Resolution 2024-33318 RESOLUTION NO. 2024-33318
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2024-33030, WHICH
ACCEPTED THE RECOMMENDATION OF THE PUBLIC SAFETY AND
NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS MARCH 20, 2024
MEETING, AND AUTHORIZED THE CITY MANAGER TO NEGOTIATE AND
ACCEPT A DEED FROM THE SCHOOL BOARD OF MIAMI-DADE COUNTY,
FLORIDA (SCHOOL BOARD) TRANSFERRING THE SCHOOL BOARD'S
INTEREST IN THE TATUM WATERWAY WALKWAY AND SURROUNDING
AREA LOCATED OUTSIDE THE PERIMETER FENCE OF BISCAYNE BEACH
ELEMENTARY SCHOOL (SITE), SUBJECT TO THE SCHOOL BOARD'S
APPROVAL, TO ALSO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AN
EASEMENT FROM THE SCHOOL BOARD WHICH SHALL INCLUDE THE
RIGHT TO IMPROVE THE SITE AND DEVELOP THE CITY'S LIVING
SHORELINE PROJECT, WITH THE ESSENTIAL TERMS OF THE
NEGOTIATED EASEMENT BEING SUBJECT TO APPROVAL BY THE CITY
COMMISSION.
WHEREAS, the Tatum Waterway Walkway ("Walkway"), also known as Crab Alley, is a
small, asphalt-paved walking and biking route that connects Park View Island to 77th Street and
offers beautiful, secluded canal views, and small fishing spots along the entire Walkway; and
WHEREAS, the Walkway is contained on a portion of the land located outside of the
perimeter fence of Biscayne Beach Elementary School (School), which meanders along the
western and southern portions of the School property, and is bordered on the west side by Tatum
Waterway (the "Site"), as more particularly described in the sketch prepared by Longitude
Surveyors, a copy of which is attached to the City Commission Memorandum accompanying this
Resolution; and
WHEREAS, In its current state, the Walkway faces challenges such as broken sidewalks
and overgrown vegetation (overgrown roots of trees, which are lifting the asphalt) and the City's
Public Works Department would like to include funding to repair the Walkway in the capital budget
for Fiscal Year 2025; and
WHEREAS, the City's Public Works Department would like to develop the portion of the
seawall adjacent to the Site as part of the City's Living Shoreline Project, which Project will be
funded from the capital budget for Fiscal Year 2025; and
WHEREAS, there is a small segment of the Site which is owned solely by the City, with
the remainder of the Site being owned either jointly, between the City and the School Board of
Miami-Dade County (the "School Board"), or solely by the School Board; therefore, the consent
of the School Board would be required to develop the majority of the Site; and
WHEREAS, discussions between the City Administration and Miami-Dade County Public
Schools ("School District") staff have been ongoing concerning a possible conveyance of the
School Board's interests in the Walkway to the City, with the clear understanding that such a
conveyance is subject to the School Board authorizing the transfer of ownership at a regularly
scheduled School Board meeting, and the City Administration and School District staff continue
to discuss this initiative; and
WHEREAS, at its January 31, 2024 meeting, the City Commission approved a referral to
the Public Safety and Neighborhood Quality of Life Committee ("Committee")to discuss renaming
the "Tatum Waterway Walkway" to Tatum Waterway Nature Trail" and consider proposed
improvements to revitalize the trail, which matters were discussed during the March 20, 2024
Committee meeting; and
WHEREAS, at the March 20, 2024 Committee meeting, the City's Public Works
Department also discussed the fact that the City Administration had been involved in ongoing
discussions with the School District regarding the possible conveyance of the School Board's
interests in the Site to the City, and at that meeting, the Committee recommended in favor of
approving all of the matters discussed; and
WHEREAS, on May 15, 2024, the Mayor and City Commission adopted Resolution No.
