2026-10-22 - City Commission
Summary
Based on auto-generated captions; names and figures may be misheard. The first half hour of the recording is music before the meeting begins.
- Proclamations opened the meeting: a Miami-Dade Public Schools police officer, the Historic Black Police Museum in Overtown, Breast Cancer Awareness Month (with an Oct. 24 walk at LoanDepot Park) and the Latino Art Beat scholarship program.
- The city manager listed items deferred to the Nov. 19 meeting (including CA2, RE10, DI1, PZ8, PZ9, PZ12 and PZ13), items withdrawn (R9, DI2) and items deferred indefinitely (FR2, PZ10, PZ11, PZ15, PZ19). The agenda was set by voice vote, with a pocket resolution added by King appointing Nancy Neves acting executive director of the Virginia Key Beach Park Trust.
- Public comment on micromobility (SR3) asked that the 30 mph street rule apply only to city-controlled roads, that parents of children under 16 be exempted, that the ordinance take effect at least 90 days after adoption, and that motorized scooters and throttle e-bikes be banned from sidewalks in dense pedestrian areas. Other speakers backed stronger animal welfare penalties, supported zoning that would let the JW Warner House sell air rights to fund restoration, spoke on tree removals in Margaret Pace Park, and argued for and against the budget and referendum items.
- The consent agenda passed by voice vote after CA3 was retitled on the floor. Resolutions RE1, RE2, RE3, RE4, RE7, RE11, RE12 and RE13 passed unanimously. RE5, which sets up a donor-advised-fund route through the Miami Foundation for private gifts to city projects, was pulled by Pardo and passed unanimously. RE8, on notice for pay-by-phone parking sign installations, passed unanimously as amended to apply to residential properties and to cut the notice period from 30 to 7 days.
- On second reading the Commission passed SR2 (a park use approval process for farmers markets in city parks) and SR3 (the micromobility ordinance, amended by a memo dated Oct. 14) together, with no one opposed.
- First readings: FR1 (building permit fee provisions to comply with state law) and FR3 (parking trust fund changes) passed together unanimously. On the animal ordinances, Pardo said FR4, FR5 and FR6 were filed days apart and overlapped. FR4 sets maximum penalties of $2,500, $5,000 and $7,500 for first, second and third animal cruelty offenses. FR5 was withdrawn and its content folded into FR4, and FR6 was amended and moved to second reading, both by voice vote.
- Appointments: Escalona named Jason Manowitz to the Code Enforcement Board and Risa Fernandez to the Tree Ordinance Advisory Committee.
- Planning and zoning: the remaining non-deferred items (PZ1, PZ2, PZ3, PZ6, PZ7, PZ14, PZ16, PZ17, PZ18) passed together unanimously, some amended by memos dated Oct. 20. PZ4 was pulled; at King's request, reduced-parking payments in districts with their own parking trust funds (Design District, Wynwood, Wynwood Norte, the Grove and Little Havana) go to those neighborhood funds, and the amended item passed.
- PZ20 was an appeal of a tree permit decision for the Morningside Park shoreline project. The appellant said trees, including monkey pods and a Java plum, were cut without proper notice and asked for replanting and a refund of his $97 fee. City staff's landscape architect said the removals followed a contractor's saltwater disposal mistake, seawall pile damage and a Java plum fire, and that the project replaces them with at least 96 trees. Pardo supported denial, and the Commission granted standing and denied the appeal on the merits unanimously.
- The city attorney read notices of closed attorney-client sessions on Nov. 19 on pending litigation (a federal insurance case and a city suit against Miami-Dade County). The Commission directed administration to have procurement issue an invitation for quotes within the landscaping services pool for public works, and approved a pocket item tied to the Virginia Key Beach Park Trust. The Trust then approved its Oct. 8 minutes and appointed Neves acting executive director at her current finance coordinator salary, subject to Commission approval.
Issues discussed
- Farmers Market Process in City Parks
- Micromobility Ordinance
- Animal Cruelty Penalties Ordinance
- Morningside Park Tree Removal Appeal
- Parking Trust Fund Reduced-Parking Payments
- Virginia Key Beach Park Trust Acting Executive Director
Agenda
Consent agenda incl. R-26-0475 accepting right-of-way deeds of dedication and a revocable license for 74 parking spaces at Marlins Park (Stadium Parking, LLC).
Sources
- Full meeting video: https://www.youtube.com/watch?v=O0BOGQ2Hv9o
- City recap video (3 minutes): https://youtube.com/watch?v=5gSmuALYdMY
- Agenda: https://miamifl.iqm2.com/Citizens/FileOpen.aspx?Type=14&ID=3991&Inline=True
Video
City recap (3 minutes): Commission Highlights
Transcript
These are auto-generated captions; names and numbers may be misheard.
Transcript
00:56[music]
03:11Heat. Heat.
04:11Heat. Heat.
05:37>> [music]
05:41>> Hey, hey, hey.
06:08Heat. Heat.
06:31>> [music]
06:44[music]
06:46>> Heat. Heat.
07:58>> [music]
10:58[music]
12:01>> All
12:17right.
12:52>> [music]
13:14[music]
13:55[music]
14:34[music]
14:44[music]
14:48[music]
15:20[music]
16:36>> Green.
16:46[music]
16:50Hey. Hey.
17:11crazy.
17:15Take it.
17:26Are you [music]
17:36happy?
19:45do.
19:51Hey
20:11>> [music]
23:02[music]
24:06>> Hey,
24:10[music]
24:12hey,
24:16hey.
24:34Hey,
24:44hey,
24:48hey. Heat. Heat.
25:27feel
25:34heat.
25:38Heat. Heat.
26:42Hey.
26:47Hey. Hey.
26:50Heat. Heat.
27:37Heat. Heat.
28:42>> [music]
29:20[music]
29:36[music]
29:51[music]
30:32[music]
31:09[music]
31:15>> Hey, pretty pretty nice week here in
31:16Miami, don't you think? Uh October is
31:19here. I don't want to say it out loud
31:20because I don't want to jinx us, but
31:22boy, the weather seems to be changing uh
31:24from what we had over the summer. It's
31:26great to be here in chambers for the
31:29October 22nd at Commission meeting. And
31:32as we always do, uh, we start with
31:35honoring and recognizing
31:37people and organizations that make a
31:40difference in our community because
31:42that's what makes Miami so amazing. We
31:45have people in every neighborhood doing
31:47things uh to keep us safe, make our life
31:50more interesting, develop our kids, uh,
31:53and and much more. So our first
31:56presentation today um this presentation
32:00this award recommendation actually came
32:02from a resident uh often we don't get
32:06that it comes from one of us but officer
32:09Raphael Barentos from Miami Dade Public
32:12Schools police department has been
32:15serving the kids right the good morning
32:19the children the educators
32:22um at Dr. Charles Ardrew K through8
32:25center. And when you're serving at a
32:28school, you're serving the whole
32:30neighborhood in the community. And so we
32:33wanted to recognize you on behalf of the
32:36families and the kids that you mentor
32:39and keep safe and keep on the right path
32:43um on behalf of the neighborhood. So
32:45we're very happy and grateful that you
32:47are here this morning. And Commissioner
32:48Partardo, do you want to say a few words
32:50about our beautiful Northeast District?
32:52I do very much so. Uh this is a
32:54proclamation and the parents. We
32:57received several emails. There's no
32:59better proclamation than one that comes
33:01from residents and people asking to have
33:04someone recognized. So I think that
33:06really speaks to your work. I'm proud
33:08that you're an Edgewater resident. And
33:10so we just want to honor you and thank
33:12you for your service and all the work
33:13you do every day. Thank you.
33:15>> Thank you. Sure.
33:20>> [applause]
33:22>> Good morning. So, first and foremost on
33:25on behalf of Chief Lopez, uh I do have a
33:28message from the chief. He wanted me to
33:30tell you that we're hiring. We're
33:32accepting applications and you don't
33:34have to go through Dural. You can go
33:36right to the city of Miami. Uh but I do
33:39want to congratulate you. You know, as
33:41the may as the commissioner mentioned,
33:43it's great to be recognized by your
33:45department or by a government entity,
33:47[clears throat]
33:48but when you're being recognized by the
33:51people that you serve, it makes it just
33:53that much more special. So,
33:55congratulations. Thank you for
33:56representing your department, but more
33:58importantly, our profession the way that
33:59you do every single day. So, thank you.
34:04[applause]
34:05>> Would you like to say a little word
34:07about your kids, your school? No. Yes.
34:11>> I love what I do. I'm grateful every day
34:13to be able to get up every day and do
34:14what I do.
34:15>> Well, thank you.
34:16>> Thank you.
34:17>> We appreciate it. [applause]
35:17And do we need a chair for him?
35:20See if Terrence wants us to have a
35:22chair.
35:31>> All right.
35:33And now, um, I'd like to bring up a
35:38group of people that I have learned so
35:40much from and particularly the museum's
35:44director at the historic Black Police
35:47Museum, uh, Terrence, please come on up.
35:51And we have so many of the board members
35:54here.
35:56This is a place um in Christine King's
35:59district that has a lot of meaning to
36:02our community as a place where black
36:07police officers worked um cared for
36:10their neighbors, kept them safe, and now
36:13is really a legacy about that teaches
36:17us. It's not just an educational place
36:19and a gathering space, but it is a place
36:22where it teaches the next generation of
36:26children and young adults and people
36:28like me about the history of our
36:31community, not all of which is good. Uh,
36:34and so I am just forever grateful for
36:37you being in the neighborhood for
36:40reminding us of the work of our police
36:44department, but also the work towards
36:47repairing the the wounds of racism and
36:51what that meant in Miami, what it still
36:53means in Miami, and how important that
36:55is for our community and also for our
36:57nation. Let me just turn this over to uh
37:00Commissioner King to say a few words
37:01since she's also helping with the
37:03proclamation.
37:05>> Good morning. Congratulations.
37:08The work that Terrence does to keep the
37:12legacy alive of our first officers is so
37:15important to the community and I'm proud
37:18that the museum is in the historic
37:21Overtown
37:23and rightfully so. I've learned about
37:26the struggles of our first police
37:28officers and to keep this story alive
37:32when we are living in a culture that
37:35wants to forget our past. Terrence does
37:39not allow that to happen. So,
37:41congratulations. and to the board
37:43members. Thank you because we can't
37:47and our founder because we can't do that
37:49without volunteers
37:52that support us in this journey. So,
37:55thank you and congratulations.
38:01>> Terren, would you like to say
38:04>> I'd like to thank this visit?
38:07Well, you can come Tuesday through
38:08Saturday from 10:30 until 3:00 and book
38:12your tour today. Don't wait until
38:14February, right? I want to thank the
38:16city of Miami for remembering how
38:19important it is to preserve and protect
38:22and share history. So, Miami doesn't get
38:25rid of all of our preservation um
38:27location. So, just know that. and to
38:29Lieutenant Otis Davis.
38:33I would not be able to stand here as the
38:36director if it wasn't for your
38:38determination to ensure that we had this
38:42history protected. So this is the man
38:45who made us a museum, who helped us to
38:47become a museum. So we want to say thank
38:49you.
38:49>> Thank you.
39:03Let me hold this.
39:11That's better.
39:42Thank you.
39:45>> Appcate.
40:51All right. Um, is anybody wondering why
40:54I'm wearing hot pink today? Uh, well,
40:57I'm sure you know it's breast cancer
40:59awareness. Oh, see, we our city attorney
41:01knows.
41:03Um it is breast cancer awareness month
41:06uh at the city of Miami. What you will
41:08find is all month long every one of our
41:12departments uh whether it's solid waste
41:14to our police department to our fire
41:16department um is raising awareness on
41:21the importance of getting screened for
41:23breast cancer and raising money for
41:25research. Uh and Saturday is a very big
41:29day in the city of Miami. We have lots
41:32and lots of employees uh that will be at
41:35the breast cancer walk at Marllin's Park
41:38Loan Depot stadium on Friday morning.
41:40So, it's Friday morning. Sorry. Um I'm
41:43giving the director um kind of uh heart
41:46palpitations because he doesn't have to
41:48have this race set up till Saturday.
41:50Saturday morning. So, if you want to
41:51join us, it costs nothing. You just have
41:53to wear pink and a pair of sneakers. But
41:56today, I want to um I just want to say
42:00thank you to the American Cancer Society
42:03uh for all you do to raise to to
42:07organize this entire month's activities
42:10and to make sure um that people know,
42:14right? They know that this is a disease
42:15that if you get screened early, uh you
42:18can survive and you can survive very
42:20well and and live for for decades and
42:23decades longer than that. and and for
42:25also making sure that this event is a
42:28real gathering space uh for all of us.
42:31We have our fire chief here today. We've
42:33got our police department and um a
42:36couple of survivors here. We we're all
42:39scooch over here. Come on in.
42:43[applause]
42:45And and so we wanted to recognize you
42:48for this in part to recognize your work,
42:51but in part to make sure that we're not
42:53just raising awareness. We're also Okay,
42:55everybody get your steps in. Get your
42:57steps in and get get all Steven up
43:00because we are going to be walking on
43:02Saturday. So, um probably you all need
43:04the practice, right? Yeah. Okay, there
43:06we go. Um, but we appreciate that you're
43:09raising awareness for the race and
43:11encourage absolutely everybody to be out
43:13there. I will be out there in my pink
43:15sneakers. Uh, so so please uh please
43:19join join us in that day. Commissioners,
43:21anybody
43:23want to add anything? Okay, here I'll
43:26trade you.
43:27>> Okay.
43:28You're gonna get it anyway.
43:30>> Breast cancer awareness is very personal
43:32to me. Um my father had breast cancer
43:36and when you think of breast cancer you
43:38don't think of men having breast cancer
43:43but they do and um my dad had a double
43:46masectomy
43:48and one of my dearest friends
43:52this month rang the bell for her last
43:56her last treatment. So it it is very
43:59personal to me and she wanted me to
44:03share that with the community. So it's
44:05on my socials with her ringing the bell
44:09and I remember her first treatment. I
44:12was there with her. I sat with her and
44:19so many people lives are touched from
44:23breast cancer. I lost my dad but not to
44:26cancer. He survived and he was more than
44:29a five-year survivor of it. Early
44:32detection saves lives and I can't say
44:35that enough. Early detection save lives.
44:39And there are for those who are
44:42uninsured or underinsured. There are
44:45organizations that are providing
44:47mamograms for free. So please take
44:52someone and get screened. get screened
44:56because this is one of the most curable
44:58diseases once it's caught early. So,
45:01>> absolutely.
45:03>> Yeah.
45:04>> On that note, I wasn't going to speak,
45:05but what I want to say is that for the
45:07people in district one, uh we gave Laia
45:09Gondraza last year about $500,000 to be
45:12spent on that. So, I encourage any
45:14anybody in my district, we're going to
45:15be in direct park in Greatland
45:17throughout the year to get informed. We
45:18put it up on our website uh to to do
45:21this uh prevention, the cancer
45:22prevention. Thank you.
45:23>> Yeah.
45:24And if you don't do it in October,
45:27schedule it like your birthday. You
45:29never forget your birthday. So have your
45:31mamogram screening on or around near
45:34your birthday so you don't forget it.
45:36>> That's a good idea. Okay. And I know you
45:38have
45:38>> Yes, absolutely. We have a mamograms uh
45:41screenings this Saturday at Manolo Reyes
45:43Park. All the information is on our
45:45social media, ladies. Absolutely. Check
45:47it out.
45:50And then maybe you'd like to tell us a
45:52little bit about the work of um your the
45:54organization and the event on Saturday.
45:57>> Well, yeah.
45:59>> Ah, awesome. Thank you. And I apologize
46:01for not wearing pink. Uh I ran out of my
46:03pink clothing this month already, but
46:05the American Cancer Society, um the
46:08great partnership that we have with the
46:09city. I want to thank all the
46:10commissioners. I want to thank everybody
46:12that made this possible. This
46:13proclamation is about awareness. We've
46:16already talked about it, right? getting
46:18screened early. Early detection is the
46:21key. And a lot of great programs are out
46:23there. Take advantage of it. But as the
46:24American Cancer Society, we want to make
46:26sure that we're advocates for those
46:28going through this. It impacts everyone.
46:30Friends, your your daughters, mothers,
46:34fathers that we hear, we hear a lot of
46:36those cases coming through. So, it's
46:38about being aware. And that's what this
46:39month's about. And this walk that we
46:42talked about that's happening this
46:43Saturday, October 24th at Lone Depot
46:46Park from 7 am to 10 a.m. 11:00 a.m.
46:49It's going to be a great opportunity to
46:51celebrate not only the survivors that we
46:53have here, but we're also going to
46:55celebrate those caregivers and those
46:58thors that are continuing to battle this
47:00disease. Thank you again for the city of
47:02Miami for your partnership and your
47:03continued partnership. Together, we will
47:05end cancer as we know it.
47:07>> Thank you. Congratulations. And last but
47:09not least, before we take the pictures,
47:11our police department, our fire
47:13department, we have our pink uh vehicles
47:16out there. If anyone if their items not
47:18being heard till later, sneak out uh and
47:21take a picture uh so you can help us
47:23raise awareness for um for breast
47:26cancer. All right. Thank you.
47:56>> Thank you.
48:18All right. And now, it's not that I've
48:21saved the best for last because all
48:22these people have been pretty pretty
48:24fantastic. But we have Oh, thank you. We
48:27have a group of young people here from
48:30Latino Artbeat. Uh this is an amazing
48:35group. Obviously, it's a not forprofit
48:38um that is working in lots of cities in
48:40the US and we are so fortunate um that
48:43they work here in the city of Miami. So,
48:46folks,
48:48Don, you're up here and all the
48:51students, we've got teachers, we've got
48:53coaches. So let me just uh read off. We
48:57have so many amazing students and I'll
48:59talk a little bit about everybody's bra.
49:02See this is the most creative
49:04presentation. Look at this. All right.
49:05Here let me scooch in the middle. I
49:07don't want to block anybody. Everybody
49:08up. So this morning we are recognizing
49:12uh seven amazing students
49:16for all kinds of artistic uh things. Uh
49:20for example, we have Gabriella Duk who
49:22has won first place for Amistad
49:25eunid.
49:29We have Rosemary Gabota who for paragua.
49:36We have Maline Pina who is not here
49:39today but her mom is. Uh no Sav.
49:44We have Emily Melendez, also for art in
49:47Laentanita. We all love that. And
49:51Isabella Grow, also art. Capacito,
49:55Miami. There's a lot of caffeine up
49:56here, I think, and energy. Uh Dylan Rice
50:00for film sent away, brought home. And
50:04then Nicholas Castillo also for film for
50:07housekeeping. So Eddie will and then let
50:10me talk D. you want to help us um give
50:13out the we have some medals and others
50:16to give to the students. All right,
50:17let's and then you can tell us a little
50:19more about the organization.
50:20>> No, this is so pretty short.
50:22>> Good morning. I'm Don Rossi Nio. I'm
50:25president of Latino Artbeat. We have
50:28offered uh scholarships for visual art
50:31students here in Miami for 29 years. And
50:35as I was telling uh Madame Mayor, we've
50:37now surpassed a million and a half
50:40dollars that we've contributed to
50:42various Miami students. And on a
50:45national basis, we've given out over $6
50:47million. You can applaud. You can
50:50applaud.
50:53We're very thankful for the support of
50:56uh Madame Mayor and her office, also
50:58Miami Dade County Public Schools, our
51:01partnership with the Miami Convention
51:04and Tourist Bureau that and
51:06[clears throat] the Higher Regency Hotel
51:08Miami that make these presentations
51:11possible. Uh and above all, I want to
51:14thank all of the teachers who are here.
51:17teachers, stand up, please, because
51:19without you guys, it wouldn't happen.
51:23And Miami Dade County Public Schools has
51:26been our partner for 29 years. And I see
51:28somebody from Miami Dade.
51:32We're going to start calling the winners
51:34up. They're going to get a a medal with
51:36a ribbon, an award certificate, and then
51:39the mayor is going to give them an
51:41official uh proclamation letter. So,
51:45I'll I'll begin calling them up.
51:49>> Yeah.
52:03First place
52:05next.
52:19Is there third place?
52:32Okay, we're ready. Uh, first I'm going
52:35to call up Nicholas Castillo. Sometimes
52:38the students aren't here because they go
52:40to college, you know, out of town, but
52:42Nicholas Castillo
52:46[applause]
52:59And then that's his medal. We'll do
53:06>> she forgot to take this.
53:10>> Okay. Next, we're calling up Dylan Ree.
53:14Honorable mention film competition.
53:18Are you Dylan?
53:19Oh, let me get in the photo
53:27>> and here, take your certificate
53:33and then I'm going to meet all of you
53:35guys in the lobby afterwards. Okay.
53:38Uh, next is Isabella Grow.
53:43[applause]
53:47Isabella
53:57This is yours.
54:00>> And then if you put the the medal on.
54:03Okay. Next we have Emily Melendez. I
54:06know Emily is here.
54:08[applause]
54:16Congratulations
54:25and put your medal on.
54:29Now we have
54:31Rosemary Gabota.
54:40Hold on, Rosemary.
54:43Congratulations.
55:00And we have
55:12Okay, we have honorable mention film
55:22>> Gabriella Duk.
55:25She's first place.
55:29Here you go.
55:32>> Hold on.
55:33And if you put your medal on and then
55:35we'll take a photo with the mayor.
55:38>> We're really organized. So, sorry about
55:40this.
55:49>> Who do we
55:58Yeah. So, one of those.
56:06>> So, that should be it.
56:14[applause]
56:15>> All right. So, let's see everybody. We
56:18need a picture here.
