confirmation of John Crabtree as its designate have a motion motion second all in favor all motion carries unanimously that concludes the boards and committees thank you chair thank you may I have a motion for P pi1 Pocket item one uh I one yes the um about the paddle the paddle court is time sensitive okay paddle paddle paddle B paddle ball okay it's um Mr City attorney would you please read it again yes Madam chair the reason why it's time sensitive is because the events begin on the 23rd weon have I I wanted to know what go ahead a resolution of Miami city commission waving the two temporary event limitation per year for the private property located at 75 Northeast 39 Street Miami Florida pursuant to chapter 62 Article 13 Division 1 Section 62- 521 B4 of the code of the city of Miami Florida is amended title Planning and Zoning Planning and Zoning approval for temporary uses and occupancies permit required temporary event permits temporary events in general to allow for Reserve paddle Miami events to be held from May 23rd 2024 through December 31st 2024 may I have a mo I have a motion a second all in favor all motion carries unanimously pick pick a ball paddle paddle ball yes oh you like that um may I have Mr City attorney would you please read into the record the title for the pz item pz2 for consideration ation pz2 in ordinance of the Miami city commission amending ordinance number 13114 the zoning ordinance of the city of Miami Florida has amended Miami 21 code specifically by amending article 3 titled General to zones to establish a development density bonus and Associated development flexibilities for developments that contain housing for the elderly containing a severability clause and providing for an effective date may I have a motion I have a motion in a second yeah I just wanted commissioner Cabella yeah I wanted to add yes I'll be voting for it but I wanted to add if and I think we spoke of this in the record that we can add at some point in the future uh for these kind of homes for older people that we can put on the uh on the first floors the uh um you know the clinics for them that kind of stuff just put on the record if you cas going to look into it in the future yes um Madam chair uh good morning uh this is David snow with uh the planning department um so yes uh uh we were look into how these future developments can incorporate uh commercial uses um specifically those uses that serve those elderly housing um for future development thank you do you show me as a co-sponsor on this this is very um smart legislation for our elderly yep do you guys yes this should include uh chairwoman as a co-sponsor and I believe who just said I I think it was it's manolo's item but I want to co-sponsor and you Vice chair wants to co-sponsor as well yeah no no I'm voting for it but do you want to be a co-sponsor I know we all have a senior elderly population that could benefit from this absolutely okay so I have a motion and second all in favor motion carries unanimously I believe Vice chair has a pocket item that he would like to introduce can we have the City attorney read it thank you um this is uh time sensitive because we have a election in August and we have to give the mayor 10 days for beo so this is why it's being brought up today uh in an emergency basis the it's a very solomonic resolution one that uh this commission has always agreed to let people decide uh and it basically uh um sayess and let the City attorney read it thank you Mr Vice chair a resolution of the Miami city commission with attachments calling for a referendum special election concurrent with the primary election to be held on August 20 2024 for the purpose of submitting to the qualified electors of the city of Miami for their approval or disapproval of the following referendum ballot question shall the city of Miami keep already in installed outdoor gym equipment like in many of our parks at the city park located at 1075 biscane Boulevard Miami Florida 33132 also known as Maurice a foray Park to enhance recreational facilities and promote Community healing and fitness for all our residents and designating and appointing the city clerk as the official representative of the city commission with respect to the use of voter registration books and Records directing the city clerk to cause a certified copy of this resolution solution to be delivered to the supervisor of elections of Mii County Florida not less than 45 days prior to the date of such referendum special election further directing the city manager to meet with the supervisor to negotiate a reduction of cost for placement of the city of Miami's question on the August primary ballot providing for an immediate effective date for this resolution at this time I'm going to open the floor for public comment anyone wishing to speak on behalf of this item pocket item two may come forward forward seeing none public comment period is closed uh do any may my any of my colleagues want to make I see commissioner Reyes yes you see the only the only concern that I have about this is that we don't start a president that uh that uh uh anytime that we want to do or we want any project that we want to do we we bring it up for a vote and and and that's that's my only concern and I I definitely agree that we need uh uh me Community input we need uh input from the people I mean residents of Miami but uh to make it Citywide it is too broad because most of the people in my district they don't know what's happening well well you'd be surprised how many know they go there um this is one of four Regional Parks yes it's a regional park that's that's the only the only difference that I have between this park and and other Parks this is a regional park because everybody enjoys it and everybody goes there and different amenities that that every the whole city enjoys it and that's the difference that's the importance of this part that's the difference this is why this would not be something that would come up and come up in any part that would happen uh and you always been one that always have felt let the people asde well this is a regional part for everyone not everyone has has uh a gym in their building where he's able to afford to have one in their home and even those that have gyms in their buildings they also like to go out and exercise in the open air so this is one that this is the people's part for everyone to enjoy let them decide let them decide I um hold on uh commissioner but commissioner gabella would like to speak yeah the the only thing U I'm going to say is that our colleague which is his area and I I understand your point that it's a regional park I understand that but my colleague that's also is going to affect them is not here and that's the only concern that I have with voting well he's thinking to be effective because whichever way he feels on it he could campaign for it uh this is not something that is going to affect him in the sense that we voted for something that uh is going to be established or not established this is going to be for people the residence of my we're not deciding it's going to be the residence we're putting it do I have a motion motion do I have a second do I have a second I'll be the second I have a motion in a second all in favor I I no as amended 31 amend motion carries 31 and the last item on our agenda is a discussion item di1 annual board report I have I have a request for a shade meeting as well when we're done with that okay well I don't see anyone here I do not correct shair I do not see the chair for the Virginia key advisory a here so we could defer that item to the 23rd okay item is U may I have a motion to defer di1 to move I have a mo in a second the item is deferred to May 23rd and I have a request from the city attorney thank you um Mr chair Madame chairman and members of the commission pursuant to the provisions of section 28611 parentheses 8 Florida Statutes I'm requesting that at the city commission meeting of May 23rd 2024 an attorney client session close to the public be held for purposes of discussing the pending litigation the matters of one the Mad room LLC DVA ball and chain altto Mexicano LLC DBA takaria El Mexicano Little Havana Arts Building LLC and L Grand Fiesta LLC versus City of Miami case number 21- cv- 23485 RKA pending in the United States district court for the southern district of Florida two Tower Hotel LLC a Florida limited liability company padas Villas uh LLC a Florida limited liability company Beat Stick LLC a Florida limited liability company l l shoing LLC a Florida limited liability company and Joo K LLC a Florida limited liability company versus City Miami case number 3D 23- 285 pending in the district court of appeal in the State of Florida Third District to which the city is presently a party the subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures this private meeting will be begin at approximately 10: a.m. or as soon thereafter as a commissioner schedules permit and conclude approximately 1 hour later the session will be attended by the members of the city commission which include chairwoman Christine King Vice chairman Joe Coro commissioner Miguel unhel gabella Manuel Reyes and Damiano the city manager Arthur Nora the 5th the City attorney George K weisong II Chief Deputy City Attorney John Greco Deputy City Attorney Kevin Jones assistant City attorney Eric EES and Margaret Snider and city of Miami's outside Council Raquel a Rodriguez Esquire Michael E dco Esquire and Angel a cortinez Esquire a certified court reporter will be present to ensure that this session is fully transcribed and the transcript will be made public upon the