City Commission - Regular Meeting

Thursday, September 10, 2026

The Miami City Commission met on September 10, 2026, holding multiple votes on code amendments, tree appeals, zoning items, and local board appointments.

About this meeting

Government Body
City Commission
Meeting Type
City Commission
Location
Miami, FL
Meeting Date
September 10, 2026

Transcript

722 sections

0:00 – 0:16Speaker 7

When severe weather strikes, power outages will occur. FPL's Storm Secure Underground program, which began in 2018, analyzes outage data from past hurricanes, vegetation-related service interruptions, and other reliability issues.

0:32 – 0:44Eileen Higgins

How you doing? We're going to kick this morning's meeting off, our first meeting in September, with a proclamation.

0:45Speaker 44

It is a little easier to do this.

0:46 – 1:28Eileen Higgins

Let me turn the double. We're going to honor a couple of people this morning and groups rather than individuals today who really make a significant difference in in our community. And one of those is the Florida Redevelopment Association. And it is fitting that Commissioner King and Commissioner Pardo, both who work in leadership roles at some of our redevelopment agencies, have put together this presentation and this honor, because this is actually Florida Redevelopment Week. So Commissioner King, let me turn it over to you.

1:29 – 4:18Christine King

Good morning. Good morning, everybody. Happy Thursday. It's been so long since I've been standing in this space. Can't say that I missed it. But we are back to do the work of the city, and I'm so happy to be a public servant in the fine city of Miami. Today, joined with Commissioner Pardo and I, we are celebrating Florida Redevelopment Week. I am the chair of the Southeast Overtown Park West And Commissioner Pardo is the chair of the Omni CRA. But also my colleagues sit on the board to make sure that we are good stewards of this money. Also joined here are the executive directors who really do the work. Carlos Suarez for the Omni CRA. and James D. McQueen from the Southeast Overtown Park West CRA, who also grew up in Overtown, which makes his job a calling, and it is his love of community that he serves the Overtown community with such passion. So I'm gonna read a little bit of this proclamation. Whereas the city of Miami recognizes community redevelopment as an important tool for revitalizing neighborhoods, strengthening local economies and commercial corridors, and improving quality of life through investments in infrastructure, public spaces, small businesses, housing opportunities, and community development, blah, blah, and blah, blah, blah, blah, blah. Whereas the city of Miami remains committed to the thoughtful, transparent, and community-centered redevelopment that strengthens neighborhoods, identity, expands opportunity, and builds a more vibrant and resilient city for the present and future generations. Now therefore, I, our mayor, Eileen T. Higgins of the City of Miami, together with Commissioner Christine King, that would be me, and my colleagues, do hereby proclaim Florida Redevelopment Week. And one thing that this proclamation doesn't include is the work that we do with organizations in the community. We use non-TIF dollars to support programs like the Overtown Optimist, Urgent Inc., Girl Power, which we can't do with TIF dollars, but we find a way. And I'm going to turn it over to Commissioner Pardo because he's also doing amazing things in the community, and we uplift small businesses as well.

4:19 – 5:11Damian Pardo

Thank you. I'll be very brief. I think what I want to emphasize is the public servant aspect of this and the love of community. I think in all of our offices and the people that do this work, there's nothing better than to see a community start being lifted up and to see whether it's programs or affordable housing units or outreach and meeting with organizations, to be able to feel that growth and that gratitude in an area and to be able to walk a block that looks different and that feels different because people are excited to be there. People are not worried in the same way or concerned as they were maybe a year ago. That's all the reward there is for this. It's really an amazing position to hold. So thank you for that. I want to turn it over, Carlos, to you and Mr. McQueen. Oh, come on, you guys. You have to say something.

5:11 – 5:36Speaker 70

I just want to say thank you for the opportunity of being the executive director of the Omni CRA, like our chairman, Commissioner Pardo, said. It is very, very fruitful when you see the labor of everything that you're doing in the community to build community. We're very active in the Omni area, and We have lots to do, we just passed our bond and we're committed to the community and we're building it one step at a time.

5:40 – 6:33Speaker 16

I don't know really what to say other than none of this would be possible without the support of our commission. And when I say our commission, I mean all of the commissioners, but The lady that serves as my boss, Commissioner Christine King, you do not know. Everybody looks at her and says, oh, she's so sweet. That's how I hear her. But behind closed doors, when she wants something done, she doesn't want it done later. She wants it done yesterday. So we couldn't do anything or get anything accomplished without her contribution to us. And Commissioner King, I'm talking about you. Thank you so much for your service.

6:36 – 7:36Christine King

All right. So, I would like to add that our colleague that just joined us is hopeful. He has fought tirelessly to get an... Turn around, I'm talking about you. He has fought tirelessly, and he is rolling a boulder up a hill to get a CRA for Alapata. He really is rolling a boulder up a hill. So this also includes Commissioner Gabela because he is trying with all of his might to get an Alapata CRA for his community who is in desperate need. of such an agency to help redevelop Allapattah. So I wanted to include him and allow him to have a word or two about what he's doing to try to improve his community through the CRA. Commissioner Gabella.

7:36 – 8:42Miguel Angel Gabela

Yes, ma'am. Thank you, Madam Chair, for the word. But yeah, I want, thank you, Chair Warren. Yes, we have been trying to establish the Allapattah CRA for about two years now. We are almost there. We have this meeting and one more meeting, and then we're finally established. And so we hope to bring a lot of the good things that happened in your CRA in southeast Overtown Park West and what happened in Damien's CRA in the Omni. A lot of you guys don't know if you remember it. I was a kid when the Omni in 1987, 88, and completely day and night of what it is today in your area, too. So we hope to make a lot of progress to do infrastructure, the affordable crisis that we have now with the rents and helping the infrastructure. So it really is, it's been an uphill battle, but we're almost there. And I want to thank you and all of the commissioners, Ralph, Commissioner Escalona, Commissioner Pardo, and all of you who helped me accomplish this. Without you, I couldn't have done it. So thank you very much. We appreciate it. Thank you, Mayor.

8:43 – 10:02Eileen Higgins

And next year, we'll have you sign in on this proclamation because the Alapata CRA will be the real deal. All right. In the picture, but you gentlemen need to get in the middle because, you know, you too. Carlos and, yeah, because you're being honored. All right. Okay, now back to redeveloping, gentlemen. Meanwhile, October, we celebrate a lot of things in October, but one of the things we do also recognize is National Respiratory Care Week, and that happens to be this week. A very, very important piece of work, particularly for our team from the Center at Jackson. And so let me turn this over to Commissioner Rosado, who brought this item and this recognition to us. Commissioner.

10:05 – 11:00Ralph "Rafael" Rosado

Thank you, Madam Mayor. Yes, this month we are celebrating National Respiratory Care Week. This is something that's actually very personal to me as I have a number of folks in my family that have respiratory issues, but what's really come to the forefront is the work that they did, particularly during COVID, when they were on the front lines, really more so than anybody else, and they were in an incredibly vulnerable position for doing so, trying to save the lives of everybody from young children to the elderly and everybody in between. This is something that is essential to each one of us at every stage of our life, the fact that we can breathe clearly. And so I want to recognize, in particular, my friend Rick Morgan, who is the lead respiratory therapist at Holtz Children's Hospital. But really, all of you are heroes on a daily basis in your own right. Thank you for helping us to breathe, which means thank you for helping us to live.

11:09 – 11:25Speaker 68

We really love to serve our community. This is what we do with passion. We are a group that we have many years of experience and that's what we do. We do community work and we work for our community and we're very grateful for the community of Miami.

11:27 – 11:47Speaker 1

Yeah, to reiterate what she said, we are definitely grateful. It's a labor of love to work at Jackson to give back to our community that I myself was born at Jackson Memorial, so being able to give back to my community in that capacity is an honor, and to be recognized here is a great honor as well. Thank you.

11:49 – 12:27Christine King

I'm going to thank Commissioner Rosado for doing this and bringing awareness to respiratory issues. I myself have asthma and I know what it's like not to be able to breathe freely and the work that you do to bring the awareness to the community and also what Jackson is doing. If any of you have ever had a moment where you couldn't breathe, it is so scary. It's beyond explaining When you're trying to catch your breath and you cannot. So thank you for the work that you are doing.

12:29 – 13:07Eileen Higgins

And I was reflecting back on my niece who, um, visited me this weekend and, um, told me she was having a baby. So anyway, I'll get another, another member of the family one of these days, but when she got COVID, she was quite young. She was 26 and she was one of the people that got long COVID and had to go through months and months of respiratory theory. in order to be able to breathe as she does today. So your work is not only life-saving, it is life-changing, and we're very grateful that you're here today. Thank you so much.

13:08Christine King

Anyone else? No?

13:10Eileen Higgins

All right, then we'll take a photo. Where do you need us to be?

13:14Speaker 34

Oh, we have to have the proclamation.

13:19Eileen Higgins

Who's taking the proclamation?

13:24 – 15:24Eileen Higgins

OK. Get in the middle. Yeah. All right, friends, we're just about to get started. We're returning from our summer break. Today's going to be a long day. We not just have commission. We don't just have commission. We also have our budget hearing this evening. So it's a perfect time for reflection. Thank you, Pastor Kinnard, for coming here today and sharing some words of hope and prayer with us today. Please rise if you are able.

15:31 – 17:43Speaker 11

Good morning, everyone. Let us pray. Eternal and gracious Father, we thank you for the opportunity with gratitude to serve the people of the city of Miami. May this meeting be given to those who serve the community. May every decision be made with grace patient, compassion for every resident. May you watch over our mayor, the commissioners, city administrators, staff members, and everyone who take part in this meeting today. Most of all, Father, I ask you to look upon those individuals whose voices have been lost, whose voices have not been heard, Father, let us give special care and attention to our children, to our senior citizens, to those who work in our community. The great work that we heard before the prayer that's already been done in our hospitals, in our communities. We ask that that work and those who can influence that work continue. with equity, justice, compassion for every resident. Father, may you look on this nation and give us the compassion and the wisdom that we need to be successful. And as we continue with the wisdom, the compassion for this great city of Miami, that you continue to look on the mayor and those involved in decision makings. Now, Father, we ask that this prayer be sealed today with your glory, with your presence, one faith, one hope, one baptism. Jesus' name, amen.

17:48 – 18:11Eileen Higgins

Before we do the pledge, maybe we also just want to take a quick moment of silence to recognize the lives that were lost in the terrible aircraft accident over the weekend. Those were members of our community that worked at the airport, and it is right and proper that we express our grief for them. Thank you.

18:23 – 19:27Eileen Higgins

Commissioner Rosado, would you lead us in the pledge? All righty, good morning everybody. Good morning again. Welcome to the City of Miami Commission meeting for September 10th. In our historic chambers, where we have lived and worked for so long, procedures for public comment will be explained by the city attorney, as well as the procedures for swearing in parties for planning and zoning or quasi-judicial items will be explained by the city clerk. To the clerk, show that all members of the city commission are in present. Also appearing, city manager James Reyes, city attorney George Weiss on the third, and city clerk Todd Cannon. Mr. City Attorney, I think it's time for you to read the procedures. Thank you.

19:27 – 24:35Speaker 50

Thank you, Madam Mayor. George Weisong, City Attorney, City of Miami. 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 online at www.municode.com. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with a 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 at 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 seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33F 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. The meeting of the Miami City Commission is a limited public forum. 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... 9.30 a.m. and remain open until public comment is closed by the chair. Any person making offensive remarks or who becomes unruly in the commission chambers will be barred from further attending city commission meetings and may be subject to arrest. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. No signs or placards shall be allowed in the commission chambers. Persons exiting the commission chambers shall do so quietly. Members of the public wishing to address the body may do so by submitting written comments through the online comment form. Please visit www.miamigov.com forward slash meeting instructions for detailed instructions on how to provide public comments using the online public comment form. The comments submitted through the comment form have been and will be 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 elected officials, their staff, and city administration up until the chair closes public comment. Public comment may also be provided here live at City Hall located at 3500 Pan American Drive, Miami, Florida, subject to any and all city rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the members of the public must first state their name, their address, and what item to be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify 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 topics and items to be discussed at the City Commission meeting in compliance with Section 286.01144C 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 the 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 planning and zoning items. PZ items shall proceed according to section 7.1.4 of the Miami 21 zoning ordinance. Parties for any PZ items, including any applicant, appellant, appellee, city staff, and any person recognized by the decision-making body as a qualified intervener, as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee may be physically present here at City Hall to be 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 286.0.115, and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 in 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. Access to the meeting. This meeting can be viewed live on Miami TV, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you, Madam Chair.

24:36Eileen Higgins

Thank you. To the clerk.

24:39 – 25:39Speaker 54

Thank you, Chair. The procedures for individuals who are providing testimony to be sworn in for planning and zoning items and any quasi-judicial items on today's City Commission agenda will be as follows. The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for planning and zoning items. and or quasi-judicial items. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Chair, may I administer the oath? Good morning, ladies and gentlemen. If you'll be speaking on any of today's planning and zoning items, those are the PZ items, may I please have you stand and raise your right hand? Do you solemnly swear or affirm that the testimony you're about to give at today's hearing is the truth, the whole truth, and nothing but the truth? And your response is? We do. Thank you, Chair.

25:48Eileen Higgins

All right. I think, Mr. City Manager, the time is for you to let us know if there's any changes, deferrals, withdrawals.

25:56 – 27:03Speaker 30

Good morning, Madam Mayor, Commissioners, Mr. City Attorney, City Clerk. At this time, the administration would like to defer or withdraw the following items. CA1 to be deferred to the October 8th meeting. CA1 to be deferred to the October 8th meeting. RE13 to be deferred to the September 24th meeting. RE13 to be deferred to the September 24th meeting. RE19 to be indefinitely deferred. RE19 to be indefinitely deferred. FR4 to be withdrawn. FR4 to be withdrawn. DI2 to be indefinitely deferred. DI2 to be indefinitely deferred. DI3 to be indefinitely deferred. DI3 to be indefinitely deferred. And finally, PZ2 to be withdrawn. PZ2 to be withdrawn.

27:06Eileen Higgins

All right, colleagues, are there any other changes that you have to the agenda? Okay. Seeing Mr. Clerk.

27:16 – 27:39Speaker 54

And thank you, Chair. Briefly, for the record, I do have some co-sponsor requests. Commissioner Gabella will be co-sponsoring FR6. Commissioner Pardo will be co-sponsoring FR6. Commissioner Escalona will be co-sponsoring RE9 and FR6. Commissioner Rosado will be co-sponsoring RE3 and RE9. Commissioner King will be co-sponsoring RE10 and FR6. Thank you, Chair.

27:40Eileen Higgins

All right. With Commissioner Rosado, I see you.

27:44Ralph "Rafael" Rosado

Yes. I was going to say, Mr. Manager, RE19, I didn't ask for an indefinite deferral. It would be to the first meeting in October.

27:52Eileen Higgins

All right. So show that to the first meeting in October on RE19. All right. I think we are now ready for public comment. If we could form two lines. Yes, Mr. Clerk. My apologies, Chair.

28:02Speaker 54

I missed the motion in a second. Or for the deferrals and withdrawals.

28:06Eileen Higgins

Okay. Is there a motion? Second. All in favor, say aye.

28:10 – 28:23Eileen Higgins

Okay. So there's an agenda set. All right. If you all would line up on both sides. Everyone has two minutes. Thank you very much. So, all right. We'll start with you first. Good morning.

28:24 – 30:33Speaker 13

Good morning. Good morning, commissioners. My name is Hans Lagerwey. I'm a hospitality and destination management consultant. And I'm here to share a concept proposal here for Miami City Hall. It's not just because of my hospitality expertise. I'm also a history buff, so to speak. And despite being a Dutchman from origin, my first flight in my life was with Pan Am, and that has stayed with me all my life. This is not just a municipal building. It's a historic gateway to the Americas. So the concept that I would like to share with the commission is a self-sustaining path to restore this, to restore this to the treasure and its old legacy. The coalition behind this proposal is, first of all, Greg Carter, who is the owner of the Pan Am brand at the moment. It's also Linda Frera, who is in charge of the Pan Am Museum Foundation, and for the rest, hospitality and restaurant expert Jerry Burke and myself. This afternoon, by the way, we are aligning with Ed Weigel, who is in charge of the airline, who has also expressed some ideas for this beautiful building. In very short, the concept has four pillars. The first one is conservation and preservation, so a full restoration and protection of this historic Miami landmark. And we try to do that at zero taxpayer risk. Secondly, is to develop from this a culture and tourist, a touristic landmark, a world-class museum, not just a Pan Am museum, but, you know, Miami airline history is broader than just Pan Am. And it will consist of authentic artifacts, a 22 feet historic timeline, and a rare 1 to 400 scale dinner key diorama, which has already been created and developed. The third pillar is continued civic access. So our proposal is that the city keeps 100% ownership of this building, keeps flex offices for use.

30:34Eileen Higgins

Sir, sorry, your two minutes are up, but thank you very much.

30:39Speaker 13

Okay, where can I leave the...

30:41Eileen Higgins

Please, with the clerk's office, you can leave your remarks. We appreciate it, and they'll distribute it to us. Thank you. Go ahead.

30:47 – 32:37Speaker 34

Morning. Good morning, Mayor. Good morning, Commissioners. Kristen, Browdy 888 Biscayne Boulevard. I welcome back, you know, I appreciate that each of you is trying to help us build a better city, a better Miami. And when you see me, it's always somebody saying, it's me saying, what are you doing to our neighborhood? So here I am. What are you doing to our neighborhood? FR2, the one thing downtown neighbors have... consistently said is that the advertising that is springing up, these are the cold sores on an otherwise healthy neighborhood. And here is a proposal for a no-bid contract to put in more advertising downtown. It sort of plays into another thing that sort of is an irritant, and Commissioner Rosado is probably really tired of hearing me complain to him about it. That's the tax we pay. the DDA the downtown residents pay now we're about to if you go prove fr2 you're going to be bringing revenue from downtown exclusively these signs are only going to go downtown but is that going to offset the revenue that we pay to the DDA no it's going to go into the city coffers our contention is that fr2 really shouldn't happen but if it does that money should offset the money that we pay, because, as Commissioner Rosado rightly says, ours is a neighborhood that has unique needs in Miami. It is also the economic engine for Miami. It is where the jobs are. It is where, increasingly, the population is. We ask you first not to add to the eyesores that we already have. But if you're going to do it, at least offset what we pay in extra taxes with this revenue. Thank you.

32:42 – 34:46Speaker 51

Good morning, Albert Gomez, District 2 resident. Good morning, Mayor, Commissioners. There are several important decisions here today. Keep City Hall at Pan Am American Tournament. This is our civic home, and RE10 appropriately keeps it here, so thank you. Reject advertising on construction fencing. Our neighborhoods should not become billboards simply because someone pulled a construction permit. F2 would open that door. And please start publicly tracking the city's liability settlements. This is something I bring up regularly. Today alone, the consent agenda has $97,500 in negligent settlements. We approve these claims meeting after meeting, but where is the running total? Where is the analysis of what is causing them? This is a budget issue. Which brings me to Flora and Chapter 17. Advance Flora, but while we improve the system, enforce the law we already have. Stop approving tree removals that conflict with approved construction plans. Stop treating mature trees as disposable obstacles. And city government must follow the same rules itself. At a pocket park next to my home, the city replaced the walkway to eliminate a trip hazard, to reduce liability, and the process... The workers used a forklift to rip through the roots of a mature gumbo limbo tree. When I objected, I was mocked and laughed at. Then this week, a repeat offender at a construction site at the corner of my house was documented another legal discharge, heavily silted water, no dewatering permit. Durham and City Code concurred. They all were there. The resource officer didn't have the knowledge to put the stop work order, but he wanted to learn, and he followed the DERM officer. Train your staff, please. This is where we can use FLORA to resolve liabilities, but we can train the staff, enforce the code, track liabilities, protect trees, and hold the city to the same standard it demands its residents. Regarding 9-11, my wife, Dr. Allison Thompson, is flying up to New York.

34:47Speaker 51

Please remember that day.

34:52 – 36:49Speaker 47

Good morning. My name is Deborah Stander. I live at 830 Northeast 74th Street. My father, Humphrey Toomey, had a lifelong career with Pan Am. He was a pioneer aviator, and in the 1930s, he worked in this building as division engineer when Pan Am's famous flying boats were Carrying passengers and bringing passengers from the Caribbean, the West Indies, Central America, South America to Miami through this very building. And I am also a Miami native. So for me, this building has tremendous significance. I feel like it's a part of my DNA. But not just mine, it's a part of the DNA of all of Miami residents. Because for the past 70 years, it's been our city hall. And I think the fact that it stands here today and still pays such tribute and such honor to Pan Am, the way it was beautifully renovated around, I think it was early 2011, something like that. Everywhere you look, you see Pan Am's history. You see it on the walls, in the photographs. It's like a gallery right now, and the public is able to access it and appreciate it. And I can't think of a greater honor for Pan Am than that this building should continue to be. Miami City Hall, and it also gives me a lot of confidence that generations of, as long as this is City Hall, children of today's residents, their grandchildren, generations of children will be able to appreciate its history and its significance for our city and our identity. Thank you.

36:52 – 38:27Speaker 64

Good morning, Debbie Dolson, 4205 Lenox Drive, Coconut Grove. First of all, I'd like to talk about keeping City Hall in this current location. This building has served generations of Miami residents. 46 years ago, my father stood in this room and accepted a commendation from the mayor, and it's hanging at our house on the wall still. When our son turned 18, he cast his first vote right here on Election Day. He also went to Melrose, but not to vote. not to see a commissioner, he went there to golf. And honestly, I'm not sure if he had to go to Melrose, he would have turned in his vote that day. Our grandson stood in this room to offer public comment. So from my father to his great-grandson, including me, four generations of just my family have been served by this city hall. So for these reasons and all of the reasons stated in the agenda packet, please preserve the legacy for generations to come. RE11. Please allocate these funds for repairs and modernization projects for the City of Miami Department of Fire and Rescue. If we have the funds, this is an urgently needed project. Mayor Higgins has spoken about it and shown this to us. And if we can do it, let's do it now. PZ4 and 5, of course, please support our tree canopy. You hear this over and over and over again. It's one of our city's most valuable assets, so please protect it before it's gone. Thank you.

38:32 – 38:51Speaker 3

Hello, my name is John Elliott. I'm from out of the Commissioner King District. I just want to give you a reason. I can't go through some of this, but I want to go through, but I at another time of day. I work with Commissioner Arthur Teals, Commissioner Audrey.

38:51Eileen Higgins

Would you mind giving us your name and address for the record, please?

38:55 – 40:40Speaker 3

6475 Northwest 6th Avenue. Thank you. I work with Arthur Teals. I work with Commissioner Audrey. Also, I'm working with Commissioner King. I'm a community advisor. Make sure I go through my community, make sure whatever the complaints, whatever's been going on, you're doing a marvelous job. We love you. It was on her behalf, of the people in my community, which I had to get out there in my community to vote for you to be the mayor. I brought in over 40 something people. Commissioner King, second term, 80%. She won in her district. We put you in office, man. I don't have nothing personal against you. But we're not seeing the things that Commissioner King have been doing in our community, the proposals, the things that she have set up. We don't feel that you're following that. You're taking a lot of things from what she's trying to do for our community. And what we look for in our community and what she's been doing, you know, all praises to her. We ask that they send me here. We ask of you. And let her continue on doing what she's doing for our community, because nobody else is doing nothing for us. And she's been doing a lot. This is why she ended up getting a second term. She finished 87%. Nobody was able to beat her. So she had been doing a lot for her community. I didn't want to come here today, but my community, people in my community, asked me to come here. We have watched everything that you had online. In a way, we appreciate it. Thank you. You know what I'm saying? But yes, you want to cut me off because you know what I'm saying.

40:40Eileen Higgins

Well, your two minutes is up. Thank you very much for coming. Thank you, Commissioner King.

40:44Speaker 3

Continue on doing your job. We love you.

40:46Eileen Higgins

She does a wonderful job. Thank you for being here. Good morning.

40:49 – 41:54Speaker 53

Good morning. John Dolson, 4205 Lenox Drive, Coconut Grove. My wife's more eloquent on this than I am, so I'm going to. I've heard today that there's widespread support with you guys for keeping City Hall here. If that's true, thumbs up. This is a very cool place to come have public meetings. It's unique anywhere in the United States. I don't know a better spot. Mel Rees is going to be hell getting to for anybody in Miami. This is a lot easier and there's always plenty of parking and it's fun to come here. On the subject of repairs for the Fire and police departments, let's do it. Take the money you got down and get busy with it. PZ4 and 5, those are tree permanent things. Whatever you do today when you hear that, side with the trees. They can't speak. But there's something that we value in here and we are way short of in coconut grove across Miami and we're losing our canopy daily. So support the trees today. And thanks for keeping it here if you do. City Hall, thanks.

42:02 – 43:20Speaker 69

I do know my name. Good morning. My name is Metris Bats. I'm the executive director of the Overtown Business Association. My work address is 1490 Northwest 3rd Avenue. I want to speak specifically to RE14, the establishment of the neighborhood revitalization fund for Cuyahoga Ultra Corridor. I support this item because it recognizes something very important. Historic commercial corridors need intentional target investments. The historic Overtown certainly has investments through the Southeast Overtown Park West CRA and the Omni CRA. And we appreciate the work that they're both doing. But as I look at the item, I begin thinking about a dedicated corridor revitalization strategy and what it could mean in the historic Overtown neighborhood. particularly our Main Street corridor, which is Northwest 3rd Avenue. Overtown became a Florida Main Street in 2025. It supports economic vitality, design, promotion, and organization. This month, and this is for all the commissioners, Miami will be hosting the Florida Main Street Fall Quarterly Workshop. It's an opportunity to showcase Allapattah, Coconut Grove, and Overtown. It's an amazing opportunity, and I'm sure all of you have received something in your mail, if not already, this week. Thank you.

43:25 – 45:47Speaker 57

Good morning. I am Sandy Moise, 5910 Northeast 6th Court. I ask you to support PZ5, Sierra Club Miami Group's appeal, which raises two fundamental questions. Will the city follow its own tree protection ordinance, and will it apply that ordinance as it is written? At 645 Northeast 64th Street, 41 trees were approved for removal. including specimen live oaks and estate-protected mahogany, as well as specimen trees on public property. This appeal is not about stopping development. It is about requiring the applicant and the city to follow Chapter 17 and genuinely consider preservation before approving removals. A developer should not be able to design a project over protected trees and then point to that design as evidence that the trees must go. The trees should inform the design, not become casualties of it. The applicant's own arborist shows that development and preservation can coexist And also, there is a serious issue with standing. Chapter 17 recognizes an environmental nonprofit or a homeowners association which has one member who owns property within 500 feet. The critical word here is which. Grammatically, which modifies the homeowners association immediately preceding it. It does not reach backward and impose a 500-foot requirement on the separately identified environmental nonprofit. Yet, the HEP Board was advised by city attorney otherwise, and standing was denied to other environmental non-profits without a refund of their expensive fees based on a requirement that does not appear in the environmental non-profit position. Also, one correction is necessary on today's agenda. The HEP Board voted 5-0 against the initial appeal with a modification to preserve tree number 5. 25, which is a specimen live oak on the corner, which is probably public right-of-way, but the commission agenda incorrectly identifies this as tree number 23, which is a small pigeon plum. We are not asking you to stop development. We are asking you to apply Chapter 17 as written. Buildings can be redesigned, site plans can change, but once a mature specimen tree is cut down, it's gone. Please support Sierra Club Miami Group's appeal, uphold Chapter 17, and preserve our trees. Thank you.

45:50 – 47:47Speaker 10

Good morning, Madam Mayor, City Commissioners. My name is Gloria Romero-Roses. Address is 808 Brickell Key Drive. I wanted to speak with you today on Agenda Item DI4, the Live Local Act. Thank you, Commissioner Pardo, for continuing this conversation. I've been on the campaign trail now for 10 months, walking the neighborhoods that are most impacted by this law, and I wanted to share some insights, because I think it's important for us to have a pulse check I've heard the frustrations of so many voters in this district about the supercharged development that is stressing out our neighborhoods. The pace of change, the type of change, and most importantly, how this change is actually going to help or hurt our hardworking families. As you dialogue about the actions that are going to be taken on Live Local Act on what I hope will be a pushback from the preemption that LLA has undermined, how you can achieve a more balanced approach to what I would call is on one extreme greedy development and on the other extreme perhaps developers that want to do the right thing but unfortunately get undermined by other forces. I want to share a few things. Number one, it's very evident to me from walking these neighborhoods that LLA is supercharging the very development that is pricing out and pushing out hardworking Miamians. Number two, it's supercharging the very development that's causing young professionals and families to reconsider whether they can make Miami their home in the long term. And then finally, LLA is a structural problem that is going to need a structural solution. I aim to be an ally with you when I earn the votes of the House District 113 voters and be an ally in problem solving how we fix LLA for the future. Thank you.

