City Commission - Regular Meeting

Tuesday, August 18, 2026

The City Commission addressed public concerns about construction noise, recognized two police officers, and approved several resolutions including a tentative plat, budget amendments, and changes to garbage collection services. Discussions also covered tree maintenance in public rights-of-way and an amendment to the Girl Scout lease agreement.

About this meeting

Government Body
City Commission
Meeting Type
City Commission
Location
South Miami, FL
Meeting Date
August 18, 2026

Transcript

389 sections

0:10 – 0:35Javier Fernández

Good evening, everyone, and welcome to South Miami. Today is Tuesday, August 18th, 2026. The time is 7 p.m. Recording in progress. We will replay the last announcement. Good evening, everyone. Today is Tuesday, August 18, 2026. The time is approximately 7 p.m. We will now call to order this meeting of the South Miami City Commission. Madam Clerk, if you can please call the roll.

0:35Speaker 13

Yes, Mayor Fernandez.

0:37Speaker 13

Vice Mayor Corey.

0:39Speaker 13

Commissioner Rodriguez.

0:40Speaker 13

Commissioner Bonita. Here. Commissioner Kaye.

0:42Speaker 13

We have a quorum.

0:44 – 1:16Javier Fernández

Thank you, Madam Clerk. If we could please rise for a brief prayer followed by the pledge led by Commissioner Rodriguez. If I can find this prayer, that would be great. Since today's election day, we'll say a short prayer for our democracy. Gracious God, we come to you today to ask for your blessing, wisdom, and protection for our democracy, help our nation to choose peace over division, to listen with open hearts, and to stand strong for justice, truth, and freedom for all people. Amen.

1:19Daniel Rodriguez

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

1:31Javier Fernández

Please be seated. Thank you.

1:33Speaker 13

Madam Clerk, I believe we have a couple of presentations on tonight's agenda.

1:39Javier Fernández

Yes. If you could read the first one, please.

1:42Speaker 13

Chief's Administrative Award, Lieutenant Yukins.

1:46 – 2:01Javier Fernández

Actually, let me hold on that just because we have public remarks. I keep skipping that. So I apologize. We'll get to that next. So first on the list for public remarks today is George Usatoris. Sir, welcome. Please come forward.

2:09Speaker 11

It's not my forte.

2:10Javier Fernández

No problem. When you start, your name and address for the record, please. Thank you, sir.

2:13 – 6:55Speaker 11

My name is Jorge . Good afternoon. Mayor, vice mayor, commissioners, attorneys, thank you for having me here and allowing me this moment to speak to you. I live across the street about half a block away, 6001 Southwest 70th Street. I invested a significant amount of money. I fell in love with this city. It's an amazing city. I grew up in Miami, Hialeah. Came back from LA after 23 years to care for my parents. Father is a CIA Bay of Pigs invasion veteran, second lieutenant, and has passed a year ago. My mother just passed January. I made the decision to stay in Miami because of the love and Vibrant city that it is correct So I came to South Miami and fell in love because it's such a quiet lovely small quaint magnificent city, but I'm here tonight to express my Frustration with what's going on in my area and with the individuals that live the residents that live in my community my building which was significant footprint and I have a unit and I was planning on buying a number of others. That's going to be on pause. And it's unfortunate because we're all up in arms. Across the street on Saturdays and Sundays where the ordinance does not allow noise and construction, heavy equipment, banging, grinding, They don't even chop up the cement. They just flip it over and it shakes every building for a block away. And that's unacceptable. We have children. We have medical workers that work overnight and need to sleep. We have married folk that are trying to have a quiet life. And then there's myself that just wants peace. because I was caregiving for my parents for two years, day in, day out, minute after minute, worrying if something would happen. So peace in our lives is very, very vital. And what's happening now is there's no peace. There's no respect for law. I've made a report. Police came out. They lied to the police and said they could, that they had permission, that they had permits. They do not. That permit, that permission may have been in 2024. It is not current. So they're lying to law enforcement. Every weekend when they're not supposed to be working after they were told not to, they condition the whole block to have to put up with the noise, even when code enforcement, which is amazing, has told them not to. That's unacceptable. Our quality of life is worth something, like my investment is. like my parents were. It all matters. Your position matters because you hold them accountable, because you allow them to do what they should and should not do, could and could not do in this area. It's understandable. When you're pouring cement, you can't just stop. I get that. I've been in construction, and I've done a lot of things. I get that. But you're not pouring cement on a Sunday, on a religious day, When I'm praying, when I'm meditating, for the last 25 years, I have helped youth in many cities. And I teach them how to meditate and how to be peaceful, how to bring some quality to their community. What quality do we have? It's being squandered. And I'm going to say that it's because of the investment which is significant for them in the area. I'm going to close by saying I just need you to do something. This is not where we compromise. We lived here. They came in. We lived here. They brought heavy machinery. We lived here, prayed here. They came in and disrupted our life. So basically, we need you to do something. We need you to stand up. Code enforcement is all in. They agree. They are aware, and it's all up to the city to see what you can do. Hopefully, I don't have to go back and say, OK, all the residents, call them every day. Imagine if all of your offices were flooded with calls. That's not acceptable. You've got work to do. and I'm asking you to do it. So thank you very much.

6:55 – 7:21Javier Fernández

Sir, before you go, I'm sure we have a couple of questions. I just want to clarify so we know, have the right context, and not assuming. You're in Valencia, I'm assuming, then, correct? Correct. OK, and you're referring to the project, the old roadway in sight across the street? Excellent. OK, that's the source of the noise, because there are two projects in the area. I just want to make sure that's the right one. OK. Or is it both? Or is it both? Directly across the street. Directly across the street on your south side is the one that's generating the issues.

7:22Speaker 11

For us, yes.

7:23Javier Fernández

For us. What would the after hours work that you're observing?

7:26 – 7:39Speaker 11

The weekend work. Weekend work, correct. It used to be after hours until I spoke to code enforcement, and they immediately trimmed it to the hours they're supposed to, but then they keep going on the weekends. Okay. So there's no rest.

7:39Javier Fernández

I understand. I just wanted to clarify who is originating the issues and what the issues are. So thank you for the clarification. Commissioner Kaya, did you want to ask a question? No.

7:48Steve Calle

It was just an internal conversation. I don't remember what we gave him in development rights, and I'm sure code enforcement... We'll ask the attorney next that question, but if you have any questions of...

7:57Javier Fernández

Sorry, I couldn't pronounce your last name again. Remind me one more time. Thank you.

8:02Speaker 3

Appreciate it.

8:03Javier Fernández

Yes, sir. You're recognized.

8:06Daniel Rodriguez

So I just want to be clear. There's the building that got demoed, which is gone, and then there's the building right in front where they're building the structure.

8:16Daniel Rodriguez

So is it both or is it just one?

8:19Speaker 11

The big building where it's already in the air, like barely any noise. You hear the break time bugle thing. On weekends?

8:29Daniel Rodriguez

No, they're not working. Just during the week.

8:31Speaker 11

Only the one right across the street.

8:33Daniel Rodriguez

I just wanted to be clear which one it was since there are two literally right in front. Right, right, right.

8:38 – 8:49Speaker 11

Which is the surprise to all of us because we're like looking at this mammoth structure and we hear the little one right in front of us like 40 feet away. Okay. It doesn't make sense. Okay, thank you.

8:50Javier Fernández

Madam Commissioner.

8:52 – 9:24Lisa Bonich

this is more a comment to them than to you. I actually spoke with our city manager about this earlier today regarding traffic flow and dirt and stuff because I feel like It's it's not as clean as it should be in it It just feels like there's so much dust there more and it's interesting more dust than before So just so that you have the benefit of hearing no You guys know that the chip is is working on that. He has been working on that.

9:25 – 10:09Speaker 11

May I address that you may please recognize That's right on target all our balconies are filled with dust their entrance and exit is right in front of our entrance and exit. If you were designing something and you wanted it to be accommodating and considerate, you would put it on the side where everything's closed after a certain hour or on the weekends. But you put it right in front of a residence. Imagine in front of your house if they were backing up with the backup alarms all day long. and the dust, because they weren't washing the sidewalks at the beginning. They started after I showed up and I complained, called code. Then they immediately started to do something. But they're not. So thank you very much. You're very correct.

10:10 – 10:43Javier Fernández

Thank you. Further questions? OK. So Mr. Manager, do you have a report for us on this? I mean, I did observe. I walked to the gym on Saturday and walked the west side of the property, the west side of the Meister property. And there is certainly a lot more dust on the street there, but there wasn't a work Saturday morning happening or Saturday evening happening at that location. There was? No, no, at the other building. Yeah, I didn't really. I walked past it on the west side, so I didn't get that far east. But so can you fill us in on what has happened thus far from a compliance perspective?

10:44 – 11:34Speaker 10

Yeah. When the gentleman was speaking, I wasn't sure what location you were referring to. So I'm glad that you asked. No, I have not had complaints come to me. If staff has dealt with it, then it has been dealt with at the staff level. But I'll circle back with staff and have a conversation. Obviously, they've been in demolition mode. The entrance is, as the gentleman says, on the north side of the construction. Not everything will enter there. but they've made that sort of the primary, obviously the challenge on the south side as well. You have pre-K and you have school, you have drop-off. So there's never gonna be a great place, obviously, because you have people living on the north side and fully understand it. So I'll go back with staff to find out exactly what was done, what was discussed. Was it just verbal? I don't know. I don't have any knowledge of them being cited for work that they weren't supposed to be doing or beyond hours that weren't supposed to be doing. So I'll follow up.

11:35Javier Fernández

Okay, if you could also get us a report on Would the city's attorneys help when they're allowed to work? Are there any special provisions in their development agreement? I think they did sign one, correct?

11:46Speaker 5

Yeah, there is a development agreement. I'm looking through it right now. I don't see any special conditions.

11:51 – 12:23Javier Fernández

And if there's a repeat violator posture, we can bring them back before the board? We can. Correct. So I think that's what we'll do next is if we will get a report from the manager. Once we get an assessment there's a problem, we can bring them back to this board and ostensibly open up the order. I know for them, every day is money because it's a student housing project. So they want to deliver by a date. If they don't cooperate and we were to take some sort of extraordinary action, it's going to be a huge issue in terms of them being able to make their delivery window. So we do have some leverage here, and I thank you for letting us know that there's been a problem.

12:23Speaker 11

Right, and basically just the leverage is that we are deserving of our piece. We were here before they got there.

12:29 – 12:51Javier Fernández

Absolutely, no, absolutely. And again, I will say that I think to a boy we're excited that the hotel went away because... Yes. I don't know if you're aware, you probably are aware, it's a huge driver of police calls for us, given the nuisance activity. And I do know that the school was happy to see that building go. But notwithstanding that, they've got to live certainly within our norms and regulations, and we'll hold them to account. Excellent. Thank you.

12:51Speaker 11

Thank you so much for your time.

12:52 – 13:08Javier Fernández

Appreciate it. Okay. Next on the list, we've got Josh Liebman. Commissioner, welcome. May I point a privilege from the audience? Please. Okay, fair enough. Okay. Then Mr. Ward, we'll close.

13:21 – 14:22Speaker 3

I can't believe that... I didn't realize it was election sign-up time. I've been out of town several times, and Commissioner Calley was on Facebook mentioning some things a couple of times, and I said, what in the heck is he talking about? So I checked with the clerk's office and found out you all had qualifying. I didn't even know about it. I would have probably tried to get some opposition from you just for fun. No, I congratulate all three of you. You deserve it. I don't like to see you get elected unopposed. But I only have one real big hassle with you, and that is I call Mayor Mayer high-rise. You all have approved so many high-rise buildings, I can't even count them anymore. Every time I go somewhere, there's a high-rise going up. And I understand J.R. Ely's going down, the high-rise going up.

14:22Javier Fernández

We don't have any control over that one, Mr. Ward, just for the record.

