City Council - Regular Meeting

I not yet. Mhm. Good evening everybody and thank you for coming. We will be calling the meeting the meeting to order, meaning we're going to start the meeting and we'll keep you informed as far as the progress of the meeting. Um, madame clerk, um, can you please uh do the invocation? Sure. Lord, we ask for your continued blessing upon our city. We ask that you grant the members of this council wisdom and understanding in every decision they face. Amen. Very good. Pledge of Allegiance by Council Member Perez. But in absence of Council Member Perez, can you all rise? Thank you.

Repeat after me. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you all. You may be seated. Madame clerk, can you please read the meeting guidelines for tonight? For the record, at this time, the only council member present is council member Zagby. Therefore, there are not enough members to conduct business. The meeting guidelines, all lobbyists must register with the city clerk. As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the council chamber. A maximum of three speakers in favor and three speakers in opposition will be allowed to address the council on any one item. Each speaker's comments will be limited to three minutes. No signs or plaque cards in support of or in opposition to an item or speaker shall be permitted within the council chamber. Any person interested in making comments or posing questions on matters of public concern or on any item on the agenda may do so during the meeting. Members of the public may address the city council on any item pertaining to city business during the comments and questions portion of the meeting. A member of the public is limited to one appearance before the city council and the speaker's comments will be limited to three minutes. Individuals should be respectful of the elected officials and staff and make every effort to speak with a moderate tone using appropriate language and avoiding personal attacks. Members of the public in the audience shall refrain from shouting or making remarks from their seats to the mayor, council members or staff sitting on the de. The public can view public meetings on the city's YouTube page.

Thank you, Madam Clerk. Yes, sir. Council members. Yes, sir. Council President, as you know, um if there is no quorum, and in fact that turns out to be the case, um we're going to ask the city clerk to read certain administrative and zoning items into the record u so we can show what those items are and the date they're being continued to. Thank you. Thank you, sir. Would you like to do that now and get it out of the way or would you like to do it after the comments and question? I think after the comments of course.

Okay, very good. There will be no presentations for tonight. There were two presentations scheduled, but due to the fact that the sponsors of these presentations are not here, we will skip that and we will go again. As the city attorney said, when there is no quorum and no remainder of the meeting after a few minutes, uh we are not obligated to hear any of the persons who are uh listed or scheduled to speak, but I will allow it today. I only ask that please uh we'll keep it strictly within your allotted three minutes to speak. So that being said, uh madame clerk, who's our first uh speaker?

Mark Canales. Miss Canales, when you come up, your full name and your address, please. Thank you. And and keeping uh cognizant of the clock. Is it on? Okay. um trying to figure out. I like the tiara. There's a reason for it. Okay. [laughter]

Um Barbara Canales, 1681 West 68 Street, Halia, Florida, 33014. Uh in behalf of Hyia uh citizens, so stop spending. It's too bad that nobody's here, but $200 and fix the water plant to its full capacity. The following is an equation. This is how it goes. Incompetent leadership plus incomp plus hypocrisy equals hyalia city hall. Why incompetent? Instead of giving away $200. Where is it coming from? Things that make you go hm. Fix the Halia water plan. It's to to his foot capacity. Pro pl uh plumbing problems. Well, figure it out. Starting by saving the money. $200. Hello. Hypocrisy. A few months ago, I came and gave a speech to stop destroying the canopy in my neighborhood. Yet, there's a plan for 2050 to build sidewalks with canopy. Hello. I already had it, but the city of Haley went and cut all the canopy. It's gone. 2025. All the canopy. It's gone. Not there anymore. This is why I'm wearing the tiara because I'm the queen of disappointment. But each and one of you, it's sad. And in be and [laughter] so not only that that why do you going to have spend

money for 2050 to build sidewalks that will we have plenty of sidewalks no canopies at all that's why I feel I pro I feel like a tennis ball player I hit the ball I hit the ball but getting nowhere because all the canopy gone. You drive through Hyia, there's no canopy. And yet the H city of Halia will spend money to create canopies. Isn't that hypocrisy? Stop cutting the trees. Let it grow like Carlos Hernandez did. Nobody cut those trees. They were not allowed to. Oh no, not with him. Now all the canopies gone. So stop spending money that we do not have. Instead, use it to fix the water plant to full capacity. And that's how the city will save us, the city of Valyia residents money in a water bill. That's what we need. And stop the 2050 construction. save it for the to fix the water heater for the pool for my lander park for the children's to use it. Thank you.