47:50 – 49:29Speaker 19

Hello. Good morning. My name is Kyle Ockridge. I'm a resident here in Coconut Grove at 3724 Loquat Avenue. I fully support the idea of keeping City Hall here. I really don't understand the concept of putting it effectively in Doral by the airport, which I travel to quite often and is a bit of a logistical catastrophe. Beyond that, really what I'm here to speak about is planning and zoning, specifically PZ4 and 5. I received this in the mail because I'm within 500 feet of the address at Irvington Avenue. I've been to prior meetings where this subject has been discussed, and I'm a big supporter of the tree canopy. The reason my family and I and many of our friends live in Coconut Grove is because of the beautiful old-growth trees and the shade that they provide and the beauty to the community. There's documented statistics that Large trees benefit the property value of homes beyond drainage and storms, flooding issues, wind mitigation and hurricanes, dropping down temperatures in our terrible hot weather here we have, especially this time of year. And I find it very disappointing to think that people would buy homes here with the idea of taking them down or expanding them. to build something where there is already a tree in the way. So it's incomprehensible to me that we could approve and support the idea of removing a tree, as a few other people here have said, for the convenience of a homeowner to add a second-story balcony or something. We have to build around the trees. I've done that at my house and planted countless others. So please protect our trees. They have no voice, and they are incredibly important to us. Thank you.

49:32 – 50:27Speaker 65

Good morning. My name is Suzanne Howland. I'm a native, born and raised in Coconut Grove. My grandfather built this building, Fred Howland of Howland Construction Company, when it was Pan American. And this is an iconic building and should be preserved. I think we all agree to that. Our history is being erased. Another iconic building that he built was the Miami Public Library, the destruction of which was protested and ignored. It's now a patch of grass. This building's second life serving as city hall has allowed the citizenry of this city to gather and speak in a building worthy of that task in a location that is entirely accessible. Moving this process of engagement to a place that requires cars to access, a traffic commute to get to, or a place that doesn't represent our history so succinctly is not in the best interest of the public, in my opinion. Thank you.

50:32 – 52:23Speaker 9

Good morning, Mayor Higgins, members of the Commission. I am Natalia Crujeras, CEO of the Museum of Miami, formerly History Miami. Our museum, as my son and affiliate, has documented the people, places, and events that have shaped this city for 86 years, making us Miami's longest-standing cultural institution. As the city prepares to relocate, we would like to help shape what comes next in this historic site, ensuring dinner key remains a public asset. We support Commissioner Pardo's legislation to keep commission meetings here. But important questions remain. Who will preserve our care for the historic Pan Am terminal in the long term? How will it be activated for the community? And what will become of the public space around us? Our museum is interested in exploring a public-private partnership with the city built on three commitments. Restoring and preserving this historic building, developing a new home for the museum adjacent to the Pan Am Terminal, and creating a city-owned, publicly accessible civic campus using private funds with no pledge to the city's credit. We see a museum and a Pan Am terminal as anchors for a vibrant campus that welcomes the public every day, a place where you can come visit an exhibition about our city's history, attend a commission meeting or a community event, or walk alongside the bay in one of the most beautiful places in our city. Our museum preserves and shares our community stories, and Pan Am is one of them. We actually hold the region's foremost collection of Pan Am artifacts, from photos to flight attendant uniforms to model airplanes to China and menus. So we would not simply be bringing the Museum of Miami to dinner key. We would be bringing a piece of Miami's history home. Thank you.

52:28 – 54:36Speaker 45

Good morning, my name is Yvonne Grassi. We originally moved to Miami so that my father could occupy that seat right there as city manager of Miami. That got your attention from 76 to 81. I bought my house on Irvington, 3916 Irvington Avenue in 2000. I've been there for 26 years. And as many people, excuse me, have said here before, the reason we're in Coconut Grove is our tree canopy. That's why we're here. And unfortunately, many of the developers who have come in want to take advantage of Coconut Grove and the beauty we offer, make profit from it, put some big cement block white sugar cube house in there after tearing down the trees, and then leave with their profit. This is not what Coconut Grove is all about. In fact, specifically, PZ4, which is the item that I'm speaking to, Sorry, I'm losing my voice. The developer purchased that property knowing that there were four specimen trees on that property. They could have made the plan for the house building around the trees. And all the trees, in fact, are either at the front of the property or there's one at the very back of the property. There were two buildings, two houses previously on that property. built within the space, which is quite large, that the trees allowed. But unfortunately, because the city of Miami has historically until this year, sort of routinely granted the developer's request to cut down the trees, developers have now the mindset that they don't have to think about the trees. They know the city of Miami is going to say, yeah, go ahead and cut the trees down. So they don't even try to plan a house that works with the existing trees. This is the wrong attitude. I understand business. I was an attorney for 31 years, including a shareholder at Greenberg Trowery, and I did corporate M&A. I get it. I get the whole idea of profit. Thank you.

54:37Eileen Higgins

Thank you. Appreciate it. So just one thing.

54:40Speaker 45

Please support your HEP board unanimous decision. Thank you.

54:43Eileen Higgins

Thank you. Thank you. Appreciate it.

54:47 – 56:51Speaker 52

Good morning. Mayor Higgins, members of the commission. My name is Tom Gibson, 1581 Brickle Avenue, and I'm a proud trustee of the Museum of Miami. Natalia has shared our vision for restoring and preserving the Pan Am terminal, relocating the Museum of Miami to Dinner Quay, and creating a beautiful civic campus at the site. I'm here to speak about why our board believes this is an opportunity worth pursuing. Miami is fortunate to have an extraordinary public asset at Dinner Quay, a historic landmark surrounded by open space right on Biscayne Bay. The question before us is not simply what happens to this building when the city moves, it's what kind of place we want Dinner Key to be for the next generation of Miamians. We believe the Pan Am Terminal and Dinner Key should remain public assets that celebrates the history, the culture, and the people of Miami. That's why the Museum of Miami is raising its hand to be a part of Dinner Key's future. We envision a partnership in which the city continues to own this property while the museum brings the private investment, philanthropic support, and institutional stewardship needed to restore the Pan Am terminal, create a new home for the museum, and help make Dinner Quay an extraordinary civic destination. Importantly, we are not proposing to privatize this waterfront, quite the opposite. This partnership would establish Dinner Key as a place where Miami tells its story, brings the community together, and conducts civic life, sending a message that our city takes pride in its history and is committed to chronicling the future. Great cities preserve the places that tell their stories, but preservation is about more than saving buildings. It's about giving those buildings purpose and ensuring they will be relevant for generations to come. We believe the Museum of Miami can help provide that purpose here at Dinner Key. Thank you.

56:54 – 58:29Speaker 26

Hey, good morning, everybody. My name is Luis Hernandez. I live at 3790 Irvington Avenue. I'm the unofficial mayor of Irvington. So I want to ask each of you if you ever have been called ugly. I'm sure some people have. Other people say you look real pretty. But this issue at Irvington Avenue with the tree is really about aesthetics. One, where the tree has been called ugly, it does not fit the plan as envisioned by the developers. And I just want to cry out for that tree and any of us who have ever been considered ugly. Because as we know, this is something about being creative. The Head Board asked the developers and the architect to think outside the box. And obviously, they're still stuck on a box. The only person that should not be inside a box is a cat. They should do everything inside a box. But I think humans, we should be able to really be creative. in terms of the aesthetics of anything we build. As someone who's a frustrated architect, and I studied some architecture, the first rule of course is always the aesthetics and the beauty of the design, that's the ultimate goal. But certainly you want to have a balance with the environment, you want to be able to solve problems with any particular structures, and you want to be creative. And that's really sort of the keys of architecture. So when we think of the architecture, to think that a tree is in the way of being ugly, I think that's really unfair to the tree and anyone else. Again, consider all those things and really be creative. Thank you so much.

58:31 – 59:15Speaker 21

Hi, good morning everybody. Desiree D'Souza-Lazardo, board member of the DNA. I'm sure everybody knows us here. I'm here to oppose FR2. Please, no more advertising. Downtown is tired of being the victims of everything that is negative. So on behalf of all the residents, I request the commission, hear our voices, act on behalf of us, maybe for one thing, and that's all I have to say. Sweet and short. I hope you all have a wonderful day. Thank you.

59:17Speaker 42

Hi, I'm Christine Riquez, first time participant in local government, so I'm nervous.

59:22 – 1:00:10Speaker 42

Don't be nervous. Please inspire my millennial generation with this because I'm from 338 Irvington Avenue. PZ4 is what I'm speaking on behalf of. I moved in 2023. When you enter Irvington, it's magic. It's trees. It's community. I call it a blue zone because it's like neighbors from 1950s. This is a special community. We have Halloween every year for the whole community. And the community has banded together to save this tree. We want this tree. And I know the HEP board voted in unison to save this tree. Our neighborhood rejoiced. We screamed. We were so happy. I hope this inspires me to do more civic duties, but just think about the tree. They knew the tree was there before they bought it. I don't know how to speak in public. I'm sorry.

1:00:11Eileen Higgins

You did just fine. That was a great first appearance. Come back more frequently. All right, go ahead, Mr. Cleland.

1:00:18 – 1:02:23Speaker 38

Hi, Noel Cleland, 5990 Southwest 50th Street, Miami. Good morning. I'm here to address a critical issue regarding standing, specifically a fundamental legal error that occurred at the July 21st hearing. The question before us is simple. Does Chapter 17 require an environmental nonprofit corporation to have a member who owns property within 500 feet of the subject property? Plain language of the law is no. Chapter 17 explicitly separates, establishes two separate and distinct categories for eligible applicants. It recognizes a nonprofit corporation dedicated to conservation and protection of the natural and physical environment, or a homeowner's association as defined by FS Chapter 720, which has one member who owns property within 500 feet of the subject property. Grammatically and legally, the 500-foot qualifying phrase modifies the homeowners association, not the environmental nonprofit. The city must apply this ordinance exactly as written, and I offer these points to support this position. First of all, the text of the ordinance. The qualifying phrase, which has one member who owns property within 500 feet, immediately follows a homeowners association. It does not retroactively jump back to the modified, separately identified environmental nonprofit category. Secondly, the prior version of the Chapter 17 recognized nonprofit environmental organizations cleanly without ever imposing a 500-foot membership rule. And third, the city's appeal of intended decisions for trees webpage clearly distinguishes that these categories use the word or for environmental group or homeowners associations. So the issue is flawed from the legal advice that was given to the board on July 21st. Board members appeared prepared to recognize the environmental nonprofit standing. However, they were advised by the city's attorney. And that's the end of my time.

1:02:28 – 1:04:01Speaker 40

Good morning, Madam Mayor, Commissioners. My name is Carl Anthony. I'm a Coconut Grove resident. I am here to support the resolution proposed by Commissioner Pardo to keep City Hall where it belongs at 3500 Pan American Drive in Coconut Grove, the first and oldest community in Miami. I'm aware the case for Freedom Park leans on a brand new 383,000 square foot eight story building with nearly 900 parking spots. replacing the 34-year-old, 10-story, 375,000-square-foot Riverside Center. But nobody is including the building of a massive, private, mixed-use waterfront residential complex in its place that will serve only a very small fraction of Miami residents. So on paper, it sounds like progress, but look at the actual numbers. The new plan... It is two stories shorter and adds only 8,000 square feet. The city changed its own no net loss parkland rules to make this deal work. So there's no replacement for the green space. Modernization does not translate to efficiency. Then there's distance. Placing government next to a private soccer stadium and the airport pulls it away from the neighborhoods that need it most. Anyone that has ever done business by the airport knows how crazy traffic is within the industrial, manufacturing, and logistic rings of an Aeropolis.

1:04:02Speaker 49

The city government,

1:04:05 – 1:04:31Speaker 40

needs to stay where it is. Understand, this is a resolution that does not reject modernization. It says fix this building, preserve Miami's history, and don't abandon it for an airport or stadium's backyard. Combining city services under one roof doesn't make it more efficient. It just moves existing inefficiencies to a new address that looks all shiny and bright.

1:04:33Speaker 40

I urge you to support this resolution.

1:04:38 – 1:05:27Speaker 36

Hello, Stephen Leidner, 1130 102nd Street, Bay Harbor Islands. Please support Miami Sierra Club's appeal of PZ5. We see no indication the developer, this appeal is based on not adhering to Chapter 17. We see no indication that the developer tried to accommodate the existing specimen trees when they planned their development. We see no indication that they've made any attempt to keep alive, to move, to preserve the specimen trees on the property. which is stipulated in Chapter 17. So again, please support the appeal of PC5.

1:05:30 – 1:07:23Speaker 2

Good morning, Commissioner and Madam Mayor. My name is Amina McNill. I'm here on behalf of PH9. I'm the Executive Director of the Martin Luther King Economic Development Corporation, and I'm here today to ask for your continual support of our Wills to Work program. First and foremost, I would have to thank this commission for supporting this program for the last 10 years. Our initial class was in 2016, and should this item be approved, we would be on our 11th class. What this program does is that it helps the economics of members or citizens of the city of Miami on an individual level. While we appreciate the efforts that the elected officials continue to do to improve the ability of people to move around, The fact of the matter is that in the city of Miami and in this metro area, to be able to effectively seek work and get to school, take care of your children, you really need a vehicle. And what we've seen in this program over the past 10 years is that the people that are able to participate in this program, they've been able to get better jobs. They're not taking the bus two hours each way to get back and forth to work. They're able to put their children in schools of choice, not just the schools that are limited on their bus route. They're able to start businesses. And more importantly, and most importantly, not only do they keep these benefits for themselves, but they pay it forward. In our program, our participants, they do several hundred hours of community service. They tell other people about this program. We've had participants that have used their car as a carpool to help other people at their jobs who do not have reliable transportation to get to and from work. So we ask for your support in this program. With it, we will be able to purchase cars for City of Miami citizens that either live or work in District 5 of City of Miami. So thank you for your time.

1:07:25 – 1:09:26Speaker 20

Good morning, Mayor and Commissioners. Billy Corbin here in support, enthusiastic support of RE10. Many of us in this room will live to see a time as Miami changes so fast. to see no Haitians living in Little Haiti, to see no Bahamians living in the Little Bahamas of the West Grove, to see no Dominicans living in Little Santa Domingo of Alapata, and to see no Cubans living in Little Havana. I never thought we'd see a day that City Hall wouldn't be at City Hall. In fact, the address, this address is in the city code, section 2-1352A, and you're already moving the city of Miami government out of the city of Miami. You're moving the MRC, the administration building, you're moving the public safety buildings, the headquarters for fire and police, you're moving them out of the urban core, out of District 2, to Mel Reese. They'll be closer to Doral than to downtown. There's a reason why everything is centered here in District 2 in no small part. It's because this district participates. You walk, you ride your bikes, you take the trolley to come to these meetings, unless you don't want the public to come to meetings and participate, because that's what will happen if you move it to Mel Rees. Perhaps that's the intent. But there's a reason why these folks turn out. It's because they're the greatest stakeholders. District 2 contributes 70% of the city's revenue. It's the sole donor district, and that money gets spread around to support all the other districts, which means that you should participate more. You have a greater stake. Commissioner Pardo, thank you for bringing this item. At the risk of getting the warm and fuzzies, I was heartened to see three of your colleagues standing beside you outside the meeting. It's a rare day that I'm here asking you guys to do the right thing. And you actually do the right thing. So today, today might be a special day, a different day. And I hope that you keep City Hall at City Hall. Thank you.

1:09:30 – 1:10:58Speaker 66

Good morning. Good morning, Commissioner. Can you hear this one? Madam Mayor. By the way, I've sat up there twice, once as a chair of the HEP board many years ago, more recently as the vice chair of the PSAB, and thanks to Commissioner Gabella, I hope to be sitting up there very soon as part of your tree ordinance revision committee. So needless to say, I hope City Hall stays here. As far as PD4, the Irvington tree, I lived in that house for four or five years with my wife. I was thankful for all the trees on there, particularly the one that the developer wants to remove. For five years I lived there and blessed that tree every day I got up. It was a wonderful house I lived in and a wonderful tree, and now the house is gone but the tree remains. Finally, as regarding the tree revision committee, 11 people are supposed to be on that committee, only eight have been appointed so far, thanks to Commissioner Gabella, I'm on that revision committee. That's important that we have all very soon appointed, because if we don't, the quorum then becomes eight, Sometimes we don't have people show up. I guarantee you people are going to show up for the tree revision committee. And if they're there and we don't have a quorum, it's embarrassing for the committee. It's embarrassing for you guys. It's just a total embarrassment. Please make your appointments if you haven't and support this tree revision committee. We'll take some of the heat off you guys. Thank you very much.

1:11:00 – 1:13:05Speaker 32

Good morning. Katrina Morris, 4130 Library Avenue, Coney Island. I'm really tired. I am tired of developers buying properties and then saying, oh, this tree is in the buildable footprint. You drew the house. They drew the house. They drew the building. They drew this stuff. I'm also tired of the city interpreting the code in the most developer-friendly possible way, whereas the code is written to preserve trees. The tree code as we have it is strong enough, but we are as residents made to go through a process of picking apart the tree ordinance that is already strong enough that the city refuses to read in a way that protects trees. The ordinance actually says that we should be protecting trees to the largest amount possible. What I would like to know is what the city's fundamental philosophy is about development. If you all have a fundamental philosophy, that all of the trees must go, all of the buildings must go up, for a specific reason. Like, just let us know. Say, we can't make the finances work unless we give the developers what they want. If we don't give them what they want, they're going to sue us, and then the residents will lose money. I mean, just lay it the frick out. I am so tired of dancing around semantics. Let's talk about philosophy. in our city and really talk about it. Really talk about it. Thank you.

1:13:07 – 1:14:39Speaker 4

Good morning. My name is Mercedes Rodriguez and I reside in the city of Miami at 1510 Northwest 19th Avenue. I'd like to welcome back our mayor and our commission. I hope you all had a great summer. I'm here in support of the item pertaining to having the city of Miami City Hall be turned into a museum. I think that there's a lot of history here. My dad, for once, also worked for Pan Am before joining Miami-Dade County, so I'm a huge fan of turning this building into a museum. Many of us visit the Air and Space Museum in Washington, D.C. Also, my family was a big advocate in having businesses in the downtown Overtown area, and I'm here in support of the item that has to do with the graffiti abatement program. Our family had the property that the City of Miami converted into the Miami Arena, almost five acres. And we used to have graffiti. Graffiti has always existed. And from time to time we had to spend money in cleaning up our area and our walls of the properties. And so I hope that the commission considers having this program be a pilot program. At least we can see how it turns out. I don't see the fuss that's been caused being against the advertisement. Right now, public and private schools have advertisement along the fences of their property. Thank you.

1:14:43 – 1:15:30Speaker 12

Good morning, commissioners. My name is Mary Block. I reside at 4015 Irvington Avenue, and I am here to comment on item PZ4. When we did our home renovation in 2019 on Irvington Avenue, our original plan had a protruding garage facing the street. According to Miami 21, this is not permitted. We had to redesign and resubmit our plans. My point in bringing this up is that there are restrictions on what a property owner can do, even within the buildable footprint, that protect the interests of the neighborhood. Protected specimen trees fall into this category, and the city needs to uphold these protections. I'm asking the Commission to please uphold the HEP Board's unanimous decision to preserve the specimen live oak tree at 3736 Irvington Avenue. Thank you.

1:15:41 – 1:16:41Speaker 25

Good morning, Commissioners. My name is Richard Campbell, founder of Geological Agriculture, or GeoAg. I am speaking in support of item RE3, concerning landscape maintenance along the Miami River Greenway. GeoAg is a patented method of growing plants and common rocks without the use of traditional soil or fertilizer. It combines plant growth with the natural colors of mineral characteristics of rock here in Miami, while eliminating weeding within the rock-growing area. GeoAg has already been demonstrated in Miami at Florida Memorial University, NAMDI Contemporary, and the historic Ward Rooming House in Overtown. I respectfully ask the Commission and the Department of Resilience and Public Works to include a small GEOAG demonstration site within the Miami River Greenway Landscaping Program. This would give Miami an opportunity to evaluate a locally demonstrated approach to beautification, public education, and lower maintenance planting. Thank you.

1:16:47 – 1:18:21Speaker 41

Good morning. Jennifer Del Mastro, Sorry, 1717 North Bayshore Drive, Miami, Florida. I'm here in support of FR2. My father had a dream for the city of Miami, one that began almost 10 years ago. In January of 2019, I accompanied Rosario to the county offices to present our vision and introduce this potential project. We were met with overwhelmingly positive feedback, giving us the encouragement and support to move forward and take this idea to the Miami commissioners. Please excuse me. Sadly, in 2020, our father passed away from COVID-19. With his passing, my sister made the commitment to carry his vision forward and bring it to life. The city of Miami meant so much to our father. It holds that same special place in our hearts. His vision was about more than a project. It was about giving back to the city. He wanted to help address some of the challenges facing our community while bringing greater beauty, cleanliness, safety, and pride to the neighborhood we all call home. Today, we're asking for your support. Our goal is simple, to make Miami a little stronger, a little cleaner, a little safer, while creating something our father would be proud to see come to life. We respectfully ask that you support our vision, support Del Mastro Outdoor as the sole company to move this program forward. We're ready to continue the work built upon the conversations that began almost 10 years ago. and turn our father's vision into a lasting contribution to the city he loved. Thank you so much.

1:18:31 – 1:19:35Speaker 46

Good morning, Commissioner. My name is Genesis Najera, PZ3 on the address 536 Northeast 65th Street. I'm here with my family regarding the appeal for the home that we have on 536 Northeast 65th Street. We've been working through this process for a month, and we respectfully ask the commission to grant our appeal. allow us to replace our roof with shingles. Our engineer determined that existing structure cannot support the required tile roof without additional substructure reformation. That additional work would create a significant financial burden for our family. Our home has historically had shingle roof and we have also submitted photograph, estimate, and engineering document and evidence of active leaks and problem with our existing roof. We're simply asking to replace our deteriorating roof with shingles so we can protect our home and stop the ongoing leak and finally move forward with this necessary repair. We respectfully ask the Commission to grant our appeal and allow us to install a shingle roof. And thank you for your consideration.

1:19:37Eileen Higgins

Thank you for being here.

1:19:39 – 1:20:43Speaker 60

Good morning, Madam Mayor, Commissioners. My name is Francois. He is representing New Tradition Media, which maintains offices at 333 Northeast 23rd Street in the City of Miami. I'm speaking regarding item FR2. To state in the July meeting, new tradition continues to have some concerns about how construction fencing advertising may affect the visual environment surrounding neighborhood and the public perception of Miami's established outdoor advertising industry. Today, however, my request is simple. Allow every qualified outdoor advertising company operating through the mural and billboard programs in the city of Miami to participate. The service is neither unique nor proprietary. New tradition, clear channel, out front, and other experienced operators already work with this city and bring established advertiser relationships, local operating experience, and a record of working responsibly with neighborhoods. FR2 says any party may apply, but then designates Del Mastro as the only applicant. That contradiction should be corrected. Please remove the exclusivity and open the pilot to all qualified operators, ensuring the greatest financial and public benefit for this city. Thank you.

1:20:47 – 1:22:51Speaker 27

Good morning, commissioners. Good morning, mayor. Good morning, city manager, city clerk. Good morning, residents of Miami. My name is Chaplain Stanley Young of Freedom Prison and Jail Ministry. We assist those inmates that are coming out of your prisons and jails that a lot of people don't have very little to do with. I'm here to speak about something that is positive, something that works, something that the city of Miami has been doing, and I want to thank our commissioners, Rosaro and Cabela, who have been spearheading, or at least helped this particular initiative. It is PH8, the anti- poverty initiative that the city of Miami has that helps those small CBOs, those small heroes that are in our community that's really trying to make an impact in the lives of people that really don't have a voice. or have the wherewithal to come down to this prestigious hall to share their needs and their things that they really are facing. I face every week your citizens who need your help and they need resources, they need you, they need their families, they need help to continue their life going forward. That's what I do every week in the city of Miami to help that human dividend. Those people who was once honored citizens of your city who are now needing you to give them that helping hand to lift them up out of whatever the things that they are challenged with. Well, thank you. God bless.

1:22:52Eileen Higgins

Thanks, Stanley. Morning.

1:22:57 – 1:24:01Speaker 14

Good morning, Madam Mayor, Commissioners. Thank you for having me. My name is Rob Piper. I'm at 1401 Southwest 17 Terrace, Miami 33145. Just two things. I'm here to thank you for... DI4, and I encourage more discussion regarding the Live Local Act and that horrendous legislation, as well as finding ways to avoid relying on profitability solutions to solve affordability problems. So, thank you for having more discussion on that and ways to resist that preemptive law. Thank you. I am here also to come out against FR2. just simply because spam, not the meat, is defined as unwanted and overwhelming digital advertising. So I would encourage to vote against FR2 because it's one thing we don't need on construction fences. We already have enough of is spam. We don't need more spam, especially if it's in digital or LED form. Thank you very much.

1:24:01Eileen Higgins

Ms. Alger, good morning.

1:24:06 – 1:25:37Speaker 5

Good morning. Good morning, Madam Mayor, commissioners. So nice to be here. I'm going to start out with something good. Commissioner Pardo, thank you. They have installed the Charlie Stop sign at the Coconut Grove Metro Station after one year of asking. And I believe your office got that done. I don't know if they've done it at Douglas Road yet. Okay. So about RE10, you know, if you stand out front here on a weekend, I take the trolley a lot. And if you stand out front on the weekend waiting for the trolley, you'd be amazed at the number of tourists that walk through this area and stand in front of the building and look at the building and ask questions about the building. I would ask that if... If we can stop City Hall from being moved, I would like to see it stay. If we can't stop it, there needs to be a resolution that it doesn't move until the new pedestrian walkway that we got the grant for, until that pedestrian walkway is built and enables people to safely get that quarter of a mile from the MIA over to the stadium. And then go back and try to get a grant like that so we can get a pedestrian walkway at 27th Avenue and US 1 to get people safely back and forth to the Underline and the Coconut Grove Metrorail Station. Okay? And I'll be back to speak about the trolley thing that I know has been...

1:25:38Eileen Higgins

So, Chris, we're going to need your name and address for the record. Oh, I am so sorry. Sorry about that.

1:25:42Speaker 5

I'm sorry. Chris Alger, 2784 Southwest 29th Avenue, 33133. Thank you.

1:25:56Speaker 65

Good morning, Madam Mayor and Commissioners.

1:25:57 – 1:27:59Speaker 8

Good morning. Rosario Kennedy at 2645 South Bayshore Drive. And just like Andy Parrish, I too sat at that dais where Commissioner Gabela sits right now. Today I bring you a program that aligns with the Mayor's vision of keeping our city clean of graffiti. It's called the Graffiti Abatement Program, or GAV for short. We all know that construction fences are necessary in a growing city, but too often they become magnets for graffiti, vandalism, and illegal dumping. Well, the gap stops that. For over nine years, we've navigated the legal and administrative challenges. We created the pathway at the county to allow the city to opt out of the county sign code. Today, then we refined the program with two city administrations, but COVID hit and the main force behind this program, Rick Del Mastro, became one of its first victims. Now his daughter Dawn is carrying on this vision. Today, we respectfully request approval of a one-year exclusive pilot. Because our client conceived and developed the idea, we're asking the opportunity now to demonstrate it. We're grateful for the support of the Brickell Homeowners Association, the DDA, the Southeast Overtown South Park West CRA, and the president and vice president of the Biscayne Neighborhood Association. By the way, we also reach out to the DNA to hear their concerns, but we were never given the opportunity to meet. Our goal is to test the program with the city and turn construction fences from eyesores into clean, safe, and well-maintained sites. We've invested nine years on this program, and today we're just asking for one to show you what the gap can do. Thank you.

1:28:02 – 1:29:38Speaker 35

Good morning, Commissioners, Mayor, Dawn Del Mastro-Crumah, 1717 North Bayshore Drive. Del Mastro Outdoors should be the exclusive vendor for the pilot program. A one-year exclusive pilot period is necessary to ensure program consistency, establish uniform safety and maintenance standards. The requested one-year pilot exclusivity is not intended to limit competition permanently, but rather to allow Del Master Outdoor to recover its investment, establish proof of concept, and provide the city with measurable performance data before a broader market rollout is considered. Del Master Outdoor conceived and introduced the program. We identified the opportunity, developed the program structure, operating standards, and implementation plan. Del Master Outdoor invested time and resources in bringing this concept to the county, and the city. Without a limited exclusive period, there is little opportunity to recover our upfront investments to launch this program. An exclusive for Del Mastro Outdoor provides a better evaluation of the pilot because the city can measure the safety impacts, appearance improvements, revenue generation, and community feedback. Allowing competitors immediate access would enable others to benefit from our investment. One operator means one point of contact. One operator means faster problem resolution and more consistent standards. One operator creates a controlled environment for measuring success. Again, I respectfully ask for your approval for us to be the sole company. Thank you.