conclusion of the litig at the conclusion of the attorney client session the regular Commission meeting will be reopened and the person chairing the commission meeting will announce the termination of the attorney client session thank you madam chair thank you excuse me and at this ex uh this chair the City attorney needs to make a correction from now and ever um it's not Manuel it's Manolo I know we all look alike but Manuel and at thousand apologies sir at this time I believe we have a special presentation for one of our special colleagues Kos phanos for commissioner Rees happy birthday happy birthday [Applause] you make another around the Sun successfully yeah at our age thank you to all of you thank you very much and um I mean I thank you also for all your prayers you see I don't know everybody has asking me how I mean how what's my birthday I don't know if he uh I should inform that is 80 or one because a few months back I had a one of my my my I had a food in the cemetery because I I was uh I had uh U they found this uh horrible disease but I now on remission so I should start counting from now on because it's like I was born again and I thank you very much for all your prayers thank you for your love and I love you all thank you thank you thank you very much [Applause] TR that's right that's why he's here God with trust yes I'm a man of faith and I I uh I always knew that uh the power of uh prayers will keep me here because I think the Lord has a mission for me and I have not fulfilled it yet I still have something else that that we want to do for the benefit of the city of Miami and he wants me here well I'm going to stay here and do my duty perfector happy happy bir happy birthday and happy birthday and this concludes the city of Miami commission meeting for May 10th 2024 thank you all [Applause] [Music] [Music] [Music] [Music] --------- [Music] [Applause] [Music] [Music] [Music] [Music] [Music] [Applause] [Music] [Applause] [Music] [Music] [Applause] [Music] [Music] [Music] [Music] [Applause] [Music] [Music] [Music] [Applause] [Music] [Music] [Music] [Music] [Laughter] [Music] [Applause] [Music] oh [Music] [Music] he [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] he [Music] [Applause] [Music] he [Music] [Applause] [Music] a [Music] [Applause] [Music] he [Music] [Music] m [Music] [Music] [Applause] [Music] [Music] [Music] [Music] [Applause] [Music] [Applause] [Music] [Applause] [Music] [Music] [Applause] [Music] he [Music] [Music] [Music] [Music] [Applause] [Music] m [Music] he [Music] a [Music] [Applause] [Music] he [Music] he [Music] [Music] [Music] [Music] [Music] [Music] [Applause] [Music] [Applause] [Music] [Applause] [Music] [Music] [Applause] St e [Music] [Music] minutes away from beginning our meeting I'm just waiting for my colleagues to join me we have a presentation that we're going to get going as soon as the mayor comes back downstairs is just one e e [Music] [Music] [Music] [Applause] [Music] [Music] good morning all right everybody drank their cafesito kuo this morning I can see today is a very special uh day well it's always a special day here in the city but we um It's always important when you're focusing on the preservation of history in your city um we have a a beautiful history uh we were Incorporated in 1896 and my family is a very small part of that history which was that my father was the first Cuban mayor of Miami in 1985 and we're the first father and son mayor and I as far as we can tell I'm the first mayor of Miami born in Miami uh that was actually born in the city which is I think an interesting fact um because I think it says something about our community that is has been a community that's embrac people from the outside we have a good 70% of our residents were not born in the city um many of them come from other places um and I think it say something about us that we are such an embracing Community but today we get to uh celebrate National Historic preservation month in the city and it's important for us to preserve our assets uh that have historical significance because the value of those assets is incalculable you can't put a price on it it's infinite value in my opinion just like our parks are infinite value because you get to use them for theoretically Infinity right and hopefully f for infinity and so um it gives me a lot of pleasure and and privilege to be able to declare today uh National Historic preservation month day in the city of Miami does anybody want to come up and receive this all of you can come up if you want thank you come on come on up come around come around yeah I know that you can't come up but I'll come down to you and give you a kiss spe spe thank you so much Ison to be here and so much of our has gone so many things you good to see you at this time we are going to begin our meeting with prayer today Minister Cheryl Coleman from Friendship Missionary Baptist Church will lead us in prayer right we greet you all with the love of God and in my faith tradition the joy of Jesus and the empowerment of the Holy Spirit as we have this opportunity thank you uh chairwoman King and all of our commissioners here our mayor and to each and every one of you for this opportunity to share a prayer as I share this prayer uh in my faith tradition the Bible tells us to pray for our leaders so that they would lead and Rule well that there would be peace in the land and so we come in that Spirit on this morning in my faith tradition dear God I come to you in Jesus name name first giving you the honor the glory and the praise for the gift of life and time father as you've blessed us with this day everything that we need we know that you will provide it and so we come with humble adoration lifting up our leaders we thank you right now God that you would give them the wisdom will God give them the fortitude and the guidance we not only lift up our leaders but we lift up the residents we ask you father to be with us in a spirit of unity right now we thank you God that as we bring our cares and concerns that you would address them right now and as you address them right now given uh great leadership and people coming together I thank you Father that everything that we need to have Abundant Life it shall be so bless this meeting lead and guided and we'll be careful not to take any glory for us but to give it unto you and the blessings would rest upon us all and I seal the prayer in jesus' name with a great hallelujah and amen amen commissioner gabella will you join us lead us with the Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation indivisible with liberty and justice for all thank you thank you at this time Mr City attorney would you please read your statement for the record yes thank you madam chair detailed information about the processes order of business rules of procedure and scheduling or rescheduling of city city commission meetings can be found in Chapter 2 Article 2 of the city code a copy which is available online at ww. municode.com any person who is a lobbyist pursuant to chapter 2 article six of the city code must register with the city clerk and comply with related City requirements for lobbyists before appearing before the city commission a person may not Lobby a city official board member or staff member until registering a copy of the code section about lobbyist is available ailable in the city clerk's office or online at ww. mic.com any person making a presentation formal request or petition to the city commission concerning real property must make the disclosures required by the city code in writing a copy of this city code section is available at the office of the city clerk or online at www.mo.com the city of Miami requires that anyone requesting action by the city commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to city code section 2-8 any documents offered to the city commission that have not been provided 7 days before the meeting as part of the agenda materials will be entered into the record at the city commission's discretion in accordance with Section 2-33 f and g of the city code the agenda and the materials for each item on the agenda is available during business hours at the city clerk's office and online 24 hours a day at ww.my miamigov.com any person may be heard by the city commission through the chair for not more than two minutes on any proposition before the city commission unless Modified by the chair public comment will begin at approximately uh 9:30 a.m. and remain open until public comment is closed by the chairperson members of the public wishing to address the body may do so by submitting written comments via the online comment um form for detailed in uh via the online comment form please visit ww.my go.com sl/ meting instructions for detailed instructions on how to provide public comment using the online public comment form the comments submitted through the comment form have been and will be distributed to the elected officials their staff and City Administration throughout the day so that the elected officials may consider the comments prior to taking any action Additionally the online comment form will remain open during the meeting to accept comments and distribute to the elected officials their staff in the city Administration up until the chairperson closes public comment public comment may also be provided here live at City Hall located at 3500 panamerican Drive Miami florid is subject to any and all City Rules as they may be amended if the proposition is being continued or rescheduled the opportunity to be heard may be at such later date before the city commission takes action on such proposition when addressing the