##VIDEO ID:sMCQx2k-Ryc## [Music] [Applause] [Music] [Applause] [Music] [Applause] [Music] [Applause] [Music] [Music] [Applause] [Music] oh [Music] [Applause] [Music] [Music] [Applause] [Music] [Music] [Applause] [Music] [Music] [Music] [Music] we [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Applause] [Music] oh a [Applause] [Music] he [Music] he [Music] [Music] [Music] [Applause] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Applause] [Music] [Applause] [Music] [Music] [Music] he oh [Music] he [Music] [Applause] [Music] a [Music] he [Music] you [Music] [Music] [Music] [Applause] [Music] [Music] oh oh [Music] [Applause] [Music] [Applause] [Music] he [Music] wo oh [Music] [Music] [Music] w e e e e e e e e e e e e e going to reopen the city of Miami commission meeting for October 15th 2024 welcome back everybody we left off with our Planning and Zoning items Mr City attorney would you read into the record the title pz3 right yes that's the only one that requires you to read the title pz3 an ordinance of the Miami city commission amending ordinance number 13114 the zoning ordinance of the city of Miami Florida is amended Mii 21 code specifically by amending Article 4 table three of the Mii 21 code titled standards and tables building functions building function uses to permit Recreational facility uses and Community facility uses in CS Civic space transex zones by right and to amend article 10 specifically section 10.1.5 titled General requirements and table 15 titled specific sign design standard C to allow for certain illuminated signs in CS Civic space transex Zone by right making findings containing a separability clause and providing for an effective date thank you I'm going to um entertain are there any items that we'd like to pull to discuss and I know we have to take this one by one we can't group these items if I may I uh commissioner Reyes uh we uh we talked about uh specifying the sience remember uh U Mr City attorney we specified the sience and the work couple of sections right so I didn't hear you say anything about that so we're talking about pz3 and um during our briefing you expressed concern about um the portion relating to signs and um so the planning department provided um some alternative language yes um now I just want to give the commission the choice and you commissioner the choice um the signs that are referenced in the ordinance are they're already in Miami 21 code the warrant requirement was just to allow the signs to be illuminated to have a a light on the sign um what I said was but if from from the ground up from the ground up right they that size from the specifically from the ground up you see and uh and I don't know if I asked you and you said that you were going to include it the other Commissioners or the uh so what we did was we or or the planning staff distributed a version that removes all of the sign language if you want and then that way the administration can come back and robustly look at all the signs for parks and stuff like that so their choice is to include it knowing that it's just um a warrant to eliminate the sign or to take it out if it causes too much confusion it's it's totally up to you and how about the uh the exception of uh museums and uh and libraries yeah so I'll let the planning director uh through the chair um so David snow with the planning department so we have updated that language uh so there's now supplemental requirements for if you're doing a museum that's right or a library that that will still be a warrant process absolutely they have to go come through a warrant not my right that's what I'm I'm staying okay okay okay okay fine so um hold up let you have a question CU I wanted to go in order pz1 PC2 PC3 which commissioner gabella which one you had a question on P3 I got a question on PC3 while we were speaking about it go ahead because we already started on PC3 may I proceed please okay so so to be clear is this only about the sign or or I uh I wasn't I didn't attend the the uh briefing as you guys know but you know so so this doesn't have to do with the gym equipment does it so this has to do with Recreational Equipment so makes so how how did that wind up here the the the uh the sign sh so when we were looking at a way to um change the code the idea was um there were different things cuz the issue was presented to the administration is why does the city need to request warrants for things that slows up the creation of parks and stuff like that so the administration looked at the Cs um chart is it article three table four article 3 table 4 and looked at what those items are that require a warrant versus by right um those items were recreational facilities as well as Community facilities and then in other conversations with your colleagues there was a notion that it's too difficult to light a sign in a city park as well so could we remove that warrant requirement um so those were the three things that were focused on and um and that's how that ordin it's it was intended to be more comprehensive as an ordinance okay thank you okay I'm done with my question Madam chair commissioner Paro I in our briefing we didn't talk about recreational facilities and Community facilities so I'm not sure how that factors in with the master plan and if it's something that would not have allowed the residents to move forward with the gym equipment I wouldn't be supporting it but I don't know enough so I I if we can defer this item and I could have a little more time to vet it I would be appreciative I'm sorry Todd was speaking what did you just say I was asking if we could possibly defer this just because I really haven't had time to kind of vet it or look at the master plan pz3 pz3 we all have the opportunity to be brief add it by the administration that's where the question should have come in but from what I'm seeing we're ready to move on this mad Madam chair I would just clarify since you didn't hear the whole thing in our briefing we didn't talk about recreational facilities and Community facilities and if this is something that would impact something like the gym warrant that had come up where residents didn't have any other way to express you know that opinion then I would want to take a closer look and just didn't in our briefing it didn't come out okay so can we can we take pz1 and then we work our way down I would I would recommend that you do pz3 first um because pz3 could determine whether and when pc1 and two are hurt I'll put the motion for PC3 hold on hold on hold on I just lost it okay uh there's a request to defer pz3 there's a motion okay a motion to defer pz3 no no what's the motion forward the motion is to approve the ordinance on first reading in PC3 do I have a second so let me from my standpoint let me be clear okay uh I was not in the briefing I did not it's the only briefing that I have not attended since I was in since I was put into office in the sub segment because I can not attend and we were having a one of those Zoom things which I personally don't like anyway but I couldn't attend and plus it was on the eve of a hurricane right yeah yeah exactly you know U I've made my comments where on the gimm equipment uh Fiasco here that that you gentlemen you know let's come on and say it have a problem with both I have already said that in the beginning I was on your side that you know it should be and then it was put to a referendum I think the people spoke I think we got to honor what the people said you know so I'm um but however if if commissioner P says like he's got to look at it again you know I mean I will give you the benefit of the doubt at least on that side but I will on this I will be voting yes to finish with the gym equipment and have it installed because it was put to a referendum and the and the people spoke that's my two cents so that's where I'm at but I'm willing to you know to defer it to to give you this wouldn't defer it this vote okay so I will uh take my motion uh out and then I will make a motion on pc1 motion for pc1 is there any discussion on oh absolutely I I don't think that we can get away with not having discussion on this item I see attorney lining up come on up good afternoon Amanda Coran office at 1395 Brickle Avenue outside Council for the City of Miami on this matter um this matter has been discussed at many meeting many different meetings it's our position that the reconsideration is appropriate and it's also in accordance with the referendum that was approved by 80% majority so we would encourage um this commission to vote and um Grant the appeal sir good afternoon Madam chairwoman Mr Vice chairman Commissioners this body may not proceed with reconsideration of the final decision of May 23rd to deny the appeal from the PAB it would be an abrogation of jurisdiction to do so so whatever may be a good idea or not a good idea or good policy or not good policy or the voters or not the voters this body lacks jurisdiction to entertain the question altogether how do we know this we know this Madame chairwoman are we starting over with the presentations or are we just I really don't want to um you spoke this morning at public comment I understood but if my colleagues need to hear what you have to say again I am not going to stop you because you are here for the py item and interested parties are allowed to speak during our pz items it's separate from public comment but I I get it and I just for the record as well I agree with commissioner gabella this should be put to rest the vote voted we should reconsider it and you in your in your statement you said we don't have the authority but you forgot to say in your opinion because a court would have to decide if we don't have jurisdiction to reconsider this but from what I've been told by our City attorney by our city clerk this is well within our jurisdiction and again 80% of our electorate even in District 2 there was not one Precinct that did not vote in favor of the gym equipment so on this issue I think it's it's it's a foregone conclusion and if my colleagues want to hear your presentation again or um Miss Kirk's presentation again I want to allow you to do so because I don't want to have any problems later that I didn't let anybody speak etc etc but that's where I am on this understood Madam chair one clarification I'd like to make obviously the residents don't agree with that they think that question was misleading and that's currently in a court of law being contested I do want to hear what is the case law that makes you say that we do not have jurisdiction and then if that is the case are we opening ourselves up to yet another lawsuit based on our what we decide to you know either way it goes we're opening ourselves up to a lawsuit because if we disenfranchise 80% of our electric it we open ourselves up to a lawsuit uh if we you know either way because we live in this litigious society and just because someone brings a lawsuit and you can find case law to support any side that you're on and every attorney knows that there are pros and cons there's case law for this there's case law for that so that doesn't move me if he has case law it doesn't move me if she has case law ultimately a judge will decide having all the facts but we we as a commission we need to put this issue to rest and just like I just said you know you have vot you have residents that are saying the referendum language was misleading okay a judge will decide that I don't think it was misleading but that's just my opinion and again my argument in favor of it not being misleading is that at least the voters in District 2 would have voted against it because there was such a big campaign against the gym equipment but it passed 80% I don't know how we disenfranchise 80% of Voters in the city of Miami so I I would like to put this to rest commissioner Paro the campaign was only done two weeks leading up to it because it wasn't understood that it was a binding referendum most people thought it was a simple straw pull that aside though I know the plaintiff wasn't able to make it and I know you had asked in public comment for this to be deferred until the plaintiff could be here to you know to represent uh the residents I don't know if that is something that we would I don't you typically if you if you're represented by Council it doesn't matter if the person is here specifically because this person represents I he's going to say the same thing that his attorney says so I don't think we're disenfranchising the plaintiff by listening to his counsel uh but again it's the will of my Commissioners I'm ready to move this forward I'm ready to vote for reconsideration will of my um Commissioners do I have a motion there's a motion I have a second may may I respond hold on a second ma ma'am I I'm not when I get the motion in a second then I'll have more discussion I'm I'm not going to forget about you ma' the only thing that I'm saying and and I have repeated it and I don't know why sometimes the Law Department what I tried I mean in muddy the water in a way that it makes it more difficult not really really the people spoke people spoke 80% 87% it's just like the uh the uh the Inspector General 80 something say yes now people speak that's that that that is the Democratic why and the the uh if it was not a campaign against it it is not the people's fault you see it is not our fault that I am in favor or against is irrelevant is irrelevant and now when my only concern about the pc1 it is if we reconsider and then we vote against and that we open an up a Pandora box that anytime that something happens well I would like to reconsider now if I have the vote the deal with uh with Mel see and and that is what the only reason that I will vot us but I will vote that to do what the people that that what people voted for and let's place this to rest that's what the only reason that I would not vote for easy one but let's put this to rest if there is uh now there there is um um if if there is now we we have uh a lawu against the referendum let the judge decide and if the judge decide that it is not valid well then then you take the the I would say Infamous because they are not even famous I mean have created so much problem you get the infamous uh uh exercise equipment out of it because the judge will say so and that's it I mean I don't know why you guys you try you why you guys try to make it so difficult you see it is very simple people speak you see okay now leave it like the way it is okay there is no need for the reconsideration that's that's that's what it is and and and if you if we vote for rec consideration regardless if I like it or not if I want them there or not you know that I voted against it what we're doing is we're opening a pandor box now a year from now or at any time anyone of us would said well I want to reconsider the vote that we had and if you have the three votes and you reconsider you you understand when I'm going yes but that's exactly what we did with the Billboards that's we didn't like it and it was reconsidered so that that's right but those are actions I didn't I didn't I didn't like that route either but it was done within 30 days within 30 days you see that's the rule I mean but this is a long time so again again here we are we have PC no up because then you're you're doing exactly what you said you didn't want to do disenfranchise 80% of the electric the borders it should stay they should stay there okay leave it there I me well open it up it there well that's what P that's what pz1 begins to do I think commissioner Coro wants to say something and commissioner part would like to speak again and commissioner gabella you're okay no no I'm listening I'm listening okay I'm keeping my thoughts to the end okay problem um chairwoman first of all let me say this for the record that um Council for the plaintiffs spoke all he wanted to when this came up the last time before this body the plaintiff himself spoke and his under the record the main plaintiff and several of the others now you know maybe the world is turned upside down I don't know but when I'm being told that the residents are not getting the rights you're talking about six people that were recruited by Mr partu to F the lawsuit and when they asked the question where was the money going to come to pay for the lawsuit he told them where it was going to come from he was putting a pack a pack was going to pay for and where did the money from the pack come from from individuals that want the Omni C to be passed because they're going to cash in and all that money from the wife of one of the people in the billboard companies is in our Parks uh from bar owners on a stre that are suing the city and their corporations and others so for for this game this Shai to be played it's outrageous when you have one person responsible for all this here The champ 80% of the residents of Miami voted for the exercise Park equipment two weeks they had weeks that they were campaigning they had the local tabloid that came out with editorials they spent tens of thousands of dollars in an election campaign so anything else that they want to tell you it's just fake news totally on this having said that what they like to do is to keep this in in limbo that the vast majority of residents of Miami that voted for this and others can use outdo gym equipment that has been installed and paid for that's not right there's no City in the Free World that would do something like this the pc1 and PC2 that's the way to move forward and anybody that wants to bring something else up in the future you can make quite a difference between this that was approved by a referendum and anything else I don't think we're going to get anything before this commission that had been approved by a referendum so that's the big difference here PC3 will also handle this and that's in first reading so we could go through PC3 also on first reading and bring it back but we should move forward in pc1 that passes then go with PC2 because of word going to be saying that we're going to listen to the people and 80% voted and we're going to listen to the 80% then we're going to be making a mockery of those statements if we don't act upon it already miss Quirk I think that um the point your point has been well taken which is this appeal process has been going on for a year while the equipment has had a rope around it um and at some point it has to end so the appeal process needs to end you you have the Administration has heard the voters has heard the uh commission and they have provided two avenues for you to address this issue you can either address it through pz1 and pz2 for just this specific issue or you can address it through pz3 because it is your professional planning Department's opinion that the city of Miami should not be spending resources to apply for warrants for exercise equipment in public parks so there's two Avenues um they're both before you and they are recommended by your professional planning staff so I would encourage you to conclude um conclude the issue so that we can move forward sir thank you as I was stating this body does not have jurisdiction so whether it is a good idea a bad idea or otherwise py one is the question of should we Recon cons the question and pz2 is the actual reconsideration of it so to commissioner paro's question if this proceeds to pz2 we would request a deferral because Mr Smith and Mr karna are not here and they were going to make the presentation they're both on work trips that were scheduled in advance of the special meeting but I can talk about pz1 right now pz1 this body lost jurisdiction when the time to appeal expired I understand at the previous meeting Miss Quirk explained correctly that the city of Miami cannot appeal certain decisions of the commission because it's the city appealing itself that may in fact be true but it's irrelevant to the legal analysis and to say that the city holds jurisdiction of a quasi judicial proceeding forever because it cannot appeal affords the city a greater right than anyone else in the city would have so the case law to the question that was asked the seminal case is Mills against Lis painton company 125 5 Southern 2 745 Florida Supreme Court from 1960 and what that Court said was it has frequently been held that administrative agencies have inherent or implied power comparable to that possessed by courts to rehear or reopen a cause and reconsider its action or determination therein where the proceeding is in essence a Judicial one it's also generally recognized that the power to rehear or reconsider must be exercised before an appeal from the original order of the administrative body has been lodged or for such order has become final by lapse of time without a timely appeal in the case of small SM L against the town of Jupiter the fourth district court of appeal in 2003 applied this exact situation from Mills against Lis qu holding that quasi judicial determinations made by local governing bodies are subject to those rules we also cite Reich against the Department of Health a first district case from 2004 recalling that a request to vacate a quasi judicial determination is untimely if it is filed after the time for a timely notice of appeal has expired so the explanation that has been given by the City attorney is that Mason's legislative manual would permit reconsideration it's not true because that applies to legislative enactment not quasi judicial determinations where this body is acting as a court subject to possible appeal to the Circuit Court and in fact even if we were applying Masons which we are not Mason's manual States at section 4 61 subsection 5 when an appeal has been decided and the subject matter of the appeal disposed of it's too late to move to reconsider the vote on the appeal when there is no appeal taken this clearly applies so to commissioner reyes's Point whatever this body whatever the city may end up doing with the gym equipment by virtue of other mechanism of law or not one thing that it cannot do because it would set a very dangerous precedent would be to go back and reopen something that is judicially closed osed because there's no principled reason why any other quasi judicial decision could not similarly be reopened months later or years later and that would be a very damaging thing for this city to do and would also undermine public faith in governance so whatever the city thinks is appropriate it cannot reopen last point if it were to reopen if it were to assume jurisdiction that this body does not have or alternatively were this timely which it is not the May 21 code the rules of evidence that are set forth in this City's code are expressly clear that new evidence may not be considered what can be considered a denovo review of what was considered by the PAB and to the extent that this body already held a quasi judicial hearing back in January which was eventually deferred several times and decided in May this body may not consider new evidence that was not uh considered by the