Thank you. I couldn't agree with you more on every point that you made tonight. And to answer the question, where's the $200 supposed to come from? Taxpayer dollars. We're stealing from Peter to pay Paul. It's not. We're not printing the money. You're absolutely right. Your words are not going to fall on deaf ears. Thank you for your words tonight. Thank you. Next speaker, Madam Clerk. Damn Perez Rodriguez.

Ma'am, your full name and address for the record. Thank you. Yes. Yes. My name is Damn Perez Rodriguez and I live at 1717 West 68th Street. Hello. Good evening. Hello.

I'm here today because I made a mistake and it was just to Google dimensions to have an RV in Halia City. I bought the RV following all the measurements from the size of the trailer itself to the space within property lines. After 3 months of living with my family's um one of my family, American dreams, I received a letter from the city stating no or town houses. Yes, I live in a townhouse with no association but still townhouse. I understand laws are to be followed, but this law does not make any sense to me. And here are my two questions which are the main reason I came today in front of you. Why can I have a boat in a townhouse and not an RV when both are recreational, require similar parking space, and also have similar dimensions? Why can I have an RV in a single family home and not in a townhouse when I can illegally rent it in any of them? And I honestly think it's easier to rent it in a house since I can have a bigger size. Well, the inspe the inspector that by the way has been very nice giving me one st extension to keep it at home until I decide what to do suggested me to either sell it or pay for a parking space. There is nothing my eight and 10 years old boys love more than camping, fishing, and being in a wild. So selling it is not an option. paying for a place to have it h to have it for a certain amount of money every single month. It's just not fair to me. I know my beautiful city of Aaliyah is famous for is famous for violations regarding our bees, but it's not fair that I have to pay for that. Thank you so much for listening and those are my two questions.

Thank you, Miss Rodriguez. Thank you for for telling us that uh zoning uh either Claudia does does she have a possibility of applying for an exemption on that on a townhouse or according to the ordinance that's not the case right now. Thank you through the chair Claudia Husband. Um, we will have to check the purchase u of the RV because the ordinance states that they can request relief through a variance um depending on the purchase date of the RV. Okay. Can you inform her how to reach your office? Yes, sir.

See if you have a route out of this. And pretty soon we're going to have a lot of new members of the council and and a new mayor. So, this also can be reconsidered. But in the meantime, Miss Hasbbo can tell you if you do have a recourse. Okay. Thank you. Next speaker. The next speaker identifies himself on the speaker card as Seymour Bush. Full name and um address for the record, sir. Please.

Yes, absolutely. Seymour Bush. Um so the I was planning on speaking to the whole council. Obviously, I don't want to waste everybody's time, but essentially we're just it's just touching on the same subject that we've touched in the past, which is there still seems to be a problem downstairs with the security saying that you have to show identification before entering the building and you have to let everybody know where you're going before, which is nonsense. I've already come in three times and that's it's just not the the police were cool enough to show up and honor their oath and just let them know, hey, it can be done. So when when the full council is here, I'll go ahead and address everything, but at least I'm talking to you about it, brother. Thank you, sir.

Thank you very much. And when you come back, we'll have the attorney, but let's not do that now. We'll have the attorney clarify. Sir, do you want to Yes. uh because of the same speaker uh we researched this and uh I believe that we put out an informal memo and in fact what we said was that uh while it is prevailing practice,

okay, it is the norm in county and city halls to request ID and uh you know to uh sign someone in that there is no legal mandate to do so when the rubber hits the road. So, uh, you know, um, most everywhere that that I am familiar with has some variant of that rule. But when Bush comes to shove, if someone raises an objection, uh the the one thing I do want to point out that that uh you know, not to get too much into the weeds on this, but uh the distinguishment is between going into the building itself, which is let's say a governmental building, and actually entering into what we would call a limited office of a a particular employee or department that is not open to the general public. That is different. But in terms of entering u that's uh enter without uh uh displaying a a proper ID

if if he's insistent on not doing so. Yes. There there is no law that uh you know that that says you must. It's just it is the norm and it's community practice and it's governmental practice but there's no uh you know I mean you know we're Thank you. And and I will say that so in in in as of recent the the security downstairs um was trying to keep you from entering at all cost and it's just it's just not we'll we'll let them know. We'll update them on that.