14:25Speaker 3

Let me ask you this. Is the 30-story building still on the agenda? Is it going, or what's going on?

14:31Javier Fernández

If it ever happens, again, just since you called me Mayor Highrise, I did try to move to cap it at 25 stories, but that's a historical footnote in this conversation, but that's okay.

14:42 – 16:21Speaker 3

I said back in 2022 when we had one person raise $33,000, one person raise $64,000, that the days of average Joe Blows running for commission are going to be near and next to none. And it showed up this time. And I think the election before it last, I tried to get some people to run for office, and all three of them said the same thing. What, that kind of money? I can't play with that. i tell you what the citizens of the city of south miami are going to be happy about one thing they're not going to have political signs all over the city you have a ordinance or very dedicated campaigners like commissioner rodriguez knocking on their door almost every day so every day we we have an ordinance controlling political signs but I don't think the candidates read that deep than really understand. I mean, when I manage campaigns, I always told the candidate we will not put campaign signs anywhere except in front of a house, hopefully in the yard, but no worse. Try not to right away. But there have been elections in the recent. That vacant lot next to the community news has so many signs in it, somebody ought to rent them. But I congratulate all three of you, and all I can say that I hope that you'll slow down on this high-rise junk. I mean, look what's going across the street.

16:23Javier Fernández

We didn't approve that one either, but that's okay.

16:25Speaker 3

Well, I would have a lot more to say if we had crooks sitting up there, but we don't.

16:32Javier Fernández

Thank you, sir. Appreciate you. Okay, that's all we have for public remarks. Is there anyone else in the chamber who'd like to address this commission on any topic in public remarks?

16:42Speaker 13

And anyone on Zoom, please raise your virtual hand.

16:48 – 17:03Javier Fernández

Okay, seeing no one online and no one else in the chamber, we will close public remarks with the exceptional reserve former commissioner's privilege to come up after we finish the presentation. Oh, we do. Okay. Ms. Landau, please unmute yourself. You're recognized.

17:09 – 18:10Speaker 7

Thank you very much. This has to do with construction as well. Mahayana Landown, connected to 6926 Southwest 62nd Court. My sister and I are here on Zoom to find out more about that, but our Parents are in their 80s, and there are two major blocks that are going to go under construction soon. And we're just very concerned for their health as well as the noise when those are coming up and how those ordinances will be. So I appreciate the first person sharing and just wanted to also put on the record that the noise level of that kind of construction happening in a very quiet neighborhood just to keep our eyes on that as those projects go. So I thank you for your time and for your thoughtfulness around supporting their quality of life.

18:10 – 18:24Javier Fernández

Thank you for joining us. Anyone else online? Seeing no one else online and no one else in the chamber, we'll go ahead and close public remarks. And Madam Clerk, we'll ask you to again read presentation item number one, please.

18:24Speaker 13

Yes, Chief Administrator Ward, Lieutenant Buchan.

18:27Javier Fernández

Chief Hatfield, you're recognized, sir.

18:31 – 20:08Speaker 20

Good evening, mayor, vice mayor, commissioners, city manager, and members of the community. It's always a proud moment when we have the opportunity to recognize the outstanding work of one of our own. However, tonight we have the opportunity to recognize two folks. Tonight I'm pleased to recognize Lieutenant Robert Bukins for the Police Chief's Award for Administrative Excellence. Achieving and maintaining law enforcement accreditation requires tremendous attention to detail, accountability, and preparation. Lieutenant Bukins played an instrumental role in ensuring the South Miami Police Department successfully completed the rigorous accreditation process through the Commission of Florida Law Enforcement Accreditation. His dedication contributed to an outstanding achievement for our department, a 100% compliance with all applicable standards and the recommendation for a full reaccreditation. Much of this work happens behind the scenes, but it's essential to maintaining the professionalism and high standards of our department. It's my honor to present Lieutenant Robert Bukins with the Police Chief's Award for Administrative Excellence. FOR ADMINISTRATIVE EXCELLENCE, CONGRATULATIONS AND THANK YOU FOR YOUR OUTSTANDING ACHIEVEMENT AND SERVICE TO THE SOUTH MIAMI POLICE DEPARTMENT. DO YOU NEED TO READ THE SECOND PRESENTATION OR CAN I JUST GO FORWARD?

20:08Speaker 13

2025 OFFICER OF THE YEAR, DETECTOR DEL SOUL.

20:13 – 21:31Speaker 20

AS PART OF OUR SECOND RECOGNITION THIS EVENING, I'm proud to honor Detective Jacqueline Del Sol as South Miami Police Department's 2025 Officer of the Year. This award recognizes an officer who consistently demonstrates professionalism, dedication, and an unwavering commitment to serving both our department and our community. Throughout the year, Detective Del Sol has distinguished herself through her strong work ethic, dependability, professionalism, and dedication to the responsibilities entrusted to her. She consistently represents the values of the South Miami Police Department and has earned the respect of her fellow officers, supervisors, and command staff. Being selected as Officer of the Year is not about a single accomplishment. It's a reflection of the work she puts in every day, the way she carries herself as a law enforcement officer, the professionalism and example she sets for those around her. Detective Del Sol, your hard work and commitment have not gone unnoticed. Thank you for your continued dedication to this department and the residents we proudly serve. On behalf of the South Miami Police Department, it's my honor to present Detective Del Sol with the 2025 Officer of the Year Award. Congratulations on this well-deserved recognition.

21:42Javier Fernández

Lieutenant Bukins, the floor is yours, and we'll hear from Detective Tosol.

21:48 – 22:14Speaker 23

Not much of a public speaker, but I'd like to thank the police chief. It's a great honor. I'm very humbled, very proud of the work that we do as an agency and what we continue on doing as the chief moves us forward with his division. Amazing command staff. Couldn't have been happier. I can't believe it's already been 26-plus years, but it's home. Thank you.

22:20Javier Fernández

Detective, good evening.

22:22 – 22:47Speaker 17

Sorry. Thanks for . So first and foremost, I want to say how truly honored and grateful I am to receive the Officer of the Year Award. This recognition means more to me than I could put into words. I want to thank Chief for giving me the opportunity to prove myself, for trusting me, and for allowing me to grow both professionally and personally. I am extremely grateful for the opportunity and for the confidence that you placed in me.

22:48Speaker 1

Thank you, Chief.

22:50 – 23:32Speaker 17

To my sergeant, Sergeant Bosch, thank you for always believing in me, pushing me, supporting me, and reminding me of what I am capable of. Your guidance and your confidence in me have meant more to me than you'll ever know. And to my squad, I know some of you are watching Zoom. You are truly my backbone. No officer accomplishes anything alone, and I'm lucky to work alongside people who always have my back. This award has my name on it, but I share it with all of you. Thank you to my department, my coworkers, and everyone who supported me along the way. I'm proud of what I do, proud of the department that I represent, and extremely grateful for this honor, thank you.

23:32 – 25:33Javier Fernández

Let's take a picture, please, yeah. Again, congrats to both of you and your families. Okay, Mr. Lieben, you want to come up and do the honors? Welcome back, sir.

25:35 – 27:11Speaker 9

Thank you. It's been a minute. And by the way, Josh Liebman, South Miami resident, for the record. I probably forgot that protocol. Hi to my birthday brother over there on the AV. The last time I actually came to speak, this is only the second time. Similarly, it followed the election results. And that's what brought me here this evening. At least that was the immediate catalyst. And don't get nervous, Mayor. I know I always make you nervous when I'm about to speak. He gets nervous because he doesn't know what I'm going to say, but I always reassure him by telling him I don't know what I'm going to say either. So last time I was here, I was here to congratulate two years ago our newly elected commissioner, Commissioner Danny Rodriguez and Vice Mayor Brian Corey. And our mayor was elected. It was the last time we were going to have an election for mayor for a two-year term. So what brings me here today is that all three of our incumbents were re-elected. So I want to congratulate everyone, starting with Commissioner Kaye. Commissioner Bonnich, I love your patriotic outfit. You should stand up again and let everyone see that. Red, white, and blue, which is so appropriate. Thank you for picking up on that. On election day. Well, leave it to the colorblind person. And congratulations again, Mayor. And you are now the first, as far as I know, at least in my tenure, you were the first mayor elected for four years. That's the equivalent of being elected twice, right?

27:11Javier Fernández

I guess, if you say so.

27:14 – 28:44Speaker 9

Hey, why not? You got to take it. So again, but what this says to me, looking at it from the outside, that all three of you ran unopposed. And Commissioner Ward never let me run unopposed, so you were all lucky to sneak in. But what it says to me really reflects not just on you and not to take anything away from you, but from your colleagues that you serve with on the dais and the staff, which I always love to refer to as the team. The South Miami team is actually the best thing in South Miami. But it really speaks to the commission working so well together and working so well together with our staff that... It's really a win for the entire city. The hardest thing to do in any organization, in my opinion, is change the psychology and change the culture. And I'm going to circle back to this, but I just think it's an incredible transformation story. And speaking about changing the culture and getting back to our three newly elected on the dais, one thing that sets them apart is they're all working out now at the South Miami gym. Commissioner Kai is working out at the South Miami gym with his wife. The mayor is working out. He truly wants to be a strong mayor. And Lisa Bonich is, or pardon me, Commissioner Bonich is working out at the gym with her husband. We also have our city attorney, Tony Recio, working out at the gym.

28:44Javier Fernández

Who puts us all to shame, honestly. Yes, he does. He does, yeah.

28:48 – 29:59Speaker 9

Yes, he does. We have to reserve our time when Tony's not, I'm sorry, when our city attorney's not there because he consumes all the weight in the gym. And also our CFO Alfredo. And I really want to thank our city manager and deputy city manager and our interim parks, and I hope I said that correctly, parks and rec director John Tyson for all the support in the gym. And I really want to recognize a couple of the trainers there to speak to changing the culture. They've really created an incredible culture in the gym. And you should all be proud on the commission, because they are building community. They're making people healthy, our community healthy. And they are changing lives. It is an incredible culture. If you're interested in coming to the gym, It's probably the most economical gym membership in town. Just make sure you pay your membership. We make sure you rack your weights. And we don't really have a dress code, per se. Just make sure you wear covered shoes. But we do have a uniform, which we encourage, which is a cotton tank top, preferably from any beach gift shop. Brown suit socks.

29:59Javier Fernández

You were afraid of our CFOs.