time the matter became final which it is so the election which was subsequent is necessarily excluded now there are reasons if if we go into PC2 why the PAB ruling should be reaffirmed if the if this body were to assume jurisdiction we think illegally but I'm trying to separate pz1 and pz2 because they are discret legal issues and if this proceeds in pz2 we can have that discussion but for pz1 we would request that reconsideration be denied and if it proceeds to pz2 we would request a deferral so the app could be present I'm going to allow Miss Quirk to speak now a couple of things to correct for the record quickly one is an allegation that Mr Smith did not receive notice that notice is provided in the backup to um that is in the online package and it shows that he did receive notice by certified mail that's one thing um so the fact that that he's not here he is represented by Council and therefore the notice issue is um ineffective the second thing is as you said uh you can always find case law every lawyer can find good case law um we would not suggest the city would never suggest that you should have uh a blanket policy of reconsidering quasa judicial items however in exceptionally exceptionally limited circumstances the reconsideration may be appropriate if if this commission deems so and in this case and I think it was noted by uh commissioner CYO I don't know of any other circumstance where an item has been approved by 80% referendum at after after the uh qu judicial item so the quaz judicial item was considered at a time when when this commission's uh was informed that maybe there was a concern by the residents that turned out to not be the case in fact 80% of the residents were in favor of the gym equipment and getting and getting the gym equipment open so in these exceptionally limited circumstances Man versus Department of Professional Regulation 585 Southern second 1059 Johnson versus Terry Hunt Construction company there are many cases that support the proposition that in exceptionally limited circumstances this board May reconsider the item so I would encourage you to um Avail yourself of of one of the Avenues to move forward with the exercise equipment that has been roped off for an entire year I like to hear from our City attorney as well because I believe in my briefing this was our city attorney's path forward to put this item to rest or not is that correct Mr City attorney yes and I think um M hand gave a great um presentation which is you have two options really um the Robert Frost poem You Walked upon um two paths in the forest and you could choose to choose one path or The Road Less Traveled um pz1 and two are reconsideration of the item and um as we've said we believe it's within the jurisdiction and the Authority Under Mason's and and the rules of this procedure uh or the rules of the city commission um to move forward with that however if you don't want to create a precedent or you're concerned about going so far back with a reconsideration um pz3 offers you the opportunity to um eliminate the need for pz1 and two because if you adopt pz3 thereby eliminating the requirement for a warrant um then you wouldn't need to reconsider the item so that that is another path um probably the easier path and to explain why um and I know uh commissioner Ray is your lawyers ruin everything right um why are we complicating this issue we are complicating this issue because the um app Council has pled in court in the action that is currently pending that the city cannot um Grant a warrant via the results of the referendum he has argued to the court that that would be in violation of the Florida Statutes which says an initiative or referendum process in regard to any development order is prohibited so um while the question was very clear as far as shall the gym equipment remain in the park there remains a question of this city Commission denied the request for a warrant so we have that pending issue there we've got the gym equipment in a park it can't be removed per 80% of the people of Miami's decision um but how do we open it how do we let people utilize this equipment how do we remove the fence and uh and let people use it right so those are the two options that we presented you could either reconsider the item um you don't really need a record because it's just basically if you reconsider the item the the record travels with this case um you had like three hearings on this I believe before you ultimately decided the um question on the um the appeal so there's no need for a new hearing it's not a denovo hearing it's just basically the city commission reconsidering not re rehearing or it's not a new appeal it's a reconsideration of the existing appeal with the record that traveled with it from day one so um so your options one and two are to reconsider um option three is to change the code to no longer require a uh warrant for gym equipment in a park and that would obviate the need for one and two arguably um so th those are your choices commissioner okay so the way I see this is look one and two gets you there pz3 gets you there also right one and two you're going through the warrant system three we eliminate I think we should do pz3 if we're going to do it that eliminates all the lawsuits you know and and do it that way we're going to do it my humble opinion you know commissioner you you put on a brave fight you know but at some point I agree with the ter woman that we got to put this to to to rest that's all I'm saying and and I voted for you the first time by the way you know I heard what you had to say but you know you know K you might have out withed you people you know but that's a fact of life and that's what that's what happened you know and the people spoke so you know and you know I agree we can't go so I'm to be honest I'm ready to vote pz3 May commissioner commissioner Paro thank you madam chair I am in a very unique and difficult position I am really really not a pigheaded person but my office is dealing with these issues constantly at forums emails people come and visit and they bring stuff like this petition with 764 people after we took out anybody that didn't live in Miami uh of people who do not agree with what's happening at that Park the question that went on the ballot did not include the residents perspective so the residents sued that lawsuit is still working its way through the court the most logical thing to do in respecting the residents in the process is to defer these until that settles I'm I'm the first to say whatever the court rules I'm with it I'm done I agree we did what we could but I think it's fair to have a Judge review a question that never even talked about the residents never even considered the struggle because remember the residents have been doing this for a year and a half how forget how many people showed up to PAB it was tens of people that showed up to PAB we've we've had Chambers at times filled with this issue and it's all because all of this is happening in District 2 but I can't do anything for them other than argue here you know make their case that's the only reason I'm I'm going through all this I hear you and I agree with commissioner gabella that we probably should go with pz3 just hold on a second sir we should go with pz3 because again in my position has always been it's not been a secret I do not consider this park a district Park I consider it a regional park I consider it a park for the entirety of the city of Miami as does as has prior my colleagues before me they've all considered this Park a regional park so I'm ready to move forward I've heard enough um I'm going to take my advice from the city attorney do I need to have any more comments from the attorneys may I respond hold on a second um he's had an opportunity I'm always nervous about foreclosing someone the opportunity to speak give him a two minute summary and then two summary sir okay it officially we're talking about pz1 but there's been discussion about pz3 I'll admit I'm learning about pz3 as I'm standing here but if I'm corrected my understanding from listening that pz3 would eliminate altogether the requirement for a warrant for a recreational facility in a Civic space that is incredibly shortsighted and bad policy and it would violate the 2008 master plan the 2023 Parks plan it would violate the comprehensive plan it would violate all of those things and one thing that I would like to say the 2023 plan which does not specifically address Maurice Fay Park IT addresses most Parks but not Maurice Fray park because Maurice Fray Park is a special use Park under the 2023 plan but there's other designations of parks in the 2023 plan including a mini Park a neighborhood park a community park a linear Park and a school Park which all contemplate exercise equipment there's additional types of parks special use I mentioned which are dependent on what the reasons are why they are special there's also undeveloped parks and green spots which do not contemplate exercise equipment if the commission passes pz3 as an end around to pz1 and pz2 it will open a worse Pandora's Box than even the reconsideration because now there's no reason why any green space can't have a basketball court or can't have any Recreational facility that you can think of so I would strongly discourage Miss Quirk and I'd like to hear from the parks director because I did ask that question and I was told and I'd like to have it for the record that Jim equipment is part of the park master plan but let's hear it from the park director Miss Quirk you you can um rebut what he just said I I think that the position is the same and I defer to your PL your professional planning staff on what is appropriate in Parks um you know you have a Parks director you have professional planning staff who have made a professional recommendation that it is appropriate to have exercise equipment recreational facilities in public parks director hello good afternoon Chris Evans Parks and Recreation director yes and the master plan is contemplated to have exercise equipment as part of features to Parks and Recreation to um enhance outdoor recreation as well we have uh four fitness centers throughout the City indoor but it does recommend having outdoor facilities as well which is what I what I received so Outdoor Equipment in Parks does not run a foul of our Parks master plan um respectfully I I I heard what you said I don't I don't want to keep going back and forth I'm going to allow my colleagues one more flush and if if I can have a motion for PC3 uh before you get the motion I have to withdraw the motion that I made that was in second so let me withdraw that motion and now I'll make a new motion for PC3 do I have a second let's put an end to this people second so I have a motion in a second all in favor I that's four to one with commissioner parto voting no and and then may I this is first reading first reading as is as is oh you know what I'll change my vote on that I'll support it because it gives me time before second okay so that's um unanimous unanimous 5 as is 5 as is and and then I recommend the deferral of pz1 and two to October 24th motion to the first motion motion second all in favor I everyone lives to fight another day Mr City attorney yes sir who has been representing Us in the lawsuit that's been filed by the um opponents of the gym equipment in the park yes the uh Amanda has been M hand has been representing the city's ISS issues in that litigation well well that's partially true miss hand is special counsel for the um the the appeal of the gym equipment in our office we have internally been handling the um litigation and Eric EES I believe my direct question is she's an outside counsel correct she is outside counsel for the gym equipment only right but only as to the public matter right but to the lawsuit part that's being handled by my office and my attorneys then you are going to have to reconsider if this lawsuit uh they want to go forward more uh with the money from the pack and by the way uh Mr manager put a little discussion item so that I could Enlighten people to show how the money runs and who does what and how things have been done uh for those that claim that uh they came here to fight corruption and have full transparency um but we have a little problem maybe you all didn't hear me loud enough so let me speak a little louder so I could be heard Mr Paro was the one that pushed the idea of the lawsuit Mr Paro was the one that stated that he would have a pack and raise some money Mr par was the one that raised the money for the pack therefore Mr Paro needs to be deposed along with some of his other uh proxies and the city will have a conflict of interest if you're going to depose Mr partu so if this is going to go forward anymore you need to come to this commission so we could have a discussion and I want to show what we have to show the games that are being played and my God even till today he's still saying the residents the residents you have one resident that showed up today in the other meetings you had five maybe six the 80% that voted for this they don't count they're nobody's they're not residents this is so outrageous but having said that [Music] um if the city manager could put a discussion on him from me next uh week on the agenda if it's not too late if not I will have to put it uh on the one following that and if the city attorney's office could uh keep this commission AA on what Mr paro's uh attorney I'm sorry the residents attorneys is going to do next because Mr Paro needs to be Theos and that's smirk in his face it ain't going to be there when he's Theos and the truth has to come out the next item I'm going to bring to the attention is future legislation fl2 chapter 2 Administration and departments oh chair that's just there for notification I know but I just wanted to say it out loud it's there for notification but I wanted to say it out loud then we that's the last one no then we have now discussion Bayfront Park management trust do I'm sorry I'm sorry to interrupt you but the the fo2 yeah that was just a notice announcement excuse me what the future legislation too it's just an announcement that that may be coming in the future I I don't understand uh we don't have to v no no no it doesn't I just announced it that's what I meant we don't have to vote for no no no no it doesn't require a vote it's just it's just notice to the public that this may come at some point in the future thank you the next item we have on our agenda is and I'm going backwards so I'm going to get all the way to the front discussion item on Bay Bayfront Park management trust whose item is this that's my item do you want to keep it or do you want to defer it I want to keep it if you want to do it later no no no no no I'm going to I'm okay let's go we got to get out of here for no I'm going to go backward I think we just have some quick slides yes yes but uh this is an item on so this is the next thing and then I'll just keep moving forward there's a discussion for Bayfront Park management trust that commissioner Paro put on commissioner Paro I a just a handout on the information and some slides which I think Chris is probably somewhere it'll set up in a second but anyway um I wanted to start up by saying B from Park management trust is listed as a component unit of the city of Miami and I would ask the City attorney if you could explain a component unit or how that's different from anything else yeah so the c or the DDA or anything quite honestly I'm not I guess this is um I don't know who prepared this document but a compon of the Auditors did a component unit of the city of Miami is not really terminology that we use um I will say that by its definition um Bayfront Park trust is an agency of the city however it doesn't have like typically when you look at our code you'll see um like the more powerful boards using that term loosely they're granted corporate power to Sue and be sued in the courts of the state and with power to adopt and use a corporate seal that's out of the DDA legislation Miami parking authority has the power to Sue and be sued and enter into contracts and stuff like that Bayfront Park um Authority is is um overseen by the city commission so um it doesn't use the term limited agency but it's an agency so I'm not exactly sure what component unit of the city of Miami is but wait let me let me clarify having been a component unit of the city at one point in my professional life it is an accounting reference okay so when they reference it as a component unit that's an accountant's reference to what it is but I think the main the main point that I was trying to say is how it's different than DDA and the C in that the commission is responsible ultimately correct correct yes okay so in the last two audits for from Park management trust there were significant deficiencies listed which are important and I want to say where's the chief financial where's Larry chief financial office Chief Financial Officer when we've uh been discussing there's an upcoming forensic audit on Bay from Park management trust correct yes uh at the direction of the so I just wanted to make sure that in that forensic audit these are addressed these kind of deficiency findings yeah we already provided the audit firm that is assigned to do that um audit um the closeout uh audit and we use the the management letter comments as a starting point I I saw the scope of work but it didn't mention procedures so what I'm what I'm trying to list here are the the considerations that have come through our office office the issues that have come to our office the issue about journal entries when you read the effect it says without proper review of Journal transactions the trust could be exposed to material misstatements due to the improper recording in addition to possible fraud or misuse of funds they're having according to this been Bank reconciliations the effect says without proper review of Bank reconciliations the trust would not know if the cash cash position at a point in time is accurate and whether or not there were is fraud or misuse of funds in addition unreconciled transactions could cause accounts to be over or understated if you go to the next slide Chris sorry to that's basically what I just read in those areas and go to the next one the next one it'll be fast I want to you'll see the like these are the things that concern me but also that I would want the Auditors to kind of look at we had more or less a cash balance of 9.5 million but the interest earned was 7,228 doesn't jive in my mind so that along with the deficiencies is what I would like them procedures written to kind of address if you go to the next slide you'll see it's better 286,000 but by then the balance was 14 million a half right if you go to the next one uh you'll see that even in the forecast now when we look to 20 23 24 you see 792 added to the 264 now we're at a million but we were forecasting zero so there's just stuff here between the budget and what's reported in the statements that I want the forensic Auditors to look at okay the um the pending projects which now with the balance that Bayfront Park management trust has basically all of it is getting used for the list of projects if you go to the next slide including the fountain reconstruction the rock garden the prominade the flower clock New Fountain for Maurice Fay Park and I want to know because this is what the residents have been coming to our office about how does this fit with procurement is it following procurement are there conflict of interests is this in line with the master plan these are the issues that they keep coming to us with the issue about the former interim executive director and transfers going from beon Park trust to District 3 or be Park trust to Tower or District 3 those have all been mentioned to us as areas where we would like to see some kind of procedure that helps identify it permitting a procurement during that same time period and then petty cash transfers for VIP parking and whatever happened with the mpa agreement in addition to that just the community support line item seems to be outside the mission of what biscane bayr from Park management trust was the outside support to Little Haiti little all the other communities uh what is that line item is there any procedure to make sure that the money you know is is being used and should it be used given that the mission of this of bayr Park trust management trust is to manage the park not Community Support in this way which the city does those were all the concerns okay I will get a copy of this and share it with the uh the lead uh from Markham um I'll do that tomorrow thank you very much lead who the lead the lead auditor from the audit firm that's assigned okay the firm is uh Markham LLC okay would it does anyone else have anything yes I really don't know what the heck uh Champ here is bringing out but we certainly have the financial people from the trust that can go over this and will be more than happy uh to answer any questions interesting he met with him uh after he had asked for the financials to be given to him from what I was told he really had no problems he never came back to ask any questions of the financial people that want to see him or from the executive director unlike from 8 n days ago when right at this Podium I asked the executive director from his Omni to provide me line item expenditures and salaries of for employees to this day I have not gotten it and they cannot tell me when I will receive them for the record I'm making to you Mr Paro and to the executive director uh public records requests by Florida law which verbal is as good as in writing uh for all the information that I asked uh in the the last meeting that we had with the amnc uh this it's obvious uh a big balloon that he's trying to come up with on trying to see if he could create the doubt that something is wrong there's problems with monies in Bayfront Park he's complaining about procurement but as I I pointed out today and in numerous other commission meetings he constantly votes up here for items there 45 no procurement I guess the only place he's got a problem if we do a 45 vote without procurement is in Bay from Park trust that he would have the osity to complain that the trust gave $50,000 to a Liberty City Arts group for young kids in Liberty City to be taught art by native artists from Liberty City it's outrageous that he will complain that we gave $50,000 to A Little Haiti group so that young Haitian girls that are here basically they were abandoned could be taken care of and have a place to live and food to eat it's outrageous you could out of that all you want and send all the people that you want and yes uh we uh are going to have a new Fountain hopefully before December 31st actually is a refurbishing of the original nushi fountain at BAM Park and yes the board approved in a public meeting to put in front of the jip Paris Museum in the circle that's