56:23university.
56:23>> Oh, she's at university. Okay.
56:33>> And then can you get everybody in a
56:35picture? Fantastic.
56:46All right.
56:59And a big round of applause for
57:01everyone. Thank you. Bravo.
57:10Oh, and if anyone wants to see all this
57:13artwork, you can go to the Hyatt Regency
57:16tonight at 5:30 and you can see all of
57:19the work live and in person.
57:21Congratulations. Thanks for coming
57:23everybody.
58:05All right, folks. Um, we're gonna take
58:08we'll be back in less than five minutes.
58:09We're going to go out and take pictures
58:11with the firet truck and then we'll be
58:12back. If anybody wants to join us, come
58:14with us.
1:04:18Well, now that we've had um a nice time
1:04:21celebrating so many people doing good
1:04:22works, we also have the opportunity to
1:04:25be blessed by Father Steven O'Hali from
1:04:28Cathedral of St. Mary. Thank you so much
1:04:30for opening our meeting. Please um rise
1:04:33if you are able and bow your head.
1:04:49Let us pray.
1:04:54God of justice, love, and peace.
1:04:58We come before you today in gratitude
1:05:01for this opportunity to serve the people
1:05:05of our city of Miami.
1:05:08We acknowledge your presence among us
1:05:10and ask you to bless our meeting.
1:05:14Open our hearts and minds to receive
1:05:17your divine inspiration and guidance.
1:05:21Help us to act with character as well as
1:05:24conviction,
1:05:26to listen with understanding and
1:05:28goodwill,
1:05:30and to speak with charity and humility.
1:05:37Give us the wisdom that will enable us
1:05:39to deliberate and decide
1:05:42wisely and well
1:05:46for the good of those we are here to
1:05:48serve.
1:05:50May your Holy Spirit guide our thoughts,
1:05:52words, and actions so that everything we
1:05:55may do with everything we do may be for
1:05:58the good of those we serve here in our
1:06:01city of Miami.
1:06:03And so bring glory to your name. Amen.
1:06:08Thank you.
1:06:11>> Thank you very much. Commissioner
1:06:13Gabella, would you lead us in the
1:06:14pledge? I
1:06:16>> aliance to the flag of America to the
1:06:20republic for it stands nationy
1:06:25and justice for all.
1:06:30>> All right. Good morning everyone.
1:06:32Welcome to the October 22nd commission
1:06:35meeting uh in our historic chambers. Um,
1:06:40show that all to the clerk, all
1:06:42commissioners are present. Uh, city
1:06:44attorney, city manager as well. Um, Mr.
1:06:47City attorney, would you like to read
1:06:49your opening remarks?
1:06:51>> Yes, madam chair. Thank you. George
1:06:53Weissong, city attorney, city of Miami.
1:06:54Detailed information about the
1:06:56processes, order of business, rules or
1:06:57procedure and scheduling or rescheduling
1:06:59of city commission meetings can be found
1:07:00in chapter 2, article 2 of the city
1:07:03code, a copy which is available online
1:07:04at www.mmunicode.com.
1:07:08Any person who is a lobbyist pursuant to
1:07:10chapter 2, article six of the city code
1:07:12must register with the city clerk and
1:07:13comply with related city requirements
1:07:15for lobbyists before appearing before
1:07:16the city commission. A person may not
1:07:18lobby a city official, board member, or
1:07:20staff member until registering. A copy
1:07:22of the code section about lobbyists is
1:07:24available in the city clerk's office or
1:07:25online at www.mmunico.com.
1:07:28Any person making a presentation, formal
1:07:30request, or petition to the city
1:07:32commission concerning real property must
1:07:34make the disclosures required by the
1:07:35city code in writing. A copy of the city
1:07:37code sections available at the office of
1:07:39the city clerk or online at
1:07:40www.mmunicode.com.
1:07:43The city of Miami requires that anyone
1:07:45requesting action by the city commission
1:07:46must disclose before the hearing any
1:07:48consideration provided or committed to
1:07:50anyone for support agreement to support
1:07:53or withhold objection to the requested
1:07:55action pursuant to city code section
1:07:562-8. Any documents offered to the city
1:07:59commission that have not been provided 7
1:08:01days before this meeting as part of the
1:08:03agenda materials will be entered into
1:08:04the record at the city commission's
1:08:06discretion in accordance with section
1:08:082-33F and G of the city code. The agenda
1:08:11and the material for each item on the
1:08:12agenda is available during business
1:08:13hours at the city clerk's office and
1:08:15online 24 hours a day at www.mmiam
1:08:18gov.com. The meeting of the Miami city
1:08:20commission is a limited public form. Any
1:08:21person may be heard by the city
1:08:23commission through the chair for not
1:08:24more than 2 minutes on any proposition
1:08:25before the city commission unless
1:08:27modified by the chair. Public comment
1:08:29will begin at approximately 9:50 a.m.
1:08:32and remain open until public comments is
1:08:34closed by the chairperson. Any person
1:08:35making offensive remarks or becomes
1:08:37unruly in the commission chambers will
1:08:39be barred from further attending city
1:08:41commission meetings and may be subject
1:08:42to arrest. No clapping, applauding,
1:08:44heckling, or verbal outbursts in support
1:08:46or opposition to a speaker or his or her
1:08:48remarks shall be permitted. No signs or
1:08:50placards shall be allowed in the
1:08:52commission chambers. Persons exiting the
1:08:54city commission chambers shall do so
1:08:55quietly. Members of the public wishing
1:08:57to address the body may do so by
1:08:58submitting written comments via the
1:09:00online comment form. Please visit
1:09:02www.mygv.com/meing
1:09:05instructions. For detailed instructions
1:09:06on how to provide public comment using
1:09:08the online public comment form. The
1:09:10comments submitted through the comment
1:09:12form have been and will be distributed
1:09:13to the elected officials. their staff
1:09:16and city administration throughout the
1:09:17day so that the elected officials may
1:09:18consider the comments prior to taking
1:09:20any action. Additionally, the online
1:09:22comment form will remain open during the
1:09:23meeting to accept comments and
1:09:25distribute to the elected officials,
1:09:26their staff, and the city administration
1:09:27up until the chairperson closes public
1:09:29comment. Public comment may also be
1:09:31provided here live at city hall located
1:09:32at 3500 Pan-American Drive, Miami,
1:09:34Florida, subject to any and all city
1:09:36rules as they may may be amended. If the
1:09:39proposition is being continued or
1:09:40rescheduled, the opportunity to be heard
1:09:41may be at such later date before the
1:09:43city commission takes action on such
1:09:44proposition. When addressing the city
1:09:46commission, the member of the public
1:09:47must first state their name, their
1:09:49address, and what item is to be spoken
1:09:51about. Any person with a disability
1:09:53requiring assistance, auxiliary aids,
1:09:55and services for this meeting may notify
1:09:57the city clerk. The city has provided
1:09:59different public comment methods to
1:10:00indicate, among other things, the public
1:10:01support, opposition, or neutrality on
1:10:03the items and topics to be discussed
1:10:05here at the city commission meeting in
1:10:06compliance with section 286.0. 0114 4C
1:10:09Florida statutes. The the public has
1:10:12been given the opportunity to provide
1:10:13public comment during the meeting within
1:10:14reasonable proximity and time before the
1:10:16meeting. Please note commissioners have
1:10:17generally been briefed by city staff and
1:10:19city attorney's office on items on the
1:10:20agenda today. Anyone wishing a verbatim
1:10:23record of an item considered at this
1:10:25meeting may request it at the office of
1:10:26communications or view it online at
1:10:28www.mygv.com.
1:10:31For the planning and zoning items, PZY
1:10:32items shall proceed according to section
1:10:347.1.4 the Miami 21 zoning ordinance.
1:10:37parties for PZ items including any
1:10:39applicant appellant appe staff and any
1:10:41person recognized by the decision-making
1:10:43body as a qualified intervenor as well
1:10:45as the applicant's representatives and
1:10:47any experts testifying on behalf of the
1:10:49applicant appellant or appe may be
1:10:50physically present here at city hall to
1:10:52be sworn in by oor affirmation by the
1:10:54city clerk the members of the city
1:10:55commission shall disclose any exparte
1:10:57communications to remove the presumption
1:10:59of prejudice pursuant to Florida statute
1:11:00section 286.0115
1:11:03and section 7.1.4.5 4.5 of the Miami 21
1:11:06zoning ordinance. The order of
1:11:08presentation shall be set forth in Miami
1:11:1021 in the city code. Staff will briefly
1:11:12present each item to be heard. The
1:11:13applicant will present his application
1:11:15or request to the city commission. If
1:11:17the applicant agrees with staff
1:11:18recommendation, the city commission may
1:11:20proceed to its deliberation and
1:11:21decision. The applicant may also wave
1:11:23the right to an evidentary hearing on
1:11:24the record. For appeals, the appellant
1:11:26will present its appeal to the city
1:11:28commission followed by the apple. Staff
1:11:30will be allowed to make any
1:11:31recommendation they may have. Please
1:11:33silence all cell phones and other
1:11:34noisemaking devices. This meeting can be
1:11:36viewed live on Miami TV city's Facebook
1:11:38page, city's Twitter page, city's
1:11:40YouTube channel, and Comcast channel 77.
1:11:43The broadcast will also have closed
1:11:45captioning. Thank you, Madam Chair.
1:11:46>> Right. Thank you, Mr. Attorney. Mr.
1:11:48Clerk, now over to you, please.
1:11:51>> Thank you, chair. The procedures for
1:11:53individuals who providing testimony to
1:11:55be sworn in for planning and zoning
1:11:56items and any quasi judicial items on
1:11:58today's city commission agenda will be
1:11:59as follows. the members of city staff or
1:12:01any other individuals required to be
1:12:03sworn in who are currently present at
1:12:04city hall be sworn in by me, the city
1:12:05clerk, immediately after I finish
1:12:07explaining these procedures. Those
1:12:08individuals who are who are appearing
1:12:10remotely may be sworn in now or at any
1:12:12time prior to the individual providing
1:12:14testimony for planning zoning items and
1:12:16or quasi judicial items. Commissioners,
1:12:18are you comfortable with all notice
1:12:19provisions set forth in these uniform
1:12:20rules and procedures we have established
1:12:22for this meeting? Chair, may I
1:12:23administer the oath for the planning
1:12:25zoning items?
1:12:25>> Yes, please.
1:12:26>> Thank you, chair. Good morning, ladies
1:12:27and gentlemen. If you will be speaking
1:12:29on any of today's planning and zoning
1:12:31items, those are the PZ items. May
1:12:33please have you stand and raise your
1:12:34right hand.
1:12:41Do you solemnly swear affirm that the
1:12:43testimony you're about to give at
1:12:44today's hearing is the truth, the whole
1:12:45truth, and nothing but the truth? And
1:12:46your response is,
1:12:48>> thank you, chair.
1:12:50>> Thank you very much. All right, Mr. City
1:12:52Manager, do you have any changes? I
1:12:54think there are a few, so go slow for
1:12:56us, please.
1:12:58Good morning, Madame Mayor,
1:12:59commissioners, city attorney, city
1:13:01clerk. At this time, the administration
1:13:04would like to defer and/or withdraw the
1:13:06following items. And as you said, it's
1:13:08quite the extensive list, so bear with
1:13:10me. I'll go nice and slow.
1:13:13CA2
1:13:15to be deferred to the November 19th
1:13:18meeting. CA2 to be deferred to the
1:13:20November 19th meeting.
1:13:23R9
1:13:25to be withdrawn.
1:13:29R E10 to be deferred to the November
1:13:3319th meeting. RE10 to be deferred to the
1:13:36November 19th meeting. FR2 to be
1:13:40indefinitely deferred.
1:13:42FR2 to be indefinitely deferred.
1:13:46DI1 to be deferred to November 19th
1:13:49meeting. DI1 to be deferred to the
1:13:52November 19th meeting. and DI2 to be
1:13:57withdrawn. DI2 is being withdrawn.
1:14:01PZ8 to be deferred to November 19th.
1:14:05That's PZ8. PZ9
1:14:08to be deferred to November 19th.
1:14:12PZ10
1:14:13to be indefinitely deferred.
1:14:17PZ11 to be indefinitely deferred.
1:14:22PZ12 to be deferred to the November 19th
1:14:25meeting.
1:14:27PZ13 to be deferred to the November 19th
1:14:30meeting.
1:14:32PZ15
1:14:34to be indefinitely deferred.
1:14:37And last but not least, PZ19 to be
1:14:40indefinitely deferred. That completes
1:14:42all the items.
1:14:44>> All right. Um, Mr. Cler, commissioners,
1:14:47any other changes from your points of
1:14:49view? Okay. And Miss we have some pocket
1:14:52items I think right. Oh madam
1:14:54commissioner rado.
1:14:54>> Yes I was going to defer RE6 to the next
1:14:57meeting.
1:14:58>> Okay.
1:15:03>> And also uh SR1.
1:15:08>> Okay.
1:15:09>> Um
1:15:10>> for deferral.
1:15:11>> Okay.
1:15:13>> My apologies. Commissioner Gabella
1:15:15>> to to the next Yeah. Sorry. To the next
1:15:16meeting.
1:15:17>> Thank you sir.
1:15:18And um correct me if I'm wrong, Mr.
1:15:21Clerk, but PZ5 is very much connected to
1:15:23that. Do they need to go together?
1:15:26>> Should that be deferred as well or could
1:15:28we do PZ5 today?
1:15:30>> I'll defer to Mr. City Attorney.
1:15:32>> I I think what
1:15:33>> Oh, yeah. You're right. Yes,
1:15:34>> we should go ahead and defer it as well.
1:15:35>> Yeah, PZ5 also deferred to the next
1:15:37meeting.
1:15:38>> Okay.
1:15:40And madame mayor, on PZ8, um,
1:15:44when this comes back, we would seek
1:15:46direction from the city commission to
1:15:48have it amended. The title of the item
1:15:51refers to closing of a public alley. In
1:15:53in fact, it's a public street, so we
1:15:56should defer it, but um, included in
1:15:58that motion should be a direction to us
1:16:00to correct the title so that when it
1:16:02comes back um, it would be correct.
1:16:05>> Okay.
1:16:06>> Yes. Yes, please do that.
1:16:08>> All right. Any any other changes, Todd?
1:16:10We have pocket items that need to be
1:16:12read in. I think two if I'm not
1:16:13mistaken.
1:16:14>> Thank you very much, Chair. Um, a couple
1:16:17of matters. Uh, yes. Number one, um,
1:16:19Commissioner King has a pocket, uh,
1:16:21resolution that the city attorney will
1:16:23read the title into the record
1:16:24momentarily. Um, there are some
1:16:27co-sponsor requests. Mayor Higgins will
1:16:29be co-sponsoring RE8, RE10, and SR2. And
1:16:33I need to read a brief statement about
1:16:35the indefinitely deferred PZ items.
1:16:37Pursuant to section 62-22 of the city
1:16:39code, indefinitely deferred action
1:16:40initiated by the city will cost city
1:16:42mail, noticing, advertising, and posting
1:16:44of properties as applicable. Thank you,
1:16:45chair.
1:16:49>> Okay. So, I think, correct me if I'm
1:16:52wrong everyone. Oh, I see.
1:16:53>> He means to read the D5 pocket item uh
1:16:56title.
1:16:57>> Yes, please. Thank you. Sorry about
1:16:58that.
1:16:58>> All right. That's okay. A resolution of
1:17:00the Miami City Commission confirming and
1:17:01approving the appointment of Nancy Neves
1:17:03as acting executive director of the
1:17:05Virginia Key Beach Park Trust, approving
1:17:08her compensation as ex acting executive
1:17:10director at her current salary as
1:17:12finance coordinator, providing that any
1:17:14increase in compensation shall be
1:17:16subject to approval by the Virginia Key
1:17:18Beach Park Trust following a performance
1:17:20evaluation conducted in accordance with
1:17:21procedures of the trust may here
1:17:23establish and further subject to city
1:17:25commission approval providing for the
1:17:26termination of the acting appointment
1:17:28upon on the appointment of a permanent
1:17:30executive director or her earlier
1:17:32removal by the trust and providing for
1:17:33an effective date. Thank you, Madam
1:17:35Mayor.
1:17:35>> All right. Any other changes? Um I have
1:17:38a motion to set the agenda, including
1:17:40the amendment uh that our city attorney
1:17:42read to one item that'll come back
1:17:44>> and I apologize, chair. I didn't catch
1:17:46the mover and seconder. I'm sorry.
1:17:49>> Second.
1:17:50>> Okay. Second. All in favor say I.
1:17:52>> I.
1:17:52>> All right. Show the agenda set. Now we
1:17:56will open for the public to be heard. Uh
1:17:59please go ahead and make two lines. Uh
1:18:01when you come up, please give your name
1:18:03and address for the record and everyone
1:18:04has two minutes to speak.
1:18:17>> Come on up. Anyone?
1:18:19All right. Good morning. How are you?
1:18:26Good morning, mayor and commissioners.
1:18:27My name is Matthew Ganoff. My address is
1:18:29125 Jefferson Avenue, Miami Beach, and
1:18:32I'm the chair of Miami Dade's T Miami
1:18:34Day TPO's bicycle pedestrian advisory
1:18:37committee. Today, I'm speaking on SR3,
1:18:39the micromobility ordinance.
1:18:42Thank you to the commissioners and staff
1:18:43that I met with and to Commissioner Es
1:18:46Escalona for agreeing to attend our
1:18:49November 10th meeting. We learned about
1:18:51this ordinance after its first reading
1:18:53and we're concerned that people who
1:18:55depend on these devices
1:18:57are unaware and appear to have had
1:18:59limited opportunities to help shape this
1:19:02legislation
1:19:03for workers and families who cannot
1:19:05afford a car. Micromobility is basic
1:19:08transportation. Outreach through unions,
1:19:11community organizations, and other
1:19:13stakeholders could identify practical
1:19:15concerns before enforcement begins. A
1:19:18police stop should not be someone's
1:19:20first introduction to the new rules.
1:19:22Please consider these two narrow
1:19:24changes.
1:19:25First, please clarify that the rule
1:19:27limiting riding to streets posted at 30
1:19:29mph or less applies only to city
1:19:33controlled roads, not county or state.
1:19:36Riders cannot be expected to know each
1:19:38street's jurisdiction. A a map would be
1:19:42helpful.
1:19:43Second, please consider an exception
1:19:45allowing children under 16 to ride when
1:19:48accomp accompanied and supervised by a
1:19:51parent or illegal guardian. The BPAC
1:19:54took no formal action on this ordinance,
1:19:57but we recently adopted resolutions
1:20:00targeting high-powered illegal emotives
1:20:03that are marketed as legal ebikes and
1:20:06also on a countywide microobility safety
1:20:08round table. As the police chief noted
1:20:11at first reading, an effective date of
1:20:13at least 90 days after adoption would
1:20:15give riders and families time to learn
1:20:17the new rules before enforcement begins.
1:20:20If the sponsor is open to more community
1:20:22input before adoption, we'd welcome
1:20:24that, too. We share the goal of safer
1:20:26streets while preserving transportation
1:20:28access. Thank you for considering these
1:20:30requests, and we look forward to working
1:20:32with you all. Thank you.
1:20:35Thank you.
1:20:36>> Good morning.
1:20:36>> Morning,
1:20:37>> mayor. Good morning, commissioners, city
1:20:40officials. My name is Maro. I live on
1:20:43627th
1:20:45Street, uh, Edgewater. I'm a vice
1:20:47president of BNA. I selected two topics
1:20:50to talk today. Number one is SR micro
1:20:54micromobility, ebikes, scooters, and
1:20:56sidewalk regulations. We strong support
1:21:01the intent of SR3 but believe the
1:21:03commission must mod codify critical
1:21:06pedestrian safeguards before final
1:21:09passage. The ordinance should explicitly
1:21:12prohibit motorized scooters and throttle
1:21:15assisted ebikes on sidewalks in dense
1:21:19urban areas with high pedestrian volumes
1:21:21when adjacent streets or bike lanes
1:21:24provide an alternative road. I was in a
1:21:29two close encounter with a bike walking
1:21:33on the Biscane Boulevard.
1:21:36Personally, number two, RE5
1:21:39district 2 donation fund through the
1:21:41Miami Foundation resolution. We support
1:21:44RE5 philanthropic and private sector
1:21:47contributions to could provide
1:21:49additional funding for District 2
1:21:50priorities
1:21:52including Edgewater parks, pedestrian
1:21:55safety, streetscape improvements, and
1:21:58other quality life initiatives. BNA
1:22:01urged the city to adopt transparent
1:22:03procedures for accepting donations,
1:22:05selecting eligible projects, and
1:22:08publicly reporting all funds received
1:22:11and spent. Thank you very much.
1:22:16>> Good morning. Alisa Margules, Rice
1:22:18Street Center Grove in support of FR6.
1:22:22You know how almost every parent thinks
1:22:24their kid is gifted? Well, most pet
1:22:26owners believe their dog is friendly.
1:22:29But when an off leash dog charges you
1:22:31and the owner yells, "Don't worry, he's
1:22:33friendly." What you're actually hearing
1:22:35is, "Are you feeling lucky today?" I
1:22:38love dogs. My mother still laments that
1:22:40my first word wasn't mama, it was dog.
