City Commission Recap (3/29/2022)

Ariel Fernandez

Founder & Editor
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Below is a copy of the Commission Digest for this Commission meeting with the brief explanations of discussion taken and/or final votes cast by the Commission on March 29th.

Discussion/explanation can be found in blue. If opening on a smartphone, turn your phone horizontally to avoid having to scroll right to see how all members of the Commission voted on each item.

Non-credited quotes in this article are excerpts from the memos presented to the Commission explaining the items.

Watch Meeting

To watch the meeting live on Zoom click here. The meeting will also be available live on the City’s YouTube Channel. You can watch it by clicking here.

Mayor’s Comments

Pocket Item: Aragon Landscaping

The Mayor spoke about the state of the “new” landscaping on Aragon by the new crosswalk near Books and Books. He thinks it needs better maintenance. It is a project that was completed less than a year ago and has not been properly maintained. He is also concerned with the trash found as well. Public Works Director Hermes Diaz explained that the City is responsible for the landscaping, but the cleanliness is the responsibility of the adjacent property owners. The Mayor asked that cleanup and code enforcement be prioritized in the budget. He also wants to ensure development agreements are being held up and people are held accountable when they should be maintaining and keeping the City clean. Commissioner Jorge L. Fors, Jr. proposed adding large trash producing events to the City’s GIS so that cleaning those areas can be prioritized following events.

D-1: Discussion regarding the house on the corner of Bird Road and 57th Avenue.

The property is full of trash, the fence is damaged and has been cited. The property is currently rented out. They were given 30 days to address the issues by the Code Enforcement Board and they say the owners have said they are addressing it.

D-2: Discussion regarding parking medallions.

Parking medallions have historically been issued to members of staff and members of the Commission, in order to offer them free parking. Former staff members and former members of the Commission have also been provided medallions. The question that has been raised is whether the list is updated and the number of medallions issued to some on the list.

The Mayor believes that we should limit the number of medallions. Limit them to two per person and proof of life should be checked to limit the list. It is a privilege for serving the City. He would like for a form to be sent to holders every two years to verify information and uploaded to the database. There are currently 84 people on the list. Some have, in the words of the Parking Director Kevin Kenney, “have more than their fair share.” They will bring this back to the Commission at the next meeting.

D-3: Discussion regarding 827 Ortega Avenue.

This property was the house that burned in 2019, which was written about on Gables Insider. Click here to read story.

The owner has agreed to an order and is working on his plans. The Assistant City Attorney, Cristina Suarez, explained that the next deadline is April 15th . The Mayor stated that by the April 28th City Commission meeting, he wants an update. “No one should live next to a home in this state.” His concerns with the plans proposed were that they do not fit into Coral Gables code and the belief is that this is not serious interest in addressing it. He asked his colleagues to be ready to pursue legal options if this is not completed by then. He asked for the Clerk to provide a detailed timeline of what has taken place. “I think we are being too generous with this individual.”

Pocket Item: Sex Trafficking

These were the Mayor’s comments: “Today our State Attorney, Katherine Fernandez Rundle, is holding a press conference to bring attention to an insidious crime that takes place in our community and around the globe – sex trafficking.  As part of her announcement, she is promoting the local hotline that is available to report sex trafficking or to obtain resources for victims of trafficking. The hotline is 305-FIX-STOP. As part of this campaign, they have created partnerships with private industry, and will be training personnel in the five industries that will most likely encounter victims: hotels, restaurants, airport, seaport, and law enforcement. This training is geared so that people can identify and learn the signs of when people are being trafficked so it can be reported. As part of this effort the State Attorney, has partnered with local, state, and federal agencies and other municipalities in Miami-Dade County like Coral Gables who are supporting and participating in this effort. While our City Attorney Miriam Soler Ramos and I couldn’t be there in person to show our city’s support, we are well represented by our Deputy City Attorney Cristina Suarez. That is why in 2016 I introduced, and this commission passed an ordinance prohibiting hourly rentals in Coral Gables. The public policy reasons are compelling since it is well established that hotel/motels that allow for the hourly rental of rooms, are frequented by individuals engaged in prostitution and/or human sex trafficking and other illegal activity. I am proud to have led the way. This is something I feel passionate about. Just imagine, the U.S. State Department estimates that between 600,000 and 800,000 individuals are trafficked across our nation’s borders every year with Florida receiving a high percentage of those victims. Victims of human sex trafficking are often exposed to serious health risks, including sexually transmitted diseases, drug and alcohol addiction, PTSD, psychological trauma and much more. It is abhorrent that people take advantage of others and basically use them as sex slaves. I feel so strongly about this that I have spoken and advocated for other municipalities to join Coral Gables by banning hourly rentals. It is a known fact that when big events such as NASCAR and Ultra come into town come into town so do those that commit the heinous crime of trafficking people. So, as this campaign launches, we in Coral Gables will also be launching our own awareness campaign. We will not only use our social media platforms, but we will have advertising in our kiosks and are placing flyers in our trolleys to bring awareness to this societal menace. And Mr. Manager, I want to ensure that our team – police officers, code enforcement and other city employees be trained on the signs of human trafficking. We all need to remember, if we see something, we must say something.”

Pocket Item: Tech Month

These were the Mayor’s comments: “April is Tech Month is Greater Miami. There are numerous events taking place headlined by the annual eMerge Americas conference. I am glad that this important community event its back after a two-year hiatus. During eMerge I will be participating in their U.S. Conference of Mayors summit focused on cryptocurrency adoption. As a city we are a leader in technological advances. I’m happy to say that on a national scale, our efforts have not gone unnoticed–last fall, I had the privilege of sharing the platform at the national Cybersecurity Conference with San Jose, California, a city known globally for its technological prowess. Who would have thought back in the 80’s that our city would share the stage with the capital of Silicon Valley at a technology conference? And recognition of our leadership continues. I am proud to have been asked to present during the Bitcoin and Blockchain Summit. While I know that our Innovation and Technology Department is always looking for technological advances; it is important that we as leaders seek to learn what is on the horizon that will make our city more efficient, transparent, accountable, and effective while allowing us to focus on the customer experience. Coral Gables must remain at the forefront of technological advances.”

