Welcome to the City of Miami Beach Commission Chambers.

We're glad to have you with us today.

If you require ADA assistance or accommodations, please notify the city clerk or any staff member, and we will be happy to assist you.

We'd now like to introduce our City of Miami Beach elected officials and leadership.

Mayor Steven Miner.

City Commissioners, Kristen Rosen Gonzalez, Laura Dominguez, Alex J.

Fernandez.

Tanya K.

Bott, David Suarez.

Joseph Magazine, City Manager Eric Carpenter.

City Attorney, Ricardo J.

Dopico.

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This is the one.

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We are going on air in five, four, three, two, one.

Sounds like it's good morning.

And welcome to our commission meeting of September 3rd.

We're going to get started.

I'm going to ask our city clerk, Rafael Granado to give us any uh instructions.

Morning, everyone.

During this hybrid special commission meeting, the city commission is physically present in the City Commission chambers on Miami Beach City Hall, 1700 Conventional Center Drive, third floor.

The public is divided to attend the meeting virtually.

However, members of the public who wish to attend the meeting or provide public comments in person may appear at the commission chamber to participate or provide comments virtually during the commission meeting.

The public may join the meeting by visiting the Zoom app on their smart device or on the web at Zoom.us or by telephone at three oh five two two four nineteen sixty-eight.

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Again, the webinar ID is eight one three nine two eight five seven six seventy-one pound.

Members of the public wanting to speak virtually on an item during the meeting must click the raise hand icon of using the Zoom app or press star nine on the telephone to raise their hand.

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Thank you so much.

Thank you, Ralph.

I'm going to ask uh we're going to start with our invocation as we always do, and ask Pastor Kip Nelson from St.

John's on the Lake to lead us with words of wisdom and motivation.

Good morning, Mayor and members of the council.

My name is Reverend Kip Nelson, and it is a ple a privilege and an honor to stand here with you all today.

And I greet you this morning not only as a religious leader of this community, but also as a resident of this beloved city.

And I stand before you all this morning with a heavy and broken heart due to the ongoing violence, prejudice, and division plaguing our country and world.

So much of what we are witnessing across our country and across the world.

It's antithetical to everything within my faith tradition.

As a fellow United Methodist pastor writes, love will continue to be our source, our means, and our destination.

And that our work as humans in this life isn't finished until that love is known and experienced by every person around us.

So this is my deepest desire and prayer for us today.

That love might guide our every decision and every action that we take in this city.

Great God of love and justice.

And to have compassion on all those who suffer.

So today I pray that we might remember those who suffer in our midst.

And take action as if they are very members of our family.

Because we are one human race.

Let us remember those being targeted by hatred and prejudice of any kind.

And utilize every ounce of power we have to protect those in harm's way.

May we learn to see the diversity represented here in our city and across the world, not as something to fear, but as something to cherish, value, and to learn and grow from.

Help us to see one another as beloved neighbors and siblings.

And grant us the courage and the will to act when any one of us has been harmed or is in harm's way.

At such a time as this, empower these elected officials and every resident of this city to act in love until love becomes our reality.

May this city of Miami Beach continue to stand as a beacon of love, inclusivity, and belonging for all our human siblings.

Amen.

Thank you, Reverend.

And as you were speaking, you gave me an idea in the spirit of unity, inclusive, inclusiveness, and togetherness.

Why don't we all say the Pledge of Allegiance together?

I guess maybe our commission will start it off, but please we could all say it together.

I pledge allegiance to the flag of the United States of America.

One nation, another God, indivisible, and just as well.

Thank you.

Our city manager mentioned he uh he would like to uh make an announcement.

So, Mr.

Mayor, I just wanted to let you know, as you were all copied on an email that I just sent out within the last 15 minutes.

Um I have in fact submitted the request for the administrative hearing to the Florida Department of Transportation in regards to our crosswalk aesthetic treatment on 12 and Ocean Drive.

I know that's going to be a topic today, and I just wanted to make sure that everybody was aware that we did not want to miss the deadline for submission of this, and so it has gone out.

Thank you, Eric.

We're gonna start the uh Sutnik hour.

Morning, everyone.

If you wish to speak, please approach the podium.

You have two minutes.

I request that you state your name, address.

Go ahead, sir.

Start, please.

Go ahead, please.

Okay.

Bob Kunst, 525 West 49th Street, native of Miami Beach, 83.

Jewish activists and gay activists, and wanting to remind you that uh this is the holy land of gay rights.

It isn't New York or California, it's right here in Dade County.

And Miami Beach always voted with us, went through five elections between 1976 and 1981.

And we won.

So I want to make a statement about what's happening with this uh Hosea on the rainbow flag stuff on the beach on the street.

We need to clean up all graffiti, all blight, all trash.

We're coming up to the 250th anniversary of America.

We're gonna be sponsoring and holding court with the World Cup.

The Olympics is right around the corner, and it's gonna be our 50th anniversary since we did the revolution on emotional sexual liberation out of Day County that was benefiting the whole country and the whole world.

The last thing we need is to think that we're honoring the gay community with all the trucks and vehicles and crap that's on the street.

It's mind-boggling.

What an absolute slap in the face.

My suggestion is, and I would like to meet with all of you about it.

Hey, there's plenty of opportunities for people to express who they are.

Do it on your home, your business.

You could get a blank wall from somewhere, get permission, do a real work of art, not the crap on the streets.

How about wearing it on your clothing, put it on your car?

What is your problem that you have to steal from the government and then claim that you're the victim?

It's mind boggling to be put in this position, and that anybody disagrees with you has to be anti-gay.

I want to tell you, thank you, sir.

The time is up, sir.

Just to finish.

One person with my sign.

I was out there.

And he said, I hope you get run over.

That's your mentality here in Dade County.

What a tragedy.

Thank you, sir.

Our next public speaker is going to be via Zoom.

It's Johan Moore.

Mr.

Moore, you have two minutes.

Please state your name, address.

And please go ahead.

Good morning, Johan Moore.

717 Jefferson Avenue.

I want to first address a concern on behalf of Meridian Court community.

This is not before you today.

But it may come before you.

This is not on behalf of Meridian Court community, but simply a personal comment.

I, in fact, urge the commission to refuse to remove the rainbow sidewalk and to cease purchasing bonds from a genocide indicted foreign regime and use that money instead to plug the gap in federal and state transportation funds.

Thank you very much.

I'll just remind everyone listening that the individual who just spoke has been officially censored by our commission.

Go ahead, ma'am.

State your name, address, and you have two minutes.

Good morning, everybody.

My name is Sophie Ringel, uh, 2395 Lake Pan Coast Drive.

Thank you so much, Commissioner and Mayor, for allowing to speak today.

I'm here to support an item sponsored by Alexander Fernandez, Commissioner Alexander Fernandez.

It would be a ordinance to ban confetti and plastic flower pedals on our beaches.

I brought uh some that we find uh at our beach cleanups.

This was just one proposal where an entire team tried to capture them as quickly as possible before they fly into our waterway.

We additionally recently hosted a beach cleanup with our police department and police athletically.

Uh Alexander Commissioner Fernandes uh uh joined this one too, where we found it also in a significant amount of confetti and glitter along the dunes.

Our seabirds and wildlife, they ingest it, they think it is food, especially all the shimmery stuff.

Um these flower pedals, they might look pretty, but they're also made out of plastic polymers, which break down into microplastics that harm our waterways, our wildlife, and essentially our health as well.

We have picked up over thousands of these flower petals at almost every single cleanup, and I would encourage you to speak up for our wildlife because they don't have a voice to support the ordinance.

Thank you.

Thank you so much.

Our next virtual speaker is Sharon.

Sharon, state your name, address, and you have two minutes.

Hi, Sharon Weiss, 23381st Street.

Uh, I'm calling today uh in opposition to R5G and H, which is to incentivize school uses.