city commission the members of the public must first state their name their address and what item will be spoken about any person with a disability requiring assistance auxiliary AIDS and services for this meeting May notify the city clerk the city has provided different public comment methods to indicate among other things the public support opposition or neutrality on the items and topics to be discussed at the city commission meeting in compliance with Section 2860 1114 parentheses 4 princ Florida Statutes the public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting please note Commissioners have generally been briefed by City staff and the city's attorney's office on items on the agenda today anyone wishing a Verbatim record of an item considered at this meeting May request it at the office of communications or view it online at ww.my go.com uh pz items shall proceed according to section 7.1.4 of the Miami 21 zoning ordinance parties for any pz items including any applicant appellant appal City staff and any person recognized by the decision-making body as a qualified intervenor as well as the applicant's representatives and any experts testifying on behalf of the applicant appellant or appal may be physically present at City Hall to be sworn in by oath or affirmation by the city clerk the members of the city commission shall disclose any expar Communications to remove the presumption of prejudice pursuant to Florida statute 28615 and section 7.1.4 point5 of the Mind 21 zoning ordinance the order of presentation shall be set forth in Mii 21 and in the city code staff will briefly present each item to be heard the applicant will present its application or request to the city commission if the applicant agrees with the staff recommendation the city commission may proceed to its deliberation and decision the applicant may also wave the right to an evidentiary hearing on the record for appeals the appellant will present its appeal to the city commission followed by the appal staff will be allowed to make any recommendation they may have please silence all cell phones and other noise making devices uh this meeting may be viewed live on Miami TV miamigov.com sltv the city's Facebook page the city's Twitter page the city's YouTube channel and Comcast channel 77 the broadcast will also have closed captioning U pursuant to advisory legal opinion 2020-32 um the Attorney General app that consistent with prior attorney general opinions a member of the local government body who is physically unable to attend meeting because of medical treatment or due to medical reasons could participate in vote in meetings where a quorum or of the me of the other members was physically present thank you thank you Mr City attorney Mr city clerk will you please read your statement in for the record thank you chair the procedures for individual providing testimony be stor in for planning zoning items and any quaal items on today's City commission agenda will be as follows m of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me the city clerk immediately immediately after I finished explaining these procedures those individuals who are appearing remotely may be sworn in now at any time prior to the individual providing testimony for Planning and Zoning items and or qual items Commissioners are you comfortable with all notice provision set forth in these uniform rules procedures we have established to this meeting yes and chair May administer the oath with planning his zoning items please good morning ladies and gentlemen if you be speaking on any of today's Planning and Zoning items that's EZ 1 and two may I please have you stand and raise your right hand do you Sly swear affirm that the testimony you're about to give it today's hearing is the truth the whole truth and nothing but the truth and your response is sir thank you chair thank you Mr city manager at this time do you have any items that are scheduled to be deferred or withdrawn from this agenda good morning Madam chair Commissioners Mr C City attorney and Mr city clerk at this time the administration um would like to defer withdraw the following items ca2 to be deferred to May 23rd F fr3 to be deferred to May 23rd and pz1 to be deferred to May May 23rd that concludes the items F3 yes sir F3 and pz1 were the last two which was the first one that you mentioned ca2 ca2 pc1 which one is P1 Mr Vice chair do you have any items that you would like to withdraw or defer no uh I want to ask um uh uh the uh uh commissioner Paro he asked anything that related to his district that uh I know that you receive a a request from him yeah he he made a request um which is why pz1 okay um was placed on the deferral list as well as I know you had referenced it as well okay okay I just want to make sure in deference to a a commission not anything El yeah I don't I don't believe there's any other items that I'm aware of that okay no I don't I don't think so just in case have an impact on us uh commissioner Cabella do you have any items no I don't surprised um that Ador Jim equipment is more important to be here than two of the most important items that would affect all districts in the city in one form or another re12 and F4 I'd like both of them to be defer to the 23rd in excuse me re12 and f fr4 um in re12 Mr manager and Mr City attorney I was extremely surprised when I received a call from our local tooy and commissioner can you yeah I said I was extremely surprised when I received a call from the reporter that covers City Hall for a local tabloid uh and they had information that I didn't they knew to the smallest detail percentage of Voters in each district by raise uh by ethnicity by political parties um I want to if if I'm going to be asked to vote on something I want to be able to know what the breakdown is so that everyone knows it and at the same time uh I would like to compare it to the other two maps that we had and why do I want that because in March 22nd of 2022 we voted upon the original map then when the judge and the federal court said that that wasn't sufficient we voted again I believe it was sometime in June 2023 for a new additional map and now we're looking at this one so I want to be able to look from March 22nd then in June 23 to now how the maps in all the different percentages have changed so we could see what we're really voting upon and what we have Madame shair to the shair uh I didn't know that hold on hold on one second can I have a motion to approve the items that the manager requested to defer oh move it move it I have a motion in a second sorry I'm sorry just the ones that the manager yeah so I have a motion in a second all in favor the agenda has been set and we are now discussing the two items that Vice chair would like to have let me let me I just want to ask this question I didn't know that uh that that breakdown was available I didn't know uh I I'm very much interested and see it because I have suspicions also that this map the way it is and it is uh that is has been and it's been my main concern that we pretty soon in a couple of of uh election Cycles we won't have uh proper representation or or diversity in the days that's my main concern the district were formed and uh commissioner Cano when he was mayor were formed in order to assure was that every ethnic group will be represented in this days and the form what I my my only concern with the what we are doing now and what we're voting on and I have stated it publicly is that we won't have diversity in the days and all the ethnic groups will not be represented and if that if that analysis has been performed I want to see it um the because that's my only concerned I I I mean I could I would represent any area of the city of Miami with the same uh uh the same way that I represent man and and I'd be honored to represent any area of the city of Miami but I want to know what what implications this will have in the composition of the city commission that's my only concern commissioner gabella commissioner gabella would like to be recognized yeah so um so uh for the record I wasn't here when you ladies and gentlemen voted on that last year whenever the last time you voted on and then uh you know I'm in agreement with Garo to to defer because number one there's one member that's not here so I'm I'm going agree with with that uh however you know I hope that the next commission meeting okay we can make a decision on this because we've been at this for for some time and the more the longer we continue with this you know the more it's going to cost the uh you know us the city the taxpayer you know and I think we've been this for you know a very long time now and we've had extensive meetings on this in the past you know for the last two months with the what have we had like three shap meetings I think we we've had but I understand your your concern and I'm willing to to go along you know I I just hope that the next commission meeting this this uh this is settled in in the respect that I'd like to see you know if we do this whatever the agreement is we have some control over the process you know if we don't do this at the end we're going to lose that control and it's going to be up to the judge and other judges and and and and judge Moore is not happy with us I mean this hasn't been settled in a year and a half so I'm going to go along I think it's the The Prudent thing to do but I just want to be on the record I hope that by the next meeting we're ready to go one way or the other Madam sh hold on one second the City attorney would like to say something yes Madam chair thank you and um my commitment to this commission is to provide you with