Pocket Item: Pressure Cleaning

The Mayor suggested the possibility of hiring a pressure cleaning company and passing the bill along to the companies. He asked the Manager to consider this option. The Manager will look into it.

Pocket Item: Mobility Hub

The Mayor informed the Manager he had his support to explore the next best proposer for construction if they are not willing to budge on pricing. The Commission would support the Manager moving to the runner-up who came in close with the winning bid. The Manager said they could go out to bid also if need be.

Pocket Item: Town Hall Meeting

The Mayor will be holding a town hall meeting on April 6th at the Adult Activities Center at 5:30PM.

Consent Agenda

E-1: A Resolution of the City Commission approving the annual review required by the City of Coral Gables and University of Miami Development Agreement and Section 163.3235 of the Florida Statutes, for the period from September 28, 2020, to September 27, 2021.

“The City of Coral Gables and University of Miami Agreement, dated September 28, 2010, requires the University to submit an Annual Report to the City. The Agreement provides that the City Manager or his designee shall review the Annual Report and prepare an Annual Review to be reviewed and approved by the City Commission.”

E-2: A Resolution of the City Commission authorizing the approval of a first amendment to lease between the City of Coral Gables and 338 Minorca Law Center, LLC for the property located at 338 Minorca Avenue, First Floor, Coral Gables, FL 33134 for an additional one (1) year period (05/01/22-04/30/23) for the City’s Parking Department administrative office location.

“After the sale of the 2801 Salzedo Public Safety Building on March 23, 2021, the City’s Parking Department administrative staff was temporarily relocated to the City Hall Annex Building temporarily with the long-term plan to permanently locate the Parking Department’s offices within City Municipal (the “Minorca Garage”), located at 254 Minorca Avenue, Coral Gables, FL 33134. The Minorca Garage is under construction and expected to be completed in early 2023. In March-April of 2021, the City Hall Annex space was needed to relocate Development Services personnel due to the commencement of the construction/renovation project at the City’s 427 Biltmore Way, Coral Gables, FL 33134 building (the “427 building”). Therefore, on May 1, 2021, the City of Coral Gables (the “Tenant”) entered into a lease agreement (the “Agreement”) with 338 Minorca Law Center, LLC (the “Landlord”) for the first floor of 338 Minorca Avenue, Coral Gables, FL 33134 (the “Premises”) to temporarily relocate the Parking Department offices. The Premises are ½ block from the PFHQ and the Minorca Garage site and across the street from the City’s Municipal Parking Lot #18 where the Department’s patrons/visitors have been able to park. Ample street parking also continues to be available right in front of the Premises. The lease term was for a period of one (1) year (May 1, 2021-April 30, 2022) with the option of two (2) three-month extension periods. However, because the Agreement is currently set to expire on April 30, 2022, and while it provides for two (2) three-month-extensions, the Tenant has requested, and the Landlord has agreed, to enter into a first amendment to lease to extend the term for one (1) additional year. The first amendment
to lease also allows for the early termination after January 1, 2023, by providing sixty (60) days written notice. The execution of this first amendment to lease will also allow for the time necessary for the City’s completion of the Minorca Garage construction, at the end of which, the Parking Department will move to its permanent location at the garage. The negotiated lease terms are as follows: Landlord Improvements: The space will continue to be leased in a tenantable condition, which includes existing furnishings and built-in office workstations and storage. Use: Office for City’s Parking Department Administrative staff.
Term: One (1) year (May 1, 2022-April 30, 2023), but also allows for early termination after January 1, 2023, by the Tenant providing sixty (60) days written notice. Rent: The rent will increase by 3% in Year 2.

Period Annual Base Rent Monthly Installments
Lease Year 1: 05/01/21-04/30/22 $26,400.00 $2,200.00
Lease Year 2: 05/01/22-4/30/23 $27,192.00 $2,266.00

Costs: The monthly rent includes all maintenance expenses, janitorial services, and utility charges. City costs include IT/telephone/internet services. Security: No security deposit shall be required of the Tenant under this Lease.”

E-3: A Resolution of the City Commission approving the “El Carnaval De Barranquilla USA” event as one of five events of the International Cultural Events Initiative.

“The International Cultural Events Initiative is a program focused on bringing five high-quality, international, and culturally enriching events to Coral Gables in 2022 with the purpose of learning and experiencing the culture and ethnicity of other countries for the benefit of residents, businesses, and visitors. “El Carnaval de Barranquilla” is one of Colombia’s most important folkloric celebrations, and one of the biggest carnivals in the world. The carnival has traditions that date back to the 19th century. Four days before Holy Week, Barranquilla receives national and foreign tourists and joins together four days of intense festivities. During the carnival, Barranquilla’s normal activities are put aside as the city gets busy with street dances, musical and masquerade parades. The “El Carnaval De Barranquilla USA” parade hosted by the Consulate General of Colombia, is expected to take place on Saturday, April 30th, 2022, from 12:00 p.m. until 6:00 p.m. beginning at Aragon Avenue and finishing at the Fred B. Hartnett/Ponce Circle Park. This request has been reviewed by the City’s Special Events Committee and qualifies for this International Cultural Events Initiative program based on the established criteria. The City of Coral Gables will provide in-kind contributions, as specified in the criteria attached, not to exceed the amount of $20,000. City expenses incurred over this amount will be the responsibility of the event sponsor.”

E-4: A Resolution of the City Commission authorizing the purchase of a holiday tree pursuant to section 2-501(d) of the City’s Procurement Code.

“The Community and Recreation Department (Parks) has identified the need to replace the City’s Holiday Tree that has been in use since 2004. The current commercial Christmas tree has come to the end of its useful life. The department conducted a detailed research process to identify the most feasible replacement options available that would include the latest technology and lighting options. The resolution allows staff to make the recommended purchase to replace the holiday tree. The purchase amount of the new holiday tree and accessories shall not exceed the available budgeted amount of $175,000.”