Um we have four schools in North Beach.

Uh it creates a lot of traffic.

Uh, and I believe that uh, you know, incentivizing schools and not requiring parking or having parking giveaways for school employees is wrong.

Um per the most recent census in 33141, which also includes North Bay Village.

There are fewer than 5,000 residents under the age of 18, less than 15 percent of households up here, uh less than 15% of the population is school-aged children.

So we already have four schools.

Why do we need more?

It would just be attracting people from um other parts of the county and increasing traffic.

So uh this is not something that's great for our area.

I also uh just want to follow up.

I think what uh the previous speaker, Ms.

Ringel is doing is great.

However, I'm very disturbed that our taxes, both at the local level and the county level, pay for um for uh uh uh community janitorial services and and and cleaning the beach, and yet we're incentivizing and having volunteers uh in order to to do the work of employees.

I I don't know, I think that's wrong.

I think what she's doing is right.

I think that uh it's important to keep our our our community clean, but I also think that we're already paying for it through our taxes, and the fact that we have to use volunteers to do the work of city employees and county employees is wrong.

Thank you.

Thank you.

Go ahead, please state your name.

Hi, good morning.

My name is Jennifer Byington.

My address is 6363 Indian Creek.

Um, I am here also on behalf of Clean Miami Beach, and I want to also speak under ordinance of banning glitter and plastic pedals.

As Sophie mentioned, we find them at every single cleanup.

They're super hard to get out of our environment once they're in it.

They get buried in the sand, they get spread into the ocean waters, into the dunes, and we have a very hard time getting rid of them.

Um we really seen a pickup since 2024 where they're literally at every beach cleanup.

We just hosted a beach cleanup three weeks ago on Flagler Monument Island, and they even have made it there yet.

So we are really in favor of banning this and just protecting humans and our wildlife here in Miami Beach.

Thank you.

Thank you so much.

Our next virtual caller has a screen name of iPhone, state your name, address, and you have two minutes, please.

Please unmute yourself.

Hi, my name is Carolina Bollado.

I am I live at 2939 Indian Creek Drive.

I just wanted to express my support for item R5S.

Um, the beachwalk item.

Um Beachwalk is critical infrastructure I use with my kids to get around Miami Beach.

Without it, we'd be forced onto the street, which is much less safe.

Um parents on e-bikes riding with their kids are not going to be going the speeds that have caused conflict on the beachwalk.

So I just urge you to please vote for this narrow exception that will help keep kids safe.

Thank you.

Thank you so much.

Hi, Leon C well 125 Jefferson Avenue, the courts.

Um I was walking the other day.

I walk south of fifth.

I've lived um in Miami Beach since 2013.

I recently bought my condo in 2023.

I love Miami.

I love Miami Beach.

I support everything about it.

Also, my office is South of Fifth.

And I normally walk and run every single morning along the beautiful boardwalk, all the way from South of Fifth.

You can ride your bike all the way up to Bell Harbor as well.

And I was walking my dog that day, and there was just a plethora of those red horrible plastic petals.

Now I know it starts with Amazon.

We can order all these goods on Amazon and Party City.

Um, so I you know, got down, started gathering them.

It just rained, so they're kind of sticking on the ground.

Uh my dog's looking at me, people are starting to look at me walk by, and they're just they just keep walking.

Like, what is she doing?

Why is she picking all these things up?

What a weirdo, right?

Um, so luckily we have Sophie here in our community.

Um, she also does a lot of the beach cleanups with my team, uh my health insurance team.

And I called her and I texted her.

I was like, is there anything we could do about this?

And she's like, yes, absolutely.

We'll get a team there to help clean up.

So I I gathered as as much as I could that day in in piles, right?

Sweeping them up with my hands, getting dirty.

Um, and then I did a little bit more research.

I'm like, these are these are made out of plastic.

Like I had no idea.

So just like the so many other people in in the community, they think it's they think it's pretty, it's beautiful, they're celebrating maybe love, an anniversary or you know, engagement.

Um, but we just we need to make it aware.

Um maybe it starts at the higher levels up of Amazon and purchasing these things.

It starts with also parents as well in the community and and teachers.

So um hopefully we can we can make a difference here soon.

Thank you.

Thank you so much.

Our next virtual speaker is Yadiel Diaz.

Go ahead, please.

Good morning, Mayor and Commissioners.

My name is Yariel Diaz.

I oversee government affairs at Survey Robotics, headquartered at 730 Broadway Street, Redwood City, California.

We currently operate personal delivery devices or PDDs on the sidewalks of Miami Beach.

We appreciate your leadership in considering how to regulate emerging technologies like BDDs.

It has been a pleasure to work with your public works department as we geared up for our launch.

And I'm speaking today on item R5R.

We share the city's goal of safety, accessibility, and sustainability.

Our devices are designed to operate safely on our at around three to five miles per hour on the sidewalk.

And we all operate sometimes a little faster on crosswalks to ensure safe and efficient uh passage at larger intersections.

PDPs are not just about convenience for residents, especially workers with busy schedules and those with mobility limitations.

PDDs expand access to fresh fresh meals without requiring a car or tipping.

For restaurants, PDDs provide more reliable and efficient delivery options.

They have a higher rate of delivery completion and do not require parking spaces that should remain available for customers.

For visitors, PDDs enhance dining and hospitality services with a seamless innovative experience, reinforcing the city's reputation as a world-class destination.

And it also helps to reduce congestion and vehicle emissions by replacing short car trips with safe electric deliveries.

We support this legislation and respectfully request the following amendments to Section E operational restrictions.

Adjust the proposed limit of six miles per hour to 10, which is consistent with the state statute.

Amend the three-minute idle time to no more than 30 minutes, which aligns with the city's existing public right-of-way permit requirements.

And as to the permit itself, replace the $100 fee with a flat $2,000 fee per company or operator.

Additionally, allow operators already in service a grace period to work with the administration to come into compliance.

We look forward to continuing to work with you to create this vision, and thank you for your time.

Thank you.

Go ahead, please say your name address.

I have two minutes.

Good morning, Commissioners and Mayor.

My name is Joe Saunders.

I live in 1439 West Avenue in Miami Beach.

I am a member of the city's Transportation Advisory Board, and I'm here representing a Quality Florida, Florida's largest LGBTQ civil rights organization.

I want to thank Commissioners Fernandez and Dominguez and Magazine for your resolutions on today's agenda on the future of the Ocean Drive Pride Crosswalk.

I also want to thank you all, along with Commissioners Bott and Rosen Gonzalez for attending the protest this weekend at the crosswalk.

This is a critical time, and we need your leadership.

So let's be clear about why we're all here.

Ron DeSantis is threatening to withhold millions of dollars in taxpayer taxpayer funded projects from cities, exploiting our vulnerability in the aftermath of storms, threatening to make traffic worse, and threatening projects that help all of us if you don't comply to his bigoted attacks on the LGBTQ community invisibility.

There's a word for that extortion.

It's a cowardly abuse of power and the latest in his campaign to attack the LGBTQ community.

And it's part of a broader effort effort to silence local democracy.

He's testing you.

Our local leaders, testing whether city councils and commissions and mayors can be reduced to window dressing, overridden or coerced at his web.

So here's the good news.

In the 12 cities in Florida with thriving LGBTQ communities that have Pride Street art, all leaders have committed to meeting this moment with even greater visibility to build back gayer with bigger, bolder visibility for our community.

You have an opportunity to do that today.

But we also need you to fight back.

Fight for local control and for democracy.

Cities have a statutory right to question and challenge unfair or illegal directives from the state.

You can do that in an administrative setting.

You can do that in court.

Cities like Delry Beach, Key West, St.

Petersburg, Orlando, and Fort Lauderdale, they're all pushing back.

They're all challenging.

