URBAN CORE TRANSECT ZONE
— OPEN, TO "T6-8-L," URBAN CORE TRANSECT ZONE — LIMITED,
FOR THE PROPERTIES GENERALLY LOCATED AT 260
NORTHWEST 79 STREET, 290 NORTHWEST 79 STREET, 294
NORTHWEST 79 STREET, 7835 NORTHWEST 3 AVENUE, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: 14260
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MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.13, please see "Public
Comments for All Item(s) on the Agenda" and Item PZ.2.
PZ.14 ORDINANCE Second Reading
12860
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY
AMENDING APPENDIX A, SECTION A.2, TITLED "VILLAGE WEST
ISLAND DISTRICT AND CHARLES AVENUE NEIGHBORHOOD
CONSERVATION DISTRICTS 2 (NCD-2)", TO MODIFY THE EXISTING
MIXED USE CULTURAL DISTRICT BOUNDARY, CREATE NEW USES
DEFINITIONS, INTRODUCE DEVELOPMENT AND PARKING
FLEXIBILITIES, AND CREATE NEW REGULATIONS AND
DEVELOPMENT GUIDELINES FOR AFFORDABLE HOUSING;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
ENACTMENT NUMBER: 14261
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.14, please see Item PZ.2.
PZ.15 ORDINANCE Second Reading
15047
Commissioners
and Mayor - PZ
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3,
TITLED "GENERAL TO ZONES," SECTION 3.14, TITLED "PUBLIC
BENEFITS PROGRAM," AND ARTICLE 5, TITLED "SPECIFIC TO
ZONES," AND ILLUSTRATION 5.5, TITLED "GENERAL URBAN
TRANSECT ZONES," TO ALLOW BONUS BUILDING HEIGHT IN
CERTAIN OPPORTUNITY ZONES WITHIN THE "T5," URBAN
CENTER TRANSECT ZONE IN EXCHANGE FOR CERTAIN PUBLIC
BENEFITS; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 14262
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Meeting Minutes March 14, 2024
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Joe Carollo, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Reyes
NAYS: Gabela, Pardo
Note for the Record: For additional minutes referencing Item PZ.15, please see
Item PZ.2.
Chair King: May 1 have a motion for PZ.15?
Vice Chair Carollo: Move.
Chair King: Do I have a second?
Commissioner Reyes: Second.
Chair King: All in favor?
Vice Chair Carollo: Aye.
Chair King: Aye.
Commissioner Pardo: No.
Commissioner Gabela: No.
Chair King: 3-2.
Todd B. Hannon (City Clerk): Motion passes 3-2, with Commissioner Gabela,
Commissioner Pardo voting no.
Chair King: Okay.
PZ.16 ORDINANCE Second Reading
14508 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
("MCNP") OF THE CITY OF MIAMI ("CITY"), TO INCORPORATE
NECESSARY AMENDMENTS REFLECTING CHANGES IN STATE
REQUIREMENTS AND UPDATING THE ELEMENT(S) BASED ON
CHANGES IN LOCAL CONDITIONS SINCE THE LAST UPDATE IN
YEAR 2015 AS REQUIRED BY FLORIDA ADMINISTRATIVE CODE
RULE 73C-49 AND SECTION 163.3191, FLORIDA STATUTES, TITLED
"EVALUATION AND APPRAISAL OF COMPREHENSIVE PLAN";
SPECIFICALLY BY AMENDING, ADDING, AND DELETING GOALS,
OBJECTIVES, AND POLICIES OF THE CITY'S MCNP, AS ATTACHED
AND INCORPORATED IN EXHIBITS "A," "B," "C," "D," "E," "F," "G," "H,"
AND "I"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR TRANSMITTAL TO AFFECTED
AGENCIES; AND PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 14263
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Meeting Minutes March 14, 2024
MOTION TO: Adopt with Modification(s)
RESULT: ADOPTED WITH MODIFICATION(S)
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.16, please see Item PZ.2.
PZ.17 ORDINANCE First Reading
15536 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER
TRANSECT ZONE - OPEN, TO "T6-8-O," URBAN CORE TRANSECT
ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 43
NORTHEAST 53 STREET, 40 NORTHEAST 54 STREET, AND 50
NORTHEAST 54 STREET, MIAMI, FLORIDA (COLLECTIVELY,
"PROPERTY") MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; FURTHER RECOMMENDING TO
THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY
PROFFERED COVENANT, ATTACHED AND INCORPORATED AS
EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.17, please see "Public
Comments for All Item(s) on the Agenda" and Item PZ.2.
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PZ.18 ORDINANCE First Reading
15439 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY
RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTY AT 200 NORTHWEST 42 AVENUE
(WESTERN PORTION) AND 4212 NORTHWEST 2 TERRACE
(WESTERN PORTION) , MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED;
MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.18, please see Item PZ.2.
PZ.19 ORDINANCE First Reading
15440 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T6-8-O," URBAN CORE
TRANSECT ZONE — OPEN, TO "T6-8-L," URBAN CORE TRANSECT
ZONE — LIMITED, OF THE PROPERTY GENERALLY LOCATED AT
248 NORTHWEST 42 AVENUE, BY CHANGING THE ZONING
CLASSIFICATION FROM "T6-8-O," URBAN CORE TRANSECT ZONE
— OPEN, TO "T6-8-L," URBAN CORE TRANSECT ZONE — LIMITED,
OF THE EASTERN PORTION OF THE PROPERTIES LOCATED AT
4212 NORTHWEST 2 TERRACE AND 200 NORTHWEST 42 AVENUE,
AND BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O,"
SUBURBAN TRANSECT ZONE — OPEN, TO "T4-O," GENERAL
URBAN TRANSECT ZONE — OPEN, FOR THE WESTERN PORTION
OF THE PROPERTIES GENERALLY LOCATED AT 4212
NORTHWEST 2 TERRACE AND 200 NORTHWEST 42 AVENUE,
MIAMI, FLORIDA, 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 with Modification(s)
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.19, please see Item PZ.2.
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PZ.20 ORDINANCE First Reading
15318 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE FUTURE LAND USE MAP OF
Planning ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION FROM "MEDIUM DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 860, 852,
842, 834, AND 826 NORTHWEST 1 STREET, AND 821 WEST
FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING
FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.20, please see Item PZ.2.
PZ.21 ORDINANCE First Reading
15438 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER
TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE TRANSECT
ZONE- OPEN, FOR THE PROPERTIES LOCATED 860, 852, 842, 834,
AND 826 NORTHWEST 1ST STREET AND FROM "T5-O," URBAN
CENTER TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE
TRANSECT ZONE — OPEN, FOR THE NORTHERN FORTY FIVE (45)
FEET OF THE PROPERTY LOCATED AT 821 WEST FLAGLER
STREET, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED;
FURTHER RECOMMENDING TO THE CITY COMMISSION
ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT,
ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.21, please see Item PZ.2.