This is the vote to approve the Consent Agenda, items E-1 to E-4.

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
SecondedMotioned

Presentation of Boards and/or Committees draft/final minutes requesting action from the City Commission [Note: A vote to accept the minutes does not mean approval of the substance within the minutes]:

2-1: A Resolution of the Parks and Recreation Advisory Board requesting that the City Commission pursue a separate referendum for the War Memorial Youth Center Master Plan. Agenda Items 2-1, G-1 and I-1 are related (Time Certain 11:00am).

“At the March 10th, 2022 Parks and Recreation Advisory Board meeting, the Board adopted a resolution requesting the City Commission pursue a separate referendum for the War Memorial Youth Center Master Plan. This request was created after the presentation of the Master Plan Referendum submitted to Commission was shared with the Board. This presentation showcased the top twenty recommended project priorities that were selected based on public facilities, parks and open spaces nearing their end of life, safety, public need, and public desire. The Board had discussions on the options of the project-based priority funding and came to pass a resolution recommending the splitting the Youth Center Master Plan from this referendum and to move forward with pursuing the Youth Center as its own referendum.”

The proposal would be for a $60,000,000 bond. This would mean implications of $58 to $693 in increased taxes to properties between an assessed value of $250,000 to $3,000,000. The plan would be for the Youth Center and Phillips Park.

Commissioner Kirk R. Menendez made an emotional appeal for the referendum, going through the histories of both the Youth Center and Phillips Park. He explained he believes the community should decide what they want done.

Samuel Lawson, a neighbor of the Youth Center, spoke on his behalf and that of 21 homeowners and the pastors at Christ Journey Church, against the proposed referendum. He explained that there should have been a full line item of what the costs were for the referendum. He said there are many other priorities we should focus on first, such as sidewalks, undergrounding of power lines and traffic calming.

Maria Cruz brought up the issue of ensuring the funds were used for the purpose the bond is taken out for. Finance Director Diana Gomez stated it would or be used to pay down the debt.

Commissioner Fors, Mayor Lago and Commissioner Anderson all voiced their concerns over the timing of this proposal with rising costs and the potential tax implications on residents. They all stated they would not be in favor of moving forward with this at this time.

Vice Mayor Mena decided to use his time to question the comments made by Mr. Lawson and then to question Commissioner Anderson’s comments. Only to say he was also against it in the end. He said he might be amenable to it a few months down the road.

2-2: A Resolution of the Sustainability Advisory Board requesting the City Commission consider changing the enabling legislation of the board to add a seat for a Youth Appointment.

“The Coral Gables Sustainability Advisory Board (SAB) has discussed at several board meetings the importance of including a youth member from the Coral Gables Community on the board. At the February 23rd board meeting the SAB made a motion requesting the City Commission consider changing the enabling legislation of the board to add a seat for a youth appointment. The board recommends the youth appointment have the following requirements: Be a freshman, sophomore or junior in a high school in Coral Gables who studies or is a resident in Coral Gables; Have a letter of recommendation from a teacher or mentor preferably one with sustainability experience will be required for board member consideration; and Be a current member of a school or community organization dealing with some aspects of sustainability is preferred.”

The Commission will bring this item back up at the next Commission meeting with a formal proposal that explains who the appointing authority for the position will be.

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
SecondedMotioned

2-3: A Resolution of the Parking Advisory Board recommending to the City Commission that a significant portion of the ground floor retail space in the new Mobility Hub be dedicated to Micro-Mobility and Attendant Services.

2-4: A Resolution of the Parking Advisory Board requesting the City Commission to amend Resolution No. 26214, specifying the purposes of the Parking Advisory Board includes review of Development Projects that seek relief from Zoning Code Parking requirements to provide advice to the City Manager, Parking Director, City Staff and City Commission.

The board’s request is that if there are reductions in parking that they be reviewed by the board.

2-5: A Resolution of the Transportation Advisory Board requesting that the City Commission adopt the Transportation Advisory Board’s suggestions regarding the City’s planned Mobility Hub. Time Certain 10:30am (Agenda Item 2-5).

“At the February 22, 2022 Transportation Advisory Board (TAB) meeting, the TAB discussed the City’s
Mobility Hub and adopted a resolution which addressed the below suggestions regarding the mobility
hub. TAB believes that the current configuration, which allows for only minimal sub-standard and inadequate parking for bicycles on the open ground floor level, and parking of scooters with charging on the second floor is not a well thought-out plan for micro-mobility; TAB recommends safe, secure parking for bicycles on the ground level with charging stations for pedal-assist bikes, and scooter parking and charging stations on the ground level; TAB suggests that the entire ground floor be dedicated to micro-mobility options and accommodations versus retail space in order to accommodate the foreseen increase in bicycle and scooter usage at the mobility hub; and TAB also recommends design and implementation of a true protected bike lane on the south side of Andalusia be considered.”

City Manager, Peter Iglesias, explained that the ground floor would be adaptable to allow for changes as needed with mobility needs changing. The Commission expressed its concerns about the financial aspect, but added that they were open to working to advance mobility issues. As for the bike lane, the question of cost and location are still in question.

Commission voted to accept the minutes not to accept the resolution.

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
MotionedSeconded

Ordinances On Second Reading

F-1: An Ordinance of the City Commission approving a Site Plan Amendment pursuant to Zoning Code Article 14, “Process” Section 14-203, “Conditional Uses,” for a previously approved Country Club by Ordinance No. 2016-34, located within a Special Use (S) District, for the property commonly referred to as the “Riviera Country Club” and legally described as portions of Tracts 1 and 5, Riviera Country Club, a portion of Miami-Biltmore Golf Course of Riviera Section Part 4 and Lots 10-14, Block 112, Country Club Section Part 5 (1155 Blue Road), Coral Gables, Florida; all other conditions of approval contained in Ordinance 2016-34 shall remain in effect; and providing for an effective date. ( Legal description on file at the City).