30:00 – 36:03Speaker 9

We call it the Fredo. And if you can't, If you can top it off with a smile ear to ear, that always helps. But really, I wanted to also recognize a couple trainers in the gym who really contributed to building that culture. One's a trainer by the name of Steve, who also teaches. He does a Parkinson's class for our community. And by the way, if you're a senior citizen, you're a resident, the gym membership is free as part of our Silver Sneakers program. We have another trainer as well named Rick, who I want to thank personally. and who could be the most influential lobbyist now in South Miami, because we have Quorum in the gym now. He's training the majority of the commission. But Rick has really just built an incredible culture in our gym, and I really want to recognize him for that. The last thing I want to say is what brought me here, again, is the election. But what really speaks or really will provide some context in terms to me referring to how much this city has changed is people know the story after I was taking care of my father full time. I still think about it every day. I dreamed about him last night. And as you know, he was all consuming, full of glasectomy, tracheotomy. after he passed within a year lost my last grandparent and my stepfather and I just wanted to get out of the country end up going to Colombia fell in love with with the people Broke my heart because you really you just you can't earn a living there, and I'm not talking about dollars You can't earn a living there and they're in their currency which is which is pesos, and I always say the greatest challenge in Colombia is in political corruption or narcos, it's lack of opportunity. So I did a little research and in the 100-year history of South Miami, I couldn't find any record of any sister city program in the history of the city. I happen to have a relationship with Marsha Montserrat, who is one of my best friend's sisters, who ran the sister city programs for the county. And I knew a lady who was very active in the marathon community, used to run all the sister city programs for Miami Beach. And they have a litany of sister cities. So I referred to them, and now mind you that Colombia is the U.S.'s number one ally in South and Central America, and Medellin has received more positive press about the best transformation story and other similarity than any other city in the world. And when I was able to secure this somehow, this tiny seat of South Miami, I was able to secure this sister city program that received recognition from... The Wall Street Journal, The New York Times, Time Magazine, Bloomberg, featured on 60 Minutes. The commission that I unfortunately served with voted against spending $85, $85 domestically with sister cities, international.org, just to register the program. Now, I bet how we register the program, this city would receive national recognition for just the second time in its history. I'm sure it would have been the sister city program of the year considering everything we did. Produced our only two scheduled presidential visits, produced the only sculpture garden estate, the only place solely devoted to our number one ally in South and Central America. We brought the biggest festival in Columbia to our city. And moving forward a little bit in COVID, it didn't end there. I have a friend, Columbia, from Canada, a very successful real estate company. And during COVID, he didn't want to let his staff go. So Columbia is a poor country, but not a food poor country. And the issue at the time, there were articles on the front page in both the New York Times and the Washington Post about, it was called the Red Garment Initiative. And if you needed food, you put a red garment outside your door, and hopefully someone would provide you with food. So my friend had this staff. He didn't want to let the staff go during COVID. So he started a charity and asked his investors' support. And he was able to feed families for $1.25 a week. And he had his staff. The issue was the transportation for the lower income neighborhoods. So during COVID, I asked my commission for $5,000 to support X amount of families for multiple weeks for $1.25 a week. And this was after we already received. Now we're in the seven figures. But at the time, hundreds of thousands of dollars in donated art. They voted that down. Now, this was at the time during COVID. So we were all on Zoom. I happened to be in the city manager's secretary's office. I used to refer to South Miami Square as much like today. I'm in the retirement outfit with my out of office hat. I used to dress up in costume and, again, refer to as South Miami Square. But as soon as they voted down, I turned off the camera and I started crying. And it just broke my heart. And the city manager and deputy city manager, Steve, Steve Alexander and Shari Kamali came out and they said, don't let them beat you. Come back in and get back in the meeting. We'll get the $5,000. I said, it's not about the money. I said, they are politically and morally bankrupt. How could they vote against feeding families? I said, this is our sister city. Vote against feeding families for a week for $1.25. So for those of you at home and those in the audience, to provide some context, I cried again because of the commission, this very commission, but in a much different way. I cried because I've never been prouder of this commission. Monday, there was an earthquake in Colombia. And Monday at about 6.30 PM, I received a call from our mayor asking me how the city of South Miami and the commission could provide earthquake relief. I was just so emotional and so appreciative, and I've never been prouder of this body.

36:03 – 36:18Javier Fernández

Kudos to my colleague, Commissioner Kaya, who's really championing that effort. So thanks to you and thanks to him for making us aware of the issue and contacts, putting us in contact with folks, and for taking the lead on marshalling aid from our side.

36:18 – 36:49Speaker 9

So I just wanted to thank all of you. And that should provide as much context as you provide between the current commission and previous commission. And the beauty of this is now we are more similar to Medellin. Now South Miami is the best transformation story in the county. So I love you all. I appreciate you. And congratulations on your re-election. And thanks for all the good work you're doing. Don't forget to tip the waiter.

36:49 – 39:22Javier Fernández

Thanks, Josh. I'll just piggyback on the comments very quickly. One, on the 7th when we got the news, I sent out a message which I just want to share with the public. We have a WhatsApp group. Nothing is discussed about city business. It's just kind of a way that the manager keeps us informed of BREAKING DEVELOPMENTS THAT HAPPEN IF THERE'S AN ARREST OR SOME OTHER ISSUE IN THE COMMUNITY. BUT I DID POST A NOTE WHICH I WANTED TO SHARE MOSTLY FOR THE BENEFIT OF STAFF SINCE MY COLLEAGUES HAVE SEEN IT AS HAS MOST OF THE LEADERSHIP. BUT IT'S A COUPLE OF HOURS AFTER WE HAD GOTTEN THE RESULTS AND HAD A CHANCE TO REFLECT AFTER GETTING WHAT WAS THE GOOD NEWS ABOUT BEING REELECTED UNOPPOSED. And I obviously wanted to write to congratulate both my colleagues, Steve Kaya and Commissioner Bonnich, on their re-elections, as well as thank Vice Mayor Corey and Commissioner Rodriguez for making service on this board very easy. Because it truly is a joy to work with all of you, because despite whatever minimal differences we have, what makes this work gratifying and easy is the fact that I'm working with really good people. And that's hard to find, I think, in public life across the board to a person on this commission. I ALSO WANTED TO SHARE WITH THE MANAGER, WHICH I DID, A THANK YOU TO HIM AND HIS LEADERSHIP TEAM FOR THEIR EXTRAORDINARY WORK OVER THE LAST THREE-PLUS YEARS. I CERTAINLY AM GRATEFUL TO HIM, BUT ALSO TO EVERY CITY, EVERY SINGLE CITY EMPLOYEE FOR THEIR EXTRAORDINARY CONTRIBUTIONS. WE'VE ASKED A LOT OF ALL OF THEM IN RECENT YEARS. AND WITHOUT FAIL, THEY'VE STEPPED UP ON EVERY OCCASION. AND THE RESULT, REALLY THE RESULT OF THE ELECTION AND THE FACT THAT WE'VE BEEN ELECTED AND OPPOSED IS REALLY A REFLECTION OF THE GOOD WORK THAT THEY'VE DONE IN MAKING US ALL LOOK Very good. So to them, I just wanted to say again, thank you to the employees, our management team, our officers, our contract providers, somebody contract providers like Mr. Alvarez here who really make us as a commission shine. We stand on all your shoulders. And I just wanted to say publicly again, my sincere thanks to all of you for your extraordinary contribution. And hopefully the best is yet to come. And in the words of a Columbus explorer, certainly adelante. So with that, let's get back on the regular order, if that's okay. Commissioner Liebman, thank you for coming. It's always a pleasure to see you at the gym, and thank you for encouraging a lot of us to take on this challenge here in South Miami and for really helping to kind of make this transition that we're all enjoying possible. With that, we'll close public remarks again. And Madam Clerk, I believe we have an add-on item to get back to regular order. If you could read that for the record.

39:22 – 39:50Speaker 13

Yes. A resolution of the Mayor and City Commission of the City of South Mid-Florida approving and authorizing the waiver of certain event-related fees and costs and amount not to exceed $1,042.92 pursuant to Section 15B-6 of the City Code for a special event known as the Nikki Folger Plate for its grand opening, presented by the Underlying Management Organization, Inc., and held on Saturday, August 15, 2026, at the City Hall parking lot.

39:51Javier Fernández

Thank you, Madam Clerk. Is there any objection to having this item added on to the agenda?

39:56Javier Fernández

Okay, seeing no objection, we'll consider it added on and we'll take it up in regular order with the other resolutions. Is there a motion with respect to the adoption of the minutes for June 9th and June 21st?

40:07Steve Calle

You need us to move the motion, Mayor?

40:08 – 40:19Javier Fernández

If you can. I'll move it. Second. We have a motion by Commissioner Kaye, a second by Vice Mayor Corey. Madam Clerk, can you call the roll on the adoption of the minutes for both dates?

40:19Speaker 13

Yes. Commissioner Kaye? Yes. Commissioner Rodriguez? Yes. Commissioner Bonnige? Yes. Vice Mayor Corey? Yes. Mayor Fernandez? Yes. Minutes past five. Show those items adopted.

40:29Javier Fernández

Mr. City Manager, your report, please. Madam Deputy, good evening.

40:38 – 41:28Speaker 19

Good evening The printer the printed managers report has several capital improvement projects throughout the city updates for public works and parks But I guess staying in line with the very congratulatory meeting that we've had tonight I want to congratulate chief Hatfield who not only serves as the city's police chief but continues to serve our nation in 2003 he received a direct commission and the US Navy Reserves and he currently serving with SEAL Team 17 and last week he was promoted to an 06 captain which I hear is a big deal so congratulations on behalf of the manager's office in the city chief and mayor I know you had a certificate of appreciation on tonight's agenda for a resident who wanted to acknowledge a couple of city staff Eddie Rivas and Patrick Pearson so I'll turn the floor to you if there's anything that you want to say

41:29 – 42:00Javier Fernández

No, I just wanted to acknowledge their extraordinary contribution to improving our existing public parks. You know, Christopher Yarbrough is very active and I think rightfully demanding, right? Trying to raise the standard here in the quality of our parks. We're grateful to him for his tremendous volunteer contribution, but we also wanted to acknowledge the two staff that kind of get dispatched to help him make his very compelling visions a reality in a lot of our parks. So thank you to both of them for their extraordinary contributions.

42:02Speaker 19

I'll wrap up the manager's report there now that we're all sappy and loving. Any questions of the manager?

42:09Javier Fernández

Any questions? Okay. Thank you, Madam Manager. We appreciate you. We'll move on to Mr. City Attorney. Your report, please.

42:17Speaker 5

I have no report this evening, Mayor.

42:18Javier Fernández

Thank you. Okay, moving on. Yes, you have a question, sir?

42:21Steve Calle

Yeah, for the city attorney and just for the public. Can you give us a status on the city hall? Are we expecting that somewhere in September?

42:29 – 42:46Speaker 5

Yeah, we're looking to have it before you on September 8th. It's three documents that are pretty lengthy. There's a master development agreement, a construction management agreement, that's for the civic uses, and a ground lease, a form of ground lease. Great, thank you.

42:48Javier Fernández

Okay. Further questions? Okay. Moving on then. Madam Clerk, if you can read items N1 and M2, please.

42:54 – 43:14Speaker 13

Yes. Manuel Chica has been appointed by Mayor Fernandez to the Planning Board as per City Charter Article 2, Section 8A, for a two-year term ending August 18, 2028. Joseph Corversion has been reappointed by Commissioner Callie to the Planning Board as per City Charter Article 2, Section 8A, for a two-year term ending August 18, 2028. Great.

43:14Javier Fernández

Those do not require any board action, correct? No. Thank you.

43:20Lisa Bonich

I just want to say, you beat me to it.

43:25Javier Fernández

I had asked him before.

43:28Lisa Bonich

That's all I hear. All I hear is the Mexican hat dance in my head right now.

43:31Javier Fernández

Well, I'm glad we agree on the quality of the cane.

43:33 – 43:51Lisa Bonich

He's amazing. For my husband to say somebody is amazing in charter review, like, I'm sorry, but that doesn't sound like fun. I'm sorry it doesn't sound like fun at all. So, to be amazing in charter review, I can... I ONLY HOPE HE BRINGS THAT AND MUCH MORE TO THE PLANNING BOARD. AND, YEAH, YOU HAD HIM IN MIND.

43:51Javier Fernández

WELL, TELL THE FIRST GENTLEMEN I SAY THANK YOU FOR COMPLIMENTING MY EXTRAORDINARY TASTE IN BOARD MEMBERS.

43:56Lisa Bonich

YEAH, THERE YOU GO. OR HIS EXTRAORDINARY ACCOMPLISHMENTS IN THE CHARTER REVIEW.

44:02 – 44:18Javier Fernández

COLLEAGUES, ARE THERE ANY CONSENSUGENT ITEMS WE WANT TO DISCUSS? ITEMS ONE THROUGH FIVE ON THE AGENDA? We've got the, again, the policy on the manager. We've got the renewal of our health insurance, long-term disability. Yes, sir.

44:18 – 44:33Steve Calle

Can I take a step back to the appointment real quick? I just had a question. I know we had some issue with quorum a few weeks ago, Mr. Attorney. What board? Planning board. Planning board. Do we know how many seats are available right now?

44:33Steve Calle

Just one, okay.

44:34Speaker 13

And that's Commissioner Bonita. Okay.

44:35Steve Calle

Apparently I stole her point.

44:36Speaker 13

Because Javi stole him.