2024-33030, accepting the recommendation of the Committee, at its March 20, 2024 meeting,
and authorizing the City Manager to negotiate and, subject to the School Board of Miami-Dade
County, Florida (School Board)authorizing transfer of the School Board's interests, accept a deed
from the School Board transferring the School Board's interest in the Site, so that the City would
secure the requisite property rights to improve the Site, currently in disrepair, and include the
portion of Tatum Waterway adjacent to the Site as part of the City's Living Shoreline Project; and
further authorizing the City Manager to perform any required due diligence and execute any
documents or agreements related to the acquisition of the Site; and
WHEREAS, following the May 15, 2024 City Commission meeting, the City Administration
again engaged the School District and at that time the School District staff indicated that they
were also considering a grant of easement("Easement")to the City, which mechanism would still
grant the City the right to use the Site to develop and maintain the improvements; and
WHEREAS, the City Manager recommends amending Resolution No. 2024-33030 to
authorize the City Manager to also negotiate an Easement, authorizing the City to use the Site to
improve the Walkway and develop the City's Living Shoreline Project, with the essential terms of
the negotiated Easement being subject to approval by the City Commission; and
WHEREAS, the Administration will be submitting the renaming of the Tatum Waterway
Walkway to Tatum Waterway Nature Trail pursuant to a separate City Commission agenda item
once the City has acquired ownership or other rights to name the Site.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby amend Resolution No. 2024-33030, which accepted the recommendation
of the Public Safety and Neighborhood Quality of Life Committee, at its March 20, 2024 meeting,
and authorized the City Manager to negotiate and accept a deed from the School Board of Miami-
Dade County, Florida (School Board), transferring the School Board's interest in the Tatum
Waterway Walkway and surrounding area located outside the perimeter fence of Biscayne Beach
Elementary School (Site), subject to the School Board's approval, to also authorize the City
Manager to negotiate an easement from the School Board which shall include the right to
improve the Site and develop the City's Living Shoreline Project, with the essential terms of the
negotiated easement being subject to approval by the City Commission.
PASSED and ADOPTED this Jo day of aGheer 2024.
...A ______—,q,e4...,,,4„,t___
Steven Meiner, Mayor
ATTEST:
,---_y
NOV 0 5 2024
Rafael . Granado, Secretary
1: 'iCORP•GRATED/ i
„.. ... e",,; ....4t..../V
�7 .26
c '
Sponsored by Commissioner Laura Dominguez
APPROVED AS TO
FORM Er LANGUAGE
FOR EXECUTION
�y
(L /)O JZo 2,4-
C!t t: •ney.2itr Date
Resolutions - C7 0
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: October 30, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2024-33030, WHICH
ACCEPTED THE RECOMMENDATION OF THE PUBLIC SAFETY AND
NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS MARCH 20, 2024
MEETING, AND AUTHORIZED THE CITY MANAGER TO NEGOTIATE AND
ACCEPT A DEED FROM THE SCHOOL BOARD OF MIAMI-DADE COUNTY,
FLORIDA (SCHOOL BOARD) TRANSFERRING THE SCHOOL BOARD'S
INTEREST IN THE TATUM WATERWAY WALKWAY AND SURROUNDING AREA
LOCATED OUTSIDE THE PERIMETER FENCE OF BISCAYNE BEACH
ELEMENTARY SCHOOL (SITE), SUBJECT TO THE SCHOOL BOARD'S
APPROVAL, TO ALSO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AN
EASEMENT FROM THE SCHOOL BOARD WHICH SHALL INCLUDE THE RIGHT
TO IMPROVE THE SITE AND DEVELOP THE CITY'S LIVING SHORELINE
PROJECT, WITH THE ESSENTIAL TERMS OF THE NEGOTIATED EASEMENT
BEING SUBJECT TO APPROVAL BY THE CITY COMMISSION.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
The Tatum Waterway Walkway ("Site"), also known as Crab Alley, is a small, asphalt-paved
walking and biking route ("Walkway") that connects Park View Island to 77th Street and offers
beautiful, secluded canal views and small fishing spots along the entire walkway. The Walkway
is contained on a portion of the land located outside of the perimeter fence of Biscayne Beach
Elementary School ("School"), which meanders along the western and southern portions of the
school property, and is bordered on the west side by Tatum Waterway, as more particularly
described in the sketch prepared by Longitude Surveyors. a copy of which is attached to the City
Commission Memorandum accompanying this Resolution (Attachment A).
In its current state, the Walkway faces challenges such as broken sidewalks and overgrown
vegetation (overgrown roots of trees, which are lifting the asphalt) and the City's Public Works
Department would like to include funding to repair the walkway in the capital budget for Fiscal
Year 2025.
The City's Public Works Department would like to develop the portion of the seawall adjacent to
the site as part of the City's Living Shoreline Project, which will be funded from the capital budget
for Fiscal Year 2025.
There is a small segment of the site which is owned solely by the City, with the remainder of the
site being owned either jointly, between the City and the School Board of Miami-Dade County
("School Board"), or solely by the School Board; therefore, the consent of the School Board would
be required to develop the majority of the site.
Page 616 of 2497
Discussions between the City Administration and Miami-Dade County Public Schools ("School
District") staff have been ongoing concerning a possible conveyance of the School Board's
interests in the walkway to the City, with the clear understanding that such a conveyance is subject
to the School Board authorizing the transfer of ownership at a regularly scheduled School Board
meeting, and the City Administration and School District staff continue to discuss this initiative.