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PZ.22 ORDINANCE Second Reading
15533 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS
Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL
SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "PUBLIC PARKS
AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF
REAL PROPERTY AT 1320 SOUTHWEST 21 STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO: Pass on First Reading
RESULT: PASSED ON FIRST READING
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.22, please see Item PZ.2.
PZ.23 ORDINANCE First Reading
15532 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT
ZONE - OPEN, TO "CS," CIVIC SPACE ZONE, OF THE PROPERTY
GENERALLY LOCATED AT 1320 SOUTHWEST 21 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: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For minutes referencing Item PZ.23, please see Item PZ.2.
END OF PLANNING AND ZONING ITEM(S)
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FL - FUTURE LEGISLATION
FL.1
15659
Department of
Building
ORDINANCE
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 10/ARTICLE I/SECTION 4 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/IN
GENERAL," TO CREATE DIVISION 1 TITLED "BUILDING CODE"
ADDING THE FLORIDA BUILDING CODE AND CERTAIN
AMENDMENTS THERETO AND CREATING DIVISION 2, TITLED
"BUILDING ADMINISTRATION, FEES, WAIVERS, CONTRACTOR
AND EMERGENCY REQUIREMENTS," AND RENUMBERING
CURRENT SECTIONS 10-1 THROUGH 10-9 TO SECTIONS 10-10
THROUGH 10-20; AND REPLACING ARTICLE IX, TITLED "FENCE
REQUIREMENTS FOR MIAMI CITY COMMISSION DISTRICT 5,"
AS THAT ARTICLE HAS SUNSETTED WITH A NEW ARTICLE IX
TITLED, "CONTRACTOR CODE OF ETHICS; EMERGENCY
PLANS FOR CERTAIN BUILDINGS; CERTAIN PERMIT
REQUIREMENTS, ENVIRONMENTAL VIOLATIONS; SECURING
OF SITES IN EMERGENCIES" FOR THOSE SECTIONS THAT
HAVE TO BE RENUMBERED DUE TO THE ADDITION OF NEW
DIVISION 1 OF THIS CHAPTER; AND REMOVING ARTICLE XIII,
TITLED "FENCE REQUIREMENTS FOR MIAMI CITY
COMMISSION DISTRICT 4" AS THAT ARTICLE HAS SUNSETTED;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
RESULT: NO ACTION TAKEN
END OF FUTURE LEGISLATION
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NA - NON -AGENDA ITEM(S)
NA.1 RESOLUTION
15690
Department of Code
Compliance
A RESOLUTION OF THE MIAMI CITY COMMISSION
MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN
RECORDED AGAINST PROPERTY ADDRESS 5101 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, CASE NUMBER CE2018024419,
AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL
SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN.
ENACTMENT NUMBER: R-24-0110
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: King, Carollo, Gabela, Pardo, Reyes
Note for the Record: For additional minutes referencing Item NA.1, please see
"Order of the Day."
Chair King: And at this time we're going to hear pocket item one, which there is time
sensitivity on this one as well, which is why it's coming to us as a pocket item.
Robert Santos-Alborna: Good afternoon, Commissioners, Madam Chairwoman,
Robert Santos-Alborna, Code Compliance director. Happy birthday, Madam
Chairwoman.
Chair King: Thank you.
Mr. Santos-Alborna: This item is for mitigation of a property located at 5101
Biscayne Boulevard. The violations in question stem from Case Number
CE2018024419. Violations were for failure to maintain lots, work performed without
permits, and failure to register the property. NOVs, notice of violation, was issued on
November 27, 2018, adjudicated on March 13, 2019. The violation ran for 1,729
days and accrued a total of $432,250. I'm going to yield in a few seconds to counsel.
I understand the offer on the table is $6,600, which is the equivalent of 1.5. There is
mitigating circumstances' that 1 think you should hear, butt do --
(COMMENTS MADE OFF THE RECORD)
Mr. Santos-Alborna: That is 1.5 percent. But I do have a recommendation to you if
you want to hear it now, or I can make it --
Chair King: Tell me the mitigating cir --
Mr. Santos-Alborna: I would say at least, right below 5 percent is $20,000 and I
think that's a lot more reasonable.
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Rachel Dooley (Assistant City Attorney, Supervisor): Good afternoon,
Commissioner. Rachel Dooley, from the Office of the City Attorney. A lawsuit was
filed by counsel to quiet title. 1 believe they have a closing coming up. That was their
urgency that this needed to be resolved prior to that, hence why it was approved as a
pocket item. We had been going back and forth in discussions in this particular case,
and counsel will give you probably more of the flavor on it. You have two properties,
5101 and 5125, they're two adjoining lots. They complied, both of the lots together
at the same time, through the same process number and permit number. The 5125 lot
was complied and they went to mitigation and received mitigation in the amount of
six thousand --
Mr. Santos-Alborna: $6,600.
Ms. Dooley: -- $6,600. For whatever reason, it was not dealt with at the time that the
5101 lot was left not complied and the lien was still running, but that compliance
was at the same time as the 5125 lot. So, when they came to do their sale, their
running lien popped up, and then it was filed to come before you. Because while the
5125 lot was taken care of the 5101, which is what they're here on, continued to run
for all of those days and then accrue that larger fine. Then --
Chair King: But you said that they had filed together to remediate together.
Ms. Dooley: So, the permit covered both lots that complied it. Now, the mitigation, I
don't know how mitigation was requested or when it was -- when that was done.
Only one was put on calendar, because if a case is not complied, it cannot be put on
a mitigation calendar. So, I would assume it's a --
Chair King: But you said that both complied at the same time.
ills. Dooley: They would have complied at the same time. However, for whatever
reason between the owner and Code Compliance, the 5101 property did not get
complied at the same time.
Chair King: So, I need to understand why if they applied for the permit together, they
complied together, then why didn 't the second one --? And I assume, but somebody's
going to -- because I don 't want to assume. They didn't find out that both weren't
complied with until they went to sell the property and the lien popped up.
Ms. Dooley: So, when they went to the hearing, only one case was heard, which
obviously, from the City's position, is a clear notice to the property owner and
whoever was there that --
Chair King: But that doesn 't sound like a clear notice to me, because you could have
had -- because if they complied both, and if they complied both, I don't know the
City's process, and I'm going to figure that both are being taken care of
Ms. Dooley: Well, so I can explain that to you. When you set down a mitigation
hearing, you have to request for both properties. Each violation has its own order,
its own file, and its own process. So, if you leave and you're only getting one order,
and it only -- and it says -- and the lien gets released and you pay it, it's only as to
the one case and the one property. You would get a release of lien only under one
property address and one case number. Now, the oversight, you know, you could
probably look at that and say both parties sort of fumbled the ball, if you want to put
it that way. I don't think any one party is more responsible or not responsible than
the other, more than you could look at it as an oversight as to both. But it would be
hard not to know going there --
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Chair King: Well, I understand --
Ms. Dooley: -- that that was missing.