the risks and consequences of this I want to put out you know everything that um could happen or might could happen and I would like um our outside Council to come up and address um uh how requesting a deferral at this time could affect the case and Madam chair before I side C speaks got I finished speaking because I hadn't I hadn't been finished speaking and I gave commissioner Rey as the the floor yes go ahead thank you um look we have been accused ronly so of racially jar mandering three districts those are pretty grave words when the original intent when districts were made because we had Citywide elections before I've ran a lot more Citywide for commissioner for mayor before than the two times that I ran in the district the reason we won two districts when I was mayor was to assure that there would be africanamerican representation when it was lost period now you have three districts that no matter you cut well yeah no matter how you cut them they districts that are 80 plus 90% Hispanic I don't care how you cut those districts you're still going to have a Hispanic elected now the reason I want to see the three sequences in the maps so that we could clearly see and show there was no racial gerrymandering that in fact we're ending with the same percentages maybe even more in some districts than what this commission had approved so are we going to be approving a racially Jerry mandering map what this is all about is to take the power away from the resident of Miami and the representatives that have been elected by the residents of Miami so that this commission could not make a decision and that what we are given are an ideological driven pring by pring map that is Jerry Mander towards getting individuals that are much more to the far left than to the center or to the right I was told that in District 3 and you know I I this is what the reporter told me I have no idea that the Democrat percentage in District three jumps to 55% you only have 45% Republicans uh I don't know exactly what the Hispanic percentage is in comparing it to the other two times so this is information that we need now that judge Mo and I say this with all respect uh as was stated here by one of my colleagues is not happy with us he wasn't happy with us last year and apparently the appell at court wasn't was n happy with him they overturned him and we had elections in the map that we picked they brought it to the Supreme Court and I'm amazed that in something that didn't jump to the level of many other cases the Supreme Court took on the case and guess what Supreme Court apparently wasn't too happy with judge Moen suc either it came back 90 in favor of the city of Miami's position so I'm not one of those that's uh going to drink the Kool-Aid and believe that this is final whatever judge Moore says because I believe that uh we stand an excellent chance of overturning this uh in an appeal an excellent chance and you know frankly um I might be the one that uh because I'm The Turkey in the shoot app uh I'm uh the one that maybe stands the most uh danger in any decisions that are made so be it you know uh I'm uh I'm term limited out so I can't run again what I'm looking is for the future of this city and I've always stated that I am ter limited out to raise this term limited half after this term and for us to wait until the 23rd to get answers and most importantly have a full commission because I don't think there's anything more important certainly not gym outdoor gym equipment uh for a commissioner to be prent to vote on than districts of the city um can we hear from outside coun excuse me may I the chair uh look uh I want to put on the record the only Jerry mandering here that really occurred and let's be honest about this okay was your house being accommodated and Coconut Grove being broken in half and then my house being taken out to protect Alex gorta that then we were running against each other that's what that's really what the real jry mandering here uh was about or one of them you know now I for one don't want to put this is my opinion uh we've discussed this backwards and forwards you know and with this map uh that we're talking about it's a very minimal change the other MC I even agreed with you was drastic radical you know but this map here is is very little taken here from from there I for one do not want to put the city liable for more money for the taxpayer you know I I'm on the record here as trying to save the taxpayer $25 million okay I I think we have enough litigation in the city to continue this way what makes us think that uh things are going to change now when it hasn't changed uh in a year and a half with this judge and by the way you're correct we we did win the stay with the appellant court but uh that was because remember there was an election and I think they ruled on that election and by the way one more thing as we speak as we sit here today okay your house is out of the district technically speaking but because the judge voided and not the 24 map the 23 map and the 22 map we're now right now on the 2012 map if I understand it uh uh correctly you know and so I just want to put that on on the record you know I don't want to pick a fight with anybody uh today but I think this thing you know if if if it's if we still have time in the next commission meeting should be put to bed you know and get this thing over and done with I again I stay on the record I do not want to cost the the the city more money I asked Mr weong yesterday I called him in my office and I asked him if we go the route and and we don't have the votes to do this how much might this potentially cost us in time and I believe it was a million dollars and maybe an excess of that if I remember correctly uh City attorney can you enlighten me on that whether I am correct that was one of the things I wanted to mention is that part of this is the settlement of attorney's fees and um the ACLU had come down um from from the fees that they have on record I don't know if we could allow outside Council to brief us please and just so I say for the record all of the statistics that you guys say you didn't have didn't get I received I asked those questions I thought that in our last meeting we had come to an agreement and this is a procedural item that captures what we had all agreed to in in the shade meeting I believe there are some time sensitivities to this settlement so let's hear from and with commissioner Paro not being here if he had taken issue with it it would have been one of the items that he had requested to have deferred but he didn't please brief us on the consequences of us not moving forward today and delaying this vote to the 23rd that's fine but when he's done I'd like to address something that was said here okay but and and I have the feeling that it is the feeling of my colleagues that we defer this i' just like you to put on the record what the consequences are I am ready to move forward with it though but go ahead thank you madam chair my name is Christopher Johnson with gray Robinson um I'm here to answer this question so we have to give the court a briefing by next week as to the status of the settlement discussions um at the current time the court has stayed the case so after we give the court The Briefing uh the court may choose to no longer stay it and expect things to move forward um among the other consequences of course is uh the city's time to file an appeal of the findings of fact and conclusions of law 30 days is tomorrow so we' have to file the appeal by tomorrow and get that going as well the going back to the court the court may continue the stay until after the meeting on the 23rd the court may choose not to continue the stay and push things forward the remedial process would involve coming back to this commission and redistricting the maps again similar to what was done last year after the injunction so that would begin that process of uh meetings drawing new maps possibly using the consultant or not coming back to the commission to approval for approval of that map if there are objections by the plaintiffs then those objections would have to be heard by the court the court May then choose to accept the city's new map or reject the city's new map or Draw his own map at the trial judge Moore indicated he might be um interested in drawing his own map another thing that would be on the table is the consideration of whether or not a special election would be called currently under the settlement no special elections or no one would be forced to run prior to the end of their term but of course the the judge could change that that's one of the things that the plaintiffs had discussed and one of the things that is resolved by the settlement so the consequence is uh we have to file the appeal by tomorrow we would have to give the court a briefing next week and inform the court that it's going to come back before this Commission on the 23rd and then ask the court to either continue to defer so we can wrap this up then or we may continue litigating the case obviously that would also change the attorney's fee consideration um not only the City spending fees on litigating the case but also the plaintiff's fees would go up mam shair if I may I think Mr Vice chair wants to speak and he has the floor Todd could you put us on a f Minute Timer because I don't want us to spend an entire morning I I have the feeling I understand how you feel but let's keep this to five minutes each moving forward because we've all had an opportunity to speak thus far okay Tod yeah briefly to address uh the attorney uh neither chairman King commissioner Reyes or commissioner Coro uh voted