On January 31, 2024, the Mayor and City Commission ("City Commission") approved a referral
to the Public Safety and Neighborhood Quality of Life Committee (PSNQLC) to discuss renaming
the "Tatum Waterway Walkway" to "Tatum Waterway Nature Trail" and consider proposed
improvements to revitalize the trail, which were discussed during the March 20, 2024 PSNQLC
meeting.
On the March 20, 2024 PSNQLC meeting, the City's Public Works Department also shared the
fact that the City Administration had been involved in ongoing discussions with the School District
regarding the possible conveyance of the School Board's interests in the site to the City. and at
that meeting, the PSNQLC made a favorable recommendation to move the item to the City
Commission for approval.
On May 15, 2024, the City Commission adopted Resolution No. 2024-33030 (Attachment B),
accepting the recommendation of the PSNQLC, at its March 20. 2024 meeting. and authorizing
the City Manager to negotiate and, subject to the School Board of Miami-Dade County, Florida,
authorizing the transfer of the School Board's interests, accept a deed from the School Board
transferring the School Board's interest in the site, so that the City would secure the requisite
property rights to improve the site, currently in disrepair. and include the portion of Tatum
Waterway adjacent to the Site as part of the City's Living Shoreline Project; and further authorized
the performance of any required due diligence and execute any documents or agreements related
to the acquisition of the Site.
Following the May 15, 2024 City Commission meeting, the Administration engaged the School
District and at that time the School District staff indicated that they were also considering a grant
of easement ("Easement") to the City, which mechanism would still grant the City the right to use
the Site to develop and maintain the improvements.
The Administration recommends amending Resolution No. 2024-33030 authorizing the
negotiation of an easement, authorizing the City to use the site to improve the walkway and
develop the City's Living Shoreline Project, with the essential terms of the negotiated easement
being subject to approval by the City Commission.
The Administration will be submitting the renaming of the Tatum Waterway Walkway to Tatum
Waterway Nature Trail pursuant to a separate City Commission agenda item once the City has
acquired ownership or other rights to name the Site.
FISCAL IMPACT STATEMENT
No fiscal impact.
CONCLUSION
The Administration recommends approving the Resolution.
Applicable Area
Middle Beach
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Page 617 of 2497
Yes No
Department
Public Works
Condensed Title
Amend Reso 2024-33030, Transferring School Board's Interest in Tatum Waterway Walkway.
PW
Page 618 of 2497
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RESOLUTION NO. 2024-33030
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE,AT ITS
MARCH 20, 2024 MEETING, AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND, SUBJECT TO THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA (SCHOOL BOARD) AUTHORIZING TRANSFER OF THE
SCHOOL BOARD'S INTERESTS,ACCEPT A DEED FROM THE SCHOOL BOARD
TRANSFERRING THE SCHOOL BOARD'S INTEREST IN THE TATUM
WATERWAY WALKWAY AND SURROUNDING AREA LOCATED OUTSIDE OF
THE PERIMETER FENCE OF BISCAYNE BEACH ELEMENTARY SCHOOL
(SITE), WHICH MEANDERS ALONG THE WESTERN AND SOUTHERN
PORTIONS OF THE SCHOOL PROPERTY, SO THAT THE CITY WILL SECURE
THE REQUISITE PROPERTY RIGHTS TO IMPROVE THE WALKWAY,
CURRENTLY IN DISREPAIR, AND INCLUDE THE PORTION OF TATUM
WATERWAY ADJACENT TO THE SITE AS PART OF THE CITY'S LIVING
SHORELINE PROJECT;AND FURTHER AUTHORIZING THE CITY MANAGER TO
PERFORM ANY REQUIRED DUE DILIGENCE AND EXECUTE ANY DOCUMENTS
OR AGREEMENTS REALTED TO THE ACQUISITION OF THE SITE.