1:29:43 – 1:31:50Speaker 29

Good morning Madam Chairman, or Chairwoman, I'm sorry. James Torres, President of Downtown Neighbors Alliance. We're here on FR2 to completely oppose it. Let's start off with the premises. Beyond this ordinance, we're told construction fences are ugly. They're graffiti. They create visual blight. We all agree on that. But somehow, Commissioner Gabela's solution to visual blight is more visual pollution. Think about that. Apparently, if you have a corporate advertisement on a construction fence, graffiti suddenly disappears. That is not the case. Seriously, let's look at the aspects of everything that is going on here. You want to give company in exclusivity for one year. That makes no sense whatsoever. The downtown community is not into any additional billboards, lighting components, anything that has to do with it. It is very clear. These fencings require cleaning. They require enforcing. Guess what folks? We have that at the City of Miami. It's called code enforcement. It is very simple. Instead, we're creating a financial incentive, something of something that we are not supposed to or want to. The uglier the fence, the better excuse is to sell advertisement. And this is where the ordinance completely loses everyone. A construction fence has a purpose. Screening the construction site, it should become another piece of commercial real estate. But because you have one commissioner on this dais wanting to push an ordinance that does not belong in downtown, we're asking you not to push it through. Put it in your district. It's very clear. Miami should be risen for its standards of how the city looks, not lowering the standards because somebody figured out how to monetize it. So Commissioner Gabela, if your goal is to beautification, then beautify it. If graffiti is the problem, clean it up. But do not sell out our neighborhood by wrapping a billboard around a construction fence and calling it beautification. This is not a solution. This is selling out the city one square foot at a time. Thank you.

1:31:50 – 1:32:03Eileen Higgins

Thank you, Mr. Torres. Appreciate it. All right. Okay. Get at the podium, folks. If you're not there when it closes, I'll close public hearing. So if you're thinking about speaking, get in line. Thank you.

1:32:05 – 1:32:17Speaker 61

Elvis Cruz, 631 Northeast 57th Street. Madam Mayor, I have a procedural question. There are three or four tree appeals today. Will each individual appeal have its own public hearing when that item comes up?

1:32:21Speaker 50

Could you repeat the question, sir?

1:32:23Speaker 61

There are three or four tree appeals today. Will each individual appeal have its own public hearing when that item comes up?

1:32:29Speaker 50

They're quasi-judicial items, so they each have to be determined individually.

1:32:34 – 1:33:10Speaker 61

Thank you. Or there will be. Thank you. Great. So I don't have to speak to any of those, but I will ask that in general the city uphold Chapter 17 of the City Code, the Tree Protection Ordinance. That has not always happened. Most Miamians do not know that at the Mel Rees Golf Course, many, many trees were removed without any intended decision or public hearing. How many trees were removed from the golf course? 1,300 trees were removed with no opportunity for the public to appeal. Am I wrong?

1:33:10 – 1:33:31Speaker 50

No, I just wanted to clarify something. You asked whether it was a public hearing. I said it's a quasi-judicial hearing. So there's a difference between a public hearing, which is where members of the public can get up and speak. This is a quasi-judicial hearing where the parties will speak. The interested parties will speak. So it is not a public hearing per se, but they will be determined individually as a quasi-judicial hearing. Just wanted to clarify that for you.

1:33:31Speaker 61

So every appeal hearing I've been to before, they do open it up to the public. Is that not going to happen for the tree appeals today?

1:33:39 – 1:33:53Speaker 50

Not at City Commission. It's like a mini case. It's a quasi-digital hearing where the commission sits as a judge and the advocates make their legal arguments if they have standing and things like that. So it's not a public hearing per se.

1:33:53Speaker 61

So that happens at HEP Board, but not at City Commission?

1:33:56Speaker 50

I can't speak to what happens at HEP Board, but I can tell you how the commission acts.

1:34:01 – 1:34:40Speaker 61

Okay, so getting back to the Melrose Golf Course, how many trees were removed from the golf course? 1,300 trees were removed. Does it get any more evil than that? Also, please don't pass FR2, which turns construction fences into billboards. We already have too much of the visual pollution known as outdoor advertising. They're selling it as anti-graffiti, which makes no sense. The graffiti vandals will simply spray graffiti on the advertising. Lastly, thank you for opposing Live Local, one of the most horrible laws ever passed in the state of Florida. Thank you.

1:34:40Eileen Higgins

Mr. Cruz, I think we know your name and address, but you still have to state it on the record. Sorry. Thanks. Did I not say it at the beginning? I don't think so.

1:34:48Speaker 61

Elvis Cruz, 631 Northeast 57th Street. I appreciate it. Thank you. My pleasure.

1:34:53Eileen Higgins

Mr. Trainer, did you want to speak, Monty? Yes? Okay. Please, go ahead. Thank you. You can speak from there. That's no problem. Todd.

1:35:06 – 1:36:44Speaker 67

Remember. This is nice to be back. No, no. I hate to make a joke out of things. Anyway, I've just got out of rehab. And I came down once again to speak as far as Rosario's committee and the GAP program and all the graffiti that goes on around the construction. But in the meantime, I was thinking in 1969 when I started building Monty's, I thought this would be a beautiful restaurant here. And I would like to see this be a museum, restaurant. It would save you a lot of constructions. because it's ready to go right now as it is. They're doing things like this in New York. Why can't we do something like this in Miami? Oh, here I go. Anyway, I think it's a worthwhile project on an annual basis. It's not going to be forever, but one year on this pilot program for the Gap, and see how it works. And I think it would be beneficial for all of us for all the graffiti that goes on. And I know that coming back in from the rehab, I noticed all the construction going on and so much graffiti. So let's see what we can do with it for a year and put a little holder on it. And in the meantime, think about a restaurant. It's not a bad idea. You like it, everybody.

1:36:44Speaker 67

And listen, everybody up here has been part of the restaurant, and it'd be something that'd be very popular.

1:36:51Speaker 66

What did I tell you?

1:36:54 – 1:37:19Speaker 67

Okay, thank you for the time, and it's nice to be back for a while, and nice to see the mayor up there along with the commission, so it gives a little flavor. And so thank you very much for having me, and welcome to the new commissioners once again. and I'll be back to see you as soon as I get out of the rehab again. Thank you.

1:37:20Eileen Higgins

Thank you, Monty. I'm glad rehab is going well. We're always happy to see you. All right, I see no one. All right, you're in line. Okay.

1:37:29Eileen Higgins

Anybody else? Folks, get in line and get by the podium. Thank you. We're trying to be efficient. Appreciate you.

1:37:35 – 1:39:32Speaker 56

Thank you, Mayor. Go ahead. Of course. Thank you, Mayor. Commissioners, hope you've all had a great summer. Thank you all so much for all the progress you've made this year. As we get into the fourth quarter, I think it's really worth looking back at how much it's taken to get up to speed. Particularly, I want to thank all the workshops that were held this last month for trees in the different neighborhoods. I think that was a good effort. I, like a lot of you, was out of town, so I wasn't able to participate. I heard it didn't go so well. It was kind of disorganized, messy. We need to do a little bit better. And Gabela, Commissioner, I think that, you know, the idea, and I've heard a lot of people giving comment on ads. I think it would be nice to be able to see, like, what will people get if they don't do this versus what they get if they could. And visualizing things would help people understand. Maybe they get a really worse deal than they're thinking. But Outfront is a big opportunity for us to negotiate. They have a lot of promises. They run our bus shelters. It's a separate contract, but I think it's a good opportunity to come to the table with them and see how we can maximize the value to the city. So I do commend you on trying to get value for our city. And of course, I also want to think, talk about the headboard comment that the Sierra Club made. I agree. The legal opinion that we got, I don't think was adequate. I think that the reading of the language preventing us from having standing as a community and for nonprofits was wrong. So I think that that should be addressed and we should be able to try that again one more time. And lastly, talking about The bond, as a member of your police department with Citizens on Patrol and Fire, I support it. I think it should go, as we've mentioned during the last discussion, we should have a dashboard to understand where we're at with our city debt, what is our debt holding capacity, and how will it affect us for 2027 as we're expecting a big hit from the state. So I think we should analyze that a little bit better if possible and leverage the Finance and Audit Committee for things like that and the Tree Trust Fund. Thank you.

1:39:32Eileen Higgins

I think we just need your name and address for the record, correct?

1:39:34Speaker 56

My name is Silvio Frank Pupo Casco, and I'm a resident of D1. Thank you for that.

1:39:38 – 1:40:19Eileen Higgins

Thank you for coming, appreciate it. All right, I see no one else, am I right? All right, public comment is closed. All right, colleagues, we'll take a few things in order. Commissioner Gabella, there's a couple items on the agenda that cannot be voted on until the Allapattas CRA meets. So there'll be a moment, probably this morning, that we'll recess this. So team Alipada CRA, be ready in the middle of the morning to go into action. All righty, I would entertain a motion on the minutes from the past four meetings.

1:40:23 – 1:40:34Eileen Higgins

Show those passed. On the consent agenda, is there anything that would like to be bifurcated? Seeing none, I would entertain a motion. Motion. Mr. Clerk.

1:40:35 – 1:40:46Speaker 54

And Chair, so that motion will be on CA items CA2 through 7, and CA4 is going to be amended to substitute Exhibit A in the backup documents. So CA4 is amended. As amended.

1:40:47Eileen Higgins

All right. Can I have a motion again on that? So moved.

1:40:52 – 1:41:23Eileen Higgins

All right. All in favor? Aye. Show all of those passed. On the public hearing items... Do we have any bifurcations on those? All right, seeing none, I would take a motion. Motion. Second. Motion and second. All in favor say aye. Aye. Any opposed? All right, show those passed unanimously. Okay, on the resolutions, do we have any bifurcations on those?

1:41:24Damian Pardo

Yeah, I'd like to pull RE 9, 10, and 11.

1:41:28Eileen Higgins

Say that's 9. 10. 10.

1:41:31 – 1:41:45Eileen Higgins

And 11. Anyone else want to pull any of these others? I'd like to pull RE14. RE14. Anyone else?

1:41:46Ralph "Rafael" Rosado

I'd like to pull RE18. Okay, RE18. 17.

1:41:49 – 1:42:37Eileen Higgins

Okay. Okay, anything else? All right, so let me just recap the ones that are pulled so we see if we're all in agreement. RE7 isn't pulled, but Commissioner Gabella, we can't do that until after the CRA meets. RE9, RE10, RE11, RE14, RE17, RE18. Have I missed anything? Okay, I would entertain a motion on the rest. I believe, Mr. Clerk, you may have some minor amendments to make on... Did you put 17 in there? I have already 17 pulled.

1:42:39Speaker 54

Thank you, Chair. RE2 will be amended pursuant to a substitution memo dated January 29, 2026.

1:42:45 – 1:43:02Eileen Higgins

Okay, so I would entertain a motion on RE1. RE2 is amended. RE3, 4, 5, 6, 8, 12... 15, 16, 20, 21, and 22.

1:43:04 – 1:43:57Eileen Higgins

Moved and seconded. All in favor say aye. Aye. Any opposed? All right, so all those items carried. Commissioner Gabela, are you ready to run the Allapattas CRA if I recess now so we can get to RE7? Yes, ma'am. Mr. Manager, do you mind giving up your seat to the? So the CRA director, is he in the house? All right, so show this item resource recessed for, I don't know, probably five minutes. You need to redo the tape? All right, so you let us know when you're ready. Soon enough, we'll go back to our regular scheduled where we won't have to get a few items approved before we can do with the agenda. You won't have to wait for these anymore. So just give us a few months to get into sync on that. Thank you.

1:44:08Speaker 54

Mayor Higgins, we're good to go.

1:44:09 – 1:44:29Eileen Higgins

All right, meanwhile, we are back in session at the City of Miami Commission meeting. The next item on the agenda for the resolutions is RE7. My understanding is we would need to amend that similarly to the amendment that was just made at the CRA meeting. Is that correct, Mr. Cook?

1:44:29 – 1:45:07Speaker 54

So I have separate amendments. I'll defer to the city attorney regarding the amendments that were made at the Allopata CRA if there need to be additional amendments to RE7. But the amendments that I have for RE7, the ninth whereas clause of the resolution will be amended to include the Allopata CRA meeting date of September 10, 2026. and resolution number ACRA-R-26-0004. The title in Section 5 of the resolution will be amended to change city clerk to city manager or designee, and Exhibit A will be updated to correct the name of the CRA. Now, I don't know if there are additional amendments that also need to be made.

1:45:09Speaker 50

The actual interlocal agreement that was an attachment will be amended as it was amended by the Allapattah CRA. Understood. So that's the only other amendment.

1:45:17Eileen Higgins

So, Commissioner Gabella, would you like to move that with all those amendments? Yeah.

1:45:22Eileen Higgins

Motion. Is there a second?

1:45:25Eileen Higgins

All right. All in favor say aye.

1:45:28Eileen Higgins

So, that approved. Okay. We're moving on to our... Thank you again. Yes, sir. We're moving on to RE9.

1:45:36Damian Pardo

That's the item I put... Yeah.

1:45:38 – 1:46:14Damian Pardo

That's vacation and short-term lodging. And really, this has been a scourge in the district. This is... it's incredibly difficult to try to deal with. And I know city manager, that's why this is directing kind of like let's identify the universe, let's figure out how many violations are out there with the city attorney. It's more about after 2011 and the registries for these short-term rentals and what the legal challenges might be. And I don't know, do you have any update with regard to any of that? Yes.

1:46:14Speaker 50

Yes. Let me have Assistant City Attorney Rachel Dooley. Right over there. Who is my subject matter expert. Give a brief update on that. Thank you.

1:46:23Speaker 44

Hi. Good morning. Rachel Dooley, Assistant City Attorney. The question was in terms of legal challenges?

1:46:30Damian Pardo

Legal challenges, what would our capacity be to set up a registry so that we can start taking more of an enforcement perspective?

1:46:38 – 1:47:44Speaker 44

Right, well I think those waters have cleared a lot in the last few years. We were involved since I believe 2016 or 17 in a lawsuit where Airbnb sued the city with regards to our T3 transect zones. We had a very favorable ruling from the Third District Court of Appeal, which we stuck with, which protected our T3 single family home transect zones. That case stayed open for quite a long time. Airbnb finally sort of walked away from that lawsuit. But it took many, many years. They are currently, I think, in support of a registry program going on on the West Coast. One we have drafted is very similar to that. And currently, as long as we are not... creating something that either impedes short-term rental that doesn't already exist, in other words, preventing it, saying you can't do it here, you can't do it there, that doesn't already exist in our law, or we don't try to limit, I believe, what people can charge, then we seem to be okay.

1:47:45 – 1:48:01Speaker 44

So we're following along with the other ones that have gone through, that have passed, but that other lawsuit lasted for a very, very long time, so... During that course, during the term of that lawsuit, we stayed our course and held everything in abeyance.

1:48:02Damian Pardo

Thank you. I appreciate it. I'm sure my colleagues might have questions.

1:48:05Rolando Escalona

I would like to ask a question to the chair. I know we created, before my time, a task force. I would like to know what happened to that task force.

1:48:25Speaker 32

Good morning, Mayor, Commissioners. No, sir, there was no task force created.

1:48:30 – 1:48:44Rolando Escalona

They came, yes, there was. I guarantee you there was. It was created by previous Commissioner Carollo, and they went out there, they assigned two employees from court enforcement.

1:48:46Speaker 32

I will bring the court compliance director up, but- Commissioner, if I may?

1:48:51 – 1:50:16Speaker 30

MOVING FORWARD AND LOOKING TOWARD THE FUTURE AND ASSISTING WITH THIS RE9 I THINK THANKS TO RACHEL'S EFFORTS. I DON'T KNOW WHERE RACHEL WENT BUT THERE SHE IS RIGHT NEXT TO ME. SO THANKS TO RACHEL'S EFFORTS AND THE OTHER DEPARTMENTS. THE COLLABORATION THAT I'VE SEEN AS A RESULT OF SOME OF THE CHALLENGES THAT WE'VE MET IN THE LAST COUPLE OF MONTHS DEFINITELY WARRANT A TASK FORCE. I WOULD SAY AND I APPRECIATE THAT PERHAPS IN THE PAST THERE WAS A to the point of both of you, a quasi two folks assigned. I truly believe that this warrants a multidisciplinary task force, right? That involves fire rescue, police to measure calls for service, code to impose, obviously, as you know, the restrictions and the warnings necessary to move us in a direction where everyone feels that their needs are being met. So we have had discussions in terms of establishing a task force. Regardless of what existed in the past, what my recommendation would be is that it would be multidisciplinary so that everyone's represented to include legal. Because one thing I did find in the last couple of months as we tackled some of the issues that have been well documented is that everybody brings a different perspective. Everyone has a different role in the enforcement. And we're stronger together. So that's what I would recommend moving forward.

1:50:16Rolando Escalona

When can we have it ready, the task force? Yeah.

1:50:20Eileen Higgins

Yeah. Is this something you can just set up so we don't have to waste an agenda item?

1:50:26Eileen Higgins

Thank you. Madam Mayor?

1:50:29 – 1:50:49Christine King

Yes, ma'am. I have a question. When I got elected, short-term rentals was a big issue, and it is governed by the state, so we had very little authority to do much. I proposed for short-term rentals that it had to be owner-occupied. We still can't do that.

1:50:50 – 1:51:23Speaker 44

because of the state. So the transect zones run differently in our T3 transect zones. That's a whole different ballgame from our T4s, T5s, and T6 residentials. But in general, no, we cannot add any new restriction after that time. So if it already isn't there, the Third District Court of Appeal sort of flushed out what we're allowed to do in our transect zones for T3s.

1:51:23 – 1:51:49Christine King

And so that's why that's more clarified, but for the rest of them- We're just checking because I think a lot of our issues would be resolved if short-term rentals were designated only for home-occupied residences and then longer-term rentals. But, you know, somebody might in Tallahassee come up with that sooner or later. Thank you.

1:51:50Damian Pardo

So did we include as part of that a directive to establish that?

1:51:55Eileen Higgins

I think so. How much time do you need to get it started and then to maybe report back to us?

1:52:08Speaker 30

30 or 60, whatever. All right. I mean, we already have a framework that we've been using the last couple of months, so it's just formalized. Okay, so 30 days? 30, we can do it in 30 days.

1:52:18 – 1:52:29Eileen Higgins

Stand it up in 30 days and then work for 60 days and get back to us, I think. Is that acceptable with you guys? Yes. All right. Thank you. Appreciate it. Do I have a motion on RE9, Commissioner?

1:52:30Speaker 54

And that will be, my apologies, Chair, that will be as amended to include the directive stated by Commissioner Pardo.

1:52:36Eileen Higgins

Yep. All right. All in favor, aye?

1:52:41Eileen Higgins

All right. Show that item approved. RE10, keeping our home our home. Commissioner Pardo.

1:52:50Damian Pardo

RE10 is basically we don't have to abandon our past.

1:52:54 – 1:54:11Damian Pardo

And we have 70 years of history, of legacy, you know, really of everything in this building. And if you think of what this was originally, which was Pan American Airways, starting routes from here to the Caribbean, South America, Latin America, that defines what we became. I still remember American Airlines talking about, we are the gateway to Latin America. And even now, with tech, Microsoft just moved their tech hub here as the gateway to Latin America. So when we think of our city, kind of like the soul of our city, and this building, and to think that what we're doing right now, right now, our leaders did for 70 years here. We're debating about your future, and you are here telling us what you want, what you think, and what you'd like to see. This is the civic space, kind of like our ancestral home in the city of Miami. It doesn't just represent, you know, because it's located in Coconut Grove. This is Miami's city hall. It represents Alapata, Overtown, Flagami, Little Havana, like all of us. This is really what it's about, and it's our history. And I just wanted to put that in writing because this had never come before us. So that's my piece.

1:54:12Eileen Higgins

Well, I'll take that as a very beautiful motion. Do I have a second?

1:54:16Eileen Higgins

All right. All in favor say aye.

1:54:20Speaker 54

What are we doing?

1:54:21Speaker 54

I think there was some unreadiness by Commissioner Gabella.

1:54:24Eileen Higgins

Okay, Commissioner Gabella.

1:54:25Miguel Angel Gabela

Yeah, what exactly are we voting on?

1:54:28Eileen Higgins

That we will continue to have our city hall, our commission meetings in these chambers in the foreseeable future.

1:54:33 – 1:56:44Miguel Angel Gabela

Okay, so I have reservations about this, and I'll tell you why I have the reservations. I agree totally with everything that Commissioner Pardo said here today. The problem is that we just spent money on a supposedly new city hall that some of us approved about two or three years ago. And I, for one, do not want to give the impression that, you know, how many city halls are these commissioners going to have? And if they weren't going to use that city hall down in the Freedom Park, why the hell did they build it anyway and spent the taxpayer money? You see, that's what I'm concerned about. Maybe there's another use as a museum. I mean, hell, I love my office. I have a beautiful view overlooking the Biscayne Bay. I'm a boater. I mean, I love it. You know what I mean? But, you know... You know, I fear, you know, that, you know, and by the way, yes, there were a lot of people in support of that, but, you know, a lot of the people that are in District, let's say, 4, District 3, District 5, my district, are not here today. Because simply put, what I saw here today were the regulars that are into this, and God bless them for being here and speaking out, but not necessarily when they speak out, are they representing my district or her district or a scholar's district or your district down there, Commissioner Rosado. So, like I said, I would not entertain this right now. I think, yes, we heard from the audience here today, but this is not all of City of Miami. This is not all the five districts. Mainly, sir, with all due respect, this is the people in District 2. And I also find it a little bit offensive that you guys, I live in District 1. I come all the way down here. I find it a little bit offensive you guys can't drive to District 1. to have these meetings. We've been doing it for so many years. But for me, the most important thing is, what does the taxpayer think? What is he going to think? That's a question that I think we need to answer. And I, for one, do not feel comfortable just doing this right now as it is. So my vote on this, if we're going to keep the city hall, and that is the question, I will be voting no. Thank you very much.

1:56:45 – 1:57:15Damian Pardo

There is plenty of opportunity to redesign the spaces and figure out the uses in the other place and still maintain this as city hall. It cost us $290,000 to maintain this building. That is well worth it and we can have multiple uses here and combine civic use of other organizations, leasing it, we can make revenue. We just have so many options that this shouldn't be a hindrance to passing this item. That's my point of view.

1:57:16 – 1:57:29Christine King

And just for the record, I did have a constituent in my district come and advocate for us to keep City Hall here. Just for the record. All right.

1:57:31Eileen Higgins

Any more discussion? There's a motion and a second. All in favor say aye. Aye. Any opposed?

1:57:37 – 1:57:50Eileen Higgins

Please show one no. The item passes. Thank you very much. Okay, we will move on to RE11. Commissioner Pardo? Yes. Who pulled this item? Did you? I pulled it. You pulled it. Okay, Commissioner Pardo, I thought so.

1:57:50 – 1:59:25Damian Pardo

Yeah. So anyway, what I wanted to, I'm going to kind of break this down in steps. First, I want to talk about the reserves because I think the reserves, excess reserves are 37 million and I know that The administration would like to reserve 20 of that 37 for potentially future revenue that might be coming down the pike. But what we're talking about here are the stations that have been delineated in the schedule and repairs and modernizations that all of us have said are critical and important to get done. So my concern here is we should absolutely use that money and apply it to these projects on this schedule, nothing else. has as far as the bond goes if the bond passes this can be reimbursed entirely by the bond so all we're doing is we're starting these repairs and modernizations now so that you know it's going to take procurement it's going to take months maybe eight months to a year for these stations to get going when the bond passes those buildings those structures may take two years to you know just to issue the bond just to get everything in order so I'd like us to move on these because they're critical they're important we have the excess funding and we should just apply it so Commissioner Pardo I didn't see the language specifically saying that when the bond passes or should the bond pass that that fund would be how we

1:59:26Eileen Higgins

reimburse the reserves. Is that in the item, Mr. Attorney?

1:59:29Speaker 62

No, it is not in the item.

1:59:30Eileen Higgins

Should we modify it to put in a sentence?

1:59:32 – 1:59:48Speaker 62

Well, we would have to do an intent to reimburse resolution, which is what we do for tax purposes. So every time we want to reimburse ourselves, we'll do an intent to reimburse resolution. And we can only reimburse ourselves for any expenditures after that or 60 days prior to that intent to reimburse resolution.

1:59:48Eileen Higgins

Are we able to do that today with the resolution or you need to prepare an item for the next meeting?

1:59:53Speaker 62

We'd probably have to prepare an item for the next meeting.

1:59:56Damian Pardo

And just another question. With that item that you have to prepare for the next meeting, are we okay passing it contingent on that item being presented in the next meeting?

2:00:10 – 2:00:31Speaker 62

I would have to confirm that, but as long as no expenditures are made, then we should be fine, as long as no expenditures are made. But yeah, we'd have to do an intent to reimburse resolution on that. And I think from a reserve standpoint, I think there is a process to do that, which would be at the close, I would assume, right?

2:00:32Damian Pardo

It definitely is better for us because we're not paying interest expense. It's not being charged to the bond, so it accrues to our benefit to do it.

2:00:41Eileen Higgins

Yes, Commissioner Gabella.

2:00:43 – 2:01:19Miguel Angel Gabela

Yeah, you know, I think that's a good idea. As long as, remember the provisions that we put in place, okay, that number one, when we sell the building, you know, you guys know the whole deal, it's got to go down to pay down the debt, you know, and we don't start changing anything. doing stuff like this every so often. I'm okay with it. I think it's a good idea, Commissioner Pardo, that we start doing this stuff and then we reimburse as long as it doesn't change anything of the guardrails that we put in place for the bond. Agreed. I'm okay with it. And that it doesn't change our credit rating because of the reserves. So those two things, then I'm good to go.

2:01:20 – 2:01:33Rolando Escalona

Assistant City Attorney, can we legally, if the bond passes, would If we pass this today, the bond passes in November, can we legally take the money from the bond and put it back into the reserves?

2:01:36 – 2:02:06Speaker 62

So that's why I think what I was discussing was there's a process to get the reserves, and it's usually during closeout, right? Because then the fiscal year has ended, and then you can determine exactly how much you have in excess of the reserve requirement, and then you take that money to move forward to pay for anything moving forward. So that's the appropriate way to do it so that you're not taking from the reserves outside of the requirements under the financial integrity principles and that you are reimbursing yourself for something, not reimbursing your reserves.

2:02:06 – 2:02:35Eileen Higgins

So, Mr. City Attorney, can I ask you a question? I mean, it's pretty clear that we found a good solution to start to accelerate these projects, Commissioner Pardo, but also find a fiscally responsible way to reimburse the city when the bond passes, is it better for us to defer this to the next meeting and come back with an item that combines all those attempts, or can we do it in a two-step process? What do you think is best?

2:02:36 – 2:03:13Speaker 62

So it would be better to move it on, but the only other thing I want to raise is to do an intent to reimburse resolution prior to being authorized to issue bonds, I believe is an accounting, there may be some accounting issues with that, because if the bond is not approved, then we cannot reimburse ourselves, and that's a liability to the city. So that would be an issue on that end, because we have spent money, said we reimburse ourselves, but it's accounted in a different way, if you can, the CFO can go. Yeah, it's booked as a liability if we do an intent to reimburse resolution.

2:03:14 – 2:03:47Eileen Higgins

So, I mean, I know Commissioner Pardo wants to get this done quickly because these are issues that, you know, we're not going to be able to do all these repairs right away. We'll do them in series, but I think what you're saying is you'd like to get started, right? We all would like to get started. It is very clear that we could put that intent to reimburse item on the November 19th agenda, because that would be after election day. But I'm not positive we want to wait on this until then.

2:03:47 – 2:04:19Damian Pardo

The reason I don't is because, God forbid, if it doesn't pass, we already have started down this journey, and we already have the reserves. What you're talking about is the resolution for reimbursement. I'm talking about committing these 10 to that, and you've already stated that, yes, we could get reimbursed from our bond after issuance. That's our intent. We're stating we'd like to be able to reimburse this money after issuance. But in the meantime, let's get going. Let's not keep pushing this down the road. We have the opportunity to act now.