there uh a new type of modern Fountain and that process is in the way in doing it but of course we can't do anything here unless Mr parles proxies as five or six people decide what needs to be approved in Fay Park and now I'm seeing Bay Park also listen uh executive director of bayron Park is here I asked him to be here Mr Suarez please look at this piece of garbage and I wanted answered uh get whoever you have in your office whoever else you need to so it could be answered this is just a smokes Scream by this guy because he's afraid he's having a meltdown and I'm not going to allow him to tarnish the image of a good board of directors that we have in that Park to tarnish the image of what has been accomplished there in the last s years when I went there as chairman for the first year we had under $3 million of Revenue now we're up to around $13 million in Revenue this guy is going to complain and of course there's never a thank you for all the work that we do there all that we've accomplished there it's only complain defame attack non-stop so Mr Paro uh you can do with this whatever you like I'm not uh an accountant so I don't do the numbers we have people that could do that they could explain there and they will explain but there's nothing here that I see that's got any validity uh to it or they cannot be explained and you know well that if you wanted these answers all you had to do was as Mr sorus you could have had the trust and like the way you treat even a vice chairman of the Omni CR that I can't get any information I didn't stop the executive director and I staff from giving you anything you wanted including when in violation of our Charter you wanted to speak to the individual that had put up the outdoor gym equipment because you wanted him to take it down right away and you were intimidating the man and you were allowed we didn't even stop you in that to go ahead and speak to him on your own all the information was given to you listen champ do better than that you know you're in the major leagues now and you're a minor league player commissioner Paro I don't view myself as a very intimidating figure but but that said I'll first address the Omni piece of information that's been said a couple of times that request was made a few days ago no made at a meeting here last not this Monday a Monday before that speak not a few days ago speak he didn't interrupt you let him let him speak it was made a few days ago I don't know the exact number 657 something like that in between hurricane in between the request was for 24 years of financial information and perspective they also had a mediation the very next day that took the entire day it we don't need a re a request of course we are going to satisfy the request we will give you all that information that's been Our intention from day one so that's I just wanted to make that very clear as far as the bont staff goes the bont park staff they've been great I've had a great working relationship with Jose I did meet with them and I did bring up the interest income issue but I had not seen the two sets of uh financials at the time so I'm I'm going to wait for the forensic audit and for the explanations I'm not making any accusations I'm simply saying these are areas that as Commissioners we should get answers to and procurement I am in favor of following procurement and getting bids unless there's a good reason like for example it's two companies that do horse rides or you know so as long as it's explained I'm good with it you know it's otherwise though let's try to follow our procurement procedure and of course I support donations going to Liberty City or any other place that needs money and has community outreach programs it's just that line item Community Support was never foreseen as part of that mission and might be better off in the city not at bont Park trust that's it any others want to Okay so we've addressed discussion item on Bayfront Park next item up is sr4 May I have a motion what what are we doing now sr4 sr4 it's the next thing on our agenda sr4 okay sr4 that is the elected officer retirement trust discussion can I have a motion and a second for discussion a motion second for discussion discussion who's the seconder my apologies chair commissioner gabella commissioner gabella you're the seconder for discussion understood question commissioner gabella no I'll let the vice chair go first like this is very simple we we have gone through this numerous times already this is bringing back uh benefit that was taken out and it was taken out by people that took it out for future elected officials but kept it for themselves ironically uh I'm the only one here that is vested vested vested in that old pension nobody here is that can't take be taken away from me so it would be hypocritical of me to say no to this now I will say this for colleagues majority work hard this is not a 40h hour a week job in fact in fact majority work uh even harder than anyone in the administration or in the City commissioners are on call just like a doctor is you get calls at all days and hours from people in need every time there's a problem somewhere in your District you're expected to be there and most of us are at the same time with the amount the Commissioners make in salary and benefits and their job responsibility and the hours that they put in you compare it to what assistant managers and others make slop sided and that side they're making two three times more so or Commissioners to have uh a pension once they leave here it's not bad policy on the contrary it's probably good policy because it's you give individuals an additional incentive to work harder and frankly an additional incentive to do what's right for his City I think that the time has come that you either vote it up or down uh it's not going to affect me uh as far as a pension or not because I've been vested already as I stated U so I make the motion it's been second we all know what it is um we don't need to waste a lot of time with this one commissioner Cabella yeah I got a lot to see on this um basically I'm for this and let me explain why uh number one as uh commissioner G correctly pointed out the pension system was installed for Commissioners a long time back and I understand in 2010 2011 or 2009 it was repealed by some commissioners but they didn't do it to themselves they did it to everybody that came after so that to me is morally uh incorrect number two you know in my case I'm 60 years old okay I'm serving my first term let's pretend that I make it to my second term okay if I made it to my second term I'd be 68 years 68 years old should I choose to participate in the pension if I did choose to participate the pension I got elected for a second time okay and live that long I'm going to draw in stand $4,400 and something okay that that's what it is in in my case in my case if if if uh let's pretend I last so I'm 80 years old if I'm lucky okay I don't know what that number is you know so we're worried about that okay but by the same to token there's other waste here now okay with certain people having double dipped and I'm not going to say numbers okay but we're not worried about that I got to get to a second election I got to get to 68 years old I got to live at least 5 years or six years to to you know to to to get even with if I left here at 68 and I received a lump suum because when I mentioned that we leave here with a lump sum nobody wanted to talk about that okay nobody said a peep about that and I bet you today nobody will say a peep about that again okay but the fact of the matter is let's pretend I lived 5 years and I equal the lump sum I still got to last so I get in my case I got to get to 80 till I get more than what I would have with the lump sum that that's number one but but we're worried about $4,400 a month that I might get or I might not get if I don't get elected a second term I won't get it and if if I don't live that long I'm not going to get it okay then you have the the other problem okay you have the uh the other problem where the reason I want to do it is so those that can't that come after us so I have my I have a little bit of real estate my wife and I do and I have a business so the salary from that the the you the taxpayer pay me okay that's not my I don't depend on that that's not my now I'm lucky in that sense but what happens if after K's gone or teoman or Rees or you commissioner paror or myself when we're gone what happens if a guy this is the only job he's going to have this is the only job he's going to have so you're going to so you expect that guy to give him power and you expect him pay to pay him very little and you don't want to give him a retirement and you think that guy is not going to do anything else okay with all that power if you don't compensate him okay so then what you're saving on the One Hand by not giving the retirement we might have to spend on an actual lawsuit because you might get your in trouble and then Yong and Company will have to be defending him okay and then we'll spend money that way okay that that's that's another one okay the I'm concerned about what I want is all people of of of walks of life different walks of life can can be a commissioner if they have the the right attitude and the right you know that they want to do good for the community regardless if you're a business owner like myself or or you're you're wealthy because let's face it right now I believe this is a 24-hour seven job it really is if you're going to do a job and all of us know it up here I think okay you know now if you ask me to do a full-time job okay and I didn't have anything else I have to be compensated ladies and gentlemen this myth that people are going to do this for free and we're not going to pay them anything and and this is a fallacy this is something that you know and there's plenty radio stations out there that have criticized me for even mentioning this but I have to mention this because this should have been fixed a long time ago because this was repealed we're not changing anything here the only thing is that we're repealing what they repealed about 10 or 11 12 years back and and then let's also be clear I'm afraid that some in the middle will get left out there are three or four Commissioners in the middle of us that are going to get left out I don't feel good about that let me let me tell you CU I think they should also be entitled to the same thing that that uh that we are so for me I want more participation when I'm gone that somebody that this is going to be their job okay this is going to be their job they're not going to be like me that I'm a business owner and that I I I uh I I live off my real estate holdings my wife and I do okay I I want that you know somebody simple that that has you know that that's elected that can be a person that can run okay but doesn't have to be a business owner he he just has the the he feels for a alapata flag I'm graen in my case of my district one and he can run and this is the only salary that he's going to get and and then for those guys you got to offer them a a package so they they're going to do the right thing up here that that's that's that's what I'm saying I know I'm going to be criticized for this I know I'm going to be criticized for this for for for for doing this but but I think this is in the right the only thing we're doing here we are not the ones let me be clear we are not the ones installing the pension system other Commissioners a long time ago 30 years ago installed the pension system like gyo for example he's already invested he doesn't really care if this happens or not because he's he's he's he gets his pension he's going to get his pension once he he's out of office okay now so I want to reiterate this all we are doing is that we're making it right in my opinion that we are repealing what those Commissioners did in 2009 2010 okay that they took off the pension but they didn't do it for themselves that's very important for you guys to know they did not do that to themselves they those Commissioners that repealed and said no more pension for any anybody after us they didn't do themselves till this day they are still collecting money you know and then furthermore every employee in the city of Miami fire rescue the General's employee trash everybody gets a pension the only difference is that you can argue is well we might get it an 8 years they might have to put it in 20 that's a legitimate reason I feel for them but you know what let me tell you something sometimes out there we're taking what I call uh reputational uh Hazard okay one way or the other sometimes we get credit and other times we don't get credit sometimes we deserve the credit sometimes we deserve the criticism you know we're in the United States of America and that's what it should be about and and I'm okay with that I I've taken I've been in here for 10 months and I've taken some criticism I've taken some credits I think we all have okay but the fact of the matter is the fact of the matter is because I know tomorrow everybody's going to be talking look what they did over there in the city and by the way the reason this has been deferred okay because I never wanted to do this at 12:00 at night when nobody's looking not having a full discussion we wanted to do this I wanted to do this out in the open you know so everybody knows exactly what what is uh what is what is going on so for me it's also a matter of legacy of Legacy that whoever comes after me after you commissioner P doesn't have to be wealthy doesn't have to be a business owner like myself or have real estate assets but it could be a guy that this is the only he's going to do okay and he is going to get paid for it just like any any other job that's what it should be about when you're up here and you have 20 employees in my office like we do we have 17 right now you're B basically the executive leading that office that's what you're doing and you're leading the the district that's a job it's a 24-hour job that's that's the truth of the matter you know people don't know this they look at the perks that we get but they don't they don't look at the time that that that's put in I work on the weekends by the way I work on the weekends you know and and I should because I signed up for this nobody put a gun to my hand and said you got to be commissioner go no no no I knew what I was getting into you know when I got here a little bit different but I knew what I was getting into so I have to you know uh uh admit responsibility you know so mainly I want to be on the record as as as voting for this for this reason and and and you know some people will say up here oh you know I came to serve you know and I came to serve too but I want to do it for the guys that come behind me you know and and also when without again mentioning names because I'm not into that I try to do things up here if I don't have to get into a squabble I won early on I did with you you you know I mean I think we're in pretty good terms now you know we're not going to be friends but we're in good pretty good terms okay it is comedy okay but but but we'll respect each other we respect each other let me interrupt you for a minute go ahead you always do we're not going to be kissing cousins no we're not and and it's been said that you and and I have uh you know U an alliance that P do and I have an alliance and this is look I'm here for the people and I'm sure you are and commissioner p and everybody's is at the end of the day that we're going to vote on the projects on the independent uh projects as they come and the Merit on the project not B basically that I'm going to vote against it because you're voting for it or you're voting for it but bottom line but what I don't want to hear tonight is people tell me oh gabella because you know you're getting a pension yeah I'm getting $4,400 I I'll make it that far I got to serve two terms I got to get elected one more term I got to do my job right cuz not people are not going to elect me then I got to live that long and I I got to live live at least 5 years after that to equal the equal sum that I'm going to take out of here as it is right now so when people say to me pension this and that I say well wait a minute there's some people here that have had a double job okay and yearly they've been connecting close to $100,000 B besides the regular job you know how much is that in 8 years how much you know there's a lot of waste the you know in government you know but nobody talks about about that they'll talk about the pension and go against the pension because they know out there people will spend it to the to the uh to the to the some of the voters and some of the voters I I imagine will believe it and others will give you credit where where it's at okay but but my point is you know when people tell me that I'm saying to people man you do you want people really do you want people that you're paying them you got an executive job and you don't want to pay them and then you give them all this power okay and then you know you're putting that that Temptation in front of them because they need to earn a living because they need to live just like everybody else they need to eat they need to pay rent they need they they need the money okay and so so for me I'm going to end it with that it's been a very long speech for me my mes are usually F five or six interrupt or 7even minutes uh and and again I say I Wish by the way the only thing I don't like about this is okay that we're leaving some people out uh Commissioners we are leaving some people out in between that 2010 and 2011 and and and now and that's the only thing I don't like about it thank you I [Music] agree any further discussion I have a motion and a second CH the motion and the second was for discussion discussion can I have a motion motion I have a motion second commissioner Reyes uh I stated it all alone uh uh my position was what I was accused when during my campaign I was coming here to get a pension and I said no I will never get a pension I'm a man of my work uh I respect every person's decision but I want you to respect mine okay I'm not I'm not here to criticize anybody is the way I feel I promise it and I'm going to keep it either you like it or not that's the way I am okay and I'm going to vote now right mam chair commissioner Paro I just wanted to make it clear also I understand the reasoning and all of it and in fact if it passes I will take the pension so I've never said that I would not take the pension the biggest difference for me is I think this case should be made to the voters and it should go to a vote and that's otherwise for me I see it as self-dealing it's what I've said from the beginning and I'm just repeating it reiterating it now like commissioner Reyes I respect every single thing everyone has said that wouldn't change uh but I wanted to make sure that was clear but by the way I wouldn't have a problem taking it to the I always said I never had a problem taking it as a referendum I'm on the record saying that what I would prefer I'm not in favor of that I'm definitely not in favor of that let me tell you why I'm not in favor of it because people are M&M mean and miserable I re received an email criticizing mayor Daniela LaVine Cava and mayor Francis for declaring a state of emergency for Hurricane Milton this this constituent and we all received that email did you see the email just unbelievable because we were preparing for a storm and you know the weather we can't predict with any c certainty but thank God there were criticized giving out sandbags we gave out thousands of sandbags in each of our districts and then my point to Eminem's mean and miserable that individual came back to have a second email to say what criticized the Hat I was wearing criticized the Hat hat I was wearing I would not leave my livelyhood up to voters like that thank you Miss Benton Court thank you Miss Benton court so I have a motion in a second all in just less than one minute ready I dare say that there is no Corporation that has $1.2 billion a year like the city of Miami and if you include all our agencies so I give a lot more than 1.2 billion that is for directors will have as little as we will have in a pension none go ahead I have a motion in a second all in favor I I I no no motion carries 32 well look at that and that's how my constituency feels surprise surprise I'm glad that my colleague uh commissioner Paro was so transparent you are truly a pillar of transparency sir from day one that he votes against it but he says if it passes I'm going to collect ly I work as hard as every else that's courage I work as hard as everybody else and I'm certainly not going to accept less so yeah from day one by the way I'll bring the mar by the way you get an increase in your pension okay so now we have the item I would have we have the items that are addressing the Omni so re16 is to deny the extension of life of the Omni C re5 is to direct the city man manager to work with omnic executive director to expand boundaries of omnic to include alipa re2 is to approve omn Second Amendment Ila and re7 is to direct the city manager to hire consultants for f n alapata CRA can I just commissioner gabella okay so this is what we're attempting to do and I think uh it's going to be I think everybody's going to agree so what I intend what I'm asking you ladies and gentlemen to do is to do seven and we're going to do a global uh deal as it was and we're we're going to do approve seven and this is to direct the what it says to to to to look at the possibility of uh doing an alapata CRA already identifying where the funds are going to come from one of I I move to I move that one of one of one of the ones that are that that are in play is uh the Midtown CR okay and where we can draw that money and other monies and then what we would do is uh defer the R11 sorry defer the uh R12 R12 yes R12 defer uh 15 and withdraw 16 to all this get settled as as one deal yeah and and then if when it comes back everything's ready and we're all ready to vote you get your extension uh we get our alapata CRA with the funding where what why and how and all the terms and I'm I'm all for that I just want to put it on the table again that there's only one putt of money unless three things happen one we find new Monies to replace the money that we will put into a new CR if we extend the life of the Omni CR two we make Cuts or three Mana from Heaven Falls uh so okay my I stand so when we revisit this in the future uh you're not bsed you see the facts as they are and what I have put uh on the table is no less than 300 in $32 million uh that there's a small sliber of Overtown that was ignored for 24 years in the omy crra that should go to the southeast Overtown crra and we should give a little of that money towards that also uh uh in getting that accomplished but we'll deal with that when we come back now we have plenty of time to try to do this right correct and please could