on the last maps to jerem Mander any homes in right side of the district U so I just want to put that on the record now what I am saying is we need a full commission because this is probably the most important vote that will be taken in a long long time and we need a full commission in this uh the plaintiffs they want to get their million and half dollars from us and that was one of the main priorities that they had the judge wants us to to resolve it uh in one particular way but the bottom line is while you con and that tells ever in any case no matter how strongly it is how we could end up uh we if we would go that route and not saying that this is what is going to happen what I'm asking is a plain deferral for the 23rd and to get information and to have a full commission uh what we could do if another form of action was to be taken on the 23rd we could ask for an injunction uh a stay rather from the appell cour like we did the last time and we got to stay the last time and winning means that they don't get a million half dollar correct uh correct commissioner thank you well with a caveat to that there would be obviously fee disputes regarding the earlier injunction I mean you know you ask a lawyer possibly get a complete yes or no so that may not completely resolve the issue Madam shair commissioner Rees yes sir uh I believe I believe that uh in my opinion I mean in my case if I vote for this map it would be under dur rest is on the uh the uh uh we have the threaten we've been threatened by the judge that he was going to draw himself and uh we don't know what's going to happen there as I stated before I am concerned about this future of the city of Miami if we have now if we have now uh um we have been demanded because we uh they uh group of people believe that we J I mean wrongly so because as commissioner Caro said anyway you cut this three dist districts is going to be always is going to be a u Hispanic there uh you the amount of money that we had spent is going to be nothing compared for the demands that we are going to receive if we don't have diversity in the de is besides being not fair you see besides being not fair and not be being I mean it betrays the uh the uh the principles of the district I know that once as it happened before that there were five Hispanic Commissioners and that's why the districts came about that is my concern and the money I mean the having the diversity in the city in the city council it is my opinion Priceless see it is priceless I will pay for it Whatever It Takes because our city should be equally represented and that's my big concern about this it is my big concern about this and and I'm I'm concerned about the future of the city of Miami that's why I want to know everything that happened so uh that is me that is my opinion if I vote on this because we have to vote I want everybody to know that is under dress because my concern is real real I am not here I am not a city of Miami commissioner because I want fame or fortune and I'm not going to vote according to what happens now I see into the future and that what concerns me you see I'm turn out I don't I canot run anymore but how about the next NE next Generations see that is one and the map that has it was it was prepared by us and but the best question that I asked I mean the the first question that I asked the Grandy was are we assured that we going to have diversity in future elections with the for the next 10 years and he said yes that's why I voted for it and that is my position M commissioner Cabella yes ma'am uh thank you uh number one uh I think I I heard you say that you've been fully you know everything as I do I was fully informed of all the statistics we've had again we had three meetings on on this uh you seem to be comfortable with the map I'm comfortable with the map I I support your decision and going uh uh forward uh yes we're one member down U um can I ask you sir on the opposite end of the coin um if uh these gentlemen uh you know if we win we don't pay them uh the 1.5 million doar correct uh what do we lose how much is that going to cost us if we lose well like once again you're paying the fees for the litigation and you're also their fees will continue to go up so if we lose what can what can what can that be but Madam chair could I clarify something real quick um if we were to win we were we still um subject to paying attorneys fees because they did get they did obtain an objection that would be an issue that would no doubt be litigated um I just give the impression that it's completely off the table but it certainly would be more money than the 1.5 that now I just learned that we're going to pay anyway correct you would suppose so yes so if we were to continue to go forward more litigation fees go up obviously the plane of claim will go up as well in the last year and a half litigation you see they were asking for one point they actually were asking for two and then they uh we settled um so obviously it could be can can I just ask you one more question yes and then I'll end it there uh if we defer today to accommodate uh Mr Paro uh will this change in any way the settlement that I was under the impression that we had agreed to of the uh you know the previous sessions that we had in the sh meeting will will this will this endanger that settlement that that we had a majority to for and we I think we express to you to go forward and present the the the settlement to them uh I well if we defer it we could obviously continue to go forward with the settlement even if the judge were to say I'm no longer staying in the case continue the other process we can still do the settlement discussions and still re yes so we can just still do that so at this time at this time do I have a motion to defer re2 it's a motion a second there's a motion in the second all in favor I motion carries unanimously and that'll be to the May 23rd City commission May 23rd City commission meeting only two weeks only two weeks thank you commission there was an additional request to defer r e uh F which one4 fr4 do I have for full commission motion I have a motion to defer F fr4 until the May 23rd agenda second I have a motion and a second all in favor motion carries unanimously okay at this time we are going to open the floor for public comments anyone who wishes to speak on any items that are on this agenda please come forward uh chair I will be bringing um a resolution after we move the agenda forward and finishing touchups to it that's a pocket item it's not ready as yet um I'm going over make sure that okay public comment anyone for public comment good morning good morning Brenda Bangor 1436 I 6 Street I'm just in reference of sr4 um for the vendors in um different areas I still hear um complaints about the little vendors in Little Havana that one has been deferred sr4 Sr sr4 is deferred it's o4 not sr4 f fr4 is the F okay I had the wrong one the F I'm sorry 523 I'm sorry I had I struck out sr4 go ahead just uh trying to see if it's possible for you Commissioners to think about those small vendors there are over 45 families they still pending to actually get the approval to keep B selling their products you know the fruits the hot dogs in certain areas especially in a Little Havana I know that that uh commissioner caroo receive um a complaint for one a specific uh store owner but I please plead to you to think about those small vendors there depend in those in those sales and the street they have the health department inspections permits they have the city of Miami inspection and have the permits they PID the dues they pay the fees the licenses and I think it's only fair if we keep those vendors they've been there for 20 years in our in our streets with the real in real permit they get inspected I'm still receive Fone calls I still receive those comments every time I see them I miss those mangoes that I used to buy in 2006 myself and I believe that we have to give those who has a licensing who actually go through the process and they're legal to keep selling the products because there are 45 families that depend on it I I just see if you guys can think about something that we can actually support those people that were legal doing it in the city of Miami if for one complaint of one person all these 45 families now doesn't have a place for them to please think about it and I just hope that you guys can do the right thing for those families thank you thank you good morning good morning Commissioners I I thank you guys for serving for what you doing for the community my name is Chap Stanley young uh live at uh 500 Northwest 2 Avenue in over town area I'm here to endorse uh two programs that you guys are funding that you're doing an excellent job I'm not here to curse the darkness I'm here to shine a light I have uh seen the uh the uh Liberty City trust up close I have seen the teachers met the teachers seen the students are doing a excellent job over there that program uh I would be saying it not L I actually seen it for for myself I met a lot of the board members and they're doing an excellent job and they need your support to continue doing the good work in the community that they are doing and also this past Tuesday I had the extreme pleasure to going out with your Heat team that goes out and engage the homeless and engag those that are living on the streets uh I met met one of the officers and did a ride around the different areas of your city where they are homeless living on the street and I was so impressed how the solid waste the Heat team and your uh Human Service uh Department uh all collaborated together to actually to help those people who are