1:22:43But even a dog lover feels terrified
1:22:45when chased or approached by a snapping,
1:22:47snarling dog that's running loose. A
1:22:50leash isn't a punishment, it's a safety
1:22:52net. Stronger penalties incentivize
1:22:55responsibility, but it's the manpower
1:22:57for enforcement that's actually
1:23:00preventing a walk in the park from
1:23:02becoming a trip to the urgent care. FR5
1:23:05and FR6. You don't have to be a pet
1:23:07owner to be sickened by animal abuse and
1:23:09neglect. Like trees, animals can't
1:23:13advocate for themselves. They need good
1:23:15people to protect them from the evil
1:23:17ones. Take the strongest elements of
1:23:20both proposals and give us one
1:23:22comprehensive ordinance with maximum
1:23:24fines, stronger protections, and clear
1:23:27enforcable language. And finally, RE10
1:23:30vision zero. I'm glad this item was
1:23:32deferred. I hope you'll use the
1:23:34opportunity to make it more specific
1:23:36with clear goals, measurable objectives,
1:23:39and regular, not just periodic updates.
1:23:41And please include a mandate for city
1:23:43and county cooperation. Too often we
1:23:46hear it's a county issue. If it affects
1:23:49the people who live here, it's a we
1:23:51problem, not a they problem. The city
1:23:54should be proactive in finding
1:23:55solutions. It's a very important goal.
1:23:58So, I hope you'll take that into
1:24:00consideration. Thank you.
1:24:07Hello, my name is Karen Vakouti and I
1:24:10represent the JW Warner House, a very
1:24:13very wonderful gem of Miami Historic uh
1:24:18House and it is also the center for the
1:24:22cultural center for the Miami Hispanic
1:24:25Cultural Arts.
1:24:27Um we this zoning is really important
1:24:31for us because we really need to um keep
1:24:36the house up. We have a lot of work to
1:24:39do and part of that would be we could
1:24:42sell the air rights to a developer so
1:24:45that we can then have all that wonderful
1:24:49funding to restore this beautiful
1:24:52beautiful building. And um Erin will
1:24:56I would just like to add on that we do
1:24:58so many amazing programs for the
1:25:00community. We're such an important
1:25:01building for the whole neighborhood.
1:25:03People can come see a play in their
1:25:05neighborhood. We put on the
1:25:06International Ballet Festival of Miami.
1:25:09And um we would love to in the future
1:25:11expand our programming to build a second
1:25:14building in the nearby vicinity so that
1:25:15we can provide additional programs to
1:25:18our community, especially our many
1:25:20programs for free. And it is our hope
1:25:22that the air rights would help uh
1:25:24restore the current JW Warner House and
1:25:26unlock the funding for our future
1:25:28projects as well.
1:25:30>> Thank you. Ladies and
1:25:31>> chair, my apologies. Yeah,
1:25:32>> I have your name for the for the record.
1:25:34>> Yeah, we just need name and address for
1:25:35the record. Thank you.
1:25:36>> Um Erin Rcowski. I apologize.
1:25:39>> Thank you very much.
1:25:40>> Thank you.
1:25:41>> Hello. Good morning. My name is Lindseay
1:25:44Kaine. I'm at 66 West Flaggler Street.
1:25:46I'm speaking on BC2 related to the tree
1:25:48committee as I've been heavily involved
1:25:50in filing tree appeals. So much so I
1:25:52believe I caught the attention of
1:25:54certain commissioners. The last time I
1:25:56was here was July 23rd, 2026. I made a
1:25:59public comment and after I left, a false
1:26:01statement was made directly about me
1:26:03with my name displayed by Pre uh
1:26:05Commissioner Partardo who stated that
1:26:07there was no appeal filed for the tree
1:26:09removals at Margaret Pace Park. I have
1:26:12all of the paperwork that proves at the
1:26:14time of his statement an appeal had been
1:26:16filed and paid for with a GoFundMe with
1:26:18the public asked me to create. If anyone
1:26:21wants a copy of this documentation, let
1:26:23me know. As far as I know, this was not
1:26:25an official item on the agenda. I was
1:26:27not given notice. I was also not here to
1:26:29defend myself and the facts were not
1:26:31checked. I've experienced a lot of crazy
1:26:33things in my life, but this was amongst
1:26:35the craziest. While this was a dangerous
1:26:37allegation and an attempt to discredit
1:26:39me, I've continued my work and
1:26:41engagement with the public who update me
1:26:43regularly and still watch in horror and
1:26:44alert me about these tree removals all
1:26:47over the city. The city is currently
1:26:48doing everything in its power to
1:26:50invalidate the appeals and I will
1:26:51forever feel remorse for the ones that
1:26:53we didn't win. I felt it necessary to
1:26:55clear my name in a public forum even
1:26:57though all the evidence is already
1:26:58online as this is where the false
1:26:59allegation was made. When everyone
1:27:01votes, remember, regardless of party, we
1:27:03have officials who attempt to intimidate
1:27:05and also don't care to end the agreement
1:27:07with ICE or stop cutting down the trees.
1:27:09Regardless of what their greenwashing on
1:27:11social media attempts to put forward,
1:27:13and the tree committees formed as
1:27:15someone fighting for the trees, I've
1:27:17been flipped off by a South of Miami
1:27:19commissioner, Lisa Bonnage, followed out
1:27:21of meetings by officials, questioned
1:27:23about my work, and defamed. But I and I
1:27:26just started doing this work. The
1:27:28currently the tree code isn't protecting
1:27:30the trees much on 36 and Biscane. Three
1:27:33mahogany trees are supposed to be
1:27:34protected are going to be moved which
1:27:36puts them at risk because of an
1:27:37arbitrary city code about building to
1:27:39the edge of the property line. I implore
1:27:41everyone who wants to see change make
1:27:43your voice heard whatever way that means
1:27:46through art protest or prayer. The city
1:27:48officials so far have not listened to
1:27:50us.
1:27:50>> Thank you. Appreciate you. Good morning.
1:27:53How you doing?
1:27:54>> Good morning. How are you? My name is
1:27:56Vanessa Kandi. I'm an Edgewater
1:27:58resident. I'm here speaking as a BNA
1:28:00board member and I happen to be an
1:28:02advisory board member of Miami date
1:28:04animal services. So I have a deep
1:28:05interest in FR4. In my first meeting
1:28:08with Chief Lopez, I described what we
1:28:10see in Edgewater, pets left on
1:28:12balconies, abuse, abandonment. We agreed
1:28:14to strengthen the partnership between
1:28:15the Miami PD and Miami date animal
1:28:17services with training, possible
1:28:19volunteer programs in the academy and
1:28:21empathy building for officers. Less than
1:28:23a week later, the Dior balcony case
1:28:25happened. The chief has since scheduled
1:28:27a visit to animal services along with D2
1:28:30uh to understand their process. I've
1:28:31also reached out to Commissioner
1:28:32Partardo's office about new legislation
1:28:35uh and those discussions begin very
1:28:37soon. Our ordinances on animal
1:28:39protection were written some time ago
1:28:41and occasionally amended. We do need to
1:28:43consistently evolve them because global
1:28:45warming, for example, has us at 100 plus
1:28:48degree days. Is a large dog in a small
1:28:50backyard kennel with a bowl of lukewarm
1:28:52water acceptable or is that cruelty? I
1:28:55welcome these amendments, but three
1:28:57commissioners are amending the same
1:28:58ordinance with different language and
1:29:00MDAS, the experts, haven't been asked to
1:29:02the table until now with district 2. A
1:29:05higher fine is great, but if an officer
1:29:07issues a fine and walks away, leaving
1:29:09the animal with this abuser, what would
1:29:10have we accomplished? We need
1:29:12confiscation, medical care, rehab,
1:29:14foster, and adoption. And the county
1:29:16operates under a different ordinance.
1:29:17So, who does what, to what degree, and
1:29:19with whom? It took a drown dog and a
1:29:22viral balcony rescue to put this on the
1:29:23radar. But right now, as I speak,
1:29:25animals are being abandoned, abused, and
1:29:27killed. And not only by typical animal
1:29:29abusers, but by mobile groomers,
1:29:30trainers, boarding facilities, and yes,
1:29:32even children. Statewide, we have
1:29:34Dexter's Law, compounding charges,
1:29:36fines, and jail time. The new House Bill
1:29:38offers child abuse provisions on top of
1:29:40animal abuse. There's a new statewide
1:29:42animal abuse registry, and Troopers Law
1:29:44makes it a felony to leave your pet
1:29:45behind in an evacuation. So, let's use
1:29:47them and educate people about them. The
1:29:50point is the the topic is bigger. So, I
1:29:52urge you to co-sponsor and work with MDS
1:29:55and the police. Miami is a great city,
1:29:57but in this area, we're still behind.
1:29:59So, let's get it right. Thank you.
1:30:01>> Thank you.
1:30:07And if one of you wants to come over to
1:30:09this podium or you ready, Elvis? Okay,
1:30:13go ahead. Good morning. My name is
1:30:15Yolanda Burkowitz and I live at 160
1:30:17Edgewater Drive. Um, I'm an animal
1:30:19welfare advocate. I run the Friends of
1:30:22Miami Animals Foundation and I'm also a
1:30:24member of the advisory board. I'm
1:30:25speaking on items FR4, five, and six. I
1:30:29support stronger animal welfare
1:30:31protections and meaningful penalties for
1:30:32cruelty and neglect. The concern is not
1:30:34with the intent but with their
1:30:36implementation before adopting
1:30:38additional laws and substantial fines.
1:30:40We need to understand who will
1:30:42investigate violations, who has the
1:30:44authority to issue citations, how
1:30:46animals requiring intervention will be
1:30:48handled, and what specific enforcement
1:30:51capacity will exist the day these
1:30:53ordinances take effect that do not
1:30:55already exist today. Those of us working
1:30:57in animal welfare welcome increased
1:30:59legislation and enforcement of animal
1:31:01crimes and appreciate this board's
1:31:03leadership. I know that all of us on the
1:31:05advisory board and all of us working in
1:31:07this arena are happy to help in any way
1:31:09that we can. Thank you.
1:31:15>> F folks, do me a favor and line up at
1:31:17both podiums because it keeps it moving
1:31:18quicker. Go ahead, ma'am.
1:31:20>> Hi, good morning. Um, my name is Renee
1:31:22Relli Blemer, 6381 North Bay Road, Miami
1:31:26Beach. Uh, I'm also the president of the
1:31:28Animal Welfare Society of South Florida.
1:31:31Uh, and I'm uh here speaking also uh for
1:31:34FR45 and 6. I am also a member of the
1:31:37Miami date animal service advisory
1:31:39board. Um I wanted to explain a little
1:31:43animal welfare society is a nonprofit
1:31:45veterary hospital here in Miami. For
1:31:47more than 54 years we have provided
1:31:49affordable and often free veterary care
1:31:52to pets throughout South Florida. Over
1:31:54the years I have seen things no animal
1:31:57should ever have to endure. We have
1:31:59treated dogs and cats who were victims
1:32:01of horrific cruelty and neglect,
1:32:03including injuries associated with dog
1:32:06fighting, as well as animals who were
1:32:08injured, abandoned, and left helpless. I
1:32:11can tell you firsthand that animal
1:32:12cruelty is real, heartbreaking, and
1:32:15demands further action. Thank you,
1:32:17Commissioner Rossado, for strengthening
1:32:19this ordinance and working to strengthen
1:32:21animal welfare protections in our
1:32:23community. I do realize that we do need
1:32:25to reach out to animal services to
1:32:28coordinate the efforts on doing on
1:32:30having changes made. Increasing the
1:32:33penalties for animal cruelty sends an
1:32:35important message. Abuse and ne and
1:32:37neglect, excuse me, must have
1:32:39consequences. I also support checking
1:32:42animal abuse registries before animals
1:32:44are transferred. However, we must
1:32:46address the bigger picture. I cannot
1:32:48support the sale of pets when our
1:32:50shelters and rescues are already beyond
1:32:52capacity. We must crack down on
1:32:54irresponsible backyard breeders who put
1:32:57profit before animal welfare and
1:32:59contribute to abuse, neglect, and
1:33:01overpopulation.
1:33:03We should be promoting adoption,
1:33:05spaying, and neutering, and helping the
1:33:07animals who are already here and
1:33:08desperately need homes. My hope is that
1:33:11Miami will set an example for other
1:33:13municipalities and Miami date county, so
1:33:16an animal's safety does not depend on
1:33:18where it lives. I respectfully urge you
1:33:21to support this ordinance. Animals
1:33:23deserve more than our sympathy after
1:33:25they've been harmed.
1:33:26>> Thank you, ma'am.
1:33:27>> They deserve our protection before it
1:33:29happens.
1:33:29>> Thank you, ma'am.
1:33:30>> Thank you.
1:33:30>> Appreciate it,
1:33:31>> Mr. Cruz. Elvis Cruz, 631 Northeast 57
1:33:35Street here on item PZ14. It would
1:33:38enable a huge upzoning in Little Havana,
1:33:40Riverside, and Shannondoa. This is the
1:33:44maximum density potential study done by
1:33:46the city of Miami's planning department.
1:33:49And that study revealed that we already
1:33:52had 18 eight times more housing units
1:33:55allowed to be built than we had in 2010
1:33:58and therefore potentially eight times
1:34:01the population.
1:34:03That staggering number is before any
1:34:06additional upzonings like special area
1:34:07plans, RTZ, TSND, and many more like the
1:34:11one today. Miami is already hugely
1:34:15overzoned. It's an inconvenience truth
1:34:19that the city does not want to admit.
1:34:21Miami should not be upzzoning. It should
1:34:24be downzoning.
1:34:26If you think traffic is bad now, just
1:34:28wait until we have twice the population
1:34:30or three times or four times or double
1:34:34that to eight times, which is how many
1:34:36housing units were already zoned for?
1:34:40Eight times the population. How much is
1:34:41enough? How much is too much? But that's
1:34:45just traffic. What about portable water
1:34:47supply, sewage treatment capacity,
1:34:49garbage disposal capacity, or hurricane
1:34:51evacuation time? Also, this proposal is
1:34:54a huge violation of Miami 21
1:34:56successional transition principle.
1:34:59Here's what it is before. T4, T5, T6.
1:35:04This is a proper successional
1:35:05transition. After you would have T4 to
1:35:09T6, improper. And on the south side of A
1:35:12Street, before you have T4 to T3, that's
1:35:15proper. Afterwards, you'd have T5 abuing
1:35:19T3. That's an improper successional
1:35:21transition. Again, we're already zoned
1:35:24to allow eight times the population. Is
1:35:26the unspoken goal to cram as many
1:35:29housing units into Miami as possible.
1:35:31Shouldn't Miami be more concerned with
1:35:33preserving our long-term quality of life
1:35:35than in enabling developer profits?
1:35:38Please vote no. Thank you.
1:35:42Good morning. How y'all doing? I'm here
1:35:45on FR4, I believe it is. Um, so I'm not
1:35:48a City of Miami resident. I'm the
1:35:50organizer of the Big Wolf Festival which
1:35:52takes place at Reata Park um coming up
1:35:54early next year. It's a festival
1:35:56dedicated to promoting responsible dog
1:35:59ownership and adoptions. Um there's a
1:36:02direct correlation between cruelty to
1:36:04animals and cruelties to human beings.
1:36:07And so I really applaud Commissioner um
1:36:11Partardo's efforts in this and we hope
1:36:12to get this moving forward. Thank you.
1:36:15>> We we just need your name and address
1:36:16for the record.
1:36:17>> Sorry, Carlos Wanco.
1:36:18>> Yeah. and address, please.
1:36:19>> Thank you.
1:36:20>> Thanks.
1:36:20>> Address.
1:36:21>> Yeah.
1:36:22>> 10191 Southwest 102nd Street.
1:36:25>> Appreciate it. Thank you very much. Good
1:36:26morning.
1:36:27>> Good morning. My name is Frank Halpern.
1:36:30I'm at 236 Southwest 4th Avenue. I'm
1:36:33also an attorney here in Miami, Florida.
1:36:35I'm here to speak in favor of the
1:36:37upzoning in Little Havana for a number
1:36:40of reasons. One I one of the most
1:36:42important reasons I believe is that
1:36:44right now the zoning that was spoken
1:36:45about before is concentrated only east
1:36:49of I95 for a very particular group of
1:36:52people who can afford that lifestyle.
1:36:54The upzoning that would be occurring in
1:36:56Little Havana would be for everyone.
1:36:57It's not a giant upzoning where all of a
1:37:01sudden 80story buildings are going to be
1:37:03cropping up in Little Havana. I own a
1:37:05property directly on Joseé Marty Park. I
1:37:08want everyone here to know that when we
1:37:09talk about transitional zoning, I'm
1:37:11going to have 80 and 70s story buildings
1:37:14literally across the street from me with
1:37:16the river development. And across the
1:37:18river, they're going to be putting in a
1:37:20hotel and a nightclub that's going to be
1:37:22going on to 3:00 or 4 in the morning.
1:37:24Currently on my side of the river, where
1:37:27I own a property, you can only build
1:37:29four units. You can only build 36 units
1:37:32per acre and only three floors. I'm
1:37:36directly on the Miami River. If there's
1:37:38even a single small storm surge, any
1:37:41amount of water from that river is going
1:37:43to spill over and destroy that entire
1:37:45neighborhood. The only solution to
1:37:48dealing with these problems, both
1:37:49density and height, is to create an
1:37:52upzoning that allows people to build
1:37:54upwards to protect them from both the
1:37:56problems that we're having in terms of
1:37:58funding, in terms of financing, and in
1:38:01terms of space. But in addition to that,
1:38:03it's an issue of safety as well. I urge
1:38:06everyone here to consider the upzoning
1:38:09in Little Havana and to approve it.
1:38:11Thank you for your time.
1:38:14>> Good morning. Um I am Elijah John Bodre.
1:38:18I'm 300 Biscane Boulevard Way. Uh and um
1:38:22I rise to support the city's um
1:38:25expansion of Venture Miami, our tech
1:38:28venture here. And um I just want to add
1:38:32some comments uh from this um Miami Day
1:38:35Digital Commission, our community of um
1:38:38enterprise technology um uh community
1:38:41here in Miami uh that uh history does
1:38:44not repeat but it rhymes to the same
1:38:46beat. New technology comes and old
1:38:48systems become obsolete. And I commend
1:38:51the mayor for leaning uh in at this
1:38:53moment. Um we just had a great grow with
1:38:55AI, the first one uh that we had. Um,
1:38:59but I my suggestion is to expand what
1:39:02Venture Miami to include uh AI workforce
1:39:04readiness and public sector governance
1:39:06to put AI policy in the city, state and
1:39:09federal lobbying agenda while the rules
1:39:11are being written and [clears throat]
1:39:12return uh with the 90 days with AI
1:39:15readiness and contingency plan. Um
1:39:18because if you you ask the Elon Musk or
1:39:21Jeff Bezos or Mark Zuckerberg or Jamie
1:39:23Diamond, Larry Frink, some of the top
1:39:25people in our society,
1:39:28you can hear every day the warnings that
1:39:32they're having to not take this
1:39:36technology as other technologies.
1:39:40It's hard for us to see the future
1:39:43or to imagine a world that is totally
1:39:46not like not like not like not like not
1:39:46like not like not like not like not like
1:39:46not like not not like not like not like
1:39:47not not like not like not not like not
1:39:47like not like not like not the one that
1:39:47we're in right now.
1:39:50But we are here to avail ourselves to
1:39:53sincerely volunteer to press so that
1:39:56Miami is protected.
1:40:00And I'll leave us with a uh a scripture.
1:40:02But as in the days of Noah where so
1:40:04shall also the coming of the son of man
1:40:07be. For as in the days where before the
1:40:09flood they were eating and drinking,
1:40:11marrying, giving marriage, until the day
1:40:14that Noah entered into the ark, knew not
1:40:17until the flood came and took them all
1:40:19away.
1:40:21Thank you.
1:40:22>> Thank you.
1:40:26>> Good morning.
1:40:28>> All right. Um, good morning,
1:40:30commissioners and mayor. I'm Jonathan
1:40:33Folz, 488 uh Northeast 18th Street. Um,
1:40:37I lead uh the AI collective, a AI
1:40:40community. We have 1,500 members and
1:40:43I've also launched uh and founded over
1:40:4530 companies in technology, including a
1:40:48acquisition to a public company. I'm
1:40:50speaking about Venture Miami because
1:40:52attracting innovation is only half the
1:40:54job. Um, the preparing our people, our
1:40:58businesses, and the government is
1:41:00actually the other half. In September of
1:41:02last year, while leading a government AI
1:41:04workshop in Nepal, I warned them about
1:41:08civil unrest.
1:41:10Days later, there was a revolution and
1:41:13they actually set fire to Parliament.
1:41:17That experience made preparedness and
1:41:19public trust very real to me.
1:41:22Miami's circumstances may be different,
1:41:25but we need to prepare our people, the
1:41:27businesses, and government for
1:41:28disruption before it becomes a crisis.
1:41:31The scale of AI disruption demands that
1:41:34we prepare right now. I would ask the
1:41:37commission to connect us with the
1:41:38leaders of Venture Miami or the
1:41:41appropriate city leaders for a meeting
1:41:43on AI preparedness.
1:41:45We worked hard to build Miami and this
1:41:48technological revolution unfolds. We
1:41:51have a duty to protect the city and the
1:41:53people that built it. Thank you.
1:41:57>> Thank you.
1:42:00>> Good morning.
1:42:01>> Good morning. Billy Corbin, Box
1:42:02403433140.
1:42:05I'm here on RE1 and RE2.
1:42:08Of course, you should vote no and not
1:42:10raise the budget for the administration
1:42:12building by another 5 plus million.
1:42:15You're going to do it anyway. I get it.