Chair King: -- I understand what you're saying, but when there's an oversight and
there's anything that would fall on the City, I would err on the side of -- they're the
plaintiff or the respondent. I don't know. Which one are we?
Ms. Dooley: Not disagreeing with you, but --
Chair King: Right, so I would err on the -- because that damages the City.
Ms. Dooley: Yeah.
Chair King: That -- it makes -- it makes sense to me that, you know, it's two
properties. They complied at the same time. They got the permit for the two
properties. One property gets it and one property doesn't. And I understand, you
know, I understand more than most. So, I would be inclined to give them the same
mitigation that they received for the other property because both were complied with
at the same time. So, my request would be the $6, 600 for what we are doing here.
Commissioner Gabela: Motion.
Chair King: I have a motion. I have a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Hold on. One question.
Vice Chair Carollo: Who are the owners of this property?
Mr. Santos-Alborna: The principals that are the owners of the property are
Vagabond Group and Matoni Group --
Vice Chair Carollo: Okay.
Mr. Santos-Alborna: -- which ar•e Avra Jain and Ricardo Caporale, the principals.
Vice Chair Carollo: Okay. Yeah, let me see if this is what I'm looking at, or maybe
I'm in the wrong place. Is this 5101 Biscayne Boulevard --
Mr. Santos-Alborna: That is correct, Vice Chair.
Vice Chair Carollo: -- that we're discussing? Okay, that's fine.
Mr. Santos-Alborna: Thank you very much, Vice Chair.
Vice Chair Carollo: Sure, thank you.
Chair King: So, I have a motion and a second.
Vice Chair Carollo: Yes.
Chair King: All in favor?
The Commission (Collectively): Aye.
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Chair King: Motion carries unanimously.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING
THE BAYFRONT PARK MANAGEMENT TRUST'S ("TRUST")
APPOINTMENT OF JOSE SUAREZ AS THE EXECUTIVE
DIRECTOR OF THE TRUST, UNDER THE TERMS AND
CONDITIONS OF EMPLOYMENT AGREED UPON.
ENACTMENT NUMBER: R-24-0101
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Manolo Reyes, Commissioner
SECONDER: Damian Pardo, Commissioner
AYES: King, Gabela, Pardo, Reyes
ABSENT: Carollo
Note for the Record: For additional minutes referencing Item NA.2, please see
"Order of the Day" and "Public Comments for AllItem(s) on the Agenda."
Chair King: I understand Commissioner Reyes is coming right out.
Commissioner Reyes: Yeah, I'm here.
Chair King: I know. We have two pocket items, I believe. I'd like to move forward
with the pocket items. May I have a motion to pass pocket item 1 and 2?
Commissioner Gabela: (INAUDIBLE).
Chair King: Absolutely.
Commissioner Gabela: (INAUDIBLE).
Chair King: Can I have a motion for discussion?
Commissioner Reyes: Move it.
(COMMENTS MADE OFF THE RECORD)
Chair King: Okay. And which --
(COMMENTS MADE OFF THE RECORD)
Chair King: No? Try now.
Victoria Mendez (City Attorney): Now they're working.
Commissioner Gabela: So, yeah, I just want to discuss the Carollo appointment of
his director. Shouldn't we just table that `til next time because somebody's got to be
appointed. We don't know if it's going to be Carollo or somebody else, and then
maybe that person that comes in would want to appoint a different director. So, 1
think it might be a waste of time. My humble two cents. What do you guys think?
Chair King: For -- as I understand it, and the rules of pocket items, putting pocket
items forward, is that it needs to have some urgency, time sensitivity. And as I
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understand it, this is required or necessary because there's some action that must be
taken. And 1 understand that the Bayfront Trust issue with respect to who will chair
it, the way we have it set up now, it's after an audit, and I don't want anything to fall
by the wayside with respect to progress with the Trust. So, I'd like to move forward
with the pocket item because whatever is done, once -- if there's new administration
or anything like that, then as is customary, that administration will determine --
Commissioner Reyes: Absolutely.
Chair King: Correct?
Commissioner Reyes: Absolutely. And I mean, we are in the middle of a -- and by the
way, Mr. City Manager, what's the status of the audit for the different boards that we
have? What's the status of that?
Arthur Noriega (City Manager): I'll get you an update shortly if you like.
Commissioner Reyes: Yeah, give me an update because we have couple of -- close to
30, 35, 48 days in order to comply with it. And then we will take action when those
audits are in. And if it is a different, I mean, a chairman, or if it is the same
chairman, whatever it is, whatever we decide, you see, it has the authority to pick
whoever they want. And we will -- then we will determine the person.
Commissioner Gabela: Okay, let's move on.
Commissioner Reyes: Okay. Let's move on on it.
Commissioner Gabela: Let's move on.
Commissioner Reyes: And then wait for the audit, you see. Okay. I move the pocket
items, Madam Chair.
Chair King: Okay, so we can only vote on P1.2 because PL1 is a mitigation
settlement.
Commissioner Reyes: Okay, PL2. I move it.
Chair King: So, do I have a motion and a second for pocket item 2?
Commissioner Reyes: I move it.
Chair King: I have a second. All in favor?
The Commission (Collectively): Aye.
Chair King: Motion carries unanimously.
Todd B. Hannon (City Clerk): And again, that was for pocket item 2, which is the
appointment of the executive director.
Chair King: Correct.
Mr. Hannon: 4-0.
Chair King: Correct.
Mr. Hannon: Got it.
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DISCUSSION ITEM
CITY COMMISSIONERS ACKNOWLEDGED CHAIRWOMAN
CHRISTINE KING'S BIRTHDAY AND TOGETHER WITH
MEMBERS OF THE AUDIENCE IN CHAMBERS SANG "HAPPY
BIRTHDAY".
rRESULT: DISCUSSED
Chair King: At this time, I'm going to ask my coll --
Commissioner Reyes: Madam Chair, before you go to the business that we have in
hand --
Chair King: Oh, actually --
Commissioner Reyes: -- we would like for you to receive --
Applause.
Unidentified Speakers: Happy birthday to you, happy birthday to you, happy
birthday, dear Commissioner King, happy birthday to you.
Applause.
Chair King: You know, I so appreciate this. At some point, I will get in trouble for
this, though. We are using taxpayer I don't know what to celebrate my birthday.