you please somebody ex but the last thing I'll say is that's not the city is 70% approximately give or take 68 of Hispanic background I don't think anybody can deny that some of the most impressed areas of the city of Miami along with Overtown Liberty City parts of Little Haiti or in alapata or in Little Havana those are facts but it's also a fact that out of all the monies from cras or agencies or beds not one penny has been created or given to Hispanic areas in the city of Miami what what what's the problem Hispanic Commissioners have voted in the past at least those that don't think that they are descendants of George Washington or Thomas Jefferson I'm not uh but Hispanics have voted from this days time and time again to help other communities that were in need it's about time that this commission sees the need in the Hispanic communities and the one with the most need is alapata and I will tell you little haban still has a lot of needs but nowhere near like what alapata has and this is why uh I will push to bring in dose dollars to alata to make an impact and you're not going to make an impact with a few million dollars here or there you need a big chunk of change to make a real impact but we'll discuss this at a later time forward so um commissioner Reyes had yes sir commissioner Rees your mic your mic on re7 and deferred 12 15 and 16 and re7 and and defer uh let me get my bearings here 12 uh 15 and withdrawal 16 I move it you move second second so it's already been moved and seconded re7 has already been mov and seconded we're focused on re7 right now at this time I believe there needs to be some amendments um stated for the record are7 yes Madam chair there was a um distribution and um section five of the resolution will be amended to say the city manager is directed to identify funding for the initial priority projects for the alapata CRA upon its creation such funding shall be budgeted appropriated and approved by City Commission Section six will be added to say the city manager is directed to seek reimbursement of all funds identified in this resolution upon approval of a community redevelopment plan and establishment of the alapata CRA commissioner gardo you have some no I was just going to say 51% of omn is Hispanic so a lot of times that goes on on uh perceived but it was just a little fact I wanted to throw in there and I wanted to the greater point is to thank commissioner gabella I think this is a fantastic resolution you can count on me to help you alapata City of Miami any which way uh I'm there and thank you for your leadership on this I app outstanding I appreciate your support thank commission paron okay so right now I have a motion and a second for re7 all in favor all all motion carries unanimously as amended as amended now may I have a motion to defer re12 and re5 motion I have a motion in a second to what date to what date how long is the are we going to take approximately on the U on this Venture that we have January January well how about janary we indefinitely defer it and that way we can bring it up bring it back whenever we want to with a proper notice indefinitely okay with it indefinitely totally fine with that okay so we'll indefinitely defer re 12 and 15 all in favor is there sorry I didn't catch the there was a motion and a second yeah there was all in favor motion carries unanimously and may I have a motion to withdraw re1 16 I have a motion in a second all in favor motion carries unanimously and ladies and gentlemen that concludes the city of Miami Commission for October 15th 2024 thank you again thank you for your advocacy [Music] --------- ##VIDEO ID:DzlRY_XR2zg## e [Music] [Applause] [Music] [Music] [Music] [Music] [Music] [Music] [Music] he [Music] oh [Music] oh [Music] h [Music] he [Music] [Music] [Music] [Applause] [Music] [Music] [Music] [Music] [Applause] [Music] e [Music] [Applause] [Music] [Music] [Music] down m [Music] [Applause] [Music] okay [Music] [Music] [Music] is [Music] is [Music] oh oh [Music] [Music] [Applause] [Music] [Applause] [Music] he [Music] w he [Music] w [Music] w e e e e e [Music] [Music] [Applause] [Music] [Applause] [Music] [Music] [Music] [Music] [Music] [Music] [Applause] [Music] [Applause] [Music] [Applause] [Music] [Music] [Applause] [Music] [Applause] [Music] [Music] [Music] [Music] [Music] the city of Miami commission meeting this Tuesday October 15 2024 I'm so happy to see all of you advocacy in action at this time we are going to start the presentation part of our meeting I'm joined with my colleagues commissioner Miguel gabella and commissioner Paro commissioner Reyes we are going to get this party started our first Proclamation will be to recognize our procurement Department yes yes our procurement department has for the past eight years received the recognition of achieving national accreditation from the nip quality public procurement Department winning the national procurement Institute achievement of excellence in procurement do we have our procurement Department here oh I guess she didn't realize I was getting started they do a wonderful job and we wanted to recognize them because being able to achieve this level of Excellence eight years in a row is a testament to the dedication of the procurement department and its employees so we want to say thank you to them and Mr manager there she go she's coming oh she was upstairs okay how about we come back to that and I let um commissioner gabella do his Proclamation okay his Proclamation is going to be next time so let's Okay we we have here we go we are going to recognize the young women's Preparatory Academy come on up so the young women's Preparatory Academy holds the distinction of being the first single gender grade 6 through 12 school within the Miami day County Public School System hey fantastic girl power we're offer that I'm going to let you tell us why this school is so special thank you very much everyone good morning um my name is Mr Zacharia and I'm the uh Civics and world history teacher at Young Women's Preparatory Academy we are the uh an all girls magnet school we are in the top 10 under the State of Florida for academics as well as leadership uh we have an accelerated program and we in addition to the accelerated program we have a lot of activities such as Las panas which is our Hispanic Folk group we have a coding group we have a leadership group uh we have a lot of activities uh about 40 clubs in total for our in our school um and so it's a special school in Little Havana it's uh 11:50 Southwest First Street come and visit our school and we have a lot of activities for everyone there thank you very much for the proclamation thank you thank you for all the work that you do again girl power I'm all for it and I'm sure any one of my colleagues would like to come for career D career day and share with the students our experiences it would be great for your civics class thank okay so we're going to Pile in now for okay move my chair move my chair we're going to Pile in for photo op did our procurement Department show up Annie come on we kind of already started without you thank you so much pleasure to meet you I've already shared with everyone the fantastic job that you do this is Anie our procurement director and she is responsible for the team that receives this award eight years in a row which is quite an accomplishment so I'm going to allow our city manager to say a few words and then I'm going to have Annie speak as well good morning everyone so there isn't a more talented dedicated depart department at the city than procurement and you you you don't appreciate it till you walk into that department and you see the energy um that is really as a a result of just incredible leadership on Annie's part she does an exceptional job um but that whole department has really bought in to their role in the city which is really to make sure that from a procurement buying perspective anything that we do to procure services or goods and services um they really do they're the absolute best at at making sure that our public dollars are really no other way to describe it just well spent and Annie you have I've told you before um there isn't I I get really excited when I kind of have the opportunity to sit with her staff because they are just you can kind of tell the the culture in that department um what an incredible group they are and how committed they are to the city so this is an honor in terms of the recognition um the award is special um but you go out and you prove it every day so [Applause] congratulations thank you Mr manager um as you said it's not about me it's about my staff they're amazing they work really hard they're very dedicated you know no matter what's thrown at us it it doesn't matter we do it we do it with a smile customer service is very important to us it's you know we we try to provide above and beyond excellence in customer service all the time and I want to thank the city manager and the administration for all the support and all the Commissioners thank you and Madam chair because without you know all of your support I'm not allowed to do legislative changes and things that really make a difference to help us all so thank you thank you [Applause] and I'd also like to say this month is Breast Cancer Awareness Month for everyone that's wearing pink that's why I'm in pink today early detection saves lives so so everyone make sure you get your screenings it's so important and at this time we are going to open our meeting with prayer we still we have today Pastor ol hunter from the historic Mount Zion Missionary Baptist Church located in historic Overtown to give us the prayer for our meeting today and he's one of my favorite people also bless you let us pray Eternal God our Father how excellent is your name in all of the earth father as we have ENT into this sacred place we invoke your presence that you may guide us lead us and most of all keep us pray for the Commissioners pray for all those Lord God who govern our community and may we be blessed by their leadership we pray it all in your name amen thank you so much amen thank you and at this time we'll say the Pledge of Allegiance I pledge allegiance to the flag of the United States of America America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all you all may be seated Mr City attorney would you please read your statement thank you madam Chair George weong City attorney City of Miami pursuant to State of Florida executive order 24-21 14 as amended by executive order 24215 Florida Division of Emergency Management um order 24-11 Miami day County Declaration of a state of local emergency in City of Miami of a state of local emergency due to the potential impacts of hurricane Milton on Tuesday October 8 2024 the Miami city commission meeting that was scheduled for Thursday October 10 2024 was canceled and the city issued a public notice informing the public of said cancellation um in accordance with Miami city code section 2-33 whenever a scheduled City commission meeting is canel or is not held due to a lack of Quorum or other emergency a special City commission meeting will be automatically scheduled for the Tuesday immediately following the canceled meeting therefore this special meeting of the city commission was automatically scheduled for today Tuesday October 15 at 9:00 a.m. in the city commission Chambers located at Miami city hall 3500 paname Drive Miami Florida 33133 all the schedule items from the October 10 2024 canceled meeting were automatically scheduled as an agenda item at this special City commission meeting the city clerk has provided the required notice of the special City commission meeting as required by the city code and all other applicable laws detailed information about the processes order of business rules of procedure and scheduling or rescheduling of City commission meetings can be found in Chapter 2 Article 2 of the city code a copy of which is available online at ww. municode.com parentheses municode any person who is a is pursuant to chapter 2 article 6 of the city code must register with the city clerk and comply with related City requirements for lobbyist before appearing before the city commission a person may not Lobby a city official board member or staff member until registering a copy of the code section about lobbyists is available in the city clerk's office or online at municode.com any person making a presentation formal request or petition to the city commission concerning real property must make the disclosures required by the city code in writing a copy of the city code is section is also available at the office of the City Clerk or online at municode.com the city of Miami requires that anyone requesting action by the city commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursued 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 discretion in accordance with Section 2-33 f and g of the city code the agenda and the material for each item on the agenda is is available during business hours at the city clerk's office and online 24 hours a day at www.miamigov.com the meeting of the Miami city commission is a limited public forum any person may be heard by the city commission through the chair for not more than 2 minutes on any proposition before the city commission unless Modified by the chair public comment will begin at approximately 10:05 a.m. and remain open until public comment is closed by the chairperson any person making offensive remarks or who has become unruly in the commission Chambers will be barred from further attending City commission meetings and may be subject to arrest no clapping applauding heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted no signs or placards shall be allowed in the commission Chambers persons exiting the commission Chambers shall do so quietly members of the public wishing to address the body may do so by submitting written comments via the online comment form please visit www.mo.com meeting 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 and the city Administration up until the chairperson closes public comment public comment may may be also provided here at City Hall located at 3500 pan americ Drive Miami Florida subject to any and all City Rules as they may be amended if the proposition is being continued or rescheduled the opportunity to be heard may be at such later date before the city commission takes action on such proposition when addressing the city commission the member 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 28601 44c Florida Statutes the public has been given the opportunity to provide public comment during the meeting and within reasonable proximity in time before the meeting please note Commissioners have generally been briefed by City staff and the city attorney's office on items on the agenda today anyone wishing a Verbatim record of an item considered at this meeting May request it at the office of communications or view it online at www.mo.com pz items shall proceed according to section 7.1.4 of the Miami 21 zoning ordinance part 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 expart Communications to remove the presumption Prejudice pursuant to Florida statute section 2860 1115 and section 7.1.4 .5 of the Miami 21 zoning ordinance the order of presentation shall be a set forth in Miami 21 and in the city code staff will briefly present each item 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 evident hearing on the record for appeals the appellant will present its appeal to the city commission followed by the Apple e staff will be allowed to make any recommendations they may have please silence all cell phones and other no making devices this meeting can be viewed live on Mii TV the city's Facebook page the city's Twitter page the city's YouTube channel and Comcast channel 77 the broadcast will also have closed captioning thank you madam chair thank you Mr City attorney Mr city clerk would you please read your statement thank you chair the procedures for individuals who providing testimony who sworn for Planning and Zoning items and any quasi judicial items on today's City commission agenda would be as follows the members of City staff or any other individuals required to be SW in who are currently present at City Hall will be sworn in by me the city clerk immediately after I finished explaining these procedures those individuals who are repairing remotely may be sworn in now or at any time prior to the individual providing testimony for planning zoning items and or quasa judicial items Commissioners are you comfortable with all the notice provision set forth in these uniform rules procedures we have established for this meeting yes and chair May administer the oath for the Planning and Zoning items please thank you chair good morning ladies and gentlemen if we will be speaking on any of today's Planning and Zoning items those are the pey items may please have you stand and raise your right hand do you Solly swear firm 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 thank you chair thank you Mr city manager do you have any items that will be withdrawn or deferred from this agenda good morning Madam chair Comm Commissioners uh Mr City attorney city clerk this time the administration would like to defer and to withdraw the following items re3 to be withdrawn ph6 to be deferred to October 24th sr3 to be deferred to October 24th F fr2 to be deferred to October 24th 4th and FL L1 to be withdrawn that concludes the items FL L1 I'm sorry could you repeat that again I'm sorry to repeat all of them or the last please I'm sorry okay re3 to be withdrawn ph6 to be deferred to October 24th sr3 to be deferred to October 24th F fr2 to be deferred to October 24th and FL L1 to be withdrawn at this time I'm going to ask my colleagues Vice chair are there any items that you would like to withdraw or defer from this agenda I'd like to defer for the afternoon uh and then we will go from there on uh sr4 I'd like to defer re12 uh the last time that um this body met as the Omni CR I specifically requested publicly uh variety of financial items from the executive director to this date I have not received them nor can they tell me when I'm going to receive them so it's clear that um even though I'm a member and supposed to be the vice chair of the omn uh I really have no say so I'm just supposed to be a rubber stamp uh with my boat U because because they do not want to give me the financial items that I requested Madam chair hold on one second um okay I'm going to go in order commissioner gabella are there any items that you would like to have deferred or withd so I um speaking on this item I don't want to see it deferred because I have an amendment to the re7 but I will say that I am in the same position as commissioner gyu I asked for for a uh total uh expends and liabilities and I never got the the answer up till now is this I think I'm I'm correct in saying this my my staff I asked yesterday as of yesterday we did not receive uh anything that uh we had asked for from uh from the director commissioner Paro um only if there's an item that you want to withdraw or defer I'm going to hold out re2 way for a second I'm sorry I'm sorry commissioner uh real quick I I was uh I wanted to defer the uh sr4 you want to defer sr4 and I understand commissioner G wants to talk about in the afternoon okay so I'm going to hold those two out so that I can commissioner Reyes no okay so for the purpose of discussion I'm going to take re12 and sr4 out of my request for a motion to move the agenda do I have a motion move second second all in favor I motion carries the agenda has been set Madam chair just for clarification we haven't deferred it we just pulled it out right no no no it's just been pulled those two weren't um deferred it's just been pulled out we'll have discussion when we get to those items and then we'll because I want to be able to get to public comment and the like do we have any pocket items commissioner Reyes you thank you sir commissioner Reyes if you could explain this pocket item want me to read the title oh okay hold on the City attorney will read it for us that's right I'll just go ahead and read the title um pocket item a resolution of the Miami city commission urging the Miami Dade County Supervisor of Elections to designate the West Flagler Branch Library Loc located at 5050 West Flagler Street Miami Florida as an early voting site for the November 5th 2024 general election directing the city clerk to transmit a copy of this resolution to the official stated herein second a motion I have a motion in a second thanks uh I I want to explain if I may that library has always been an early voting and you will you know that most of the people Fram they go vote there and I don't know why they got it out well you know why well I know I know why because they don't want the people from Lami to be voting but but that is uh it is uh I think it's an injustice and that's why uh this resolution presented his resolution thank you thank you for your support for I I read the resolution my only concern is because we are so close to early voting already I don't know if this is uh I think the time sensitivity of it yes I understand that may not be okay but we'll vote on it so it's open for public comment but at least we have to we got to let him know that we are not going to be taken and sit down okay so it's open for public comment all right and at this time I'm going to open chair so you open it up for public comment this is just for na1 um you're going to close your public comment for just na1 and I have commissioner Rees and commissioner gabella is the second and we just need a vote all in favor hi hi I'm open public comment in general for now that everything has passed so if there's anyone here that would like to speak on behalf of any item that is on the agenda please step forward Madam chair I have one more item that needs to be deferred which is the public appearance that's at the front of the agenda okay well don't we don't have to defer that do we well it's on the agenda so yeah just announced the deferral to October 24th okay we have to vote on that can I have a vote a motion second all in favor I okay personal appearance has been deferred to October 24th and I'd also like to announce that we are having a blood drive today at City Hall between the hours of 10: and 4: please donate blood BL could save lives the blood mobile is just out front good morning good morning my name is Ed Navaro today I want to draw your attention to the critical infrastructure needs of alapata and the pressing necessity for the expansion of C into our neighborhood alapata is a Vibrant Community with a rich culture Heritage yet we are witnessing a troubling decline our neighborhood is in this repair and the Decay is affecting the quality of life for residents the streets sidewalks and public spaces that once served as vital connectors are not neglected and crumbling we cannot allow the decline to continue the