This item, was previously reported on in Gables Insider. Click here to read the article, “After Completing New $37 Million Clubhouse, Riviera Country Club Wants To “Go Cheap” On Commitment To City.” Click here to read staff’s memo.

The representative of the Club, attorney John Lukacs, tried to blame City staff for the need to make this change from pavers to asphalt. He explained that if the Club placed the pavers, the County would require that the pavers be maintained by the City. He was upset that the City was trying to hold the Club to their development agreement, which they willingly agreed to in 2016.

He threatened the Commission by stating that if the City forced them to hold up their end of the bargain, they would force the City to uphold the County’s requirement. He added that an undue burden was being placed on the Club by the City by requiring the Club hold up its end of the agreement. He also stated that the Club does not want to assume the legal liability for the pavers.

The City Manager explained that the City normally operates with agreements such as these where the City agrees with the County to maintain and passes through the responsibility to the holder of the development agreement. The Mayor explained one example was the Agave project, which operates this way. This was corroborated by the City’s Public Works Director Hermes Diaz. The City even requires that residents who place pavers in the swale portion of their driveways sign hold harmless agreements with the City.

Lukacs implied the City has been unreasonable throughout the process. However, the Mayor asked the Development Services Director, Suramy Cabrera, how many Temporary Certificates of Occupancy (TCO) have been issued to the Club since they opened in December of 2018, and she explained several have been issued. Something, as the Mayor stated, does not normally happen. Without the TCO, the Club would not be allowed to operate, as it is not eligible for a Certificate of Occupancy until the full scope of the work is completed.

The Club representative called the Commission disingenuous. However, as Vice Mayor Michael Mena pointed out, the Club was the one that made the initial request in its plans to have pavers on the road. This was not the City’s request, it was the Club’s request.

At several instances, Lukacs was forceful and antagonistic. He even tried to take control of the meeting telling the Mayor and Commissioners that it was not their turn to speak and that he would finish his comments before they could speak.

During public comment on the issue, resident Maria Cruz who resides near the Club, brought up a point that irritated Lukacs. She explained that the Club had reached a development agreement with all the set conditions, including the pavers on Blue Road. Following the Club’s completion of the clubhouse, they had decided that they did not want to move forward with the pavers and wanted the City to let them off the hook. She explained that if the pavers were not enforced, the entire clubhouse should be demolished, as the project was approved as a whole and not in parts.

Following Cruz’s comments, Lukacs went after Cruz, asking why she emailed the County about this issue. The Mayor explained, with the concurrence of members of the Commission, that Cruz has been an active resident for years on issues in many areas in the City. In this case, she is a resident in the area.

Commissioner Rhonda Anderson also chimed in on this point and stated that the time to request the change was when the original plans were approved not now.

Architect Robert Behar, a member of the City’s Planning and Zoning Board who was at City Hall to address another issue, asked to speak and confirmed to the Commission that the Planning and Zoning Board at the time had requested the pavers be included in the project, as a condition for the approval of the entire project.

Lukacs then went after Behar asking him who had asked him to be present to speak and why he was there. The Mayor addressed the point, stating that Behar had asked the Mayor if he could speak to clear any doubts on the issue.

City Attorney Miriam Soler Ramos almost gave the Club what they wanted, by providing confusing counsel to the Commission. A motion was made and she recommended it be amended to include the changes to the pavers. City Manager Peter Iglesias had to step in and correct her, in order to prevent the Commission voting to approve the change.

In the end, the Commission upheld the requirement to place the pavers and asked the Club to begin work as soon as possible to complete the project, which has been pending for over three years.

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
MotionedSeconded

F-2: An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code, Article 5, “Architecture,” Section 5-200, “Mediterranean Standards;” to limit the Mediterranean Bonus program to Coral Gables Mediterranean Architectural Style and expand the Board of Architects review process to include an optional conceptual review; providing for severability clause, repealer provision, codification, and providing for an effective date.

“No changes have been made to the proposed text amendments since First Reading and the Planning &
Zoning Board meeting. Based on the City Commission discussions, the following text amendments are proposed: Mediterranean Bonus: Mediterranean Style required for all Tables, Optional Conceptual Design review. In addition to the proposed text amendments to the Zoning Code, Staff has included an amendment to the Development Services fee schedule to include a Board of Architects conceptual review fee for $250.00 for residential (SFR) projects, and $2,000.00 for commercial, mixed-use, and multi-family
projects.”

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
MotionedSeconded

F-3: An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code, Article 4, “Zoning Districts,” Section 2-100, “Residential Districts,” Section 2-104, “Multi-Family 3 (MF3) District,” and Section 2-105, “Multi-Family 4 (MF4) District,” and Article 5, “Architecture,” Section 5-200, “Mediterranean Standards;” to remove the Mediterranean Bonus of height, density, and floor area ratio (FAR) for Multi-Family 4 (MF4) properties south of Biltmore Way; providing for severability, repealer, codification, and for an effective date. (Sponsored by Commissioner Anderson) (Sponsored by Mayor Lago).

“No changes have been made from First Reading.”

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
MotionedSeconded

F-4: An Ordinance of the City Commission authorizing execution of the Second Amendment (“Second Amendment”) to Amended and Restated Lease (“Lease”) between the Biltmore Hotel Limited Partnership, a Florida Limited Partnership (“Developer”) and the City of Coral Gables, a Florida Municipal Corporation (“City”) executed February 10, 1986 and amended and restated July 29, 1999 (“Original Lease”) and amended on January 2, 2001 (the “First Amendment”) amending Section 15 of the lease by revising the property insurance requirements and including a sovereign immunity provision; providing for a repealer provision, severability clause, and providing for an effective date.