Cities like Key West later today are filing for an injunction or going to vote on whether to file for an injunction against uh a repeal of their crosswalk in Duval Street.

Cities like Fort Lauderdale are going to court.

Plenty are filing for administrative reviews.

Please fight back.

Thank you.

Our next virtual caller is Dave Greaser.

Please state your name, address and you have two minutes.

Hello, everybody.

Thank you for hearing us today.

I would I'm my name is David Kreiser.

I live at 1754 Meridian, just across the streets.

I'm here in support of items C4S and C7AM.

I'd like to thank Commissioners Fernandez, Magazine, Bot and Dominguez for sponsoring and co-sponsoring these items and attending the protest in support of the crosswalk at 12th and Ocean over the weekends.

I would like to ask you to support these items today, but I also think that we're at a point where we need to do much more for the LGBTQ community.

The states overreach and removing this properly permitted safe crosswalk, in fact, the safest crosswalk on the other deadly crossings of that street, is one of many steps to harass the LGBTQ LGBTQ community over the last uh six years.

We need the city to take clear steps to welcome and affirm our right to live safely in our city.

We should be taking concrete steps to welcome LGBTQ visitors and making sure our local resident population thrives here.

The queer community has done much for Miami Beach over the ages.

Um many ways that the city looks, feels um, and is attractive to visitors is because of our community, and we are asking you all uh to stand up for us.

Thank you.

Thank you.

Please take your name, address you have two minutes.

My name is Carol Coombs.

I wear many hats.

I'm chair of the City of Miami Beach LGBTQ advisory committee.

I'm a full-time staff member at Miami Beach Pride, and I'm also a resident that lives a zipline away from you at 1754 Meridian Avenue.

First of all, I want to extend my gratitude to the mayor, city commissioners of Miami Beach for that leadership and commitment to inclusive inclusive inclusivity.

I also want to thank the fire department and the police who've always been there supporting the LGBTQ community so we feel safe.

One of the things I want to discuss is tourism.

I came here in 2000 in 2001 from London as part of the LGBTQ community to work for what was then Miami Beach, Gay and Lesbian Film Festival.

I actually had stamped in my passport that I was a member of the LGBTQ community and had that in my passport for seven years while I worked there.

I will tell you the rainbow crosswalk is not just a colorful landmark, it's a symbol of safety, belonging, and visibility for the LGBTQ community, and the reason why millions of visitors choose Miami Beach, because it stands for openness, inclusivity, inclusivity, diversity, and acceptance.

Tourism is the lifeblood of this community, and LGBTQ travelers are a vital part of this city's story and economy.

That crosswalk on Ocean Drive is also part of the Ocean Drive history.

And for Leonard Horowitz, who was the pastoral color architect of all those amazing iconic buildings on Ocean Drive.

Let's not forget who we are as a community, our history, and everything the LGBTQ community stands for in Miami Beach.

I want to thank you, particularly Commissioner Fernandez, for taking a stand for you, Commissioner Bat for everything that you do, for you, Commissioner Domingos, for you, Mr.

Magazine, and also for you, Christina Mongozen Gonzalez.

Thank you.

Our next virtual speaker is Larry Schaefer.

Please state your name, address, and you have two minutes.

Good morning.

This is Larry Schaefer, 233 First Street.

Number one, Commissioner Fernandez, before I talk about water quality, I've been opposed to your school use items and incentives, and I've communicated with your office.

Apparently, you have two aides, but nobody's gotten back to me.

You haven't gotten back to me.

Mr.

Tom Mooney from the planning department hasn't gotten back to me.

Mr.

William McDonald from the parking department hasn't gotten back to me either.

I am wondering why you are choosing to push school uses at this point.

Your opponent has suggested that you didn't graduate from high school.

I would like you to clear the air and tell everyone about your high school history to make sure we all have the facts so we know in this upcoming election who we're voting for.

I'm wondering why you would choose to push schools if this is the case.

As vice mayor, um, we do have, and the mayor stepped away, so that's why I'll step in.

We do have uh decorum and rules where we do not address uh somebody sitting up here by name, especially in such a manner.

So if you want to speak in generalities, uh we absolutely do not do any type of censorship, Larry.

Uh however, we do have rules that are in place.

Correct me if I'm wrong, Mr.

City Manager, City Attorney, about addressing individuals up here by name.

You are absolutely correct, Commissioner.

Thank you.

So if you wish to continue, Larry, uh, would love and always welcome your comments, but we're going to refrain from addressing people by name.

How much time do I have left?

Joe?

One minute, nine seconds.

Go ahead.

Moving on to water quality.

Sophie Ringel, you talk about glitter and class plastic petals.

We got three people talking about glitter on the beach.

Are you aware that there's feces in the Part View Island Canal and feces in the water on the beaches and feces off of the West Avenue pump stations?

Do you're really focusing on the right things?

Three people talking about glitter when we have human feces in our water.

We have police cleaning the beaches instead of county workers.

Why is that a good thing?

You know, and other folks have spoken today already about the rainbow crosswalk.

You're talking about a threat that insults the identity of just some.

And we're worried about the brown feces polluting our waterways that damage the public health of everyone.

I'm questioning priorities of all the people choosing to speak when we have a public health threat in the water.

You voted for 42 million to replace pump station 28.

That's a mid-beach south beach sewage processing station near the high school and the Hebrew school.

How much of you budgeted?

Have you given 42 million for North Beach?

63rd and Indian Creek just went hot with a score over 500.

That's because there's a sewage processing and pump right there at 63rd.

So Operation Clean Water is not working.

This is fake hustle from the administration looking for.

Go ahead, please state your name, address, and you have two minutes.

Hi, my name is Jessica Londano.

Thank you so much, everyone on the commission.

First and foremost, I support the LGBTQ community.

I you guys love you, and please don't take away our crosswalk.

However, I am here in regards to Mayor Minor's proposed memorandum, the R9V, 7 p.m.

curfew for yacht charters at Miami Beach Marina.

I myself have been running this company, the Advantage Yacht Charters for over 19 years.

Since then I've created 12,000 charters.

More than that, if anything, that's just what I have on record.

However, we have generated tens of millions of dollars of revenue for the city of Miami Beach.

My charters not only just impact local community, but we're talking about stores, restaurants, liquor stores.

I know everyone doesn't like liquor sometimes, but come on.

We also deal with restaurants, Joe Stonecrab.

They adore me.

However, the amount of money that's generated is astronomical.

It affects more than just the marina.

Hundreds of captains, crew members, service providers.

If we're limiting 7 p.m., we're limiting the ability to see the sunset to go to restaurants.

We're I understand the reasons why.

However, it's just too early.

And really would like to maybe focus more and having better operators.

More, I guess, stringent regulations, if much, but not really the timing.

Because at the end of the day, the marina's been there since the 1980s.

The new people that have been moving are the ones who are upset.

The marina's been there long enough that we know how to handle our operations.

Thank you so much.

Thank you so much.

Our next virtual speaker has a scream name of Aliyah Alaya.

Please state your name, address.

I have two minutes.

Hello, can you hello?

Uh this is Alia Villanova, and um I am a mother with a small child.

We live on South Beach at 220 Washington Avenue.

Uh we do not own a car, and our e-bike is how we get around Miami Beach.

Uh, please support R5S, a narrow safety first pilot that lets parents ride e-bikes at no more than 10 miles per hour on the beach walk with their children.

Right now, families are pushed onto streets, uh, even when a safe path does exist.

And Florida is among the deadliest states in the nation for bicyclists.

Um, this pilot is temporary and accountable with a built-in sunset and will only continue if you re-up it based on results.

The rules are simple and easy to enforce.

An adult with a child, 10 miles per hour cap, yield to pedestrians.

Traffic solutions from Miami Beach come from many small items put together to deliver real results.

Please take the step to uh for safety and approve R5S.