WHEREAS, the Tatum Waterway Walkway ("Walkway"), also known as Crab Alley, is a
small, asphalt-paved walking and biking route that connects Park View Island to 77th Street and
offers beautiful, secluded canal views, and small fishing spots along the entire Walkway; and
WHEREAS, the Walkway is contained on a portion of the land located outside of the
perimeter fence of Biscayne Beach Elementary School (School), which meanders along the western
and southern portions of the School property, and is bordered on the west side by Tatum Waterway
(the "Site"), as more particularly described in the sketch prepared by Longitude Surveyors, a copy of
which is attached to the City Commission Memorandum accompanying this Resolution; and
WHEREAS, In its current state,the Walkway faces challenges such as broken sidewalks and
overgrown vegetation (overgrown roots of trees, which are lifting the asphalt) and the City's Public
Works Department would like to include funding to repair the Walkway in the capital budget for Fiscal
Year 2025; and
WHEREAS, the City's Public Works Department would like to develop the portion of the
seawall adjacent to the Site as part of the City's Living Shoreline Project,which Project will be funded
from the capital budget for Fiscal Year 2025; and
WHEREAS, therels a segment of the Site which is jointly owned by the City and the School
Board of Miami-Dade County(the"School Board"); however,a signifant portion of the Site is owned
solely by the School Board; therefore, the consent of the School Board would be required to develop
any portion of the Site; and
WHEREAS, discussions between the City Administration and Miami-Dade County Public
Schools ("School District")staff have been ongoing concerning a possible conveyance of the School
Board's interests in the Walkway to the City, with the clear understanding that such a conveyance is
subject to the School Board authorizing the transfer of ownership at a regularly scheduled School
Board meeting, and the City Administration and School District staff continue to discuss this initiative;
if the City Administration and School District staff are able to finalize terms and conditions of the
proposed transfer of title, it is anticipated that School District staff will recommend to the School
Page 622 of 2497
Board, at a future School Board meeting, that it transfer its interest in the Site to the City; and
WHEREAS, at its January 31, 2024 meeting, the City Commission approved a referral to the
Public Safety and Neighborhood Quality of Life Committee ("Committee") to discuss renaming the
"Tatum Waterway Walkway"to Tatum Waterway Nature Trail"and consider proposed improvements
to revitalize the trail, which matters were discussed during the March 20, 2024 Committee meeting;
and
WHEREAS, at the March 20, 2024 Committee meeting, the City's Public Works Department
also discussed the fact that the City Administration had been involved in ongoing discussions with
the School District regarding the possible conveyance of the School Board's interests in the Walkway
to the City, and at that meeting, the Committee recommended in favor of approving all of the matters
discussed; and
WHEREAS, the Administration will be submitting the renaming of the Tatum Waterway
Walkway to Tatum Waterway Nature Trail pursuant to a separate City Commission agenda item; and
WHEREAS,the City Manager recommends accepting the recommendation of the Committee
and authorizing the City Manager to perform any required due diligence, such as securing a survey
of the Site, retaining the services of a title agent to insure title to the Site; and further authorizing the
City Manager to execute any documents or agreements related to the acquisition of the Site.
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept
the recommendation of the Public Safety and Neighborhood Quality of Life Committee, at its March
20, 2024 meeting, and authorize the City Manager to negotiate, and subject to the School Board of
Miami-Dade County, Florida (School Board) authorizing transfer of the School Board's interests,
accept a deed from the School Board transferring the School Board's interest in the Tatum
Waterway Walkway and surrounding area, located outside of the perimeter fence of Biscayne
Beach Elementary School (Site), which meanders along the western and southern portions of the
School property, so that the City will secure the requisite property rights to improve the Walkway,
currently in disrepair, and include the portion of Tatum Waterway adjacent to the Site as part of the
City's Living Shoreline Project; and further authorize the City Manager to perform any required due
diligence and execute any documents or agreements related to the acquisition of the Site.
PASSED AND ADOPTED this /5- day of /274' 2024.
MAY 2 1 2024
Steven Meiner, Mayor
ATTEST: _ �g ;5,�,,� i
.t
s 1 '
i
1.,t4 ORP OftA'E4 i
Rafael . do, Secretary ,,R °'--
APPROVED AS TO
FORM&c LANGUAGE
Sponsored by Commissioner Laura Dominguez • OR EXECUTION
Co-Sponsored by Commissioner Joseph Magazine #> We? 7.0z4-
Cit t ey / Oa Ce
Co-Sponsored by Commissioner Tanya K Bhatt
Page 623 of 2497
5/9/24, 11132 AM Item Coversheet
fl
,R€solutions-C7 S
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rickelle Williams, Interim City Manager
DATE: May 15, 2024
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND
NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS MARCH 20, 2024 MEETING, AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND, SUBJECT TO THE SCHOOL
BOARD OF MIAMI-DADE COUNTY, FLORIDA (SCHOOL BOARD) AUTHORIZING TRANSFER
OF THE SCHOOL BOARD'S INTERESTS, ACCEPT A DEED FROM THE SCHOOL
BOARD TRANSFERRING THE SCHOOL BOARD'S INTEREST IN THE TATUM WATERWAY
WALKWAY AND SURROUNDING AREA LOCATED OUTSIDE OF THE PERIMETER FENCE OF
BISCAYNE BEACH ELEMENTARY SCHOOL (SITE), WHICH MEANDERS ALONG THE
WESTERN AND SOUTHERN PORTIONS OF THE SCHOOL PROPERTY, SO THAT THE CITY
WILL SECURE THE REQUISITE PROPERTY RIGHTS TO IMPROVE THE
WALKWAY, CURRENTLY IN DISREPAIR,AND INCLUDE THE PORTION OF TATUM WATERWAY
ADJACENT TO THE SITE AS PART OF THE CITY'S LIVING SHORELINE PROJECT; AND
FURTHER AUTHORIZING THE CITY MANAGER TO PERFORM ANY REQUIRED DUE
DILIGENCE AND EXECUTE ANY DOCUMENTS OR AGREEMENTS RELATED TO THE
ACQUISITION OF THE SITE.
