Historic & Environmental Preservation Board (Special)

Historic & Environmental Preservation Board (Special) — July 21, 2026 - 5:30 PM

the historic environmental preservation board. I would ask everyone to stand for the pledge of allegiance and remain standing to be sworn in by staff. [Laughter] [Laughter] Pledge allegiance. To the flag of the states of [Applause] America and to the republic for which it stands one nation under GOD, indivisible with liberty and justice for all. Please remain standing to be sworn in by staff. All those who intend to testify on any matters please stand and raise your right hand. Do you solemnly swear or affirm the testimony you're about to give? Is the truth the whole truth and nothing but the truth? Thank you. You MAY be seated. Thank you. Take this opportunity to check your cell phone and make sure it's on. Do not disturb or vibrate or off. I'm going to ask the city attorney to give us a note on lobbying. Any person who's a lobbyist pursuant to chapter two, article six of the city code must register with the with the city clerk comply for latest city requirements for lobbyists before appearing before the historic and environmental preservation board. A person MAY not lobby a city official board member or staff member until registering a copy of the code section by lobsters available in the city clerk's office or online on municode.Com. The agenda for this meeting and materials for the items on the agenda were published and made available to the board in advance of the meeting. The materials are also available online@miamigov.Com. please silence all cell phones and other noise making devices. Any person with disability requiring assistance, auxiliary aides or services for this meeting MAY notify the hearing board liaison. Any person MAY be heard by the board through the chair and pursuant to the public notice for not more than two minutes on any proposition before the board unless modified by the chair. When addressing the board, the member of the public must first state his or her name, address and what item will be spoken about when the board takes action or votes on any proposition, it shall do so by a roll call vote to be recorded and included in the record. Thank you. Thank you. >> let's have a roll call please. Doctor william hopper here. MR. Robert powers here. MR. Christopher corley here. MR. Najib campbell MISS Julie o'dell here. MR. Lewis brito e munoz. MR. Hugh ryan MR. Jordan trachtenberg here. MR. John s perez. I have an absence waiver request for prieto munoz and hugh ryan. Is there a motion to approve? So moved. Second. Motion and a second. Any discussion? All in favor? Say aye. Opposed. Motion carries. Ladies and gentlemen, thank you for coming out this evening. Let me lay the groundwork the ground rules for what we're going to be doing tonight. Staff will announce each item in turn the appellant will come forward. Give your name and address for the record and you will have five minutes to do your presentation. After the staff report which will lay out the basics of the intended decision after which the property owner or the city MAY have an opportunity to rebut. When that is finished we will open it up to the public for comments. Please limit your comments to two minutes and come to each of these podiums to make your remarks and we'll recognize you in order. We want everyone to be able to to express their opinions, but we have to be out of here by 10:00 and there are a lot of us here tonight. We want to hear from everyone who wants to speak. But if you heard someone make your point already, feel free to say I agree with my neighbor who's before me and I either support the appeal or support the intended decision. And that way we can all hear what you have to say and also get out by 10:00 when everyone has had a chance to speak and you get to speak once on an item once for two minutes when everyone's had a chance to speak, we will close the public hearing on that item and leave it up to the board to have questions or comments for the appellant, the applicant or the city or anyone else. They MAY decide to ask a question of when that is finished. We will have a motion and a vote when the vote is taken that will be final and let's appeal to the city commission. Please remember that the board is here to to um follow the conditions of the law. We're not here to make new law. We're here to follow the law that's already in place before we start. Are there any changes to the agenda? Yes. >> yes sir. >> with respect to item six, seven and eight, the city recommends taking those items out of term because because um especially considering item number seven as that one will um there's a motion from the applicant regarding certain issues that they have with um standing. So we want to take items six seven and eight out of turn with preference to item number seven if the board approves. So we'll do seven six and eight in that order. Yes seven six and eight in order. What about items two. What about items two and three? Are we going to hear those together? Repeat that one more time. So I didn't hear you. >> are we going to hear items two and three together? Yes. So items can stay in order. So now we're going to hear them together. Yes yes yes. So item two and three regard the same property. So we're going to hear those together at the same time. Appellant number for item number two will go first and then item appellant number three after the staff report which will be given once. In addition. Oh excuse me chair. And then we will proceed as usual and we'll have a vote [Laughter] On each of those those um of those items separately since they're separately listed. And I will also make a note for item five um for the order to be seven excuse me 756 and eight. The only reason for that is because we have the um the mayor of the of south miami here along with his city attorney and there's some scheduling concerns. >> okay. So the. 4687566 and eight. Is the order we're recommending to the board. Is