44:40 – 45:01Javier Fernández

Okay, so back to CA. We've got, again, the renewal of our insurance, health insurance, disability insurance, FDOT maintenance contract for their very generous contribution to the city for maintaining the right-of-ways, and then, again, the grant for bicycle safety. Any questions? Okay, if not, Madam Clerk, can you read items one through five, please?

45:01 – 46:37Speaker 13

Yes. A resolution of the Mayor and City Commission of the City of Southland and Florida authorizing a city manager or in a city manager's absence or disability, the acting city manager appointed pursuant to the city charter to execute all documents necessary to apply for, receive, administer, amend, and close out grants, cooperative agreements, donations to the city, and other external funding opportunities. Item 2, a resolution of the Mayor's City Commission of the City of Southern Florida authorizing the City Manager to renew health insurance coverage with Curator Insurance Company for eligible employees and participating retirees for fiscal year 2026-2027 in an approximate premium amount of $1,409,000. Item 3, a resolution of the Mayor and City Commission of the City of Southern Florida authorizing the City Manager to renew long-term disability insurance with mutual of Omaha for eligible employees for fiscal year 2026-2027, an approximate premium amount of $34,229. Item 4, a resolution of the Mayor and City Commission of the City of South Carolina, Florida, approving the Department Funding Agreement with the Florida Department of Transportation, FDOT, relating to turf and landscape maintenance services on State Road 5, US 1, from Southwest 80th Street to Southwest 57th Avenue. Item 5, a resolution of the Mayor and City Commission of the City of South Carolina, Florida, approving a letter of agreement and contract with University of North Florida Training and Services Institute, Inc., DBA, Institute of Police Technology and Management, IPTM, and amount not to exceed $5,000 relating to the pedestrian and bicycle safety, high visibility education and enforcement campaign.

46:40Javier Fernández

Thank you, Madam Clerk. Colleagues, I get a motion to adopt items 1, 2, 3, 4, and 5. I'll move the motion.

46:45Javier Fernández

I have a motion by Commissioner Rodriguez, a second by Commissioner Bonich. And clerk, you can call the roll on the resolution.

46:52Speaker 13

Yes. Commissioner Bonnish? Yes. Commissioner Rodriguez? Yes. Commissioner Kaye? Yes. Vice Mayor Corey? Yes. Mayor Fernandez? Yes. Consent agenda passed 5-0. Thank you.

47:01Javier Fernández

If you can read item 6, please.

47:02 – 47:27Speaker 13

Item 6, a resolution of the Mayor and City Commission of the City of South London, Florida, approving the City's election to participate in execution of the First Amendment to the Urban Qualification Corporation Agreement for the Miami-Dade County Community Development Block Grant, CDBG, and Home Investment Partnerships Program funds for fiscal years 2027, 2028, and 2029, authorizing the City Manager to execute the First Amendment.

47:29 – 47:45Javier Fernández

Thank you, Madam Clerk. Colleagues, any questions regarding item six? Is there a motion to adopt item six? I move the motion. Is there a second? Second. A motion by Vice Mayor Corey, a second by Commissioner Kaye. Madam Clerk, if you can read the roll on item six, please.

47:45Speaker 13

Yes. Commissioner Kaye. Yes. Commissioner Rodriguez. Yes. Commissioner Bonish. Yes. Vice Mayor Corey. Yes. Mayor Fernandez. Yes.

47:53Speaker 13

Item passes 5-0.

47:54Javier Fernández

Thank you. If you can read item 7, please.

47:56 – 48:15Speaker 13

Item 7, a resolution of the Mayor's City Commission of the City of South Landford approving or denying an application for a tentative plot pursuant to section 20-4.2 of the Land Development Code seeking to repack the entire city block located on the west side of Southwest 62nd Avenue between Southwest 68th Street and Southwest 69th Street.

48:17Javier Fernández

Thank you, Madam Clerk. We have a presentation by staff. Mr. Alvarez, good evening.

48:27Speaker 5

Mayor, may I read the quasi-judicial statement?

48:30Javier Fernández

Please, if you may.

48:31Speaker 5

Thank you. Thank you.

48:32Javier Fernández

This is a public hearing item, correct?

48:33 – 49:59Speaker 5

This is a public hearing. That's right. Yes. This item seven on tonight's agenda is quasi-judicial in nature. Madam Clerk has read the title of the resolution. The public hearing that follows will include presentations by staff and the applicant and any public comment. Commission may ask any questions either before or after public comment is closed. Following public comment, the commission may deliberate on the item. The quasi-judicial procedures require the commission to consider the evidence presented to it. And base your decision on the applicable law and primarily on the evidence presented, whether by the applicant staff or members of the public. Staff report and the resolution provide the applicable law. In this case, it's section 20-4.2 of the Land Development Code. It deals with subdivisions. The evidence considered must be substantial competent evidence, that's testimony or other evidence based on personal observation or relevant expert testimony that a reasonable mind would accept as adequate to support a conclusion. Anyone who seeks to speak on an item should be given an opportunity to speak during the public comment portion. If you intend to provide testimony as to the application considered, you should be sworn in. Please know if you do speak, you may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be considered in that context and given its due weight. The general public is not permitted to cross-examine witnesses, but the public may request the Commission to direct questions on their behalf to either staff or the applicant. If anyone is going to speak on this item, please stand at this time and raise your right hand. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? I do. Thank you. Madam Clerk, can you confirm that the notice requirements have been complied with?

50:00Speaker 5

And Mayor, Vice Mayor, Commissioners, have any of you had any ex parte communications with the applicant or with any member of the public on this item?

50:08Javier Fernández

No. I have had discussions regarding the calendar of the item since there was a delay, I believe, previously. That's all. Got it.

50:16Speaker 5

No, I have not. No. Great. Thank you.

50:20Javier Fernández

Before we begin, is there anyone in the audience that's here to speak on this item, just so we can figure out how we want to portion time? Or Madam Clerk, is there anyone online?

50:29Speaker 13

Anyone else, please raise your virtual hand.

50:31Javier Fernández

Whether they have a question or public comment about it, I just want to just take.

50:34Speaker 13

Oh, yes. We do?

50:35Javier Fernández

Yeah. Okay. Great. So let's start with a brief presentation from Mr. Alvarez, and then we will hear from the applicant and then open up for public hearing.

50:49 – 53:38Speaker 14

Good evening, Mark Alvarez with the Cordino Group on behalf of the City of South Miami Planning and Development staff. This is a tentative flat for the Med Square large-scale special exception. It's a fairly perfunctory item, but I'll give you the background a little bit and go through the criteria. This was approved back in October. 2025, this is the Med Square application. It's a six-story office building, and behind it are townhouses, two-story townhouses. The entire block was approved, so these are actually already approved under the large-scale special exception. As you know the tsdd on all the perimeter areas of the downtown has a requirement that townhouse the rear 75 feet are developed as townhouses and this is what was proposed as a matter of Following through the process of this the townhouses which are a little hard to see but they are on the top of the slide It was presented as eight townhouses when it was presented as a large-scale special exception. Those are the eight townhouses and Now, at this point, since those are not going to be part of the con, they're not going to be condominium ownership. They will be fee simple properties. They have to be replatted into eight parcels. And the eight parcels follow the eight townhomes. So I can go backwards just for a second. There is a shared wall between the four buildings, and that creates the eight townhomes. And then, of course, there is a boundary line. You sort of see the fence between two and three and four and five and six and seven. So the property is being divided. It is being platted. The T plat is something that's part of the process. The T plat will then go to the county. The county will take it to its plats committee, and we'll review it, and then we'll send it back here for the final plat. THE LANDSCAPING PLAN HAS ALSO BEEN REVIEWED WITH THIS AND WE HAVE NOTED THE LANDSCAPING TREE MITIGATION PLAN. WE HAVE WORKED WITH THE APPLICANTS AS WELL. These are the criteria. We've checked through all the criteria. We have found that it complies with all the criteria in our code. And we have also listed some conditions on the approval. The conditions basically follow the criteria on the code. There was one there that may cause a question. When this was originally, the T-plot was originally brought in, staff noted that there were three trees that were on the site plan that were not on the tree list. It's a very small technical issue. It has been solved, has been resolved. And we do have a correct sheet on file. So, and that is it. We recommend to approve it.

53:38 – 53:51Javier Fernández

Okay. Colleagues, any questions of staff on the item? Okay, so bottom line, we're approving a replot with a tract A. any townhome tracks on the west side of the property, correct? Correct. Just clarifying for the public. Okay.

53:51Speaker 14

And it will come back to the commission for final.

53:53Javier Fernández

Okay. Thank you. Any presentation from the applicant? Or you want to just stand on the staff recommendation? Okay. Just name and address for the record then.

54:03 – 54:18Speaker 1

Yes, we agree with all of Mark's wonderful presentation and any conditions that were proposed here today. As Mark mentioned, we did update the tree list, so that now should be reflected in the file.

54:18Javier Fernández

And the conditions are acceptable today?

54:19Speaker 1

The conditions are acceptable, yes.

54:20 – 54:32Javier Fernández

Thank you. Okay, let's open up the public hearing. Anyone in the chamber who would like to address this commission in public remarks is welcome. If not, there's anyone online. I see Ms. Landau, and you are recognized, ma'am.

54:34 – 55:12Speaker 7

Thank you. Yes, and I didn't get to swear, but I swear to what the request was about that. 6926 Southwest 62nd Court. So I'm just not quite understanding each of these eight plots are going to be built separately and be sold and then built however people want to build them. Is that going to be eight more constructions happening on top of the other that are happening so it's not I'm trying to understand that.

55:12Javier Fernández

Let me take that first question. And if you have another one, we'll acknowledge you again. But let the city attorney address that first question. So Mr. Ress, you're recognized.

55:20 – 55:41Speaker 5

Sure. So this was approved as part of one entire development. And they are eight matched townhomes. They're all of a consistent style. They all have the same architectural vernacular. And they will all be built at the same time. and they will just be sold separately.

55:41 – 56:27Javier Fernández

Okay, but Sundown, did you hear that? The idea of the broader idea was also to have townhomes at the rear, so we had to transition back to the single-family neighborhood. That's right. So they were not looking at a six-story building. They were looking at something of equivalent scale. That's how the zoning was designed, and so the project has been executed with that kind of approach in mind. So are there any further questions you would like us to address for you? You're certainly welcome. If you have concerns, I know you mentioned some concerns about construction. Let's get through your hand again. You're recognized, member. You're free to speak freely. If you'll unmute yourself. Sundown, if you'll unmute yourself.

56:29 – 56:53Speaker 7

Thank you. I was having trouble unmuting. So yes, thank you for that clarification. That's very helpful. So the change is instead of it getting sold all as one, they're each going to get sold individually? That's the change that we're talking about?

56:54 – 57:13Speaker 5

That's what this enables. This is part of the same process. The properties have to be replanted from time to time when you're going to subdivide them into separate lots. And the purpose of this is to implement the development approval in a way that would allow them to sell these as individual lots.

57:14 – 57:35Speaker 7

Right. And this is probably not part of this, but I know that there's a similar thing happening in the block to the right, next to that, right across the street from my parents' house. And I don't know if we're going to be requesting that same thing for those... To the north or to the south, ma'am? Towards City Hall.

57:35Javier Fernández

Towards City Hall to the south.

57:36Speaker 5

I think she's talking about the estate company.

57:39Javier Fernández

Okay, so next to the six-story building? That's correct.

57:43Speaker 7

And they also have a strong...

57:47Speaker 5

They're not re-planning. Theirs is a different plan.

57:49 – 58:06Javier Fernández

Yeah, they have a different plan. If you'd like, Ms. Landau, my cell phone's on the city's website. If you'd like to text or call me, I'm happy to get you the plan for that site, and we can talk through any concerns you have regarding coordination so we don't impact your parents' home. That would be incredible. Okay.

58:07Speaker 7

Yeah, thank you. And that's all I need for now, but I really appreciate that. It's on the website, and thank you very much.