(COMMENTS MADE OFF THE RECORD)
Chair King: I don't -- you know, once you get a certain age, maybe you stop
celebrating your birthday. Not me. Thank you all. And at this time, I'm going to ask
my colleagues how they would like to proceed with this meeting. It is now abnost 1
o'clock. Would you like to break for lunch?
Vice Chair Carollo: Yes.
Chair King: Yes. So, we will break for lunch and resume at 3 o'clock. Thank you all
for corning.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING
THE CITY ATTORNEY TO REQUEST AN OPINION FROM THE
MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC
TRUST REGARDING WHETHER A CONFLICT OF INTEREST
EXISTS RELATED TO THE REPRESENTATION OF KUENHE
DAVIS LAW AND BENEDICT P. KUEHNE AND THE CITY OF
MIAMI, FLORIDA.
ENACTMENT NUMBER: R-24-0118
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MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Miguel Angel Gabela, Commissioner
SECONDER: Manolo Reyes, Commissioner
AYES: King, Gabela, Pardo, Reyes
ABSENT: Carollo
Chair King: I understand that there has been a request to get an opinion from the
Florida Bar.
Commissioner Reyes: Florida Bar.
Chair King: I think that would also be helpful. That's guidance and I think that's
fair., so we're going to get --
Commissioner Gabela: No, but wait, let me be straight. I'm not deferring to defer.
I'm deferring to, per the gentleman's request, to have a legal opinion --
Chair King: Right, that's what we --
Commissioner Gabela: Not a legal opinion, an ethics opinion --
Chair King: That's what we -- that's what we just voted on, an ethics opinion.
Commissioner Gabela: Okay.
Commissioner Pardo: But we said Florida Bar and the ethics, so there's two.
Commissioner Gabela: Yeah.
Commissioner Reyes: That's right.
Chair King: No, no, but our motion is just for --
Commissioner Pardo: The ethics --
Commissioner- Gabela: Yeah, that is correct. I want to put that on the record.
Chair King: -- the ethics. He said Florida Bar.
Commissioner Pardo: Got it.
Chair King: I think that's a good idea --
Commissioner Pardo: Yeah, agreed.
Chair King: -- to get an opinion.
Commissioner Gabela: So let's do that.
Chair King: But our --
Commissioner Gabela: Let's do that.
Commissioner Reyes: That's right.
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Chair King: You want -- so may 1 have a --
Commissioner Gabela: Yes.
Chair King: -- motion to get an opinion ,from the Florida Bar as well? I have a
motion.
Commissioner Gabela: Motion.
Chair King: Do 1 have a second?
Commissioner Reyes: Second.
Chair King: All in favor?
The Commission (Collectively):
Chair King: Motion carries unanimously.
Commissioner Pardo: And Madam Chair, quick question on the billing of attorneys'
fees between now and the next meeting, how will those attorneys fees be handled?
Chair King: The billing is usually monthly, right? So, I wouldn 't want to suspend
billing because I see -- I'm going to stop using my legal expertise and let the lawyers
he lawyers. I'm a commissioner.
John Greco (Chief Deputy City Attorney): Madam Chair.
Chair King: Thank you.
Mr. Greco: Commissioner, I would suggest -- the problem with that is that if work
has to he done, the attorney's going to perform the work and then we cannot not pay
him.
Commissioner Pardo: Right.
Mr. Greco: So, I would suggest -- though -- although I understand what the
Commission is trying to achieve, that if you're going to defer this, you defer it and
then revisit the issue.
Commissioner Pardo: Well, will the attorney then understand to hold off work
product if possible?
Mr. Greco: Well, he -- if work -- so work that has to be done in a case has to be done
or else you will prejudice the rights of the parties to the case. Until the Commission
makes a final decision, my recommendation would be to let it ride.
Commissioner Pardo: Okay.
Mr. Greco: Whatever work has to be done, the City is going to have to pay for it
until the Commission makes a final decision. That's what I would recommend.
Commissioner Gabela: I think that would be prudent that we do that.
Chair King: Okay.
Mr. Greco: Thank you.
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Commissioner Reyes: Madam Chair.
Victoria Mendez (City Attorney): Madam Chair, I just needed to clarify because the
ethics opinion, we were going to look at the ethics opinion with regard to what
Commissioner Carollo asked. The Florida Bar opinion is what would matter for
purposes of --
Chair King: Conflict.
Ms. Mendez: Right. So, I just wanted to be clear that that's what --
Chair King: Yes.
Ms. Mendez: -- Commissioner Gabela understood.
Commissioner Gabela: I understand.
Ms. Mendez: Okay.
Commissioner Reyes: Okay, Mr. Keuhne, as I said, you are an excellent attorney.
That's nothing personal. It's just that I -- it is what it is. And I hope I never need
your services.
Ben Keuhne: But if you do, I'm here for you.
Commissioner Reyes: Okay, thank you.
DISCUSSION ITEM
DISCUSSION BY COMMISSIONER PARDO REGARDING HIS
REQUEST TO THE CITY COMMISSION TO CENSURE
COMMISSIONER CAROLLO.
RESULT: DISCUSSED
Commissioner Pardo: Madam Chair, can we call the censure?
Chair King: Do 1 have a motion? I'm sorry.
Commissioner Gabela: Motion.
Chair King: Okay, first, let me say this is my first tirne having this. So, if our City
Clerk can walk us through what needs to happen.
Todd B. Hannon (City Clerk): Yes, ma'am. So, pursuant to Section 561 of Mason's
power of legislature to discipline members, the legislative body has the right to
regulate the conduct of its members and may discipline a member as it deems
appropriate, including reprimand, censure, or expulsion.
Chair King: Do 1 have a motion?
Vice Chair Carollo: Does that include, since one member of this body has gotten up
Commissioner Gabela: Which you came to me --
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Vice Chair Carollo: Only -- only --
Commissioner Gabela: -- for a 65-year-old man that has a problem, you came to me
the other day right here on that --
Chair King: Commissioner Gabela, can you wait until I recognize you?
Commissioner Gabela: No, no, no, because now he's going to lie. He's going to lie.
Vice Chair Carollo: I'm sitting down here. And the video is there.
Conmaissioner Gabela: But that's -- yeah, the video is there, and the video should be
there --
Vice Chair Carollo: We can show the video again and (UNINTELLIGIBLE).
Chair King: Commissioner Gabela.
Commissioner Gabela: -- when you came over to me --
Vice Chair Carollo: No.
Commissioner Gabela: -- about two weeks later to make peace with me and give me
your hand, right there --
Vice Chair Carollo: I was sitting right here --
Commissioner Gabela: -- that I thought -- I got away because I don't want any
trouble with you. I got on the other side, and you came to me. That doesn't look like
you're scared of me, Carollo, for a 65 year old man. You came to me to --
Chair King: Commissioner Gabela.