“The lease of the redeveloped Biltmore Hotel was originally executed on February 10, 1986, between the
City of Coral Gables (the “City”) and the Biltmore Hotel Limited Partnership (the “Developer”). On July 29, 1999, an Amended and Restated Lease was executed combining into one agreement between the City and the Developer the terms and conditions pertaining to the Biltmore Hotel Lease Agreement and the Management Agreement for Operation of the Biltmore Hotel Country Club Property (the “Original Lease”). On January 2, 2001, the City and Developer entered into a first amendment to the Original Lease for the purpose of adjusting the Fixed Rent Amortization Schedule (“First Amendment”) (the Original Lease and the First Amendment being collectively referred to as the “Lease”). The Lease requires that the Developer secure and maintain, among other insurance requirements, property insurance coverage for all perils equal to the full actual replacement cost of buildings, contents, improvement and betterments ($215,105,000). The market for property insurance, particularly windstorm insurance, in South Florida is extremely difficult, and there are definite limitations on the amount of windstorm insurance that can be purchased by any single buyer. This is particularly true in Miami-Dade County and Broward County, where the property insurance market is deemed to be one of the most difficult in the country. By way of example, below is a list of the property insurance limits purchased in 2021 by some of the largest entities in Miami-Dade and Broward County. (*Miami Beach also has a supplemental parametric coverage with a $20 million limit (premium approximately $1,100,000). This policy is triggered/activated if there is a hurricane that hits within a designated 10-mile circle (the policy pays a percentage of the limit based on the hurricane’s category: Cat 1-2 – 0%, Cat 3-25%, Cat 4-60% & Cat 5-100%) or if there are wind speeds outside the designated 10-mile circle, the policy pays a percentage of the limit based on the wind speed of the hurricane: 96MPH – 1%, 97 MPH 1.5%…108MPH 40%…127MPH 80%… 129MPH 100%.). When determining an adequate windstorm limit to purchase for properties that are in areas with difficult markets for such coverage, it is often valuable to review any catastrophe modeling which has been performed by insurers and wholesalers in the placement of the property insurance. In this case, the Developer’s insurance broker provided us with a February 26, 2021, hurricane/named storm catastrophe performed on the Developer’s account (the properties included in the Developer’s account include the Biltmore, the Sheraton-Sand Key Hotel in Clearwater and a condominium at the David William Hotel). Based on the catastrophe modeling, there is a 0.4% annual chance of one hurricane (named storm) event causing $17,582,922, or more in loss net of the deductible structure and within the coverage layers being analyzed. This corresponds to a 250-year return period. A 250-year storm is the storm that would generate the highest magnitude loss over a period of 250 years at the subject location or across a subject portfolio of properties. The 250-year storm is a commonly used and accepted benchmark for risk management-related decision making. Considering all of the above, the Second Amendment (“Second Amendment”) to Amended and Restated Lease Between the Biltmore Hotel Limited Partnership, a Florida Limited Partnership (“Developer”) and the City of Coral Gables, a Florida Municipal Corporation (“City”) Executed February 10, 1986 and Amended and Restated July 29, 1999 (the “Original Lease”) and Amended on January 2, 2001 amends the Lease to require the Developer to maintain property insurance coverage for the lesser of either (1) the full actual replacement cost of the buildings and structures, including improvement and betterments or (2) $100,000,000. In addition, the Second Amendment requires the Developer to obtain a Priority of Payments endorsement on the property insurance policy(ies) stating that to the extent that any loss exceeds the Policy’s applicable limits or sub-limits, any amounts paid under the Policy shall first apply to the necessary repair, restoration and replacement of property owned by the City. The Second Amendment also updates other insurance requirements in Section 15 of the Lease and adds a sovereign immunity provision. There have been no changes between first and second reading.”

The City Manager assured the Commission the changes to the insurance coverage would be adequate.

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
MotionedSeconded

F-5: An Ordinance of the City Commission providing for a text amendment to Article 14 “Process,” Section 14-214 “Protection of Landowners’ Rights; Relief from Inordinate Burdens” of the City of Coral Gables Official Zoning Code to clarify procedures to resolve disputes and provide relief from the application of the Zoning Code, including the granting of variances; providing for severability clause, repealer provision, codification, and providing for an effective date.

“The City is proposing a Zoning Code text amendment to clarify procedures to resolve disputes and provide relief from the application of the Zoning Code, including the granting of variances. The draft Ordinance of the Zoning Code text amendments is provided as Exhibit A.”

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
MotionedSeconded

F-6: An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables Official Zoning Code by amending Article 10, “Parking,” Section 10-110, “Amount of required parking,” and Article 16, “Definitions,” to clarify parking requirements related to single-family building alterations and to update the definition for a single -family residence regarding the use of covered open air walkways, and location of porte -coches and carports; providing for severability clause, repealer, provision, codification, and providing for an effective date.

“The City is proposing Zoning Code text amendments clarify parking requirements related to single-family building alterations and update the definitions related to single-family residences, as summarized below: Require parking for changes of building types; Clarify the separate parking exemptions for single-family / duplex residences from all other structures; Update the definition for a single-family residence to clarify that a roofed (open-air) walkway satisfies the definition’s requirement; Update the definitions for carport and porte-cochere to clarify locations. Required on- site parking requirements were established in 1964. Therefore, buildings that predate March 11, 1964, are allowed to be exempt from these requirements if there is no more than 25% increase of floor area. However, there have been instances that a duplex building type that did not have parking was converted into a single-family building type, but on-site parking was not provided. Therefore, Staff is proposing to include a provision that requires parking for changes of building types for single-family residences or duplex buildings. Related, the definition of a single-family residence requires that all living rooms to be accessible from each other from within the building. The definition is proposed to be updated to allow a roofed (open air) walkway to satisfy the requirement of a connection from within the house.”

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
MotionedSeconded

F-7: An Ordinance of the City Commission granting approval of a Planned Area Development (PAD) pursuant to Zoning Code Article 14, “Process,” Section 14-206, “General Procedures for Planned Area Development” for a multi-family project referred to as “301-341 Madeira” on the property legally described as Lots 4 thru 24, Block 1 of Revised Plat of Coral Gables Section K (341, 335, 331, 325, 321, 317, 301 Madeira Avenue), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. Agenda Items F-7 and F-8 are related (Time Certain 12:00pm).