58:14 – 58:29Javier Fernández

Thank you for joining us. We appreciate your questions. Okay. Is there anyone else in public remarks who would like to address, or public hearing who would like to address this commission? Seeing no one in the chamber and no one else online, we'll close the public hearing. Colleagues, any questions of either staff or the applicant?

58:31Javier Fernández

Okay. Is there a motion to adopt with the conditions as recommended by staff?

58:36Daniel Rodriguez

I'll move the motion.

58:37Javier Fernández

Is there a second? I'll second. A motion by Commissioner Rodriguez and a second by Commissioner Bonich. Madam Clerk, with that, could you call the roll, please?

58:44Speaker 13

Yes. Commissioner Rodriguez? Yes. Commissioner Bonich? Yes. Commissioner Kaye? Yes. Vice Mayor Corey? Yes. Mayor Fernandez? Yes. Item passed. Thank you. Thank you.

58:52Javier Fernández

Have a good evening. OK, if you read item A, please. Item A. Actually, before we do that, let's read the add-on since it's a regular resolution before I forget it.

59:00 – 59:26Speaker 13

Yes. A resolution of the Mayor and City Commission of the City of Southern Florida approving and authorizing the waiver of certain event-related fees and costs that amount not to exceed $1,042.92 pursuant to section 15B-6 of the city's code for a special event known as the NICU exposure for its grand opening presented by the Underlying Management Organization and held on Saturday, August 15, 2026 at City Hall parking lot.

59:27Javier Fernández

Thank you, Madam Clerk. Mr. Manager, given this is an add-on, do you want to give us a very quick overview on the request?

59:32 – 1:00:13Speaker 10

Thank you, Mr. Mayor. Mayor, commissioners, Given when the entity contacted us for this specific event, there was no commission meeting to be able to bring something like this forward. So given the fact that there's a waiver of $1,042.92, this had to be brought before you. It's a retroactive approval for this event that happened this weekend for purposes of waiving the fees outlined in the memo. And again, the timing of them coming forward was already after our previous commission meeting. So that's why it's a retroactive approval.

1:00:13Javier Fernández

Thank you, sir. It was a very nice event, very well executed. And kudos to staff on pulling that together last minute. Colleagues, any questions?

1:00:23Javier Fernández

Okay, we're all good? Okay, is there a motion to adopt the add-on item? And approve the waiver?

1:00:31Brian Corey

I move to adopt.

1:00:33Javier Fernández

Okay, we have a motion by Vice Mayor Corey, a second by Commissioner Kaye. Madam Clerk, please call the roll.

1:00:37Speaker 13

Yes, Commissioner Kaye. Yes. Commissioner Rodriguez. Yes. Commissioner Moniz. Yes. Vice Mayor Corey. Yes. Mayor Fernandez. Yes. Item passes 5-0. Thank you.

1:00:47Javier Fernández

If you can read Item 8, please.

1:00:48 – 1:01:09Speaker 13

Item 8, an ordinance of the Mayor's City Commission of the City of South New Florida establishing general obligation bond debt service fund 202 and general obligation bond capital projects fund 302, amending the city's fiscal year 2025-2026 budget to provide for appropriation and reappropriation of funds associated with the city's general obligation bond program.

1:01:10Javier Fernández

Thank you, Madam Clerk. This is the second reading item. Mr. Maynard, do you want to give another quick overview? Mr. Riverall, I guess it's your item.

1:01:24 – 1:01:56Speaker 4

Good evening, Mayor, Vice Mayor, Commissioner. This item is just revising or amending the current fiscal year 26 budget to incorporate Fund 302 for CIP for GOB specific projects and 202 debt service for GOB specific projects. The intention of this is to establish two funds that would only track GOB funding, making it easier and transparent for future finance directors and commissions to be able to understand where the finances went or what was paid for. Thank you.

1:01:56 – 1:02:16Javier Fernández

Colleagues, any questions? No questions. None? Okay. This is a public hearing item. If there's any member of the public who'd like to address this commission on item eight, please come forward at this time. If there's anyone online, you have the same right. Okay. Seeing no one in the chamber and no one online, we'll close the public hearing. Is there a motion to adopt item eight?

1:02:18Daniel Rodriguez

I'll move the motion.

1:02:19Javier Fernández

Is there a second? I'll second. A motion by Commissioner Rodriguez, a second by Commissioner Bonich. Madam Clerk, please call the roll.

1:02:24 – 1:02:35Speaker 13

Yes, Commissioner Bonich. Yes. Commission Rodriguez? Yes. Commission Kaye? Yes. Vice Mayor Corey? Yes. Mayor Fernandez? Yes. Item passes 5-0.

1:02:35Javier Fernández

If you could read item 9, please.

1:02:37 – 1:03:17Speaker 13

Item 9, an ordinance of the Mayor and City Commissioner of the City of South Atlanta, Florida, amending Chapter 11, Garbage and Trash of the Code of Ordinances, including modifying service parameters for municipal garbage collection services and private franchise haul of garbage services for multifamily residential properties, providing an exception to grandfather historic City services for certain multifamily properties between 21 and 50 units having received exclusive city services certificate of occupancy. Referencing the Public Works Department solid waste expansion analysis report providing for one year transition period for multifamily residential properties affected by the modification to alter their garbage collection services.

1:03:19Javier Fernández

Thank you, Madam Clerk. Mr. Rusty, do you want to briefly summarize the effect of the change?

1:03:24 – 1:04:13Speaker 5

Sure, sure. This commission had adopted changes to clarify the garbage collection service rules. And at that hearing, you all heard from a couple of properties that were historically served by the city since really their construction. AND WE WERE TASKED WITH TRYING TO FIND A WAY TO DO IT WITH A RATIONAL BASIS. I HAD SOME CONCERNS AFTER SPEAKING AT LENGTH WITH with Ms. Arango and our litigators in the office, we determined that there is a sufficient rational basis so long as we tie it to the year of initial service and differentiate these two properties from other properties because of that historical service. We think that's a sufficient rational basis.

1:04:13 – 1:04:39Javier Fernández

Thank you. Any questions, colleagues? OK. Seeing no questions, we'll open this up for public hearing. If there's any member of the public who'd like to address this commission on item nine, again, which is a modification to our garbage collection services policy, please come forward at this time. If there's anyone online, you have the same right. Seeing no one online and no one in the chamber, we'll close the public hearing. Colleagues, is there a motion to adopt item nine?

1:04:39Steve Calle

Move the motion.

1:04:40Javier Fernández

Is there a second? Second. A motion by Commissioner Kaya, second by Vice Mayor Corey. Madam Clerk, please call the roll.

1:04:46Speaker 13

Yes. Commissioner Kaya? Yes. Commissioner Rodriguez? Yes. Commissioner Bonish? Yes. Vice Mayor Corey? Yes. Mayor Fernandez? Yes. Item passed 5-0.

1:04:53Javier Fernández

You can read item 10, please.

1:04:55 – 1:05:18Speaker 13

Item 10, an ordinance of the Mayor and City Commission of the City of South New Florida amending Article 3 zoning regulations Section 20-3.3, permitted use schedule, and 20-3.4, special use conditions of the land development code to provide for a physical fitness facility as a special use in general retail district and to amend hours of operation conditions based on applications submitted by Kim Cole, South Miami 634.

1:05:21Javier Fernández

Thank you, Madam Clerk. Mr. Alvarez, this is yours. You're recognized, sir.

1:05:32 – 1:09:31Speaker 14

Good evening again, Mark Alvarez with the Cardino Group on behalf of the City of South Miami planning staff. I have a short presentation on this. Again, very short, just mostly to look at the maps. This is an application for code text amendment. It is general in nature. However, it has been sponsored by a private Party, which is Kimco South Miami 634 incorporated And they are sponsoring this on behalf of a potential tenant What is being changed here is a small change to the commercial uses categories, particularly to the physical fitness facility. And this is just an excerpt from the long table. The blue S is what's being put in here under GR. So this would allow physical fitness facilities as a special use in the general retail category. Again, a special use is not permitted as a right. It would have to come before you before it gets approved. I also note that the personal skills instruction studio, which is a very similar use, is already on the list. It's already permitted. And there's a lot of similarities between these. The main difference being that a personal skills instruction studio would be something where it's more one-on-one and there's a personal trainer working with a person. The differences are very subtle. The other part that's being changed here is that the physical fitness facility as well as personal skills instruction studio, both those uses have four asterisks next to them on that table. And those asterisks say that those facilities have to have additional safeguards on them that in addition to nothing occurs outside, which is already part of the GR rules. that they would have hours of operation that are limited, as well as that they would be subject to certain noise standards, the standards being noise generated to the outside of the building. These are proposed to be changed, that the hours would be limited to 5 AM to 11 PM. I'll skip ahead a little on my presentation. The reason that this application is before you with this part of it being changed is because Kimco 634 Inc. has a tenant that is interested in having physical fitness facilities that are focused to the clientele of hospital workers. And hospital workers work from 7 AM to 7 PM. So for them to go before their shift, they would need to go at 5. or after 7 p.m. So that's why that change is there. All of the conditions regarding noise, regarding noises emanating to the outside of the building, would remain in place. And they're fairly rigorous conditions. A little bit of the the Let me see. Yeah, and there's also under the special use conditions the exact same conditions are required there are limitations on the On the time of day of operation It also has more more again emphasis on that the activities don't cause any sound emanation from outside of the building And all activities occur on the ground floor, which was added into that as well. We're leaving all that. The staff opinion on this is that it should remain a special use, particularly because of the instance where, in certain cases, a physical fitness facility may have activities that occur outside. That's the issue with why this code reads this way. We actually think it's already protected because GR requires all activities, all sales, all everything to be indoors of the building, but this is still extra protections that we feel can be left into there and will be part of the special use. Please.

1:09:32 – 1:09:45Javier Fernández

Just to spark briefly again, the designation for the one facility that we had on 62nd Avenue is neighborhood retail? Is that the difference? Yeah, it was a different category. That allowed activity outside, or they were just violating? That did not.

1:09:45Speaker 5

They were just violating.

1:09:45Javier Fernández

Okay, that's fine. Correct.

1:09:48Speaker 14

And that was not GR and this is not changing that zoning district, so it would still be the same condition.

1:09:55Javier Fernández

And again to clarify, they still have to apply for a special use? Correct. So, okay. So we can describe particular conditions if there are any belts and suspenders we want in the context of that application.

1:10:06Speaker 14

Colleagues, are we good with this presentation?

1:10:08Javier Fernández

Do we need, do we have any questions? Yes, we recognize.

1:10:12Daniel Rodriguez

Is there a noise restriction on them? I'm sorry? Is there a noise restriction on them? There is. Yes. Yeah?

1:10:17Speaker 14

Yeah. It's essentially that no sounds emanated outside of the building would be heard at the boundary of the property.

1:10:28Javier Fernández

At all operating hours, yes. OK.

1:10:31Speaker 14

emanating from the use specifically.

1:10:35Daniel Rodriguez

Yeah. Okay. Thank you.

1:10:37Speaker 14

And that's just a map of where GR occurs. It's the red and also, of course, along South Dixie Highway.

1:10:43 – 1:10:55Javier Fernández

Okay. Colleagues, any questions of Mr. Alvarez? Okay. Well, this is a public hearing item, if I'm not mistaken. So let's open to the public hearing on item 10. Sorry. No, this is not. It's a first reading. My apologies.

1:10:56Speaker 13

It is a public hearing.

1:10:58Speaker 5

Because it changed the list of uses.

1:10:59 – 1:11:10Javier Fernández

Okay, thank you. So this is a public hearing item. Checked the box too early. If there's any member of the public in the chamber who would like to address this commission on item 10, please come forward at this time. Is there anyone online, Madam Clerk?

1:11:10Speaker 13

No one's online.