1:42:16But you just need to know how nauseating
1:42:18it is for a city where the median
1:42:19household income is $60,000. To hear you
1:42:22guys talk about taxpayer dollars like
1:42:24it's monopoly money. 5 billion here, a
1:42:27billion dollars there. It really is
1:42:29irritating cuz you're on a collision
1:42:31course with bankruptcy. And before you
1:42:33bankrupt the city, you're going to
1:42:34bankrupt all of us, the residents and
1:42:37the business owners and the
1:42:38stakeholders. Uh, which is why it's so
1:42:40important to vote no, not only on all
1:42:43three of the city of Miami referendum
1:42:45items, but especially referendum item
1:42:47one. It is a robbery that they want you
1:42:50to be a co-conspirator to. And it
1:42:52doesn't matter what it says on the
1:42:53ballot. It's a lie. They're not changing
1:42:55the military. They're still raising your
1:42:57taxes and doubling the debt of the city
1:42:59from$1 to2 billion. Miguel Gabella voted
1:43:02to raise her taxes. Rolando Escalona
1:43:04wants to raise her taxes. Ralph Rosado
1:43:06wants to raise her taxes. And Mayor
1:43:07Eileen Higgins wants to raise her taxes.
1:43:09Mayor, I have to say it. You are a liar
1:43:12and a thief. You're a liar because last
1:43:14year you spent the entire campaign
1:43:16promising us you would do a deep dive
1:43:18into this budget, identify the tens of
1:43:20millions, if not hundreds of millions of
1:43:21dollars in waste, and you not only
1:43:23didn't do it, which makes you a liar,
1:43:25but you did the opposite, which makes
1:43:26you a thief. You took 30% more money for
1:43:28your office. You increased the budget of
1:43:30the city by tens of millions of dollars.
1:43:32And now you want a billion dollar credit
1:43:34card under this Miami referendum one.
1:43:36And half a billion dollars of that money
1:43:38doesn't go to you or any community
1:43:40benefits. It goes to bankers and lawyers
1:43:42and lobbyists and insurance companies,
1:43:44all of whom are going to kick that money
1:43:46back to these folks, to the
1:43:47commissioners and to the mayor in the
1:43:49form of donations to packs and
1:43:50campaigns. So vote no on city of Miami
1:43:53referendum one because you can't spell
1:43:55eene without li.
1:43:59Thank you.
1:44:02>> Good morning.
1:44:04>> Morning. Morning, commissioners. My name
1:44:06is Isaac Simler. I'm a district 3
1:44:08resident living on Southwest 2nd Street,
1:44:10address 43 uh 436 Southwest 2nd. Um I'm
1:44:13not against development. I'm actually
1:44:14here because I believe quality of life
1:44:16should be just as important as the
1:44:17growth happening around us. First, I'd
1:44:19like to acknowledge the commissioner and
1:44:20his efforts in District 3, but I want to
1:44:21raise a few concerns about the lack of
1:44:23transparency and the growing impact
1:44:24development is having on our
1:44:25neighborhood. Let's start with Jose
1:44:27Marti Park. This is one of the few
1:44:28accessible green spaces along Southwest
1:44:29River Drive, uh especially for residents
1:44:31with pets. Yet, we've received very
1:44:33little information about the
1:44:34construction phases, the closures, and
1:44:35we can when we can expect full access
1:44:37again. We hear the project can take up
1:44:38to two years, but where's the
1:44:40communication? You guys spend millions
1:44:41of dollars in political mailers, but I
1:44:42can't get one thing in the mail about my
1:44:44park closing. So, uh, transparency
1:44:46shouldn't be something the residents
1:44:47have to chase down. Now, regarding the
1:44:49proposed resoning for PZ14, my concern
1:44:51is that the development is outpacing the
1:44:53infrastructure and the oversight needed
1:44:54to support it. We're already dealing
1:44:56with constant construction noise, dust,
1:44:57traffic, and concerns about improperly
1:44:59permitted work. We've already seen two
1:45:01serious construction equipment collapses
1:45:02in Miami in the most recent months,
1:45:04raising important questions about
1:45:05inspection resources and public safety.
1:45:07How are we ensuring that increased
1:45:09development doesn't come at the expense
1:45:10of residents safety and peace?
1:45:13Uh, Southwest Third Street was most
1:45:15recently configured and by my
1:45:16observation, we're going to be left with
1:45:17no parking. So, commissioners, please do
1:45:19something about this. Me as a local
1:45:21resident, I was born and raised here. I
1:45:22want to stay here. I don't want to get
1:45:23priced out. Thank you.
1:45:25>> Thank you. Um, I is anyone else waiting
1:45:27to speak? Okay, come on up so I don't
1:45:30miss miss folks. Anybody that wants to
1:45:33speak, get come up to the podiums,
1:45:35please. Okay, good morning. We'll start
1:45:38over here.
1:45:38>> Good morning.
1:45:39>> Good morning,
1:45:40>> madame chair, commissioners. My name is
1:45:42Miriam Ura and I'm here representing Ala
1:45:46Community Action. [clears throat]
1:45:47>> My but thank you.
1:45:49>> I'm sorry. I'm here representing Alapata
1:45:52Community Action located at 2257
1:45:55Northwest North Private Drive in Miami
1:45:59in the Alapata area. Um
1:46:03today I'm here uh to uh
1:46:08I'm here to talk about our community and
1:46:13uh the mission of Alapata Community
1:46:16Action uh and the elderly center uh that
1:46:20is to enhance the quality of life of our
1:46:23elderly individuals by providing
1:46:25nutritious meals, body services,
1:46:28opportunities for social engagement ment
1:46:31and access to resources that promote
1:46:34independence, dignity, and healthy
1:46:37aging. Since its establishment in 1978,
1:46:41Alipa Community Action has demonstrated
1:46:45an enduring commitment to the elderly
1:46:47residents of city of Miami. As the
1:46:50organization approaches its 50th
1:46:53anniversary in 2028, it remains
1:46:57dedicated to preserving its history of a
1:47:00community service and ensuring that
1:47:03elderly residents continue to receive
1:47:05the care, respect, and assistance they
1:47:09deserve. For nearly five decades,
1:47:12Alapata Community Action, Inc. has
1:47:15remained committed to one fundamental
1:47:18principle. No elderly individual should
1:47:21be forgotten, isolated or deprived of
1:47:25the essential services necessary to live
1:47:29with dignity and independence. The
1:47:32elderly center has become more than a
1:47:35location where meals are provided.
1:47:38represents a place of companionship,
1:47:41security, dignity, and belonging for
1:47:44many elderly individuals who might
1:47:46otherwise experience loneliness, food
1:47:50insecurity, and limited access to
1:47:53community services.
1:47:55For many participants, the center serves
1:47:58as an important part of their daily
1:48:00lives, providing not only nutritional
1:48:03assistant but also opportunity to remain
1:48:06connected to their community. The
1:48:09organization extend it special
1:48:12appreciation to the commissioners
1:48:14providing not only nutrition I'm sorry
1:48:17for
1:48:18>> I'm sorry the elderly center
1:48:20>> we we have to
1:48:21>> the the organization extends this
1:48:23special appreciation to the
1:48:24commissioners especially commissioner
1:48:26Gabella for his continued support and
1:48:29commitment
1:48:31>> to our community to the elderly center
1:48:33and the senior service.
1:48:35>> It's your two minutes are up. Thank you
1:48:37very much.
1:48:38>> But thank you for coming and we know
1:48:40your good work. We see it every day.
1:48:42Appreciate it. Okay. Go ahead, Pam.
1:48:46>> Hi.
1:48:48>> Hi. Good morning. My name is Alisa
1:48:50Sapeda. I reside at 531 Northeast 76th
1:48:53Street. Um I'm here um today to speak on
1:48:56two items that are very important um to
1:49:00myself and to the Upper East Side
1:49:02community. They are PH7 and RE4. the
1:49:06freebie item and the palm grove
1:49:08guidelines. I'm here today to ask on
1:49:11both of these items that you
1:49:13commissioners, the four of you, please
1:49:16support my district 5 commissioner who
1:49:18has worked very hard to bring these
1:49:20items that will, you know, significantly
1:49:22improve the life of the residents in
1:49:24Palm Grove and the Upper East Side and
1:49:27surrounding areas like Little Haiti. And
1:49:30they will help with our mobility. for
1:49:32example, freebie will be I mean an
1:49:34amazing an amazing addition to help with
1:49:38our parking problems, our traffic
1:49:39problems and all sorts of things like
1:49:42that. I personally have asked for this
1:49:44for approximately eight years through
1:49:46three different commissioners. So this
1:49:48is a huge deal today. So if you can
1:49:51please support this, I would greatly
1:49:52appreciate it. And as far as the Palm
1:49:54Grove guidelines, this will simplify
1:49:56chapter 23 for a lot of people.
1:49:58Hopefully, my neighborhood is the first
1:50:00and these guidelines will make it easy
1:50:02for people to update their homes, repair
1:50:05them, change their roofs, and do things
1:50:07like that where it is all spelled out
1:50:09and it's easy for them to understand and
1:50:10it's not complicated and they don't get
1:50:12stuck in the city's uh building
1:50:14department vortex for nine months to
1:50:16change windows. So, I would really
1:50:18appreciate your support. Thank you so
1:50:20much.
1:50:24>> All right.
1:50:26Good morning, Brenda Bancor, 1436
1:50:30Street. Um, just in reference of FR3
1:50:34about the motor vehicles and traffic.
1:50:37Um, are we are going to real do a
1:50:43changes to actually give the police the
1:50:48opportunity to make sure it gets control
1:50:52of not just bicycles, motorcycles,
1:50:56electrical scooters who normally drive
1:50:59against traffic and the sidewalks. Even
1:51:02there is a resolution in the state
1:51:04especially in a street that not supposed
1:51:06to be any type of bicycles of any type
1:51:11of motor vehicles in the sidewalk that
1:51:14is being being ignored for decades.
1:51:18Um that's [clears throat] the questions
1:51:20about FR3
1:51:22is so many different um
1:51:26resolutions that you the elected
1:51:28officials have the responsibility when
1:51:31you see a scooter in the middle of the
1:51:34street between cars almost hitting
1:51:38seniors or a regular citizen who's
1:51:40walking in the sidewalk.
1:51:42But what exactly the changes are you are
1:51:45in really going to do? Are you really
1:51:47going to do a new resolutions who give
1:51:51the power to the police to actually make
1:51:54any changes
1:51:56or is going to be just as many
1:51:58resolutions that this body creates but
1:52:01is just for look
1:52:03reads really nice and the paper but
1:52:06actually doesn't have no way for the
1:52:09police to enforce it.
1:52:14Many of us have seen that constantly you
1:52:17have promised you guys going to work on
1:52:19it. So FR3 actually going to do
1:52:22something
1:52:23concrete or not? That's a question. And
1:52:26another question that I have is we have
1:52:28no
1:52:30report of any kind
1:52:33>> stating that you guys
1:52:34>> Thank you.
1:52:35>> Thank you that it's two minutes. Thank
1:52:36you, Miss I didn't hear the beep. It
1:52:40>> the beep went off.
1:52:43confirmed. Mr. Clerk, the keeper of our
1:52:46the keeper of our beeper. All right.
1:52:48Thank you very much for coming.
1:52:50Appreciate it. All right. Seeing no one
1:52:52else, the um public comment period is
1:52:55closed.
1:52:56>> All right, colleagues, uh let us move on
1:52:58to the consent agenda. Does anyone want
1:53:01to bifurcate any of the items?
1:53:04Seeing none, I'll take a motion.
1:53:06>> Motion moved.
1:53:07>> Second. All in favor say I.
1:53:09>> I. Chair. Chair.
1:53:10>> Yes.
1:53:10>> Um Mr.
1:53:12CA3 will be amended on the floor to
1:53:14change the name of the case and the
1:53:15title of the resolution from Angela
1:53:17Beltres versus City of Miami to Roa Doy
1:53:21versus City of Miami. So CA3 will be as
1:53:23amended.
1:53:23>> Okay. So we have a motion as amended and
1:53:25a second. All those in favor say I.
1:53:28>> I.
1:53:29>> Show those items pass.
1:53:30>> My apologies. Just for the record,
1:53:32that'll be for CA 1, three, and four.
1:53:34>> Absolutely. All right. Public hearing
1:53:36items. Does anybody wish to bifurcate
1:53:39any of the public hearing items? Seeing
1:53:42none, I'll take an motion on that.
1:53:44>> So moved. Second.
1:53:45>> Second.
1:53:46>> All those in favor say I.
1:53:47>> I.
1:53:48>> Any opposed? Those carry unanimously.
1:53:52All right. Moving on to the resolutions.
1:53:55Uh we've had a lot of them that are
1:53:57deferred, but do I does anyone want to
1:53:59bifurcate the remaining items?
1:54:02>> I'll do RE5.
1:54:03>> Okay. RE5. We'd like to bifurcate. Any
1:54:06others? Okay, Mr. Clerk, I think we need
1:54:09to amend RE8.
1:54:11>> I'd like to um pull RE8.
1:54:14>> Okay. And I know we need an amendment on
1:54:16that, I think. All right. So, I would
1:54:18entertain a motion on RE1 2 3.
1:54:23>> Oh, wait a second. RE6
1:54:25>> RE6 is deferred.
1:54:26>> It's deferred. Got it.
1:54:28>> Yeah. So re 1 2 3 4
1:54:347 11 12 and 13.
1:54:38>> Motion second.
1:54:39>> Okay. All in favor say I.
1:54:41>> I. I.
1:54:42>> Any oppose? Those carry unanimously.
1:54:44>> Madame Mayor.
1:54:45>> Yes, ma'am.
1:54:46>> Why was RE6 deferred?
1:54:48>> It was deferred at the setting of the
1:54:50agenda.
1:54:50>> I know. Um I've been looking for this
1:54:52item. I thought it was going to be in
1:54:54second reading.
1:54:58I'm just asking why it was deferred.
1:55:01>> Ask the commissioner who sponsored it.
1:55:04>> Yeah. No, I moved it to the next
1:55:05meeting.
1:55:05>> Oh, it's okay. So, what I'm
1:55:09>> what I'm asking is my item, the protocol
1:55:11item, first reading, last commission
1:55:14meeting, it's not here for second
1:55:17reading. Can somebody tell me why?
1:55:20Um generally like if the way they do the
1:55:23agenda is if it's on the first meeting
1:55:26uh second reading is on the first
1:55:28meeting of the month. So they match the
1:55:30month.
1:55:30>> Yeah. Just just checking.
1:55:31>> And it's also a notice issue as far as
1:55:33advertising the title.
1:55:34>> Okay. Just checking. Okay.
1:55:37>> Um Commissioner uh Partardo, you
1:55:39bifurcated RE5.
1:55:41>> Yeah, I had a lot of questions about
1:55:42RE5, so I just wanted to explain it a
1:55:44little bit. the um everyone knows that
1:55:48our ways of increasing revenue are
1:55:50increasing taxes, increasing fees, and I
1:55:53think we could do a much better job of
1:55:55bringing in other revenue, thinking more
1:55:58outside the box, more innovatively, and
1:56:01looking at private people and
1:56:03corporations that have the wherewithal
1:56:04and that are moving to Miami. District 2
1:56:07has a lot of affluence moving into
1:56:10District 2. In the past, I've had
1:56:12residents come to me and say, "I'm
1:56:14willing to give $250,000 as part of this
1:56:17street project if you'll do my curban
1:56:19gutter." It has been impossible because
1:56:22we don't have an established process or
1:56:24system to take in that money. And by the
1:56:27time we actually get to, well, maybe we
1:56:29can put it on an agenda, they're gone.
1:56:32donors. The moment a serious donor looks
1:56:35at the city and feels like they're not
1:56:38being treated professionally, they're
1:56:40whatever gift they're going to give
1:56:42isn't going to pan out, they're going to
1:56:44go away. They have other places to give
1:56:47that money. I want the city of Miami to
1:56:50be a place where a private donor can
1:56:52come here and say, "I want to give to
1:56:54this park. I want to this happened to on
1:56:57a street and I'm willing to pay for it."
1:56:59There are a lot of people out there who
1:57:01who believe they've been very fortunate,
1:57:03very blessed and they're willing to give
1:57:05and they're philanthropic and we don't
1:57:07really have a path for those people. So
1:57:10RE5 looks to the Miami Foundation. I've
1:57:12been a trustee in the Miami Foundation.
1:57:14They're a fiduciary. They're an outside
1:57:16organization. They can hold a donor
1:57:19advised fund for people in this case
1:57:22specifically in District 2 because I'd
1:57:24like to be able to have supervisory
1:57:26capacity over what happens. I'd also
1:57:28like to be able to be transparent to the
1:57:31public and show the progress of these
1:57:33different projects. I think that a donor
1:57:36advice fund with and I know there are
1:57:38other donor advice funds with the city
1:57:39and in other districts would really go a
1:57:42long way. That's well established and
1:57:44that really delivers for philanthropists
1:57:46because then they know they you start
1:57:48building a trust relationship with your
1:57:50city that they're going to treat your
1:57:52money with respect, not waste it, be
1:57:54efficient and effective. And that's
1:57:56really the point of RE5.
1:57:58>> Would you move your item?
1:58:00>> Yep. I'll move.
1:58:00>> All right. Is there a second?
1:58:02>> Second.
1:58:02>> All those in favor say I.
1:58:04>> I.
1:58:05>> Show that passed unanimously.
1:58:06Commissioner King, um, you bifurcated
1:58:09RE8 and I know there's a possible
1:58:12amendment from the clerk.
1:58:14>> So, I was just wondering, um,
1:58:16Commissioner Rosado,
1:58:18is it really necessary to commit this to
1:58:21legislation? Because with MPA, they
1:58:23already notify the commissioners before
1:58:26they take any action. And I was
1:58:29wondering if maybe you tried to resolve
1:58:32this before creating legislation because
1:58:34we have a really good working
1:58:36relationship with MPA. I just
1:58:40>> it there was there was an and and I
1:58:42agree with that that we do have a good
1:58:43working relationship but there was a
1:58:45recent instance where uh pay by phone
1:58:47signs were installed in a neighborhood
1:58:48where there's no commercial
1:58:50establishments in the vicinity and I got
1:58:52a series of complaints and the residents
1:58:54were under the impression that that was
1:58:56my idea or that that's a thing that we
1:58:58to prove and so I want to be I want to
1:59:01be notified in this particular instance
1:59:03when I brought it to their attention all
1:59:04the complaints we got they had to do a
1:59:06reanalysis and they said you know what
1:59:07it makes sense Let's go ahead and remove
1:59:09them all. If they let me know in
1:59:11advance, I'd say, why are you putting
1:59:12those there? The folks that are going to
1:59:14be parking there are parking there
1:59:15because they live in apartment buildings
1:59:17with no parking garages. They're going
1:59:18to be they're dependent on the street
1:59:19parking. So, we could have saved them
1:59:21time and money on this. So, I I would
1:59:24like to codify this.
1:59:25>> Yeah. Can Can I weigh in? You know, I
1:59:28I've always found that MPA is very
1:59:30responsible, very uh you know, uh they
1:59:33cater to our needs. I mean, I had a call
1:59:35on 17th a uh from the from some business
1:59:38owners there and from the public that,
1:59:40you know, they were charging there and I
1:59:42I called them and said, "Can you let up
1:59:43for a while, you know, to you know,
1:59:45we're in bad times. People don't have a
1:59:47lot of money right now." And they they
1:59:48they did it. I found them to be very,
1:59:50you know, very uh I agree with the with
1:59:52the commissioner. Uh
1:59:55>> sure. If I if I could just add two
1:59:57things. Again, this is just for us to be
1:59:59notified in advance. In this instance,
2:00:00we we weren't. So that may be a
2:00:03practice, but if it's not always
2:00:05followed, that's that's a problem. And
2:00:07we actually worked with the MPA on this
2:00:08legislation. So they they are fine with
2:00:11this as written.
2:00:15>> Any other discussion? Commissioner,
2:00:18would you like to move your item?
2:00:19>> So moved.
2:00:20>> And do we have an amendment? Is it
2:00:21amended as a substitution? I think
2:00:23right.
2:00:24>> Thank you, Chair. R8 will be amended
2:00:26pursuant to a substitution memo dated
2:00:28October 19th, 2026. So, as amended.
2:00:32>> So, it's moved and second as amended.
2:00:34All those in favor say I.
2:00:35>> I.
2:00:36>> I.
2:00:36>> Any opposed?
2:00:38>> What was the I'm sorry. What was the
2:00:40amendment?
2:00:42>> Bear with me for just a moment.
2:00:45>> The amendment was to limit the
2:00:47notification to properties that are
2:00:49residential in nature as well as I
2:00:51believe it changed it from 30 days to 7
2:00:53days.
2:00:54>> Got it. Thank you.
2:00:56>> Gave them a little more flexibility. All
2:00:58right. Uh, show that item passed
2:01:00unanimously.
2:01:03We'll move on. I think that's all the
2:01:06resolutions. Second reading, we have two
2:01:08SR2, SR3. Would you read the titles?
2:01:12>> Yes, madam chair.
2:01:18SR2, an ordinance of the Miami City
2:01:21Commission amending chapter 38, article
2:01:232 of the code of the city of Miami,
2:01:24Florida, as amended titled Parks and
2:01:26Recreation Use Regulations by amending
2:01:28section 38-65 titled pedalling, vending,
2:01:31and merchandising. More specifically,
2:01:33establishing a park use approval process
2:01:35for the operation of farmers markets in
2:01:37the city of Miami parks containing a
2:01:39severability clause and providing for an
2:01:41immediate effective date. Then we have
2:01:44SR3.