living on the street you know that is my passion to help those uh ones who are living on on the street who uh don't have a voice of their own to come down here to to talk about it but they did an excellent job your Heat team is doing an excellent job I was so impressed they got at least 30 to 40 people inside the shelters for you know a day uh or seven days and and I a uh I just wanted to come and tell you that thank you very much thank you I believe the City attorney has a pocket item to read for the record so it can be considered during public comment this would be um yours Madam chair right um a resolution of the Miami city commission waving the two temporary event limitation per year for the private property located at 75 Northeast 39 Street Miami Florida pursuant to chapter 62 Article 13 Division 1 Section 62- 521 B4 of the code of the city of Miami Florida is amended titled Planning and Zoning Planning and Zoning approval for temporary uses and occupancies permit required temporary event permit temporary events in general to allow for Reserve paddle Miami events to be held from May 23rd 2024 through December 31st 2024 motion I have a um well we'll we'll take it up on the and the reason why that pocket item is being heard today is because we meet on the 23rd and the event starts motion well we don't take it up yet it's public comment good morning good morning Commissioners thank you so very much uh for being here today my name is Elaine BL Liberty City trust 4800 Northwest 12th Avenue Miami Florida I'm here to support re1 that is the funding of the Youth Employment Program through District 5 as well as the mayor it provides jobs for youth from the the summertime you have the full support of our board as well as our residents of our community so thank you for that support thank you and how many how many youth will be employed we will have employed 120 youth this summer fantastic good morning hello um hello everyone um my name is Baya I never been to a city meeting but they told me this is where you come if you want want to have a issue and you want to address it um I'm in District 5 I live in Liberty City I don't know if anybody else is in here is from Liberty City or lives there and as you know um if you live there there a lot of things that's different from Liberty City that's not in other parts and I'm just want to support this trust and if it could be more it' be better cuz I mean if it's cut off at 250,000 that's like actually 400,000 Oh that's oh I just reading what on the paper yeah it's it's 200 it's a 5050 here 150 there it's a total of 400,000 oh that's great so will we be aware of who's delegating his funds the the young lady that just spoke the Liberty City trust Miss Black is the executive director of that program and the folks with her are staff and board members of the program oh that's awesome well I appreciate that and um also I would just like to um agree with Manolo RZ he spoke on diversity is is very important in my heart I'm not I don't want to offend anybody but I kind of feel like they're pushing black people out of the representation of Miami and is I see it on the beach I see it in the way they do spring break for us there's no problem with ultra they don't bring all the cops out doing Ultra Fest for some reason the first College spring break a different city Miami Beach is a different city from the city of Miami city of Miami holds ultra Miami Beach manages spring break that's very true it's just the crowds are coming in regardless during those times and it seems like South Beach is not just for spring break South Beach um spring break is for everything in Miami not just South Beach so I just it just seems as though there's this effort I was pointing that out to you so that you could go over to the city of Miami Beach and speak at their commission meeting and let them know how you feel about the spring break issue oh okay I appreciate that but but thank you for um promoting diversity um we wouldn't be Miami without black people that's here so I would like us to be active and present even looking at the board I'm like where we at where we at where we at I got you I appreciate you I voted I saw king that's how I even knew you was you P the vote well thank you for coming thank you for your service thank you for your voice because it's folks like you that come out and share your opinion and your concerns and we listen to it so thank you don't let this be your last time don't let this be your last time and make sure you vote and if you want to participate further we have a bunch of boards the city boards that you can join a board let me know if you're interested in joining any of the city boards and I'll appoint you to a board so you can continue to speak out absolutely cuz we need Young Folks like you to come share and help make a difference thank you I appreciate that one one more thing I'm sorry I get out of here uh is concerning the maintenance of Liberty City I just wanted just specific reason they cut off the lights on our parks at night that we like all parks the lights go off on all parks I can't say I done play basketball on Parks at that they had any lights on ours off I have a seat and I'll have the parks director come out and talk to you you know he's got a good point here if I go through you m Mr manager and by the way you guys I let him speak for as long as I let him speak because it was his first time that's all Mr n you come all the time yes Mr manager the Mr manager can you have um director Evans come out and speak to that young man about the issue with the lights going off on the basketball he had he had a good question if I may recommend Mr manager that we look into putting uh as many of of new lights in our parks that are solar um this way there's no cost to us they stay on at night for security also uh we don't spend money on electricity that's what we have placed in uh Maurice Fay Park and we're putting more uh and it's been a great success in having solar lights there absolutely commissioner we'll take it consideration did you call director Evans okay great okay good morning how are you today good morning just fine good morning City commissioners and staff uh my name is Carrie Johnson 29 Northwest 52nd Street I'm here for r 11 which is basically uh the funding that you give out for the living City trust you do a great job in that in in the summertime it keeps the youth from out robbing and steing and doing things and they appreciate the money that they get for that summer so they can buy like books and things like that going back to school and they're staying out of trouble and I just wanted to thank the commission for approving that thank you thank you thank thank you for coming is there anyone else that would like to speak good morning good morning Commissioners my name is Christy Tasker I live at 150 Southeast 25th Road and I also serve on the code enforcement board which all of you appointed me to which I'm grateful because I've had the opportunity to meet with a see a lot of the situations that are happening within the city as a whole including a lot of what happens on our code enforcement boards that we have codes that really need to be changed um when it comes to our Airbnb we have a lot of airbnbs that are hurting our city as a whole we have a lot of residents that are being fined for doing work with inside their own house such as replacing tiles and basic things that how would they ever know we have a lot of residents that are also buying properties and then code enforcement is going in thereafter and um they're having great fines which are causing you know a lot of issues as a whole last night we had a doctor that came before us that he and his wife both serve the community as Health Care Professionals they actually go into the homes their home had been pretty much you know there there was all kind of photos of inside their home um that was made available to the public so some of these issues could be stopped with you know some limitations on when these properties are transferred um that we have some amount of limitations in our code that you know they're either either required to know prior and I get understand that some of this is State Legislature but we should also be able to do make some changes within the code enforcement board itself or the or your you guys as legislators so that we're not having to rule on basic things um that harm people but yet what I'm not seeing is developers I don't see a lot of developers and even when they do have developers I'm also seeing lobbyists appear with those developers um to reduce Their fines um there are developers that are actively hurting our community they're act actively on private property of other buildings but yet nothing's being done with those particular people so I just want to bring that to your attention I will be requesting meetings um with all of your Chief of Staff thank you commissioner Rees Madam shair let me tell you I agree with everything you said and uh I uh I'm requesting the the City attorney to start drafting so uh some uh legislation uh and how to deal with the airb Airbnb because they are a nuisance and besides that many people don't understand they represent uh they are one of the culprits that they are property values and home house values they have go up because if you buy a house and you use it as a rbnb you what happens you have a little more Hotel there you get a lot of money it's much better than that to use it in that fashion than to have it uh in a market uh for rent or for sale I mean I agree with you 100% and another thing that I want to add and I I brought this up when the uh last Tuesday is when