1:11:11 – 1:11:24Javier Fernández

Seeing no one online and no one in the chamber, we will close the public hearing. Colleagues, any final questions or comments? Okay, is there a motion to adopt item 10 as presented? Don't all jump in at the same time.

1:11:24Steve Calle

Yes, sir. I'll move it.

1:11:25Javier Fernández

You move, is there a second? I'll second it. Okay, I have a motion by Commissioner Kaye, a second by Vice Mayor Corey. Madam Clerk, please call the roll.

1:11:34Speaker 13

Yes, Commissioner Kaye? Yes. Commissioner Rodriguez? Yes. Commissioner Moniz? No. Vice Mayor Corey?

1:11:41Speaker 13

Mayor Fernandez? Yes. Pass this first reading forward. Thank you.

1:11:45Javier Fernández

Okay. Let's read item 11, please.

1:11:48 – 1:12:04Speaker 13

Item 11, an ordinance of the Mayor and City Commission of the City of South New Florida amending Article 4, other regulations, Article 5, procedures and applications, and Article 12, downtown, so many district regulations of the Land Development Code to reorganize and amend notice requirements for public hearings.

1:12:08Javier Fernández

Mr. City Attorney, if you could please give us a quick overview of the changes.

1:12:11 – 1:13:03Speaker 5

Absolutely. Mayor, this ordinance basically does one main thing, which is it shifts the responsibility for noticing from the city's administrative burden to the applicant's administrative burden. And the applicant will provide proof of mailing. They'll be sending mailers out certified, so there will be proof that it was mailed. As far as the posting, they will post the property with city-approved poster announcing to the public that there's an application when the public hearing is, and they will provide an affidavit and a picture to support that. But essentially, it is shifting the responsibility, the work, the administrative burden to the applicant with staff really being freed up to do other work.

1:13:05Javier Fernández

Okay, questions, colleagues? Yes, sir, you're recognized.

1:13:08 – 1:13:31Steve Calle

The only question I had was in terms of enforcement. You know, I think I spoke to the city manager on this. We moved the burden over to the constructor developer. How do we make sure that they are complying? How do we make sure the boxes are ticked? What is the consequences of them not doing?

1:13:31Javier Fernández

What's the consequence of a defect in their execution of the compliance of the notice provision?

1:13:37Speaker 5

If notice is defective, they cannot be heard on the date that they said that they would be heard.

1:13:41Javier Fernández

What if they are mistakenly heard and no member of the public shows?

1:13:46Speaker 5

Is the order defective?

1:13:49Javier Fernández

Someone challenged it after the fact.

1:13:51Speaker 5

Is it potentially void? It can be challenged after the fact.

1:13:54Javier Fernández

It could be void or voidable.

1:13:55Speaker 5

Yes, voidable.

1:13:58 – 1:14:12Javier Fernández

So that means that if a third party proves that they're an affidavit was improperly presented, they take a big risk if they do not do it correctly. They risk their, they risk the entitlements that were approved.

1:14:12 – 1:14:31Steve Calle

Mayor, the question was more of operations like process oriented internally on how we're going about doing that. I mean, I know the answer. I just wanted to make sure that we all understood how efficient it's going to be. I mean, you could just give a quick update on how the checklist goes off, like the process, and to make sure it's checked off.

1:14:32 – 1:14:54Speaker 22

So Marcus always checks that the noticing is done. Even when he's the one that does it, you have to verify that it was done. So we will have a photograph of the posting that's time stamped by the applicant. And for mail outs, the US Postal Service has a mass mail out standard form for verification of mass mail outs. So we would require that the applicant provide that to the city.

1:14:56 – 1:15:09Javier Fernández

Thank you for the question. Further questions? Okay. This is not a public hearing item, so if everyone's satisfied with the item as presented, is there a motion to adopt it? I'll move it. Is there a second?

1:15:11Javier Fernández

We have a motion by Commissioner Kaye, a second by Commissioner Bonich. Madam Clerk, if you can call the roll on first reading.

1:15:17Speaker 13

Yes. Commissioner Kaye? Yes. Commissioner Rodriguez? Yes. Commissioner Bonich? Yes. Vice Mayor Corey? Yes. Mayor Fernandez? Yes. And I'll pass first reading 5-0.

1:15:27Javier Fernández

If you read item 12, please.

1:15:28 – 1:16:06Speaker 13

Item 12, an ordinance of the Mayor and City Commission of the City of Southland, Florida repealing sections 15-24, 15-25, 15-26, 15-27, and 15-27.1 to comply with section 790.33 Florida statutes which preempts local regulation of firearms and ammunition. including their purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof. Amending sections 2-44, 14-5, 14-9, 15-15, and 15-18 to delete references to firearms. Thank you, Madam Clerk.

1:16:06Javier Fernández

Mr. Attorney, you're recognized to explain the item.

1:16:11 – 1:17:13Speaker 5

Thank you. Thank you, Mayor. We received a notification from an entity called Florida Carry advising us of some concerns regarding our ordinances. We realized that there were some ordinances that were adopted, some back in the 50s, some in the 70s, some in the early 80s. that were still on the books that have been declared null and void by action of state law. Specifically, Section 790.33 prohibits a city from enacting or enforcing any of these ordinances. It also declares these older ordinances dealing with Dealing with concealed weapons and similar firearms restrictions and the selling of certain firearms and ammunition. The city is prohibited from enforcing in that arena. Unfortunately, the legislature didn't stop there. They went a little bit further. As they always do.

1:17:14Javier Fernández

On this issue in particular?

1:17:16 – 1:17:49Speaker 5

They have a very robust enforcement mechanism, which enables actors, lawyers who want to take advantage of the situation. And it enables them to get attorney fees in many, many instances, more so than perhaps it should. And in order to avoid that in abundance of caution, WE'VE PRESENTED BEFORE YOU A REPEAL OF CERTAIN ORDINANCES AND AN AMENDMENT OF OTHER ORDINANCES TO AVOID THE STATE STATUTE.

1:17:50Javier Fernández

JUST FOR CLARIFICATION, THEIR ONLY OFFENSE IS THEIR PRESENCE?

1:17:54Speaker 5

CORRECT. THAT IS CORRECT. CHIEF HATFIELD CONFIRMED THEY ARE NOT BEING ENFORCED. THEY HAVE NOT BEEN ENFORCED. THAT IS CORRECT.

1:18:01Javier Fernández

Colleagues, any further questions? Yes, sir, you're recognized.

1:18:04 – 1:18:28Daniel Rodriguez

City attorney. Yes. I went through that document that we got emailed. So in one of the instances is that for the sale of a firearm, they had to register it with the police before that firearm was sold. Now that means they don't have to do that anymore? That's correct. That's regulated by the state. And there's no, all weapons are available to be sold. Yeah, this is- Even in a market.

1:18:31 – 1:18:43Speaker 5

So the state regulates the sale of firearms, and there are certain weapons, firearms that are not able to be sold in Florida, but whatever the state does not prohibit is fair game.

1:18:44Daniel Rodriguez

And it could be out in the open, so...

1:18:47 – 1:18:58Speaker 5

There are, yeah, there's open carry regulations. There's concealed weapons regulations. Chief Hasfield could better speak on what the regulations are at the state level.

1:18:58Javier Fernández

You can't prohibit the sale of firearms at a public forum or a public building if it's open to the general public.

1:19:04Speaker 5

And we had certain emergency ordinances that enabled us to vary.

1:19:08Javier Fernández

Really interesting.

1:19:10 – 1:19:43Speaker 5

We had emergency ordinances where we were able to, especially in those situations where we were able to restrict CERTAIN SALES, SALES TO MINORS, SALES TO OTHERS, DURING THOSE PERIODS, THIS STATE HAS WEIGHED IN ON THIS AND THEY HAVE ASKED THE CITIES TO, NOT ASKED, THEY'VE TOLD THE CITIES TO STAY OUT OF THESE AREAS. SO THOSE EMERGENCY ORDINANCES WE ARE AMENDING SO THAT WE RETAIN ALL OF OUR OTHER EMERGENCY POWERS. BUT AS TO THE FIREARMS, we're going to have to stay out of that. Firearms and concealed weapons. May I have one more question?

1:19:43 – 1:19:59Daniel Rodriguez

You're recognized. Chief, sorry. In our city specifically, do we find this to be an issue, or is it commonplace for sales like this to happen in our city? No, sir. Okay. Thank you.

1:20:03Brian Corey

Would this preclude us from any type of enforcement that is legal or any type of prevention that is legal?

1:20:12Speaker 5

Our police department is allowed to enforce state law, and they do. They would enforce state law. It's just we cannot have our own laws that are different from the state's laws.

1:20:23Speaker 5

Yes, correct.

1:20:25 – 1:20:36Brian Corey

Other questions? Sorry, last one. Would that also preclude us from doing anything like gun buybacks or any type of thing to potentially? Gun buybacks we can do. Gun buybacks we can do.

1:20:36Speaker 5

OK. If that's something. That's not a regulation, so absolutely. OK. Yeah.

1:20:41Javier Fernández

You're recognized.

1:20:44 – 1:20:55Lisa Bonich

Thank you. So in essence, what we're doing here is complying in most part, from what I understand, just essentially cleaning up the books. Because it's not something we're seeing, facing, I mean.

1:20:56Lisa Bonich

Correct. So it's literally just paper right now.

1:21:01Speaker 5

Correct. We are cleaning up the books so that we only, so it's very clear we only enforce state law.

1:21:07Javier Fernández

OK. OK. Further questions? Is there a motion?

1:21:17Javier Fernández

Okay. Is there a second?

1:21:21Javier Fernández

You'll second it? Second, sir. Okay. We have a motion by Commissioner Moniz, a second by Commissioner Kaye. Madam Clerk, please call the roll.

1:21:27 – 1:21:38Speaker 13

Yes. Commissioner Moniz? Yes. Commissioner Rodriguez? Yes. Commissioner Kaye? Yes. Vice Mayor Corey? Yes. Mayor Fernandez? No. I didn't pass for speaking for one.

1:21:38Javier Fernández

Please read item 13.

1:21:40 – 1:21:52Speaker 13

Item 13, an ordinance of the Mayor and City Commission of the City of Southern Florida amending sections 2-14 and 15-102.13 of the City Code to provide for maintenance of trees in a right-of-way.

1:21:53Javier Fernández

Thank you. Mr. Munoz, I think you're carrying the water on this item, so you're recognized.

1:22:04 – 1:22:42Speaker 18

Yes, Alex Munoz, Director, Public Works. I am carrying the water as well as with the attorney since this is an ordinance change for some clarification in the code because of language that was in here about how right-of-ways and trees in the right-of-way get maintained. So in your item, you'll see that there's two changes to the code. for rights away because there was, I don't know if to call it a conflict or just unclear. It was unclear as to, so this clarifies that language and I could share that language with you or Tony can share that language with you.

1:22:45 – 1:23:06Speaker 5

ESSENTIALLY, MAYOR, WE ARE CLARIFYING THAT THE MAINTENANCE RESPONSIBILITIES FOR THE SWALE AREAS, THEY'VE ALWAYS RESTED WITH THE PRIVATE PROPERTY OWNERS ADJACENT TO THEM. THAT'S WHY YOU HAVE TO MOW YOUR SWALE. SAME CONCEPT. WE'RE JUST MAKING IT OVERT AND VERY CLEAR. EXPRESS.

1:23:07 – 1:23:42Javier Fernández

ANY QUESTIONS AT ALL? ANY COMMENTS? So I should start with the manager. I don't particularly think it's, I think we should retain the maintenance obligation for the trees. I think it's just going to impede our ability to kind of plant trees in the right of way, particularly since people will object, they object pretty regularly, even though they say they want them, but they do object to placement trees in Swale. And I think if we add the maintenance burden, it's going to make that deployment, which I think we all want, more challenging. But again, if the board thinks this is the best policy, I'll follow the lead of the board.

1:23:43Steve Calle

What was your comment that you...