2:04:19 – 2:04:49Eileen Higgins

So colleagues, here's my suggestion. Since we can't make a motion or do the item on the intent to reimburse until after the November election, maybe we do the sort of simple show of hands that we all are committed that we would pass an intent to reimburse once the bond passes. So, you know, show of hands. So at least publicly on the records, You know, we're showing that intent and then go forward with this item.

2:04:50Damian Pardo

The issue that I have with that is what if the bond doesn't pass? I mean, I don't think we should wait.

2:04:56 – 2:05:50Eileen Higgins

I agree. You and I are agreeing. I'm probably not explaining myself as well. I think the bond is going to pass, right? I've been out in the community. We've been talking to residents. We've communicated a lot. We've been doing polling. It has pretty overwhelming support. People want to be safe. They understand that our city has been fiscally restrained and that we haven't built the fire stations in the neighborhoods we need to provide coverage to places that have very, very slow response times. And it is our job to communicate to them that this is needed. But I do think we could have an item, or we could direct that an item would be prepared for the November 19th, which by the way, gives you plenty of time to work on it, Javi, meeting. That was my thought.

2:05:50Damian Pardo

Yeah, I'm just trying to figure out why these can't be separate.

2:05:54Eileen Higgins

I'm saying they can be separate. Should we vote on this now? Correct.

2:05:58Damian Pardo

I'm just saying the reimbursement. I'm sorry, I misheard.

2:06:01 – 2:06:22Speaker 62

No, I just want to be clear that the reimbursement can only occur once that's issued and also based on when the expenditures are made. So if an expenditure is made tomorrow, we don't have this intended reimbursement. We're outside of the timeline. Then we would not be able to reimburse. I'm sure it won't be made tomorrow. I just wanted to make it clear that that's where the issue comes up. Thank you.

2:06:22 – 2:06:40Eileen Higgins

All right, so is that sort of legally spiegely enough, good enough for you, Mr. City Attorney? Yes, Madam Mayor. Okay, thank you. Colleagues, any more discussion on that? If not, we'll vote on Commissioner Pardo's item today. I see Mr. The City Clerk.

2:06:41 – 2:06:53Speaker 54

And there's just, I have one amendment for RE11, and that is to add the following language in Section 3 of the resolution and signature of the mayor. That'll be added to Section 3 of the resolution for RE11.

2:06:53 – 2:07:04Eileen Higgins

Okay. And then we will basically be giving you a directive, which we won't vote on, that you will prepare an item for us for November 13th. Is there any unreadiness?

2:07:06Rolando Escalona

So move as amended.

2:07:08 – 2:07:29Eileen Higgins

All right. All in favor say aye. Aye. Aye. Any opposed? Show that item passed. You have your work cut out for November 19th. All right, now we are moving on to RE14. I believe there might be an amendment on that too. Commissioner Escalona, do you want to explain your item? I want to hear Commissioner King.

2:07:29Speaker 44

And I think Commissioner King, you would want to just speak about it as well.

2:07:34Christine King

I simply want to ask staff, where's the funding coming from for this item?

2:07:44 – 2:08:03Speaker 30

Commissioners, to be determined at this time, the item does not identify the funding, so the funding would come out of either two options. Obviously, from this side, it would be general fund or reserves. I believe the commissioner had some discussion that he wanted to have as it relates to the funding.

2:08:03 – 2:08:39Rolando Escalona

The only reason we want to do this is, as you know, we passed a resolution to create a bid for Calle Ocho. Coconut Grove bid took four years. We're not doing that. We're already collecting signatures. We're trying to get it done within two years. So I'm okay to cut it to two years, if that's okay with you. Because I know in two years we're going to get this done. But Calle Ocho is one of the most visited places in Miami. I believe it's the second, if I'm not mistaken. And we need public safety. We need sanitation. We need many, many other things just to try to make it to what it should be.

2:08:40 – 2:08:59Christine King

So are you saying that it won't be funded for two years or it'll be, how is it going to be funded? That's what I'm trying to get at. I agree with you. I'm just trying to see where the funding is coming from. And when do you anticipate this being funded?

2:09:02Christine King

Next fiscal year. Mr. Manager.

2:09:08 – 2:09:22Speaker 30

As I said prior, obviously the proposed budget that we have before you that we presented did not take this into consideration. So if it's solely general fund, then we would have to adjust our proposed budget for 2627 to reflect.

2:09:23Christine King

Well, he said next fiscal year. No, no, no. You mean this? Okay.

2:09:28 – 2:11:04Speaker 30

26, 27. So that means we need to cut $3.5 million worth of whatever's in there right now to accommodate the $3.5 million that's being requested. So that's one option. The other option, obviously, we just discussed. Reserves, exactly. Or something else, reserve dollars, using reserve dollars. Excess reserves. And, you know, the other question that comes into play, like in some of the other bodies, right? I look at Commissioner Gabela, is the reimbursement portion, is there a reimbursement portion to the item? And the reason why that's important, and I think Commissioner Rosado has a discussion item as it relates to Amendment 3, is that with Amendment 3 on the November ballot, we want to make sure that we maintain a healthy reserve because we will talk, as part of the discussion item, what the potential impacts of that are as it relates not only monetarily but service-oriented as well. So we want to make sure that we have capable reserves that we could absorb some of the impacts that will be being passed on to our residents as a result of having a smaller budget. So with that said, it's making balancing or this body can balance entertaining using our reserve dollars for something like this or making difficult decisions to cut $3.5 million worth of services or budget going into 26, 27. so that the Calle Ocho bid can have their funding for year one of this item.

2:11:04 – 2:15:07Christine King

So that makes my point for what I've been saying about the city being fiscally responsible. We are asking the city to pass a bond to shore up our fire stations when I have spoken to so many developers within the city of Miami, Miami-Dade County, and within the US who are utilizing public-private partnerships. We don't have a lot of money. I was told that our budget is $20 million short and they have to figure out how to do it. But this is a glaring example of the needs that our community has. You need that money. Perhaps we could have used some money from the bond that is proposed to shore up Calle Ocho, which is a tourist destination and other things. We are also trying to propose a bond, and we don't know what's going to happen with Amendment 3. And if we lose those resources, how are we going to make that up? Commissioner Gabela needs a CRA. There are so many needs. And I'm not saying that we don't need to shore up our fire stations. I'm saying What if the bond doesn't pass? Because the mayor seems to feel that there's overwhelming support for the bond. But I would say, and I'm looking at people shaking their heads agreeing with me, I haven't spoken to one person who is in support of the bond. And I haven't even started. Started. community outreach in my community about it, which I will begin to do town hall meetings, I've not ever seen someone try to put forth a $450 million bond without first going to the communities. I see those polls. The questions are skewed. It asks this, that. I saw one that says, am I favorable? What do you think about me? Am I favorable? pretty favorable in my community, and no one that I've spoken to as yet, not just in my community, but in other communities, supports this bond because of all of the uncertainties. Now we're trying to stretch into our reserves, but again, there have been public-private partnerships that have built fire stations in the city of Miami. Absolutely. In your district, Commissioner Rosado, Public-private partnerships, the mayor said, don't work in the city. It doesn't work in the city because we don't require them to work, because we do not put together agreements that would hold the developers to the fire and make them do what they promise to do. That's a failure on administration, that's a failure on us, but we don't have an unlimited source of money. We can't grow money in our backyard. And I personally want to be more fiscally responsible for my district. I don't know about the rest of you, but for my district and is why I'm saying, where is this money coming from? And then Mr. Manager, if you can find 3.5 million for him, I dare say you would need to find it for me as well, because I have needs where I don't have a CRA in my district that has infrastructure, flooding, issues, parks, and everybody knows I'm an advocate for parks because that's where our children go to be safe. We have safety, police issues, everything. So if they can find 3.5 for you, I'm telling you right now, Mr. Manager, you need to find it for me as well.

2:15:08Miguel Angel Gabela

Okay, can I, Madam, through the chair?

2:15:12Eileen Higgins

Commissioner Caballon, then Commissioner Pardo.

2:15:13 – 2:17:18Miguel Angel Gabela

Okay, all right. So I was going to say also, okay, so, you know, I happen to agree with the chairwoman on that if she can find 3.5. Look, I want to help your area. I know your area needs help. I know her area needs help. Everybody's area, right? Okay, but here's the thing, guys. I was in line here. You know, you guys remember going back into memory lane here, when you, Commissioner Pardo, was here, and Commissioner King, you were here, and I was here. Commissioner Escalona was not here, and I think Commissioner Rosado was not here either. But we agreed that we were going to establish the ala pata series. And you, sir, have been forthcoming and have forked over the money that you promised to the tune of $2 million a year, which now you owe us another $2 million, by the way. So that's four. But we also had a discussion here that we were going to take another five to six and give it to the Allapattas CRA for seed money for about five years. So now I'm going to do the same thing. And by the way, I went through the hurdles. I went through the hoops. And I want you to succeed. I want all of you guys to succeed. But so what I'm saying is, I'm coming. I think we had this conversation of the promises that were made to me by my colleagues. You know, and that was the deal. A year and a half, you know, before anybody's talking about this today, that was said, that was promised, okay? And I'm not, you know, I'm not letting any one of you escape from the promise that you made, okay? Because the verbatim is there. You know, it might not be on paper, but the verbatim is there. So, sir, the next commission, prior to the next commission meeting, I'm going to hand you a piece of paper, a resolution, that says I am looking for the money that was promised to me. And remember, I was two years at this jumping through hoops and hurdles for this, and I'm not going to let go because that was the promise made, and that's what we agreed to. So, guys, you know what I mean? I'm with you. I'm for you, by the way. I'm for you. I think you should have the money. But I just want to reiterate that I also am in the, you know, I'm lined up also for the funds. Thank you.

2:17:19Eileen Higgins

Commissioner Pardo.

2:17:20 – 2:17:38Damian Pardo

Yeah, I'm thinking very differently. Little Havana and a bit of Little Havana is transformational. That area hasn't had anything. I mean, we have CRAs, we have other, in many of the other areas.

2:17:38Speaker 23

What's going there?

2:17:40 – 2:18:14Damian Pardo

And I think that this is one of those moments that, yeah, we represent our districts, but maybe it would be good to step out a little bit and think about an area in our city that is trying to embark. I mean, these are baby steps for the bid. And I personally am not going to hold back the very first baby steps of an area that really needs revitalization and has been asking for it really for many, many years and not received it. Just like I did with Alapata. Right? So, I mean, I think we should move this. I think we should adopt this.

2:18:15Eileen Higgins

If I... Commissioner Rosado.

2:18:17Ralph "Rafael" Rosado

I was just going to say I'm equally supportive and happy to move this.

2:18:21Eileen Higgins

So, let me ask a question if you'll allow me.

2:18:28 – 2:19:26Eileen Higgins

Similar to CRA, when you put seed capital from another source into the CRA, the CRA will eventually be able to pay it back. Right? Similar to the discussion we just had on your item, Commissioner Pardo. But a bid Well, also, a bid doesn't generate quite the amount of revenue that a CRA does as quickly. But would you think about if we give some seed capital as a government to start up this bid in advance of the bid, that there would be a time period in which the bid would reimburse the city? Okay, we're done. And I think that puts us in this position because Sometimes it does cost a little money to start something, and then eventually the revenues come in to where you don't need that and you can pay it back. It's easier for a CRA to pay back more quickly than it would be for a bid. But I don't know, Mr. City Manager, I see our fabulous CFO here. What are your thoughts?

2:19:27Speaker 30

My thoughts is I heard a first and a second.

2:19:33Eileen Higgins

Let's move. Should we, you know, Commissioner,

2:19:36Rolando Escalona

I would like to move it as amended by me, two years only instead of four, so we can get the bid started and collect the signatures.

2:19:45Eileen Higgins

Okay, and would you entertain an amendment that the bid within, I don't know, five years after startup would pay the city back for these?

2:19:54Rolando Escalona

Since we're taking seven millions, if we can pay one million per year, because the bid doesn't generate that much money, I'm okay with that.

2:20:01Eileen Higgins

Okay, and I think, Mr. Clerk, we have a map as an amendment, too. Will you read that into the record?

2:20:08Speaker 54

Thank you, Chair. RE14 will be amended pursuant to a substitution memo dated September 2nd, 2026, and that incorporates the new map.

2:20:15Eileen Higgins

Okay, so Commissioner Escalona moved as amended and amended. Is there a second?

2:20:23Eileen Higgins

All right. All in favor say aye.

2:20:27Eileen Higgins

Any opposed? All right. So we've got two ways that we all pay each other back. So, so far, so good. We're doing the best we can to help you out, Mr.

2:20:39 – 2:22:06Ralph "Rafael" Rosado

So that one is my item, but I know that Commissioner Gabela, I think, is the one that pulled it. But i'm happy to provide a little bit of context in recent weeks i've had several people say hey we reached out to you about such and such issue and we didn't hear back and I get. incredibly uncomfortable when I hear that because I think I have a wonderful team and I want to make sure everybody has responded to. And in every situation it's turned out that somebody called 311 and they assume that if you call 311, which is a county phone number that that message is routed to our office. It may or may not be routed to city departments that can take care of issues, but in no instance do we actually find out at my district level. And I imagine this has probably happened to others. And it makes me very uncomfortable not to know what folks are calling in about. I certainly don't want to encourage the county to stop promoting 311 because if you live in unincorporated Miami-Dade, it is the right place to call. So I just want to make sure that moving forward, that there's coordination between the city and the county. So anytime somebody calls 311, we are each notified of anything that happens in any of our districts. We'd also included the Downtown Development Authority. In speaking with the manager, we realized as a practical matter, it's probably easier if everything is routed through his office and then he disseminates. And so I just think this is probably something that should have been in the works for some time and we're happy to help spearhead this.

2:22:08Eileen Higgins

Commissioner Gabella?

2:22:08 – 2:22:28Miguel Angel Gabela

Yeah, no, I'm for it. The only question was the liability issue that somebody raised in the thing, and I just want to know. I'm for it. I mean, I think it's a great idea. Because people assume that because it's over there, we're going to automatically find out about it. But we're going to suffer the consequences, right? Because they're going to call you, they're going to call you guys, right? And we've got to answer because that's what we're here for.

2:22:28Speaker 50

And the item is being substituted to avoid those liability issues to the elected officials.

2:22:34Miguel Angel Gabela

I've got no questions. I'm ready.

2:22:36Eileen Higgins

So, Mr. Clerk, do you need to read anything specific about that substitution?

2:22:40Speaker 54

Just briefly. So, our ASM team will be amended pursuant to a substitution memo dated September 9, 2026. Thank you, Chair.

2:22:47Eileen Higgins

OK. Any more discussion, colleagues? All right. Commissioner Rosado, I'll take you as a mover. Second. All right. All in favor, say aye.

2:22:57Eileen Higgins

So that item passed. RE18, Commissioner Rosado, I believe you pulled this. Yes?

2:23:02 – 2:24:33Ralph "Rafael" Rosado

Sure. I know we've been talking about looking for money. This is one where we have found some money that wasn't on, I think, many folks' radar, including my own, until pretty recently. But I know we each have a number of really important park initiatives, and I always try to figure out where there's money to fix parks and create new parks. And in speaking with our assistant city manager, we realized there is a fund intended to benefit the city at the Miami Foundation, specifically for park projects. It's been in place almost 20 years. I think it was founded by Mayor Manny Diaz, and he put the initial investment, which was substantial. but it's not something that we ever hear about, and we have over $3 million sitting there. Now, the challenge here is that the rules that were put in place when it was created only allow us to draw down about 7% a year, which is piddling. I don't think any of us, if we got the full 7%, could do much, and certainly if it's spread across the five districts, we couldn't do almost anything. And so the idea behind this is to work with the Miami Foundation, renegotiate the endowment structure, and reduce all, receive all the funds and actually have them distributed equally across the board. We would each get over $600,000 if that's the case, and I know we each have park projects that could benefit from this. If we have to leave some funds in there, I'm sure we can work that out with the foundation, but my request and recommendation would be that we release all the funds and have them distributed equally across the board.

2:24:33 – 2:25:20Eileen Higgins

Yeah, and colleagues, as Commissioner Rosado so ably Mentioned this was one of the first funds I met with the Miami foundation. It was set up as an endowment Which means well, you're the I see our finance guy nodding his head over here Which means you can't touch a huge chunk of it and you're only able to peel off 7% a year Which is basically I don't know enough for a swing set So it it will take some effort and may not be possible to change it from an endowed fund to something else or to abolish it altogether so that we can take it out. So I know that our assistant city manager and the manager have already been working on this, so I think it's a good initiative. So any more discussion or questions on this, colleagues? All right, is there a motion and a second? All in favor?

2:25:21Eileen Higgins

Show that aye. All right, Mr. City Attorney, we're on to the second readings. Would you like to read everything?

2:25:27 – 2:27:54Speaker 50

Yes, thank you, Madam Mayor. SR1, second reading ordinance, an ordinance of the Miami City Commission amending Chapter 19, Section 19-2.1 of the Code of the City of Miami, Florida, as amended city code titled Fire Safety Permit Required, Issuance, Fees, Annual Renewal, revocation and penalties use of fees to create subsection g to require the electronic submission of fire protection and life safety system inspection testing and maintenance reports through a web-based system including a third-party system designated by the city containing a severability clause and providing for an immediate effective date SR2, second reading ordinance, an ordinance of the Miami City Commission amending Chapter 20 of the Code of the City of Miami, Florida, as amended, City Code titled Flood Damage Prevention, providing guidelines and timelines for recertification of existing drainage systems. Amending related fee provisions, providing that applicable fees shall be set by resolution. establishing reporting criteria for compliance, and aligning drainage recertification requirements with the City of Miami's building recertification program, containing a severability clause and providing for an effective date. SR 3, second reading ordinance, an ordinance of the Miami City Commission amending Chapter 54, Article 5 of the Code of the City of Miami, Florida, as amended, titled Base Building Lines, to include an encroachment on the 9th Street Mall, containing a severability clause and providing for an immediate effective date. SR4, second reading ordinance, an ordinance of the Miami City Commission amending Chapter 2 of the Code of the City of Miami, Florida, as amended, titled Administration, Chapter 18 of the City Code, titled Finance, and Chapter 62 of the City Code, titled Planning and Zoning, by amending Sections 2-160, 2-830, 2-884, 2-886, 2-1013, 2-1108, 2-1123, 2-1272, 2-1308, 1886, 18-89, 18-139, 18-178, 18-182, 62-2.1, and 62-16 to provide, where applicable, that certain city commission supermajority requirements may be satisfied by the otherwise required four-fifths or two-thirds vote, or by unanimous consent of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation containing a severability clause and providing for an immediate effective date. That concludes the second reading items.

2:27:54Eileen Higgins

Colleagues, does anyone want to bifurcate any of these?

2:27:58Eileen Higgins

Okay, we'll bifurcate number four. Mr. Clerk, do you have any changes to SR 1, 2, or 3?

2:28:06 – 2:28:18Eileen Higgins

All right. I'll entertain a motion on those three, please. Motion. Motion. Second. All right. Motion. All in favor say aye. Aye. Show those passed. Commissioner Gabella, you're recognized on SR 4.

2:28:18 – 2:29:07Miguel Angel Gabela

Okay. So we had a little briefing on this, right? So I'm not comfortable with all of the, like we discussed, George, right? So I'm willing to do it, sacrifice the 4-4 when somebody is removed from office, incapacitated, you know, what we had, what we said, but not on everything else. I don't know if you guys share my concern that some of the things here, there's a reason why it needs a 4-5 vote, and I'm not comfortable now that two people are missing because they decided to miss the vote, and then all of a sudden that 4-5 vote that's needed turns into 3-3, and we're calling it, you know, a forfeit vote when it really, in actual fact... I'm okay with that. I'm okay with that. As amended. Okay, can you... Yeah, as amended, yes.

2:29:08Eileen Higgins

George, you want to read that amendment?

2:29:09 – 2:31:29Speaker 50

I'm not sure I... Well, so, I just wanted to clarify. There was some concern about the genesis of this ordinance was to clarify in the city code what a supermajority is, because the city code... is amended from time to time. A piece is amended here, a piece is amended there. And so sometimes the language gets inconsistent. For example, some parts of the code say a supermajority. Some parts say a four-fifths vote of the full city commission. Some say a four-fifths vote of the city commission. So we were trying to sort of make all the language uniform to say that whenever a super majority is required it would have the language of um may be satisfied by the otherwise required forfeits or two-thirds vote or by unanimous vote of the quorum that exists because of either abstentions which you can only abstain pursuant to chapter 286 of the florida statutes if you have an actual conflict and then you have to stay the conflict so that is not something that can be used generally So either abstentions, vacancies resulting from resignation, death, suspension, or physical incapacitation. So unfortunately, from time to time, we've had a short commission meeting. So if, for example, God forbid, two commissioners were unable to attend meetings and we only had three, three is sufficient for a quorum, but then the question would be, If it's a four-fifths of the full city commission, that would be you would require to have four votes versus four-fifths of three is a unanimous vote of the city commission. So it's up to you. I don't, you know, like I said, our intention was to sort of allow the commission to proceed when there are vacancies due to resignation, death, suspension, or physical incapacitation or those rare circumstances. instances where say one or more member has to abstain themselves because they have a a conflict or something like that so um otherwise you know the item couldn't move forward if you required four votes of the city commission so that's so but so far we've been we've been moving as it is right now and it seems to have been working right so flip it around take

2:31:30 – 2:32:18Miguel Angel Gabela

All else, in other words, if we get into the situations that you just mentioned, right, of being removed from office, resignation, death, that kind of, I mean, that to me, okay, that, you know, that works, you know. What doesn't work for me is that, you know, now we turn this into somebody doesn't want to show up because they don't want to take that vote, you know, or, you know what I mean, it's something so important, you know, that we're talking the taxpayers' money or anything else. And, you know, there's a reason why we have the four-fifth vote. I mean, it's not there for anything. I don't want to see that go up. I want to see that protection remain except for the, you know, potential of the, you know, catastrophic, you know, reason that's not going to happen. You know, the odds of that happening, you know, are very low, right? But we're protected if it does happen. But that's it. Nothing else.

2:32:21 – 2:33:31Eileen Higgins

I'll just, colleagues, talk about something that came up routinely at the county meeting. all of which was good. Many of the county commissioners and many of you either teach at universities, and we were getting to the point where there were so many people that could not vote on an item because, let's say, they taught at St. Thomas University or they were on the board of St. Thomas University and St. Thomas was going to get something that we couldn't even take a vote. And so the abstentions, because state law is so strict, The only time you can abstain from a vote, if you're in the chambers here, is if you're conflicted out. And so we did have to, on that case, even to pass our budget, go with members present. So that's just a little history that every now and then you get caught in an endless loop of, we used to joke, nobody else can teach at FIU and nobody else can teach at St. Thomas because otherwise we're not going to be able to vote on anything going through. So, George, do you have suggestions on how we might accommodate Commissioner Gabella's worries?

2:33:32Miguel Angel Gabela

Yeah, I just— Not my worry alone. No, they're good. They're good. Commissioner King, I mean, others I think are worried also.

2:33:39 – 2:35:03Christine King

I brought that up first reading, and George gave the same response. A four-fifth vote is a four-fifth vote. There are situations where, you know, I've lived through it with Commissioner Reyes. but we fill the seat. We had that situation when you guys got elected and we were voting on the budget and they didn't accept our vote as a total commission because it wasn't four-fifths and there were all kind of ramifications for that, but I would not want to water down a four-fifths vote to make it super majority of three. I said that before. during first reading. I think that we could creatively come up with a way to avoid what, George, what you are speaking about, but not by removing the four-fifths vote. The four-fifths vote should stay and you could carve out exceptions under certain circumstances that then in in the face of an absence, a vacancy, a death, then it could be the majority of the commission, but not because somebody didn't show up to work. And that's our, this is what it would be. I don't think that's right.

2:35:05Miguel Angel Gabela

We don't want to dilute. We don't want to dilute. All right.

2:35:09 – 2:36:45Speaker 50

And I appreciate that, but what I wanted, You know, what I wanted to explain was the various sections of the code that are being amended. For example, 2-884, membership on boards. The city commission waives the restriction by a four-fifths affirmative vote of its membership. That language already said four-fifths vote of its membership, so there you could not appoint a person with a... some sort of conflict, unless it's a unanimous vote of the quorum that exists because of either abstentions or vacancies. So, the next one, Education Advisory Board. What we're changing is city commission made by affirmative four-fifths vote Abolish the advisory committee at which time the powers and duties so it just said for this vote So there is it a forfeits vote of the Commission or is it a forfeits vote of the? members present or Appointed so there was there would be confusion anytime to dash 1106 comes into play and 2-1123, the same thing. Members of the full city commission. So arguably it would be four votes to appoint, to waive somebody's appointment to the Interfaith Advisory Council. 2-1272, Climate Resilience Committee. That currently requires four-fifths vote of the members of the full city commission. So you couldn't appoint somebody if you didn't have at least four members present and voting.

2:36:45 – 2:37:10Miguel Angel Gabela

Let's make it simple. Sorry to interrupt you. Let's make it simple. Let's make it the commission because the buck stops here with us and we hold the purse springs to the taxpayer money. The buck stops with us and... the panels or the boards, committees, whatever you want to call it, that have executive authority, then do those too. Everybody else, it's just an advisory board, it's an advisory board, right? So that would be my suggestion.

2:37:10 – 2:37:39Speaker 50

And the only other thing I want to mention is, like you may recall, when you first took office, there was a question about the millage rate and what the minority was. That was governed by Florida statute, so our codes don't address that. So that's not being affected at all. This was just various sections of the code that had different definitions for what a four-fifths vote was, and we were simply trying to make it easier to interpret that. So what you're saying is as far as boards and committees, you're okay with the four-fifths?

2:37:39Miguel Angel Gabela

As long as they're not at an executive level, right?

2:37:45Speaker 50

All right. We'll make those modifications.

2:37:48Eileen Higgins

So it sounds like we're going to defer this item for further work and clarification. That's a good idea. All right. Do you have a motion to defer?

2:37:56Damian Pardo

Motion. Second.

2:37:58Eileen Higgins

George, you want to spend some time with this? We won't set a date now. We'll do indefinite, but we could bring it back earlier if you're ready. Yes?

2:38:05Speaker 50

Yeah, we could do it. Exactly. Okay.

2:38:06 – 2:38:21Eileen Higgins

Is that okay with you, Commissioner Escalona? Okay, he'll bring it back when he's ready. So we'll do indefinite deferral here, but if it's ready sooner than the six months, we'll bring it back when you're satisfied. Okay, all right, all in favor of a deferral?

2:38:22Eileen Higgins

Any opposed? Okay, so that item deferred. George, we didn't take up too much time. You have to go back to reading the first reading titles. Thank you.

2:38:32 – 2:42:26Speaker 50

FR1, first reading ordinance. An ordinance of the Miami City Commission amending Chapter 40, Article 3, Section 128 of the Code of the City of Miami, Florida, as amended, titled Personnel, Civil Service Rules and Regulations, Grievances and Abuses Generally, to establish Section 40-128C, titled Whistleblower Complaint, to provide directions to persons desirous of a hearing before the board, pursuant to the Florida Whistleblower Act, containing a severability clause and providing for an immediate effective date. First reading to fr2 first reading ordinance in ordinance the Miami City Commission amending chapter 62 article 13 division 7 of the code of the City of Miami Florida is amended entitled planning and zoning Planning and zoning approval for temporary uses and occupancies permit required reserved more particularly by amending division 7 to be titled temporary off-site commercial advertising on construction fencing to allow a pilot program for off-site commercial advertising signage on a temporary basis for certain situated construction site fencing within the City of Miami urban core containing a severability clause and providing for an effective date. FR3, first reading ordinance, an ordinance of the Miami City Commission with attachments Pursuant to Sections 163.353, 163.362, 163.410, and 163.387 Florida statutes amending Chapter 18, Article 7 of the Code of the City of Miami, Florida, as amended City Code titled Finance Redevelopment Trust Fund, more particularly by adding Sections 18-265 through 18-270 of the City Code to establish the Alapata Community Redevelopment Trust Fund for the Alapata Redevelopment Community Redevelopment Agency, Allapattah CRA, providing for the annual funding of said trust fund by each taxing authority that levies ad valorem taxes on taxable real property within that certain geographic area of the city known as Allapattah, generally bounded on the north by State Road 112, Airport Expressway, on the east by Interstate 95, and Northwest 7th Avenue on the south by Miami River and on the west by Northwest 19th Avenue, as more particularly described in Exhibit A, attached and incorporated redevelopment area. Determining and fixing the base year and the most recent assessment role for purposes of computing the tax increment, providing for an amount and time of the annual appropriation and for penalties and interest upon late payment, providing for the duration of the obligation to fund, providing for the administration, permitted expenditures, annual budget, year-end fund balance, reporting an annual independent audit of said trust fund, containing a servability clause providing for codification and providing for an effective date. FR 4, it was skipped. FR 5, first reading, an ordinance of the Miami City Commission authorizing deviations from the standards for temporary banners set forth in Chapter 62, Article 13, Division 8 of the Code of the City of Miami, Florida, as amended, titled Planning and Zoning, Planning and Zoning Approval for Temporary Uses and Occupancies, Permit Required, Temporary Banners. For such permits issued within a portion of the downtown area for display and connection. with the release of grand theft auto 6 no sooner than october 15 2026 and no later than december 31 2026 establishing terms and conditions in order to regulate the activities for temporary banners providing for a severability clause and providing for an immediate effective date fr6 first reading ordinance in ordinance of the miami city commission amending chapter 10 article 5 of the code of the city of miami florida is amended titled buildings code relief program more particularly by amending section 10-75 and 10-76 to reactivate the driveway amnesty program, which expired in 2024, and create a pilot program effective for one year with the option to renew for a further year, containing a severability clause and providing for an immediate effective date. That concludes the first reading ordinances.