Thank you so much.

Thank you so much.

Go ahead, please state your name address.

You have two minutes.

Good morning.

My name is Moni Cohen.

I live at 880 Lakeview Drive, and I am the chair of the Sister Cities Project.

With me today are three members of my committee, Fred, Janina, and Sherry, and a number of others who have joined are joining us virtually.

We are here to request the placement of two display cases in the lobby of the city hall to showcase the merchandise, the items, the archives that we've worked very hard in the past year to put together on behalf of the sister cities.

And we feel that this is an incredibly important project.

And we believe it's going to be a point of interest for the residents of the city of Miami Beach to see this, in addition to just show the history behind 50 plus years of some of the cities.

So I'm very hopeful.

I believe the project speaks for itself.

I don't need to go on.

I really hope that you all agree to improve this project.

Please, thank you.

Our next virtual speaker is Valerie Navarette.

Ms.

Cavarette, say your name, address, and you have two minutes.

Good morning.

I am on Lincoln Road on the part that is under construction right now.

And I would like to say that we have a few businesses here, and they are being uh they're suffering with the construction, of course.

So I would like to request the city to put some um some ads on the outdoor road and uh showing that those businesses are open.

My convenience store, which is very convenient.

They are uh talking about closing, and this is just the beginning of the construction.

I'm afraid they are not gonna make it.

And please don't let my convenience store closed.

Uh my Panisa, the oldest mommy pop's business in the entire Lincoln Road.

Also, it's um, you know, uh threatening of uh probably closing.

So please, if you could put some signage, letting all the businesses that are here, uh, the public to know that they were open.

That would be amazing.

And uh and I thank you for that.

Uh in another note, uh, I support the LGBTQ community.

One doesn't have to be gay to support a beautiful cause.

The sidewalk is beautiful.

We need more collar in the ward.

And um, well, Sigmund Freud, the father of psychology explains that homophobics, dipping side may be um uh gay inside.

So I hope that one day they can express themselves freely.

Thank you.

Have a good day.

Thank you.

Go ahead, please, sir.

State your name, address you have two minutes.

Good morning, Mayor and Commissioners.

My name is Miles Davis.

I live at 350 South Miami Avenue.

Um I serve as Director of Advocacy and Communications for Save, which is South Florida's leading LGBTQ organization defending equality through grassroots political action, education, and public outreach.

I want to commend Commissioner Fernandez for sponsoring the Pride Street proposal and related items.

I think renaming 12th Street and raising rainbow flags are not just symbolic, they are visible commitments that affirm LGBTQ plus people belong in Miami Beach.

And I also think it's important to respond to something that was said earlier about uplifting our community as not stealing from the public, it is serving the public.

Pride papers are and flags reflect the city's values of diversity, inclusion, and creativity.

They make our streets more welcoming and send a clear message that Miami Beach is proud of who we are as a community.

Um what is really being taken from the public is the right of local communities to express themselves.

The state's directive to remove the pride pavers is censorship and it erases symbols of pride, it silences communities and it undermines home rule.

Miami Beach has always led with pride, and it must continue to do so now.

This um this is not just about pavers or flags, it is about free speech, local authority, and whether Miormani uh Miami Beach stands firm in its values.

By supporting these items, you send the message that inclusion here is visible, celebrated, and non-negotiable.

Thank you so much.

Thank you.

Our next virtual speaker is Patrick Breckscheich.

State your name address, you have two minutes.

Hello, my name is Patrick Rush.

I live at 1754 Meridian Avenue.

And uh just right across the street.

And I want to thank uh the commissioners that were there at the protest.

Um protesting for the LGBTQ community and fighting back against big government overreach from Tallahassee.

Street art has shown to been to make streets safer for pedestrians, cyclists, and motorists.

The city owned the city's own records of accidents on Ocean Drive show that the 12th Street uh the 12th Street Creek crossing is safer than the crosswalks that are surrounding it.

And um, I think it would be even cooler if we not only fight back to keep this crosswalk, but expand, make all of our uh crosswalks on Ocean Drive more colorful, it'll increase tourism.

And I think the city needs to invest in how we can uh show that we are still a safe place to visit, and this fighting back is uh one step in that direction.

So thank you.

Thank you so much.

Go ahead, please state your name, address two minutes.

Uh good morning.

My name is Nicholas Machuka at 556th Street.

A member of Equality Florida staff serving the statewide LGBTQ Civil Rights Organization.

I want to thank Commissioners Fernandez, Magazine, and Dominguez for their initiatives and leadership today on the agenda, and to those who have joined Commissioners Rosa and Gonzalez and Ba in speaking up about attacks uh on the LGBTQ community coming from Tallahassee.

On behalf of Equality Florida's 2,447 supporters in Miami Beach, I am asking you to reject this power grab from Tallahassee.

Governor DeSantis's action is the latest in his campaign to ban books, whitewash history, and attack LGBTQ people.

The Ocean Drive Rainbow Crosswalk is a visible reminder that LGBTQ people belong here, that we are seen and welcomed, and that Miami Beach values our lives.

This order is not about traffic safety.

A Florida-based study found that crosswalk art improves safety, resulting in a 10% decrease in drivers running stop signs and a 6% increase in drivers coming to a full stop.

The city of St.

Petersburg also found a 70% decrease in overall crashes after a mural was added to an intersection.

An outcome that was predicted and supported by years of research.

Regardless of the outcome, please commit to LGBTQ visibility that is of equal or greater value in order to stand firm in our values of inclusion and building a welcoming city.

Thank you to our city manager for submitting an appeal on the crosswalk.

Please use every tool uh you have to preserve visibility for our LGBTQ community and combat the state's censorship and overreach.

And also for the record, I also don't like plastic particles on the beach or feces in the water.

Thank you all.

Mr.

Mayor, we've elapsed 30 minutes already.

May we continue at one minute from now on?

Yes.

Okay, so everyone has one minute.

We have a large number of people requesting to speak.

If you wish to speak, please raise your hand if you're on Zoom, and please get on in line.

We're going to go, sir.

Go ahead.

Approximately 40 stories high.

It's under the LIV Act, which makes it difficult for the city and residents of the city to get involved with stopping the project.

Up until now, there haven't been any high rises constructed on Alton Road.

This appears that it has a really good chance of being the first.

I don't know, maybe you're in favor of it.

But if you aren't in favor of the construction of this 40-story monstrosity, that would be the first one on all two.

Thank you, sir.

I would do something to speak out against it.

Thank you.

Thank you.

Our next virtual speaker is David Sexton.

Mr.

Sexton, state your name, address, and you have one minute, please.

Hi, my name is David Sexton, uh, 30-plus year resident of Miami Beach.

I'm calling in today to say that I traveled abroad a lot this this summer and went to several different countries.

And I was asked over and over again, why are you still living in Florida?

A state that is clearly hostile to you, uh, being an LGBTQ member.

And I said over and over again that Miami Beach is an oasis and that it's always felt like home to me.

And I want to make sure that we are aware of the perception that's going out across the world that Florida is changing into something hostile to gay tourism and to people who are uh supportive of diversity, and that Miami Beach needs to stand up and support their communities, all of their communities across all sectors.

And I appreciate everything that's being done, and I hope that the commission today will support keeping the the pride crosswalk.

Thank you.

Thank you so much.

Go ahead, say your name, address.

You have one minute, sir.

Good morning.

Uh Mike Yuarente LSN Law 3800 Northeast First Avenue representing Security Alliance, Mr.

Mayor Commissioners, public safety and security is one of those things we just can't afford to get wrong.

And I fear item R2A does just that.

It takes a citywide security contract away from two large uh firms with decades of municipal experience, and it gives the entire thing to one small company with no municipal experience and no sustained meaningful presence in Miami Dade County.

We think that's a mistake.

Now we don't have anything against the recommended vendor.