1:23:44 – 1:24:15Javier Fernández

I think we should retain the maintenance of trees planted within the swale. But we're not currently doing that. Well, I think that it's being clarified because it's arguably a gray area. It's arguably a gray area. I'm just suggesting that if we're going to clarify it, that we clarify and retain the maintenance responsibility just so that we can further induce people to not object to us planting trees in the swale, which I think is something that we've wanted to do as part of our efforts to green the city. So that's my thought. Yes, let's just go down the row since everybody wants to jump in. So ladies first.

1:24:15 – 1:25:07Lisa Bonich

Thank you. I agree with you that the tree maintenance should remain with us. If we are going to be planting, which I think that we are based at least on the conversations we've had so far, we will be planting trees in the right of way, you know, the sway or whatever you want to call it. then we can't tell somebody, I'm putting a tree there, but by the way, your house looks at it, so now it's yours. I get it with the grass because it's almost impossible to kind of maintain that. But as far as trees, if we have a plan in place for how the trees get trimmed when and where, we shouldn't have a problem with that. The only thing that worries me a little bit is, and this is more for conversation than anything else, okay, the tree falls in a hurricane. Who's responsible? If it falls in their yard, they're responsible. If it falls in the street, we're responsible.

1:25:07 – 1:25:21Javier Fernández

We've already lived that experience recently on near Manor Lane where we had a tree on someone's, I would say in someone's yard. It fell, and we ended up removing it or undertaking the removal ourselves. So, again. That shouldn't be standing practice.

1:25:21Speaker 5

But there shouldn't be standard practice. No, no. We did so. That was a special case. And we did so with the understanding that that was not our tree to maintain.

1:25:29 – 1:25:41Javier Fernández

Understood. Understood. But again, I'm just highlighting the fact that this becomes a nettlesome issue for us to resolve. So again, I don't recognize the manager. I think he wants to say something.

1:25:41 – 1:26:24Speaker 10

No, sorry. Just at some point, I wanted to maybe address what has been the practice of the city, which is recognizing that the homeowner is responsible. So if, from a policy standpoint, the direction is what the mayor articulated, How does that impact what the practice has been? So is it retroactive or not, or is it from this day forward? So I just wanted to have that clear distinction, because obviously that situation will come about, and public works need to sort of understand what our role is going to be. So the practice has been that it's the residents. Notwithstanding, we've intervened here and there, something that may have been an emergency or a safety hazard. So as you're discussing this possible policy direction,

1:26:25 – 1:27:09Javier Fernández

uh just want to be mindful that there's you know pre pre to today and how we handle that yeah and and and moving forward so if i could just suggest i think again if the if the balance of the board is similarly aligned in the way i'm thinking i was just we just adopt the item as it's presented my first reading and then have the manager come back with a suggested modification i think we should go prospectively on the maintenance obligation, not, you know, because I'm not sure we have an inventory of what trees are in the right of way today, but we certainly will have an inventory of what we've planted going forward. So we can kind of limit our responsibility that way and certainly create whatever the requisite electronic record is to track that on a going forward basis as we execute the planting.

1:27:10Lisa Bonich

Just so that I can finish.

1:27:12 – 1:27:36Lisa Bonich

That's okay. No, I know. I got carried away here. The other one would be that whatever we decide to plant as trees and swales, we have to be super cognizant that the majority of our city is on septic. So whatever we plant has to grow down, not out, because we're going to mess up people's septic tanks. That's all.

1:27:43 – 1:28:40Brian Corey

Thank you very much. And yes, a very important issue, I think. I think if we're going to keep up with urban deforestation, we're going to have to plan in the right of way. If we want to create tree canopy, we're going to have to plan in the right of way. And I never really thought of it that way, that that would end up being a burden to us actually being able to plant. I was kind of thinking of it the other way. So I would love to hear on second reading what the cost analysis would be obviously now to taking maintaining those trees. but then in the future as we plant more. Because I just wouldn't want that to then become what prohibits us from planting, simply the maintenance. And then the other thing is to also look into what the standard practice is of other cities. That way we can manage expectations of residents that this is how it is done in any city you would be in. So I'd love to see those two things on second reading. Please. Will do.

1:28:43 – 1:29:29Daniel Rodriguez

So I agree with as far as us maintaining it. The one thing I would say is if the owner, are we penalizing the owner if they decide that they want to go ahead and trim the tree and cut it? Or are we going to allow the homeowner to take the initiative and do it on their own as well? So it could be us or it could be them. That's one question. The other one was when we had the Manor Lane issue, one of the things that came about that was that a tree was initially, it's like a gray area, and a tree was planted in the right-of-way but then grew so much that entered into the property or whatever, even if that happens.

1:29:29Speaker 10

It was on private property. Huh? It was on private property, but it was alleged that the city had planted it.

1:29:35 – 1:30:03Daniel Rodriguez

Well, let's say, okay, I'll take that. But in the scenario where we do plant it in the right-of-way and the tree grows, like they're all going to grow, and it ends up impeding into a private property, then now we've got to just figure out how to handle that gray area. Is it their problem or is it our problem? When it was initially on the right-of-way but then overgrew into the private property now, we've got to figure out whose responsibility is it.

1:30:03 – 1:30:52Speaker 5

So if I may, Mayor. Yes, we recognize. Thank you. The first question that you had, which is regarding pruning of the tree, if they are responsible for it, they would be pruning the tree. They're subject to our rules about pruning. you know you need over a certain amount if you i think it's more than more than a quarter of the canopy you you have to obtain a permit right so they would be subject to that and just like anyone would be uh but i'm saying if we're responsible let's say if we take oh if we're responsible yeah if we're responsible and let's say i have a tree in front of my house and yeah i just want to go ahead and do it myself do i i would say that's very tricky if we if we assert responsibility it's very hard to give someone else are we penalizing resident correct correct it may be yeah that that that It's hard to keep track of that.

1:30:52 – 1:31:50Javier Fernández

In my experience working, Chip and I worked in the city of Miami, when we had trees that people were required to maintain, often they would ask us to call them out and trim them in the right of way. I think the same has been true in Coral Gables. Maybe Sarami can give us some background on that. But I think let's just take all the comments and concerns. And if you guys can kind of help, you know, illuminate us with respect to these various scenarios so we can kind of consider it on final adoption, that would be great. So if you can address how we can apportion or if someone wants to take the initiative of helping us with the maintenance because they see it as an encumbrance or a burden, I'm assuming the answer would be they can get a permit to the extent it does not go beyond the permitted trimming requirement. That's correct. Yes. If they're complying with the ANSI standards, they can go ahead and they spend the dollars. If they go beyond the 25% of the canopy, they've got to come in for a permit. And if they violate it and we're able to prove it, would they be subjecting themselves to being cited? Yes. So we'll get that in writing from you all.

1:31:51 – 1:32:17Brian Corey

OK. You want another question? Just one last thing. it could there could be one additional option i know when we've looked into vendors they do come out and they plant the trees but they also maintain them for a period of time so we could retain ownership in the period of time it takes the tree to reach maturity and then give it to the owners i know that's a little more complicated but i know that's already somewhat of a service that's being provided by people who plant for us so

1:32:18Speaker 18

Yeah, the contract that we're contemplating does have maintenance for the growing period. So that's definitely included already.

1:32:25Brian Corey

Yeah, and that's the more difficult one for the homeowner to be able to take care of.

1:32:29Speaker 18

Yeah, that would be included in all the trees we plant. Okay. Yeah, it's going forward. Thank you.

1:32:37 – 1:32:55Steve Calle

Mr. Director, that's for the inventory that will be on public space, right? Yes. Only? Okay. Because we haven't had a contract or any understanding of what the cost burden, the equipment needed if we start satisfying all trees on all easements. Yeah, if we do it ourselves?

1:32:56Speaker 18

Yeah. Right, yeah. So we have a contract now that we're accessing another city's contract, so we have pricing for all of that in place, and they do the equipment, they do the growing period, they do the staking, they do all of that.

1:33:06 – 1:34:09Steve Calle

So I know we've spoken a lot about having tree inventory and trying to understand all the stuff that's on the easement. So this would need to fall into that. I think that we need to understand what the cost of the equipment, if we decide to do it ourselves, or the cost of set contract, if we need to do that across the city. Look, I think we all want trees pretty much everywhere. I know in my neighborhood, for example, my neighbors are adamant about protecting their trees on the easement. They will not let anybody touch them. So we got to tread this one a little bit carefully here. I'm OK with leaving that as is. But cleaning it up, approving this as it is right now, but that's just my opinion right now. What we can do to ensure that we have more trees on the easements with the help of our residents is somehow setting up some incentives. So let's figure out what incentives we can provide the residents when we provide the trees. And that's my two cents on that.

1:34:11Javier Fernández

OK. So is there a motion to adopt the item as presented?

1:34:15Javier Fernández

Is there a second?

1:34:17Javier Fernández

Okay, we have a motion by Commissioner Kai, a second by Commissioner Rodriguez. Madam Clerk, please call the roll on item 13, please.

1:34:23Speaker 13

Yes, Commissioner Rodriguez? Yes. Commissioner Moniz? Yes. Commissioner Calle? No. Vice Mayor Corey? Yes. Mayor Fernandez? Yes. Passed first reading, 5-0.

1:34:33Javier Fernández

Thank you. If you could read item 14, please.

1:34:36 – 1:34:57Speaker 13

Item 14, an ordinance of the Mayor and City Commission of the City of Southwest Florida approving the third amendment to the lease agreement with the Girl Scout Council of Tropical Florida Inc. in connection with an existing franchise providing for the continued use of the property located at 6609 Southwest 60th Street and known as the Little House Reserve Park, authorizing the city manager to execute the third amendment.

1:35:00Javier Fernández

Thank you. Mr. Tyson, I think you're recognized for this item.

1:35:09 – 1:36:23Speaker 16

Good evening, mayor, vice mayor, commissioners, city attorneys. Before you is the third amendment to the lease agreement between the city and the Girl Scout Council of Tropical Florida. In 2025, we had a second amendment that was presented to you all, which created a public use area, established shared use provisions, divided maintenance responsibilities, and required the city to install fencing. The Third Amendment that's presented today does not extend that lease. It just primarily changes the configuration and the fence alignment. Why are we changing it? After the 2025 amendment we've met with the Girl Scouts who are with me today and we've also met with the county with regards to Some of the issues and concerns that they may have with the property being fenced around completely the county advised that the original design that was presented in the second amendment would not pass permitting because the fence would encroach into the protected rock preservation So as a result of that, we brought the county in. We also spoke with the Girl Scouts and identified a location that would actually pass permitting, which delineates the western part of the property from the eastern property.

1:36:26Javier Fernández

Colleagues, any questions on this item? Nope.

1:36:29 – 1:37:43Daniel Rodriguez

Yes sir, you're recognized. I had discussed with the manager. So on the west, on the east side, it's all going to be picketed fence covering the entire west side of the forest. On the east side, I know that by the We're going to have the small two board fence in the front. My only concern was where on the west side fence gets to the Girl Scout house. I know there's requests to block it all out. My concern is that I think if we want to block it out where the house is located, I'm okay with that. I just think that we need to have the ends or some portion of it open to give that open feeling rather than a closed feeling of the Yeah. So like either put paneling. So basically, if you have the square, this is all open. This would all be basically paneled fence rather than seeing through it.

1:37:43 – 1:38:10Speaker 10

Yeah. I think the commissioner would like the ability to see through. Correct. Exactly. To have that interior fence that is there for purposes of providing protection, obviously, when the Girl Scouts are participating and have activities. I think what the commissioner is saying, in your item, it's a purple line that's in the interior fence. What the commissioner is alluding to is that that fence would be see-through, visible. Correct. Instead of it having a...