Yeah. Well, that was my my recommendation was going to be that the memo be updated and that they become because her boss knows now and she wouldn't even give her name. She just zipped up and said, "No, I'm not speaking." And that's that's a public experiment, you So now you do understand. I get you. Yeah. Yeah. No, I got you. And and you do understand what he means by it's a public building, but it has limited access at some point to the building. It's a limited public form. I got it. Absolutely. Thank you, sir. Yeah. Thank you, brother. Thank you. Have a good one. Thank you. You too. Next speaker, please. Jose Azie. Uh Jose full name and address for the record and please be cognizant of the your three minutes, sir. Thank you. Chris.

Yeah. Thank you. Go ahead, sir. All right. Good evening, everybody. Jose AI, 788 Southeast Park Drive. Before I I get into the picture, I wanted to speak today as a retired employee. I worked 30 years in parks and recreation and I retired um 12 years ago. This is a this is a picture from 1995. I wanted just everybody to see it. In 1995 I was director of of uh Wild Park just to see what like I I came here to speak against a $250 rebate that we're going to give the residents, but that's we're not going to discuss that today. That the people that are really hurting from all this are the employees. You know, we were here in the budget and and we were everybody talks about, oh, wasting government, wasting government. We were 3 weeks looking at the budget. Nobody found any waste in the budget. Nobody. And then we we cut essential services, you know, not just I speak on parks and recreation because that's where my experience is. But police, fire, same thing. We had essential services that needed update. It's not happening. And the employees can do the impossible. You know, I I used to have a when I worked he this director would tell me cuz I would coach teams and when you have bad talent, you can't win. He would always say, "You can't make chicken soup out of chicken shit." You know, like you got to have the employees and they they don't have the employees. You know, one of the things Parks and Recreation was working on was was in the past Columbus Day, we we were the only city in the state of Florida we were closed for Columbus Day when we know, you know, the parks and recreation director was trying to open that up with this budget. It's not going to happen. We only have one pool in operation now. Good lip I mean McDonald pool. You know he's trying to open more pools but we don't have lifeguards. That's why we had to privatize it. And you know he can't

do anything. You don't have employees you can't open you can't have services and so hence we had to privatize and it hurts me when when the residents of Dorado are using so many of our parks you know because they could afford like the $2,000 that private league is charging a man in the park. So I I just you know it's really hard to be a a note employed a politician because everybody keeps talking about you know lowering taxes lowering taxes. You can't you can't keep lowering because this is what we have you know not just in parks but police is hurting fires hurting you know it's it's um I want to talk about the police department. One of the reasons why we have such a good police department because we have these sergeants that have 20 25 years experience but when they're gone we have all these rookie officers. is, you know, we're going to have like semi- rookie officers as sergeants. We have to do something to retain the police and and the the hierarchy. You know, it's like, you know, what's the the straw that's going to break the camel? Yeah. Lower taxes. But, you know, people cost now like $7 a packet. Laave coffee cost. People are still paying it, but yet everybody's running right now in the elections. All I'm going to eliminate your taxes. I'm going to lower your taxes. That's crazy. And one thing that Mr. Zagby, I was talking to I mean, sorry, Council President Zagby, like you have a big responsibility because the early polls say Melinda's going to get reelected. Jayen Perez is going to get reelected. You're going to have a very young staff, man. You have a lot of talent. You have a lot of experience. When you want to, man, you could do a lot of good. Like, God put you there in reason and like you're going to be the steering person in the new council. You know, you have a big responsibility and God gives you a lot of talent. He he he re he he respects a lot from me, you know, and and uh I know you could do it and we're going to do it. It's just election season and we'll be over this nonsense. Thank you.