2:42:26 – 2:42:38Eileen Higgins

All right. Would anyone like to bifurcate any of the first reading items? I'd like to pull FR2 and FR5. All right, FR2 and FR5. Anyone else?

2:42:42Eileen Higgins

I'm sorry, say that again?

2:42:44Eileen Higgins

FR1. Okay, so we may as well take them one by one. Although I guess we have two that are going together. No one's pulled FR3 and FR6. Is that correct?

2:42:54Eileen Higgins

So I could take a motion on both of those? Second. All right, and I am able to take FR3 in a block vote, correct?

2:43:00Speaker 44

Okay, I see the clerk nodding.

2:43:02 – 2:43:14Eileen Higgins

All right, I have a motion and a second on FR3 and FR6. All those in favor? Aye. Any opposed? All right, show those passed unanimously. FR1, Commissioner Gabella.

2:43:14 – 2:43:26Miguel Angel Gabela

Okay, so this is the board that we had spoken about this before, that they were taken off, and we kind of want to make this permanent. Is that correct?

2:43:26 – 2:44:46Speaker 50

Well, FR1 is the... the Civil Service Board brought forward an amendment to the code that basically changes provisions relating to whistleblower complaints. And the code allows a board to ask the manager to place an item on the agenda. However, the board hasn't really come forward and briefed any of you commissioners to explain the need for this change. We have a dispute with the Civil Service Board Council that The city of Miami has whistleblower protection in the code, and it has been found to be adequate by courts of competent jurisdiction. Our concern with this amendment is there may be unintended consequences, or it may make it more difficult for the city to defend these type of complaints. So we don't believe that this item... really needs to move forward. We reached out to the Civil Service Board Council and said, hey, please reach out to the elected officials and advocate for its passage. It's their ordinance. I don't want to basically kill it without their presentation. Nobody reached out, at least to my office, from them, I mean.

2:44:46Miguel Angel Gabela

Yeah, so we didn't reach out, I guess.

2:44:49 – 2:45:04Speaker 50

And this has been on the agenda since November of 2025. Our position is either indefinitely deferred or just withdraw it. And if they feel compelled to bring this item forward, then they can renew the process and meet with you and that sort of thing. All right.

2:45:04Miguel Angel Gabela

Motion to withdraw if nobody else.

2:45:06Speaker 70

Wait, I still had discussion on that. Okay.

2:45:09Damian Pardo

Yeah, I just wanted to say that this is a community board. These are people. I'm not sure how strong or good the communication is.

2:45:18 – 2:45:29Speaker 50

This is a charter board in that they're elected by the union. There's two people appointed by the police and fire union, and then the city commission appoints the three other people.

2:45:29Damian Pardo

Right, but when we discussed this, you had said that you did not have any direct communication with the board.

2:45:36Speaker 50

Well, we appear in front of the board every Tuesday.

2:45:40 – 2:45:54Damian Pardo

Okay, I'm just concerned that we don't know why they want this, and yet we're making a motion on this. I'd be okay with indefinitely deferring it and just leave it out there, and that way they know that we haven't. Second.

2:45:57 – 2:46:11Eileen Higgins

Are you okay with an indefinite deferral, Commissioner? All right. We have a motion and a second on the table. All in favor? Aye. Any opposed, show that item deferred indefinitely. All right, FR2, I think Commissioner King, correct?

2:46:11 – 2:46:26Christine King

Yes, we've discussed this item quite a bit and my position hasn't changed. If this moves forward, it has to move forward with D5 being carved out. I just want to make sure that's on the record.

2:46:26Damian Pardo

And I feel the same way with District 2.

2:46:30Rolando Escalona

Commissioners, I have some amendments I don't know if you would like to hear them. No, go ahead. Mr. Attorney, can you read the amendments?

2:46:40 – 2:47:59Speaker 50

Yes, sir. Basically, the requested amendments are, and these would be obviously amendments to the draft, but number one, a property may obtain a construction advertising license only once. The license shall expire one year after the date the first construction permit is issued for the property and may not be renewed or reissued for that property. That's number one. Number two, must be active construction site that is permitted and under construction for more than 50% of the property. Number three, limit size to advertising being no larger than 250 square feet per property or one square foot for every linear foot of frontage, whichever is smaller. Four, let any private property owner select whomever they want, but city should issue a license and take 40% of the revenue. I believe that's the elimination of the exclusivity. Number five, all permits should be posted in person at site and have a database where permits and dates are posted. And number six, violation of above causes you to lose license and property fine and and cause a property fine of the media operator at $1,000 per day. Those would be the amendments per District 3.

2:48:02Christine King

I'm just going to say again, D5 has to be carved out.

2:48:05Miguel Angel Gabela

Yeah, you don't want to participate. Right. Yeah, can I speak? Okay.

2:48:09Eileen Higgins

Commissioner Gabella, please.

2:48:11 – 2:52:11Miguel Angel Gabela

Yes, ma'am. Thank you. So we have two main issues here, right? Number one, for me, For me, okay, this is a safety issue, okay, because often I see, you know, let me say this. I've been lobbied by both sides, okay, and I have friends that are on one side and people that I've known on the other side. But I got to do, you know, what I think is right for my district, okay? And here's the deal. Often you see these construction sites, which a lot is going on, you know, in your district down there, Yep, and in my district. And what do you see? You see a green mesh with a lot of holes in it with graffiti, and they're ugly, and they're unsafe. For me, when they came up to me and they presented this proposal, it makes sense. My people in District 1, with all due respect to everybody else, are more concerned with safety than what you guys call advertising pollution. OK, we're simple people that we just want the basics, you know, you know, and so we you know, when I put on my head here as a commissioner, these are some of the things that I keep in mind and why people voted for me to be in this position. OK, I think this is a good idea to maintain safety. OK, why not? If they're making money on it, you know, we're all capitalists. We're in the United States of America. You know, everybody has the right to, you know, to. I don't see the problem, the big deal, with the signage and the advertising, big deal. I speak for my people. I respect the others. Now, that's one issue, that people come here and, oh, because you're selling out to advertisers. No, I'm not selling out to advertisers. Safer is more important than light pollution. than advertising pollution. I think in the normal human being, the common folks would agree that safety is a little bit more important issue than you don't like to see in advertisement, okay? Then we have the second. So for me, number one is safety. And I think this is a good idea. And it also looks better. I prefer to see advertisement than graffiti and a hole and ugly stuff. That's me. You know what I mean? That's one. Then we got the other problem. The other problem is the exclusivity that they want for the year. And I expressed to that site that I had a problem with that. They also expressed to me that they had been at this for a while and it would only be fair for them to have the first year which I don't think is a lot, by the way. My friends on the other side might get mad at me, you know what I mean? But I understand that everybody here is protecting their turf, okay? Let's call it what it is, you know what I mean? But at the end of the day, I think that this is a good idea, okay? I thought of some things that, you know, I am also concerned with the The exclusivity idea on their part, the ones that are proposing this, because what's going to happen? Somebody's going to come and say, hey, what am I? You're just doing it with them. You know, why not us? And I don't want the city to get sued. You know, I'm always, you know, looking out for that. And I don't want to... Yes, we might win at the end of the day, but you know what? Meanwhile, we have to defend the lawsuit. We have to defend the lawsuit, and that's either going to cost us labor of our in-house guys at Georgia's department there, or we're going to have to outsource it, which meaning it'll probably cost us a lot more money. So that's my two concerns. I want to see it happen in my district. I welcome it, by the way. I think my people will welcome it. I respect you guys that don't want it. I understand why you're not doing it. I want to do it, but... You know, I want to do it in District 1. I don't even know it's feasible for them just to do it in one district, right? You know? But anyway, I'm for it. In my district, I will accept, you know, that you guys, the amendment that you guys are excluded out of their district. Now, the only thing I'm concerned about is the lineal feet on the amendment that you spoke about. Well, read it. George, say that one again. Okay. If we can't secure the whole area, then for me it doesn't work.

2:52:12Speaker 50

It says limit size of advertising no larger than 250 square feet per property or one square foot for every linear foot of frontage, whichever is smaller.

2:52:23Eileen Higgins

Okay, so you're again trying to curtail the... Commissioner Escalona, do you want to explain what you're visually imagining in that restriction?

2:52:33 – 2:52:54Rolando Escalona

I'm pretty much on the same page as Commissioner Gavella. I hate the mesh with all the graffiti. I see it all throughout my district. I would like this to happen as well. as amended, but if we have to do it in the whole property, because I understand your point, if we do it on one part, then we're going to have the mesh with graffiti on the other side. I'm okay to do it throughout the whole property. I'm okay with that.

2:52:54 – 2:53:11Miguel Angel Gabela

Okay, so if he's okay with that, I'm okay with it. Now it's just the situation with the exclusivity thing, the lawsuit, and why yes them and why not anybody else? Do you have any thoughts on that? Well, I just...

2:53:11Rolando Escalona

As you said, exactly. You're completely right. So that's why I want it open for everybody. If it's a pilot program, everybody should be able to apply for it.

2:53:20Eileen Higgins

All right. So I believe the amendments are.

2:53:25Christine King

Yes, go ahead. So you don't support the pilot program being exclusive for one year?

2:53:32Miguel Angel Gabela

I don't because that's going to get us into a bind.

2:53:35Miguel Angel Gabela

Nothing toward them and against them, but it's going to get us into a bind.

2:53:41Ralph "Rafael" Rosado

Could we, George, could we run through each of the conditions again? The amendments? And like kind of, you know, just discuss them one by one.

2:53:48 – 2:55:30Speaker 50

So first and foremost, it will not, so the current boundaries of the Miami-Dade County's City of Miami Urban Core is the map. Excluded from that will be District 2 and District 5. So right off the top. Then the next changes are a property may obtain a construction advertising license only once. The license shall expire one year after the date the first construction permit is issued for the property and may not be renewed or reissued for that property. The second one is must be active construction site that is permitted and under construction for more than 50% of the property. The current legislation already talks about an active construction site, but what's new is for more than 50% of the property. The third one I struck out, which was the limit size to advertising being no larger than 250 square feet per property or one square foot for every linear foot of frontage. So we're removing that one for this discussion. Number four, let any private property owner select whomever they want. So that removes the exclusivity, but the city should issue a license and take 40% of the revenue. And then five, all permits should be posted in person at site and have a database where permits and dates are posted. And then six said violation of above causes you to lose license and property fine and media operator at 1,000 per day. I would recommend changing that to enforcement pursuant to Chapter 2, Article 10 of the City Code, which is our code enforcement mechanism, which, you know, talks about different penalties for tickets and different penalties for code enforcement violations.

2:55:30 – 2:55:51Miguel Angel Gabela

I would do one more. I'd put one more in there if we can, and if you're in agreement with Escarona and Rosado, that, you know, since they were, and they spun their wheels at this, okay, maybe In the first year, they don't give us the 40%. Maybe they get a break of, let's say, 25%, 20%, you know, whatever you guys think is fair for their, you know.

2:55:57Rolando Escalona

I would like to keep it at 40 because I know they are going to make their money from that. You'd like to keep it at 40? I think that makes sense.

2:56:05Rolando Escalona

It's 40-60. All right.

2:56:06Miguel Angel Gabela

All right. Okay, so I think we're ready.

2:56:10 – 2:57:11Damian Pardo

Yeah, I just wanted to add here. On its face, when you read it, the way you guys have described it, feeling about it, I can also relate to that. But as I heard from more and more residents, and I think about the district, this is a district that is just going through an incredibly aggressive development cycle. If it's not noise, it's dust, it's... events happening at all hours that aren't being controlled or announced. They feel very much not thought of and not protected. And on top of the giant billboard and the other LED billboards and things that they have not weighed in on at all, I think people have made it very, very clear that they just do not want this in the neighborhood. That doesn't mean that if these work out in other districts in the pilot, And they see it and they're like, you know what? It's not as bad as I thought. But definitely District 2 isn't going to embrace this until the residents do.

2:57:11Miguel Angel Gabela

I don't have a problem with it.

2:57:15 – 2:57:41Eileen Higgins

Okay, so shall I recap? Or George, do you want to recap? No District 2. It's one amendment. No District 5. Permitting only once. Everything in charge of active construction, 50% of the site. Any vendor can be used. City gets 40%. And you agree that you will change to the language that it just refers back to our code enforcement section.

2:57:42Christine King

All right. One question. So the exclusivity is out? That's out. That's out?

2:57:51 – 2:58:02Christine King

Okay. Because it's a pilot program. I don't know that. You want 50 advertisers trying to buy for...

2:58:02 – 2:58:31Miguel Angel Gabela

But that's why I wanted to give them less, you know, because they said to us... Sorry to interrupt you. They said to us, you know, we've been spinning our wheels. It was my dad's idea, their dad's idea, this and that. You know, and I think there's some legitimacy to that. However, they don't hold a patent on that, right? You know, it's a little bit different. But... You know, that's why I said, you know, instead of charging the 40, let them have 20 to 25% in the first year so this, what you're talking about is still worthwhile to them. And then thereafter, everybody, you know, it's open to everybody.

2:58:31 – 2:58:49Christine King

So as a pilot program, I don't think it's, I don't think it would be awful to have the exclusivity arm of it because it's a pilot program. We don't know if it's going to, We don't know if it's going to fail.

2:58:49Damian Pardo

Yeah, I agree with that.

2:58:50 – 2:59:33Christine King

Again, you know, not in District 5. I'm clear about that. But when you have a pilot program, the startup, the doing what is proposed, it's a year. And then after that year, we see how the program work, doesn't work, and then maybe we say, yep, now we put it out because this is successful. or we put it in the can because it didn't work. But I think if you add the component of everyone being able to jump on this bandwagon, it gets even more confusing. So whatever my colleagues want, but...

2:59:33 – 3:00:13Miguel Angel Gabela

Listen, if you guys are open to the risk, okay, or maybe, you know what, maybe you take out a bond, and if there is a lawsuit, you guys are going to have to defend the lawsuit in Denmark. Indemnify us the city. I don't know. I'm willing you know, I got to be fair in this in the exclusivity deal I kind of have a hard problem with that, but I understand the other side view at the point that you're making I Mean, I'm okay taking the exclusivity deal out and let them do it for a year Okay, but somebody has to indemnify us kind of you know, we have to be intended if there is a loss Yeah, Commissioner Escalona you have I would like to move it as amended So so for you in order to be yes, you need it to be a non-exclusive.

3:00:14 – 3:00:29Eileen Higgins

Okay, so I And quite frankly, there's not very many companies that can do this, right? You're probably talking about two or three. And you all have a head start because you've already been talking to people. So I have a pretty good feeling that .

3:00:30Speaker 44

OK. Any more discussion?

3:00:34Eileen Higgins

OK. So we have a motion as amended, as amended, as amended. Commissioner Gabella, would you like to move your item?

3:00:42Miguel Angel Gabela

I'd like to move it. I still think he's correct. I still think Commissioner King is correct.

3:00:48 – 3:01:08Christine King

George, what's the likelihood if we pass and make it a pilot program and they have exclusive rights to operate the pilot program? We live in a litigious society, and every lawsuit brought before us doesn't mean that you're suing us doesn't mean that you're going to prevail. It's a pilot program.

3:01:09 – 3:01:50Speaker 50

Our concern is that just the fact that it's a pilot program doesn't change the procurement method. I would personally like to disabuse the commission of the notion that you can award exclusively to somebody for a year or two just because it's a pilot program. I think you've got competing issues with the procurement code and the state laws on procurement. I think that's a rabbit hole I don't want to jump down. I'm not saying that they will sue and they will win, but I'm just saying there's a potential, especially in this advertising environment where everybody is watching everybody do something and they're ready to jump in and sue.

3:01:51Miguel Angel Gabela

All right, so I'm ready. I'm going with this one.

3:01:54Eileen Higgins

Okay. Okay. So, Commissioner Gabelli, you're moving your item with the amendment.

3:01:57Miguel Angel Gabela

I'm moving my item with the exclusivity clause in there.

3:02:02Eileen Higgins

Okay, fantastic. And the exclusion of D2 and D5 and the others. All right, is there a second? Second. All right, all in favor say aye.

3:02:12Eileen Higgins

Any opposed? So that item passed. Thank you. All right.

3:02:17Speaker 54

We'll show it as unanimous.

3:02:19Eileen Higgins

As amended. Thank you, sir. FR5.

3:02:24 – 3:04:26Christine King

I pulled FR5, and I pulled FR5 to share with my colleagues, because I know you don't know, that I had some concerns about, and I always say this wrong, Vice City? Did I get it right, Mr. Manager? Vice City. So the manager and I had some concerns about that, and I want to congratulate the operator for listening to our concerns, and taking Vice City away from the city of Miami and therefore I can support this item. But I just wanted to thank the manager and his team because we make a good team. And then our concerns were heard on that because this is happening, this is happening. a lot of education on this, this is a hugely popular video game, and Miami Beach is on board, Miami-Dade County is on board, and we are going to be able, through the advocacy of Commissioner Pardo, get proceeds from this GTA Grand Theft Auto for the Reverend Edward T. Graham Heritage Trail. So, and we were able to pull Vice City from Miami's collaterals. So that's a win for us, because there was a concern about the negative advertising of Grand Theft Auto. And it's all, but it is all over, and there are private owners, organizations, companies that can just supersede the city of Miami. So I think we came to a good compromise with this, and I will be supporting it.

3:04:27 – 3:04:39Eileen Higgins

Commissioner Pardo, you want to explain the change so everybody's very clear that I think we don't like being referred to as Vice City, and so there, you fixed this for us. Thank you.

3:04:40 – 3:05:16Damian Pardo

Yeah, these banners, none of them, I think one of them or more might have said Vice City on them. That was taken away, but they're also... There aren't any revving cars. There aren't any guns. I mean, none of that appears in anything. I think it's really important that people know that these potentially five banners on buildings would have to be approved by the homeowners associations of the buildings. So we're not putting ourselves in the place of, so we don't know that we'll get five. If we do, I think it's 208,000 each. So it would be over a million dollars for the Edward T. Graham Heritage Trail. I think we ended up in a good place. Thank you. All right.

3:05:16Eileen Higgins

So would you like to move your item?

3:05:18 – 3:05:34Ralph "Rafael" Rosado

If I could just add something quickly as well. I appreciate the efforts also to remove Vice City. That was a cause of concern for me as well. And I appreciate the operator's willingness to work with the city. And I absolutely want to support the Graham Heritage Trail. So I'll be supporting this item as well.

3:05:35Eileen Higgins

Okay, Mr. Clerk, is there any need to change anything or read anything on this?

3:05:39Damian Pardo

No, ma'am. All right. By the way, this will need to be a second reading for the next agenda. Okay.

3:05:44Eileen Higgins

So, Commissioner Pardo moves the item.

3:05:49Eileen Higgins

All in favor say aye.

3:05:51 – 3:06:06Eileen Higgins

Fantastic. Show that up. All right. So, colleagues, it's 20 after 12. We could do boards and committees, and if you'd like to do the planning and zoning items... We might be able to get done by 1. What are your thoughts?

3:06:07Rolando Escalona

I'm OK with that. Mm-hmm.

3:06:08Eileen Higgins

OK. All right. So boards and committees, Mr. Clerk.

3:06:12Speaker 54

Thank you, Chair. BC1, Accessibility Advisory Board. Commissioner Pardo would like to appoint Ashley Castillo.

3:06:19Eileen Higgins

Do we have a motion?

3:06:23Eileen Higgins

Motion. Second. All in favor say aye. Aye. Aye. So passed. Whoops.

3:06:33Speaker 54

If possible, we have some 5-5 term waivers, so if Commissioner Escalona is available before we proceed.

3:06:37Eileen Higgins

All right. Can someone run back? Okay. Thank you. Well, move us to things that don't need 5-5s, Todd. How about that?

3:06:45 – 3:07:21Speaker 54

Yes, ma'am. BC-2, Affordable Housing Advisory Committee. Commissioner King would like to be reappointed to the ex officio seat. and the following individuals were recommended for appointment by the Department of Housing and Community Development. Armando Caso, representing a for-profit provider of affordable housing, Pierre Rutledge, representing a person who works in essential services, Anthony Brandon Cook, representing a person actively engaged in banking, Ben Fernandez, representing employers within the city, and Annie Lord, representing an advocate for low-income persons in connection with affordable housing. And I'll take a motion.

3:07:23Eileen Higgins

All in favor? Aye. So that item passed.

3:07:27 – 3:07:38Speaker 54

Just a moment. BC4, Bayfront Park Management Trust. Commissioner Pardo would like to reappoint Stephen Smith. Motion. Second.

3:07:41Eileen Higgins

So that item passed.

3:07:43Speaker 54

BC8, Education Advisory Board. Commissioner Pardo would like to appoint Margo Bartlett Orridge. Motion. Second.

3:07:56Eileen Higgins

All in favor? Yes, that's my cue. Aye. So that item passed.

3:08:01 – 3:08:18Speaker 54

BC-12, Historic and Environmental Preservation Board. Commissioner Rosado would like to reappoint John Perez to the architect seat designation and appoint Emilio Bustillo to the alternate seat designation. Commissioner King would like to appoint Alyssa Cepeda to the citizen seat designation.

3:08:20Eileen Higgins

All in favor? Aye. Motion passes.

3:08:30Speaker 54

BC 15, LGBTQ Advisory Board. Commissioner Rosado would like to appoint Lunas Ona.

3:08:43 – 3:09:07Speaker 54

Aye. BC 18, Off-Street Parking Board. The Off-Street Parking Board has selected Jamie Reyes and is requesting the commission's confirmations. I will also be submitting into the record a signed copy of the off-street parking board's resolution of Wendy Ms. Reyes for the record. Motion.

3:09:08Eileen Higgins

Second. All in favor?

3:09:10Eileen Higgins

Aye. So it passed.

3:09:14Speaker 54

DC 21, Virginia Key Advisory Board. Dade Heritage Trust is requesting confirmation of Larry Gautier, and Tropical Audubon Society is requesting confirmation of Lauren Janitis.

3:09:27Speaker 54

Second. Second.

3:09:33 – 3:09:44Speaker 54

BC 23, Moonwood NRD1 Public Benefits Trust Fund Committee. Commissioner King would like to reappoint David Lerner to the District 5 seat and Albert Garcia to the at-large seat. Motion.

3:09:46Eileen Higgins

All in favor? Aye.

3:09:53Speaker 54

BC 5, Civil Service Board. Commissioner Rosado would like to reappoint Rafael Cabrera, who requires a 5-5 term waiver, to one of the at-large seats. Motion.

3:10:03Eileen Higgins

All in favor? Aye. Item passes.

3:10:08 – 3:10:53Speaker 54

BC 13, Housing and Commercial Loan Committee. City Manager Reyes would like to appoint Munera Daniel to represent a member from the city's administration. The Department of Housing and Community Development is recommending the following individuals for appointment. Armando Cazo, representing a for-profit provider of affordable housing. Anthony Brandon Cook, representing a not-for-profit provider of affordable housing. Kevin Deeb, with a 5-5 term waiver, representing a person engaged as a real estate professional. Ben Fernandez with a 5-5 term waiver representing employers within the city. Pierre Rutledge with a 5-5 term waiver representing a person who works in essential services. Gregory Gay with a 5-5 term waiver and a 4-5 employment waiver representing a person who resides within the city.

3:11:00 – 3:11:25Speaker 54

B.C. 14, Interfaith Advisory Council. Mayor Higgins would like to appoint Reverend Dr. Robert Jackson III as a voting member and Pastor Suzetta Anderson as a non-voting alternate member. Commissioner Rosado would like to appoint Father Elvis Gonzalez as a voting member, and City Manager Reyes would like to appoint Pastor Carl Johnson, who requires a four-fifths residency waiver, as a voting member.

3:11:31Eileen Higgins

Joe, item passes.

3:11:34Speaker 54

BC 17, Miami Tree Ordinance Advisory Committee. Commissioner Escalona would like to appoint Lindsay Corrales with a four-fifths residency waiver. Motion. Second.

3:11:48Speaker 54

That concludes the boards and committees. Thank you, Chair.

3:11:50Eileen Higgins

All right, thank you. So, George, you want to take us through the planning and zoning? Do you need to read these items? No, right?

3:11:59Speaker 50

No, they don't have to be read, but we should set them up as individual appeals.

3:12:02Eileen Higgins

All right. So we'll start with PZ1.

3:12:06 – 3:12:24Speaker 50

PZ1. PZ1, just for the folks' edification, is... An appeal filed by El Prado LLC of the Historic Environmental Preservation Board, Resolution HEPBR 26031.

3:12:24Eileen Higgins

Commissioner Pardo, this is your district. So I'll let you take the lead on this. Thank you.

3:12:32Damian Pardo

Okay, I'll go ahead and let them present.

3:12:34 – 3:13:51Speaker 50

Let me give a brief statement. I know a lot's happened. So this case and maybe some of the others will probably ultimately end up in another court or jurisdiction. So we need to allow the... the appellee and the appellant on the ability to make a record. This is a quasi-judicial hearing, which means you're sitting as a judge in this capacity. So the first thing I need to say, if anybody's met with any of the applicants in this, we would, if you have any Jennings disclosures because you met with either party, please make that now so we can establish that for the record. Any Jennings disclosures for this item, El Pardo? Okay, seeing none, hearing none. All right, we'll move forward. I just want to, I don't know if... I don't know if, is standing an issue in this case for either part? No, sir. No, okay. It's very, very brief. All right, and... Building Director, do you want to give a brief, just a brief statement as to what this issue is about? And then we'll let the appellee, the appellant go after you. So please give a brief statement of what this appeal is about.

3:13:52 – 3:14:24Speaker 18

George, if I may. This will be very brief. I think we've reached an agreement. Do you want to wave? Yeah. Good afternoon, Madam Mayor, Commissioners, Carlos Diaz with the office of the 333 Southeast 2nd Avenue. We're very happy to report that after months of meeting with the neighbors and the original appellant to the board, we've reached an agreement that's memorializing the conditions that we've passed out and we've put into the record. So our ask to the commission is that you uphold our appeal subject to those conditions. I believe Mr. Winker is here representing the other party. to confirm that they're in support of this as well, yes?

3:14:24Speaker 55

Yes, we were able to reach agreement. Thank you so much and appreciate everyone's hard work.

3:14:31Damian Pardo

So motion to uphold the appeal with the new conditions.

3:14:33Eileen Higgins

Is there a second?

3:14:35Eileen Higgins

All in favor? Aye. Sorry. Mr. Clark.

3:14:38Damian Pardo

So the motion again by Commissioner Pardo is to- Is to uphold this appeal along with the new conditions.

3:14:43Speaker 50

Well, let me just clarify with, it's to deny the appeal.

3:14:49Speaker 18

Uphold the appeal, right, because we're the appellant, so we need the appeal. We want the head board's decision to be overturned.

3:14:57Speaker 18

Yeah, so grant the appeal subject to the conditions.

3:15:00Eileen Higgins

Okay. Okay, so there is a motion to uphold the appeal with the new conditions. There's a second. Are you ready for me to take the vote? No, go ahead.

3:15:10Speaker 54

So, Mr. Secretary, you're good to go? Okay, and also we'll be amending to incorporate Exhibit A.

3:15:17Speaker 54

Those are the conditions. Exhibit A is the conditions, yes. So it will be as amended. Both of you agree.

3:15:23Eileen Higgins

Okay, everybody's in agreement. Say those words out loud. Exactly. We don't often hear those here at City Hall. Very happy. Very happy. I love it.

3:15:32Damian Pardo

I love that, too. All right.

3:15:34Eileen Higgins

Speaking of which, all in favor, say aye. Aye. Any opposed? So the item passed unanimously.

3:15:41Speaker 18

Thank you all very much. Thank you.