Commissioner Gabela: -- right here.
Chair King: Okay.
Vice Chair Carollo: Well, the --
(COMMENTS MADE OFF THE RECORD)
Vice Chair Carollo: I see --
Commissioner Gabela: Give me a break. You want to use that one?
Chair King: So, Commissioner Gabela and Commissioner Carollo, if we have
another outburst, I'll recess this meeting so that we can all calm down, take a
breath, take a beat --
Commissioner Reyes: Let's have a break. Can we --
Commissioner Gabela: Let's have a break.
Commissioner Reyes: -- take a five-minute break?
Commissioner Pardo: Can we vote on the censure?
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Commissioner Reyes: Let -- let me --
Chair King: Commissioner.
Commissioner Reyes: Let me give you my 10 cents on it. I know -- I know, and I'm
totally -- I'm opposed of any adjectives or accusations that have been made in
public. You see, I don't believe that's the proper language that our people deserve,
and it -- as I also want to add, that I have seen and I heard attacks of everybody, you
see? I mean, against Carollo, against me, and against everybody here. What I will
go along is to censor; it is the language, the language that was used. And 1 would
really vote against censoring the adjectives and all the name-calling and preclude
anybody to, 1 mean, using it in a public, I mean, radio station or whatever it is,
because there is no need for that. You see, 1 can be totally, totally, totally opposed to
one of you or whatever proposals you have, but I don't have to call you names and I
don't have to, I mean, that's what I want to censor, not a specific person, but let's
censor that and make sure, and I'll go beyond that, you see, and if it is legal, let's
censor that type of language, you see, and have some -- make some consequences on
a person that uses that language again. You see? Okay? I mean, those accusations,
because you cannot go into -- into a radio station and say, Manolo Reyes, he is
corrupt, you see, and then expect that I'm not going to say something against you.
You see, I (UNINTELLIGIBLE) I mean, lapdog or whatever. That's uncalled for.
Our people don 't deserve this. And our people don't -- I agree with you, Madam
Chair. The election is over. Let's move on. Let's -- and there are a lot of streets that
need to be repaved. There are a lot of drainage that have to be done. There is a lot of
housing that we have to look for, you see? There are a lot of things that we have to
do, we can do to benefit our people. That's why they elected us. You see, I have been
called names during my, campaign. I mean, I have, if anybody has had, I mean,
dealings with campaigns, it's me. I ran seven times, you see? And during all those
seven times, there have been attacks on me, you see? I mean, from being too old,
whatever it is, that I have fallen asleep, which is not -- it is not true, I'm a young
man. No, I'm sorry. Once -- the -- the votes are tallied and you lose or you win, you
never forget. But it is over. It is over. Let's lookforvvard' please. Let's lookforward.
And let's -- I mean, let's censor that type of behavior. Let's censor that type of
behavior without naming anybody. You see, because all of us are going to be guilty
and we deserve to be censored because I have gone sometimes out of the way and I
have called people names. You see, let's censor that type of behavior. And I agree
with you. Let's censor the behavior.
Commissioner Pardo: But, Madam Chair, just to be clear, this censure is for
weaponizing government, and that's why 1 wanted the question called.
Vice Chair Carollo: Weaponizing government. Well, first of all, when -- when I
signed, and all of us signed, the papers that are given to us, it's a signature that is
given for our behavior up here. This body cannot control freedom of speech, and
certainly behavior outside of these chambers. We've even had in the past
commissioners that have gotten into .fights drunk, and they have never been
censored. The weaponizing, oh, that's a word that we have been hearing in your
friends that keep suing the City time and time again. So I'm not going to be not
surprised that that's a word that you want to use. Now, you know, Commissioner
Reyes, that a day doesn 't go by, that I, and now my wife is the main one they've used,
with all of Mr. Pardo's allies that I'm not being attacked, defamed, the war
corruption that I didn't use against him, I didn't call him corrupt in any of these
clips, is thrown against me and many others like water. In fact, now hiding behind
lawsuits, in motions that are being made, I and my wife are being accused and even
worse of what Commissioner Diaz de la Portilla was indicted for time and time
again. And I don't have any avenues to defend myself in these radio programs, these
blogs. The problem is that since I know how to defend myself when I go to a radio
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station or a TV station, whether in English or in Spanish, now they want to silence
me so 1 can't speak. And you know what? It's not going to happen. Because there's
nothing that 1 said there, nothing that 1 should be attacked for in this Commission. If
he had a problem with what I said, he had a right to go and ask to go into any of
those programs, and they would have given him the time so he could answer them in
any way that he wanted to. The time that I'm not given in other places that defend
him and attack me and call me all kinds of names and the word corruption is like
water. So, as you said, if I'm going to be condemned for this, everyone here is going
to at one point or another. This is unreal, that in something that is outside of this
body, that I'm going to be held in any way, shape, or form to anything that was
signed for how we behave up here. But even so, if Mr. Pardo was offended by
questioning the dollars that he allegedly put into the campaign, he should have gone
and answered them. Nowhere, even with the way that he cut all these programs, did I
say he did that. I questioned it, yes, like a lot of people have. And I've given here the
probable cause that anyone that would have looked at that would have to wonder.
How can you spend $48,000 or so, in two days, after you put 105, and around 42 of
it is for supposedly people calling or walking. That, as I stated, you would have
needed an army at $15 an hour for 16 hours a day. So you all can tell us how we're
going to play this from here on, but I'm going to defend myself. If I -- you know, I'm
not going to just put my head down and cower when I'm attacked, when I'm
defamed, when my, wife is attacked. Even my mother now that died is being attacked
by some of these same people, laughing at her.
Commissioner Reyes: How that?
Vice Chair Carollo: How's that? Well, very simple. You have one of them that was
here today saying that once the courts take my house and they put up for the
marshals to sell everything that I have, they're going to come in and take my
mother's fantasy jewelry, laughing at my mother like she couldn't afford to have
anything decent --
Commissioner Reyes: That's in poor taste, poor taste.
Vice Chair Carollo: -- and that they're going to buy it --
Commissioner Reyes.. Two wrongs don't make a right.
Vice Chair Carollo: -- and they're going to put it in their necks so they could be like
Walter Mercado.
Commissioner Reyes: Two wrongs don't make a right. Those people -- don't pay
attention to them.
Vice Chair Carollo: Well look -- but Commissioner, you know that this is happening
every day. Going up and writing on my wife, all kinds of lies that they're putting
down.
Commissioner Reyes: Yes. Yes; but we 're talking about the press. Now, we're talking
about us here.
Commissioner Gabela: Gentlemen, can we move on to the business at hand, like you
said, Manolo, can we move on to the business of that?