there any objection to that order? Seeing none let's start with item number seven. Have item number seven a resolution of the miami historic and environmental preservation board granting or denying the appeal filed by david winker, esquire of intended decision bd25-021627-001 issued on 0529 2026 for the property located at approximately 3101 grand avenue, miami, florida. Thank you. And we'll start with the staff report which concerns, I believe the question of standing. Chair. >> if I MAY. Good evening chair members of the board joe ruiz is the office at 396 alhambra circle. Um I would ask that before we get into the staff report we address the limited issue of standing. >> that's what I just said. Is someone on city staff going to raise the clarify the issue of standing for the question of standing. Um yes that's as far as standing as a threshold question that must be considered before we actually get to the merits. And it's my understanding that the applicant has a presentation that they wanted to provide us to go over some issues that they had with standing. And essentially if the board finds that there's no standing then the appeal will be dismissed. If the board finds that there is standing then the board can then consider the merits of the appeal. And before we hear from your presentation could I. I believe I asked for a reading of the section of the code which deals with standing. Yes. >> no worries. I'll read it right now. Thank you. >> all right. This section is uh, 17-8 where it says that the property owner, the applicant or any aggrieved party having standing under state law MAY appeal to the board any decision department on matters relating to applications for tree permits except for tree permits grants the departments of public works or capital improvements by filing a written notice of appeal to the preservation officer as established in chapter 23 within ten days. Um specifically with respect to this application, um if you if you skip to the sentence where it says the person who's interested in the proceedings who are adversely affected in any manner greater than those of the general public MAY request intervenor status. And with respect to this particular um appeal, it involves a nonprofit organization who is um who is asserting that they're an aggrieved party under state [Laughter] Law. Okay. >> thank you. Go ahead. Good evening chair members of the board. Again just for the record joe ruiz with law offices at 396 alhambra circle on behalf of the appellant coconut grove condo llc. Uh, with me today is co-counsel MR. Javier fernandez with smg law. Um, if. There we go. So as the city attorney's office just said before discussing the merits the board must answer a threshold question and that is who is entitled to bring an appeal under chapter 17 of the city code section 178 a limits appeals to the property owner, the appellant or an aggrieved party having standing under state law. Neither appellant is the property owner nor the applicant. Therefore the only issue is whether either organization has established that it is an aggrieved party. The city code doesn't define the terms so we look to florida law. Florida law requires more than simply disagreeing with the government decision or supporting a particular cause. An aggrieved party must possess a legally protected interest that is adversely affected by the decision. And this is important and that interest must be different in degree from the generalized concerns shared by the public. General environmental concerns standing alone are insufficient. The burden of establishing standing rests with the appellants. Yet notice of the appeal never identifies how either organization is adversely affected. Instead, the notice of appeal expressly states that the organizations are filing the appeal quote on behalf of many community members close quote it does not identify who the community members are, whether they belong to either organization or most importantly how either organization itself possesses a legally protected interest adversely affected by the intended decision. That showing has not been made. The these are the undisputed facts. Notice of the appeal was filed by MR. Winker on MAY 29th, 2026 at 12:09 P.M. The final day of the appeal period. Miami tree preservation action committee was also incorporated on MAY 29th, 2026 by MR. Winker. The articles establish only the filing date. They do not establish when the corporation first became authorized to act. I'm not asking the board to speculate. I'm asking the board to recognize what the record does and does not show the corporation did not exist until the final day of the appeal period. The record contains no evidence when it first became authorized to act whether authorized the appeal or whether MR. Winkle was authorized to act on its behalf. The issue is not whether MR. Winkler timely winkler timely filed the notice of appeal. The issue is whether the appellant established standing before invoking the board's jurisdiction standing cannot be created by filing a notice of appeal if standing could be established after the appeal deadline simply because a notice of appeal was timely filed. The jurisdictional limitation in section 178 a would have very little practical meaning. Beyond the timing issue. There's another problem there's no evidence that m.Tb possesses the characteristics of an aggrieved party there are no members, no organizational activities, no legally protected interests, no explanation of how mtp itself is adversely affected on this record, mtp has not carried its burden. Similarly, logos presents a different factual situation but the same legal problem logos has existed since 2023 yet nothing in its articles or the notice of appeal explains how logos qualifies as an aggrieved party. Again, we're left with generalized assertions rather than evidence. The appeal never explains how logos is adversely affected, what legally protected interest is impacted or how logos differs from the general