RECOMMENDATION
The City Manager recommends accepting the recommendation of the Committee and authorizing the City Manager to perform any
required due diligence, such as securing a survey of the Site, retaining the services of a title agent to insure title to the Site; and
further authorizing the City Manager to execute any documents or agreements related to the acquisition of the Site.
BACKGROUND/HISTORY
The Tatum Waterway Walkway ("Walkway"), also known as Crab Alley, is a small, asphalt-paved walking and biking route that
connects Park View Island to 77th Street and offers beautiful, secluded canal views, and small fishing spots along the entire
Walkway.
The Walkway is contained on a portion of the land located outside of the perimeter fence of Biscayne Beach Elementary School
(School), which meanders along the western and southern portions of the School property and is bordered on the west side by
Tatum Waterway (the "Site"), as more particularly described in the sketch prepared by Longitude Surveyors, a copy of which is
attached to the City Commission Memorandum.
In its current state, the Walkway faces challenges such as broken sidewalks and overgrown vegetation (overgrown roots of trees,
which are lifting the asphalt) and the City's Public Works Department would like to Include funding to repair the Walkway in the
capital budget for Fiscal Year 2025.
The City's Public Works Department would like to develop the p&rtion of the seawall adjacent to file Site as part of the City's Living
Shoreline Project, which Project will be funded from the capital budget for Fiscal Year 2025.
There is a segment of the Site which is jointly owned by the City and the School Board of Miami-Dade County (the"School Beard").
However, a significant portion of the Site is owned solely by the School Board, therefore, the consent of the School Board would be
required to develop any portion of the Site.
Discussions between the City Administration and Miami-Dade County Public Schools ("School District") staff have been ongoing
concerning a possibie conveyance of the School Board's interests in the Walkway to the City, with the clear understanding that
such a conveyance is subject to the School Board authorizing the transfer of ownership at a regularly scheduled School Board
meeting, and the City Administration and School District staff continue to discuss this initiative. If the City Administration and School
District staff are able to finalize terms and conditions of the proposed transfer of title, it is anticipated that School District staff will
recommend to the School Board,at a future School Board meeting, that it transfer its interest in the Site to the City.
At its January 31, 2024, meeting, the City Commission approved a referral to the Public Safety and Neighborhood Quality of Life
Committee ("Committee") to discuss renaming the "TatumtuWay Walkway" to Tatum Waterway Nature Trail" and consider
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proposed improvements to revitalize the trail,which matters were discussed during the March 20,2024,Committee meeting.
At the March 20, 2024, Committee meeting,the City's Public Works Department also discussed the fact that the City Administration
had been involved in ongoing-discussions with the School District regarding the possible conveyance of the School Board's
interests in the Walkway to the City, and at that meeting, the Committee recommended in favor of approving all of the matters
discussed.
The Administration will be submitting the renaming of the Tatum Waterway Walkway to Tatum Waterway Nature Trail pursuant to a
separate City Commission agenda item.
SUPPORTING SURVEY DATA
Results from the 2022 Resident Survey related to the City's perception and satisfaction show an overall approval of 67.4%, and
rated the City as a good place to live.
FINANCIAL INFORMATION
No fiscal impact.
CONCLUSION
The Administration recommends accepting the recommendation of the Committee to authorize the Interim City Manager to perform
any required due diligence, such as securing a survey of the Site, retaining the services of a title agent to insure title to the Site and
further authorize the Interim City Manager to execute any documents or agreements related to the acquisition of the Site.
Applicable Area
Middle Beach
Es this a"Residents Right to Does this item utilize G.O.
Know"item,_pursuant to lastnitfun ?
C.Code Section 2-14?
Yes No
Strategic Connection
Prosperity-Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination.
Legislative Tracking
Public Works
Sponsor
Vice-Mayor Laura Dominguez
ATTACHMENTS;
Description
0 Sketch
0 Resolution
776
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