They appear to have a lot of experience outside of Miami Dade County, uh, primarily in the school setting, but that is very different work.

Uh this company has no municipal experience, um, virtually no presence in Miami Dade County and just 127 security guards um firm-wide, according to their proposal.

Um we think fortunately, there is a path forward here to make sure the city continues to receive uh quality security, not only throughout the year, but during special events in particular.

Our our client security alliance was recommended for a secondary contract.

Uh unfortunately, under a secondary contract structure.

We cannot continue to put to to perform these services, uh, particularly during high impact weekends, but we uh respectfully suggest that there be two primary contracts.

Thank you very much.

Thank you.

Our next virtual speaker is Gail Durham.

Go ahead, state your name, address you have one minute.

Gail, please unmute yourself.

Here I am.

Um my name is Gail Dorm, and I live at 1504 Bay Road, and I'm a resident of Miami Beach for 20 years.

I think it's a dangerous move to invite Playboy to Miami Beach because Playboy is part of the sex entertainment industry.

I mean, I can't imagine my father coming home one day and saying, hey, mom, you know, to my mother, I joined the Playboy mansion.

I think she would hit him on the head with the with the flying pan.

Uh I'm just an average family.

Um I think everyone in Miami Beach feels the same way I do, unless you are gonna be working for the corporation.

The the the magazine and the bunny logo is not representative of the direction I would want my city to go in.

And you know, I hear these code words like Playboy is now new, it's like a lifestyle.

And you know, it's a code word.

It reminds me of Jeffrey Epstein's lifestyle.

And now I see Playboy wants to do job training, which to me is code for you know, grooming.

Has the city gone to the human rights committee to find out their opinion?

Sorry.

Uh Mr.

Rotanov, say your name, address you have one minute.

Good morning, Mayor and Mayor Commissioners.

My name is Matthew Galtanoff, and I live at 125 Jefferson Avenue.

I want to speak this morning in support of a few items.

C4A, C4D, C4P, and R5S.

E-bikes and micromobility are a growing and important transportation mode in our city, not just for recreation, but for going to work, going to school, and general transportation.

We are a leader and we can become even a safer city working together.

I think there's a lot of potential here, and I would ask you all to pass these four items today.

Thank you.

Thank you so much.

Our next virtual speaker has a screen name of Ineza's iPhone.

State your name address, and you have one minute.

Do you hear me?

Yes, go ahead, please.

Okay.

I leave at 1500 Orson Drive, and I just want to make my commissioner, the mayor, that is Spring Gray.

Please don't close any streets.

Please don't block these or close streets.

It just makes everything worse.

And also maybe a different market that will bring uh the right mix of people that you would like.

But you know, don't close the businesses either.

Just be very aware that you know the business needs to sustain himself.

And that um uh even though you've done a good job with you know controlling the crime or spring break and the violence, uh that now maybe it's time to move on and not be blocking and closing, obstructing all of that.

Thank you so much.

Thank you.

Go ahead, please state your name, address.

Uh Judasabag, 21391 Marina Cove.

I live all the way in Avon Tura but my family have been beach natives for 60 years.

I want to address item R5U, which is the sponsorship and grant restriction for entities that boycott Israel.

This measure ensures that Miami Beach's taxpayer dollars are not directed to organizations that actively engage in boycotts versus the State of Israel.

At its core, this is about values as much as finances.

Our city is known for diversity, inclusivity, and global connection, and the partnership we fund should reflect those same principles.

When we provide grants or sponsorships, residents expect that their money should be used responsibly, that you strengthen the community, build bridges, and foster cooperation, not division.

By enacting this restriction, we set a clear standard.

Miami Beach supports openness, respect, and accountability in how public resources are spent.

I urge your support if this item is a reflection of our city's commitment to fairness and unity.

Thank you.

Thank you.

Our next virtual speaker has a screen name of Glenn.

Glenn, state your name, address.

You have one minute.

Yes, hi.

Um I was I was kind of shocked to hear, and can anyone answer this?

Are are we buying like foreign bonds from uh for countries out of the United States when money could go to supporting local things?

This is kind of shocking to me.

And especially the discussion, the hot discussion is these bonds that support war efforts by other countries.

I'm very shocked about this.

And uh I don't think it's right.

It creates a political situation.

I think we're we have such a small Jewish community, and it's being broken up.

Whenever someone speaks out against erasing the Palestinian, it's anti- Thank you so much, sir.

You're out of time.

Yeah.

Uh go ahead, state your name, address, have one minute.

Good morning, Kimberly Falconer.

I'm owner of Ocean Force Adventures Historical Sightseeing and Cultural Boat Tours out of the Miami Beach Marina.

And I'm here today to oppose ordinance R5P as it is written because it's harming the good operators like myself and Mr.

Breenstein, who will be up uh in a moment.

It's doing nothing to curb the bad behavior, which is also harming our businesses.

Why?

Because the ordinance that targets this targets all commercial vessels in the marina.

The charters causing the issue are not commercial during the time of the charter due to a loophole called bear boat demise agreement.

Every customer that goes on those charters signs a contract, they own the vessel for the duration of the charter.

So it is a private owned vessel when they come back and they break the code.

That's a U.S.

Coast Guard regulation.

I urge the legal department to please look that up and correct that ordinance.

Thank you.

Our next virtual speaker has a screen name of Miami Beach.

Please state your name address, and you have one minute.

Good morning, Juan de Jamin, 8305 Crescpe Boulevard.

I am calling today to Photoshop.

I'm opposing the Playboy headquarters coming into Miami Beach.

This is not a brand.

We have to have some dignity.

We have families that come here.

And I think it will kill tourism.

Secondly, the waters uh of Miami Beach must be addressed by signage.

The city has an obligation to let his their citizens, residents know what is going on with our waters and the bacteria that it causes.

Thirdly, I think we should have a complete moratorium of all applications on new developments.

This could be done legally through the city attorney, and they could cite infrastructure, traffic, uh, and everything else that we have a problem with.

Uh I appreciate your help.

I thank you all for you so much.

Uh Liz.

Sir, go ahead, state your name, address.

You have one minute.

Uh good morning.

Dan Breitenstein, uh resident of 90 Alton Road here in Miami Beach.

Uh also an operator of a uh commercial um business out of Miami Beach Marina.

Uh we do parasiling, uh, we do fishing charters.

Um we also have a uh a tour boat that we do public and private tours on.

I've got 10 of my crew members here today.

Uh basically standing against the uh R5P um ordinance that's uh being talked about, the rollback to 7 o'clock.

Uh that's gonna affect my business drastically as far as my public and private tour.

Um we do 65% of our revenue um on our last trip of the day, and basically that trip is over by eight o'clock in the evening.

Um, as to echo my friend Kim.

Um this really doesn't address the issue with uh what's going on with the marina.

It's it's people that are bad things can happen at any time of the day at 7 o'clock.

A rule really doesn't uh do much.

Um bad behavior is gonna happen at any point during the day.

And uh we need to actually look and see how the ordinance is written as far as defining the actual what a commercial boat is compared to a bear boat.

Thank you as a rental.

Our next virtual caller has a screen name of iPhone, state your name, address, and you have one minute.

Please unmute yourself.

Yes, good morning.

State your name, address.

Go ahead, sir.

Uh yes, good morning.

My name is Sandra Casolan.

I was born um I live at 7451 Harding Avenue in Miami Beach.

And um, I'm calling uh to speak uh for two subjects that you'll be speaking about.

One is the private crosswalks.

Uh I would like you to please consider resisting uh having to uh pain over the uh the the private crosswalk.

Uh it's a symbol for the LGBT plus uh QIA uh community and uh it's been there and it was never an issue before and it shouldn't be an issue now.

And the other subject that I'm talking um calling about it has to do with uh uh I had heard that uh the Unida meals are going to be cut and uh and it had been approved recently uh to 150 meals and apparently now it's gonna be cut to 120.