public standing cannot be presumed it must be established. Lastly, I just wish to preserve one additional procedural objection the city's published appeal instructions contemplate documentation demonstrating organizational authorization. None accompanied this appeal. I'm not asking the board to resolve the issue today. I simply wanted to preserve it for the record. So members of the board I'll conclude by saying standing is not a procedural technicality. It's the jurisdictional prerequisite established by 178 a because neither appellant has demonstrated that it is an aggrieved party having standing under florida law we respectfully request that this appeal be dismissed. Thank you. Before you go, did you tell us who you were representing? I'm sorry. >> did you tell us who you are representing? Yes. >> uh, the appellate coconut grove condo llc., the appellant .,the appellate [Laughter] Yeah. The applicant. There's a big difference representing the applicant. Yes, sir. Thank you. Yes, sir. Yes. >> david winker on behalf of the appellant I represent. We have your address please. I'm sorry. Could we have your address? Law offices 4720 south lejeune road. Thanks. >> thank you for being here. Uh, to address this preliminary issue of standing, I have a couple things that we need to lay on the record and obviously this is the point where we establish standing we don't establish standing in the actual appeal. Uh, you guys have to make an independent decision whether the appellant has standing. Um I would start with I am here with arlene mccreery who lives at 3189 florida avenue. I'm going to elicit testimony from her but she lives within 500ft and she is um she is one of the people who has been affected by this. Chair I object to this testimony. >> I'm sorry, I'm sorry I'm sorry I don't. Through the chair I mean we just interrupting each other. I'm going to where you're going to be introducing evidence that is not admissible. >> you're going point of order. You're going into the merits of the case. >> are we just going to interrupt each other? You're trying to establish intervenor status right now. Apparently they did not give me the monitor today to mute the microphones. You have a presentation to make. We'll we'll have testimony if that comes to that please do not interrupt save your comments for the for the. Thank you. But before I get to the testimony I would like to bring to the board's attention the citizen bill of rights which is contained in the city of miami charter. The citizens bill of rights begins. This government has been created to protect the governed not the governing. In order to provide the public with full and accurate information to promote efficient administrative management, to make government more accountable and to ensure to all persons fair and equitable treatment. The city of miami adopts the provisions of the miami dade county citizens bill of rights as applied and guarantees the following additional rights and one of the additional rights is contained at item six environmental protection the city shall promote the right of the people to clean air, pure water, freedom from excessive and unnecessary noise and the natural scenic, historic and esthetic qualities of the environment that's in our charter. Importantly at subsection c there is a provision for remedies it reads remedies for violations residents of the city shall have standing to bring legal actions to enforce the city charter, the bill of rights and the miami dade citizens bill of rights. We're here today. To advocate for trees. My client arlene mccreary is here to answer any questions about her. The impact on her within 500ft. I would also bring to the attention of the board that the city itself has traditionally, um, taken the position that. Um anyone living within 500ft has standing um just as a matter of um. Uh law and I would quote florida baroque property versus kizer 709 southern second at 177 of residents who live next door to a subject property and the negative effects are specific and are greater than the general interest in community well-being. And I would like to elicit the testimony of my client arlene mccreary, um, who began this process, um who was the one behind this appeal so she can put into evidence to allow you to make a decision whether she has standing to bring this. But again, I don't even think that's necessary because the bill of rights gives us as residents the standing to bring the standing to be here before this board, the standing to challenge these decisions. So I'll look to the board how you want to proceed. Yes. >> before. Yes, I have a question is is your witness a member of either of these two organizations? She is represented um by one of the organizations and by me that's the uh miami tree preservation action committee. What do you mean she is represented by them? I I'm by me. I'm the lawyer and that's my not for profit.. >> is she is this a non-for-profit or an organization? Nonprofit? >> I'm sorry, I'm sorry. It's a it's a florida nonprofit. Nonprofit organization. Yes. Is she a member of that organization? Yes. >> okay. >> MR. Attorney yes. Yes. >> with with tissue. I think the main issue here is that the appellant is the organization. so we need to first establish whether the organization itself has standing and we can bring in testimony because she's she's not part of the appeal is the main issue. She would likely come in under public comment but she's not a party at this stage. So I'm wondering that I understand my question is um if she is a member of the corporation or the committee. Does she then give that organization standing if she lives within 500ft. Well well well well yes and no. But the first thing that needs to be established and this is kind of just to to to say the the least kind of this wasn't part of the appeal packet. Um and this is just information that is now being brought in. Um that wasn't part of the appeal. The main question is whether the organization itself has standing because. At