1:38:11 – 1:38:27Daniel Rodriguez

flat board uh where you can't see through i think commissioner i'm not trying to speak for you no no 100 thank you and it just gives a sense of uh you know the openness of that and and being able to see the whole forest i'm interested i i do want to share um in our conversations with

1:38:27 – 1:38:54Speaker 16

the Girl Scouts, different fence options have been presented. There was a desire presented to have a privacy fence. I know when they have activities and they're young girls that are doing aftercare programming, summer camp programming, to have the public be able to see them during that time is potentially problematic for them. So they have expressed that they would prefer that be a privacy fence that is a buffer between the eastern and western parts of the property.

1:38:57Javier Fernández

You're recognized.

1:39:01 – 1:39:38Lisa Bonich

I understand what you're saying, but I share the Girl Scouts' concern. They have like a little pool area, correct? You've got a bunch of little girls in bathing suits, and then you've got a wooded area, and if you're able to kind of sit in there and stare at them, that's like super creepy. I would be really, really uncomfortable with my daughter in a bathing suit in that scenario without having a privacy fence. I understand the wanting to be able to see everything, and I think it's beautiful, but I think it's more important to protect the girls. I don't know if that's how you feel. I just think it's creepy.

1:39:39 – 1:40:46Speaker 2

Good evening. Thank you all. Chelsea Wilkerson, CEO, Girl Scouts of Tropical Florida. And Commissioner, that's exactly what it is. We do have a pool. We have girls changing clothes. We set up a tarp, so they're changing under a covered area, but still they're running around in their bathing suits in the middle of really a residential kind of area. So you can see straight through from the street just about anything. In Girl Scouts, we put girl safety first and foremost beyond anything else. Anyone who's involved in Girl Scouting goes through background checks. Our staff are all, of course, level two background check. And I would imagine that a lack of privacy would make, well, first of all, we would no longer be able to offer swimming, period. We just wouldn't be able to have girls running around in bathing suits. So that's the reason why it's there. I do think, though, that, first of all, that property's never been an open view through. There's always been screen fencing all the way around it. And there will be through, even if there were more open fence, there's also requirements for the forest and for the forest preservation and restoration. And so there will also be just a lot of just visually it will be blocked because we will have native trees planted there.

1:40:46Javier Fernández

So that was going to be my point. Is there a way to do this without actually having the fence typology?

1:40:50Speaker 2

So the types of fences are actually, it's like a variety of different fences depending on the perspective. And that particular fence is the rail, right? The open tour. Open tour. I'm happy to share on that.

1:41:00 – 1:41:30Speaker 16

I know that this item was not necessarily designed to talk about the fence options, but we have been working with the county and also the Girl Scouts in identifying the proper type of fence that would actually, as mentioned, provide privacy to them, but then also allow for wildlife to be able to exit through and enter and keeping a natural characteristic of the park. Those fence options that are still in the phase of being approved, but it's a two-rail fence, on the western portion of the property.

1:41:30Javier Fernández

I have no idea what a two rail is. You're speaking like a two board.

1:41:32Speaker 16

It's like wooden to, it's wooden fencing. It's much shorter. It has.

1:41:38Speaker 16

So it's low level fencing?

1:41:40Speaker 10

It is low level fencing, yes. And on the west side where the parking lot is, basically you have.

1:41:45Javier Fernández

No, that's not what we're talking about. I'm talking about the privacy fence.

1:41:48Speaker 10

No, that's not the privacy fence.

1:41:50 – 1:42:14Javier Fernández

I have no problem with that. I mean, again, I do not want to... I mean, we've given these people enough grief as an organization historically, so I'm not here to play that game, but I do want to... I'm wondering whether... if there's a way to actually use the reforestation as a way to kind of create the physical and visual buffer that they're looking for as opposed to incorporating the fencing.

1:42:14 – 1:42:35Speaker 10

It won't, Mayor, because the end state of a pine rockland is very limited and it's, you know, very low lying brush with skinny tall pine trees. When it ends up being what it's supposed to be, that's really the look and it doesn't give that visual buffer.

1:42:35 – 1:42:47Javier Fernández

There's no intermediate bush or boilies that we could reincorporate to the site that would be consistent with the character of the area and accomplish the goal? Correct. That's fine. That's why I asked the question.

1:42:48 – 1:43:40Speaker 2

One thing that I think is important to add is that everything we've been doing forest restoration at our camp at Camp Mahatchee. We've worked with Miami-Dade County on the property that we owned in Richmond Heights, Camp Choey. So this is the third restoration project that we've engaged in in kind of public-private partnership. And every step of the way on every one of these properties, we've worked in lockstep with Miami-Dade County with the Urban Forest Department. And so everything from the type of fencing the placement of the fencing Of course the type of plantings that take place is all being done with the technical expertise And so the fences are actually part of the conversation The team's been really great about making sure that the county sees the type of fencing and they're clear that those will not interrupt In fact, that's part of what generated. This is the type of fencing we were going to use was going to interrupt the forest so we're trying to hit that strike the balance of forest restoration and Girl safety and privacy

1:43:42 – 1:44:18Speaker 10

If I may just add, the reason there's a two rail on the west side is because there will be access like any other park from the parking lot. We'll open the gate. There'll be access. And so that's why as you walk through the trail there, you'll eventually get to the point where the privacy fence is. And that's where you would have access into the Girl Scout property. To the east, that fence will not have that access. The access to that property will be programmed. whether they're programming or how the lease allows us to work with them to do a city event. So there will be access, but it'll be program versus the one on the west side will be access.

1:44:18 – 1:44:31Javier Fernández

I think at some point, again, I'm going to recognize everyone else. I just love to see the different types. I'm satisfied that we can't accomplish it naturally, so I'm happy to support it the way it's presented. Sir, who's next? My apologies. Rodriguez, go ahead.

1:44:32 – 1:45:12Daniel Rodriguez

OK, so I just want to be clear. So I understand the thing about girls. I have a daughter. I actually live next to this park. But the reason that I made the suggestion of making a fence that's open and see-through to also address the concerns of Commissioner Bonnich is because The purple line, and I know you guys probably can't see, the purple line is going to be the solid fence. Correct. Correct. But the pool is towards the back of the Girl Scouts, and then behind the Girl Scouts, that's a picket open fence. So you can literally see through. So what we're trying to prevent from the west side, you can just see it from the south side.

1:45:12Speaker 16

There is vegetation along the eastern perimeter that would kind of serve as a buffer.

1:45:19Daniel Rodriguez

But that's what the mayor was asking. Can we do that also on the west side?

1:45:24Speaker 16

On the west side, they would have access because that would be public use and they'd be able to cross through and access.

1:45:32Daniel Rodriguez

No, no, I'm saying that buffer where the purple fence is.

1:45:35 – 1:46:20Speaker 10

Yeah, Commissioner, let me... The access to the purple line from the west side, you can walk right up to the purple line. Correct. Nothing will impede you because there's an actual trail. Correct. The fence that's on the south side will be at the property edge. So there's a distance between there where the pool is actually located, and there will be some vegetation in between. So you don't walk right up to the pool like you do to the privacy fence. There's probably about... 40 yards maybe between the outside fence and where the pool is. So it'll be less visible. It may be visible somewhat. But definitely when you walk in from the west and you walk up to the privacy wall, you would definitely see straight through because you're right at that point. And that's a distinction.

1:46:21 – 1:46:42Daniel Rodriguez

Yeah. If you look through here, you're going to see the pool right here on this side where from this side, I don't know. I'm just saying if we're going to be consistent, we should be consistent. Again, I want the safety of the girls. I'm just saying if we're going to block that off, then where the pool is in the back, you might consider blocking that off as well.

1:46:43 – 1:47:27Speaker 10

There were also limitations because that backside has another, the whole issue is that the fence cannot block the forest and its movement, right? And so there were locations that we originally, with all good spirits, said let's fence it around here. But when we sat down from a permitting and walked the property with them, they're just locations where the fence would not be allowed. And I remember that backside, we talked a little bit about that, and there's limitations on that backside as well. Having said that, definitely the pool is much further in and will have some buffer than the west side, so that's a distinction there. Okay, whatever the board.

1:47:28Javier Fernández

Okay, yes sir, you're recognized.

1:47:29 – 1:48:27Brian Corey

Thank you. If I could just add, and I know I've actually been briefed on what the county required or what was required for the property. Obviously, this ultimately ends up being maybe less than half of what was originally going to be kind of the public space potentially. with trails and whatnot. I don't know if there's more we can do with this trail, if it can loop, or if there can be more trail on this side. Or, you know, on the other side, if we could do the same thing. I know, obviously, there's some restrictions and limitations. I would just love for there to be more trail access. It's a very unique property. You know... Besides maybe the 80 Barnes Park Trail, there's really nothing else like it in the county that you can get to immediately from an urban or suburban area. I think it would be really cool for the neighborhood to have the ability to have potentially a longer trail than this because what it looks like here is there an entrance and an exit on the west and south side?

1:48:28Speaker 16

There is an entrance on the south side, and there is not an entrance on the east side. So on the west and south side, that is correct.

1:48:36Brian Corey

Yeah, so then it just loops down this way. And that's pretty much the trail, right?

1:48:39 – 1:48:58Speaker 16

Yes. So I did want to clarify that on the Girl Scouts amended side, there is opportunity for shared use through proper planning and coordination with them. So it is not completely blocked off from the public. It just requires the proper coordination with the Girl Scouts to be able to use the additional part of the trail.

1:48:59Daniel Rodriguez

Yeah, but residents can't use that. It's not. The one that's a U-shape, residents cannot use that?

1:49:05 – 1:49:19Speaker 10

Only when we program it. That's correct. We have the ability to program, where before we didn't really have the ability to use it. The lease provides that ability and coordination with them. So when we do have programming, we will be able to use that U-shaped trail that's there.

1:49:19Daniel Rodriguez

But on a day-to-day basis, it's basically the west side.

1:49:20Speaker 10

On a day-to-day basis, it won't be an operating. That site won't be an operating site. It'll be the west side.

1:49:25 – 1:49:49Brian Corey

And the core issue is that we wouldn't be able to get approved another fence on the other side to be able to have access to the trail. That's the issue? Yeah. OK. I guess my only thought, not that I'd want to build more trail and have less trees, but just to maybe have something that looped or a longer trail or a greater experience for the public's sake. But yeah.

1:49:49Daniel Rodriguez

I mean, that's why I said the openness.

1:49:51Brian Corey

Yeah. If there was something that could creatively be done. If not, then, you know.

1:49:57Daniel Rodriguez

It's basically walking down the trail on the west side and then hitting a wall. Yeah. Basically.

1:50:02Javier Fernández

Yeah. Look, you're exiting onto a sidewalk. Yeah. So it's not, but again, it's more access than we had previously. Right. And the conditions will be greatly improved. Yeah.

1:50:12 – 1:50:23Brian Corey

No, I agree. Especially like the external is going to be much, much nicer. It is great that people do get to experience it. I was just hoping they would have the other side as an opportunity as well.

1:50:24Javier Fernández

Let's think through.

1:50:30Steve Calle

Have you thought about what type of programming you've thought of in the future with this usage of space, especially if we need to do special programming?

1:50:38 – 1:51:00Speaker 16

Yeah, just some preliminary ideas, you know, through guided trails, just learning about the different type of vegetation. There's some native species, some really beautiful species there, and just doing educational tours. We currently do have a park ranger on staff that I envision being able to grow into more of a traditional park ranger that has the ability to provide these types of guided tours. So, yes.

1:51:00Steve Calle

Great. Thank you.

1:51:04Javier Fernández

Are we ready to act on the item? Is there a motion to adopt item 14?

1:51:09Javier Fernández

Is there a second? I'll second. A motion by Commissioner Bonich and a second by Vice Mayor Corey. Madam Clerk, if you can call the roll.

1:51:17Speaker 13

Yes. Commissioner Bonich? Yes. Commissioner Rodriguez? Yes. Commissioner Kaye? Yes. Vice Mayor Corey? Yes. Mayor Fernandez? Yes. And I'll pass first reading.

1:51:26Javier Fernández

Thank you very much. Seeing no further business before this council, we stand adjourned. Thank you.

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.