I don't know if that has to do with the recent uh senior lunchroom opening on on A336th Street.

Thank you, sir.

Please consider not doing it.

Thank you.

We have now everyone who was online requesting to speak has spoken.

We're just gonna do the remainders of the line.

Go ahead, please.

Good morning, Mayor and Commissioners.

My name is Kathy OSantos, 1228 West Avenue.

I'm also executive director of Transit Alliance Miami.

I'm here to speak on a few items.

Uh first, in support of C4D.

We support creating incentives that implement bike shares through residential constructor.

This is a critical step towards providing affordable uh accessible options to car to car ownership in Miami Beach, and there's even small adjustments that could be made to make this program even stronger.

We're happy to provide those also.

R5S, we also support this uh slight adjustment to EPAC rules to run this pilot program that allows adults and children uh to drive e-bikes on the beach uh on the beachwalk uh below 10 miles an hour.

Uh this allows for safe mobility in public spaces that can be accessible to our families.

On the multiple crosswalk items, uh, one more time.

Crosswalk is not just about community culture, uh, it's also about pedestrian and cyclist safety.

Uh it's also about pedestrian and cyclist safety.

It slows down cars, it provides uh something that makes everybody safer on the street.

Thank you so much.

Thank you.

Next, please state your name address, and you have one minute.

My name is Zephragan.

I'm the CEO of Dynamic Integrated Security, the largest provider of safe school officers in the state of Florida.

I hear a gentleman before me saying making some statements about my company.

I just want to reiterate that dynamic integrated security have over 600 security officers in Florida, more than 120 in Miami date alone.

Uh some of the statements that I hear today are inaccurate.

I'm here to answer any of your questions.

And more importantly, I want to leave you with a with a thought about this.

The definition of insanity is to do the same thing over again, over and over again, and expect different results.

Um of all my officers are retired law enforcement.

I am a veteran of the IDF.

I served 10 years in the Israeli Army and Special Forces.

Um part of my team is here to answer any questions that you have.

Thank you very much.

Thank you.

Next, please.

Good morning.

My name is David Gregora.

I live at 8031 Northwest 8th Street, and I am the operations manager of a charter boat that operates out of Miami Beach Marina.

Um we operate under the purview of the United States Coast Guard.

We're an inspected vessel.

And in regards to the curfew that is being discussed.

Thank you.

Thank you.

Next, please.

Good morning, Commissioners.

Good morning, Mayor.

Um, my name is Ida Lucina, uh, 1900 North Bay Shore Drive, Miami, Florida.

Um, before I speak about the topics I'm here for, um, and after having just learned about it, I I do want to express my support for the LGBTQ community.

I'm here to speak on topics uh RP, sorry, R5P and R5Q and R9.

They aim to further restrict operating hours for charters out of the main beach marina and force all pickups and drop-offs to take place from the loading dock.

First, let me state that I am aware that a couple of years ago there were too many charter vessels and too many bad operators.

Today, however, the number of vessels has halved and the number of bad operators has been reduced to an absolute minimum.

Uh, the last of which can be addressed with ease.

As a result, compliance with rules and regulations isn't as high as it's been in the last five years.

And with this under consideration, I'd like to understand what problems are we trying to solve and what problems are these new measures trying to solve.

Um, unfortunately, these measures are going to harm good operators, uh, and they will endanger pickups and drop-offs.

Thank you so much.

Let's engage in the dialogue.

Thank you.

Thank you, Mayor.

This concludes Satan.

Okay, thank you very much, everyone, for uh your comments, and uh it's important to hear from from the public.

Let's get to the agenda.

And I and obviously the fact that we extend the subject, and we've been I guess we've been having a lot of speakers and callers, and we've been routinely extending it, and I think it shows the importance uh of hearing from everyone.

Um second reading items uh on the agenda.

Let's start with R5A.

Mayor may we do the consent and uh I'm sorry, yes.

Let's do it.

Okay, so the following items have been separated from consent.

We'll provide you a list shortly.

Mayor Minor is separating C7M as in Mary.

C7M.

Commissioner Bott is separating.

Yeah, it'll be in a minute.

We'll provide you one shortly if you if you wish.

C7M as in Mary.

That was Mayor Minor.

Commissioner Bott has separated three items.

C7AC, C7AI.

C7AJ.

I'm going to repeat those.

C7AC, C7AI, C7AJ.

Commissioner Fernandez is separating two items.

C7D and C7C.

Again, C7C, C7D.

Commissioner Magazine is separating one item.

C7AE.

Again, Commissioner Magazine, C7AE.

Commissioner Rosen Gonzalez is separating one item.

C7A.

Again.

Commissioner Rosen Gonzalez, C7A.

And Commissioner Suarez is separating one item, C7AF.

C7AF.

Those are the items that are being requested to be separated.

I move the remainder of the agenda.

Excluding the separated items and also the mayor will be approving the uh addendum items to be heard later after 5 o'clock.

So excluding addendum items and consent and the separated items.

So I have a motion by Commissioner Fernandez, seconded by.

Seconded by Commissioner Bott.

All in favor, please say aye.

Aye.

Any opposed?

Hearing none, the item is approved.

Consent.

As I was saying, R5A.

Give me one second.

I'm sorry, did you say R7 Mayor or R5?

R5.

R5A.

Okay, R5.

R5A is an order for the mayor, so the Commission of the City by Beach Florida amending Chapter 70 of the Code of City of My Beach entitled miscellaneous offenses by amending Article 2 entitled public places by amending Division 2 entitled bicycling skateboarding, roller skating, in skating, motorized means of transportation, electric bicycle, mopeds, motorcycles, motorized bicycles, and motorized scooters.

By amending section 70-66 in title definitions by clarifying the definition of motorized means of transportation, and by amending section 70-67 entitled Prohibited Activities by prohibiting motorized means of transportation on Miami Beach promenade and providing for repealer subability codification and an effective date.

This is a second reading public hearing.

It is item R5A.

So it's my item, it's consistent with our regulations of electric bicycles on the beachwalk.

It has the support of the Mid Beach Neighborhood Association.

I'll move the item.

And I'd like to be listed as a co-sponsor.

Co-sponsor, Commissioner Lennon?

Yes, sir.

It is a public hearing.

I see no one on Zoom requesting to speak, and no one in the audience requesting to speak.

May I call the role?

Yes.

Of motion by Commissioner Fernandez, seconded by Commissioner Bot.

Commissioner Fernandez is being added as a co-sponsor.

Vice Mayor Magazine.

Yes.

Commissioner Dominguez.

Yes.

Commissioner Suarez.

Is absent.

Commissioner Bott.

Yes.

Commissioner Fernandez.

Yes.

Commissioner Rosen Gonzalez.

Commissioner Rosa Gonzalez?

Yes.

Mayor Minor?

Yes.

Motion carries the item is approved.

That was item R5A.

And Commissioner Suarez is a yes.

R5B, as in boy.

R5B is an order to the mayor city commissioner of City of Miami Beach entitled amending chapter 18 of the City Code entitled business by creating Article 20.

Entitled police cost recovery by creating section 18-950 thereof and title recovery of costs for failure of responsible persons to appear on behalf of businesses.

By authorizing the recovery of all costs or a minimum service fee in lieu of the recovery of all costs incurred by the city's police department under circumstances in which a criminal prosecution is null process, abandoned, dismissed, or otherwise unsuccessful as a direct result of the failure of a responsible person to appear in court.

Proceedings on behalf of the owner or operator of a business establishment.

Commissioner Bott's item.

We would like to break that cycle.

So Mark, if you want to talk about the very minor change that we tweaked between first and second, please.

Yeah, sure, Commissioner.

Based upon you know your feedback and from your colleagues, we added two words, victim and.