expansion of CRA into alapata is not merely a request is an urgent necessity this initiative will provide the resarch needed to re vitalize our community address critical structured issues and create opportunities for economic growth by investing in alipa we can restore our neighborhood and unlock its full potential we believe every Community deserves the support it needs to thrive and a pattern is no exemption we urge you to approve this vital initiative today we cannot afford to miss this opportunity to uplift alipa and invest in the future of our community members members of the commission we need your support today thank you you still have 30 seconds Sir that's the first buzz if you weren't finished uh I'm finished you finished okay all right good morning how are you today good morning Madam chair my name is Mel minart I live at 3075 Virginia Street in coconet Grove I'm here to speak on the inspector General motion sr2 U kudos to the commission for being willing to put together this aggressive program commissioner for Inspector General I fully support it if you're doing forensic work it sounds like it's terrific you've got law enforcement a officers that are part of this program fantastic no objections with it but I think it's what missing that we should also be paying attention to and the big question is how are we doing as a city of Miami with the absence of an internal audit function as a management function not a forensic function not as a law enforcement function but I think we've taken our eye off the ball of just the Nitty Gritty efficiency of our city if the city is doing well if it's spending its money well let's give it credit but it turns out when you look at the websites of the city of Miami we stopped reporting externally the service metrics of the city back in the 2010s we just stopped reporting the internal audit committee or staff stopped that about 8 years ago I would say the call to action here is to use this opportunity for the Inspector General which has the authority written in your language if you properly fund it you can reinstate the auditing functions of internal performance that are typical of Omaha Minneapolis Atlanta and any other legitimate City in the in the country that's the call to action here is your chance thank you thank you good morning good morning my name is Emily Alana and today we stand United before you to emphasize the urgent need for the expansion of the C into alip re15 this is our second appearance before this commission and we can come with a renewed sense of determination filled by the Deep seated needs of our community alapa is a neighborhood rich in culture and potential yet it faces significant challenges and it hinders its growth and development the expansion of the C into this area is not just a request it's a necessity the expansion of the CRA is not a request as a necessity it is an opportunity to address pricing issues such as affordable housing Economic Development homeless n and improve infrastructures that have long been neglected we believe that the community deserves the resources and support necessary to thrive and alapata is no exception we urge you to approve this vital initiative today however let it be clear if our request is not granted we will not be discouraged we will return again and again advocating for the future of our neighborhood until our voices are heard and action is taken the time to act is now let us not miss the chance to uplift lift alapata and invest in its potential we hope for your support today and if needed we will be back because our community deserves nothing less today we emphasize the urge the urgent need of the CRA to expand into alapata we have previously addressed this commission and our message remains clear our neighborhood is grappling with homelessness crisis that requires immediate attention thank you so much thank you good morning thank you so much my name is is Rebecca haigi and I also stand for re15 before you today to advocate for the expansion of the C into alapa this issue can no longer be overlooked as our community is in desperate need of affordable housing while we appreciate the commitment to address affordable housing in the city as a whole it's important to remember that we cannot handle this issue on our own every District including alapata deserves equal attention and support to solve this urgent issue we need to take a whole Community approach that understands our neighborhoods connections and also exactly what they need today many of us in attendance are directly affected by this issue and know someone very close to us who also um is passing through this every day families in alapata struggle to find a safe emphasis on safe affordable place to live and we cannot stand by our community as it deter deteriorates as we drive through our neighborhoods we see beautiful new buildings that are rising uh but for many of us it's impossible to even dream of living um in these places according to their high costs as I mentioned earlier I have zero doubt that you care deeply about alapata and and what Solutions need to be made but I respectfully remind you today to have um to take this opportunity to make the difference in the expansion of the C and I thank you so much for your time thank you good morning good morning good morning my name is Crystal Ivory and I'm a city of Miami resident and I prep parent I probably don't need to tell you that again because I've been here several times making the same request like before I am here again today asking all the Commissioners to put the needs of the residents first and ratify the Second Amendment of the Omni C although at least one of you thinks that an omnicc extension is not needed that is not the case there are many parents residents Educators business owners community leaners and even church members who live and work in these areas and have come up to this Podium over the last few months and made this point very clear based on what I've seen the main point of opposition to the extension has come from this commissioner both the Omni area and the and adapa have real needs that should not be delayed or derailed I ask that the Commissioners work together to get the Omni extended with a commitment to provide adap with with funding so that both communities can Thrive thank you thank you good morning good morning commissioner chairperson my name is Dr Paul malavenda I've been here before and I speak in favor of the expansion of CRA into alapata I'm somebody who has experience with homelessness firsthand not only helping to feed them and to take care of them but having been a homeless more than 30 years ago it's something that I struggle with because I know how much everybody struggles in a community that's poor in a community that's held poor alapata is confronting an unprecedented challenge with Rising numbers of individuals in need of support yet while we see homeless individual being sent into alapata that must mean that it's a great neighborhood because I don't see homeless in K SK Coconut Grove Coral Gables so why are they putting them there why do they keep moving them and communities that they're beginning to knock down to build other communities when we have the necessary resources to help them but they're not being given so there's something that needs to be done it's not just a proposal it's a vital Lifeline it's time to act because the message we're giving our kids that are being educated in amazing schools in alapata they're abandoned I mean I it's short from using a bad word that it's kind of like it's sad to see tennis courts are degraded sad to see basketball courts classrooms when you know they deserve better than that so I ask all of you I implore for this expansion today it's a time to change now time for all of you to be something that's great and say hey you know what we did it we helped alap we helped our future generation with a better education better school better message that you are worth something instead of saying you know what this is what you're worth we're going to give you all the homeless take care of them but we're not going to help you thank you very much thank you good morning good morning Commissioners my name is Christina alott and I am the President of IEP Academy's PTSA uh I'm here representing the parents and community of IEP academy uh my Miami Dade County public school and I want to emphasize that because I know there was a little bit of confusion at some of our former meetings about whether it was a public school or not we are a public school um our pink Army made plans to be here on Thursday but hurricane Milton of course had other plans for us um uh we want to make sure that our voices are heard on item re12 uh first of all I want to thank commissioner gabella for his leadership and supporting our community back in March uh I ask that you all vote Yes on item re 12 to apport to approve the extension of the life of the Omni I urge the Commissioners to work together the Omni extension and its projects would greatly benefit our students um teachers and the surrounding Community thank you very much thank you good morning good morning my name is bagas and I'm here to support the expe of CRA into alapata re15 a community is a crucial point and we urgently need strong economy development to flourish while we appreciate your effort to increase economic growth Citywide is essential to focus on alap as well we need a comprehens approach that recognizes the unique needs or our neighborhoods and the opportunities they can offer to faster this grow we must convince current businesses that their leaders care about their success and attract future businesses to invest in alapata with confidence a community is eager for job creation and business development that can recreate a neighborhood as we move through our neighborhoods we see tremendous potential all around us but many opportunities have yet to be realized I know you care about laar and I want to make a positive impact today you have a key opportunity to D meaningfully change by voting to expand the C into our community thank you thank you good morning good morning MOS Flores alap collab CDC um I want to thank commissioner I'm speaking on um ph4 I want to thank commissioner Gaba on behalf of my board um the entire community and the 10 small businesses that will immediately be saved um in alapata uh we are grateful to you for making it a priority not to only save the little Santo Domingo commercial Corridor but also for realizing the immediate impact that we can make together when we partner with the community and local nonprofits to preserve historic neighborhoods you have set an example and we hope that others will follow in the city thank you so much commissioner thank you good morning good morning and thank you for the opportunity my name is Selena and I'm here today to highlight the urgent need for the CRS expension into alip this Dynamic neighborhood full of potential is facing significant challenges that impede its growth please understand that request to expend the F A inap is essential for addressing the many pressing issues that are taking away the Peace of many vs like it's the case of affordable housing Economic Development homelessness and neglected infractores every Community deserves the support it needs to succeed in alapata is no different we ask you to approve this important initiative if our request is to is not granted we keep fighting for our neighborhood until we are heard today we have an opportunity in our hands to do something let's seize this opportunity to uplist alapata and invest in its future we appreciate your support today and will remain committed to fighting for our community thank you thank you good morning good morning um uh to the commission uh my name is Mark Burton I'm here to speak on uh pz one and I guess conditionally pz2 uh um I represent uh Steven Smith and the other people involved in that matter uh just to reiterate from the previous meeting and and if we get into this afternoon I will I will expand we believe there's no jurisdiction to do this jurisdiction expired 30 days after the denial of the appeal from the PAB back in May uh there is no mechanism in Miami 21 to reconsider a quasi judicial determination after the end of that 30-day expiration there's case law which we've cited to this commission to that effect Mason's legislative manual is not applicable to quasi judicial proceedings uh additionally appeals or to know so whatever may have happened afterwards is legally irrelevant even if it was timely for a reconsideration which it is not lastly what I will say um Mr Smith as the Apple never received proper notice he's also not here today because he's on a trip to New York for work and would be here if not for the fact that this had been a special uh rescheduled meeting so even if reconsideration is granted we would PA it improperly we would request a deferral on the actual merits because he and also Mr Kern are unable to be here on this notice so thank you very much thank you good morning good morning Madam chair and Commissioners my name is Raul Perez I'm the chief facilities officer for the school district for Miami day County Public Schools and on behalf of the superintendent and myself I'm here speaking in support of the extension of life for the omnic uh as as was um acknowledged here earlier this morning young women's prep was an initiative between the city of Miami and Miami day County Public Schools as other initiatives that we've done our history goes back for many many years and again um I just want to reiterate the support uh and in and speaking in favor that all of you support the extension of life for the Omni and myself and Miss Lisa Martinez will be here to answer any questions when these items Hit the Floor thank you so much thank you good morning good morning Nicole desiderio 900 bis game Bay I'm speaking on item pz1 over the course of a year many many people have come down here to speak on this subject some people claim that it's only a handful of people but that is false people simply cannot keep taking off work to come down here I've heard from this day is that it's a park it should have a gym I believe that's the wrong attitude to have it's an interesting opinion to me because the professional Park planners who actually have the expertise to know what they're doing did not put a gym in for Park in their plans there are plenty of world-renowned parks that do not have outdoor gym equipment in them not all parks are the same and not all parks should have gym equipment this is a passive Park not an active use Park as stated by members of the PAB board and Savon Steiner who is the assistant director at the planning department and of course the professional Park planners an outdoor gym is an active use and does not belong in Fay Park we have asked so many times that the master plan by professional Park planners be utilized for Fay Park we have been ignored over and over again Joe carollo says that the trust meetings are public and we should come down there to speak if we care so much well I've been down to the trust meetings and his board members literally laugh at you when you're making a public comment it's completely pointless going there City's outside Council will continue to say that they have a closed permit but it is the wrong permit as referenced by the senior building inspector and emails that I've presented to you commissioner Reyes you have stated that you don't want to set a precedence that allows a commissioner to do what they want and then go and fix up the permits later commissioner gabella you were adamant that the trust is putting the cart before the horse and this should not be happening if you created a referendum question that said should the city of Miami execute a master plan for Fay Park that was created by professional Park planners and that has already been paid for with your tax dollars the people would all vote Yes for that too thank you good morning good morning Brenda bore 1436 I was 6 Street I just want to say thank you guys for all the work that we saw during the hurricane time all the cleaning of the drainage that it was done we see it as a business we did not receive that much of damage for the water even though we didn't rece that much water for the hurricane this time but we see the clean up that you guys were proactive and I just want to convince you guys because you guys really did a great job and just keeping that is why don't we clean it all the time try to keep it up because if we maintain our drainage clean then we'll be able to save a lot of problems and the sandbags might not help much but the cleaning of the drainage is so important I think the even in my district three I saw some places we've been complaining for a while that it's almost 2 feet of water so I saw the cleanup I think all of you guys did a great job we hope that you guys keep up the good work as saving us the city of Miami residents problems that's that's what the one of the main things that we expect from you guys to be proactive for any issues of coming up and just to keep on the same them is what are we doing doing with the homeless and and I'm going to keep pushing homeless because businesses are complaining about the homeless to set up camps in front of the stores we pay leases we pay taxes we pay licensing all kind of of fees that we Revenue the the government city states pharoh everybody charge us for something and it's a new license every other day or any new permits that we need to pull so how are we going to be able to do it humanly without abusing them but please thank you thank you is there anyone else that would like to speak on behalf of any item on this agenda today seeing none the public comment period is now closed missing two of my colleagues okay Mr city clerk do you want to see before I start no no no not at all just checking to see one more colleague before I start okay for at this time I'm going to ask my colleagues if they would like to pull any of the consent agenda items for discussion CA 1 2 3 or four well first I'm seeing if you want to if you want to pull anything for discussion so do I have a motion for CA 1 2 three and four so move I have a motion I have a second all in favor motion carries unanimously with the public hearings gentlemen is there any public hearing item that you would like to pull for discussion ph1 2 3 4 5 are in play any no no commissioner Reyes no okay good may I have a motion for pH 1 2 3 4 which is a forits vote five an additional four fits vote some moved second I have a motion and a second all in favor items carry unanimously that was six included right no six was deferred until 1024 now I have from previous discussion pulled re2 re5 and re16 are there any other resolution items that you would like to pull for discussion no that we have re1 through six as mitigation items and chair just for the record re8 and re9 are also mitigation items oh I'm sorry re8 and N 12 15 and 16 yes okay are there any other items with the resolutions that you would like to pull nope yeah same thing with re7 you you would like to pull re7 yes it's the whole combination that has to do the okay R7 yes re eight and nine are mitigations as well as 1 two four five and six those are all mitigation items okay seeing none other I'm going to ask for a motion to approve AR 10 11 13 14 which is a 4 fits waiver do I have a motion sorry 10 11 10 11 13 and 14 which is a four fths I move it I have a motion and I have a second all in favor all motion carries unanimously 10 11 13 14 okay I'm going to go moving along to the second reading ordinances Mr City attorney would you please read the titles into the record yes Madam chair sr1 an ordinance of the Miami city commission amending chapter 2 article 10 section 2- 817 of the code of the city of Miami Florida as amended city code titled Administration code enforcement administrative cost findes leans to amend section 2-8 17 of the city code in order to streamline the mitigation process and provide a clarifying charart for those who seek mitigation containing a severability clause providing for an immediate effective date sr2 in ordinance of the Miami city commission amending chapter 2 article 3 of the code of the city of Miami Florida is amended city code titled Administration officers by creating a new division section new division 5 Section 2-16 to create the office of Inspector General providing minimum qualifications appointment and terms of office providing the functions Authority and Powers providing for administrative staff providing for procedure for final a procedure for finalization of reports and recommendations containing a severability clause and providing for an an effective date sr3 was deferred Sr 4 is an ordinance of the Miami city commission amending chapter 40 Article 4 division 4 of the code of the city of Miami Florida as amended titled Personnel pension and retirement plan City of Miami elected officials retirement trust more particularly by amending section 40- 296 titled applicable benefits containing a severability clause providing for an immediate effective date that's it for the second readings thank you I believe sr4 was pulled for discussion so may I have a motion for sr1 and sr2 I got a question on number two on sr2 okay okay so here we go again may I have a motion for sr1 second I have a motion in the second all in favor all motion carries unanimously I'm going to come back to sr2 I an answer to I think one of the previous questions that I had at the last meeting has been cured here uh and that is that if anybody wants to make a complaint it has to be sworn uh sworn complete under oath not Anonymous complaints the other question that I have is uh on the powers of the Inspector General how are we dealing with that if a certained uh radio station television station newspaper they want to uh defame they want to come out and make up stories on anybody or bloggers that are paid in many cases it's not just say that you don't have people on the modern uh media that are not paid um how are we going to deal with that in this ordinance is the Inspector General going to be uh have the right to because somebody saying something against us to every day open up an investigation and any one of us or some of us depending what friends we have in certain media because if that's the case then I want to know now so that uh certain media that I have access to I could open up investigation some people too like it's going to happen to me the city uh attorney uh I uh if you read the uh the uh ordinance I mean the law it it's clearly states that there is not I mean you cannot Anonymous they cannot be no Anonymous uh uh request for for any investigation they have to be sworn in am right sir yeah let me read you the language it says the Inspector General shall have the power to review and investigate any sworn non-anonymous complaints on a form acceptable to the Inspector General regarding City programs agencies contracts or transactions officials