3:15:42Eileen Higgins

Thank you very much. Congratulations, Commissioner Pardo, an easy one. Well, let's see. Now we're moving on to PZ2. It's still you.

3:15:48 – 3:16:20Speaker 50

PZ2 was withdrawn. Withdrawn. PZ2, another good answer. Another one. All right. PZ3. PZ3. This is an appeal filed by Beatrice Nahara regarding the decision of the Miami HEP Board pursuant to Section 23-6.2B4 of the Code of the City of Miami to permit the installation of an asphalt shingle roof to a contributing structure. The appellant is Beatrice Nahara.

3:16:26 – 3:17:00Christine King

They appeared for public comment. This is my district. I support their appeal. I want to grant the appeal with the condition that when this roof needs to be replaced that they will replace it with the barrel tile roofs. But now it is a financial hardship to do so and the roof needs to be repaired today. So I would like to grant the appeal with the condition that years from now when the roof has to be replaced, it's replaced with a barrel tile.

3:17:00Miguel Angel Gabela

Second. Motion. All right.

3:17:03 – 3:17:15Eileen Higgins

We have a motion as amended. Any discussion? All in favor say aye. Aye. As amended. Show the item passed. Thank you, ladies, for coming. We appreciate you. Thank you. All right, PZ4.

3:17:16 – 3:18:03Speaker 50

Okay, PZ4 is an appeal filed by 3736 Irvington, LLC of the Historic Environmental Preservation Board Resolution HEPBR 26045. The appellant is 3736 Irvington, LLC. So first, could we have council state your appearances for the commission?

3:18:05Speaker 37

Good afternoon, commissioners. Alex Uribe with office at 2800 Ponce de Leon Boulevard here on behalf of the property owner.

3:18:12Speaker 50

Okay. And are you appearing in this matter, sir?

3:18:16 – 3:18:28Speaker 55

Yes. Good afternoon. David Winker, 4720 South Lejeune Road, appearing on behalf of the adjacent owner who's the respondent on this appeal.

3:18:28Speaker 50

Okay, thank you. Now, are there any Jennings disclosures? Has anybody spoken to either of the parties that are represented?

3:18:36Speaker 54

I have a Jennings on board.

3:18:37 – 3:18:56Speaker 50

Okay. Thank you. Anybody else? No? All right. Very good. And is there a standing issue in this case? No. No standing issue. And do you want to give a brief presentation or just let the city commission know what this appeal is about briefly?

3:19:00 – 3:19:36Speaker 22

Good afternoon, members of the commission. Ed Santamaria, building director. I'm here with Sean Smith, who's the chief of environmental resources. Before you right now is in an appeal regarding a tree removal on Irvington Avenue, as previously described. It is staff's recommendation that you grant the appeal. This process went through six review cycles and was in review for about a year, where all of the options were evaluated. And we believe that in observance of Chapter 17, the best outcome would be to grant the appeal in this case.

3:19:37 – 3:19:48Speaker 50

Thank you, sir. And now, turn it over to the appellant to make your presentation. Madam Chair, do you want to split time? How much time do you need for your presentation, would you guesstimate?

3:19:50 – 3:22:57Speaker 37

I will try and run through it as quickly as possible. I do have one of our arborists here. I have the architect with us also to discuss the impacts of the tree, the design. I hesitate to try and give you a number lest I disappoint. But I will try and run through this as quickly as possible. I will condense what I can. Thank you very much, commissioners, for being here and for listening. I'm going to try and just run through some of the criteria of the code and some of the important facts here that support the removal of this tree, consistent with city staff findings on this case. This appeal involves the decision to remove the furthest back tree in a cluster of three oak trees on the property. And you can see on your screens now I've kind of highlighted the one tree that is the subject of this appeal. There are, as you can see, four specimen-sized trees on or right adjacent to this property, and the three other trees are going to be preserved. So I want to be very clear that this is not a case of somebody coming in to try and clear the lot. We are talking about the one tree that you can see It's set back into the buildable footprint, squarely into the buildable footprint. It's square and even between the two side property lines, and it poses an insurmountable challenge for the viability of this project, of developing a property in Coconut Grove, given the size of this lot, the constraints that exist because this property is on septic, and frankly, the mathematics and the economics of this location. In addition to the location of the tree, this tree has a very high degree of lean. You can see in this photograph, this is taken from further inward of the property, you can see that this tree has a 25 or more degree lean that comes back further into the property, and also to the east, where it partially crosses over the property line and over the neighbor's property. Now that happens because this tree is very close to the other trees which are being preserved, and of course it's choked out of sunlight. So it grows in this imbalanced manner in order to try and get the sunlight. Now, our architect who is here today can explain how the location of the tree combined with its extreme lean and the limited size of the property results in the loss of a significant portion of the buildable area. I'm going to ask him to please come up and have him say what he needs to say.

3:23:08 – 3:24:13Speaker 49

miguel rionda 240 creandon boulevard madam mayor and commissioners oh yes so the diagrams can we show the new diagrams please OK, the diagram that we're showing shows that the root protection zone is inversely affecting the buildable square footage and area of the property. And it's within the second layer.

3:24:16Eileen Higgins

Yeah, we need a little IT love. Thank you. To the rescue. Appreciate it.

3:24:24Miguel Angel Gabela

There's a big storm outside. Yeah, it's raining. There's a big storm outside. I don't know if it's big or not, but I'm hearing the thunder.

3:24:34Speaker 49

Just for clarification points, I am licensed.

3:24:36Speaker 50

Could we just have your name? I don't know if you already said your name.

3:24:39Speaker 49

I was just going to say I'm licensed architect and the architect of record on this project. And my partner, Rafael, is also here with me.

3:24:49Speaker 54

My name is Rafael Partidas, and the address is 240 Crandon Boulevard.

3:25:08 – 3:27:37Speaker 49

So as you can see, the root protection zone for the tree would take up a significant portion of the first floor and also affect the parking that we'd have to install. And it would be unreasonably to install this tandem parking instead of a side-by-side. So you can see the second floor would also be extremely affected by the canopy and outreach of the tree so that the second floor would almost be unbuildable in this case if the tree were to be preserved. So you can see it's allowed by code. We're allowed 4,920 square feet. We're already designing the the lot, saving the three other trees. And so we're reducing the buildable area by 1,020 square feet, which is reasonable. We're willing to make that concession. However, to keep the tree, we'd be losing 2,100 square feet, which it doesn't make the house viable at that point for us and for our clients. The Section 17 of the City of Miami Code says that determining whether a tree permit should be issued, the city considers whether the tree is located in the buildable area or yard area where the structure or improvement may be placed and whether the tree unreasonably restricts the permitted use of the property. That's directly from the code. The word I would like to focus on is unreasonable, what is reasonable it's reasonable to ask the owner and architect to make meaningful decision accommodations to preserve important trees and we feel like we've done that saving the other three trees on the site. it's reasonable to modify a footprint reduce the size of the project and accept certain design constraints in order to preserve the existing canopy. The code does not say whether a tree must be preserved at any cost. It specifically recognizes the point at which preservation becomes an unreasonable restriction on the permitted use of the property.

3:27:43 – 3:28:36Speaker 37

Thank you. Now, another point, that's one aspect of this whole situation with this tree. Another aspect of the situation is the condition of this tree. And that'll all tie into when we look at all of the criteria in chapter 17. And according to the city's environmental resources and two independent arborists who've come and looked at the tree, the tree is in poor condition. I'd like to ask Trey Jones of Sutton Consulting Arborists, who's here with us, to come up and discuss a little bit of the condition of the tree and some of the concerns with not only the health but the location and the risk that this tree poses both to the neighboring structure, to the east, and to any future structure, large or small, that exists on this property.

3:28:39 – 3:30:17Speaker 28

Hello, good afternoon. My name is Trey Jones, 3407 Taconic Drive. I'm an ISA-certified arborist. My credentials are the Tree Risk Assessment Qualification, Pruning Prescription Qualification, Urban Forest Professional, and Certified Landscape Inspector. I'm a consultant. I do not trim tree to remove. I strictly provide the facts on trees. So this tree is a live oak, 27 inch diameter with the asymmetrical sub canopy. Another thing that I found on this tree while doing my evaluation is a fungal fruiting body. That fungal fruiting body is an indicator of heartwood decay. which lets us know that this tree is in a state of decline, as well as previous improper pruning that has taken place, which is described as hat-wracking. The growth that has come off of this previous pruning is epicormic growth sprouts that are weakly attached to the cambium of the wood. These portions of the tree are likely to fell under normal weather conditions should they not be maintained, and they have not been maintained. So all of those factors lead me to give this tree a poor condition rating, At the time, I did do a formal risk assessment on the tree. There are no targets at the property subject, the 3736. However, the neighbor's property actually poses as a target because those weakly attached epicormic sprouts, since the tree has a lean, it actually leans towards the neighbor's property. So there is currently risk there, although it's not to the subject property. And as far as the longevity of this tree, it is a live oak tree. I'm a tree lover myself, but we have a fungal fruiting body, which is an indicator of heartwood decay. So it's not something that I personally would build my residence under.

3:30:17Speaker 19

Thank you, Drake.

3:30:25 – 3:35:58Speaker 37

And I want to add, just with respect to the tree and the impact that it could have to the neighboring property, the neighboring property is owned by Dr. Robert Picard, who, unfortunately, he is an elderly veteran. He is infirm, so he could not be here. But he prepared this letter, and I'm going to be submitting that for the record, where he supports the removal of this tree, and he specifically notes that he is increasingly concerned due to its growth pattern and lean towards his property. He says, I am personally concerned about the risk it could pose to neighboring structures in my property, particularly during severe weather events. I'm going to submit that for the record. He does not want to see this tree continue to pose a threat to his property. There is another letter from another neighbor also provided And that is also in the record. That is with your packets that was filed with the appeal, with the appeal to this board. And that's in the record as well. Moving on, I would like to, sorry. I'd like to go back to the site plan really quickly. And the reason is, I want this on the screen while we look at and while we consider the criteria. Chapter 17, which governs how these three decisions are made. When you apply this code, it's clear that this removal is justified. And that's what we have to do here at this quasi-judicial meeting, at this hearing. We have to take the code and apply it to the set of facts in front of us. So the first criteria, and I'm just going to run through these, is whether the tree is located within the buildable area or yard area where a structure may be placed and the tree unreasonably restricts the permitted use of the property. Here you can see the tree is well within the buildable area. It's not in a setback. It's square in the middle. It's where the front of the home would be. That's the most prominent feature here. the house that's where people come in and out that's where most of the day-to-day activity will take place interacting between this home and the public street losing that area and and as the architect said such a large amount of square footage and what you can do with this is absolutely an unreasonable restriction on the use of this property Criteria number two, whether the tree is in danger of falling, interferes with utility service, determined by a trained, experienced vegetation management or line clearance employee and or person, or creates an unsafe vision clearance within a site triangle or other legal right of way, or materially impairs the structural integrity of an existing structure. Here, you heard that the tree is leaning over, that it is affected by a disease that is softening the heartwood. That is structurally compromising this tree. And with that extreme lean, the weight of that tree is already going in a certain direction. You heard from the arborist that that is a risk both to the neighboring property and to whatever ends up getting built here. Number three, whether the tree is deemed high risk, fatally diseased, or dead. Here, we know that it's fatally diseased. There's no cure for that fungal disease that this tree has. It is only going to get worse. Is it a high risk tree? Right now, there's nothing at this property. But the moment you put some... house, whatever size you end up doing it, it becomes a high risk tree due to the lean and due to the imbalance in the canopy and the weight that is bearing over that could end up falling and could end up causing damage. Number four, whether the tree is a prohibited tree species. Not a prohibited tree species. This one does not comply. Whether the tree creates a health hazard. Again, I repeat what I said before, it does create a health hazard. It can cause serious damage to persons and property. Number six, any other relevant criteria the department deems appropriate to consider in order to make a determination? I would say that the department has taken an in-depth look at this. very hard look they do not skate over this I've worked enough in this town that I know that environmental resources takes a very serious stance with this takes a very hard look at these if they said it I know they went out there I know they looked at it I know that they are not looking to just pass something on additional conditions apply quickly this is

3:36:01Eileen Higgins

We're in Pan Am's original building, and I thought I'd use a historical...

3:36:05 – 3:37:48Speaker 37

I will move along. I'll be happy to move along. This tree, we looked at possibly trying to do a redesign, and as the code says, to keep the original scope and intent of this house, and it is impossible to do so with this tree here. We also looked at relocation. Unfortunately, due to the condition of the tree, due to its lean, due to its size, it is not a good candidate for relocation. What I'd like to mention before I reserve some time for rebuttal are two things. Number one, denial of this permit denies the owner substantial property rights. That is something that the Constitution and state law protects and makes compensable which means we the taxpayers, if these owners sue, we are all on the hook for this. We are all on the hook for this. And so, when you look at other cases, other similarly situated cases, the city has looked at it, they've applied the factors, they have approved the removal of a tree that is so in the way as this one, okay? The last thing I want to talk about, and this is what I want to leave us on, are solutions. Now, we feel that clearly this meets the criteria for this tree permit to be removed. We're providing all the mitigation. We're doing everything that the code demands of us.

3:37:50Eileen Higgins

You've got it. You've got to get there very quickly.

3:37:53 – 3:38:54Speaker 37

You still have time for rebuttal so in well over 20 minutes We have been open to finding a solution to meeting with our neighbors to we have proposed Additional trees for the neighborhood on the right-of-way Unfortunately, that was not something that the neighborhood responded that they wanted we proposed a mature Specimen size tree it was No, it was not warmly received We are open to finding some sort of solution, increasing the size of the mitigation trees that we'll put in here to make sure that the canopy is expanded over what is currently there today to help fill in any of those visual corridors that we can see from far away that make what this area looks so pretty, we would be willing to work with you all to find a way that our mitigation can increase to make that happen. With that, I would like to ask for your vote and for some time for rebuttal. Thank you very much.

3:38:59 – 3:39:32Speaker 55

Good afternoon, um, maybe some, uh, can I switch over to my PowerPoint? It's not IT assistance. MIT love, I love how you put that.

3:39:32Eileen Higgins

We need IT love back in the room. Running to the rescue, I hope.

3:39:36Speaker 37

Chris will be along in a minute.

3:39:39Speaker 55

Oh, there we go.

3:39:40Eileen Higgins

Oh, there we are.

3:39:40 – 3:43:19Speaker 55

I never know why my family shows up on the thing. Why not? Nice picture. There we go. David Winker, 4720 South Lejeune Road. Happy to be here. There's a picture of the lot there. I wanted to just take a moment for everyone to focus on these trees are to the very front of the lot. And there was a single family house there right behind that tree that was demolished to make room for the project. And we're going to go through why that's important. But as you can see from that, that front part was always a parking area for the house that was there. This is not a case where that tree is in the middle of the lot. It's in the front of the lot where the cars usually are. This is a visual of the neighborhood to give you an idea. That was the old house that was there. You can see substantial house with a large backyard. That was the house that was there before. We're here once again with a developer asking to reduce our canopy so they can build a bigger house and make more profit. I think it's important to know there were eight appeals at the HEP Board the evening of July 21st, 2026. We were there from I think 5.30 until 2.30 in the morning. This was the only appeal that was granted out of eight appeals. And it's important to note that it was unanimous. This is a different case. The testimony of the neighbors, this is a tight-knit neighborhood. They have come out in force, you heard them earlier today. The mission statement on our own website talks about the process about trees. And it talks about chapter 17 being to protect, preserve, and restore the tree canopy. in a manner consistent with the preservation of existing trees and to maximize the city's tree canopy to the greatest extent possible. We talk a lot about property rights, and I think that that's important. I'm married to a Cuban American. My father-in-law is a Bay of Pigs veteran. We live in a society that's been shaped by people coming from places that don't have property rights that are respected. Part of property rights is the expectations of what's going to happen around you on neighboring properties. You buy a property knowing there are certain limitations. We're going to get into this a little bit here where they knew what they were buying. They knew the limitations on the property, yet they're here asking to knock down the very trees that were factored into the price they paid for the lot. Everyone knew that these were protected trees. This is consistent, the City of Miami website just frames the legal framework from chapter 17, which again makes clear preservation of existing trees to the greatest extent possible. I'm gonna get into the criteria for a second, but before I do, I'd like my appellant to come in and be able to give her presentation. This is the budding neighbor, and I also have my arborist here, but I will get to him in a second, but I'd like

3:43:21Speaker 28

to hear from Genevieve Block.

3:43:27 – 3:47:40Speaker 15

Hello, good afternoon. My name is Genevieve Block-Apaza. I live at 3701 Irvington Avenue. As you've heard, Irvington is a pretty small, close-knit street. And as you can see from our map, at this point, 37 of the 39 households on Irvington have signed a letter in support of preserving this tree. This tree is a part of the canopy and character of Irvington and its value extends beyond the property line of 3736 to the neighbors who live around it and the street as a whole. I also have all these signatures if you'd like to see them and that includes one of the letters that was presented by the appellant. I have a retraction letter from one of those people. We are not asking the city to disregard safety. If a tree is really dangerous, then it should be established through objective evidence. But permanent destruction of a mature oak should not happen simply because danger has been alleged. Once this tree is gone, it cannot be replaced in any meaningful sense for decades. I understand that the city staff recommends allowing the removal of this tree. But there is a reason these appeals are allowed and allowed to go forward. What concerns me about this is that I actually have not been provided with an arborist report documenting the city's inspection of this tree. I was told that that city doesn't do that. So I don't know when the inspection occurred. I don't know who was present. I don't know what testing or evaluation was performed or what observations led to the conclusion that removal should be approved. I also think it's important to look at how the evidence supporting this removal has evolved over time. The owner had two arborist reports done, one before the appeal was submitted and one after. They're both in your packets that they submitted to you. I'm sure you read them and saw that there were several inconsistencies between them, including the first one said nothing about any fungal infection and didn't mention anything about the owner's property or any possible damage. you know, that was done after my appeal was placed, now there is a fungal fruiting body and there's now, we're worried about the neighbor's property. And then the letter that was submitted to you by Mr. Uribe has a footnote that mentions a possibility of a disease that was not mentioned in either arborist report. No one mentioned it except him in his footnote. And he just mentioned it to you now again about how this disease is incurable. That disease is not mentioned in either arborist report. This brings me to the owners claim that preserving this tree renders 40% of the buildable area unusable So I spoke to two architects about this idea And as we were looking at the renderings together standing in front of the lot they asked if I had a copy of the tree survey because they're looking at these renderings that were provided by the owners and they're looking at the lot and they were like, you know This doesn't look right. This tree doesn't look in these renderings where it doesn't lot. Do you have the tree survey? Can we see it? And that made me realize I'd never actually seen a true survey that was done for this lot. And I know there is one, but we haven't seen it and I don't believe it was made available to you for this meeting. I just wonder why. If you're curious, both those architects believe the plan structure could fit on the lot while preserving the tree. So, if we're looking at the evidence supporting the irreversible decision to remove this tree, we have two arborist reports from the owner that don't agree with each other, a recommendation from the city without a written analysis that can be evaluated, and no tree survey. Add to that our report done by our ISA-certified arborist, who is here, that says the tree doesn't display any evidence that would warrant removal based solely on health or structural condition. And I would also like to mention the tree that they mentioned that they offered to plant in the public right-of-way on Irvington, which we do appreciate. We met with them. A bunch of us were there. It was a non-native tree, and they wanted to plant it in the public right-of-way, but they told us that they— didn't want the city involved in that planning, which to us seemed unenforceable and probably just not that good of an idea. So, given the conflicting evidence, unanswered questions, and the overwhelming support of the Irvington community, I respectfully ask that you allow the HEP Board's unanimous decision to stand. Thank you.

3:47:45 – 3:53:59Speaker 55

Which brings us to the criteria. I agree with my opposing counsel. This is evidence applied to the criteria. The criteria is clear. Whether the tree is located in the buildable area, we agree that that is the case. And the tree unreasonably restricts the permitted use of the property. This appeal should be denied because the trees do not unreasonably restrict the permitted use of the property. What does that mean? What is use? The use of this property is a single family home. The analysis can stop right there. There was a single family home here. There's nothing that prevents them from putting a single family home. What they're arguing is that they cannot put a big enough That's not what the statute says. I'm sorry, that's not what our code says. Our code is clear. It unreasonably restricts the use of the property. So to go back, where did this come from? Why do we have this language in our code? The idea was back in the day, we had huge lots. We would subdivide a lot. You'd sell a lot to the neighbor. There would be an oak tree in the middle of the lot. You couldn't build it because of setbacks. You couldn't use the property. You're going to see that in other tree appeals. We're building an apartment. We're moving from a residential to an apartment, there's a tree. And that tree will not allow the permitted use of the property, which is now commercial or multifamily. That's what this is designed to do. You have to focus on the use. I go back to, we have not seen a tree survey, which is one of the requirements on the city site here. It talks about a tree survey and a tree disposition site plan that has not been submitted. The criteria for the city staff to even decide this issue was not provided to them. The staff report contains no independent analysis. This is really important. It's a two-page cursory document. No independent factual finding is explaining why the building can't be redesigned, why the residents cannot be shifted on the lot, why the foundation modifications were rejected, why root protection measures are inadequate, why pruning is considered infeasible. Instead, it simply adopts the applicant's conclusions without analysis. Agency action, municipal action, must be supported by competent substantial evidence rather than conclusory statements. There is no finding that tree removal is necessary. The purport states removal is sought because of direct conflicts with the building footprints. That's true. That's what they're saying. There's a conflict. But it doesn't go into where is the location of the conflict. And again, not surprising, there's no tree survey. Whether only a portion of the root zone is affected, whether the building footprint can be modified, whether variance and setbacks were evaluated, whether a reduced size building was considered. Without these findings, you cannot find that there's competent substantial evidence. I'm going to go quickly through this, but they failed to consider any reasonable alternatives. There's no discussion, and this is one of the things that happened at the HEP Board. They asked repeatedly, what alternative measures have you done with it? What's going on with cantilever construction, with permeable surfaces, alternative driveway locations? There was no answers. It hasn't been considered. I think it's also very important to put—I'm going to bring my arborist up to talk about this tree, which is a healthy tree. But we really need to focus on—live oak is a special thing. This is a 30-inch live oak. And I go through—here we are dealing with environmental issues, the rains, the heat. The trees are critical to deal with that. Stormwater interception, reducing urban heat, the habitat, and increasing property values in the neighborhood because of the tree. Mitigation is being brought up. It does not justify removal. You have to get to the removal justification first. And there's an absolute failure to address the public interest here. We need to require more from our developers and their architects. We need more creativity. going to go through this real quick preferred house sign does not equal unreasonable restriction they're claiming that the tree eliminates 40 of the buildable area we disagree with that number it's impossible to see without the tree survey there's no evidence showing why a reasonable single-family home cannot be built while preserving this oak tree all this talk about future risk This idea that it's going to be a risk to the, we're going to go through it with our arborists. First of all, we don't think it's true. The evidence doesn't show that. And two, the idea of they're building something there and claiming that that's the target. Do not bootstrap development-created risk. Again, your code expressly contemplates redesign as part of this process. They should make them go back, you guys should make them go back to the drawing board and come back with a design that works. This takings argument, it's a non-starter. You guys can enforce your code. This idea that somehow following the code makes them not be able to use their property doesn't work, it's not true, and don't let them scare you with that threat. I'd like to bring my arborist up if I could. Discuss the tree. I'll wrap this up very quickly for you guys.

3:53:59Eileen Higgins

Yeah, for your equal time, you're at about four minutes, so it gives you a sense of time. Thank you.

3:54:04Speaker 37

May I ask one question?

3:54:07Eileen Higgins

Time for rebuttal afterwards. Thank you. They still have the floor. Thank you.

3:54:13 – 3:56:11Speaker 33

Chris Pruitt, 3753 Irvington Avenue, certified arborist. I've been certified since 2011, and I've been working with trees in Coconut Grove for 20 years. I believe the tree is healthy. Considering its age, I think it's in good condition. The species is desirable. The conditions presented are not uncommon for a tree that age in that location. Whether or not the tree is in the way is a separate issue. The tree is there currently. You know, Dr. Burkhard, the neighbor, has mitigated his risk over the years by trimming the branches that come over his property, which he has a right to do. You know, to mitigate risk, there are things you can do. You can prune, you can cable, you can amend the soil. The rush to remove, you know, I think, You know, if you don't want the tree, then you'll take it out. But if you want the tree, there's ways you can work around it, deal with it. Live oaks are some of the hardiest, it's some of the strongest, heaviest wood in North America. You know, we build ships out of it. I have friends, clients, people who have built their houses around live oaks. So to say that it can't be done, I think it's a little short-sighted. To say that it's diseased and it has all these problems from a visual inspection, that's kind of hard to say. Let's investigate further. There's things you could do, a radiograph. There's methods to look inside the tree to see the condition of the wood. What are we dealing with here? I think the tree is okay. Whether it's in the way or not, I can't speak on that.

3:56:11Speaker 61

I just wanted to ask you a couple quick questions here.

3:56:16 – 3:56:36Speaker 55

We're submitting his updated report. The report from the last hearing is there. I just wanted to ask you a couple quick questions here. Is the tree... Is the tree in danger of falling?

3:56:39Speaker 55

Is the tree fatally diseased?

3:56:45Speaker 55

Does the tree create a health hazard?

3:57:00Eileen Higgins

Mr. Winker, are you finished, or you have a few closing remarks? Okay, thank you. All right, sir, you have time for a rebuttal.

3:57:05 – 3:57:23Speaker 37

I'd like to ask just one question of Mr. Pruitt. Just one quick question. Chris, do you possess a tree risk assessment qualification? No. Thank you. I'd like to know... No, that's it. That's all I got. Thank you. All right, so you'll have... Well, no, for him, but I need to rebut. Yes.

3:57:23Eileen Higgins

I'm sorry. Yes, so you have two minutes to rebut, so go ahead. Get started and be quick. Thank you.

3:57:29 – 3:59:43Speaker 37

I want to just plug this back in just to give you one last overall visual. Last thing that I really want to say is, number one, we are not reducing the canopy. The current approved mitigation plan contains 32 feet of canopy at planting. I don't know why this isn't showing. And we would be open to increasing that, increasing the size of the trees that we're planting through mitigation in order to make sure that we are not just replacing the canopy but exceeding it with new, healthier, more vigorous plant material that will grow from there. The other thing I want to mention is the neighbor approval. is not a criteria in this quasi-judicial matter. It just is not. The criteria are there, and I'd like to show you this, because the last thing is, we're not clearing a lot here. We're not not working with the trees. We are working, and we've designed this house with the two trees that are closest to the right-of-way, which are closest to where the public has the access to enjoy them. Those are retained and those are made and kept beautiful. And I want you to see what the effect would be from the street when you remove the third tree on the canopy that you see from the street. It goes from this to that. And here is the rendering with the house. We are absolutely designing something that is not monstrous, not oppressive, and does work and complements and incorporates the two biggest trees that are on that property. And I'd be happy to ask any questions that you have, but please protect my client's property rights. They have a right to build what the zoning allows, what their neighbors can build. It is unfair and unconstitutional to make them build something smaller. Thank you very much.

3:59:43Eileen Higgins

Thank you very much. Commissioner Pardo.

3:59:49 – 4:00:20Damian Pardo

I have a question for Mr. Winker. And... You all spoke with the neighbors and with the builders, and there was a discussion of mitigation of trees. It sounded to me like that was very incomplete and not fruitful at all. Is there any path here where you can come together and decide on a mitigation path that would be better for the neighborhood? Is that even a path that's possible?

4:00:21 – 4:00:50Speaker 55

I mean, that's, you know, definitely, you saw me on the first item, like, we arrived, in Coconut Grove, arrived at that, so we're definitely open to that. I think one of the problems is the footprint of the building is so big. I mean, that's one thing we talked about when we met with you and them. There's no room for any other trees. There's no way you can replace the, like, to put the other trees here. Like, they're talking about mitigation elsewhere on Irvington. I think that is the problem, but we're definitely open to it. I don't want to speak for...

4:00:50 – 4:02:07Damian Pardo

I did... I did meet with all parties. I did go there. I did speak to the arborists. I did speak to the neighbor. This is a very frustrating case for me because I would have loved to have seen it work out with the parties. This, I think, so far is the only one that has come here like that. And, you know, my job in this process is to represent residents. My strongest job. And the residents speak very clearly. I know Irvington. I know the area. I know the Grove. I know a lot of the people involved. It's been a very together group. and very consistent. There hasn't been any dissent from any of that. And so I don't know where this ends, ultimately, or where it may or may not go. But I would deny the appeal based on the residents and the street and the neighborhood. I would hope that there can be a way that parties can figure this out. Because I personally, from the outside, do see a path. where you can figure this out. And that would be my, you know, my biggest hope.