2:01:47SR3, an ordinance of the Miami City
2:01:49Commission amending chapter 8 of the
2:01:50code of the city of Miami, Florida, as
2:01:52amended, titled bicycles, skateboards,
2:01:54scooters, and other similar devices by
2:01:56creating article 3, section 8-20 of the
2:01:59of the code regulating the operation of
2:02:01microobility devices, electric bicycles,
2:02:03and motorized scooters in the city of
2:02:05Miami. Providing definitions,
2:02:06regulations for operation of
2:02:08micromobility devices, electric bicycles
2:02:11and motorized scooters on city
2:02:12rightsway. providing enforcement
2:02:14pursuant to chapter 2, article 10 of the
2:02:16code and chapter 318, Florida statutes,
2:02:18providing for severality clause and an
2:02:20effective date.
2:02:22>> Would we like to buy from Oh, Mr. Clerk,
2:02:24I see you have
2:02:25>> my apologies. Um, just for the record,
2:02:27SR3 uh will be amended pursuant to a
2:02:30substitution memo dated October 14,
2:02:322026. Thank you.
2:02:34>> Excellent. Um, would you like to
2:02:36bifrocate either these two items?
2:02:38Anyone?
2:02:39>> Not. I'll entertain a motion on
2:02:41>> second. All right. All those in favor
2:02:43say I.
2:02:44>> I.
2:02:45>> Any opposed? Show those items passed
2:02:48unanimous.
2:02:49>> All right. On to the first readings.
2:02:51Would you want to read the titles?
2:02:54There's quite a few of them.
2:02:55>> Yes, madam chair. FR1 first reading
2:02:57ordinance. An ordinance of the Miami
2:02:59City Commission amending chapter 10,
2:03:00article 1, division two of the code of
2:03:02the city of Miami, Florida is amended.
2:03:04City code titled buildings in general
2:03:05building administration fees and
2:03:07waiverss to revise the fee provisions
2:03:09set forth in sections 10-18 of the city
2:03:12code to comply with permit fee
2:03:14requirements as set forth by Florida
2:03:16statutes and to make other conforming
2:03:17and cleanup revisions making findings
2:03:20containing a severability clause and
2:03:22providing for an effective date. FR2 was
2:03:25indefinitely deferred. FR3,
2:03:28an ordinance of the Miami City
2:03:29Commission with attachments amending
2:03:31chapter 35, article 5 of the code of the
2:03:33city of Miami, Florida, as amended,
2:03:34titled Motor Vehicles and Traffic,
2:03:36Coconut Grove Business District, Design
2:03:38District, Winwood, Winwood Norte, and
2:03:40Downtown Flaggler District Parking
2:03:42Improvement Trust Funds, more
2:03:44particularly by amending section 35-220
2:03:46titled required off- streetet parking
2:03:48and payment in lie of required off-
2:03:50streetet parking and establishing
2:03:52section 35-245 titled Caillio Parking
2:03:55Improvement Trust Fund. established
2:03:57section 35-246 titled funds made
2:04:00available financial report section
2:04:0235-247 titled schedule of fees and
2:04:05charges for Kaio parking improvement
2:04:07trust fund and section 35-248 titled
2:04:10parking waiver certificates revocation
2:04:12refunds to establish the coyo parking
2:04:15improvement trust fund making findings
2:04:17containing a seability clause and
2:04:19providing for an effective date FR4
2:04:21first reading ordinance it's an
2:04:22ordinance of the Miami city commission
2:04:23amending chapter 6 article 3 of the code
2:04:25of of the city of Miami, Florida as
2:04:27amended titled animals enforcement to
2:04:29update the city of Miami's animal
2:04:31cruelty enforcement provisions
2:04:33establishing enhanced civil penalties
2:04:34for specified violations authorizing
2:04:37enforcement by animal control officers
2:04:39as provided by law containing a
2:04:40severability clause and providing for an
2:04:43immediate effective date. FR5, an
2:04:46ordinance of the Miami City Commission
2:04:47amending chapter 6, article 2, article
2:04:49three of the code of the city of Miami,
2:04:51Florida is amended titled animals, dogs,
2:04:53and cats enforcement to provide for
2:04:55updated fines for those who commit
2:04:57violations of the city of Miami's animal
2:04:58welfare chapter and include additional
2:05:00violations containing a severability
2:05:02clause and providing for an immediate
2:05:04effective date. F FR6, an ordinance of
2:05:06the Miami City Commission amending
2:05:08chapter 6, article 1 of the code of the
2:05:10city of Miami, Florida, as amended, city
2:05:12code titled animals in general, chapter
2:05:146, article 1 of the city code titled
2:05:16animals, dogs, and cats, and chapter 6,
2:05:18article 3 of the city code titled
2:05:19animals enforcement to provide for
2:05:21updated language regarding enforcement
2:05:23of leashing laws for domesticated
2:05:24animals on public and private property
2:05:26and to update definitions to meet
2:05:28current, codified, and statutory
2:05:29definitions from both Miami date county
2:05:32and the state of Florida containing a
2:05:33seability clause and providing for an
2:05:35immediate effective date. That is the
2:05:37end of the first reading.
2:05:38>> Thank you. Um so colleagues uh FR4, five
2:05:41and six, there's a little duplication so
2:05:44we probably need to turn on how to move
2:05:45[clears throat] forward but uh FR1 and
2:05:47FR3 does anybody want to bifurcate FR1
2:05:51or FR3
2:05:53that's the building fees and coyo
2:05:55parking improvement trust. Okay. So we
2:05:58could probably take those as a block if
2:05:59someone would move them.
2:06:01>> Motion.
2:06:02>> Second.
2:06:03>> All right. All those in favor say I.
2:06:05>> I.
2:06:05>> Any opposed? Show FR1 and FR3 passed
2:06:08unanimously. Um FR4 and five and six. I
2:06:13presume we
2:06:13>> I'd like to pull. Yeah.
2:06:15>> Yeah. I presume we want to chat probably
2:06:17all about all three of them more or less
2:06:18at the same time.
2:06:19>> I want to take FR4 first because I think
2:06:21that'll open.
2:06:22>> Yes. Yes. Okay. So, let's um let's start
2:06:24with FR4 because a lot of FR4 is
2:06:28actually in FR5. So, maybe we can
2:06:30separate those items. So, Commissioner
2:06:32Part, would you like to start?
2:06:33>> I did. There's two issues. One is a
2:06:36process issue and and I spoke with the
2:06:38city attorney about this and we
2:06:41submitted a file ID on September 30th
2:06:43with FR4. F FR5 came about 5 days later.
2:06:47F FR6 day came 10 days later. In
2:06:50speaking about this with the city
2:06:51attorney, it would have been and it has
2:06:54happened to me before. I've been told
2:06:55another commissioner is working on this
2:06:58topic and I'm like great I'll co-sponsor
2:07:00and you know whatever I'll do I'll do a
2:07:02substitution or on the deis and we
2:07:04collaborate that's not a big deal I I
2:07:07enjoy that in this case there are three
2:07:09separate items and I don't want to see
2:07:12this happen again which is why I'm
2:07:13bringing up this issue I was told that
2:07:16by saying that another commissioner is
2:07:18working on an item that that is a
2:07:19violation of sunshine I don't believe it
2:07:22is I've talked to other municipal
2:07:23attorneys they don't believe it is. I I
2:07:26feel that we're being we're duplicating
2:07:28work and we're spending money we don't
2:07:30need to spend and it would simply be
2:07:32much easier to just hold hold that topic
2:07:36and have other people add to it.
2:07:41>> Okay. Um
2:07:42>> and then on the animal cruelty side,
2:07:44I'll say something else. So I don't know
2:07:45how you want to deal with
2:07:47>> um
2:07:49Commissioner Partem,
2:07:51you might want to explain it. It it
2:07:53basically brings us into compliance with
2:07:55state law, right? And allows our
2:07:57penalties to be basically as as strong
2:08:00as they possibly could be under the
2:08:01state law,
2:08:02>> right? So, this came to us from Vanessa
2:08:04Conde, one of our residents, from the
2:08:05BNA, and it does take our our penalties
2:08:08to the maximum. That's $2,500
2:08:11for the first offense, 5,000 for the
2:08:13second, 7,500 for the third. So, it
2:08:16reflects the seriousness of what is
2:08:18happening. These instances have been
2:08:20growing in in frequency. We had someone
2:08:23here say that this is the beginning of
2:08:24criminal behavior. A lot of psychopathic
2:08:27behavior starts this way. So, we want to
2:08:30make sure we crack down as much as
2:08:32possible. And this really represents a
2:08:34first step uh as we go and we move we
2:08:37move more legislation forward and
2:08:39coordinate with the county and
2:08:41coordinate with groups that are working
2:08:42on this already.
2:08:43>> Right.
2:08:44>> Could Madame Mayor.
2:08:45>> Yes. Commissioner Rado. Yes.
2:08:47>> Commissioner Partardo. I think our items
2:08:48are definitely have the same spirit. I
2:08:50know that there's a difference in the
2:08:52penalties. I'm happy to support the
2:08:54penalties that you proposed. So, I'll
2:08:56remove the penalties from mine and we
2:08:58can make them complimentary and approve
2:09:00both.
2:09:03>> The only thing left is FR6. And my
2:09:07legislation is born out of an email that
2:09:09I received about pets being in public
2:09:13spaces without having leashes on it.
2:09:16What administration has done was
2:09:19blend the item, our city item to match
2:09:23what the county has because the county
2:09:25is um really the enforcement arm, but
2:09:30this allows the city of Miami to take
2:09:32enforcement and I don't mind
2:09:36adding my legislation to your
2:09:38legislation. Um, but mine is different
2:09:42because it's addressing pets and I I
2:09:45don't know why they put cats because we
2:09:46don't walk our cats on leashes, but
2:09:49okay. Um, but my legislation addresses
2:09:52um pets being without a leash in public
2:09:56in parks. And like one of our
2:09:58constituents said, you know, when you're
2:10:00walking and someone doesn't have their
2:10:03dog on a leash and they say, "Oh,
2:10:05they're not going to." I was told that
2:10:08any dog with teeth can bite. So while
2:10:11you know like I know cinnamon is not
2:10:14gonna bite someone but someone who is
2:10:17afraid and someone who doesn't know
2:10:19cinnamon she has teeth she can bite in
2:10:23theory. So that's why this was put
2:10:25forward.
2:10:26>> Mr. Attorney it seems as if Commissioner
2:10:29King's item we could take separately
2:10:31because there's no overlap. What What
2:10:34are your thoughts? you've you've worked
2:10:36on all of these items,
2:10:37>> right? So, um, Commissioner King's item
2:10:40is FR6.
2:10:42Um, it does add the um un um we don't
2:10:47call it unleashed in the ordinance. We
2:10:48call it unrestrained, but that's
2:10:50different from FR4 and FR5.
2:10:53Um there's language that is removed
2:10:56which is consistent with all three and
2:10:59um all citations. So, it is a good basis
2:11:02for amending it. um there wouldn't be
2:11:05much conflict between FR6 and then FR4
2:11:09and five other than
2:11:15>> yeah so um I was just advised that um
2:11:18there's a provision of the ordinance
2:11:20that talks about remove unneeded well we
2:11:22talked about that all citations issued
2:11:24per 2823 city code or chapter 5 of the
2:11:27city code we could we could remove
2:11:29language from FR6 that would make it
2:11:32just a standalone where it would just
2:11:34apply to the um the leash. And so we
2:11:36could make that change now before second
2:11:39reading.
2:11:41>> Madame Mayor, one thing I just wanted to
2:11:42add that's important, we we don't
2:11:45currently have people that can actually
2:11:47give these citations. So they do have to
2:11:49go, I think, through an 18-hour
2:11:50certification course. And and uh I'm
2:11:54saying that so that as many of us as
2:11:55possible can go through that course and
2:11:57there'll be as many of us as possible
2:11:59out there being able to give actually
2:12:01give the citations.
2:12:07I'll give our attorneys a a minute to
2:12:21All right. So, the u the requested
2:12:22amendment would be to just remove the
2:12:25amendment to 6-71 of FR6 and that would
2:12:29deconlict it with all the others. Comm
2:12:32Commissioner King, is that okay with
2:12:34you? All right. So, I think we can move,
2:12:37if I'm correct, Commissioner King, you
2:12:38want to move your item as amended?
2:12:39>> Motion as a second. Um, all those in
2:12:42favor say I.
2:12:44>> I.
2:12:44>> Okay. That can move forward to second
2:12:46reading. Okay. Colleagues on FR4 and
2:12:50five. Uh, it sounds as if Commissioner
2:12:54Versado, you will remove all of the
2:12:56references of your langanger that
2:12:57language that conflicts with FR4.
2:13:00>> Um, Mr. city attorney, do you have other
2:13:02advice for us on deconlicting those two
2:13:05items or should they be merged or
2:13:08>> what are your thoughts?
2:13:09>> Um, ideally I think yeah, the commission
2:13:12should probably pick one and decide to
2:13:13go with that um to avoid um replication,
2:13:17etc. Um, so that would be my advice. Um,
2:13:22>> the language in FR4, which is
2:13:24Commissioner PTO's, is a little bit more
2:13:26straight as far as the fines in 2-671.
2:13:30So, we could we could take that
2:13:33language, but then Commissioner Rosado
2:13:35has additional language that he has
2:13:36added that is not included in FR4, which
2:13:39is
2:13:40>> I think we're good with folding them and
2:13:42he'll co-sponsor.
2:13:43>> Yes.
2:13:44>> And we will also co-sponsor Kings
2:13:48>> and King will so we're all on
2:13:49>> everybody's co-sponsoring. Okay.
2:13:51>> So,
2:13:52>> so I'm sorry, we're showing a unanimous
2:13:54co-sponsor for FR4 and then FR6.
2:13:57>> Yes. Mr. Gabella, are you also um part
2:14:00of Okay, just want to confirm. Yes,
2:14:02>> understood.
2:14:03>> And then you have all the clarity you
2:14:05need to bring back a second reading item
2:14:07that um
2:14:08>> blends them both together.
2:14:11>> Excellent word, blend. Yes,
2:14:12>> blends. So, we'll have a a blended.
2:14:14We'll have FR4.5
2:14:16or something.
2:14:17>> You can tell we're dog parents.
2:14:19>> Okay. Um so,
2:14:22so Mr. Attorney,
2:14:25what do we do? We withdraw F FR5 and
2:14:28amend F FR4.
2:14:31>> Yes, that would that I'm fine with that.
2:14:34>> Okay. So, show um
2:14:36>> so move.
2:14:36>> Moved. Okay. All in favor?
2:14:39>> I
2:14:39>> FR5 is withdrawn. F FR4. Can we have a
2:14:43motion to amend this to include what
2:14:45used to be F FR5?
2:14:46>> So moved. Second.
2:14:47>> All right. All those in favor.
2:14:50>> Any opposed? Show. Show FR 4.5 minus
2:14:54five approved. Perfect. Okay. As
2:14:56amended.
2:14:57>> As amended. Thank you all for working
2:15:00through that.
2:15:01>> Yeah.
2:15:04>> All right. Now we move on to boards and
2:15:06committees. Mr. Clerk.
2:15:08>> Thank you, Chair. BC1 code enforcement
2:15:11award. Commissioner Escalona would like
2:15:13to appoint Jason Manowitz to the atlarge
2:15:15seat.
2:15:16>> Motion.
2:15:17>> Second.
2:15:18>> Second.
2:15:18>> All those in favor?
2:15:20>> I.
2:15:20>> Any post? Show that appointment made.
2:15:22BC2
2:15:23>> BC2 Miami Tree Ordinance Advisory
2:15:26Committee. Commissioner Escalona would
2:15:28like to appoint Risa Fernandez to his
2:15:29seat on the board.
2:15:31>> Motion.
2:15:32>> Second.
2:15:33>> In favor?
2:15:34>> I post. Show that appointment made. All
2:15:38right, colleagues. We'll move on to the
2:15:40planning and zoning items. My
2:15:42understanding is PZ20 has to have a
2:15:45separate vote. Is that correct, Mr.
2:15:47Clerk?
2:15:47>> That is.
2:15:48>> Yes, ma'am. Sorry.
2:15:48>> Okay. or we have a unanimous yes. It has
2:15:51to be separate. Uh all right. So then
2:15:54let's talk about the other ones. PZ 1 2
2:15:583 4 6 and 7. Does anyone want to
2:16:03bifurcate any of Oh no, there's more.
2:16:06Sorry guys. Easy. 1 2 3 4 6
2:16:127 14 16 17 and 18. Does anyone want to
2:16:18bifurcate any of those?
2:16:20>> I'd like to pull PZ4.
2:16:22>> PZ4.
2:16:27>> All right. I'll entertain a motion.
2:16:29>> Read some of the
2:16:30>> Oh, you do have to read the titles. I'm
2:16:31sorry about that.
2:16:32>> That's all right. Um
2:16:33>> PZ4 being one of them.
2:16:37>> So PZ1 is a resolution. PZ2
2:16:40PZ3 is a second reading ordinance. An
2:16:43ordinance of the Miami City Commission
2:16:44with attachments amending the zoning
2:16:46atlas of ordinance number 13114 the
2:16:49zoning ordinance of the city of Miami,
2:16:50Florida as amended Miami 21 code by
2:16:52changing the zoning classification from
2:16:53T68L urban core transact zone limited to
2:16:57T50 urban center transact zone open for
2:17:01the properties generally located at 625,
2:17:03645, 675, 685, 650, 640, 630 and 626
2:17:10Northeast 64 Terrace and 629 9 635
2:17:14645655
2:17:166669 and 685 Northwest 64 Street and the
2:17:20east portion of 610 Northeast 64
2:17:23Terrace, Miami, Florida. More
2:17:24particularly described in exhibit A
2:17:26attached and incorporated making
2:17:27findings containing a severability
2:17:29clause and providing for an effective
2:17:31date. PZ4
2:17:34first reading ordinance. An ordinance of
2:17:35the Miami City Commission with
2:17:36attachments amending ordinance number
2:17:3813114. The zoning ordinance of the city
2:17:40of Miami, Florida is amended. Miami 21
2:17:42code by amending article 1 section 1.2
2:17:45titled definition of terms to define
2:17:47electric vehicle ready and article 3
2:17:49section 3.6 titled off- streetet parking
2:17:52and loading standards to remove electric
2:17:55vehicle capable parking requirements.
2:17:57Article four, table four, titled
2:17:59density, intensity and parking, T4,
2:18:01density, intensity, and parking T5
2:18:04density intensity and parking T6 density
2:18:07intensity and parking CS density
2:18:10intensity and parking CI density
2:18:12intensity and parking CI-HD
2:18:16density intensity and parking D1 density
2:18:19intensity and parking D2 and density
2:18:22intensity and parking D3 to reduce
2:18:24parking requirements when electric
2:18:25vehicle ready parking is prov. provided
2:18:27making findings containing a
2:18:28severability clause and providing for an
2:18:30immediate effective date. Then all right
2:18:34five was deferred. Six in second reading
2:18:38ordinance in ordinance of the Miami City
2:18:40Commission with attachments amending
2:18:41ordinance number 10544 is amended the
2:18:44future land use map of the Miami
2:18:45comprehensive neighborhood plan pursuant
2:18:46to smallcale amendment procedures
2:18:48subject to section 163.3187
2:18:51Florida statutes by changing the future
2:18:53land use designation from single family
2:18:54residential to duplex residential of the
2:18:57acreage described herein of real
2:18:58property at approximately 3520 southwest
2:19:0117 Terrace Miami Florida as more
2:19:03particularly described in the attached
2:19:04and incorporated exhibit
2:19:06making findings containing a
2:19:07severability clause and providing for an
2:19:09effective date. PZ7. Also a second
2:19:12reading ordinance. An ordinance of the
2:19:14Miami City Commission with attachments
2:19:15amending the zoning atlas of ordinance
2:19:16number 13114. The zoning ordinance of
2:19:18the city of Miami, Florida's amended
2:19:20Miami 21 code by changing zoning the
2:19:23zoning classification from T3R suburban
2:19:26trans zone restricted to T30 suburban
2:19:29trans zone open for the southern
2:19:31property of the southern portion of the
2:19:33property generally located at 3520
2:19:35Southwest 17th Terrace, Miami, Florida.
2:19:38with such a portion as more particularly
2:19:40described in the attachment incorporated
2:19:41exhibit A making findings containing a
2:19:43severability clause and providing for an
2:19:46effective date. PZ8 has been deferred.
2:19:48PZ9 has been deferred. PZ 10 has been
2:19:50deferred. PZ 11 1213 have been deferred.