So what it does is now when a business is the victim and the reporter or complainant about a crime that occurred in his premises, only then can they be held responsible for police cost recovery if someone a responsible person fails to appear in court.

And what that accomplishes is the following.

We're ready.

Sounds like a question later at least we're going to be able to do that.

So we uh we're back at the uh commission meeting.

We um one of our reserve officers had a medical emergency.

He is conscious.

Um so thankfully it appears he'll be okay, but obviously uh needed to be attended to.

Um so we we went offline while uh while he was being uh attended to.

I think it's a good time to recognize and uh say thank you to our police department, our fire department, our first responders for all they do.

Generally it's for our residents and our visitors.

Generally it's for our residents and visitors, and uh today it was uh responding to uh to one of their own, to one of our own.

So uh very proud of our uh our police and fire departments.

And thank you.

And hopefully uh we'll pray for the officer, but it does appear he'll be okay from what I'm being told.

Um where were we, Mark?

Uh item R5B.

I think I was just explaining we added the words victim and it used to be if a business was uh at first reading merely the complainant to reporter, they could be held responsible for cost recovery by adding the words victim and now if they call on behalf of an individual who's victimized or in their store, they shouldn't have any hesitation because they would not be responsible for cost recovery because they would not be the victim.

Um so I think it's a good addition by the commissioner.

So um, and just to reassure and remind everybody that there will be an education period so that people will know um that this is happening, so nobody will be blindsided, but with that I would move the item.

And Mark, is this hold um this hold true for our municipal prosecution cases and the cases that would be brought by the state attorney's office?

Yes, it does, Mayor, absolutely.

Okay.

So uh Commissioner Rosa Gonzalez Um I wanted to speak on this item after and explain what it is to people.

Um we have a lot of shoplifting cases and people don't want to prosecute them.

They're very difficult to prosecute because when they get to court, um the stores that were shoplifted or the businesses that were shopped with, they don't show up.

And when they don't show up to court, we cannot prosecute.

And I'm a firm believer that part of the reason many of our retail businesses have left Miami Beach is because of shoplifting.

So to me, this is very important.

Now the one thing I would like to ask Commissioner Bott on this, is that we are passing the onus on.

If the store that calls in the crime um does not show up to court, they're gonna be fined 250 dollars.

Could we make this a one-year pilot program and look at the data one year later?

Because if the stores get angry and stop calling in uh crimes, or we see an increase in shoplifting because they just decide, you know what, we don't want to be fined the 250 dollars.

We're just not going to react at all.

Maybe we could just in one year revisit this and see what the statistics are, see what the feedback is from our uh retail community.

I think that that would go a long way.

Would you consider that?

Yeah, I mean, obviously that would be up to you all, but I think it's unlikely that a business would refrain from calling police where they're victimized.

I mean, because the reason where they they they don't show up now sometimes to court is because the police arrest the bad guy, they get back their sunglasses or whatever property, and they're like, you know, why bother sending someone to court?

But if they were to forego calling police, not only will they get their property back, but it would then be known by that individual and other individuals that person associates with that this store doesn't call the police.

So go in and take what you want and head on out.

So I I think it's unlikely, but certainly whether it's a pilot program is it's for you all to decide, not me, so that's that's totally your call.

Can we give a notice the first time before we send the 250 dollar fine so that they understand that we mean business?

Yeah, and absolutely.

And like Commissioner Bot said, there will be an education period and it's always in the chief Chief Jones's uh discretion whether to to charge the $250 cost recovery or not, or even go for a full cost formula for a repeat violator, but yes.

Okay.

So I sponsor this because I think it's really important for everyone to know that you cannot come to Miami Beach and shoplift because we are going to prosecute you and the businesses that don't show up to court are going to get fined.

This is not anti-business, it's actually pro-business, and we want to attract retail and say, come back to Miami Beach because we're going to react.

So it's a part of the motion.

So likewise a co-sponsor.

It's uh it's a good item.

One of the issues that we grapple with, and this is just one of them is making sure our cases get prosecuted.

Um we have a lot of tourism here, so you know, Mark and Mark, you and I have talked a lot about if there's uh if there's a battery, sometimes it's it's difficult because let's say they get into our drunken fight, but the person lives in Alabama, they're not coming back here to uh to testify.

So those are um those those those can be those can be challenging, and then we have issues sometimes where the uh and we've seen some recent cases where the judges are are uh releasing people on their own recognizes despite being arrested numerous times.

So this uh this is a good measure.

I actually wanted to call the chief up to to address because I I had seen some numbers and uh certainly in certain areas of our city where shoplifting was was down, but I think this would further enhance that and and and further solidify our efforts to uh to reduce crime.

Morning, Mr.

Mayor Commission Wayne Jones, Chief of Police.

Um it will enhance our efforts, uh Mr.

Mayor and Commission.

Uh shoplifting numbers, retail theft numbers are down uh when compared to scene period last year.

I can get specific numbers for you if you can give me a couple minutes to do that.

Uh but by and large, we like this measure, uh quite frankly.

We've had a long-standing issue with some uh shops, particularly some of the major national brands, um, where they would have what they call shrinkage, people coming into store stealing goods.

They call the police, we go oftentimes make arrests, but then you don't show up to court.

And what happens to those cases they get arbitrarily dismissed.

And we believe that a lot of those folks, people committing these retail theft crimes, they do it over and over again because there's really no consequence for their behavior.

So this I think um sort of forces the operators to show up to court so we can get convictions on these these folks and hopefully put them in jail for some time, prevent them from offending again and again and again.

And I think that's uh key, and uh and I and I give you credit, Commissioner Bott, that you have discretion, for example, if it's a small business and it's a one-off that we're not looking to penalize the small businesses.

I think you hit it on the head that it's some of the larger retailers that are just making it a policy decision not to prosecute the cases, and certainly they have the wherewithal to uh to send individuals uh to test to come to court.

That's absolutely correct.

In fact, a small business uh very likely show up because they cannot carry the loss like larger corporations can.

You can't write those.

So I echo the sentiment that this is actually a pro-business item.

Well, you know, and we go we all go into these stores and we see and it's it's becoming increasingly more inconvenient for us because more and more items are behind lock and key because of these very issues, and now you got to go get an attendant.

Um and hopefully, as we continue to crack down on shoplifting, maybe those those rows will be opened up as well.

Okay, we have a motion and a second.

We do, it is a public hearing.

I see no one on Zoom and no one in the audience requesting to speak.

Uh I have a motion by Commissioner Botts, seconded by Commissioner Fernandez, as is.

May I call the roll?

Yes.

Commissioner Fernandez.

Yes.

Commissioner Rhodes and Gonzalez.

Yes.

Commissioner Bott.

Yes.

Commissioner Dominguez.

Yes.

Vice Mayor Magazine.

Yes.

Commissioner Suarez.

Yes.

Mayor Minor.

Yes.

Motion carries the item is approved.

That was item R5B.

The record R5C is being opened and continued to September 17th.

Do R5 D.

R5D is the number of the mayor city commission of the City Miami Beach forward amendmenting chapter two of the code of the City of Miami Beach and title administration by amending article three and title agencies, boards, and committees by creating section 2-28 and title procedure for removal of board and committee members.

So establish a procedure for the removal of a board or committee member and providing for repeat or qualifications for mobility and effective date.

This is a second reading public hearing.

It is item R5D.

Take it away, Nick.

Good morning, Mayor and Commissioners.

This ordinance amends chapter two of our code to create a procedure to remove uh members of the city's boards and committees.

We currently do not have a process in our code.

Um the ordinance outlines requirements to remove both direct appointees and at-large appointees.

It's been amended, it was amended at first reading to require a six-seventh supermajority vote to remove a member who is appointed by the city commission at large.

And it also provides that members of the land use boards cannot be removed on the basis of a member's vote on a particular matter.