Commissioner Reyes: That's right. Let's vote -- let's get on.
Commissioner Gabela: Let's get on with is.
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Chair King: So --
Commissioner Gabela: Yeah, let's get on with it.
Chair King: -- I believe someone wants to make a motion.
Commissioner Pardo: He made the motion.
Commissioner Gabela: So how does this work? The -- what you were talking about
and what exactly does it entail?
Commissioner Pardo: Basically, I'm asking for the censure of Commissioner
Carollo based on FR.3, weaponizing government. And I'd like to make that censure.
So I'm making the motion to censure.
Victoria Mendez (City Attorney): Madam Chair?
Commissioner Gabela: And when you censure somebody, what actually, --
Commissioner Pardo: Censure.
Commissioner Gabela: Censure.
Commissioner Pardo: Yeah.
Commissioner Reyes: This -- this --
Commissioner Gabela: What actually is the -- no, I'm -- go ahead. I'm sorry.
Commissioner Pardo: It's a -- go ahead.
Commissioner Reyes: You see, I -- I believe that what we have to censor is the
speech, the way that we -- the accusation and the way that we behave against each
other. And there, that is very broad, because I'm going to -- listen, I am going to be
very honest, and -- and you know that I speak off my mind. I know, and I -- and I
don't condone when somebody goes into the radio, be it Carollo, be it one of you, or
even me, that we address any of our colleagues in a very -- in a, I mean, demeaning
way. 1 mean, that is not right, and that is not politics. I --1 do understand, you see,
and we cannot accuse anybody of being corrupt unless we have the proof And
corruption is a word that's being thrown around all along about the City of Miami,
and that's why I asked for all the things that I've been asking, the independent
auditor, the -- all the independent audits, you see. So we can take that cloud out of --
and if we are going to -- let's condone the -- the behavior and once and for all, be it
Carollo, be it me, be it you, or Gabela --
Commissioner Pardo: But in this case, you have legislation that's being introduced
in order to --
Commissioner Reyes: But it was --
Commissioner Pardo: Wait, let me just finish this -- this idea. You would have
legislation that's being introduced, that's being used as a narrative --
Commissioner Gabela: That's what I was about to say.
Commissioner Pardo: -- to attack someone, and the taxpayers are paying for all this
system --
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Commissioner Reyes: Yes.
Commissioner Pardo: -- just for a personal vendetta.
Commissioner Gabela: On the same token, you say not to do it to him but he's doing
it to him.
Commissioner Reyes: That -- that legislation died without a second.
Commissioner Gabela: But he tried to do it.
Commissioner Reyes: It is moot now.
Commissioner Gabela: But he tried to do it. He tried to do the same thing that he's --
tried to do it.
Commissioner Pardo: And I believe we should censure the Commissioner so that we
note it. It's noted.
Chair King: Gentlemen. Gentlemen.
Commissioner Gabela: Madame?
Chair King: Gentlemen, Madam City Attorney wants to say something.
Ms. Mendez: I just wanted to remind the commissioners that you have a fiduciary
duty to the City of Miami.
Commissioner Reyes: Yes.
Ms. Mendez: And certain legislation that is passed, that will just basically write a
blank check to certain litigants that we have right now does not uphold that fiduciary
duty so --
Commissioner Reyes: Yes. In other words, it could hurt us.
Miami if we continue in this. That's -- say it, Vicky, don't be
Ms. Mendez: No, the legislation as proposed right now by
you know, you might as well just write a blank check.
It could hurt the city of
afraid.
Commissioner Pardo is,
Commissioner Pardo: Which legislation?
Ms. Mendez: What you 're just proposing right now. It would be a resolution.
Commissioner Pardo: FR.3?
Ms. Mendez: No, the censure.
Commissioner Pardo: Oh, the censure.
Ms. Mendez: As you have proposed it.
Commissioner Reyes: Yes, that's why I'm saying don't do that. Don't do it. We're
exposing ourselves, you see.
Commissioner Pardo: I'm not sure that's accurate.
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Chair King: So we have a motion and a second. All in favor?
Mr. Hannon: Chair, my apologies, Commissioner Gabela, did you second
Commissioner Pardo's motion?
Commissioner Gabela: I was asking a question and then they tell me that we waste
time. Then Carollo talked about ten minutes, and I respect him because he has the
right to talk. Then when I talk, you know what 1 mean, and 1 was asking the question,
what exactly does censure entail? What does it entail? 1 was asking you the question,
Madam City Attorney, without pointing to you. I was asking the question, and I never
got the answer because, you know, somebody else was speaking. So, can I --?
Ms. Mendez: I apologize. I thought you were asking Commissioner Pardo what he
wanted.
Commissioner Gabela: No, no, I was asking --
Ms. Mendez: Well, unfortunately, I didn't have the opportunity to know about this
legislation --
Commissioner Gabela: Okay, alright.
Ms. Mendez: -- and I don't know what --
Commissioner Gabela: Oh, so you don't know -- you don't know the answer.
Ms. Mendez: Right. I don 't know what Mr. Pardo wants.
Commissioner Gabela: Would you enlighten me on what this entails?
Commissioner Pardo: As far as 1 know, this is a censure. It's a notation. It has
nothing other than serves as the purpose of a warning to a sitting commissioner
based on behavior that's not appropriate, that's not working on behalf of the
residents of the city.
Vice Chair Carollo: That's exactly what you've been asked to do today. So then your
friends from Ball & Chain's attorney could bring it in in a motion to the courts at all
levels, and they will be using it time and time again to see how they could get tens of
millions of dollars from the City.
Chair King: Let's -- okay. I've heard enough. We have a motion and a second.
Commissioner Gabela: So --
Mr. Hannon: Chair. So, Commissioner Gabela, you are seconding the motion?
Commissioner Gabela: May I -- I'm not --
Mr. Hannon: No, no, understood. I'm just trying to make sure the record is
completely, clear on this.
Commissioner Gabela: So, what it means is that you are giving a warning of better
possible conduct, because we're having bad conduct. But nothing really happens.
Commissioner Pardo: That's as I understand it.
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Commissioner Gabela: Okay. Now --
Commissioner Reyes: You see --
Vice Chair Carollo: This body could give me a warning --
Commissioner Gabela: I'm only asking.
Vice Chair Carollo: -- it could give any one of us a warning.
Commissioner Gabela: I'm only asking.
Commissioner Reyes: Yeah, let's give him a warning.
Commissioner Gabela: I'm not fighting. I'm not --
Commissioner Reyes: A warning that -- but let me tell you this, if we are, and believe
me, I'm not in favor of anything that was said and all of that, because that is not my
style and I am totally opposed to that and I think that we have to put a stop to it, you
see?