2:19:56PZ14 first reading ordinance. An
2:19:59ordinance of the Miami City Commission
2:20:00with attachments amending ordinance
2:20:01number 10544 as amended. the future land
2:20:04use map of the Miami comprehensive
2:20:05neighborhood plan pursuant to the
2:20:07expedited state review process subject
2:20:09to section 163.3184
2:20:11Florida statutes by amending the future
2:20:13land use designation from medium density
2:20:16restricted commercial to restricted
2:20:17commercial for certain properties west
2:20:19of Northwest North River Drive between
2:20:22Northwest 6th Street and Northwest 4
2:20:23Street by amending the future land use
2:20:25designation for medium density
2:20:27restricted commercial to restricted
2:20:28commercial for certain properties
2:20:30between Southwest River Drive Southwest
2:20:322 Street, Southwest 5 Avenue, and
2:20:34Southwest 1 Street by amending the
2:20:36future land use designation from medium
2:20:38density multifamily residential to
2:20:41restricted commercial for certain
2:20:42properties between Southwest 4 Avenue,
2:20:44Interstate I95, Southwest 6th Street,
2:20:47Southwest 5 Avenue, and Southwest 1st
2:20:49Street by amending the future land use
2:20:51designation for medium density
2:20:52restricted commercial to restricted
2:20:54commercial for certain properties lo
2:20:56fronting Southwest 7th Street between
2:20:58Interstate I95 and Southwest 12th Avenue
2:21:02by Amending the future land use
2:21:04designation from lowdensity multif
2:21:06family residential and lowdensity
2:21:07restricted commercial to medium density
2:21:09multifamily residential and medium
2:21:11density density restricted commercial
2:21:13for certain properties on the north side
2:21:15of Southwest 9th Street between
2:21:17Southwest 8th Avenue and Southwest 12
2:21:19avenue by amending the future land use
2:21:21designation from medium density
2:21:24multifamily residential to restricted
2:21:26commercial for certain properties
2:21:28fronting Southwest 7th Street between
2:21:30Southwest 17th Avenue and Southwest 22
2:21:33Avenue and by amending the future land
2:21:34use designation from lowdensity
2:21:36restricted commercial to restricted
2:21:38commercial for certain properties along
2:21:40Southwest 8 between Southwest 1 Street
2:21:43and Southwest 6th Street, Miami,
2:21:44Florida, as more particularly described
2:21:45in the attached and incorporated exhibit
2:21:47A making findings continuing
2:21:49severability clause and providing for an
2:21:51effective date. PZ15 has been deferred.
2:21:55PZ16 is a first reading ordinance, an
2:21:57ordinance of the Miami City Commission
2:21:59with attachments amending ordinance
2:22:00number 10544 as amended. the future land
2:22:03use map of the Miami comprehensive
2:22:04neighborhood plan pursuant to
2:22:06small-scale amendment procedures subject
2:22:07to 163.3187
2:22:09Florida statutes by changing the future
2:22:11land use designation from duplex
2:22:13residential to restricted commercial of
2:22:15the acreage described herein for the
2:22:17properties fronting northwest 36 court
2:22:19on the west between northwest 6th street
2:22:22and northwest flaggler terrace by
2:22:23changing the future land use designation
2:22:25from duplex residential to low density
2:22:27multifamily residential of the acreage
2:22:30described herein for the properties
2:22:31fronting northwest is 36th Street on the
2:22:33east between Northwest 6th Street and
2:22:35Northwest Flaggler Terrace by changing
2:22:37the future land use designation from
2:22:39duplex residential to lowdensity
2:22:41restricted commercial of the acreage
2:22:43described herein for 613 Northwest 36
2:22:46Court 31 Northwest 36 Court 15 Northwest
2:22:5036 Court and 3655 Northwest 6 Court and
2:22:54by changing the future land use
2:22:55designation from duplex residential to
2:22:57restricted commercial of the acreage
2:22:59described herein for 3670
2:23:02Northwest 6th Street, 3675 Northwest 5
2:23:05Street, 3684 Northwest 4 Street, and
2:23:073651 Northwest 3 Street, Miami, Florida,
2:23:10as more particularly described in
2:23:11exhibit A, attached and incorporated
2:23:14making findings containing a
2:23:15severability clause and providing for an
2:23:17effective date.
2:23:19PZ17 first reading ordinance, an
2:23:21ordinance of the Miami City Commission
2:23:23with attachments amending ordinance
2:23:24number 13114, the zoning ordinance of
2:23:26the city of Miami, Florida is amended.
2:23:27Miami 21 code by changing the zoning
2:23:30classification from T30 suburban
2:23:32transact zone open to T40 urban general
2:23:35transect zone open for the properties
2:23:37running north and south fronting
2:23:38northwest 6th Street and Northwest 5
2:23:40street by changing the zoning
2:23:41classification from T30 suburban trans
2:23:44zone open to T40 urban general transect
2:23:49zone open for the properties running
2:23:51north and south fronting northwest 4
2:23:53street and northwest 3 street and by
2:23:54changing the zoning classification from
2:23:56T30 30 suburban transit zone open to T4R
2:24:00urban general transit zone restricted
2:24:03for the properties fronting northwest 36
2:24:05Court to the east and west between
2:24:06Northwest 7th Street and Northwest
2:24:08Flagler Street, Miami, Florida, as more
2:24:11particularly described in exhibit 8
2:24:12attached and incorporated making
2:24:13findings containing a severability
2:24:15clause and providing for an effective
2:24:17date PZ18 first reading ordinance and
2:24:20ordinance of the Miami City Commission
2:24:21amending ordinance number 13114 the
2:24:23zoning ordinance of the city of Miami,
2:24:24Florida is amended specifically by
2:24:26amending ing article 4, table 4, titled
2:24:28density, intensity, and parking to
2:24:30clarify parking regulations for uses
2:24:32within the podium by amending article 5
2:24:35titled specific to zones to update
2:24:37development incentives for podium
2:24:38liners, podium design and parking
2:24:40structures and allowable cantalvered
2:24:43building encroachments and by amending
2:24:45article 6 section 6.1 titled intent and
2:24:48exclusions to update micro dwelling unit
2:24:50liner regulations making findings
2:24:52containing a severability clause and
2:24:54providing for an effective
2:24:56PZ19 has been deferred and PZ20 is a U
2:25:00resolution. Thank you, Madam Chair.
2:25:02>> All right, take a breath, George. That
2:25:04was that was a long I [laughter] should
2:25:07Yeah, take a Exactly. Have a sip. All
2:25:10right, folks. We have bifurcated PZ4.
2:25:15PZ20 must be voted on separately. Um,
2:25:18Mr. Clerk, I think you have something to
2:25:20read into the record on PZ2.
2:25:23>> Thank you, chair. Um, PZ2 will be
2:25:26amended um, pursuant to a substitution
2:25:28memo dated October 20th, 2026. PZ14 will
2:25:32be amended pursuant to a substitution
2:25:34memo dated October 20th, 2026. PZ16 will
2:25:37be amended to add PZAB meeting
2:25:40information in the first whereas clause
2:25:41and PZ 17 will be amended to add PZAB
2:25:44meeting information in the first whereas
2:25:46clause. Thank you, chair.
2:25:47>> Um, Mr. Clerk, I believe PZ3 also needs
2:25:50the PZAB information as well. I've just
2:25:52been informed. might not be on your
2:25:54list.
2:25:55>> PZ3 will be shown as amended as well.
2:25:57Understood.
2:25:58>> Okay. Um
2:26:15All right. Do I have a motion on
2:26:18everything except for PZ4 and PZ 20,
2:26:22please?
2:26:23>> Motion second.
2:26:24>> All right. All those in favor say I. I.
2:26:27>> Any opposed? Show those passed
2:26:29unanimously. Um I think we'll go to PZ
2:26:3220 first just because we're paying
2:26:34outside counsel and if we could save
2:26:36whatever 30 minutes of time, let's do
2:26:38that. Um, do you mind reading that one
2:26:41into
2:26:42>> It's a resolution, but I'll read it
2:26:44anyway just so everybody knows what's
2:26:46going on. No, it's it makes sense. Um,
2:26:48PZ20 is a resolution of the Miami City
2:26:50Commission granting or denying the
2:26:52appeal filed by Elvis Cruz of the
2:26:53intended decision for BD23-006209-00001
2:26:58issued on August 25, 2026 for the city
2:27:02of Miami public rightway located at
2:27:03approximately 5215 Northwest 7 Avenue,
2:27:07Miami, Florida. And would the parties
2:27:08state their appearances, please?
2:27:13>> Uh, good morning. Amanda Corkan, outside
2:27:15council on behalf of city staff on this
2:27:17appeal.
2:27:22>> Mi Mr. Cruz, would you like to start
2:27:25your presentation?
2:27:27>> Yes, ma'am. Let me just hook up here.
2:27:30>> H how much time do you think you'll
2:27:31need? A
2:27:32>> little over 10 minutes.
2:27:33>> Try to keep it to 10, please.
2:27:35>> Sorry. Try to keep it to 10.
2:27:38>> I think I can.
2:27:39>> I think you can. You're
2:27:40>> I'd like to remind you that a couple
2:27:41meetings ago there was a tree appeal on
2:27:42Irvington. They took 18 minutes
2:27:45>> before you told them to land the plane.
2:27:47Remember that one? That was good.
2:27:48>> I did. So I know. Give us give it a
2:27:52whirl and let's try for 10. Thank you.
2:27:56>> Is there going to be a standing
2:27:58challenge today?
2:28:00>> Uh the city does not wave standing and
2:28:02we'll preserve it for the record. Yes.
2:28:05Are you challenging my standing? Is that
2:28:07what I understand?
2:28:09>> The city is reserving the uh the
2:28:11standing argument and we can address
2:28:12that first if you'd like to.
2:28:14>> Well, normally the way the commission
2:28:16does it, you address standing first.
2:28:19>> Okay, great.
2:28:20>> Because if I don't have standing, I
2:28:21don't get to present.
2:28:22>> I thought you were going to present your
2:28:24standing and then I can I can
2:28:25cross-examine you.
2:28:32>> Okay. So, we're going with standing
2:28:33first.
2:28:39Elvis Cruz, 631 Northeast 57th Street.
2:28:43My legal standing for this appeal is
2:28:45based on Miami City Code section 178B.
2:28:51Quote, "Any agreved party having
2:28:53standing under state law may appeal to
2:28:55the city commission. any decision by the
2:28:58department on matters relating to tree
2:28:59permit applications for the departments
2:29:02of public works or capital improvements
2:29:04program or to their contractors
2:29:08and also section 172 which reflects the
2:29:12state law intervenor a person whose
2:29:15interests in the proceeding are
2:29:17adversely affected in a matter greater
2:29:20than those of the general public in
2:29:23addition to living two blocks from the
2:29:25park since 1977 7 and visiting it at
2:29:27least three times a week. My interests
2:29:29in this proceeding, both financial and
2:29:32personal, are adversely affected in a
2:29:35manner far greater than those of the
2:29:37general public. I know of no other
2:29:40member of the public who has spent more
2:29:42of their own time and money to protect,
2:29:45maintain, and advocate for Morningside
2:29:47Park than I have. I paid
2:29:51for the planting of the four monkey pod
2:29:54trees. SAMS
2:29:57that were destroyed by acts of
2:29:59malfeasants and are the subject of the
2:30:01intended decision I'm appealing today.
2:30:04Here is one of those trees. Uh
2:30:08correction. These are four of them.
2:30:09Those four trees the day they were
2:30:12planted May 17th, 2018.
2:30:16Here is one of that same group of monkey
2:30:18pods that was not killed photographed
2:30:20last week. So you can see the tri the
2:30:23size of the trees that were lost. I've
2:30:26also paid $97 for this appeal, even
2:30:30though it was the city's fault through
2:30:31their contractors that those trees were
2:30:33cut down, which the contractors said
2:30:36they were going to replace, but then
2:30:37reneged.
2:30:39I've spent countless hours and thousands
2:30:41of dollars to maintain and improve
2:30:42Morningside Park since 93, including
2:30:45thousands of volunteer hours planting,
2:30:47trimming, fertilizing, irrigating, and
2:30:49weeding.
2:30:51Anybody who doubts that is invited to
2:30:53ask park manager Kai Chisum, former park
2:30:56managers Albert Moira, Michael Bleti and
2:30:59Elizabeth Zapata, groundskeeper Claudio
2:31:02Eva, and former parks department
2:31:04directors Kevin Cerwin and Chuck Ellis.
2:31:08I worked long and hard to get the park
2:31:10declared historic by the HEP board.
2:31:12Unfortunately, the city commission voted
2:31:14against the district commissioner and
2:31:18rescended it.
2:31:19I've conducted 70 free educational tours
2:31:22of the park for 1,117
2:31:25individuals,
2:31:27including elementary, middle, and high
2:31:30school students,
2:31:32Boy Scouts, Girl Scouts, and the general
2:31:35public. All my tours are free. If any of
2:31:39you or anyone wants to bring a group for
2:31:41a free educational tour, please email
2:31:45morningside [email protected].
2:31:47What I do is officially encouraged by
2:31:51the city. Here's the city's website.
2:31:55Thank you for your interest in
2:31:56volunteering. It is a top priority for
2:31:58us to strengthen environmental
2:32:00conservation and educational outreach
2:32:03efforts
2:32:04in partnership with local, state,
2:32:06private, and nonprofit organizations.
2:32:08Park beautifification, landscaping,
2:32:11gardening, removing weeds. We welcome
2:32:13your interest, assistance, and help and
2:32:16invite you to become part of our
2:32:18volunteer team.
2:32:21In order to volunteer in the park, I had
2:32:23to be verified by the city, including
2:32:25fingerprinting, drug testing, chest
2:32:27X-ray for tub tuberculosis, and a
2:32:29background check by the Florida
2:32:30Department of Law Enforcement. I've
2:32:33donated and planted at least 60 trees in
2:32:35the park, all at my expense.
2:32:38All with permission from the city.
2:32:41That includes planting memorial palms
2:32:43for distinguished neighbors that passed
2:32:45away, including for departed city
2:32:47official Alice Robertson. I created and
2:32:50maintain a spreadsheet of the
2:32:51approximately 200 palms in the
2:32:53Morningside Park Palum.
2:32:55I obtained donations from the South
2:32:57Florida Palm Society and myself to place
2:32:59educational identification signs on all
2:33:02the palms in the Palum. I donated and
2:33:06installed a drip irrigation system all
2:33:08at my expense as I was requested by the
2:33:10city. My efforts in the park have been
2:33:13supported by Fairchild Tropical Garden,
2:33:16Montgomery Botanical Center, and might
2:33:17be Dave County Public Schools. I've
2:33:20appeared at dozens of city commission
2:33:22meetings over decades advocating for the
2:33:24park. all too often trying to protect it
2:33:27from harmful things the city did just
2:33:30like this appeal today, including
2:33:33building a dumpster corral on the
2:33:35bayfront, placing an eyesore, a cargo
2:33:38container by the softball field,
2:33:41blocking the park's original drainage
2:33:43ditches, resulting in flooding that
2:33:45continues even now, 14 years later,
2:33:49neglecting the swi the city's swimming
2:33:51pool maintenance. That was a tough loss
2:33:53as the city's very bad habit of
2:33:55demolition by neglect claimed another
2:33:57victim. I've been advocating for trees
2:34:00for decades. My efforts were even
2:34:02written up in a newspaper back when I
2:34:04had better hair. Lastly, Morningside
2:34:08Park opened on June 13th, 1953. I wasn't
2:34:12born then, but I was there for its 70th
2:34:14birthday when I hosted a birthday party
2:34:17for the park with cake and ice cream.
2:34:20Commissioner Partardo, you came to that
2:34:22birthday party and as someone who has
2:34:24lived in Morningside since 1999, you're
2:34:27very aware of my many years of
2:34:29volunteering in and advocacy for
2:34:32Morningside Park. In light of all this
2:34:35evidence, it is clear that my interests
2:34:37are far greater than that of the general
2:34:40public. And so I qualify for intervenor
2:34:42status as per sections 178B and 172 of
2:34:46the Miami City Code. Because of the
2:34:48egregious nature of the code violations
2:34:50done to this park recently, I filed this
2:34:54appeal. Lastly, there was an agenda item
2:34:57earlier today about philanthropic
2:34:59donations to district 2. I've already
2:35:01been doing that for over 30 years, and
2:35:04if I had to sum up my experience in one
2:35:06sentence, I would say no good deed goes
2:35:09unpunished.
2:35:11I've made many donations to the city
2:35:14over the years, and I'm offering another
2:35:16one today. Please don't punish me for
2:35:19it. Thank you,
2:35:22>> Mr. Cruz. Under Renard and Renard B. Day
2:35:25County and Solaris versus the city of
2:35:27Miami, you have to alleged special in
2:35:29injury. This is an intended decision for
2:35:31an after the fact removal of trees. Do
2:35:33you have a special injury with regard to
2:35:35the replacement of trees?
2:35:37>> Yes, I do. As you'll recall, I showed
2:35:40you the receipt. I planted those
2:35:42original trees. So, I have a financial
2:35:45interest. Now I have to ask you, do you
2:35:48mean strictly financial interest or
2:35:51personal interest? Because under state
2:35:53law, it's not limited to financial
2:35:55interest. It can also be a personal
2:35:57interest. You are aware of that as an
2:35:58attorney, I'm sure.
2:35:59>> Okay. So, this is an this is an intended
2:36:02decision for the replacement of trees.
2:36:05Do you have a special injury with regard
2:36:07to the replacement of trees in
2:36:08Morningside Park?
2:36:10>> Yes, I do. Because as I showed you in my
2:36:12PowerPoint, the park was designed in the
2:36:15very elegant style, the American
2:36:16romantic park movement by the city of
2:36:19Miami's parks director, who was also a
2:36:21landscape director, excuse me, landscape
2:36:23architect, Ray Plamer. The park was
2:36:25designed with an elegant uniform
2:36:28planting of large canopy shade trees
2:36:30along the loop road and some of the
2:36:33walkways. What is being proposed as the
2:36:35mitigation would disrupt that planting
2:36:38which I have been working on for
2:36:41decades.
2:36:42>> Do you have any documents or other
2:36:44evidence that the city gave you
2:36:45permission to plant the trees that were
2:36:48removed uh during construction?
2:36:51>> Yes, I showed you the documentation in
2:36:53my PowerPoint.
2:36:56>> Um,
2:36:57>> and by the way, if you doubt that,
2:37:00talk to Kevin Kerwin. He was the parks
2:37:02director at the time. He's the one that
2:37:03gave me permission.
2:37:05>> Um,
2:37:07can you please allege with spec
2:37:09specificity what is your special injury
2:37:11for the replacement of the trees in
2:37:14Morningside Park?
2:37:15>> I will be covering that in my main
2:37:18presentation. But this is only about
2:37:20standing. You are aware of that that
2:37:22this is only the standing hearing.
2:37:23There's going to be a whole another
2:37:24presentation 10 minutes long once we
2:37:28actually get into the substance. this
2:37:29which is happening here is the city's
2:37:31basic maneuver of trying to prevent
2:37:33people from even presenting their case
2:37:35on standing.
2:37:37>> Okay. Um we reserve our right to further
2:37:39object to standing as you make your
2:37:41presentation and we'll allege further
2:37:44facts.
2:37:46>> I presume that means we're allowed to
2:37:48we'll let Mr. Cruz go ahead with your
2:37:50presentation. Thank you.
2:37:52>> So am I understand I have been granted
2:37:54standing mayor?
2:37:55>> No, there is no determination on
2:37:57standing. There is no independent
2:37:59determination on standing. You can make
2:38:00your presentation.
2:38:03>> Okay. So even though the commission has
2:38:06not granted me standing, I'm to give my
2:38:08presentation.
2:38:10>> Is that what I'm understanding?
2:38:11>> So um it if the commission wishes to
2:38:15make a motion on standing now, they they
2:38:19can do that. Um otherwise, it appears
2:38:21that council has no objection to Mr.
2:38:23Cruz making his case. you can hear his
2:38:26case and at the end um make a
2:38:28determination on um either standing at
2:38:33that point and or on the merits of the
2:38:36appeal.
2:38:38>> I think we should go ahead and hear the
2:38:40presentation.
2:38:45>> Okay, here we go. Elvis Cruz, 631
2:38:48Northeast 57th Street.
2:38:57Morningside Park was designed in the
2:38:59American romantic style with a curved
2:39:01boulevard and walkways lined with
2:39:03elegant uniform tree plantings by Ray
2:39:06Plamer, Miami's park superintendent and
2:39:09brilliant landscape architect. In 2025,
2:39:12the Morningside Park Shoreline Project
2:39:14removed 60 trees with permits, but then
2:39:19later removed another fif trees without
2:39:22permits or public notice. Then, to avoid
2:39:26applying for a derm permit, the
2:39:28contractor deliberately flooded an area
2:39:30of the park with saltwater poisoning
2:39:32eights trees. The neighbors were not
2:39:35happy. The city told us that they would
2:39:37wait a year before removing any trees to
2:39:40see if they would recover. The neighbors
2:39:42believed that promise. I was especially
2:39:46concerned with five of the poison trees.
2:39:48Four monkey pods botanical name sana son
2:39:53and one huge specimen java plum
2:39:56botanical name sigium humini.
2:40:00This healthy surviving monkey pod
2:40:02planted the same day as the four that
2:40:04were poisoned reflects their size.
2:40:07The four poisoned monkey pods were part
2:40:09of an elegant uniform tree planting
2:40:11seven in a row. I paid for those four
2:40:14trees to be planted. The consultant for
2:40:17the project, Curtis Rogers, monitored
2:40:20the monkey pods but misidentified them
2:40:22as mimosa, which may have caused the
2:40:26misinformation you'll soon hear.
2:40:29Two of the monkey pods never recovered,
2:40:32but two others bounced back as the
2:40:35consultant's own reports showed both
2:40:38trees had new leaf growth only one month
2:40:42after the saltwater damage and continued
2:40:45recovering.
2:40:46And as late as March 12th, the
2:40:49consultant's report says both trees
2:40:52recovering with new growth.
2:40:54Then without any public notice or
2:40:57permit, completely in violation of city
2:41:00code on April 13th, 2026, all four
2:41:03monkey pod trees were cut down.
2:41:06Was that gross malfeasants or malice?
2:41:10Afterwards, Curtis Rogers said they
2:41:13would replace those four trees with new
2:41:15monkey pods, but now they want to reneg
2:41:18on that promise.
2:41:24As for the specimen java plum, it was
2:41:27one of about 35 planted when the park
2:41:30opened in 1953.