4:02:08 – 4:02:28Ralph "Rafael" Rosado

I agree with that. I feel like there has to be a path. I think I'm for tree preservation overwhelmingly, but in this case with the tree leaning over some of the testimony about the safety of it, the concern from the veteran neighbor, I feel like there's got to be a compromise that is viable here.

4:02:29 – 4:02:56Christine King

Madam Mayor, I'd like to ask if the city can provide any additional information with respect to this issue. Also, the city doesn't have an arborist. I know the city has an arborist because someone said the city doesn't have an arborist. And I just want to put that on the record. The city does have an arborist. I don't know who said that, but I wrote that down. Okay.

4:02:56 – 4:03:11Speaker 22

Commissioner King, there is a tree survey. There's also a tree disposition plan. It's part of the public record. I'm not sure why the appellant here is alleging that it isn't. I'm sorry, not the appellant. But the residents are alleging that it's not available. It is.

4:03:12 – 4:05:01Christine King

So I have one question. It seems like it would resolve a lot of this. And I see my appointee to our committee to help revise our ordinance, Mariella. There are allegations that the tree has fungus. And you said it was, you can't cure it. Well, Google, the smartest person in the world, I Googled it. There are funguses that can be cured on trees. Depends on how far it has gone. Is there a report with samples that show clearly that this tree was looked at and it showed that the tree had fungus and the fungus has gone into the bark of the tree. Let me see. Because that would be determining the tree can't be saved if the fungus has. Yes, you can cure a tree with a fungal infection only if the disease is caught early, remains localized or stays purely cosmetic. internal decay. Once wood decay, fungi, shell fungi, or root rot established deep inside the trunk or root system, you cannot remove or reverse the internal damage. It would seem that somebody would have done a report to say this tree, because there were allegations made that the tree is not healthy. Where is that Where is, and I would think you would have to like maybe cut a piece of the tree off, go into the tree. You tell me.

4:05:02 – 4:08:07Speaker 63

Good afternoon, commissioners, Madam Mayor. My name is Sean Smith. I'm the acting chief of environmental resources. I'm an ISA certified arborist. I hold the prescription pruning qualification. I hold the tree risk assessment qualification, and I'm the president of the Miami-Dade chapter of the Landscape Inspectors Association of Florida. It's a pleasure to be here. This permit was submitted on August 4th, 2025. The intended decision was issued April 14th of 2026. It went through six review cycles. A site visit was conducted by the reviewer, who was also an ISA certified arborist for almost 30 years. Excuse me. He conducted what's called a level two assessment, right? which means you walk around the tree 360 degrees, and you look at everything from the top of the canopy all the way down to the roots. And you document all the conditions of concern, the health of the tree, the size, everything in regards to the tree and the proposed construction. The tree does have a significant lean. It has been improperly pruned for a very long time. He did confirm the arborist findings that the tree is in poor condition and that there are fungal fruiting bodies, which is an indicator of internal decay. When there are fungal fruiting bodies, it doesn't mean always that they're going to impact the tree to the extent that it's going to fall over in a one year or two year period. However, this tree, from a level two assessment, it can be determined that that tree is likely to fail under normal weather conditions. right, within a given timeframe. So that would take this, if there was a property or a structure present, it would become what's known as a high-risk tree, and the tree can be removed under Florida Statute 163.045 without a permit at all. And so, should this move forward, we are essentially creating, it's already a liability issue that was stated with the neighbor's property But now we're looking at an additional liability. We did look at redesign under 17-5B1. We do that on every project. We did look at relocation under 17-5B2. We also do that on every project for specimen trees and trees that we consider of value, large canopy trees. So unfortunately, it is our job to preserve the canopy, and we go to great extents to do that, and it's evident by the timeframe taken just to get to the intended decision period. In this case, unfortunately, it's my professional opinion, the trees should be removed and we should be mitigating. If we don't do this now, we probably won't get the mitigation for the trees anyway. It's likely to fail in the future.

4:08:08Christine King

You said the tree is in poor condition.

4:08:12Christine King

But could you be specific, does the tree have fungus and did the fungus go internal like what I read?

4:08:19 – 4:09:58Speaker 63

So the tree, it's not just, there's several factors to consider, right? So number one is the significant lean, which was shown in the photos, and the overextending canopy from improper maintenance. That in itself creates a risk even if it didn't have fungal fruiting bodies. The fungal fruiting bodies on the tree can be in numerous things, and that's just an indicator. When that comes out, it means that there's already something going on inside, right? And so the tree itself, could there be a level three assessment done? Possibly. I think in this case it's not necessary. I think there's enough evidence from a level two assessment that that tree is in a condition and in a state with the combination of everything, the decay, the lean, the fungal fruiting bodies, the improper pruning, the overextended canopy with the- Can't you properly prune? The slide that had the tree with the lean and shows the epicormic growth, that is a result of the improper pruning that's been taking place for years, right? And so we're looking at a tree, and then there was also a slide, I believe, where they were showing the canopy loss. and the canopy replacement, we typically want to keep all specimen trees. However, not every tree is a good candidate to be retained, unfortunately. And so in this event, and this is why we did issue the original intended decision allowing the removal, is because in this event, this is a tree that I think is past that stage.

4:10:00Miguel Angel Gabela

Thank you. Motion to grant the appeal.

4:10:02 – 4:10:15Damian Pardo

I have a question. I have a question for you. You said that if they were to just stop here, in other words, deny the appeal, mitigation may not happen at all.

4:10:16 – 4:10:38Speaker 63

Well, so what happens, they build a home. Even if they redesign, that tree fails. Or they go and get a certified arborist to provide a letter indicating that it's a high-risk tree likely to fail within a given time frame and that there are targets present, which there are. Right. They can just remove the tree without a permit. They don't need a permit. It doesn't have to come through my desk at all. There is a motion on the floor, please.

4:10:40 – 4:10:51Eileen Higgins

Based on the testimony of the gentleman, motion to... All right, but on that motion, I believe Commissioner Pardo still has some questions, correct? Would you like to have your questions answered?

4:10:51 – 4:11:19Damian Pardo

That was my question. You answered it. I was trying to find a path where... I want to make sure, if it has to go, I want to make sure there's good mitigation. Because one thing I will tell you, the picture that showed the damage to the canopy, that's not the damage to the canopy. When you walk the street and you look when that tree is gone, It's a chunk of canopy that leaves. So, you know, I'm much more interested in preserving that canopy and what needs to be done for that mitigation if it has to go. Right.

4:11:19 – 4:11:30Ralph "Rafael" Rosado

And anyway, you guys, I'll let it... Commissioner Pardo, is there... I know there's a motion and a second. Is there a path forward... That is somehow a compromise given everything we've now heard?

4:11:30Damian Pardo

That's really what I'm asking the parties.

4:11:33Speaker 63

Can I ask you a question? Sure. So when you're saying mitigation, are you referring to the replacement planting in regard to upsizing?

4:11:40Speaker 63

Because we would be in favor of that largely.

4:11:45 – 4:12:24Speaker 37

I believe, and looking up, I believe we could do, there's three different, Green buttonwood trees that are being presented as mitigation for loss of this tree. I believe they're currently at 16 feet. I'm pretty sure we can get somewhere around 18 to 20 feet. And we'd be happy to put that in so that the canopy is fuller. The spread is larger immediately, and so the time is shortened for that to grow and to expand beyond the original canopy that would be removed with the removal of this tree. We would be willing to commit to that.

4:12:25Damian Pardo

Does that work for you, Commissioner Pardo? Well, there's not enough time here. I want to know what the neighbors, I want to know what the other side... Would you like to defer this item, Commissioner Pardo?

4:12:37 – 4:13:01Speaker 50

Well, I just wanted to say generally, this is a quasi-judicial hearing, and so your vote should be based upon the evidence that you heard. Competent, substantial evidence is the standard. So this is going to not sound good, but the comments of the neighbors is not necessarily something that you should consider when you consider the deliberation of your case here.

4:13:02 – 4:14:04Speaker 37

I would think that perhaps if the item was deferred that maybe the parties can come to a resolution given what was you don't want to with all due respect we have I have a waterfall of emails that have come unresponded from the appellant's attorney I have text messages that go unresponded calls that go unresponded and we have reached out several times and in your packet is a list of communications going back emails and texts going back months where we have gotten no response to that and as close as recent as last Friday when we were out with Commissioner Pardo at the site we made it clear we are open to doing something to help restore the canopy and Commissioner Pardo asked the neighbors that is there any compromise on your side and they said no we just don't want the tree to go and we don't want the house to be so big. Commissioner Pardo, is that true?

4:14:05Damian Pardo

I didn't hear it that way. That's not the way I heard it. I heard it like so far what's been done, no, based on the offers. I would rather have you...

4:14:16 – 4:14:56Speaker 55

I can address that. We feel like we've fully participated in this process. The neighbours do want to save this tree. It is still our position that the removal of the tree does not meet the criteria, and I promise I'll get to the mitigation. But this argument from Mr. Smith that says, oh, they could remove the tree, we completely agree with that. but the arborist reports that they've submitted don't show, right? They're like, oh, they could just apply to have the tree removed. Well, the two arborist reports they have, my third arborist report, do not support that. Sir, is that accurate? No.

4:14:57Speaker 37

Our arborist report...

4:14:59Eileen Higgins

Wait until you're recognized, please. Please. Okay, sir? Sir?

4:15:04 – 4:15:21Speaker 37

Go ahead. I just want to respond. Our arborist report absolutely notes the presence of the fungal fruiting body and the indication of the internal heartwood disease that is evidenced by that fungal fruiting body, just as Mr. Smith said. Madam Mayor.

4:15:21Eileen Higgins

Thank you very much. So, colleagues, we have a motion and a second.

4:15:25Miguel Angel Gabela

There's a motion on the floor. Yeah. Call the question.

4:15:27Eileen Higgins

We have a motion and a second on the table to deny the appeal. Grant the appeal. Call the question.

4:15:37Speaker 50

With a proffer from the appellee that they would add additional trees. So if you want to accept that, that should be part of the motion.

4:15:46 – 4:15:57Speaker 37

If the commission wants, thinks that it would be appropriate for us to increase the size to the 18, 20 foot size of those three trees, absolutely, we will commit to that.

4:15:58 – 4:16:23Ralph "Rafael" Rosado

I think, yeah, I'm still concerned about the fact that different folks are presenting not just different opinions, but different facts. That is problematic to me. That's why I was asking him. It works for us. But it sounds like everybody needs to get in the room and potentially hash this out, right? Because everybody can't be right. I know there's a motion on the table, but I would support a deferral for one meeting for you all to... Try to come to a meeting of the minds.

4:16:23 – 4:16:48Miguel Angel Gabela

I think this course has been beaten down enough. I mean, they have a proposition. The tree is sick, shall we call it that, and they're willing to plant more trees in lieu of this. I think we should make a decision. And I'm going to go with the gentleman here and his testimony, because I think he's pretty well balanced, and I'm going to go with his testimony.

4:16:48Eileen Higgins

Okay, so there is a motion on the table to grant the appeal. The question has been called. All in favor say aye.

4:17:00Eileen Higgins

We have three yeses, correct? And show Commissioner King and Commissioner Pardo as noes.

4:17:05Speaker 37

Thank you very much for your time. As amended.

4:17:08 – 4:17:21Eileen Higgins

As amended with the trees. And make every tree bigger. All of them, not just those three. Thank you. Okay, colleagues. Well, we thought we might be done at one. We have one more. We probably should take a break.

4:17:21Miguel Angel Gabela

Ma'am, I need to eat. Yes, no, that's what I'm saying. No, no, no.

4:17:26 – 4:17:41Eileen Higgins

We need to take a break. We need to do... You're not allowed. So we have a couple options. We take a break now for an hour, come back, quick do the CRAs. But I want to get through this last planning and zoning item, right?

4:17:41 – 4:17:57Christine King

Madam Mayor, I think... Because we have to be here at 5 o'clock, why don't we break until 4 o'clock, take up the CRAs, the last PZ will roll us right into the budget hearing, and that way we don't have to come back at 1, then go again.

4:17:57Eileen Higgins

So 3.30, right? It gives us two hours. 3.30, because I do think the other planning and zoning one is going to be long like this one.

4:18:03Miguel Angel Gabela

Okay. So we're back at 3.30.

4:18:05 – 4:19:01Eileen Higgins

Okay, we'll be back at 3.30. We'll finish the planning and zoning, then we'll do CRAs, and then we'll roll. Okay, thanks. And I think what we'll do, Todd, is we will proceed through the discussion items and then as quickly as possible, even if we don't get to all of them, we will immediately switch to do the last planning and zoning item because we have a lot of people that are here from there and they've been here since the morning and I'd like for us to be able to dispense with that this afternoon so that they know what's happening. So just let us know when you're ready, Todd.

4:19:03Speaker 54

Good to go. Thank you, Mayor.

4:19:05 – 4:19:19Eileen Higgins

Okay. Commission meeting is back in session. Let us start with discussion item number one on the Flora legislation. Commissioner Pardo. Okay. So, Aaron DeMeo?

4:19:19 – 4:19:44Damian Pardo

Aaron DeMeo, I think, has a quick presentation on Flora. And, in fact, the PZ item that we were looking at, the one with the tree on private property, that could potentially, maybe, I don't know, But if there was a redesign available, something like this would have been really good. And Aaron is the head of the Climate Resiliency Committee, and he's also the Climate Resiliency Committee person on the Tree Advisory Committee. Take it away.

4:19:45 – 4:19:56Speaker 23

Thanks very much. So this is in... in relation to the DI-1 item. And good afternoon. First of all, thank you so much for allowing me to be here.

4:19:57Eileen Higgins

This is an item that the- Erin, sorry, before you get started, so I don't forget, you have to say your full name and address, if you don't mind, for the record.

4:20:03 – 4:23:48Speaker 23

Thanks. Absolutely. Erin DiMaio, 66 West Flagler. I am the current chair of the city's Climate Resilience Committee, which is a pleasure to serve on behalf of you all. Thank you very much for the opportunity. So this was an item that the CRC unanimously passed in early 2025. In review of the chapter 17 ongoing discussions, we had a lot of public comment that came to the CRC around that time frame, as well as since that time frame. And that item was brought to you all back in early 2025, and it was indefinitely deferred, I believe, three times before today. And now it's back here, and I really appreciate that you've sponsored it. I believe that being now the time for perhaps it to be moving forward makes sense that the Tree Advisory Committee has now been created, and I appreciate also the your support in adding me to that committee. I look forward to it and take the responsibility very seriously. So this conversation sometimes is framed as trees versus development. There was a long discussion today actually related to this. I'm happy that I was here to kind of hear that out and see some examples of it. But when we look at the areas of disagreement, I think much of it comes down to rules that may force a choice between the ability to build or to maintain natural resources. I believe that there's actually an opportunity there for consensus. At present, on many lots, a property owner can preserve mature specimen trees or build the floor area that they are entitled to, but often not both. So a choice is made, and often trees are asked to be removed or are removed, not because that is necessarily the preferred outcome, but because the owner may want to make an addition for a growing family to build a new structure to a reasonable extent of what the property allows. Flora, this DI-1 item, asks a question. In certain circumstances, could the rules allow for both? The tree is preserved and the floor area is maintained, and the building is designed around the trees in a different capacity. This proposal was developed through considerable research and analysis, and through conversations with many stakeholders and experts across several disciplines. There was two findings that stood out. In T3, that transect is the largest transect across the city, and also it's where I believe most of the existing tree canopy is currently located. it's essential that we maintain existing tree canopy while trying to increase our tree canopy. So to maintain our tree canopy, I think that it's essential to focus on the T3 areas and offer these opportunities for growth to happen in concert with it. There are remarkable homes in Coconut Grove that are already designed around mature trees, but these are often on larger lots where their zoning already allows for room to maneuver around those trees. The benefits extend beyond the tree itself. There's more open space, more pervious surface, more capacity for water during rain events, property owners can retain their rights, and we can also all live among the canopy. So I think that in ability to add more housing and canopy rather than asking people to trade one for the other, this item asks that staff review this idea in concept and look for opportunities where this idea may be feasible and to what extent and come back to you all and hopefully the tree committee with research. But so it's not necessarily a decision I believe today that you all are making on anything related to the specifics or making this move forward. It's to look into it more, which I really appreciate you sponsoring. So thank you very much.

4:23:48Damian Pardo

Of course. Thank you. Appreciate it. Mr. City Manager, just curious, what is a potential time frame for us receiving something back?

4:24:02Eileen Higgins

We may want the Planning Director. Right, the Planning Director.

4:24:05Damian Pardo

Well, but through the City Managers.

4:24:21 – 4:24:47Speaker 59

Good afternoon, Madam Mayor, Commissioners. Well, it's actually, this is a great conversation and Mr. Demayo also serves on the Chapter 17 Tree Advisory Committee. So I believe it's the end of the year that we're planning on coming back with recommendations and certainly we'll be happy to see how some of these make it to that final recommendation.

4:24:48Damian Pardo

I have a quick question. Do we have to wait for the Tree Committee or is this something good enough that we can kind of vet separately?

4:24:58 – 4:25:18Speaker 59

I think it's good that it comes back with the actual tree committee so that everything is considered as a whole. We already have, as part of Chapter 17, a section where we consider natural features and we have a means for those to be protected. So I think it's important that that be looked at as a whole and comes back as one solid recommendation.

4:25:25Eileen Higgins

Anything else, Commissioner? All right.

4:25:32 – 4:25:43Eileen Higgins

All right. Excellent. Well, we're just going to stick right here with you in District 2 and go to D1 for Live Local update. Act update.

4:25:44 – 4:26:04Damian Pardo

So with Live Local, there are a few administrative things we're working on, but George, I thought from the city attorney's perspective, you could go over where we are with Live Local, how we look at the Hillsborough case that's out there, and what are the prospects for us in Miami who really want to push back on what we consider very aggressive development practices

4:26:05 – 4:27:55Speaker 50

areas where we're trying to preserve the character of the neighborhood Thank You commissioner yes we based on the direction of the City Commission we started looking into avenues to to challenge the state's live local act and the best opportunity currently exists in Hillsborough County versus state of Florida they have filed a very comprehensive lawsuit against the state of Florida The state on April 22nd filed a motion to dismiss. It hasn't been heard yet, but our view is that some of the grounds that the state brought up are very interesting and basically The premise is that a municipality cannot sue a state when it disagrees with a state statute that has been enacted. Hillsborough is fighting that, of course, and we have offered our support and help in that case if they want it. The downside to that case is anytime you sue the state, you have to sue them in Leon County, which is Tallahassee. And that adds cost and expense and a different mindset from the judiciary up there. But our sort of my best advice to this commission is let's wait out the Hillsborough case to see how they do in the motion to dismiss. If Hillsborough County succeeds in that motion, then we'll consider jumping in the case and joining and assisting them. And also, I want to say that through the Miami-Dade League of Cities, I've spoken with many lawyers who represent the 34 municipalities in the Miami-Dade County, and we're all sort of in the same posture. We're waiting to see what happens with that Hillsborough case. So I think that's the prudent thing to do at this stage. Thank you.

4:27:55 – 4:28:26Eileen Higgins

Colleagues, any other questions? I mean, the pressure on your district, particularly in that 36th Street corridor, is just enormous with I mean, the ramifications of this are crazy. Yeah, that's a good word for it. Okay. All right, so we are now going to go back to planning and zoning items and dispense with our last PZ item, PZ5. Sorry for bouncing around, but to our city attorney. Sorry about that. Thank you.

4:28:26 – 4:29:11Speaker 50

We're good, we're good. Thank you. Okay, PZ5, this is an appeal filed by the Sierra Club Miami Group of the Historic Environmental Preservation Board Resolution HEPBR 26046, adopted on July 21, 2026. The appellant is Sierra Club Miami Group by Noel Cleland, its Miami chair, and... The appellee is MIMO Bay Apartments 2 LLC through its counsel, Nicholas J. Rodriguez Caballero, and I believe Melissa Tappet is. Let me have the, like we did the last one, have the building department go up and just sort of explain the issue at hand.

4:29:14 – 4:30:17Speaker 22

Good afternoon, members of the Commission, Madam Mayor, Ed Santamaria, Building Director. You'll be listening to an appeal here regarding PZ5. This is an appeal regarding a matter where there was 11 review cycles involved over two years plus two months. And three site visits were conducted by environmental resources staff. Throughout the course of these events, it was determined that environmental resources posted an intended decision which was appealed by Sierra Club. One of the questions was the removal of a tree, tree number 25. And that tree, the planning, I'm sorry, the HEP board granted, actually denied the appeal. of the appellant and impose conditions. It is the opinion of the department right now and environmental resources that those conditions have been met, and we therefore recommend that you deny the appeal. For any further questions of more technical nature, Sean Smith is here.

4:30:19Speaker 50

Okay, could we have the appellant and appellee please stand up and make your appearances?

4:30:26Speaker 55

Good afternoon, everyone. David Winker, 4720 South Lejeune Road, representing the appellant, Sierra Club, Miami.

4:30:36Speaker 24

Good afternoon. Melissa Tapenez with Law Offices at 200 South Biscayne Boulevard, Miami, representing Mimo Bay Apartments.

4:30:44 – 4:30:56Speaker 50

Thank you. And first question for the City Commission is... were there any Jennings disclosures? Did any of you meet with either of the applicants here?

4:30:57Rolando Escalona

I met with Melissa.

4:30:58Speaker 50

Okay, so there's a Jennings disclosure. All right, and you met with Melissa. Okay, perfect. You're satisfied with that? Okay, thank you.

4:31:06Speaker 24

Over the six years, we met about a lot of things in this project.

4:31:10Speaker 50

All right, so next, is the standing an issue here in this matter? Yes, ma'am.

4:31:15Christine King

George, I don't think we met about this issue, though, did we?

4:31:19Speaker 24

I don't believe so.

4:31:19Christine King

We didn't meet about this tree issue. I met with staff about just making sure because we have met a lot on a lot of things.

4:31:27Speaker 50

Oh, thank you. Thank you, Commissioner. Is standing an issue in this matter? Standing?

4:31:35Speaker 24

Yes, it is an issue.

4:31:36 – 4:32:03Speaker 50

What I would suggest, Madam Chair, is that we give Mr. Winker some time, under five minutes or less, to discuss the standing issue and then have rebuttal from the appellee. And then once they make their arguments for standing or put on evidence regarding standing, then we'll present that issue to the City Commission to vote on whether or not to grant standing to the Sierra Club.

4:32:04 – 4:32:16Speaker 24

Perfect. Thank you. Through the chair, if I may, I have no issue with moving on both standing and the merits together so that we can expedite the decision-making process.

4:32:19Eileen Higgins

Mr. Winker, do you want to present your case for standing? Take less than four minutes, please.

4:32:25Speaker 55

I can do it as part of the whole thing. So I'll go ahead and start with the standing issue.

4:32:29Eileen Higgins

Is that your preference, Commissioner King, since it's your district to do them both at once, or you'd like step one and step two?

4:32:35Christine King

Whatever the preference is for, I want to have a clean record. So whatever you think, go with standing. All right, so we'll do it one at a time.

4:32:44Speaker 24

For the clean record, I think it should be both issues at once so that it's the full merits of the case, including standing.

4:32:52Eileen Higgins

Mr. City Attorney.

4:32:54 – 4:33:32Speaker 50

That's fine. Standing is a jurisdictional threshold issue. Now, the consequence of the city commission determining that there is no standing would be that that would basically end the appeal, but I believe I'm sympathetic to the appellee's position that if we were to just limit it to that decision, that would be what gets appealed to the circuit court appellate division, and it would consume unnecessary time, so I'm I'm fine if the appellee is fine with moving forward with combining the standing issue and the merits of the case.

4:33:33Speaker 24

That would be my preference. Sounds good to me. All right.

4:33:37 – 4:40:13Speaker 55

All right, David Winker, on behalf of the Sierra Group Miami. This is the second appeal, tree appeal we've had today. The standing is a little bit different here. This appeal was denied below. So we are the appellant appealing the decision of the HEP board. This is not an appeal against development. We're not asking the city commission to prohibit development on this property. We are asking the city to require development to comply with chapter 17 of the city code. Preservation first, removal only when justified, and mitigation is not a substitute for preservation. Our position is the development should be designed around protected and specimen trees where preservation is practicable. The scale of the proposed removal, we're talking about 41 trees proposed for removal on this property. removal of 22 hardwood trees, 19 palms, and that includes five specimen live oaks, two specimen mahogany, four gumbo limbos, and one clusia. One of the specimen live oaks is in the public right of way. And another one is located in the park, and we're going to talk a little bit about that. That tree's been damaged, and we'll talk about that. The question before the commission is the application of Chapter 17. The question is not, does the developer want to remove these trees? Clearly they do. It's, has the applicant demonstrated that removal satisfies the city's tree protection ordinance? Before protected and specimen trees are sacrificed for development, the record must establish that preservation is not practicable, that showing has not been made. In this case, the development plan has become the justification for tree removal. The principal justification is these trees conflict with the proposed construction. That reasoning is circular. We have existing protected trees, then we should do a preservation analysis, there should be a site design, and then there should be development. The whole purpose of the code is to design around the trees. What has not been demonstrated, that building placement, there is no evidence on the record that the building placement could not be modified, parking and access could not be redesigned, setbacks could not be adjusted, that removal represents the minimum necessary impact, that utilities could not be relocated, that construction methods could not be modified, that route protection techniques could not preserve additional trees, or that alternative building footprints were meaningfully evaluated. The applicant's own arborist report shows that these trees can coexist with development. The trees were evaluated for condition, canopy, root zones, protection zones, and conflicts with development. Significantly, the report identifies numerous trees as good. including mature live oaks. For example, tree number eight, good, remain. Tree number 11, good and remain. The applicant's own evidence demonstrates that these substantial mature trees can be incorporated into this development. The updated arborist report, and I quote, fully compatible with the proposed development. This arborist report contains the sentence, all other perimeter trees remain fully compatible with the proposed development. It further concludes tree number one, minor canopy conflict, no root conflict, and no root pruning is required for any perimeter tree. But the most troubling trees are public trees. These trees belong to the public. One is a live oak in Legion Park, and the other is on the public right-of-way. The HEP Board really got stuck on both of these issues, particularly the one on the public right-of-way. We challenged the treatment of the specimen live oak on the public right-of-way because they're treating it as simply another obstacle to a private development project. Before mature specimen trees on public parkland or right-of-ways are removed to accommodate private development, the city should require a compelling evidence-based demonstration that there is no reasonable alternative. And I just want to drive this home. This is unprecedented. A developer is taking down trees in a public park and in the public right-of-way. That tree, as the HEP Board found, They asked them to find a way to preserve that tree. It's a signature tree on the corner of this project in the right of way. Public trees deserve public protection. The mitigation they're providing does not answer the question. This cannot become the standard. Design the building, place the building where the trees exist, declare a construction conflict, and then mitigate for removal. Development and preservation are not mutually exclusive. The city's own process demands both. We can do both. But Chapter 17 charges you with preserving trees to the greatest extent possible. I want to take a couple minutes and have my, before I get into standing, I'd like to introduce This is the member of the Sierra Club that lives within 500 feet, and I'd like her to talk about her involvement in this project. This goes to our standing evidence. Introduce yourself.

4:40:15 – 4:42:01Speaker 6

Hi, good afternoon, Mariela Lopez-Delbert, 661 Northeast 68th Street. I've been involved in this for many, many years. Our community has. We fought very hard to preserve Legion Park for the better of it, for everything, the environment, the wildlife, the trees, everything around it. We have this project that is coming into our neighborhood and coming adjacent to this public historical park, and we are really trying to preserve it. For the last eight years, the community, and I say the entire community, was against this project and did not want this project to come our way. in the way that it was coming in terms of scale. Now we have presidents here that not only are they coming in out of scale, they're also now attacking our trees. We can't really allow that. I'm sure that they have great architects with a lot of imagination that can work around the existing canopy of what exists there. There is no reason to destroy it, to fit in a box, because that's exactly what it is. It's a box. It's nothing else. It's a concrete box. And whatever. It is what it is. But we have the right to preserve our environment. We have a right to preserve our public environment. It's our environment. It's not a developer's environment. It's not a private entity. It's a community. And all we're asking is for our government, our city government, to understand what we're facing here. And we just can't keep wiping out economies that fit in more concrete and more concrete and more concrete. We really want you to understand that we want to work with them in the way we like them to work with us. and to build around the environment, not destroy it. So that's my standing. Thank you.

4:42:01Speaker 55

Did you give your address?

4:42:03Speaker 6

Yes, 661 Northeast 68th Street. I'm also the president of the historic Northeast Elmira. And are you a member of the Sierra Club? Yes, I am a member of the Sierra Club.