Commissioner Gabela: I agree.
Commissioner Reyes: Okay? We have to put a stop to it. And -- and -- but if we start,
I'm not an attorney, but if we start censoring --
Commissioner Gabela: Ourselves.
Commissioner Reyes: -- legislation because of the legislation it is perceived as
weaponizing it, or to use your words, or whatever it is, or punishing, then whatever
we propose could be also be censored. And that's my point, Commissioner Pardo. I
mean, lets warn, let's --
Commissioner Pardo: I'm perfectly happy calling it a warning.
Commissioner Reyes.. Okay. A warning for the behavior that you shouldn't do to
anyone.
Commissioner Pardo: For introducing legislation that was inappropriate.
Vice Chair Carollo: Commissioner.
Commissioner Reyes: No, future legislation, when you try to condemn legislation,
you are handcuffing yourself.
Vice Chair Carollo: Commissioner Reyes.
Commissioner Pardo: No, no, no, it's the existing legislation that was introduced.
Commissioner Reyes: But it was voted down. That's it.
Vice Chair Carollo: Commissioner Reyes.
Commissioner Reyes: That's it.
Vice Chair Carollo: First of all, on the legislation that was voted down, it's very
simple. I don't know why there's such a concern of that legislation. All that that
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legislation said that if anyone running for office in the future that is going to put over
a thousand dollars of their own funds into their own campaign, that they should
show where the funding came from, through loans, bank accounts, whatever the
means. I don 't know why that should he so troubling to anyone. Secondly of all --
Commissioner Pardo: Because it was aimed at me.
Vice Chair Carollo: Secondly of all, no, sir, that was aimed to the future. You were
in the past. This is in the future.
Commissioner Pardo: You discussed them and you said it was basically aimed at me.
Chair King: Commissioner Pardo, he is correct. He did say that it would not apply
retroactively, so it would --
Vice Chair Carollo: Yeah.
Chair King: -- apply to anyone in the future.
Vice Chair Carollo: You can't make it retroactively.
Commissioner Pardo: And that it applied to me.
Chair King: And, Commissioner -- Commissioner --
Vice Chair Carollo: Having said that, and I'll finish with this. Commissioner Reyes,
we can direct, try to guide our behavior up here in the dais. But how can you guide,
censor anyone how they behave inside? Is the next one going to be, you know, that
we're going to be guided and censored in our own bedrooms too? You know, this is
the kind of crap that happens in Venezuela, that happens in Havana, in Moscow, in
China, that if you go out and speak publicly, they're going to chastise you and try to
cut you off. This is why Maria Corina Machado in Venezuela, they've taken her out
to run for office now.
Commissioner Reyes: (INAUDIBLE) you know, what I'm saying is, what I'm saying
is that we should behave and our conduct should be becoming of an elected official
where people have placed their trust in us, you see, that's what I'm saying. Fin not
saying that you cannot talk. You can talk whatever you want, but that doesn't mean
that it is right. I mean, you're going to say, please, don't do that. Let's show some
respect for the people that are there and voted for us. They don't want to see this
spectacle that we have now. What they want to see is us making decisions that are
going to benefit their quality of life. And that's what I'm saying. It is not Venezuela,
it is not Cuba, nor Corina Machado. It is what it is. We are -- we have the tendency
of going and insulting and talking, and that's, unfortunately, that's what politics
have become, particularly in the City, ofMiami, which is shameful, you see.
Vice Chair Carollo: Why --
Commissioner Reyes: I mean, and we -- I think --
Vice Chair Carollo: But why programs that were done three months back or two
months back, or more, why are they all of a sudden being brought up now with the
excuse that it's because --
Commissioner Reyes: I don't know.
Vice Chair Carollo: -- of this ordinance is here?
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Commissioner Reyes: I don't know.
Vice Chair Carollo: Well, I'm going to tell you why. Precisely, so that could then be
used in court papers against me and the City.
Chair King: Thank you. Thank you all.
Ms. Mendez: Madam Chair, as drafted, I'm sorry, as -- not drafted, as mentioned by
Commissioner Pardo, that resolution requesting that with the whole weaponizing
language and all that will be used in whatever case we have pending now.
Chair King: I understand. Madam City Attorney, I understand. I'm trying to move
past this, if that's okay with everyone. I think we've spent an hour, and if we haven't,
it has felt like an hour. And I am not in favor of censoring anyone, because as you
can see, when one of my colleagues feels passionate about an item -- they are
passionate about an item, this happens. This has happened with Commissioner
Gabela. It just happened again when he got up. He was -- it has happened with our
Vice Chair. He started (UNINTELLIGIBLE) --
Commissioner Gabela: Madam Chair, I got up to show you what had happened.
Chair King: I know, but it --
Commissioner Gabela: I didn't get up to do anything to anybody.
Chair King: You didn't, but it is not --
Commissioner Gabela: No, but, but -- come on.
Chair King: -- it -- you see how you're interrupting me?
Commissioner Gabela: Yeah, I am.
Chair King: Because you feel passionate about what I'm saying.
Commissioner Gabela: No, I'm not trying --
Chair King: You don't agree with me and then you -- you interrupt me. The same
thing happens with Vice Chair, with Commissioner Reyes. Not so much with
Commissioner Pardo.
Commissioner Reyes: Guilty, guilty. I'm guilty.
Commissioner Gabela: But, but you know, gentlemen, you know, gentlemen, this
thing --
Chair King: You see?
Commissioner Gabela: -- that's happening today happened last year where this
gentleman and I were not here, okay? So, let's not make it like we're the
troublemakers here --
Chair King: I didn't say anybody --
Commissioner Gabela: -- you know what I mean?
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Chair King: See?
Commissioner Gabela: Okay.
Chair King: I -- I --
Commissioner Gabela: Alright, just want to clear the record.
Chair King: -- didn't say anybody was a troublemaker.
Commissioner Gabela: Just want to clear the record.
Chair King: What I said was --
Commissioner Gabela: And the reason I got up is because he was going to tell you
that got up one day and that said, let me just tell you, after that, two weeks after --
Chair King: Yes.
Commissioner Gabela: -- he went over there to make peace with me --
Chair King: And you wanted to show --
Commissioner Gabela: -- and I got to the side because I didn 't want any problems. I
don't want to be accused of anything. Period. End of story. And that's why I got up.
Chair King: But Commissioner, do you see --
Commissioner Gabela: That's all. And now, I'm going to be quiet.
Chair King: -- that I started speaking and -- exactly.
Commissioner Gabela: I'm going to be quiet.
Chair King: So, what I'm trying to point out to everybody is that when you feel
passionately about being wronged, that there's no holding you back, is all I'm trying
to say. When you feel like you've been attacked, you feel like you've been wronged,
we have these passionate conversations, these passionate dialogues. Let's move
forward. You have a motion and a second. All in favor -- Todd.