or employees such sworn complaint must be based upon personal knowledge or information other than hearsay and signed under oath or affirmation by any person I do understand it's very specific on what you are referring to that that is specific if it reference to Anonymous complaints so you can't have it you have to have an individual filing the complaint but my question is different can the Inspector General because he was given uh copies of uh radio program a copy of a blog or a newspaper uh just because he's uh being pressured to do something or uh wants to be popular with the media in town and the pillars of the community and he just open up an investigation based on that can uh C attorney uh I don't believe that uh because of he sa because that's that is he sa right the the second sentence that I read is is almost verbatim from the recent Amendment to the commission on ethics language which prevented um there was a a person who made multiple complaints against the governor and some people in this room and um he would then send a news article to um an organization and say investigate this and that language was intended to prevent those types of Investigations absolutely but I I just want to also add that it is an independent Inspector General so if they develop um probable cause on their own um they can go ahead and investigate things I don't want to um misinform you that it must be based on an a non-anonymous complaint they they have the ability to see what's going on um based on actual evidence but they're not supposed to use um they're supposed to use personal knowledge and information other than hearsay through the chair M commissioner Rees you said it it is if it is probable cost probable cost that's what is important and as An Inspector General what we're trying to do and my intention was to have a watchdog over the city s that uh everybody that is doing business with the city or that decisions that we are made that we think before we do something that it is not proper something that is not ethical or illegal commissioner Paro uh yes Madam chair uh the points I wanted to make here is that the office of the Inspector General has their established rules and procedures Miami date county has an office of the Inspector General I don't think they would be acting outside of the norm for any Office of the Inspector General I think we're kind of putting the cart before the horse I'd like to see this item move and then if they issues as they come up we can certainly address them commissioner gabella yeah um can you uh Enlighten us uh City attorney on the process of who gets to pick the gentleman the Inspector General how does the process work who gets to pick the Attorney General it's is on the attorney Inspector General right it's on the ordinance yeah the ordinance provides that um uh a selection committee will be created but by by the ordinance and the committee is the state attorney um Katherine Fernandez Rundle or design public defender or design chairperson of the Miami dat Commission on ethics and public trust or design uh president of the Miami Dade Police Chiefs Association and the special agent in charge of Miami Field Office of the Florida Department of Law Enforcement so those five individuals will meet and provide you with a name you can accept a name or reject the name and then the committee will um submit new candidates thank you madam chair and we specified in the language that you write to us that the inspector General is not [Music] to based the opening of any investigation on any news media story blogger story unless he can independently establish probable cause for any investigation that he wants to conduct I believe it says that the Spector General has to have personal knowledge and probable cause and he can't use uh an interview or an article to create personal knowledge that wouldn't be personal knowledge so I believe that he covered exactly what you just said I'm not quite sure if that's cover there as clearly as you're stating chair Mr City attorney I I think in I see where the vice chairman is going um this section says such sworn complaint must be based upon personal knowledge or information other than hearsay and signed under othor affirmation by any person so what that means is that nobody could forward an article a video recording tape recording or whatever and say investigate this Mr Inspector General but the Inspector General does retain the independent authority to investigate whatever The Independent in um Inspector General thinks needs to be investigated um if you want to add um language to limit the power of the Inspector General we can add that but but this section is really to prevent those those type of maale and complaints and sure not based on um personal knowledge but then the next step would be the one that I just described right and the list that individuals that have tried time and time again through either elections through illegal recalls uh that have spent thousands of dollars trying to get me out of office for instance uh and the times that they have gone to State Attorney ethics with one lie after another that have been proven so uh I I I could see see what's going to potentially happen here they're going to be using then uh their sources friends or paid guns in the media or bloggers to try to influence on Inspector General and this is why I want to see Mr City attorney how we could uh try to clarify this so that even uh kindergarten uh student can understand it that the inspector General uh will have to have independent probable cost and his own not arising from any media Source or bloggers chair um I I'd like to ask uh City attorney regarding let's say there's 10 investigations a year uh is this going to be for example that we assigned an allotted x amount of dollars let's say $10 million uh to the gentleman or to the lady whoever gets the the the position and then he's got to limit whatever investigations he does on on that for example or is this that the more investigations he has the more money we got to give him and one one one year could be you know I don't know 5 mil to say number and the next year could be 20 mil is this the case here so you as a commission will be able to establish and approve the budget for the um independent um Inspector General but there is language in here that tracks the U Miami D County Inspector General office that says um the cost of random audits inspections and reviews shall accept as provided or whatever be incorporated into the contract price of all contracts and shall be one quar of 1% of the contract price so you through this ordinance you'll have the Inspector General randomly audit um every contract every uh procurement stuff like that and um uh one quarter 1% of the contract price will go to fund the office of the Inspector General I okay so I understand that but what I'm trying to do is limit okay the amount of money that this doesn't go crazy here that we don't go crazy okay and then this now has to do with what commissioner G was to saying what about has anybody thought of making it that the person that's doing the acquisition has to have firsthand knowledge like for example what was just pass with the ethics that that that rule has now changed what what I'm trying to do is I I I think it's a good idea the Inspector General I'm not against it but what I'm trying to do is liate the liability we that we don't go on on you know on a you know on a you know on a year that you know from 10 mil this thing gets out of control and it becomes 30 mil because they start hiring you know attorneys and and and privati you know from uh you know influenc accounting from you know externally and and we get into the 20 and $30 million range that that's why I want to be I want a precise answer on that yeah so the the draft says the Inspector General shall have comma subject to budgetary allocation by the city commission comma the power to appoint employ remove such assistance employees so it's contemplated that before they mushroom into a giant organization it'll be subject to budgetary allocation by the city commission so if one year let's say we say okay uh we all agree your budget's going to be 10 million this year and the gentleman gets 20 uh imp probable cause investigations that Merit an investigation right and then that that that that there says that he's got to go over the allotted budget can he do that or will he have to come back if that was the case to the commission to ask for more money oh he will always have you know the the financial Integrity principles will apply to this department like any other department so they'll have to work within their budget and um plan accordingly and if they need more money they can come like some departments do in midyear allocation for more money what's what's it what's the staff how many people uh here in house um it'll be up to the independent Inspector General to provide how much staff they need and then submit that um have you have you set a budget has anybody set a budget you know what they think it should be I think um I don't want to speak for the administration but I believe what has happened is there was money funded for the independent auditor general um and and that money has been sort of set aside to help sort of start the department if I recall that was like $2 million right approximately yeah that's we talking about $2 million approximately yeah okay so I'm okay with that but if that changes I'm not going to be okay they have to come to you for budgetary approv yes I I want to make clear through through the chair I'm sorry I want to make clear that this is not a an open-ended an open-ended type of uh of uh of uh Department that they will do whatever they please and spend as much as they please there like any other department it has to follow that it has to is limit within the the uh the constraints or their budget if they need more money they have to come to us I mean everybody has to come to us and and this is no different this no different but but did you think of that by the same token if they have to come to us and there's five other investigations they can't do because they're limited and they go other well it is then in one way or another we we're kind of defeating the the the know it is it is the it is up to us to determine if it is worth it or not and that's it yeah but you don't see the you don't see the problem here I don't I think we're chasing a path of horrible that's right I do believe that it is smart legislation for us to have the Inspector General particularly when we did away with the auditor yes um and the people talk and but if we control the budget we control what he can investigate and how many people he can investigate no we don't not not necessarily they're doing it in miam County as well they have it in explain to explain that to me explain that to me if you said let's say a $2 million budget okay and the gentleman with that 2 Mill million to to put a number out there can only with that he can only do five Investigations out of 10 investigations and then he comes to us and he says I need more money to investigate five other you know entities or people whatever we say no we're not going to give you more money basically we're in control so so my question is what did we achieve well at least you'll have those five investigations okay all right I'm done okay it I I'm just trying to accomplish tighten up the wording and the areas that I described I want to vote for this I think we need to go forward with it but I want to make sure that this doesn't become a freefor all no uh it it could depending whom you have as the independent Inspector General if you have someone uh that's going to be down the line in the middle um it'll be fine but if you have have someone that is going to be more concerned of what the media will say about him um or whom he pleases or not pleases then it could be a concern if we don't have very clear guidelines I just want to say I'm sorry hold okay I'm going to say I'm to for yes I'm going to vote for it you know but but I'll tell you this you know if that's the case and we control the budget you know this to me is you know you're really not achieving anything because we're we're I just said it I mean I mean you know what's you know yes there's a point but there is no point if if you get into that you know uh situation but anyway I'm I'm done I'm ready so yes again I believe we're chasing we're we're in a parade of horribles the committee that's going to select the person to present we still have the opportunity to accept their recommendation or send them back to the drawing board with respect to the budget there needs to be a budget the control on that is that we have they have to come to us so I believe that because we are trying to make ourselves more transparent for our community that this is smart legislation I have a motion second and a second all in favor I I no more discussion of what I was asking just boom boom and city clerk I was trying to see no I was trying to see if the City attorney could add uh uh at least another line on the area that I was inquiring about what was that line again so section d function Authority and power says the office shall have the authority to make investigations of City Affairs and the power to review past present and proposed City programs accounts records contracts transactions period we could add if the commission so desires based upon an independent finding a probable cause do we want to do a reconsideration to add that language I I wouldn't I wouldn't be in favor of adding that language okay but I'm going to ask I'm asking the city clerk what action would we have to take and in abundance of caution I would reconsider the vote that was taken okay do I have a motion to reconsider the vote motion I got a motion and a second all in favor but it is only to add that language that language to protect from any uh outside influence so could you read the sentence again Mr City attorney yes so it would be adding to parentheses D parenthesis 1 functions Authority and Powers the additional language of based upon an independent finding of probable cause that's it so I have a motion as commission aparo yeah so based on that language that means that it's taking it away from the Inspector General well so he has to have an independent finding to his to himself well what it does is it it and it's sort of similar to the um myate Commission on ethics they don't proceed with a fullscale investigation till they make a finding of probable cause so this would just say that the inspector General shall make investigations based upon an independent finding a probable cause so it wouldn't be up to the Inspector General well the Inspector General will be the one determining whether there probable CA needs of finding of yes probable cause and does that they need to make the finding General has to have we are going over and over the same thing I just want to know does that track the Miami dat County ordinance I don't believe they have that this is new language I just sort of okay came up with it but share I think commissioner Paro has the floor yeah my my only point there is I really would like it to track the Miami D County ordinance because they haven't had these problems right so I would be in favor of just moving forward as is and we can tackle these we're kind of putting the card before the horse and let's let's not put it's an independent office why are we putting limits without knowing I agree I agree with you you too also hold on hold on commissioner Rey is wanted to speak next yes uh thank you ma'am uh we have to be careful also in my opinion because this was voted this is a question that was voted and it was it was taken to the public the way that uh it is in the ordinance and we start changing now does that affect the will of the people so what I I will move that we uh I mean vote in the in in this item the way that was presented to the people this uh chair this minute change doesn't hamper whatsoever uh the Inspector General and moving forward uh the addition is very very clear uh it again goes to his independent finding a probable cost his independent finding a probable cost but what exactly does that mean uh not based not based upon um any information that's being sent to him from any source that he's going to make up his mind uh on that you would think that he was going that he would need to uh take the independent step steps to find probable cost okay ma'am any other further discussion I have a motion in a second yes I move it I'm sorry chair who's the second I have commissioner Reyes as the Mover I'll second and that's as is as is what's as is to add the language no no no no as is meaning how the item went to print on the agenda no Amendment as of right now has been accepted by the Mover a seconder okay that's what more on okay I have a motion in a second all in favor I I I I unanimous no thank you no you are no uh this is for the way that he was before not in what we asked the City attorney to place him correct no Amendment exactly so no understood 41 and let it be very clear why I voted no Mr City attorney would you please read the title for our F fr1 item F fr1 in ordinance of the Miami city commission amending chapter 40 Article 4 division 3 of the code of the city of Miami Florida as amended city code titled Personnel pension and retirement plan City of Miami General employees and sanitation employees retirement trust more particularly by amending section 40- 241 of the city code title definitions to define the rule of 80 and clarify the applicability of certain Provisions in section 40-2 55 of the city code titled benefits pursuant to resolution number R 24- 0147 adopted April 25th 2024 to include a 2 and a half% and 3% multiplier for those ired on or after October 1 2010 based on the Miami General employees American Federation of state county and Municipal Employees local 1907 collective bargaining agreement for October 1st 2023 through September 30th 2026 and to update the city code to comply with earlier ratifications of collective bargaining agreements and city code amendments specifically resolution number R11 d0364 adopted on September 15 2011 resolution number r24 D 0013 adopted January 22nd 2024 ordinance number 13203 adopted September 2720 resolutions number R-22 0340 adopted September 13 2022 and resolution number R22 d423 adopted October 27 2022 containing a severability clause providing for an immediate effective date does anyone have any discussion for this item would anyone like to discuss this item may I have a motion for fr1 motion may I have a second second second I have a motion in a second all in favor all I for1 yes this no not not the elected pension this is this is the employees this is the employees yes okay okay apologize okay I kind of thought you were so that's unanimous 5 okay yes 5 yes okay Mr city clerk do you have any board and or committee appointments yes thank you chair bc2 arts and entertainment Council Chair King will be reappointing Willis felin Wills Wills I'm sorry do I have a motion motion motion second I have a motion in a second all in favor favor I motion carries unanimously bc3 arts and entertainment Council mayor Suarez will be appointing Wills felin as the council's chairperson I have a motion second all in favor I motion carries bc16 Little Haiti revitalization trust Chair King will be reappointing Rudy mimay move all in favor I that concludes the uh boards and committees thank you chair thank you okay let's go back we have for discussion the re2 Omni Second Amendment Ila re5 direct City Manager work with omnic Ed to expand boundar of omni C to include alapata and re16 deny extension of Life Omni CR I'm going to allow commissioner Paro chair my apologies and there's also re7 that's still in play they're all tied together oh and re7 direct um let me take the mitigations we didn't do the mitigation so re1 mitigation 2210 Northeast 14th Street good morning Madame chairwoman Commissioners Robert Santos laor co- compliance director good morning D Margo for the property owner morning R1 is a uh resolution for mitigating or not mitigating a property located at 2210 Northwest 14 Street the respondent is conexa Corp the violations notice of violation was issued uh for operating without a certificate of use no business tax receed and and working outside allowable scope adjudicated on September 888 2021 um violation was complied on July 3rd 2024 it ran for 1,28 days occuring a total of 54,000 um the respondent is offering uh 17,8 25 which is approximately 3.47% that's what I have good morning I want to be clear we're offering that 17825 because my clients became aware of the leans on August 23rd 2023 by then there were $356,500 in uh in fines we then our office we came um working with them trying to get this complied with it took us from August 23rd to July uh 2023 to July 3rd 2024 to get compliance it was two or three months of going back and forth with City uh uh the city to try to find out what was going on we were told that we needed to do a public record request to displ documents that I believe we could have gotten an email that took two months so that whole weight added a total of 157,000 and we want that told we we would like to offer 5% of the amount that was when we found out and when we started actively working on getting this resolved and the reason we asking for 5% because this is a CU and lbtr for a tenant that you know they received notice they never told our client about it they didn't obtain their proper licensing but once our client found out about it again they started working diligently to get it resolved this took a long time from August 23rd to July uh 3rd 2024 so Madam chairwoman I'm going to yield to legal division Chief duly who's going to talk about notice in part of our due diligence preparing for you is ensuring that all notices and summons are sent and posted want I let Rachel elaborate if you need to hear good morning Rachel assistant City attorney yes we did review as we do with all of them that come in to make sure notices were sent to the addresses as they were listed uh this is a corporation so would have to go to the registered agent as well that was at the time that was done the property itself was also posted whether or not their client actually received it looked at it cared about it I I can't speak to that but we did follow both Florida statute and the city code AS is required I think what they're asking for is when they realize something was wrong um at the end I don't think we've ever done that obviously that's up to you um but the Total Lean properly ran to $514,000 I am going to yield to the district one commissioner as it's in his district Commission commissioner gella yeah so so Robert what what were they in violation for again I'm sorry so part of the discussion is um the amount of 17 is 3.5% I think no no I know that but for what actually oh for operating without a certificate of use and the BTR and doing what what were they doing