Click here to read staff’s memo.

Commissioner Fors recused himself due to his mother serving as a member of a neighboring building’s board member.

The Commission watched a presentation on the project by the developer’s team. They made it clear that they would be held accountable to be faithful to the proposal as shown on paper. If there are any issues, such as drainage now, they should be addressed in the planning phase. They were also asked to add traffic calming to Madeira at their expense to ensure this is not at taxpayer expense. The concern over loss of street parking by neighbors was also mentioned. The developer has proposed a residential parking zone at their expense that might address some of these concerns. The question about electric vehicle charging stations came up and the developer will work on this between first and second reading. Art in public places and plans to complete any nearby incomplete sidewalks be addressed. They were also requested to install the City’s approved traffic calming (speed tables) in the first 2 blocks on the west side of Le Jeune on Zamora, Madeira and Majorca. They agreed to add an unloading/loading zone in front of the building and increase the sidewalk width from 5 to 6 feet.

Motion was made with all the conditions discussed.

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
SecondedNot PresentMotioned

Resolutions

F-8: A Resolution of the City Commission granting Conditional Use approval pursuant to Zoning Code Section 2-400, “District Overlays,” Section 2-405, “Residential Infill Regulations (RIR),” for a multi-family project referred to as “301-341 Madeira” located on property zoned Multi-Family 2 (MF2) legally described as Lots 4 thru 24, Block 1 of Revised Plat of Coral Gables Section K (341, 335, 331, 325, 321, 317, 301 Madeira Avenue), Coral Gables, Florida; including required conditions; providing for a repealer provision, severability clause, and providing for an effective date. (This Resolution is not for consideration at this time and will be included with the above ordinance on Second Reading if approved on First Reading.). Agenda Items F-7 and F-8 are related (Time Certain 12:00pm).

Click here to read staff’s memo.

Commissioner Fors recused himself due to his mother serving as a member of a neighboring building’s board member.

See item F-7 for discussion.

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
SecondedNot PresentMotioned

F-9: A Resolution of the City Commission directing staff to include on the agenda for each regularly scheduled meeting of the Property Advisory board whether any unsolicited proposals and/or letters of intent involving the concessions, sales, or leases in connection with City-owned property have been received and to provide a copy of any such proposal or letter of intent to the Property Advisory Board at that time. (Sponsored by Vice Mayor Mena).

“The Property Advisory Board (“PAB”) was established by the City of Coral Gables Commission to advise the City Manager, staff and the City Commission on matters involving concessions, sales or leases to organizations, companies, partnerships, individuals and agencies in connection with City-owned property, and shall make recommendations to the City Commission in this regard. The PAB requested the City Commission to direct staff to include and provide any unsolicited bids received by City as a standing agenda item. The City Commission desires for the PAB meeting agendas to include whether the City has received any unsolicited proposals and/or letters of intent (“LOI”) involving concessions, sales, or leases in connection with City-owned property.”

The City Attorney made the language of the resolution overly restrictive and Vice Mayor Mena made it clear if the board wanted this information it should have access to it.

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
SecondedNot PresentMotioned

F-10: A Resolution of the City Commission amending Ordinance 2015-17, waiving all City permit fees for electric vehicle charging stations in single-family residential properties. (Sponsored by Mayor Lago).

“In 2015, the City Commission amended the Fee Schedule to waive all permit fees for solar panels installations consistent with City-wide sustainability efforts. In furtherance of those efforts, the City Commission desires to incentivize the installation of Electric Vehicle (“EV”) charging stations at single-family residences by waiving city permit fees.”

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
SecondedMotioned

City Commission Items

G-1: A Resolution of the City Commission authorizing the issuance, subject to the Bond Referendum herein provided for, of General Obligation Indebtedness in an Aggregate Principal Amount not to exceed $60 Million for the City of Coral Gables, Florida, for providing funds to finance or refinance the construction, expansion, renovation and improvements of the Coral Gables War Memorial Youth Center and Phillips Park, payable from the full faith, credit, and ad valorem taxing power of the City; providing for and calling a Bond Referendum of the Qualified Electors of the City to be held on November 8, 2022; providing for Official Ballots; providing for Bond Referendum procedures; and providing for an effective date. (Sponsored by Commissioner Menendez).

“The City Commission has been discussing ways to fund certain improvements in accordance with the City’s Community Recreation Maser Plan and the War Memorial Youth Center Master Plan, both approved on September 28, 2021. In particular, the Commission would like to fund the construction, expansion, renovation and improvement of the Coral Gables War Memorial Youth Center and Phillips Park (collectively, the “Projects”). The Projects are required for the health, safety and welfare of the citizens of the City. Via this resolution, the City Commission would like that the qualified electors (defined as “a person who has the right to vote in an election”) of the City should make, through a bond referendum, the final decision determining whether to construct the Projects. And, the City Commission, pursuant to this resolution, determines that it serves a paramount public purpose that the Projects be constructed, expanded, renovated and improved and that it is in the best interest of the City to issue general obligation indebtedness to finance or refinance the costs of the Projects. Additional funding is necessary to pay all or a part of the cost of the Projects and therefore it is necessary to issue the general obligation indebtedness of the City as hereinafter provided. For this reason, via this resolution, the City makes known its desire to issue notes, bonds or other forms of indebtedness in one or more series in an aggregate amount not to exceed $60 Million Dollars (the “Bonds”) pursuant to the terms of this resolution hereinafter to be adopted by the City Commission if the qualified electors of the City approve the bond referendum authorized herein. Said Bonds shall be payable from the full faith, credit and ad valorem taxing power of the City. The City Commission also adopts the specific language that will appear on the ballot.”

Item has been indefinitely deferred. See discussion in item 2-1.

G-2: Report from staff of the cost of Granada Golf Course green fees, the Venetian Pool, the Adult Activity Center, and all other City facilities that have memberships, for City residents v. non-residents. (Sponsored by Mayor Lago).

Click here to see staff’s presentation.