Mr. Hannon: Commissioner Gabela, so you have seconded the motion. Is that
correct?
Commissioner Gabela: I -- it's a warning, right? It's what it is. It's a warning. But
really, it has no teeth. It's just a warning.
Ms. Mendez: Not as -- not as stated. It is stated that he is going to be censured, for
weaponizing the government.
Commissioner Pardo: I'll go ahead and withdraw the motion. I think the point has
been made.
Commissioner Reyes: It's been made. Thank you, sir.
Chair King: The motion has been withdrawn.
Commissioner Reyes: Great. You show a lot of leadership. Thank you.
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Chair King: Do 1 have a motion for FR.5?
Vice Chair Carollo: And to the illustrious PR (Public Relations) person hired by Ball
& Chain, through his firm since 2018. Please, if the Carollo name ever is in the
ballot again, make sure when you and your wife go and vote, you're living in the
district or in the location where you voted.
Chair King: Sony, I was so distracted by --
Vice Chair Carollo: They even had a representative that cane just a little while ago
Commissioner Reyes: We are over that.
Vice Chair Carollo: -- to sit down here to listen to all this.
Commissioner Reyes: No, no, we are over that.
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NA.6
15748
Office of the City
Clerk
DISCUSSION ITEM
UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE
CONDUCTED AT THE APRIL 11, 2024 MIAMI CITY COMMISSION
MEETING. THE PERSON CHAIRING THE CITY COMMISSION
MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN
ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR
PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE
MATTERS OF GRACE, INC.; ENGAGE MIAMI, INC.; SOUTH DADE
BRANCH OF THE NAACP; MIAMI-DADE BRANCH OF THE
NAACP; CLARICE COOPER; JARED JOHNSON; YANELIS
VALDES; ALEXANDRA CONTRERAS; AND STEVEN MIRO V. CITY
OF MIAMI, CASE NO. 1:22-CV-24066-KMM, PENDING IN THE
UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF FLORIDA, CITY OF MIAMI V. GRACE, INC.;
ENGAGE MIAMI, INC; SOUTH DADE BRANCH OF THE NAACP;
MIAMI-DADE BRANCH OF THE NAACP; CLARICE COOPER;
JARED JOHNSON; YANELIS VALDES; AND ALEXANDRA
CONTRERAS, CASE NO. 23-12472, PENDING IN THE UNITED
STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT,
AND AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INC. V.
CITY OF MIAMI, CASE NO. 2023-023038-CA-01, CURRENTLY
PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO
WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF
THE MEETING WILL BE CONFINED TO SETTLEMENT
NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO
LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL
BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON
THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT)
AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE
SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY
COMMISSION, WHICH INCLUDE CHAIR CHRISTINE KING, VICE-
CHAIRMAN JOE CAROLLO, COMMISSIONERS MIGUEL ANGEL
GABELA, DAMIAN PARDO, AND MANOLO REYES; THE CITY
MANAGER, ARTHUR NORIEGA, V, THE CITY ATTORNEY,
VICTORIA MENDEZ; CHIEF DEPUTY CITY ATTORNEY JOHN A.
GRECO; DEPUTY CITY ATTORNEYS GEORGE K. WYSONG AND
KEVIN R. JONES; OUTSIDE COUNSEL CHRISTOPHER N.
JOHNSON AND GEORGE T. LEVESQUE. A CERTIFIED COURT
REPORTER WILL BE PRESENT TO ENSURE THAT THIS
SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL
BE MADE PUBLIC UPON THE CONCLUSION OF THE
LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT
SESSION, THE REGULAR COMMISSION MEETING WILL BE
REOPENED AND THE PERSON CHAIRING THE COMMISSION
MEETING WILL ANNOUNCE THE TERMINATION OF THE
ATTORNEY -CLIENT SESSION.
RESULT: DISCUSSED
Chair King: Perfect. And Madam City Attorney?
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ADJOURNMENT
George Wysong (Deputy Attorney): Okay, we have a script for the shade session that
we just attended for the next City Commission meeting, so let me read that real quick
and then I'll read the script for the --
Chair King: What, we have to have another shade meeting in the --
Mr. Wysong: In the GRACE (Grove Rights and Community Equity) case.
Chair King: April ll th?
Mr. Wysong: Yeah, just in case.
Victoria Mendez (City Attorney): (INAUDIBLE).
Chair King: Okay.
Mr. Wysong: So, Madam Chair and members of the Commission, pursuant to the
provisions of Section 286.011, (8), Florida Statutes, I am requesting that at the City
Commission meeting of April 11, 2024, an attorney -client session closed to the public
be held for the purposes of discussing the pending litigation in the matter of GRACE
(Grove Rights and Community Equity), Inc., Engage Miami, Inc., South Dade Miami
Branch of the NAACP (National Association for the Advancement of Colored People),
Miami -Dade Branch of the NAACP, Clarice Cooper, Jared Johnson, Yanelis Valdes,
Alexandra Contreras, and Steven Miro versus City of Miami, Case Number 1:22-CV-
24066-KMM, pending in the United States District Court for the Southern District of
Florida; City of Miami versus GRACE, Inc., Engage Miami, Inc., South Dade Branch
of the NAACP, Miami -Dade Branch of the NAACP, Clarice Cooper, Jared Johnson,
Yanelis Valdes, and Alexandra Contreras, Case Number 23-12472, pending in the
United States Court of Appeals for the 11 th Circuit; and American Civil Liberties of
Union of Florida Inc. versus City of Miami, Case Number 2023-023038-CA-01,
currently pending in Circuit Court of the 11 th -- in the -- in and for Miami -Dade
County, Florida, to which the City is presently a party. The subject of the meeting will
be confined to settlement negotiations or strategy discussions. The private meetings
will begin at approximately 10 a.m. or soon thereafter as the commissioners'
schedules permit and conclude approximately one hour later. The session will be
attended by the members of the City Commission, which include: Chair Christine
King, Vice Chairman Joe Carollo, Commissioners Miguel Angel Gabela, Manolo
Reyes, and Damian Pardo, the City Manager Art Noriega, V, the City Attorney
Victoria Mendez, Chief Deputy City Attorney, John A. Greco, Deputy City Attorneys,
George Wysong and Kevin R. Jones, outside counsel Christopher M. Johnson and
George T. Levesque. A certified court reporter will be present to ensure that this
session is 'idly transcribed and the transcript will be made public upon the conclusion
of the litigation. At the conclusion of the attorney -client session, the regular
commission meeting will be open and the person chairing the commission meeting
will announce the termination of the attorney -client session.
The meeting adjourned at 9:18 p.m.
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