they they okay um this is an industrial uh property they have multiple Bays those are rentals right so these are the warehouses when you're going up before the 22nd Avenue Bridge they're on the left hand side on the south side of the bridge on the west side ofre of 22 Avenue trying to get my bearing straight okay and and and and so they were operating without a license and what were doing were they what were they selling what were they doing so they rent they rent The Bays right they rent them out to different uh businesses so by way is this a landlord or the or the business it's a landlord it's a landlord yes okay and so um what I mean is the the violations were they done by the business owner they're rented from the landlord or the landlord is the one that the so what I have is that the property itself was operating without a certificate of use and the business tax receipt which is required by the corporation renting to the landlord could except that's what I have right so it's the businesses who are located on the property right um are required to have certificates of use and btrs to operate which should obviously be part of the lease and not supposed to you know the the city code and state statute cites the property owner is required to make sure that their property is being used in compliance with building zoning and all of those things within the law in this particular case the tenants were not using it as was required by law because they did not obtain their certificates of use um which is more important because that involves fire safety checks and things like that BTR is your basic tax that everybody pays in order to do business within the city the tenant themselves were not doing that in this particular case and that's why they were cited okay so you're representing the landlord and what you're arguing is that you didn't know until August 23rd that these businesses were were cond conducting themselves without without a you correct yeah I represent the landlord um the landlord does not live in here in the US he his lease does say that you know you need to obtain certificate of use OB BTR all the licensing he again did not was not not become aware of these violations for whatever how long how long has a SL Lord owned this property I don't have that top top of my head sorry but I do know so we became aware of this again October 23rd 2 is it recent or or is it the you know I think he's had it for a while it's not not for okay listen let's make it short come up to what what uh you're you're very low on the on the on the percentage that you're offering you know come up to a figure that we can all work with usually Robert you also you always recommend what so commissioner based on and and there's a pattern here a 5% which is something that we are um have have developed as we now uh evolve and going to code enforcement board and that's something that will be seen 5% brings it up to $25,000 that is very reasonable um we can accept that okay don't deal I need a motion second all in favor I as amended thank you at this time I'd like to ask my colleagues to take a break there's a special presentation from congresswoman fredrica Wilson she is presenting us with a check for a youth program so if we could take a second to have congresswoman Freda Wilson come to present huh oh okay um while we wait let's take a another mitigation re2 Madame chairwoman re2 is a resolution for mitigating or not mitigating a property located at five East Flagler Street uh respondent is Twin properties N Rock um the violations are for failure to adhere to elimination standards and graffiti uh the enov was issued on November 28 2021 adjudicated on uh May 5th 2022 complied on July 1st 2024 the violation ran for 787 days acre a total of $393,500 um I understand the offer from the respondent is $122,000 uh which is approximately 5% and that is adjusting for permits electrical permits that were uh obtained and cross referenced via iil sir David Haber of Haber law on behalf of the uh respondent twin properties of Miami LLC with me is Sergio Rock principal of uh the corporation which owns the property this is the old Walgreens in downtown Miami uh they terminated the lease my client approximately 1 month later had a graffiti problem and a uh lighting violation the gra problem was resolved right away they hired an electrician they thought they fixed the lighting problem um they ended up finding out that it was a timer that the screws kept slipping on the timer um and it was according to our client resolved in March the City attorney has acknowledged that by the time we got the 40-year certification it was resolved and therefore they agreed to reduce the amount by $156,500 we've agreed to give 5% of the remaining amount uh we believe that not all violations are created equally um this does not involve a fire issue this does not involve using the property improperly it does not involve any of those things and it's unfortunate that they didn't find out that it was the timer until much later and that's why we've uh asked for the commission to uh accept the $112,000 I'm going to if I I just want to clarify it wasn't an issue of when the recertification was done that didn't have anything to do with this with this issue r on behalf of the city attorney's office it was when their electrical permit was pulled for something else when that was finalized that's the date which brought it down to $237,000 from $393,000 and instead of 787 days it was 475 days so uh with Robert we felt that that was you know fair and so their offer was based upon that I'm going to yield to the district attorne the district commissioner I I agree I've been following the mitigation I'm fine with that I have a motion second I have a motion and a second all in favor I motion carries a pleasure to see thank you so much and at this time as amended as amended at this time we are going to recognize our congresswoman Fredrico Wilson good morning good morning morning thank you so much good morning everyone morning morning morning morning missioners it's always great to be in the heart of the Magic City I want to start by thanking the entire city of Miami commission our beautiful chairwoman Christine King who we love and mayor Francis Suarez for welcoming me here today to your meeting and I want to take a moment to acknowledge the incredible work you all have been doing in the leadup to Hurricane Season I know we were supposed to gather earlier but we were out there doing the Lord's work helping our neighbors prepare for Hurricane Milton and any storms that come our way so thank you for doing that now everyone who knows me know that I love children and that's what got me into public service in the first place because before I was congresswoman Wilson I was Miss Wilson teacher a principal a Miami Dave County Administrator and that's why I'm excited about what the city of Miami is doing with athle range Park I've heard so many stories from folks who about how much they love and appreciate the M athle range Park as a place to play learn and just be kids but we also can do better our kids need more than just a place to play they need a place to grow and to learn and one extra little nugget my Deputy Chief of Staff in Washington DC is Cheyenne range M athley range was her grandmother and this part means so much to her and her family it means a lot to me too em athle range was a trailblazing Bahamian American Civil Rights activist and the first black person to serve on the Miami city commission and has always been an inspiration to be not just as a Bahamian American and a black woman but as someone deeply committed to the fighting for our children uh she was the president of her schools Children's School PTA and the national Miami day and National Miami day PTA president I knew her and loved her dearly she was a member of my sorority it's the same sorority that vice president Harris is a member of I know her Legacy continues to inspire countless others when I was con contemplating on running for the school board I went to see her and I said to her I want what I think I want to run for the school board so she say you sure you you have such a wonderful School you you going to leave your school and run for the school board and I said yes so she said you know politics is dirty she says so what I want you to do is I want you to go home tonight and I want you to think of anything you've ever done that you don't want your mother your father or your family to know because once you decide that you're going to run for public office they're going to know so I said tell me what you mean like what so she say well did you ever shoplift when you were a little girl or in high school did you do anything like skip school or or have a fight did the police ever stop you for jay walking so my heart was beating real fast I oh my God so I went home that night and I thought about it and I was thinking I said let me think let me see did I ever did I ever so I went back the next day and I told her I said I can't think of anything that I really did real bad that I would be ashamed of for my children and my husband and my mother and father want to know about so she said well okay then if you can't think of anything run Freddy run so then I ran for the school board and um I want you to know that this is not going to be just any building it'll be a 12,000 square foot Hub of creativity and activity so we're talking about a multi-purpose room a computer lab with changing stations three homework rooms arts and craft ab area and an indoor fitness place with all the equipment they need to stay active there'll even be a kitchen restrooms and plenty of storage space outside will be a big Plaza with concrete seating and shade structures for those sunny miy days this will be a place where our children and families can come together learn and have a great time because let's be real no child should have to sit in a McDonald's parking lot just to do their homework looking for wifi that's why I'm thrilled to support your efforts because I'm just giving you a small portion of what you're going to need but it's going to help it's going to help construct the state-ofthe-art Little Haiti Youth Center at ay range Park and today I'm going to present you a check for $1 million for which I fought in Congress it's an earmark personally from me thank you thank you thank [Applause] you we are honored to receive that donation I saw our County Commissioner um and he is the commissioner for this area as well I'd like him to join us if he is still in the building for I'm especially thrilled about this because that Park happens to be in my district and our children are so blessed to have you as our public servant thank you so much again listen this lady here she goes beyond beyond her District and when you talk about about a real a real public servant this is the example of it I'm saying this because I spoke with her about a project that I have in Douglas Park which is um a community center that I want to build and this lady fought in Congress and got us a million dollar for that for that Community Center which is totally away for from her thank you I love you and every time that I go to Washington I go visit and she always has an open door for us thank you God bless you God bless you thank [Applause] you I I just want to say and express my gratitude and just what a pleasure it is to work with you and I look forward to the work we're doing in Little Bahamas so I hope that uh in the near future we will have some good news to announce thank you abolutely absolutely say something CU I know you love Little Bahamas being a Bahamian well we're working on that that is um an ongoing project I think we might be up to about 10 million now to see what we can do so we're working with the with you and you and you and you and you and the city manager to see what we can do so that's going to change Miami and Miami just celebrated 40 Years of Carnival in Miami and it was a tremendous celebration I had a wonderful time and this February we are going to have Miami carnival popup in Little Haiti so I'm looking forward to that as well thank you again thank you again congresswoman for your generosity and your public service and you love of our children see youing okay we are going to now finish our mitigations R4 good morning chairwoman Commissioners Robert Sandos salor Co compliance director re4 is a mitigation of a property located at 137 North Miami Avenue respondent is scan that property 2 LLC the noov notice of violations were issued on September 7th 2022 uh for a number of issues failure to register vacant structure failure to maintain failure to display address and failure to adhere to elimination standards uh the violations were adjudicated on November 9th 2022 complied on January 10th 2024 the violation ran for 191 days acre a total of $95,500 the respondent is offering $1 14,325 which is 15% I'm going good morning how are you good morning chairwoman and Commissioners Nicholas Rodriguez on behalf of the property owner uh this is property is in commissioner Paro District this is a historic building uh the building was in active renovation and is still in active renovation uh however the one issue that caused the lag in time and compliance was the illumination standards since it is under construction it does not have FPL power uh the way we resolved it was actually by implementing solar lighting and that's how we're complying with the illumination standards today today but it took a while before we got to that point uh so we feel our offer is fair and we're respectfully requesting that it be accepted today I'm going to yield to the district commissioner commissioner Paro I think it's fine I accept it have a motion second I have a motion in a second all in favor I I I motion carries as amended thank you very much thank you thank you sir re5 re5 re5 is a medication of a property located at 60 Northwest 76 Street respond is hofstatter realy LLC this a five story 19 unit condo the violations uh are for construction work without a a permit specifically a fence the notice of violation was issued on January 30th 2020 adjudicated on November 17 2020 U it complied on July 19 2024 the violation ran for 1,277 days acre a total of 39,2 uh I understand the respondent is offering 10 uh $10,000 and from the notes it reflects that the respondent worked on waivers uh I had an exchange with one of the staff members from one of the Commissioners the violation was for acting offense but we didn't see the waiver application so I don't know um clearly we need to take into consideration the type of violation they wanted to improve the the property but it requires a perment so with that I'm want to yield to the respondent good morning Commissioners Joshua sammon here on behalf of Hoffer realy I'm sorry hoffstead realy I also have Filipe Hoffer here with me um what what he has said is accurate my client had purchased uh some properties and affordable housing there was an existing chain link fence that was dilapitated deteriorated um but was there to protect the property uh upon taking over the management the people who live in the property wanted it the fence to be repaired um it was again an eyesore and not performing its function as well anymore so he retained retained a contractor had a fence that was more pleasing to the eye and provided better security put up in the exact same spot the chain link fence had been there was under the impression that it did not require a permit or that the contractor had taken care of that we later learned that was not accurate upon learning that he sought to have get a waiver so that they could have the fence because again it pro provided protection and there had been a fence there uh went through five different contractors Consultants professionals attempting to get a waiver for this fence because they the people who lived there wanted the fence ultimately it was determined they were not going to be able to get a waiver there were I believe two different waivers submitted I attached those to the initial complaint uh upon learning that there was no way that they were going to get the waiver the the fence was taken down uh decent portion of the time that elapsed occurred during covid-19 there was issues with funding difficulty contacting contractors getting the work done however you know we raised no issues with notice we understand that the the city had done its job and the fence has now been taken down all has been done this is a firsttime offender there was no you know danger to life liberty property and as such we offer $10,000 in full mitigation of the fine attorney douly um do you have something no no no it's yes I saw they they did attempt waivers they were trying to do something prior to the hearing um the hearing happened they didn't request an extension of time and then we know what happens when you don't request your extension of time that that lean gets recorded and that's sort of ended them in the spot but I agree with everything else that both the director and and Council has said with regards to it and it is with respect to offence that so he here was a concern of mine that you hired a contractor contractors are supposed to know that they have to get a permit or they don't have to get a permit that that's that's an issue for me when you hire if if you had said you went on your own and you were trying to do the fence that's one thing but hire contractors are professional and they're supposed to know this so they either didn't know or they were trying to skirt the law I would say the latter if if I was a betting woman but I'm not so that's that's that's a problem because these mitigations come to us and our staff has to do the work and I am not trying to set a precedent so that people can just come to us for mitigation and say well my contractor or somebody has to accept responsibility for what has done that what transpired to bring you here before us I cannot accept what is it 2% 3.13% 3.13% I cannot accept 3.13% I will accept 10% and I usually take 15% or more but I will accept 10% do I have a motion second all in favor I as amended thank you Madame chairwoman re8 is uh mitigation what about we're going to six apologies I have it in different yeah yeah re6 a mitigation a property located at 2505 North Miami Avenue respondant is patb Investments LLC the violations are for uh improper uh storage of vehicle parking of vehicles unimproved unimproved surfaces and failure to register the lot noov was issued of the uh adjudication date on 1014 2020 violation was complied after 616 days acing a total of $154,000 in my notes it says that the owner is uh elderly and um they put on the record that there was an earlier compliance date but I have no way of corroborating that so with that I yield to council good morning good morning Maria graia 15 West Flagler I represent the owner Pat me Investments and I submitted an affidavit I don't know if any of you received the affidavit I submit it from the owner so the owner is an elderly the principal owner is an elderly gentleman his son is here with me today who lives in New York when the owner was um found out that the tenants were utilizing he has the building next door and the vacant lot um the tenants he had an agreement with the tenants no cash exchange hand so it wasn't for a payment to park there but he had told the tenants that they could get a certificate of use to utilize the vacant lot for parking that they can utilize it the tenant never did that um and as soon as he received the notice of violation he told the tenant to vacate the tenant did vacate that's Lock and Load they vacated immediately upon him telling them to leave this happened in 2020 so that was the date of compliance afterwards there was the property adjacent to this property was a construction site and I submitted in the affidavit some Aerials that you can see in 2020 no cars and you see some cars in adjacent vacant lot that is now a construction site these folks in that construction site started moving their vehicles once they started constructing moved their vehicles to this vacant lot and started parking there my client was not aware he lives in Weston he was not there seeing what was happening on a daily basis he did not receive notice that those cars were parked there as soon as he found out when he was trying to register the lot by the way there's two um issues here one was registering a vacant lot he was trying to V register it all through covid was having a really difficult time finally registered that was taken care of that's when he called in the inspector and that's when the violation got cured after the the registration took took place in terms of getting the certificate of compliance but before that when he found out that these um construction workers were utilizing that vacant lot he also told them to vacate and then change the locks sealed the property so that no one else can utilize this this client has my client has been on this property for over 20 years in Windwood he has seen the changes that have occurred in Windwood he has been a good property owner he has always maintained his property in good condition all throughout the years that Windwood has been going up and down and now up again so so we're asking I know that we have requested a DI Minimus mitigation for this um I leave it up to you um but based on everything that my client did try to do knowing that in his he was in his 80s trying to resolve this on his own nothing no money was paid by anyone so it's not like he was utilizing this vacant lot to park cars there and get money and he was just I think an elderly man being taken advantage by others who see that he wasn't there looking at his property on a daily basis attorney dly uh good morning Rachel on behalf of the office of the City attorney uh in this particular case obviously from the city's position the the claim date of compliance which would have I believe they have is in 2020 is not a date of compliance um while he may have requested that other people not park on this empty lot next to the it's the shooting range the gun range in uh in Winwood um people were continuing to park there whether he was aware of it um obviously his age may have had something to do with u not keeping on top of the property I know his son's here and and has been helping him out as well now so things are are very good but the photograph show consistent use of that lot which is why um from the city's perspective We can't agree to this 2020 compliance date it just it doesn't work for us because it just what we know doesn't add up however I think that all of the issues that um you know council's brought up are you know are accurate the Total Lean uh ran to $154,000 um for 616 days so um I know that they've under their Theory you know it was only $4,000 so they're offering a th000 We can't agree with 2020 date just because because of what we see but I it's obviously up to you to take into consideration all the factors um but it is very