I was a member of the uh code enforcement board I brought about uh a legislation that uh any sales that takes place of any home of whatever a property that before the closing that an inspection should be made because many people in Good Will they buy a house and buy the house is full of uh of I mean things that have been done the violations that they have and and the person they don't know it and after they sign the papers they have bought themselves a problem yes they have bought themselves a problem and I would like to see I mean try to work on some legislation in that aspect I know that some people won't like it particularly the Realtors but it is it is uh it is to protect a future buyers and and the residents of the city yes you see I I I would like to see right agree with you so the board understands the majority of of the the Condominiums Downtown and in Brickle um the majority of the manager state that their problems internally even come from Airbnb properties they're costing us fire they're costing us police they're actually making drugs within the airbnbs themselves but what's really interesting is I'm very rarely seeing any of that come before the code enforcement or the nuisance board um but yet and then that I'm not seeing very much on the developer side but the only time that that it's really brought forth is when a resident consistently calls and it is a job um to consistently call and have to combat in your neighborhood there's one woman um the neighborhood is like a five million doll and up neighborhood where we'll meet with you as you stated you'd like to meet with us and um at the Airbnb is a is regulated by the state of Florida because I would like to change some of the regulations for Airbnb particularly for short-term rentals to be only Homestead Properties but we don't have the jurisdiction because it's regulated through but we need to we need to move on move on with our agenda so we'll we'll if I could just make one request that you guys um have the City attorney get with the the code enforcement board to potentially help draft some legislation that we could all sign off well they actually do you a City attorney does staff the code enforcement board so corre the board itself could make that recommendation for the City attorney to start drafting legis that's the reason okay so we we we made that recommendation to her last night so I just wanted you guys to know perfect thank you thank you seeing no one else for public comment the comment public comment period is now closed iov everything wish okay but I think I I think we can go pretty quickly through our agenda today may I have a motion to approve the city of Miami commission meetings for March 14th 2024 second I have a motion and a second all in favor I motion carries unanimously with respect to the cons agenda are there any items that my colleagues would like to pull for discussion no so may I have a motion for CA 1 3 four and five I have a motion in a second all in favor motion carries unanimously uh may I have a motion for ph1 move I have a motion I have a second all in favor motion carries unanimously which brings us to our resolutions which are mitigations re1 Madam chair if you will Mr spring you are recognized thank you good morning uh chair commission um re11 we need to make a uh modification on the record that modification is simply to remove one project off the project list which is the Bayfront um Fountain project that will be removed R11 R9 sorry R9 re9 is is what now that is the bonding item the authorization for the bonding item what what about it can we when we get to that item because it's not what we're discussing right now so let's finish with our mitigations and when we get to re9 I'll have him come back up and make the statement re1 mitigation 284 Northwest 45th Street morning Commissioners Robert S salor co- compliance director uh mam chairwoman Vice chair re1 is the mitigation of a property located at 284 Northwest 45th Street the respondent is benzor LLC the violations are for uh construction work without permits parking and storage of inoperable Vehicles failure to maintain exterior property and failure to maintain lot in Clean safe condition noov was issued on March 4th 2021 adjudicated on April 13 2021 compliance was met on March 1st 20122 it ran for 321 days AC crewing a total of 80,000 8,250 the offer from respondent is $1,375 which is 15% and and Council Nicholas and I spoke yesterday about multiple cases so I'm sure he'll have something to add good morning good morning Madam chair members of the commission Nicholas Rodriguez from the law firm bur howal Rell Fernandez Lin and tapz 200 South this game Boulevard here on behalf of benu LLC um this property owner uh purchased the property in 2020 it was a very rough shaped duplex um they made a very poor decision in hiring a contractor who did not pull permits um and basically left the site a complete mess left them holding the bag uh since then once they became aware of the issues uh they obtained a permit on Mar March 25th 2021 before the the item had even gone to the code enforcement board uh and completed compliance with the violation in less than a year from the date the violation uh was actually issued uh so we are respectfully requesting that the 15% offer uh be accepted by the commission uh and we knowe that the the silver lining in this situation is that there is a basically brand new duplex in this neighborhood that has been constructed completely with permits legally in accordance with the requirements of the city uh and for what it's worth this uh owner has other projects in the city that are participating in the attainable and mixed income uh programs that the City offers so this is an affordable housing developer this this uh home will be rented affordably uh in the next few months when they finish construction uh and we're just asking to to be done with this uh violation that has caused them a lot of Heartache Mo motion not yet do you have anything to because in my notes I have the word egregious here so during my briefing you must have said something was egregious here so the violations that they were um identified and issued there were multiple now the flip side of that coin is when we discuss the other cases right we're going to talk about gravity of violation which is here but there's no there's a limited history on this cases we had three code cases in the past 15 years four solid waste cases and two building cases when we look at the scope of all the violations uh they didn't have a a high number of recurring violations um these who went by the process and and in the responders defense they did correct the violations within a year so um what is 15% of this 80,000 12,000 of the 15% of 80 80,000 to 50 is 12,37 with 50 cents and I believe that's what they're offered corrected and through the chair right we would uh point to we agree that the violation was egregious I've seen the photos it was a terrible site um they immediately jumped on cleaning it up they had applied for a permit or getting their permits pulled before the item actually even went to code enforcement board and they had a compliance state so I'm going to ask for 15,000 a clean 15,000 do I have a motion move second I have a motion in a second all in favor motion carries unanimously thank you as amended as amended thank you madam chair re2 re2 is a mitigation of a property located at 1080 Northeast 80 Street the respondent is 80 streets apartment LLC there are two separate cases uh run in parallel uh the first case um c282 5352 is for construction work without permits the second case a um CE 201802 5562 is for operating without a valid CU BTR the violations were open on December 11th and December 14th 2018 um adjudicated on April 4th and May 6th uh of 2021 the violations run for one property 449 days for the second one 488 days acre a total of 112,000 and 122,000 uh respectively collectively they come to 234,50 the respondent has offered $115,000 for each of the violations which is 30,000 which comes to 12.8% question is this the same uh owner no sir is 80 Street Apartments LC they just happen to be represented by same Council LC also yeah go go ahead good morning again Nicholas Rodriguez on behalf of the owner ads Street Department LLC bur alel fernandz Len and tapz 200 South this game Boulevard for the record uh this owner uh they purchased the property with a partner um they did put in the windows without a permit uh upon being cited they did a uh obtained a permit to legalize those windows and then realized there was additional scope required they did a full gut renovation of the property and that's why the the violation ran for so long because they were doing the work to completely renovate the property uh it's now a beautiful 4unit apartment building that's rented um at rates that are are quite affordable for the neighborhood um and you know we agree with with the compliance dates that director Santos abor has put forth um and our offer is $30,000 we also want to point out that there was a third violation issued during the same time it went to code enforcement board for mitigation and they will be paying $45,000 on that violation so in total they're going to be paying $75,000 to the city um they are working on other projects in the neighborhood completely with permits completely legal uh including the building right next door at 1070 Northeast 8th Street they'd like to continue rehabilitating these buildings in the neighborhood um but they they'd like to take care of this violation and mo first so so here's my problem when they buy these properties you have notice and you can't we can't just go and