2:41:3325 of them still thrive there today. The
2:41:37contractor's deliberate saltwater
2:41:39flooding caused this specimen to drop
2:41:42all of its leaves. Then it started
2:41:45recovering and there was much happiness
2:41:48because the city promised to wait a
2:41:51year. Leaves sprouted on upper branches
2:41:53including healthy tissue up to there.
2:41:56But unknown to the public, the
2:41:58consultant bizarrely reported that the
2:42:01tree was defoliated and nonviable.
2:42:04Then on April 15th, the Java plum was
2:42:07cut down again with no public notice and
2:42:10no permit. Yes, it's that crazy. It's
2:42:14that evil.
2:42:17It was 52 in in diameter. I met with the
2:42:20city manager to ask for the same trees
2:42:22to be replanted. He seemed agreeable.
2:42:26So, I was quite surprised by the new
2:42:28intended decision. I emailed the city
2:42:30and their reply clearly showed that they
2:42:32had been given much misinformation.
2:42:35The city wrote, "Monkey pod trees are
2:42:38considered category 1 invasive species."
2:42:41That is completely false. The category 1
2:42:45list from the Florida Invasive Species
2:42:46Council is easily found online and does
2:42:49not include monkey pods. Even so, that
2:42:53council is a private 501c3. It is not
2:42:56regulatory. The Miami Dade County
2:42:58Prohibited Species List also does not
2:43:01include monkey pods.
2:43:04The county code's list of prohibited
2:43:05species at section 24499
2:43:08also does not include monkey pods.
2:43:12Curtis Rogers misidentified the monkey
2:43:14pod as the mimosa tree which is on the
2:43:18invasive species list. That error may
2:43:22have caused the mistaken belief that
2:43:24monkey pods are invasive.
2:43:27Monkey pods were first planted in
2:43:29Morningside Park by the city of Miami.
2:43:33itself back in 2006,
2:43:3720 years ago. More were added later for
2:43:40a total of 19. There is simply no
2:43:44invasion of monkey pod trees anywhere in
2:43:47Morningside Park. As for the Java plum,
2:43:51I was surprised to see that it is listed
2:43:54on the category 1 invasive species list.
2:43:58However, that list is from a private
2:44:01501c3, not the state of Florida, and it
2:44:04is not regulatory.
2:44:07Miami code 172
2:44:09defines prohibited species as those
2:44:12listed in the county code. Java Plum is
2:44:15not listed as prohibited by the county
2:44:18and they are the agency having
2:44:21jurisdiction.
2:44:22However, Java plum is listed as a
2:44:26controlled species by the county, which
2:44:28says it may not be planted within 500 ft
2:44:32of natural plant communities. But
2:44:34Morningside Park does not have any
2:44:37natural plant communities. The entire
2:44:40park is an artificial landscape created
2:44:42in 1953.
2:44:44Java Plum can be legally planted there,
2:44:47no problem. Java plum cannot invade the
2:44:51park's shoreline nor tidal basin which
2:44:54are both saltwater because Java plum is
2:44:57not salt tolerant as proven by the
2:45:01saltwater flooding. Java plums have been
2:45:04in Morningside for 73 years. I've lived
2:45:09nearby since 1977 and I've never seen a
2:45:12single Java plum tree invading the park.
2:45:16The city also wrote, "Replacement trees
2:45:18shall be of a native or non-native
2:45:21species, but neither monkey pod nor Java
2:45:25plum are listed as invasive by Miami
2:45:28Dade County, as I've shown you." The
2:45:31city also wrote that lightning caused
2:45:33the destruction of the Java Plum. That
2:45:36is simply false.
2:45:39The Java plum was recovering nicely when
2:45:41workers cut it down. And the workers
2:45:44caused a high voltage power line to
2:45:46snap, fall, and start a small grass
2:45:49fire, which happened here. That act of
2:45:51carelessness was used as a cover story
2:45:54for cutting down the Java Plum without
2:45:57public notice nor permit, despite the
2:46:00city's promise that it would be
2:46:02monitored for a year.
2:46:04Next, the consultant has chosen native
2:46:07coastal species for mitigation, but
2:46:09wants to plant them outside the coastal
2:46:12zone, which is on the coastal side of
2:46:14the new seaw wall, not 400 ft in land.
2:46:17More importantly, native coastal species
2:46:20were already planted in land in
2:46:22Morningside Park 16 years ago, and
2:46:25they've done poorly. Miami Dade County
2:46:29aerial photographs first showed them in
2:46:312010.
2:46:3216 years later, they're stunted. I'm
2:46:356'1, so I'm using my height for scale.
2:46:39This tree is only 18 feet tall with only
2:46:4214 ft of canopy. Notice how little
2:46:45they've grown over those 16 years and
2:46:49how little shade canopy they provide.
2:46:51Evidently, the soil in Morningside Park
2:46:54does not suit coastal native species.
2:46:58But even in good conditions, those
2:47:00species do not develop a large canopy.
2:47:03On the other hand, monkey pod trees were
2:47:05first planted by the city itself in
2:47:092006.
2:47:1120 years later, they've grown as, by the
2:47:14way, that little circle, that's me in
2:47:16there. I'm 6 feet tall. That's me. Look
2:47:18at that compared to the size of the
2:47:20tree. 20 years later, they've grown as
2:47:23much as 50 feet tall and 96 feet wide,
2:47:27providing excellent shade canopy. A far
2:47:30better choice.
2:47:32The proposed mitigation planting of
2:47:34scattered coastal native small canopy
2:47:36species would disrupt and disrespect
2:47:39the park's historic landscape design of
2:47:42elegant uniform large shade tree
2:47:44plantings and be a disservice to the
2:47:47public. So, summarizing the bad
2:47:49behavior, 16 trees cut down without
2:47:52permits during construction. Saltwater
2:47:55deliberately pumped into the park. The
2:47:58city said they'd wait a year before
2:47:59removing any saltwater poison trees,
2:48:02then reneged on that promise. Eight
2:48:04saltwater area trees cut down without
2:48:07public notice or permit, even though
2:48:10three were recovering, as shown by the
2:48:13contractor's own records. Curtis Rogers
2:48:17said they would replant new monkey pods.
2:48:19Now they've reneggged.
2:48:21Misidentification and much
2:48:22misinformation was used to make
2:48:24decisions.
2:48:26Someone lied about the Java plum being
2:48:28struck by lightning.
2:48:30And last, even though it was the city's
2:48:32or their contractor's fault that the
2:48:34trees were illegally cut down, I had to
2:48:37pay $97 for this appeal. So I
2:48:40respectfully request replant four new
2:48:43monkey pods in the same location where
2:48:45they were as the public was promised to
2:48:47respect the original elegant uniform
2:48:50plantings of the same tree species.
2:48:53Relocate a green buttonwood that was
2:48:54recently planted there as it disrupts
2:48:56the elegant landscape design of uniform
2:48:59tree plantings. Replant a java pump java
2:49:02plum to make up for the large specimen
2:49:04that was cut down offset to avoid the
2:49:07power lines. restore the other missing
2:49:10original Java plum trees over time do
2:49:13not allow the scattered planting of
2:49:15coastal native species because they
2:49:17don't grow well there. They provide
2:49:19little shade and they would disrupt the
2:49:21park's elegant design of uniform tree
2:49:23plantings. Instead,
2:49:26have the contractor pay into the tree
2:49:28trust fund and in light of the egregious
2:49:31behavior of the city's contractors,
2:49:33refund the $97 I spent to file this
2:49:36appeal. And here's what I'm offering in
2:49:39return.
2:49:41I will gladly arrange for and pay for
2:49:45the installation of the new monkey pods
2:49:47and Java plum trees and maintain them
2:49:50for the rest of my life.
2:49:53It won't cost the city a penny.
2:49:56It'll be free, just like my educational
2:49:59tours. The only stipulation is that the
2:50:01new trees will not be large when planted
2:50:03because larger size of those trees
2:50:06generally aren't available locally, but
2:50:08they grow quickly as you've seen.
2:50:12Again, there was an agenda item earlier
2:50:14today about philanthropic donations to
2:50:16District 2. I've already been doing that
2:50:18for over 30 years. And if I had to sum
2:50:22up the experience in one sentence, it
2:50:24would be no good deed goes unpunished.
2:50:28I've made many donations to the city
2:50:30over the years and I'm offering another
2:50:33one today. Please don't punish me for
2:50:36it. In closing, if anyone
2:50:40has any doubts about anything I've
2:50:44presented, please visit the park with me
2:50:47so I can show you the evidence.
2:50:51I have a handout for the city clerk to
2:50:53hand out to the commission with my offer
2:50:57in writing so you can hopefully consider
2:50:59it. Thank you.
2:51:00>> Thank you, Mr. Cruz.
2:51:03>> Um, I'd like to call Aya Curtis.
2:51:13>> Mr. Cruz, can you let her have the
2:51:15podium, please?
2:51:16>> I'm sorry.
2:51:16>> Mr. Cruz, can you let Miss Cruz speak?
2:51:19>> Yes. I'm disconnecting my computer. Or
2:51:21should I leave it plugged in? I may have
2:51:23to refer to it later. Let me plug leave
2:51:24it plugged in.
2:51:32>> Miss Curtis, can you state um your
2:51:34relation to the Morningside Park project
2:51:36and your experience?
2:51:38>> Yes, thank you. Um good morning,
2:51:41commissioners, um madame mayor, um city
2:51:44attorney, and my name is Aida Curtis. I
2:51:47am a registered landscape architect with
2:51:4940 years of experience here in Miami,
2:51:51Florida. I am a certified arborist with
2:51:5311 years of experience here. Um I have
2:51:57been working on Morningside Park for
2:51:59about uh since 1920. We started the work
2:52:03on um developing the coastal resiliency
2:52:07element along the waterfront which is
2:52:10consistent with the resilient 305
2:52:12strategy.
2:52:13>> Can you correct the date? I think you
2:52:14said 1920.
2:52:15>> 1920. Oh, I'm sorry. What?
2:52:17>> 1920.
2:52:19>> I'm sorry. 2020.
2:52:20>> You're too young. [laughter]
2:52:22I thought that you I'm operating on one
2:52:25cup of coffee.
2:52:26>> One [laughter] cup of coffee.
2:52:28>> You look fantastic.
2:52:30>> Okay.
2:52:30>> You look great.
2:52:32>> Okay. Please proceed.
2:52:34So, um, we were contracted by the city
2:52:37to develop plans and, um, respond to a
2:52:42grant that was given by the Nature
2:52:44Conservancy to restore a living
2:52:47shoreline, to create a living shoreline
2:52:49as a resilient strategy to build a seaw
2:52:53wall in accordance with the Miami city
2:52:55of Miami code and to build a baywalk in
2:52:57accordance with the city of Miami code.
2:52:59So, we have been working on those plans
2:53:01and we we're working on the
2:53:02implementation of those improvements
2:53:04along Morningside Park
2:53:08>> and uh the 16 trees that are issue at
2:53:11issue in the intended decision are the
2:53:13trees in existence at the park today?
2:53:15>> No, those trees have been already
2:53:17removed.
2:53:18>> Can you tell us what happened with the
2:53:19trees?
2:53:20>> Okay. Um we one of the concerns in the
2:53:24park is that we have um a drainage
2:53:29lagoon and there is some mangroves that
2:53:32are uh were obstructing the outfall from
2:53:36the drainage lagoon into the bay. So, we
2:53:41re um submitted a permit to trim the
2:53:45mangroves and restore that free flow so
2:53:48that the water could flow back to the
2:53:50bay. Um, so when we
2:53:54we secured the permit, we issued a
2:53:56notice to the contractor who was already
2:53:59working on the improvements over the
2:54:00park to
2:54:03trim the mangrove trees and
2:54:06clean the outfall pipe out of debris so
2:54:10that the flow of water could be restored
2:54:12to the bay. Upon cleaning that and the
2:54:16contractor had all the proper permits.
2:54:18In fact, they have had proper permits
2:54:20for all of the improvements in the park.
2:54:23When the contractor was cleaning the
2:54:25pipe, the error was that he used a
2:54:29vacuum kind of a suction um mechanism to
2:54:33bring in, you know, clean the outfall.
2:54:36And the mistake that the subcontractor
2:54:38made was that instead of taking that
2:54:41water out of the park and disposing it
2:54:44somewhere else, he disposed it inside
2:54:48the park in an area, you know, adjacent
2:54:52to where we were doing the improvements.
2:54:55That
2:54:56debris that came from the pipe is was
2:55:00brackish water, which means it had salt
2:55:03water. So when it the water went into
2:55:07those trees, we were notified of the
2:55:09mistake that the contractor made. We
2:55:11immediately went and looked we took a
2:55:14look at all the trees and we started
2:55:16doing the monitoring of it. And yes, Mr.
2:55:18Cruz is correct. We did say we were
2:55:21going to monitor the trees for a year um
2:55:24to see how they recovered.
2:55:27In the midst Should I continue?
2:55:29>> Yeah.
2:55:29>> Okay. In the midst of that year,
2:55:32we would do monthly reports and you can
2:55:36see that some of the trees were
2:55:37recovering. Um, some of the trees were
2:55:41not doing very well. And so,
2:55:46one I guess one weekend in April, I
2:55:49think was uh April, a Sunday in April,
2:55:52we got a report that the Java plum had
2:55:54gotten fire.
2:55:58when I got the notice that the Java plum
2:56:00had caught fire and I don't know if it
2:56:02was lighting. We were not told if it was
2:56:04lighting. We were not told if it was
2:56:05sparked from from um FPNL or not. But
2:56:08the my point as a professional is this
2:56:13is a tree that is planted
2:56:16underneath the wires of FPNL. It had
2:56:19already been trimmed and compromised by
2:56:21FPNL more than it needs to be to be a
2:56:25good specimen tree.
2:56:27It is in a public park,
2:56:30it catches fire
2:56:33and the branches start falling. To me,
2:56:36that is a huge liability red flag.
2:56:39That's the last thing we need in our
2:56:41public parks is for trees to be catching
2:56:43on fire. Okay. At that point, in my
2:56:47professional opinion, I made the
2:56:50determination that neither the city nor
2:56:54we could take on the liability of having
2:56:59these trees semiliving
2:57:02that could possibly endanger anybody in
2:57:05a public park.
2:57:07Even if the trees would recover,
2:57:11they were not going to recover to the
2:57:14state that they were before
2:57:17because of the way that the some
2:57:19portions of the trees had died.
2:57:21>> Okay. So, um, for the record, uh, I
2:57:24think that that it has been, um,
2:57:26submitted into the record, we have one
2:57:28black olive, one green buttonwood, eight
2:57:30coconut palms, and four monkey pods, one
2:57:33bracelet wood, and one java palm that
2:57:35that were removed during construction.
2:57:37Correct.
2:57:37>> Yes. Let me clarify the record. The the
2:57:39the black olive and the buttonwood were
2:57:44removed prior to that in a separate
2:57:46incident. And the reason for that is
2:57:49when we developed the plans, the coastal
2:57:53fringe was there was a lot of trees
2:57:56there. And we met with environmental
2:57:58services and we said, "Listen, we're
2:58:00going to give these trees a chance.
2:58:02Let's put them there. Let's keep them
2:58:05there. Let's evaluate once we start the
2:58:07construction and see how the contractor
2:58:10is proceeding with the installation of
2:58:12the seaw wall." When they install these
2:58:14seaw walls, the piles are extremely
2:58:18deep. They use these big cranes. They
2:58:20come in and the by the time that we re
2:58:24when the piling was there. We realized
2:58:27that these huge black olive half of the
2:58:30roots had been trimmed because of the
2:58:31insulation of the piles. That creates a
2:58:36liability because the tree is no longer
2:58:38stable because half of the roots has
2:58:40been cut. So we removed the black olive
2:58:43and the green buttonwood was in the same
2:58:45situation of the removal. The coconut
2:58:48palms were removed upon request of the
2:58:51parks department. The parks and
2:58:53recreation department
2:58:56is no longer wanting coconut palms in
2:59:00public parks. Again talking about the
2:59:02liability of the nuts falling on anybody
2:59:05in the park. So they are we are in the
2:59:07process of removing all of the coconut
2:59:09palms from the public parks.
2:59:10>> Okay, just ladies,
2:59:13>> let's move this along.
2:59:14>> Thanks.
2:59:15>> Understood. Um okay, so Mr. Cruz has
2:59:18profered um has has made a um a request
2:59:22to the to the city. We have a removal of
2:59:2416 trees. I believe the city staff would
2:59:26like to correct the record that the
2:59:28replacement is a minimum of 96 trees at
2:59:30a minimum of minimum diameter of 2 in.
2:59:33So, he has requested four new monkey
2:59:35pods um in the original location. Can
2:59:38you please comment on that for your
2:59:40professional opinion?
2:59:41>> I'm sorry, what was that? Okay.
2:59:42>> The replacement of four monkey pods.
2:59:45>> So,
2:59:47the city has committed to a what we call
2:59:50a resilient 305 strategy.
2:59:53Our times have changed.
2:59:56We are now facing sea level rise, storm
3:00:00surge, saltwater intrusion,
3:00:03bigger threats from our environment.
3:00:07In this commitment that the city made
3:00:09for the resilient 305 strategy is the
3:00:12restoration of the coastal ecology. It
3:00:15makes a commitment to use our parks as
3:00:18resilient part of the infrastructure of
3:00:21the city and it commits to planting
3:00:23native trees in our parks.
3:00:27That is what we are doing. We are
3:00:30restoring the ecology of the coast. We
3:00:33are planting native trees, native
3:00:36shrubbery. We're increasing the
3:00:37biodiversity. This is what we need to be
3:00:40educating our children about. So, is it
3:00:43your professional recommendation that
3:00:44the monkey pods are not a native tree
3:00:46that should be planted in this location?
3:00:48>> The monkey pod is not a Florida native
3:00:51tree.
3:00:53>> Okay. It is it may have been doing well,
3:00:56but it event it will not take the salt
3:00:59spray. It will eventually start
3:01:01deteriorating. It is not the right
3:01:03species to be planted. Now,
3:01:05>> what about the Java plum? The java plum
3:01:08is considered a category one invasive
3:01:12species. That means that this tree
3:01:17is shades native plants and disrupts the
3:01:21local ecosystem. Miami date county will
3:01:24not allow this tree to be planted in the
3:01:26parks. As a professional
3:01:29trying to restore our ecosystems, I do
3:01:32not recommend the installation of a
3:01:35category one invasive species tree.
3:01:38>> Okay. Thank you. Um just one one
3:01:42additional fact. Mr. Santa Maria, are
3:01:44you here?
3:01:51>> Mr. Santa Maria, do you have any
3:01:53information on whether um Mr. Mr. Cruz
3:01:55had the permission to pro to plant the
3:01:56monkey pods in Morningside Park.
3:01:59>> Um I do. Um I spoke to Kevin Cerwin um
3:02:03who was the park's director at the time
3:02:05and Mr. Cruz alleged that uh Kevin
3:02:08Corwin gave him permission to plant
3:02:10plant the monkey pods. And uh director
3:02:13former director uh Cerwin indicated to
3:02:15me that that that was not the case. In
3:02:17fact, he stopped Mr. crews from planting
3:02:20trees throughout the park uh because
3:02:22they were uh against the master plan
3:02:25that the city had commissioned with Kim
3:02:27Leehorn back at that time.
3:02:29>> Okay. In conclusion, on behalf of city
3:02:31staff, we request we would respectfully
3:02:33request that you deny the appeal based
3:02:35on the findings of fact have been stated
3:02:37on the record today. Um this park has
3:02:40been uh this project has been going on
3:02:42for a long time. The goal is to get it
3:02:44uh the park reopened by December 31st of
3:02:462024. And so in furtherance of that
3:02:48goal, we we respectfully request a
3:02:50denial of the appeal so that the
3:02:51replanting can commence.
3:03:03>> All right. Um Mr. Cruz.
3:03:05>> Yes, ma'am.
3:03:06>> Would you like to rebut for a few
3:03:08minutes?
3:03:08>> I certainly would.
3:03:09>> How about
3:03:11>> I'm sorry.
3:03:11>> Three. Three minutes.
3:03:13>> That's all I get.
3:03:14>> Yep.
3:03:14>> They said a lot more than three minutes.
3:03:16It's tough.
3:03:17>> No, she was within 10 minutes. I We were
3:03:19keeping track of the time and I gave you
3:03:2112. So,
3:03:22>> okay.
3:03:22>> Plus your standing time. So,
3:03:24>> so up on the screen
3:03:27um is an email from Kevin Kerwin, the
3:03:31aforementioned former parks director.
3:03:33Thank you for calling him. I will be
3:03:35also calling him and reminding him that
3:03:38he told you something that was not quite
3:03:40right. So, here's the email. Elvis,
3:03:43please proceed with planting.
3:03:47I had extensive conversations with Mr.
3:03:49Kerwin about planting for the palum and
3:03:53when I wanted to plant monkey pods, he
3:03:56came out to the park and we drove around
3:04:00the park and I pointed out the existing
3:04:03monkey pods which were there since 2006
3:04:07and Kevin Kerwin said, "They are
3:04:09gorgeous." Yes. Go ahead. So, it was
3:04:13certainly done with his permission. Um,
3:04:17what else can I uh this this total
3:04:20fabrication that there was a fire caused
3:04:23by lightning or what or even if it was
3:04:26the power line,
3:04:28the power line fell, but I checked with
3:04:30the Miami Fire Department. There's no
3:04:33record of any fire dispatch to the park
3:04:35regarding that Java Plum.