You're on point, sir. And I appreciate your words. And I want to clear something up for your benefit and for Barbara's benefit, Barbara Canales. Uh the word, the information has been put out there by some people toing and trying to get credit. Oh, we just saved you. We're going to give you back $200. That's not the case. that has not been completely approved yet. I for one am not for it and I've heard your voices now. I'm not for it. The second reading which would make that decision official or kill it would have happened tonight. But shamefully we have no quorum. So don't worry about that yet. We pretty soon will have new council members uh a new mayor and we will uh reconsider that. and your words are clearly heard. And and again, I want everybody in the public to know and whoever is listening, the millions listening across the world, around the world, online, like they say in boxing matches, this is not a done deal. The $200, people have been asking me, "When do I get it?" I said, "Well, it's not completely approved yet. Tonight would have been the second reading to, like I said, either approve it or or kill it. So, there's time to to remedy that." Okay, very good. Next speaker. Thank you both of you.

There are no more registered speakers. Can I have uh Thank you, Madam Clerk. Can I have uh Eric Johnson, firefighter Eric Johnson, come up and say some words? Thank you. Uh Eric, keep it to half an hour, please. And thank you for coming, sir.

Thank you for being here in person. Eric Johnson, Haley Firefighters, Local 1102. Unfortunately, it will be a somber thing. I will say at 11:30 a.m. this morning, a Miami Beach police officer was traveling on I75 in the Gratney. Unfortunately, there was an accident. He veered off the road. And at 33 years old, he lost his life. He's a 10-year veteran of the City of Miami Beach Police Department. He's a motorcycle officer. He's a father. He's a husband. And he leaves behind a two-year-old, a three-year-old, and a 5-year-old. So, if everybody watching, if everybody in this room can just take five seconds, I'd appreciate it. May God watch over our first responders as we watch over you every single day. Thank you.

Thank you, sir. And God bless his soul. Thank you for bringing that important uh information, reminding us of what happened today. Thank you. Uh Madame Clerk, there are no presentations. The comments and questions are over. The law says we have to read certain of the zoning items into the record. They will not be voted on. There will be no discussion about this and I apologize in advance to all those people whether it be staff members, directors who have come in to her to to have their items heard consent agenda and to those people who took the time to come in that had zoning items. And I want to thank you for coming and I want to apologize for not having quorum. This is a shame that we didn't have quorum today especially when we have two people sitting on this dis who are running for mayor who should set the example. So that's a shame. So I apologize in advance. We will read your items as a formality into the record but there will be no discussion and then uh I guess there is no quorum madame clerk. No, not enough quorum for us to suggest a special meeting and there is no mayor present or interim mayor in this case to also suggest a special meeting. So it appears that it'll probably be scheduled for the next regularly scheduled meeting. So anybody who had a zoning item or any other items internally administrative or consent, we will double up the uh second Tuesday of November that meeting and then uh hear all of those items at that point. So, madame clerk, read the first uh item into the record.

So, it'll be the third Tuesday of November. A special meeting for November 18th. November 11th is cancelled for Veterans Day. All items on today's agenda will be considered on November 18th, 2025 at 5:30 p.m., including the following. Caesar, why are you leaving?

I'm sorry. Go on. Second reading and public hearing of proposed ordinance providing a rebate of $200 as is set forth in the annual budget to city of Helia property owners within the city who have a current homestead exemption under section 196.031 Florida statutes payments to be made by the city between November 1st, 2025 and December 31st, 2025. Repealing all ordinances or parts of ordinances in conflict here. Providing for penalties for violation hereof. providing for a severability clause, providing for an effective date, and a sunset clause. This item will be renoticed to reflect second reading on November 18th, 2025 at 5:30 p.m. Second reading and public hearing of proposed ordinance repealing and rescending Hyalia ordinance number 2023-031. Attached here to us, exhibit 8, granting a special use permit to allow the expansion of the neighborhood business district overlay pursuant to Hilia Code of Ordinances section 98-1630.8. 8 granting a variance permit to allow 40 residential units with an area ranging from 620 to 693 square ft where 850 ft is the minimum required and only 10% of the units may have an area less than 850 ft and a variance to wave the building mass and frontage development standards all contract to highly accord section 98-1630.2 and 98-1630.2 2 subsections C and D. Property located at 3875 West 16th Avenue, Hyia, zoned M1, Industrial District, repealing all ordinances or parts of ordinances in conflict here with providing penalties for violation hereof, providing for cerivity clause, and providing for an effective date, and allow only residential units where mixed use is required. This item will be renoticed to reflect second reading on November 18th, 2025 at 5:30 p.m. Proposed resolution approving the final