G-3: An update from staff regarding the 2018 North Ponce Corridor study. (Sponsored by Mayor Lago).

Director Diaz explained that Phase III was funded and is moving forward later this year, however, they may come back to ask for additional funds due to escalation. The Mayor asked that this be prioritized as it is a long time coming.

G-4: Update Green Corridor P.A.C.E. District meeting concerning pre-payment penalties for commercial borrowers. (Sponsored by Commissioner Anderson).

G-5: Discussion regarding tree canopy issues, specifically loss of tree canopy (2016 to 2020 percentage of gain and loss in County Commission Districts ), standards for flowering and medium size trees, and use of small to medium shade trees in shallow planting areas. (Sponsored by Commissioner Anderson).

Deena Bell-Llewellyn, Assistant Director of Public Works for Greenspace Management, explained that sourcing larger trees can be difficult, in particular in large quantities. She suggested possibly exploring allowing trees that do not meet the minimum height requirement but can grow quickly.

G-6: An update from staff on the landscaping plantings on Red Road. (Sponsored by Mayor Lago).

Director Bell-Llewellyn explained that over 2,000 plants were planted a few years ago and SFM is maintaining the plants between Bird Road and SW 8 Street. The Mayor asked for an update on what plants are missing and find money in the budget to replace them.

G-7: Discussion regarding metal roofs. (Sponsored by Mayor Lago).

Click here to see staff’s presentation.

What had been proposed was to limit the ability to use metal roofs to homes south of US1. The Mayor said he would like to offer the option to all homeowners who live in homes that are not historic and that can withstand the engineering parameters of metal roofs. Staff will come back with a plan for the Commission to consider. The item will come back on the May 31st Commission meeting.

G-8: Discussion regarding “Coral Gables Bar Association Law Day”. (Sponsored by Commissioner Fors, Jr.).

Commissioner Fors stated that the association will be hosting a field trip to City Hall for certain Ponce Middle School students with a potential tour of the Public Safety Building.

G-9: Update regarding Neighborhood Safety Aides, specifically the implementation of Code Enforcement support for early dumping and cardboard dumping issues. (Sponsored by Commissioner Anderson).

Coral Gables Police Chief Edward J. Hudak, Jr. explained that he is unable to have officers stop to enforce dog waste bags in the trash pits. He does not wish to give the Neighborhood Safety Aides the ability to enforce.

G-10: Discussion regarding blower etiquette, specifically regarding a proposal to prohibit blowing leaves and debris into streets or adjacent properties. (Sponsored by Commissioner Anderson).

Commissioner Anderson would like for staff to look into preventing the blowing of leaves into adjacent properties or onto streets. The Code already prohibits it, so the question is how to enforce it.

G-11: Discussion regarding the expansion of acceptable Swale Package plants. (Sponsored by Commissioner Anderson).

G-12: Discussion regarding the Salvadore Dog Park proposal. (Sponsored by Commissioner Anderson).

The Community Recreation Department will present a diagram of the concept at the April 5th dog park sunshine meeting.

City Manager Items

I-1: Parks Masterplan General Obligation Bond referendum item. Agenda Items 2-1, G-1 and I-1 are related (Time Certain 11:00am).

Item has been indefinitely deferred. See discussion in item 2-1.

I-2: A Resolution of the City Commission amending Ordinance No. 2015-17, As Amended, to add County Club Fees by the Community Recreation Department; providing for severability and providing for an effective date.

“New Coral Gables Golf and Country Club Fees: The Coral Gables Golf and Country Club will be operated by the City of Coral Gables Community Recreation Department as a new division and will therefore follow the same five-year fee schedule for all public fees identified as part of Phase I of the operational plan. Under City management, the club is envisioned to provide a world-class country club experience for the community to gather and enjoy. Phase I fees will include separate fees for residents and non-residents under the Banquet Hall and Fitness and Pool sub-divisions. The new proposed fees have been added to the existing City fee schedule. As is typical, fees are increased 5% every other year. Exceptions to this are contractor programs that are dependent of costs of the program, food and beverage items and articles identified for pro shop resale as they may see greater cost increases.”

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
SecondedMotioned

I-3: A Resolution of the City Commission authorizing an amendment to the Fiscal Year 2021-2022 annual budget to recognize Coral Gables Country Club receipts as revenue, and to appropriate such funds to support Country Club operations, including an increase in full time headcount from 848 to 855 (7 positions), and part time FTEs from 159.74 to 177.74 (18 FTEs).

“City management has made the determination to directly operate the Coral Gables Country Club with the goal of restoring its original purpose of offering family friendly services to our residents and visitors. To facilitate this undertaking City staff has conservatively projected Phase I revenue and expenditures for Banquet Hall and Pool/Fitness Center operations through 9/30/22 (see attached summary of projected operations) An amendment to the Fiscal Year 2021-2022 annual budget is therefore required to recognize as revenue Country Club receipts of $1,840,835, and to appropriate such funds to support Country Club operations, including an increase in full time headcount from 848 to 855 (7 positions), and part time FTEs from 159.74 to 177.74 (18 FTEs).”

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
MotionedSeconded

I-4: Location-Based Notifications Tool Presentation. (Sponsored by Commissioner Fors). Time Certain 10:00am (Agenda Item I-4).

Commissioner Fors asked staff to work on a system where residents can request notifications on issues or items that arise based on their address or location. Staff has prepared a survey to send residents providing them the ability to opt in for the notifications.

I-5: Innovation and Technology update on data sharing collaborations with Miami -Dade County (utility coordination GIS viewer, transit data integration, and other collaborations ) and University of Miami (situational awareness traffic dashboards).

Chief Information Officer, Raimundo Rodulfo, presented a map that is used by several agencies showing current work being by those jurisdictions which allow to share data of projects being worked on with the goal of being able to collaborate when possible. (i.e. undergrounding, power lines, etc.). Another system allows for transit connectivity providing real-time information on transportation options which is shared with Google Maps.