3:04:39Java plum is not a prohibited species in
3:04:43Miami Dade County. Miami Dade County is
3:04:47the authority having jurisdiction. That
3:04:49is false. It is not a prohibited
3:04:52species. It is controlled, but as I
3:04:54explained, that doesn't preclude it
3:04:56being planted. It just can't be within
3:04:59500 ft of a native plant community.
3:05:04Uh, also, am I allowed to cross-examine
3:05:06your witness? Uh, Miss Curtis
3:05:09misidentified, her firm misidentified
3:05:11the monkey pods as being mimosa. So,
3:05:15this very experienced landscape
3:05:17architect and consultant couldn't even
3:05:19identify a tree species.
3:05:23There's other things I could mention.
3:05:24Uh, the the park project that she is
3:05:28supervising has been delayed six months.
3:05:30Commissioner Partardo, you're familiar
3:05:32with the park. You walk your dog there
3:05:34every day. You're very familiar that it
3:05:35was supposed to have reopened back on
3:05:37June 1, but it's been a disaster.
3:05:40Because of that project, we now have the
3:05:42worst flooding we've ever had in
3:05:44Morningside Park ever. And as you told
3:05:47us at our last Morningside Zoom meeting,
3:05:49or the one before, the city's going to
3:05:51hire another engineer to try to fix the
3:05:54problems that have been happening in the
3:05:57park. So, I've given you my offer.
3:06:00You'll save money. it'll be in the best
3:06:03interest of the park. The idea that
3:06:05trees that have been in the park for 73
3:06:07years are now suddenly persona nonrada
3:06:11or trees that have been in the park for
3:06:13at least 20 years and have performed
3:06:15remarkably well are suddenly persona
3:06:18nonrada. That doesn't make any sense.
3:06:21And you're not required to plant native
3:06:23trees. Your own code says it can be
3:06:26native or non-invasive. These are
3:06:28non-invasive trees by the county's own
3:06:32and the city's own code.
3:06:34>> Thank you, Mr. Cruz. Okay, colleagues,
3:06:36Commissioner Partardo,
3:06:37>> I certainly want to comment.
3:06:39>> I would have
3:06:40>> first of all, what's happening with the
3:06:41Morningside Shoreline projects is
3:06:43absolutely not a disaster. It's kind of
3:06:45shameful to describe it that way. I want
3:06:48to say we've been very, very considerate
3:06:51and as you appropriately stated, I walk
3:06:53my dog there every morning. I love
3:06:55Morningside Park and we have been
3:06:58incredibly considerate as to input from
3:07:01the entire community. Part of that was
3:07:04one of the issues you came with, you
3:07:06came with several other neighbors. We
3:07:08looked at the paving, the the boardwalk,
3:07:10the materials being used for the
3:07:12boardwalk. You didn't like it. Few other
3:07:14neighbors didn't like it either. We had
3:07:16to go and find different material for
3:07:18that boardwalk. That takes time. the
3:07:21drainage in the park wasn't working the
3:07:23way we expected. We don't want to open a
3:07:26park with flaws. We don't want to
3:07:29deliver a park to our residents and the
3:07:31public with flaws. That makes absolutely
3:07:34no sense. So delaying it a few months
3:07:36and it will open before the first of the
3:07:38year was exactly what we should have
3:07:40done. We got the right material, we got
3:07:43the right drainage system, we're working
3:07:44on it. That is going to be a longer term
3:07:46project. It's not, you know, that's not
3:07:48something you do in a few months. And
3:07:50the park is going to be spectacular,
3:07:52beautiful, state-of-the-art resiliency
3:07:55project in the city of Miami. I think
3:07:57the first of its kind. So, we should be
3:07:59very proud of the efforts as a city that
3:08:02we're delivering in Morningside Park.
3:08:04This dispute, the way I see it, is these
3:08:09trees are gone. Our experts, our
3:08:11consultants in this area, Curtis and
3:08:14Rogers, are recommending trees that will
3:08:16be appropriate for the future, for the
3:08:18next 50 years.
3:08:20It is important that I tell you thank
3:08:23you for everything you have done in that
3:08:26park and all of your volunteer hours and
3:08:29everything you have put forward. It is
3:08:31absolutely commendable. You also
3:08:34reference the item we had about
3:08:36philanthropy and I know sometimes it's
3:08:38difficult in philanthropy when you give
3:08:40a gift or you do something to let that
3:08:43go. But in this case, the people that
3:08:47are hired, that are experts in the job,
3:08:49the people that we have recourse to, the
3:08:52people who are giving us guarantees for
3:08:54years on those trees and their
3:08:56maintenance are the ones we have to
3:08:58proceed with. And they are the ones
3:09:01giving us their expert opinion. That's
3:09:03why I in my my opinion, I would deny
3:09:06this appeal because we have the experts
3:09:08weighing in. They're very clear. Your
3:09:11passion is obvious. You should be
3:09:12commended for everything you've done.
3:09:14But we can't control a gift 50 years
3:09:17after they've been made or 20 years
3:09:19after they've been made. It's it's in
3:09:21the spirit of giving that sometimes we
3:09:23just have to let go of that gift and
3:09:25understand times change, people change,
3:09:27the circumstances are different. We
3:09:29didn't have sea level rise. We didn't
3:09:31have climate resiliency. A lot of the
3:09:33things we face today. I think the more
3:09:35we align that means you and me and the
3:09:38neighbors and the city the better our
3:09:40projects will be and the better everyone
3:09:42will move forward. This appeal has cost
3:09:45time on the Morningside project the very
3:09:48thing you're complaining about and we've
3:09:50had to hire attorneys to represent the
3:09:52city of at the city of Miami in this
3:09:55case and with other appeals. So, is this
3:09:58an efficient way of us all moving
3:10:00forward together or just another
3:10:02obstructive tactic in the long run? I
3:10:05really think we should consider that
3:10:08just as a community. So, I personally
3:10:11would be against uh I would recommend
3:10:14the uh against the repeal
3:10:17>> motion denied.
3:10:19>> So,
3:10:19>> may I respond?
3:10:20>> I'm sorry.
3:10:21>> Just one moment. So do we need to
3:10:23include uh an understanding of standing
3:10:26in that motion to deny?
3:10:27>> Um yes. So since we discussed the
3:10:30standing issue um that can be a part of
3:10:34the motion and even even if you um deny
3:10:38standing, you can also make a finding on
3:10:41the merits of the case based on the
3:10:43testimony given today and the fact that
3:10:46um the permit complies with chapter 17.
3:10:50I mean, I'm I'm not an attorney, so on
3:10:52the standing question, I would look to
3:10:54the city attorney. Would
3:10:55>> would you make a recommended motion on
3:10:57how we would do that, please?
3:11:00>> Yeah. So, um, we heard from Mr. Cruz. It
3:11:03seems as though his special injury was
3:11:05that he donated these specific trees. um
3:11:09the the the attorney representing the
3:11:12city um I I believe she indicated that
3:11:16it was a donation um and that the the
3:11:19financial interest isn't there any
3:11:21longer. Um
3:11:26in this case I would probably recommend
3:11:30ingring on the side of caution. Um since
3:11:32it appears anyway that his motion uh
3:11:35that his appeal um is going to be denied
3:11:38on the merits. um we might want to just
3:11:41allow allow the standing, acknowledge
3:11:43the standing. Um and then if the board
3:11:46wants to deny it on the on the merits
3:11:49rather than standing, that's probably
3:11:51how I would recommend to
3:11:53>> So the motion would be to grant standing
3:11:55and deny the appeal on its merits.
3:11:57>> Is there a second?
3:12:00>> Colleagues, any more discuss?
3:12:01>> Do I get to respond to what Commissioner
3:12:03Parto said?
3:12:04>> Uh no sir, I don't believe so.
3:12:08Madam Attorney, is there a need for a
3:12:11response?
3:12:12>> No. Only if the commissioner has a
3:12:14question for for the appellant.
3:12:18>> Okay. Commissioner, no question.
3:12:20>> No question.
3:12:20>> Okay. There's a motion on the table and
3:12:23there's a second. All in favor say I.
3:12:26>> I.
3:12:26>> I.
3:12:27>> Any opposed?
3:12:28>> Show that passed unanimously.
3:12:30>> Thank you for your time. Appreciate it.
3:12:33and thank you for demonstrating how the
3:12:35city of Miami takes good care of people
3:12:37who donate their time and money to the
3:12:39city.
3:12:40>> Thank you, Mr. Cruz. All right, I think
3:12:42we have one last item before we move on
3:12:45to our Virginia Key Beach trust. Um, and
3:12:49that's PZ4. Uh, I know Commissioner, you
3:12:52made some very good uh modifications to
3:12:54this item, so thank you for that.
3:12:56>> Thank you. If staff could come forward,
3:12:58I just have one question.
3:13:05Hi,
3:13:08Director Snow. Could you walk me through
3:13:12the where the funds would be placed? We
3:13:16talked about this in my agenda briefing.
3:13:20>> Yes. Uh good uh morning uh commissioners
3:13:24and madame mayor. Um, so the the the
3:13:29recent amendment to the PZ4 legislation
3:13:33will allow for the uh reduced parking uh
3:13:39for a payment to be made into the uh
3:13:42established uh transit trust fund which
3:13:44is in chapter 62.
3:13:46>> Okay. But various districts have parking
3:13:50trust funds. Correct. So there there are
3:13:54uh independent trust funds that do exist
3:13:56in specific neighborhoods. Design
3:13:58District, Winwood, Winwood, Norte, The
3:14:01Grove, uh recently established uh Little
3:14:04Havana, uh those are uh independent uh
3:14:08parking districts. So what I would like
3:14:11to propose is an amendment to this that
3:14:15monies generated that have parking trust
3:14:18funds for example the design district
3:14:22um when
3:14:25>> what else did you say?
3:14:26>> Winwood Norte the Groves and Little
3:14:28Havana
3:14:29>> and Little Havana. I would like the
3:14:32monies generated in those districts to
3:14:35go to those parking trust funds instead
3:14:38of one collective pot.
3:14:44I've got two nods over here. Um then
3:14:48because then we're going to have the
3:14:49alipata coming up soon and then that
3:14:52money could go to that. So, I would like
3:14:53to make a friendly amendment to allow
3:14:56for when the funds are generated to go
3:14:58into the neighborhood trust parking
3:15:01trust fund. And that's my only comment.
3:15:03And if I might have a motion for that.
3:15:05>> Yeah, I think we can move.
3:15:07>> Yeah.
3:15:07>> Second.
3:15:08>> We can move that as amended.
3:15:09>> Okay.
3:15:09>> All right. Um any other any further? Uh
3:15:12I see our clerk. Yes, sir.
3:15:13>> And I [snorts] apologize, Sheriff, for
3:15:15the interruption. Um, so in addition to
3:15:17Commissioner King's amendment, uh,
3:15:19there's also another amendment, um,
3:15:20pursuant to a substitution memo dated
3:15:22October 20th, 2026. Thank you, chair.
3:15:25>> All right. Um, moved as amended and
3:15:27amended. Uh, all in favor say I.
3:15:30>> I.
3:15:30>> Any opposed?
3:15:32>> Show that item passed.
3:15:34>> Um,
3:15:36have I missed anything else, Mr. Clerk?
3:15:38Mr. Attorney, you have a couple of
3:15:39things to read into the record, I
3:15:41believe.
3:15:41>> Yes. I just have two shade notice uh
3:15:43requests. Um,
3:15:47>> all right.
3:15:49Madame Chairwoman and members of the
3:15:50commission, pursuant to the provisions
3:15:51of section 286.011,
3:15:53parentheses 8, Florida statutes, I'm
3:15:55requesting that at the city commission
3:15:56meeting of November 19th, 2026, an
3:15:58attorney client session close to the
3:16:00public be held for the purposes of
3:16:01discussing the pending litigation on the
3:16:03matters of William O. Fuller Martin
3:16:05Pineia II, the Barlington Group LLC,
3:16:07Coyo Marketplace LLC, Yo Amo Cayet,
3:16:11Cayete LLC, Little Havana Arts Building
3:16:14LLC, Little Havana Arts Building 2 LLC,
3:16:17Tower Hotel LLC, Bickl Station LLC,
3:16:20Pedro Villis LLC, Futurama LLC, El
3:16:23Shopping LLC, Beatstick LLC, Vienna's
3:16:26Culturalis Cultural Fridays, Inc.,
3:16:28Little Havana Bungalows LLC, and LHAB
3:16:31Trust LLC versus City of Miami at all.
3:16:33Case number 23 CV24251-dr
3:16:38pending in the United States District
3:16:39Court Southern District of Florida and
3:16:42QBE specialty insurance company versus
3:16:44city of Miami Joe Arthur Noriega
3:16:47Victoria Mendes Rachel Douly Ace Asel
3:16:50Morero Daniel S Goldberg Wayne Ortiz
3:16:53Lewis Torres Adrien Placencia Renee Diaz
3:16:56Ivon Piona Altos Mexicos LLC DBA Takaras
3:17:00El Mexico meo beatstick LLC
3:17:03Bickl Station LLC, Coyo Marketplace LLC,
3:17:06El Shopping LLC, William of Fuller,
3:17:08Futurama LLC, Lagran Fiesta LLC, Elhab
3:17:11Tress LLC, Little Havana Arts Building
3:17:13LLC, Little Havana Arts Building 2 LLC,
3:17:16Little Hav Little Little Havana
3:17:17Bungalow's LLC, Pedro Villis LLC, El
3:17:20Shopping LLC, Martin Pineia II, the
3:17:23Barlington Group LLC, the Mad Room LLC,
3:17:25Doing Business as Ball and Chain, Tower
3:17:27Hotel LLC, Vieres Culturalis, Cultural
3:17:30Fridays Inc., in Yo Amo Caese LLC and
3:17:33Denise Galves Toros case number 1
3:17:36124-CV21854-EA
3:17:39pending in the United States District
3:17:41Court Southern District of Florida to
3:17:42which the city is presently a party. The
3:17:44subject of the meeting will be confined
3:17:45to settlement negotiations or strategy
3:17:47sessions related to litigation
3:17:48expenditures. This private meeting will
3:17:50begin at approximately 10:00 a.m. or as
3:17:52soon thereafter as the commissioner
3:17:53schedules permit and conclude
3:17:55approximately 1 hour later. The session
3:17:56will in be attended by the members of
3:17:58the city commission which include
3:18:00commissioners Miguel Anel Gabella, Damen
3:18:02Part, Rolando Escalona, Ralph Raphael
3:18:05Rosado and Christine King, city manager
3:18:07James Reyes, city attorney George K.
3:18:09Wson the third, deputy city attorney
3:18:10Kevin Rar Jones, assistant city attorney
3:18:13supervisor Eric Eves and outside
3:18:14counselor Raquel A. Rodriguez, Angel
3:18:16Cineas, Jonathan Cascll, Steven A.
3:18:19Marino Jr. Esquire, and Christine
3:18:21Guadidas Esquire. A certified court
3:18:24reporter will be present to ensure that
3:18:25this session is fully transcribed and
3:18:26the transcript will be made upon the
3:18:28conclusion of the litigation. At the
3:18:30conclusion of the attorney client
3:18:31session, the regular commission meeting
3:18:33will be reopened and the person chairing
3:18:34the commission meeting will announce the
3:18:36termination of the attorney client
3:18:37session. That's the first one. The
3:18:39second one is madam chairwoman and
3:18:42members of the city commission pursuant
3:18:43to the provision of section 286.011 011
3:18:46parenthesis 8 floor statutes. I'm
3:18:48requesting that at the city commission
3:18:50meeting of November 19, 2026, an
3:18:52attorney client session closed to the
3:18:53public be held for purposes of
3:18:55discussing the pending litigation the
3:18:56matter of city Miami versus Miami date
3:18:58county case number 2023-028335
3:19:02CAO2 pending in in the 11th judicial
3:19:05circuit court of Miami date county to
3:19:06which the city is presently a party. The
3:19:08subject of the meeting will be confined
3:19:10to settlement negotiations or strategy
3:19:12sessions related to litigation
3:19:13expenditures there. This private meeting
3:19:15will begin at approximately 10 a.m. or
3:19:16soon thereafter as the commissioner
3:19:18schedules permit and conclude
3:19:19approximately 1 hour later. The session
3:19:21will be attended by the members of the
3:19:22city commission which include
3:19:23commissioner Miguel Anal Gabella,
3:19:25Commissioner Damen Partardo,
3:19:26Commissioner Rolando Escalona,
3:19:28Commissioner Ralph Rafael Rosado and
3:19:30Commissioner Christine King, city
3:19:31manager James Reyes, city attorney
3:19:33George K. Weissong the third, deputy
3:19:35city attorney Kevin Rar Jones, deputy
3:19:36city attorney Javi Javier E. Alaban,
3:19:40litigation appeals division chief Eric
3:19:42J. Eaves land use division chief Amber
3:19:44L. Keder and assistant city attorney
3:19:46Margarite Snyder. A certified court
3:19:48reporter will be present to ensure that
3:19:50the session is fully transcribed and
3:19:52this transcript will be made public upon
3:19:53the conclusion of the litigation. At the
3:19:55conclusion of the attorney client
3:19:56session, the regular commission meeting
3:19:57will be reopened and the person chairing
3:19:59the commission meeting will announce the
3:20:00termination of the client attorney
3:20:02client session. Thank you, Madam Chair.
3:20:05>> All right. Thank you,
3:20:06>> Madam Chair. Before we leave, I would
3:20:08like to give a directive to the
3:20:09administration to have procurement do an
3:20:12IFQ within the pool members of the
3:20:15landscaping services pool to provide
3:20:18retrieving services to public works. We
3:20:21have a lot of requests and we know
3:20:23public works is doing a great job in my
3:20:25opinion, but they are a little behind.
3:20:27So, if you can do that, please. Thank
3:20:29you.
3:20:30>> Um, so Mr. attorney. Uh we have one
3:20:34pocket item that theoretically we can't
3:20:37approve until after the Virginia Key
3:20:39Beach um park trust meeting. Is there a
3:20:41possibility we can approve it contingent
3:20:44of a positive decision?
3:20:46>> Yes.
3:20:47>> And then if it's not a positive
3:20:48decision, we would bring it back at the
3:20:50next commission meeting, right?
3:20:51>> And that would mean we could conclude
3:20:53this meeting.
3:20:54>> Um is that would that be an option?
3:20:57>> That that would certainly be an option.
3:20:58So the the idea is on the p pocket item
3:21:01um um we could just say um subject to
3:21:06the approval of the Virginia Key Park
3:21:08Trust and then that way we would
3:21:09obviousate the need of coming back.
3:21:11>> Okay. Motion.
3:21:12>> All right. Motion is amended. Second.
3:21:14All in favor say I.
3:21:16>> I.
3:21:16>> Any opposed?
3:21:17>> Show that passed unanimously. Um Mr.
3:21:21Clerk, have we missed anything?
3:21:24>> No. That uh concludes the business.
3:21:27>> There you go. at 11:59. Good job
3:21:29everyone. Thank you very much.
3:21:31Appreciate it. Mr. Attorney, anything?
3:21:33We're good. All right. Show the meeting
3:21:35adjourned.
3:21:35>> Chair, I just need 60 seconds to flip
3:21:37the tape.
3:22:36Ready.
3:22:49Welcome to the Virginia Key Beach Park
3:22:51Trust meeting for October 22nd,
3:22:552026.
3:22:59At this time,
3:23:02the city attorney, would you please read
3:23:05the items
3:23:08for the record?
3:23:13Yes. You have two items. You have uh
3:23:16approval of the minutes for for Virginia
3:23:18Key Beach Park Trust regular meeting
3:23:20October 8, 2026. And you have one
3:23:23resolution which I'll read into the
3:23:25record. A resolution of the Virginia Key
3:23:27Beach Park Trust appointing Nancy Neas
3:23:30as acting executive director of the
3:23:33trust subject to city commission
3:23:34approval fixing her compensation as
3:23:36acting executive director at her current
3:23:38salary of 97,3
3:23:43and0 cents
3:23:45um as finance coordinator pro providing
3:23:49that any increase in compensation shall
3:23:51be subject to trust approval following a
3:23:53performance evaluation conducted ed in
3:23:56accordance with procedures the trust may
3:23:57hereafter establish. Providing for the
3:24:00termination of of the acting appointment
3:24:03upon the appointment of a permanent
3:24:05executive director or her earlier
3:24:07removal by the trust. Providing for her
3:24:10return to the position of finance
3:24:12coordinator upon the appointment upon
3:24:14the appointment of a permanent executive
3:24:16director provided she has not been
3:24:18previously removed by the trust and
3:24:20providing for an effective date.
3:24:22>> Thank you. At this time, is there anyone
3:24:24that would like to speak public comment
3:24:28on these items, this item?
3:24:31Seeing none, public comment period is
3:24:33closed. May I have a motion to approve
3:24:36the regular meeting minutes for October
3:24:408th, 2026 and for resolution one?
3:24:45>> Sorry, but I think you need at least one
3:24:47more person to sit on this.
3:24:48>> Okay. Can you grab Commissioner Partle
3:24:51or Commissioner Escalona.
3:24:54Okay. Either one of them.
3:24:58There we go. Thank you.
3:25:04>> So, we have a motion and a second to
3:25:06approve the minutes for October 8th,
3:25:082026 and for resolution one. All in
3:25:12favor?
3:25:13>> I.
3:25:13>> I. Motion carries unanimously. Thank you
3:25:16all.
3:25:22Yes, that was for the minutes and the
3:25:25resolution. And that shall conclude the
3:25:27Virginia Key Beach Park Trust meeting
3:25:29for October 22nd, 2026.
3:25:32>> Excellent.
3:26:09>> [music]
```*