decision of the planning and zoning board. Decision number 2025-09 allowing a rear setback of 14.2 ft where 20 ft are required for an existing addition to be legalized. Property located at 3481 East 8th Lane, Hyia, zoned R11 family district, and providing for an effective date. This item will be renoticed to reflect consideration on November 8th, 2025 at 5:30 p.m. Second reading and public hearing of proposed ordinance reszoning property from R3 Multiple Family District to R33 multiple family district. Granting a variance permit to allow a living unit where parking spaces are provided. Allow an existing structure with the following setbacks. Rear setback of 6.91 feet where 20 feet are required. An interior east side setback of 2.1 feet where 10 feet are required. An interior westside setback of 1.2 feet where 10 feet are required. Allow a proposed three-story structure with the following setbacks. A front setback of 17.41 ft where 25 ft are required. An interior east side setback of 2.66 feet where 10 ft are required. an interior westside setback of five feet where 10 feet are required. Allow a total lock coverage of 46.80% where 30% is the maximum lock coverage allowed and to allow six parking spaces where seven parking spaces are required. All in contrast to highly accord ordances sections 98-595 subsection B 98-591 98-590 98-589 98-2189 sub9B and 98-2203 sub A property located at 76 West 14th Street Halia zoned R3 multiple family District and legally described herein. This item will be noticed to reflect second reading on November 18, 2025 at 5:30m. Second reading and public hearing of proposed ordinance granting a variance

permit to allow the expansion of an existing non-conforming 256 ft manual car wash. business granted by ordinance number 90-139 issuing a special use permit to allow said use on property zone B1 highly restricted retail district where manual car wash use has never been a permitted use in the B1 zoning classification where non-conforming manual car washes are only allowed on properties zoned C1 restricted retail commercial district and C2 liberal retail commercial district and where a declaration of restrictive covenants was profered in 1990 stating that the manual car wash would comply with sections A through G of ordinance 89-81, allow 104 parking spaces where the existing shopping center was approved with 106 parking spaces and where 115 parking spaces are required and variance permit to allow landscape mitigation of 15 canopy trees where only four canopy trees currently exist at the site that was originally approved with 20 canopy trees. All in contrast to Hilia code of ordinances section 98-2189 subsection 7 and section D subsection 12A of the Hilia landscape manual updated July of 2025 entitled waiver of minimum landscaping requirements landscape mitigation property located at 5350 West 12 avenue Halia zoned B1 highly restricted retail district and legally described herein repealing all ordinances or parts of ornises in conflict herewith providing penalties for violation hereof. of providing for a separability clause and providing for an effective date. This item will be renoticed to reflect second reading on November 18th, 2025 at 5:30 p.m. Second reading and public hearing of proposed ordinance granting a special use permit to allow a medical research center conducting clinical trials to test new drugs, devices, and other forms of treatments to operate in conjunction with an existing medical center.

property located at 4440 West 16th Avenue, Hyalia, zone C2, Liberal Retail Commercial District, and legally described herein, repealing all ordinances or parts of ordinances in conflict here with, providing penalties for violation hereof, providing for severability clause, and providing for an effective date. This item will be renoticed to reflect second reading on November 18th, 2025 at 5:30 p.m. That concludes the second reading items. Thank you. There's no more business we have to discuss. Is that so? No, sir.

Um, again, I apologize on behalf of the city that there were not enough elected members of this council to have quorum, what we call the minimum required persons to be able to take a vote on any of these items. I apologize for any inconvenience. We will see you all at 5:30 on November 18th. At this moment, today's meeting is adjourned.