good now and I know the son is assisting the father um with taking care of the law so this is my district and I cannot accept $1,000 while I sympathize with you sir my father is 82 years old and I handle all of his business all of his business but based on what the City attorney just said I cannot accept again because and not living need near the property not um being elderly that's not an excuse that we can accept and I tell you I understand my father is 82 years old and gets himself into trouble that I have to get him out of as an attorney not because he intentionally gets himself into trouble but just because he's older now so I understand but I'm also a property owner I own property out of Miami I own property in Orlando I am still responsible for that property no matter where I am so but because I understand I will ask for 5% which I rarely if ever do we appreciate that thank you very we'll put it at 7,500 do I have a motion Motion in a second thank you all in favor all all right as amended thank you okay now we go to re8 re8 um re7 is something that we pulled out for discussion re8 is the next mitigation mam chairwoman Commissioners Robert S B co- compliance director so re8 is the same respondent and has two different properties with two different sets of violations the first property uh is 601 Southwest 6th Street the respondent is VQ Everglade development this uh the case before you is for a notice of violations for failure to maintain exterior property failure to clear to maintain in uh in Clean safe condition and removal of required Landscaping noov issued on July 8th 2020 the case was adjudicated on March 4th 2021 it complied 1,187 days later uh accur at a total of 623,000 and I understand the respondent is offering 29,6 75 which is approximately 5% of importance is on this specific property and then we'll talk about the other one which is a little bit more problematic but this one has a history of issues 14 cases in a period of 10 years um which is something for your consideration so uh 29,6 75 makes it right below 5% commissioner do you want to discuss this one or you want me to go into the next one since they're both I I do what is the total amount of leans here in this one so on the first one is six 23500 623 500 okay uh Miss dly is giving me an earlier compliance date but 623 on one and 462 on the other one I'm going to give you the total in a second tell me collectively on both properties uh the total ACR acred lean amount is 1 million 55750 how long did this go on for so this one took 1, 187 days the second one which I have not read into the record 1,00 1,187 days and is our demo yeah so yeah let let r on behalf of the office of the City attorney for each of these they have a little bit of a difference in their compliance dates because when we don't get when the city doesn't get called out the day they get called out is the day that it gets complied on the first case which is the 2020 case for the 601 property the compliance date uh per the inspector was actually June 4th of 2024 which would make it $593,000 or 1,187 days the second case in which they are found to be a repeat violator for the other property um the city did a demolition on the property uh we removed it they they've paid all of the demolition leans and all the tickets and everything associated with that or they wouldn't be here today but so they have paid all of of those costs um so in that case um that made a significant difference from complying the case in 2024 versus 2021 when the city actually demolished the structure put saw down and fenced it off um and so for that one and and um for that property which is the 2019 case the total would be 850 days or $212,500 so it comes out in a total for both properties to be it's 5935 plus 2125 just under a million 800 math is not my strongest just under 700 do 12500 What's the total $752 $752,000 for both why did it take them so long to comply I can explain commissioner uh good morning my name is Sebastian haramu uh my address 283 Catalonia Avenue Coral Gables as to the first case uh it had an unsafe structures case tied to it so there were violations that needed to be cured permits to be pulled you order to cure a lot of the violations and the issues with unsa structure so that took a significant amount of time eventually those violations were cured and they were able to get the CU and the BTR to cure all the violations as to the second one the property was in disrepair and significant disrepair so it was demolished but all costs have been paid and the property now sits as a vacant lot but everything has been resolved and settled with the city how much are both properties worth market value commissioner as to the second one it'd be difficult because it's it's a vacant lot that sits I have the address for you but it's it's just a vacant lot that sits there how sareet I have I have that information for you in preparation square feet is lot so I'm sorry how many square feet is that up okay I I don't have that in front of me I'm going to get it for you but the value according to property op he can give you that according to the property appraiser value is at 545 500 45,000 and on the first one according to the property appraiser the value is at 624 th000 while Council gives you the square footage I apologize the vacant one is um just under 10,000 square ft how about the other one and then the other one is 7200 square F feet 17,000 approximate give or take and the U properties and market value have to be at least double what your paying taxes um what uh say you uh is to well commissioner what I what I wanted to say and put in the record is that that second property at 1111 or6 Street is a repeat violation and and uh you and I have had this discussion repeat violators should be treated differently because we issue the NOS we adjudicate and then lo and behold it happens again and I think that's that should carry a different uh penalty if I may so assuming the with the Amendments made to the compliance date on the ACR of 752 uh 15% which is what I would recommend at the very least is 112,500 that's both combined 11 12,800 800 yes sir and that's lowering the fine for the first one at 601 but that that 11-11 for the record they have 14 cases in 10 years that that respondent I'm sorry Council was not a good one 14 sir yes sir on this property I'm sorry a this property yes sir I I understand it's no excuse but that as to that property at least all the issues have been resolved because it was demolished so this isn't a property that's going to no no further issue will arise because it's a vacant lot and just to be clear both of these properties are in a low-income housing area so they're not a significant value the first one is just I believe it's under four units and uh yeah it's four living units and the second one was also multif family but now it's just it's as a v lot you'd be surprised for they're going for there but I think you do know um what uh additional information would you like to provide no sir other than the 15% makes 11 12,800 and that that that would be if you ask me a recommendation that's what I would say at the very least Rachel anything more you like to uh put into the record no sir what would you like to offer sir um commissioner we had originally offered 5% on both uh fines in light of the city's presentation we' like to increase our offer to 10% 15% we believe is excessive given the value of these two lots understand what you commissioner mentioned what surprised but this one specifically it's on 11th Avenue in Northwest 6th Street it's not a very commercial area when it comes to that type of property so I realize that a lot of these multi family might be going for more now but giving its size you'd be limited in what you could develop a resell that property lot for well the property appraiser value is uh approximately 1.2 million just a little below that um the the actual market value has to be no less than too many in that area I um if you were not um someone that was a constant violator even though the property has been torn down uh I might look at the 10% but I have to go with the staff's recommendation of 15% I understand commissioner could we do 15% of the second property which was the repeat violation one and the first one it was a CU and a BTR that just had issues like I mentioned before tied to an unsa structures case Mr uh code enforcement director uh the second property the second property uh the acrs for just for and Todd asked to make this clear uh the first property which is the 601 property the total adjusted based upon the actual compliance date would be $593,000 and for the second property on this which would be the um it's the 1111 property would be $212,500 total the second property is the one that when it was found in violation was found to be a repeat violator at that time was found to the board found it as a repeat violation on the on the second property for that case was found as a repeat violation so the first was not a repeat violator no sir it was not it was a first time it was adjudicated this is the 593 yes sir so I'm doing the math if we do the 5% on the 593 we can round it up to 30,000 that's 29,6 75 5% now yes sir but I I will say that as we are ready to uh proceed with the guard rails that you guys that uh the elected requested um repeat violations would go at 20% and that's going to be uh part of the resolution and that I would say that we apply it here and that 20% at 212500 will make it 42,500 and 10% of the other one would be how much 59 59 5,350 10% would be 5935 and the 20% and the other 200 what plus that would make it 101 850 which is a little below than the collective 15% yeah what say you commissioner I think I I appreciate the city attorney's position and but they went from 15 to 20 and I understand that they want to make that change but if they want to penalize my client I get it and on the repeat violation I would maintain that we're fine with the 15% that they had initially proposed as to the first property we would maintain that we should stay under the 5% which is what's typically given by this commit I that would I understand the position but we would request that we be giving this exemption and and we be granted a 5% well I'm going to tell you what I'm going to do uh the originally started with 15 across the board that would have made it 11 12,800 with 20% on the smaller amount and 10% on the higher amount it's 10850 you save uh almost $111,000 so I will go uh with a motion for the 101 850 20% on the second one and five right below five or 10 10 on the other one yes sir so there there's a motion for 101,8 $50 it's been second uh chair we have a motion in a second for 101 850 all in favor I I I motion carries thank you thank you sir as amended as amended fa can we take up the other items uh that I had asked originally afternoon yes afternoon uh I intend to we have a Virginia Key Beach we have one mitigation left can we get through one mitigation and then the Virginia Key Beach trust meeting that will be short Madam chairwoman Commissioners re9 is a deferral that came from uh September from last time that we met um I remember this is a mitigation of a property located at 225 Northwest 16th Street the respondent is 225 Group LLC this an 8 unit apartment building um for the record I'll put uh the notice of violation was issued uh for was issued for operating without a certificate of use and business tax receipt issued on September 14 2014 adjudicated on June 15 2015 uh it ran for 3,263 days acre a total of 820 3,250 and the offer as far as I see is $30,000 I want to yield to Rachel dly to elaborate I guess it's barely good afternoon Rachel on behalf of the office of the City attorney last mitigation for today um this was the reset Council and I along with the director went through the compliance dates um there was a discrepancy in City View um the actual amount of days that the property was out of compliance was 3,289 days which would make it a total of $22,200 um what we also did find that the TCU was issued 30 days prior to the compliance date uh the email had been sent over to the code inspector they get a bunch of emails a day they didn't comply it for 30 days but the TCU was issued so less that 30 days um brings the total amount to uh $84,700 is the a total amount of violation uh for $3,259 days and I believe uh at the there was discussion about other issues um we did meet with um both Council and um the owner with regards to making this affordable housing uh the owner did not wish to file uh any uh Covenant on the land and so therefore would not qualify in terms of what we know affordable housing to be versus I guess what his belief was in terms of what he's willing to offer on his own so um that's where we are sir good morning good morning commission M chair Ralph Rodriguez of Ken oconor on behalf of 225 Group LLC and I have Mr javel Salan who's the president of the company the land landlord and owner of the property um as you are well aware this it this item was deferred to explore the possibility of having the property certified as low-income housing no I think I'm going to correct the record the previous time you were before us it was stated that the property was for affordable housing so we deferred it to go get some clarity on that and what I understand is that through a meeting you said no this is is not Des we will not designate this as affordable housing you would not enter into a covenant for affordable housing is that correct that is correct your honor as I indicated uh I was not here at the last hearing my colleague Mr Alvarez was here I had another hearing I had to attend my understanding and Mr Salman's here is that he offered to provide this property as certified for low-income housing um I will tell the the commission that the rent rules on this property are qualify for 80 below 80% of the Ami the rent roll goes from a low of $1,000 per month to a high of $1,550 per month which is well below the average monthly rent for the City of Miami so although the property although the owner just will not want to em birge the property with a covenant that runs for the land as perhaps you might understand uh it's a small apartment building there's a picture of it here if I may show it only has eight units as eight units which has been completely renovated and um so from an economic perspective it doesn't really make sense economically for the owner to encumber the property uh with a covenant that RS of the land so that said though he has sir you you do know I'm an attorney right I heard you yes oh no I I I didn't say to you that I'm an attorney no I heard you you you said you were an attorney when you represented your elderly father I was here that's true so I caught that yes ma'am I did catch that okay just wanted I was listening okay just wanted to remind you that I'm an attorney okay I was listening and so and and I anyways judge the point being here is that our client is doing I think he's being very fair in terms of the the rent that he's charging for these units we would like to you know address the issue of the violation he didn't become aware of the violation until June of this year I know that the city posted it I talked to Miss douly have a very good working relationship with Miss douly um he didn't find out about it but the minute he found out about the violation he cleared it up within 30 days uh of the the day he became aware of it and um all we're asking is that you take these factors in consideration we want to continue to hold the rent at the the rates that we are you know obviously the amount of the the the f that we have to pay will impact that at some point and so we would ask that um and we're going to offer um 5% uh of the uh 814 amount which I believe is close to $40,000 attorney dly so all I can say is I you know I I don't know what their expectation of certifying a property as affordable housing I know that's why we took the we don't do that um if he doesn't want to do the cover I don't know about any of the I'm sure this is all correct I I don't know any I I don't have an issue but I we can't certify that I but I don't I don't we don't do what they're asking to do and so maybe that you know that's their misunderstanding um we've already addressed notice I don't have an issue with that so you know it's up to um obviously this panel they initially offered um 30,000 I guess it's now and they're to 40,000 um so director now that 5% we put it at 40,700 um and that's kind of within the guidelines of the new process that we're uh with the guidelines that we have developed but other than that don't have any other recommendation as a point of reference I don't know if Council talked about the market value of the property if you want that uh it is 327 for two according to a property operater okay so I'm going to ask for 10% do I have a motion second all in favor I I motion carries thank you guys as amend thank you madam chair as amended thank you Commissioners was one more request uh we would like 30 days to render the payment and I think the the rules we have 20 days but we have to put it on the record is we have 30 days 30 days to pay for when it's rendered that's what you're asking yes ma'am I don't have an issue with that okay as amended thank you thank you I'm sorry I came get at this time I'm going to recess our city commission meeting and we will are you sure we're going to recess the city of Miami Commission meeting for October 15th 2024 we will resume 2 hours after the last meeting that we take we have a Virginia Key Beach trust meeting so when that meeting concludes we will resume two hours after that thank you so we can just have a moment to flip the tape please and don't forget there's a blood drive outside blood van for all who's interested please give it saves lives how much I pay for my blood that they will pay for my blood e e e e we are going to begin the Virginia Key Beach trust Park Virginia jiny Beach Park trust meeting it is October 15 2024 and welcome well thank you Madame executive director thank you chair thank you board at this time we'd like to go ahead and approve the minutes for the Virginia keep Beach Park trust meeting from July 11 2024 do I have a motion second all in favor I I thank you public comment at this time public comment is open I don't see anyone coming so for any item that is before us on this agenda seeing no one for public comment public comment period is now closed uh we also have the absentee wa avors for uh Vincent Brown and I believe Peabody as well do I have a motion to approve the absentee waivers for members Vincent Brown and Miss Bonita be I have a motion in a second all in favor I motion carries thank you and then I'm going to pass it to attorney fosler for the resolution of our first item good afternoon so the first resolution for your consideration is a resolution of the Virginia Key Beach Park trust with attachments approving the Virginia Key Beach Park trust meeting dates for 2024 2025 calendar year as set forth in exhibit a attached and Incorporated providing for an effective date do you have a motion move it I have a motion in a second all in favor motion carries thank you your second resolution is a resolution of the Virginia Key Beach Park trust with attachments by a 45ths affirmative vote pursuant to section 18-85 A of the code of the city of Miami Florida as amended after an advertis public hearing ratifying approving and confirming the executive director's finding attached incorporated as exhibit a waving the requirements for competitive SE sealed bidding procedures as not practicable or advantageous to the trust to enter into a revocable license agreement with Palomino Ranch and tours LLC allowing it to operate guided horseback riding tours at the historic Virginia Key Beach Park authorizing the executive director to accept and appropriate revenue generated from the rla authorizing the executive director to negotiate and execute a revocable license agreement between the trust and Palamino Ranch and tours in a form acceptable to the City attorney further authorizing the executive director to negotiate and execute all other documents including amendments renewals and extensions all informs acceptable to the City attorney subject to Future allocations Appropriations and budgetary approvals made in compliance with all applicable laws and provisions of the city code providing for an effective date yes it's 5+ two what's a what's a four F I think we have it because we're only missing one so that would be we're only missing one so that would be four fths um commissioner gabella but he's not here so the two Vince Brown is a member and Miss Bonita P Jones Miss Bonita Peabody Jones is another member so it's the five of us plus two right the five of us plus two seven you you would need six is how many we have six 1 2 3 four five six what kind of what insurance I have to double check with the um the contract but we've worked closely with the risk Department the minimum requirements they suceeded I believe it's a $2 million policy with um workers comp if they have four um employees or more so we are um making sure that whatever the city requires we make that our standard as well and I also have the vendor here if you have any questions we we do we have a hold harmless for both the city and for the trust within the agreement correct how many times he's voted to 45 variety of EV do I have a motion motion I have a motion in a second in favor motion carries is that it thank you and the third resolution for consideration is a resolution of the Virginia Key Beach Park trust with attachments approving and adopting a business and concept plan attached and incorporated as exhibit a for the Virginia Key Beach Museum to be located at historic Virginia Key Beach Park providing for an effective date so this item now is it is significant because we are moving the needle toward realizing the museum that has been promised to the community for over 20 plus years we are now accepting the county has accepted our business plan is that correct correct yes and now we have it so we're another step closer to realizing the vision of Miss athley range and having a museum in this space and I'm so proud to be a part of this trust and this body that we are getting the work done that needs to be done to see this Vision do I have a motion motion I have a motion in the second all in favor motion carries unanimously and that concludes our Virginia Key Beach trust Park meeting and I said that backwards but you know what I mean you might have uh one more discussion item it's just the quarterly meeting which is required by our bylaws you guys all have copies of that that gives you our financials and updates every quarter thank you meeting adjourned thank you thank you so much the city of Miami commission meeting will return approximately 2:30 and those again there's a blood drive outside please con please give or consider giving blood it saves people's lives I am I'm going right now to give blood