improve properties without getting a permit we can't we can't set that precedence at all for the two I'm asking for 15% combined combined so we'd have to figure out what that is 15% comes out to 35,37 50 sense um collectively and we can divide that by two and I'll do that right now we accept that'll provide that so he'll accept that as amended 15% for re2 do I have a motion motion I have a motion in a second all in favor all right motion carries unanimously r that was two and three right r two and three no that was just two that was just two it was two we have a few to go in two re3 re3 uh Commissioners ra3 is the mitigation of a property located at 5582 Northeast 4th Court respondent is Marx Classics Corporation the violation is for operating without a CU BTR and for construction work without permits uh the notice of violation was issued on uh February 10th 2021 the adjudication took place on July 14th 2021 it complied um I have a total of 444 days uh for liance and collectively acre a total of $111,000 I believe respondent is offering $115,000 and that is how much percent and that comes out to 13.5% if we wanted to go to 15% the amount would be 16,650 for the record for the record again Nicholas Rodriguez balel Fernandez Lin and tapz 200 South B G Boulevard here on behalf of the owner Marx Classic this is the longtime owner of the 55th Street Station Mark SOA who brought these uh retail establishments to the neighborhood in the late '90s early 2000s uh when it wasn't exactly a place where there was a lot of new business and investment coming in um the reason that we're offering slightly below 15% here is because uh just to cut straight to the point the the permit was obtained and closed in April of 2022 and the CU was not issued until January 30th 2023 they immediately applied for their CU and it took 9 months of you know errors uh that were erroneously rejected is that true yes it is um the the I'm going to accept your offer do I have a motion motion I have a motion and a second all in favor thank you should never take nine months to issue and that operator uh is a is a very good operator she followed up with us trying to reach out out so um I'm putting that on the record we talked about uh thank you director that operator re4 and that'll be re3 as amended in Mr code enforcement director you're you're okay with the dollar amount you know what the dollar amount is I'm sorry you know what the dollar amount is that's amended for re3 yes sir okay okay as amended is a 16,650 for re4 re3 re4 no wait a minute re3 it should be 15,000 correct it was not amended 15 it was not amended it's not accepting R3 has to be amended because there's a blank in the legislation what I'm trying to get confir confirmation on is the dollar amount 15,000 15,000 15,000 as amended thank you REI four Madame chairwoman uh Robert T co- compliance director R E4 is a mitigation of nine properties I'm going to read into the record because there's a Unity of title I think uh Council will have appreciate that this is for property addresses at 704 Southwest 7th Avenue 712 Southwest 7th Street 716 Southwest 7th Street 720 Southwest 7th Avenue 720 Southwest 7th Street 734 Southwest 7th Avenue 701 Southwest 8th Street 705 Southwest 8th Street and 721 Southwest 8 Street the nine properties uh code has issued five violations uh the violations um are for operating without a CU and BTR and there's uh one of them were in addition well two of them then in addition we had the uh storage of vehicles the violations have multiple dates I'm going to put into the record uh a 712 Southwest 7th Street kce 2019019 235 for certificates of use business ACC sheet and uh Vehicles stored without the proper uh permits andov ISU on October 3rd 2019 adjudicated on October 20th 2020 compliance was met on October 18th 2022 running for 727 days second case 720 soua 7th Avenue case CE 201900 9611 also for operating without CU BTR uh noov issued on May 15 2019 adjudicated October 3rd 2019 I have an earlier compliance date confirmed by way of building permits of 9:30 2020 that violation ran for 366 days or 91,5 third case 734 Southwest 7th Avenue ce2 201900 9619 for operating without certificate of use and BTR inov ised on May 15 2019 adjudicated October 3rd 2019 that one also ran for 366 days compliant was met on 9:30 2020 and the last case I have is 701 Southwest 8th Street n for operating cu you without a certificate of use business tax receipt are not temporary use permit noov issued October 3rd 2019 adjudicated October 20th 2020 uh compliance on October 18th 2022 it ran for 727 days collectively collectively the fines add to 546,000 are uh a number of factors that he wants to put on the table uh contribution to the marketplace uh and the economic impact to the area what is the amount again collectively the total amount is 546 525 546 yes sir 5 525 5 okay originally I had an 874 but there's support evidence yes ma'am okay I have there support evidence yes and so with the support evidence that I met with Council and discuss of the prior permits that's how I made the adjustment one was said um I'm sorry I was going to say I'm deferring to Vice chair this is in his district district three thank you chair yes sir what I apologize uh when was that done do you met with them on that I'm sorry sir when did you meet with yesterday them on yesterday in preparation for all the cases he reached out to me and said we have support evidence that there's an earlier compliance date and that was confirmed um throughout build okay um very good go go ahead so collectively the amount is 546 525 uh again I met with Council their offer is comparable to 8% uh is 43,7 with 25 cents but I I think uh uh Council will elaborate further better than me thank you Mr director I appreciate your time thank you for the record Daniel Diaz Lea de Pitney uh address 396 a alhamra circle 14 floor Coral Gables Florida 33134 um good morning Commissioners and staff thank you for your time this morning I'm Daniel Diaz lean I'm councel for 701 Associates LLC in connection with this item I was retained earlier this year by Mr Mario mgalo Mr William Diaz rouso who joins me today his general counsel and his executive team to assist addressing these code enforcement violations as ownership finalizes the project at this site in hopes of continuing its long-standing record of economic impact and job creation in Little Havana Miami generally and our state through its network of automobile dealerships the nature of the development of the site the timing of Permitting coinciding around the beginning of and through the duration of the pandemic and the typical delays of the process and construction of a project of this size and scope caused a delay in our ability to resolve this issue any sooner now that the project is nearly complete and our ability to secure a certif certificate of occupancy is cond conditioned on resolving these issues we look forward to bringing this issue to a mutually agreeable resolution today we've been actively meeting with the director as he said assistant City attorney rasco to address the violations and ensure proper compliance procedurally to mitigate the fines assessed as a result of these violations we want to thank director Santo alorna and Assistant Attorney rasco for their professionalism and cooperation in navigating this delicate matter which we have taken very seriously it is in the spirit of this cooperation that we're here today to bring this matter to a conclusion and respectfully request as the Director said approving a reduction originally of 5% which has been increased to eight of the total fines owed as you're aware our client has been actively engaged in our community and a committed corporate citizen in Little Havana for decades at Brickle Motors and particularly for 23 years we respectfully request the city consider our clients years of economic activity and job creation in the city when considering our proposal for mitigation along with the material investment our client has made in the community to date and continues to do through the development of the parcels subject to these code enforcement violations for this project alone we've already delivered payment to the city in the amount of $2.1 million in Impact fees once completed the new automobile dealership contemplated on this site shall consist of a new Chrysler Dodge CH showroom and storage facility for its inventory which shall further uh provide compelling economic activity and job creation for the city today rickle Motors employs 318 people in its facilities once this project is completed we anticipate hiring another 90 employees for the new facility with an average salary of approximately $75,000 we hope you sharing our enthusiasm and excitement in the growth of this particular area of GAO where our client's business has been a long-standing member and committed to continuing to invest in and further develop its Holdings in the surrounding area for the near future thank you for your consideration Mr co-director uh yes sir first let me acknowledge that uh you're looking into each case individually yes sir and you're trying to and I see that today be as Fair as you can yes sir you found that I guess previously before you got here for some reason someone in code for 20 months or more didn't see that they had complied and they kept F the fines going on I have my own opinions as to why that happened but I'm sure that that is not happening with you now nor will it happen into the future I remember uh one of our dearly departed uh the uh former Charlie Cresco telling me in the early part the first few months uh when I got elected uh for the first time