Activist Criticizes Naming Developer Attorneys to Miami Zoning Review Group
Three attorneys for major Miami developers have been named to a committee that will recommend changes to the Miami 21 zoning code.
February 28, 2020 at 05:29 PM
3 minute read
Three attorneys for Miami's biggest developers will help guide a review of city building regulations on a committee reviewing the decade-old Miami 21 zoning code.
But Miami attorney and civic activist David Winker maintains service by Iris Escarra, Vicky Leiva and Melissa Tapanes Llahues violates a state law on conflicts of interest.
Escarra is a shareholder at Greenberg Traurig, Tapanes is a shareholder at Bercow Radell Fernandez Larkin & Tapanes, and Leiva is partner at Bilzin Sumberg.
The City Commission created the 12-member committee to recommend changes for a city facing sea level rise and an affordable housing crisis.
The flashpoint is a special area plan provision for large projects and their effect on historically minority residential neighborhoods.
SAPs and other real estate projects have proven divisive in Miami, pitting developers and their attorney against residents and activists who cite gentrification, more traffic and higher housing costs as unwanted results.
Escarra, Leiva and Tapanes represent most of the big developers before the city and will have front-row seats shaping the city's development regulations. Winker maintains It would be difficult for them to focus on the public's best interest rather than their clients' priorities.
"Miami has an image problem, and these appointments are the quintessential 'foxes guarding the chicken coop,' " Winker wrote in a letter Friday to City Attorney Victoria Mendez. She had no comment by deadline.
Winker argued the appointments violate the Florida Code of Ethics for Public Officers and Employees barring private employment and public office with conflicting interests.
Tapanes disagrees with Winker. She said commissioners carefully made their committee appointments to ensure representation of diverse interests.
Commissioners ensured fair and equitable representation precisely because they made their selections knowing stakeholders "may have an inherent bias or position they represent as a result of their education and experience," Tapanes said. "Using Mr. Winker's logic, no person who has ever worked with Miami 21 or is interested in the outcome of this public process would qualify to serve on this task force."
She noted the committee will meet in public and serves in an advisory role for the commission.
Escarra and Leiva didn't respond to requests for comment by deadline.
Mayor Francis Suarez and the five commissioners appoint two committee members each, although not all seats have been filled. Commissioner Manolo Reyes appointed Tapanes and Leiva and Commissioner Keon Hardemon appointed Escarra.
Reyes and Hardemon did not returned requests for comment.
The other appointees are developer Andrew Frey, urban designer and planner Juan Mullerat, Omni Community Redevelopment Agency director of planning and policy Adam Old and the Rev. Nathaniel Robinson.
Winker's letter said the Florida Ethics Commission in several previous cases interpreted state law as "barring service on advisory boards by persons that represent businesses that are subject to the regulation of such board."
Tapanes is registered with the city as a lobbyist for 75 clients, and Escarra and Leiva each are registered on behalf of 69 clients.
Committee members should be picked in a way that they would work to make "Miami 21 better … not better for certain people," Winker wrote.
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