I-6: A Resolution of the City Commission accepting the recommendation of the Chief Procurement Officer to award the Parking Facilities and Centralized Valet Parking Operations to LAZ Florida Parking, LLC., the highest ranked responsive and responsible proposer, pursuant to Section 2-763 of the Procurement Code entitled “Contract Award” and Request for Proposal (RFP) 2021-037.

“The purpose of this RFP is to award a qualified and experienced professional firm (“Proposer”) to provide
parking facility and valet parking operation services. On December 10, 2021, the Procurement Division of Finance formally advertised, issued and distributed RFP 2021-037. Nine (9) prospective proposers downloaded the RFP package from Public Purchase, the City’s web-based e-Procurement service. On December 20, 2021, a non-mandatory pre-proposal conference was held with eight (8) prospective proposers in attendance: American Parking Systems, DEC Parking Way, LLC., LAZ Florida Parking, LLC., One Parking, Premium Parking, Reef Technology, SP Plus Corporation and Universal Parking. On January 24, 2022, two (2) firms submitted proposals in response to the RFP: Lanier Parking Meter Services, LLC., and LAZ Florida Parking, LLC. On February 16, 2022, the Evaluation Committee convened to evaluate the two (2) responsive and responsible proposals and ranked the firms in the following order of preference: LAZ Florida Parking, LLC., (top-ranked), and Lanier Parking Meter Services, LLC., (second ranked). The Evaluation Committee determined that LAZ Florida Parking, LLC., was the highest ranked responsive-responsible proposer. The Evaluation Committee further recommended that should negotiations fail with LAZ Florida Parking, LLC., that negotiations may commence with the second ranked firm until an agreement and contract amount acceptable to the City has been reached. The Chief Procurement Officer recommends accepting the Evaluation Committee’s recommendation to award and negotiate an agreement with LAZ Florida Parking, LLC., for RFP 2021-037 Parking Facilities and Centralized Valet Parking Operations for an initial period of three (3) years with the option to renew for two (2) additional one (1) year periods.”

The Mayor asked for an item to be placed on the August agenda updating the Commission on no cash for valets in the City to prevent issues currently being faced where valets are taking cash payments without accountability to the City. Others are paying fees to have their cars kept outside of restaurants.

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
SecondedMotioned

I-7: A Resolution of the City Commission directing the City Manager to hire a consultant related to the proposed Biltmore Way Streetscape Project and directing City Staff to provide an update at an upcoming regularly scheduled meeting. (Sponsored by Mayor Lago).

“The City is planning certain Biltmore Way streetscape improvements and the City Commission has discussed the matter on various occasions. The Commission wishes to continue to solicit public input and feedback on the proposed streetscape improvements. The City Commission wishes to direct the City Manager to hire a consultant to assist the City in finalizing the Biltmore Way Streetscape project and prioritize improvements relating to safety, and trees. The City Commission would also like an update from City staff on the streetscape improvements and the hiring of the consultant at the April 26th, 2022 City Commission meeting.”

The City Manager stated he is already working on this and he should be ready for the Commission sometime in May. Potentially the final meeting in May.

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
SecondedMotioned

Pocket Item: Coral Way and Anderson Accidents

Coral Way and Anderson has had 44 accidents since 2019. Commissioner Menendez has asked the Manager to bring options back to the table.

Pocket Item: Dog Park Town Hall

Dog park will be discussed at a time certain during the next City Commission meeting in lieu of holding a sunshine meeting.

Pocket Item: Emergency Management Board Appointment

Commissioner Rhonda Anderson appointed Daniel Martinez, former FBI agent, to the Emergency Management Board.

Mayor
Vince Lago
Vice Mayor
Michael Mena
Commissioner
Jorge L. Fors, Jr.
Commissioner
Rhonda Anderson
Commissioner
Kirk R. Menendez
SecondedMotioned
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7 thoughts on “City Commission Recap (3/29/2022)

  1. The city needs to get its priorities right. With all the development enabled by our city fathers it makes sense to improve upon the infrastructure by installing underground utilities and replacing antiquated and environmentally unfriendly septic tanks by sewer systems.sewer systems.

    Like the politically infused wish list of a referendum for 60 million in General Obligation bonds, the funding for the Mobility Hub, should also be placed alongside as a second referendum for another 60m.

  2. G-9: The Chief does not want the Neighborhood Safety Aides to do enforcement. They could however be used to inform. They could be provided with printed flyers that inform residents of the regulations about cardboard recycling, etc., since it is obvious that many have not gotten the message.

  3. The government is FOR THE PEOPLE.

    The PEOPLE do not want the mobility hub.

    A responsible government would stop the mobility hub.

    Not the government in Coral Gables.

    Yesterday, the 5 commissioners kept the mobility hub going; they want a lower price to build it.

    Either all the 5 commissioners flunked the class in government at school or they all need to see a psychiatrist.

  4. When the commissioners ran for office, they promised to end over-development.
    When the commissioners were elected, the they voted for more over-development.
    They all lied.
    They approved monster buildings all over the City. Concrete everywhere.
    Yesterday, they approved another monster: “301-341 Maderia”.
    I will not vote for any of them in the next election.

    I would support Ariel Fernandez for Mayor and have him select 4 running mates.

  5. City attorney Miriam Ramos again showed she is for special interests and not for the community.
    She was in favor of helping the “exclusive” Riviera Country Club and in favor of concealing
    unsolicited bids.

    Get rid of her!

  6. I think the city will have its hands full with F-1, the city did not show that there was an agreement for maintenance. That was what the whole argument was based on. The City Manager just keep saying it is assumed. That is ridiculous. Nothing of that nature/ magnitude should be assumed. If the coty is so backwards to not have that policy in writing and signed by the developer then it does not hold water. The commission for the most part did well in dissecting it Except for the Mayor and City Manager. It had the appearance that the Mayor did a back room deal with the county for information. He covered it up by saying multiple times he chose to do it via email to create public records. That statement alone shows he does not always do that and in turn not being able to be held accountable for his statements. City Manager is just lost.

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