4:42:13Speaker 54

My apologies. Mr. Winker, I have a microphone here. We're not capturing your comments on the record.

4:42:23Speaker 55

And could you talk about how the destruction of these trees affects you based on your proximity to the project?

4:42:31 – 4:42:45Speaker 6

Well, it affects me because it gives oxygen, because it gives wildlife, because the birds come to where I live, because the more trees, the more oxygen I have, because it gives me shade, because it protects me from massive flooding, which we're starting to see.

4:42:48 – 4:43:03Speaker 55

During the HEP Board hearing, there was a lot of emphasis by the developer's attorney about the meetings that had happened that led up to this, and that you and the Sierra Club had not participated in the public process.

4:43:04 – 4:44:56Speaker 6

First of all, that's not factual. That's a complete lie. From the very, very beginning, I have assisted to every single meeting. And for the past eight years, Deborah Standard started the fight with MIMO when she was president of MIMO not to allow the development to come our way in that scale. So I've been into every single meeting, and in those meetings, the community has said no to this project. You want to come in, respect and scale, respect the park, respect the environment, respect the trees, which has been the complete opposite of what they have done. And whatever they're saying that the community wanted, that's completely false. I am a witness to that. I am the vice president to the Bayside Association. I abstained when the association decided to say, okay, we're not going to go against you, so you can build whatever you want, and you're going to give us some money to allocate to better our neighborhood. Well, guess what? I abstain because I have a moral standing. And that's not correct. That's not correct, one point. And I'll tell you why that's not correct. Because that letter was not from the community. That letter was designed by board members that met together and decided, hey, what do you think, what do you think? The majority said, okay, let's not go against them. But no, they didn't send out letters to every single resident in Bayside. or the Palm Grove didn't do the same thing, and ask those neighbors, what do you think of this? Would you like this, or would you not like this? So I don't think that seven board members have the right to decide to a community whether a project of that scale comes in and says, oh, the community allowed it. That's completely false. That is not a fact. And I was there. So whatever the other side is saying, that's completely false. They can stand up and say it to me in my face right now, because I'll say it back. Thank you.

4:44:58Speaker 55

So I'll just wrap up with standing really quick.

4:45:00 – 4:45:11Christine King

Excuse me. Excuse me. George, do you have to live within 500 feet of the development to have standing? Because he said 500 feet.

4:45:13 – 4:46:44Speaker 50

So for Sierra Club Standing, For nonprofits, standing generally requires demonstrating a heightened interest, which includes showing that members will suffer concrete adverse effects or that their organization has an ongoing active connection to the specific activity or property. Florida courts have repeatedly held that representative organizations and nonprofits do not automatically qualify as aggrieved parties before quasi-judicial municipal boards. See, for example, Chabal versus Dade County, 385 Southern 2nd, 129. But generally speaking, for the Sierra Club to make an argument, it would have to argue that, one, it is a nonprofit dedicated to the environmental protection. Two, it has members in or near the affected area. And one or more members would suffer a specific environmental aesthetic property or neighborhood impact from tree removal. And in recent litigation, or not so recent litigation involving the city, we've developed the standard of it's got to be a... The Florida Supreme Court has repeatedly held that citizens and taxpayers lack standing to challenge a governmental action unless they demonstrate either a special injury, different from the injuries to other citizens and taxpayers, or unless the claim is based on the violation of a provision of the Constitution that governs the taxing and spending powers. So now it doesn't just mean that they're part of an organization and they live close by. They have to show that they have a special injury.

4:46:45 – 4:46:57Christine King

And that's the determination. So you don't have to live within 500 feet is what I'm asking. Because it's an organization that's coming before us seeking standing.

4:46:57Speaker 50

Living within 500 feet makes your standing claim better. Let me put it that way.

4:47:02 – 4:47:30Christine King

Makes it, okay, because I don't know. It's not automatic. Because 68th Street and 64th Street, that's way more than 500 feet. So I want to. make sure, but the organization, I would agree, that they have an interest, and they're very passionate about trees. I would say that it checks that box. Okay, so it's not this 500 feet that we would apply to.

4:47:30Speaker 50

It's not the 500 feet, but more important, it's the special injury.

4:47:32Christine King

They do have a special interest, I believe.

4:47:40 – 4:48:25Speaker 55

Thank you. So just to continue, the disagree a little bit with the city attorney as far as Chapter 17, your Chapter 17 grant standing to a non-profit dedicated to conversation and protection of natural and physical environment, or, and there's a second provision, which is a homeowner's association, as defined by FS 720, which has one member who owns property within 500 feet of the subject property. So the debate is whether the the owns property within 500 foot of the subject property applies to both or one. But we meet the test anyways, because I have a member who lives within 500 foot under the code.

4:48:25Speaker 50

I just wanted to address that real quick.

4:48:27Christine King

She lives on 68th Street. The park is on 64th. That's not it.

4:48:36Speaker 55

We've looked at how far.

4:48:38 – 4:48:55Christine King

It's not 500 feet. Yeah. I mean, I think you meet the standing because of the organization, the special interests, and, and, and, but it's not 500 feet from her home to... where we're talking about.

4:48:56 – 4:49:24Speaker 50

But I just wanted to add to that argument. The argument he's making is he's citing a certain provision of the code. That provision of the code doesn't confer standing. What it does is say if you have standing, you pay a lower fee to apply. So that homeowners association and or the person being a member of the club only affects how much of an appellate fee that they have to pay per a clean reading of the city code, Chapter 17. That's our interpretation in the city attorney's office.

4:49:24Speaker 24

And at the time of filing, they did not have that member.

4:49:28 – 4:49:41Eileen Higgins

Melissa, we have one side of the room still having the podium, and you will have your time at the podium. So Mr. Winker, continue, please. Or Commissioner King, if you have further questions, feel free to pipe in.

4:49:42 – 4:49:57Speaker 6

I would just like to address the 500 feet. I think it's best not to say, well, I don't think it's 500 feet. It can't be 500 feet. Why don't we go out there and really measure it if I am 500 feet or not before something is decided without having the fact, the actual measurement. That's what I would say. Thank you.

4:50:01Christine King

I think take the win. I'm saying that you have standing because of the organization. Take the win. Take the win. Google Maps.

4:50:12Speaker 54

And I'm sorry, we need to have all comments on the record.

4:50:16 – 4:50:37Speaker 55

No problem. I actually agree with the commissioner on this. But I do, I will for the record say we measured it on Google Maps, and it does show 418 foot for what it's worth. But enough of that. With that, I would like to save maybe two minutes for rebuttal. But I've concluded. Thank you so much.

4:50:46Eileen Higgins

Okay, Ms. Tappanus.

4:50:50Speaker 50

We provided Mr. Winker 15 minutes of time, so you have the same 15 minutes of time, Ms. Tappanus.

4:51:01 – 5:06:14Speaker 24

There we go, thank you. Thank you. And what I was trying to mention is that the issue of 500 feet only deals with fees. It's not about standing. But with that said, I'm here today with our arborist, Jeremy Hinkle, as well as Katya Hrysova with Mimo Bay and my colleagues, Nick Rodriguez and Lisa Diaz. The property that we're here to discuss is the 3.25 acres of land located at 64th Street, just south of Legion Park. As it relates to standing, Chapter 17 of the City Code intentionally creates a standing requirement in order to be eligible to appeal a tree permit intended decision. It's meant to limit tree permit appeals to those in the community that may actually be impacted. The Sierra Club insists on using the tree permit appeal process as a forum to discuss the city's tree preservation policy. It is inappropriate and harmful to communities like this one who collaborated with the applicants for over six years on this project that delivers real public benefits. These unfounded and frivolous appeals delay delivery of those public benefits. The Sierra Club has refused to meet with the applicant and contradicts its own testimony before the Historic Preservation Board when their counsel acquiesced to the HEP Board's unanimous decision and seemingly accepted the applicant's voluntary proffer of additional mitigation. The Sierra Club is not an aggrieved party or adversely affected person under state law. The case law is clear, and I would like to incorporate by reference our letter dated August 28th, which is part of the record, as well as incorporate the entire application file, as well as the July 24th hearing before the Historic and Environmental Preservation Board. For environmental groups like the Sierra Club Miami, the law requires that a substantial number of its members are substantially affected, not merely one member that was recruited at the Historic Preservation Board meeting, which is exactly what occurred on the record that evening. It's telling that none of the very active Upper East Side neighborhood associations that supported our public hearing process, which you all participated in, are not here to discuss this tree permit. The Sierra Club Miami group has not demonstrated that it has a substantial number of members within the neighborhood surrounding the project. Therefore, they lack standing, and we preserve the standing issue for any appeal that may come. Now on to the merits, which I think are very much in line with the Historic Preservation Board's unanimous decision and your professional staff's recommendation. Tree removal permits are issued in accordance to strict criteria that are thoroughly enforced by the City's professional environmental preservation staff. We know that because it took us two years, 11 permit cycles, three on-site inspections to get to the intended decision. Our position is that that intended decision is the correct one. And at the last Historic Preservation Board meeting, we were able to obtain even greater number of diameter trees and incorporate them into the additional mitigation, which is what Mr. Wisong mentioned earlier. Notably, the Sierra Club did not participate in any of the numerous public hearings and community meetings over the last six years, but three years more in earnest that led us here. Chapter 17 is not intended to force a redesign at this late stage. The project complies with all requirements for issuance of the permit. This is the criteria and the applicant has demonstrated that a majority of the trees proposed for removal are located in the buildable area where the development will be placed, while the remainder of the tree of the located areas are reserved for future right of way and utility infrastructure. It's important to note that the trees that are being removed were part of the discussions with the community. The community took issue with what we call Adela One or Mimo Bay One, which was constructed in full compliance with the Miami 21 code that included a zero foot setback along Legion Park. The community did not want a zero-foot setback along Legion Park. They asked for a public paseo, which is what the final approved plan provides. That public paseo required the entire structure to be moved further south and impacted other trees that are part of the intended decision. The applicant's project includes two lushly landscaped pedestrian paseos and substantial street-straping improvements where replacement trees are being planted to mitigate every inch of tree that is removed. We are not paying into the Tree Trust Fund, and our tree mitigation involves 237 trees onsite, where only 163 trees are required. AGAIN, THAT'S 45% OVER AND ABOVE THE CITY CODE REQUIREMENTS. THIS IS NOT ABOUT MINIMUM CITY CODE REQUIREMENTS. WE ARE INVESTED IN PRODUCING AN EXCELLENT PRODUCT WHICH INCLUDES A STRICT VIEW OF MITIGATION ALL BEING ON SITE. The applicant is also purchasing larger trees than required in order to ensure the mature canopy grows back sooner, and the applicant, as an example, has sourced, instead of the typical nursery live oaks that you see on the screen to your left, specimen-sized oak trees to your right. And that is what has been part of the mitigation that was presented at the Historic Preservation Board. The voluntary proffer to modify the permit and specify these larger caliber native trees result in increasing significantly the canopy within five years. Although tree canopy is not regulated by the city code, the applicant has made this effort to replace 100% of the tree canopy on day one of the project completion. Now let's speak about the two trees that were referenced by Mr. Winker. Only one of them is within Legion Park, and that is Tree C. And I think it's really important to see these photographs. You'll see on your left of the screen that this is the tree as part of our first arborist report, and our arborist is here. And in that report, he wrote that the tree was in danger of failing. There was significant decay that you see on the left of the screen, and in fact, the tree did fail, and most of that canopy, I am told about 75% of the tree seized canopy is on private property for development along that east-west paseo, public paseo, and the tree failed on that paseo. Now, to be clear, this is not our property. Legion Park is city-owned property. We do not have to remove this tree. The city asked us to remove this tree as a way of addressing life safety for liability to the city of Miami. This is not about something that the developer simply wants to, you know, as Mr. Winker say, chop down trees in Legion Park. This is a tree, Tree C, that has already fallen on the public paseo and is obviously decayed, consistent with our expert arborist report. And instead of just doing what the city told us to do, which is, Take down the tree, it's a life safety danger. We are relocating a healthy specimen size tree of over 17 inches of DBH and 32 feet of height with a 20 foot spread onto Legion Park. So the 100% of this canopy will go to the public park and this is part of our landscape plan. Now let's talk about Tree 25. Mr. Winker incorrectly put on the record that this is a tree in the public right-of-way. This is an excerpt from our plan. If Mr. Winker would have reviewed any of the substantial competent evidence in our file, He would recognize that Tree 25 is on privately owned land. And specifically, this Tree 25 was told to us by City of Miami Resiliency and Public Works Department that it is a danger to the public at its current location. Now, it's in private property, but we're going to be developing a full streetscape for the city, dedicating that to the city. So that includes a sidewalk, curb, gutter, new fire hydrants, all the things that are required from developers. IT'S IMPORTANT TO NOTE THAT WE ARE DEDICATING PRIVATE LAND TO THE PUBLIC FOR THE CONSTRUCTION OF THAT SIDEWALK. AND THE REMOVAL OF TREE 25 WOULD BE, IS REQUIRED, PERIOD. WE HAVE TAKEN IT AT THE HEP BOARD'S REQUEST. WE HAD AGAIN ROUNDS OF MEETINGS. MR. SMITH CAN testify to that, but the bottom line is is that Tree 25 is on private land, it is not on public right of way, it is not a public resource of any way, and it is clashing with the city's life safety right of way standards and have asked us to remove it. NOW, THIS DESIGN WAS SHAPED BY COMMUNITY COLLABORATION AND COMMISSIONER KING CAN TESTIFY TO THE MANY, MANY MEETINGS THAT THIS PROJECT HAD. THE SIERRA CLUB ACCUSES THE APPLICANT OF NOT CONSIDERING DESIGN ALTERNATIVES WITHOUT PARTICIPATING IN ANY OF THE COMMUNITY OUTREACH MEETINGS AND PUBLIC HEARINGS THAT OCCURRED IN CONNECTION WITH THIS PROJECT. THE DESIGN WAS MODIFIED THROUGHOUT THE PROCESS AND REFLECTS THE BEST POSSIBLE OUTCOME FOR THE COMMUNITY. SIX YEARS OF COMMUNITY OUTREACH, THAT IS A LOT FOR A DEVELOPER. AND THAT WAS DONE TO ENSURE A PROJECT THAT WE COULD ALL BE PROUD OF. The design was specifically modified to include substantial public benefits, such as public parking within the ground floor of the project. That is a very big deal in the Upper East Side, where Upper East Side residents will tell you that FDOT removed the on-street parking spaces historically on Biscayne Boulevard, causing hardship to all the business owners within the Mimo Historic District. WE'RE PROVIDING TWO PUBLIC PEDESTRIAN PASEOS TO LEAD THE PUBLIC FROM OUR PARKING GARAGE TO LEGION PARK CREATING PUBLIC ACCESS EASEMENTS AND AGAIN THAT TREE SEA FELL ON THAT EAST WEST. A sale and again that was consistent with our expert arborist report saying this tree will fail and it did within the pendency of the two and a half two years two months of going through the tree permitting process. IN ADDITION TO THAT, THE COMMUNITY BENEFITS AGREEMENT INCLUDES A $1 MILLION CASH CONTRIBUTION TO MITIGATE PROJECT IMPACTS IN THE SURROUNDING NEIGHBORHOOD. THE APPELLANT MENTIONED THIS MONEY GIVEAWAY. THAT'S NOT WHAT THIS WAS. THAT WAS AGAIN TO CREATE COMPATIBILITY BETWEEN A NEW PROJECT AND A SEAMLESS PUBLIC OPEN SPACE INTO LEGION PARK. Safety, landscaping, being able to, as we develop our beautiful project, we want the city land to look just as good. And that is what the million dollars is intended to go through. Now, the developer is a friend to the community, generously has offered spaces within the Della One for Legion Park Farmer's Market while this project is being developed. The Sierra Club, I would argue, is not part of this community. It brings this appeal without apprising itself of its facts, and it's simply wasting all of our times in an effort to harm a developer who has done everything right. This appeal should be denied. I ask for this commission to deny standing for the Sierra Club of Miami as well as deny this appeal and uphold the unanimous decision of the Historic Environmental Preservation Board of July 21 and send a message that all these frivolous appeals are spending a lot of city resources and impacting the overall community because it's very easy to take down trees without permits. And that is what we've all strived together as a community to prevent. And these appeals are frivolous, they're problematic, and especially because they won't even make the time to meet with us and apprise themselves of the facts. Because we can disagree on facts, but I think that as far as policy, much of what we believe in tree preservation is consistent with what the Sierra Club purports to believe in as well. Thank you.

5:06:17Eileen Higgins

Thank you very much. Mr. Winker, you have two minutes on your bottle.

5:06:21 – 5:07:55Speaker 55

Yes, ma'am, thank you. Thank you. I was waiting for my moment. Thank you. The respondent made the case for us. The statute is clear. 17-5 says the tree must unreasonably restrict the permitted use of the property. They don't even purport to argue against that. There is no argument that they meet that standard. What they're saying is The process has resulted in the trees being addressed at the end. They make the accusation this is not a legitimate appeal because all this should have happened. The tree permit, we don't control that. They applied for the tree permit at the end of the process. So that's where they are. So to blame the Sierra Club for not bringing this earlier is ridiculous. They participated all along, as you heard from my client. And this idea, they admit that they did not design this. with the idea that they're unreasonably restricted with the use of the property. Last thing my client would like to address, the million dollars.

5:08:02 – 5:08:32Speaker 6

Again, this project did not donate or whatever they want to say, a million dollars to the project from the beginning. $500,000 came later after the Friends of Legion Park fought very hard for not to have Northeast 64th Terrace vacated. I just want to make that for the record, how the extra $500,000 came in and it was not a million from the original standpoint. Again, another fact that is a lie. Well, her lie. Thank you. Thank you.

5:08:37 – 5:12:52Christine King

very much Commissioner King well I am intimately involved with this project because like it goes back six years I have been involved with it for the last five I've had record number community meetings on this Mariella is correct the initial community benefit was five hundred thousand dollars and then came before us vacating the street, which was an unnecessary headache because the community believed that 64th Street, 64th Terrace was a city-owned street. It is not. It was a street held in trust for the developer. And it passed down since like 1941 from each property owner. It's a one-way street, and it's used solely for the purpose of parking on Saturday for the farmer's market. I had a community meeting. I had police, fire to address safety, life safety issues. What happens if this street at the time is vacated? How can the fire trucks get in? They're actually widening the street. It has to remain a one-way street. but it doesn't belong to the city. So that was a unnecessary headache that I had to deal with. And because we had to have so many more community meetings because of that, we got an additional $500,000 to mitigate any unintended consequences to the city, to the residents that this development has. In addition to, we have free parking for three hours seven days a week in the new garage and free parking during the farmer market hours. Now, I want to ask staff again about the, can you provide any additional information with respect to this? And by the way, I did see the failing tree because I attend that park. We just had a ribbon cutting for The dog park. I'm in the park. This is literally my neighborhood. And we did have overwhelming support from the HOAs. Now, in response to the argument that the HOA boards decided and it wasn't for the total of the residents and stuff, someone can say that about us. but we're elected and the board members are elected to represent the body. And each of the organizations did give a letter of support for this. We are not in favor of just destroying trees at all. I've somehow become a tree czar, saving trees, championing the saving of trees. And Mariella is my appointee on the tree committee ordinance revision. And she is a she is passionate. We do not live in a zip code. Where do we live Mariela? We we live in a planet because she is her tagline in her emails. So I understand her passion. But in this case this development has gone above and beyond. They want to be a good community partner. That tree is failing, tree number C. Tree C. And the tree number 25, from what I understand with public works, that poses a site visibility issue, what she was speaking about, the hydrants and this and that. And I'd like you to answer my question. Do you have anything else to offer?

5:12:52 – 5:17:02Speaker 63

Sure. Good afternoon again. Sean Smith, Acting Chief of Environmental Resources, ISA Certified Arborist. So, just real quickly here, this application was submitted on April 18th of 2025. The intended decision was not issued until June 16th of 2026. It did go through 11 review cycles and there were three site visits conducted and I was on the first site visit. So the two trees that we're discussing in particular, I'll get to in just a moment. But before I get to that, just to let you know, we go through the same process with every one of our applications. in regard to retention, relocation, redesign, all of those things. So removal is always last option. That being said, this was an appeal that was denied in part by the Historic Environmental Preservation Board because there was a proffered modification increasing tree sizes, and that was accepted by the HEP Board, and it was not objected to by the appellant. So it was not objected to, just so we know. And I'm going to just go over really quickly. The increases went from 14 4-inch dwarf white tabibuya trees to 14 7-inch live oaks. From 20 Florida thatch palms, which are smaller species palms, to 26-inch DBH sable palms. from 18 4-inch bald cypress trees to 18 5-inch bald cypress trees, and from 5 4-inch gumbo-limbos to 5 6-inch gumbo-limbos. So there's substantial increase in the replacement canopy, and as it was already stated, they're exceeding the requirements of Chapter 17. They are going above and beyond. So, with that being said, we also did look at Tree C and Tree 25. Those were the two main issues of concern. Tree C, we know, has already failed. When I did my site visit, it had already been listed in poor condition. I confirmed that. The replacement of another live oak of approximately the same size into the park is not a requirement, but it is being proffered, and that was part of the original plan. And that is an actual upright tree in much better condition, right? So that will provide canopy replacement and actually exceed the canopy that's being removed. And I believe parks may have had conversations with the applicant in regards to that approval for the park relocation and removal. In regards to tree 25, in addition to being in the site visibility triangle, it is a large specimen tree. It has what's called a co-dominant stem. So it's basically like two trunks, but they come down very, very low on the tree. It's a massive tree with a massive canopy. We looked at the option of relocating the tree and trying to take it down 64th and into the back entrance of the park. It would have required extensive canopy pruning, so much so that it would have basically destroyed the tree. In addition to the fact that the root system, the tree is located in the property, but it is still in that visibility triangle because it's large and it's 25 feet across there. The roots are basically entangled within the existing fire hydrant, drainage, and ADA access. So there would not be the ability to retain a sufficient root ball on that side of the tree. And on the interior side of the tree, there's a direct conflict with the actual foundation of the building and the canopy and root pruning would be so extensive, you really wouldn't have a tree left. And so we looked at all of those options and it's really just, you know, in terms of what's proposed, the tree cannot remain.

5:17:04 – 5:19:32Christine King

Thank you. My pleasure. Also, you have a rebuttal before I say anything? I think also, which is why we need the committee and we added someone from the climate resilience, again, an idea that came from Mariela, I think, because the community doesn't trust us. They don't trust us with maintaining our tree canopy. I have planted almost a thousand trees in District 5 because District 5 didn't have 500-year-old oak trees, 100-year-old oak trees. We didn't have that. I'm creating that for District 5. I don't want to see any trees go. But because of the distrust between the community and elected officials and administration, you think they're not telling the truth. I also think with respect to permitting, before you get a permit to, because you basically, developers, the person trying to build the new home, they get the permits to build, and then we look at the tree. And that's backwards, because that puts everybody up in arms. And it causes so much discontent between the community and us, which is what I'm hoping the committee will address and fix that because I'm going to deny the appeal. But it's not because I don't understand the concern. We don't want to lose our tree canopy. But as was just told by administration and the developers, they're giving us more tree canopy. It's going to be good. It's going to be good. But because of the distrust, the community won't let go of one tree. No matter what you say, no matter how you say it. And I voted against the appeal just before this one, but I'm voting to deny the appeal here because I believe that both the administration and the developers and myself, because I have researched this myself, have done the due diligence to say, in this situation, it is the right thing to do. And I stand with what staff has provided.

5:19:32 – 5:19:45Eileen Higgins

All right, so we have a motion. Motion. A second from Commissioner Escalona. Any other conversation? All in favor say aye. Aye. Show the item passed.

5:19:46Eileen Higgins

As amended. Thank you. Mr. Attorney, before we move on, because you have a statement that has to be read at this meeting. I don't want to forget about it. Please.

5:19:55 – 5:22:57Speaker 50

Yes. i apologize to the commission but i have a request for a shade session um madam chair and members of the commission pursuant to the provisions of section 286.00011 parentheses eight floor statutes i am requesting that at the city commission meeting of september 24 2026 an attorney client session closed to the public be held for purposes of discussing the pending litigation in the matter of William O. Fuller, Martin Pena II, the Barlington Group LLC, Calle 8 Marketplace LLC, Yoamo Calle 7 LLC, Little Havana Arts Building LLC, Little Havana Arts Building II LLC, Tower Hotel LLC, Brickle Station LLC, Deidre Villas LLC, Futurama LLC, El Shopping LLC, Beatstick LLC, Viernes Culturales, Cultural Fridays, Inc., Little Havana Bungalows LLC and LHAB Trust LLC versus City of Miami et al., case number 23CV24251DRG, pending in the United States District Court, Southern District of Florida, and QBE Specialty Insurance Company versus City of Miami, Joe Carollo, Arthur Noriega, Victoria Mendez, Rachel Dooley, Ace... Asiel Marrero, Daniel Goldberg, William Ortiz, Luis Torres, Adrian Plasencia, Rene Diaz, Ivan Bayona, Altos Mexicanos LLC, DBA, Taquerias El Mexicano, Beatstick LLC, Brickle Station LLC, Cayocho Marketplace LLC, El Shopping LLC, William O. Fuller LLC, Futurama LLC, La Gran Fiesta LLC, El Hab Trace LLC, Little Havana Arts Building LLC, Little Havana Arts Building II LLC, Little Havana Bungalows LLC, Piedra Villas LLC, El Shopping LLC, Martin Pena II, The Barlington Group LLC, The Mad Room LLC, Doing Businesses Ball and Chain, Tower Hotel LLC, Viernes Culturales, Cultural Fridays, Inc., and Joamo Caiciete LLC, and Denise Galvez-Toros, case number 124, CV 21854-EA, pending in the United States District Court, Southern District of Florida, to which the city is presently a party. Subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will occur at approximately 10 a.m. or as soon thereafter as the commissioner's schedules permit. And conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Commissioners Miguel Angel Gabela, Damian Pardo, Rolando Escalona, Ralph Rafael Rosado, and Christine Kings. City Manager James Reyes, City Attorney George K. Weisong III, Deputy City Attorney Kevin R. Jones, Assistant City Attorney Supervisor Eric Eves, and Outside Counsel Raquel A. Rodriguez, Esquire Angel Cortinez, Jonathan Caskill, Stephen A. Moreno, and Christine Guaredes. 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 city commission will be reopened and the person chairing the commission meeting will announce the termination of the attorney-client session. Thank you, Madam Mayor.

5:22:58 – 5:23:33Eileen Higgins

Okay, take a breath. That's a lot to read in one. All right, colleagues, we are going to have to... end this commission meeting. We have three discussion items which we can, none of which are timely, we can take up because we cannot move to the budget until we do the CRAs. Both of the Southeast Overtown, Park West CRA, and the Midtown CRA. So I would, which one are you, Mr. Clerk, easy to change the tape? You want to do Midtown first or Southeast Overtown? over Town Park West.

5:23:33Speaker 54

As a housekeeping matter, would you just like to defer DA 5, 6, and 7?

5:23:37Eileen Higgins

I think that's best because we have 10 minutes to do two CRA meetings and get set up for the budget hearing.

5:23:48Speaker 54

Is it acceptable to move or defer DA 5, 6, and 7 to the October 8th meeting?

5:23:53Eileen Higgins

There's a motion to defer. Is there a second? Second.

5:23:56Damian Pardo

I'd like mine for the second in September.

5:23:58Speaker 54

So defer all three to the September 24th meeting?

5:24:02Miguel Angel Gabela

Okay. What are we doing again? We're deferring DI 5, 6, and 7? Yes.

5:24:07Eileen Higgins

Because we have nine minutes before our budget meeting starts. And we have two CRAs we have to do or we can't do the budget hearing.

5:24:15Speaker 54

Okay. All right.

5:24:16Eileen Higgins

All in favor say aye.

5:24:17Speaker 54

Who was the mover? I apologize.

5:24:19Eileen Higgins

Commissioner Escalona.

5:24:20Speaker 54

And the seconder?

5:24:23Eileen Higgins

All in favor say aye.

5:24:25 – 5:24:44Eileen Higgins

All right. So those deferred, unfortunately. All right, so this commission meeting is over, right, Mr. Clerk? Yes, ma'am. There's no other pending business? And would you want to put the tape in of the Southeast Overtown Park West CRA first or the Midtown? Which do you prefer, Commissioner King? Whichever is easiest.

5:24:45Speaker 54

Okay. We'll flip the tape to Midtown.

5:24:47Eileen Higgins

All right, we'll start with Midtown.

5:24:49Speaker 54

Give me just 60 seconds.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.