the time that the appeal was actually filed, the appeal was on behalf of the organization. So david winker um according to all the paperwork is is representing the organization itself not um a specific abutting property owner who happens to be a member. So I think the main so before we hear testimony, I think we need to first establish that the organization who's actually who's actually the appellant has standing to bring this forth and as was mentioned throughout the presentation, um one of the I think the issues that we do need to address that in the articles of incorporation there's no members actually listed. Yeah there's there's no members managers or anyone listed um through sundays as being a member or a a manager. The only individual listed is the attorney before us at the moment. So I think we should you know it's obviously up to the board's um discretion but I think we should limit outside testimony to parties who are actually a part of the appeal. So a member of the organization would not be automatically part of the appeal. Right. >> and chair if I MAY. Yes sir. There are two separate issues of standing one for the organization and then one for MISS Mccreary. MISS Mccreary is not a party to this matter as of right now it is solely the organization and as I stated before, this is an organization that was created the last day of the appeal period solely for purposes of filing this appeal. There's no way there's no facts in the evidence that established that they are an aggrieved party under the requirements of the city code. Board members have any questions? I have a question. Oh go ahead. Um. >> MR. Ruiz, these are pretty complex legal topics. Can you just put this into plain language? We understand what's going on. There's an appeal against this project regarding trees. So what exactly are we trying to figure out here? So under the city code it limits who can actually bring forward an appeal. And as I have on on the screen it's limited to the property owner the applicant or an aggrieved party having standing under state law. So neither the appellants or the property owner or the applicant so they're left filing as an aggrieved party and based off of the their appeal and the facts that have been submitted into the record, they are not they have not met the burden of showing that they are aggrieved. And I go back to the fact that this organization was created on the exact same day that the appeal the appeal was filed by MR. Winker. It was the organization was created by MR. Winker as well in the very last day of the appeal. Thank thank you. So is this like basically the question as to who filed the appeal? If MISS Mccreary filed the appeal herself then would we be still having the conversation or would we be talking about the project? It would be a different set of facts. Um but MISS Mccreary is not part of the appeal. She did not file personally. It was this organization. I mean I. I mean at the end it boils down to what we're recommended by our city attorney uh at the. At the end no matter what we end up doing in theory could be appealed or pushed back against if this is not if this is the correct standing or incorrect standing. Right right. >> but but the determination is independent the board I can you know I. Please use your microphone. We can make exceptions to this is what you're saying. Well I we have to uh stay nearly with the um the issue of standing right now because we haven't gone to the mayor's or anything like that. Well it's the spirit. >> it's the spirit in which it was done. Right. >> okay, so there's a spirit in which things are done. I'm just saying I mean listen we we sit in a building that's filled with people who say things all the time that they don't even mean and they and they never meant it. And there's. Just just. >> to be clear commissioners and they say all the time that they don't even mean I'm just saying thank you for coming out by the way. We love seeing this many people. That means you care about your community. Patricia area senior assistant city attorney just to clarify something so we're clear. So I am never accused of not being heard. So I'm going to go use my loud voice which isn't always the best thing but we're going to do that. So I understand the question to be because do we have to follow what the code says or do we follow the spirit? Unfortunately we have to follow the code. The code allows for an appeal as MR. Ruiz has set forth and has as is put up has been put up on the screens that it has to be a property owner, an aggrieved party, a person with x, y blah blah blah right all of these things that is who it is. So this is no different than when you get a a speeding ticket let's say. So you get a speeding ticket, you show up in front of the speeding ticket judge and the first thing you tell the judge is the ticket doesn't have the florida statute in which I was supposedly stopped for that creates an issue automatically where the facts of whether you were speeding or not never come into question. The first thing the judge has to say is did that speeding ticket tell you what you were doing wrong? If the speeding ticket doesn't say it to you then it gets dismissed because presumably the law wasn't followed. You were not properly informed of what you were speeding for right? Let's assume that the speeding ticket did have the florida statute that says you were speeding. The judge is going to say no. It told you right here you could have gone to the florida statute, read that section and it would have told you what you were speeding for. Then the case moves on. Your motion to dismiss is denied. This is in essence what's happening right here. So the first thing that this board has to determine is whether or not the language of the code was followed. That is the first question. If that question is yes then you go forward. If the question is no it does not go forward [Laughter] With you. It doesn't go forward. But you usually this sort of interpretation is provided by you