Um Mr.

City Terry, you gave me a call you said you said you you prefer or suggest that we go back to five-sevenths on this.

Um we we generally recommend that for ordinances that require supermajority vote that the supermajority remain at five.

That is a difficult enough hurdle uh to achieve and six sevens could could make this potentially meaningless if you don't achieve um a super duper majority vote to use a term.

Is that a legal term?

That was coined yesterday during a briefing.

Um so that was just for the body's consideration.

So I don't know how my colleagues feel about this, but um I'm okay with either way.

So our first reading we passed the six seven.

Yeah, and the question is whether to go back to a five-seventh.

What's your thinking on that, Commissioner?

Um I'm gonna go with the city attorney's suggestion five sevens, but I'm not I'm married to it.

Mr.

Mayor.

Commissioner Fernandez.

I think this body has shown that that when there is merit, um, when it's necessary to take action against unbecoming behavior against behavior that doesn't reflect uh the standards that we expect uh from board and committee members.

This body speaks out, this body takes action.

Uh and this body does so unanimously.

Uh we recently did that.

I would suggest uh that removing a duly appointed member from a board or or or committee, it's a pretty significant step.

Uh I would suggest that it be a six-seventh vote.

I would suggest that it should be a a high uh a high threshold.

Um I I want to make sure that there is this check and balance.

I think this is actually very good policy because right now we do not have the mechanism to remove board and committee members.

Um, but at the same point, at the same time, I want to make sure that especially our power boards, our land use boards, DRB, historic preservation, planning board, boa, that they maintain their level of independence.

And a lot of the times these boards deal with LDR matters.

LDR matters that we adopt by a five-seventh vote.

If by the same margin that we can have voted at an LDR matter, we can remove a member of one of these boards, then I feel we are weakening the independence of these bodies, which I know is absolutely not the intent of this ordinance.

And for that purpose, I would suggest to keep that higher supermajority vote of a six-seventh vote, uh, so that we stay true to the intent.

I'm okay with that.

Uh Rick.

In in the uh one of the amended language, it says that the uh talking about the removal, it says with or without cause.

I mean we this has come up in other contexts.

I mean, realistically, is that without cause?

Is that even realistic?

Um, I think that that it it is useful in situations where maybe there's disagreement among you as to whether cause exists, but there is agreement that removal is appropriate.

Um, and it is from a legal perspective um an easier mechanism than having to establish cause.

We can be opening ourselves up to a claim that there wasn't cause and having to go down that path.

Uh this is common in employment agreements, um, so it's not something that we just came up with, and it is uh a useful tool, in my opinion.

And mayor, if I could also add, we looked at the ordinances that Miami Dade County, the city of Miami, and and Coral Gables have for removal of board and committee members, and they all provide for removal uh with or without cause.

Okay, I'll make a motion.

I'll second.

It's called the vote, and I'd like to be listed as a co-sponsor.

So I have a motion from uh Commissioner Suarez seconded by Commissioner Fernandez.

Uh Daniel is requesting to speak via Zoom.

It is a public hearing.

Daniel, you have two minutes, state your name and address, please.

Yes, hi.

Daniel Storaldo, candidate for Miami Beach Commission Group 1, 730 10th Street, Miami Beach.

As I spoke at the last hearing, I'm concerned about this in light of hearing more and more from members of the city power boards that certain commissioners are reaching out to them ex parte and uh telling them how to vote on quasi judicial projects.

So I do appreciate Commissioner Fernandez adding that higher threshold, and I also will be looking to make sure there are checks and balances so that if board members are pressured by commissioners, there's an easy way to report that to ethics or the correct jurisdiction.

Thank you.

Thank you.

And there is no one else requesting to speak in Zoom or on in the audience.

Uh again, I have a motion by Commissioner Suarez, seconded by Commissioner Fernandez, who will also be listed as a co-sponsor.

Vice Mayor Magazine.

Yes.

Commissioner Bach.

Yes.

Commissioner Rosen Gonzalez.

Yes.

Commissioner Suarez.

Yes.

Commissioner Fernandez.

Yes.

Commissioner Dominguez.

Yes.

Mayor Minor.

Yes.

Motion carries the item is approved.

That was item four.

That was items R5D.

Let's do the uh budget items.

So start with the North North Beach CRA items.

R7A, R7B, CRA1, CRA two.

So let's do first then the North Beach CRA items.

Uh we are doing CRA 1 first.

We are recessing as a commission, uh, and we are reconvening and convening as a North Beach CRA.

Commissioner Steinberg is absent.

CRA 1 is a public hearing, is adopt second amendment to fiscal year 2025, North Beach CRA Capital Budget, CRA 1.

I move the item.

A second.

So I have a motion by Commissioner Fernandez, seconded by Commissioner Bott.

It is a public hearing.

I see someone on Zoom requesting to speak.

You want to explain first, or you want me to go to the Zoom, Tamika?

I can explain.

Okay.

Okay.

If if you so this item is basically to appropriate 100,000 for an item that was approved by the city commission at the July 23rd Commission meeting, and this is to fund the Normandy fountain permanent shade system in a multiple hundred thousand dollars.

Thank you.

We have two public speakers.

The first public speaker is has a screen name.

Oh no, it's Larry Schaefer.

Please state your name and you have two minutes, sir.

Good morning.

This is Larry Schaefer, 23381st Street.

Why are we approving 100,000 for shade structures when we haven't repaired our poor water quality?

We have rust in our water coming out of the taps.

We have feces in Parkview Canal and coming up at 73rd in Ocean.

And we're spending 100 grand on shade structures.

I don't I think shade structures are wonderful there.

They're needed.

But why is there how can you get a hundred grand to cover that small space?

Who's behind this?

Is this Marguerite Ramos again getting a no-bid contract from you?

We need help with our water guy.

Please help us.

Thank you.

Our next public speaker is has a screen name of Miami Beach.

Please state your name, address, and you have two minutes.

Yes, good morning again.

One to Jamin 8305.

I oppose this uh funding to the North Beast CRA.

We got in the shades just to the fact that there's not proper procurement.

Uh we cannot pick winners and losers.

So with that, uh with the pretense that uh she gets the contract and we don't have anything else.

Anybody else that could bid on this and is unnecessary, as Mr.

Larry Schaefer just mentioned.

We have bigger problems than having shades in the Normandy Fountain.

And by the way, I requested an American flag in the Normandy Fountain, and I was denied under the my first amendment right, the right to uh petition the government, and uh I know you're gonna fight the LGBT crosswalks.

I'm going to also fight uh I'm joining the LGBT community because I also have a right to represent who I am, an American, and I I believe that we all uh create it equal and discrimination does not stand in Miami Beach.

Thank you.

Thank you.

Our next public speaker is via Zoom is David Sexton.

Please state your name address, and you have two minutes.

Hi, David Sexton, uh President of the Normand Fountain Business Association.

We do events at the fountain.

The the process for this was that Marguerite Ramos's company um offered to donate the fabric and reduce the price considerably.

I with all respect to my neighbor and friend Larry Schaper.

We can have we can be against uh poop in our water and support measures like this that will help small businesses to thrive over the summer.

We're the Normandy Fountain Business Association is really unable to do events over the summer because of the heat.

So this is all feeding into the economic development of the area, which generates tax revenue and which helps the city to support clean waterways.

These things don't exist in in a silo, and we we need to support everything together.

Thank you.

Thank you.

There is no other public speaker.

May I call the roll?

May I call the rule?

Yes.

So this is on North Beach CRA one.

All in favor, please say aye.

Anyone opposed?

The item is approved 7-0 with Commissioner Steinberg absent.

Next item is CRA two.

It is also a public hearing.

It is adopt third amendment to North Beach CRA operating budget for fiscal year 2025.

CRA2.

I move the item.

Second.

I have a motion by Commissioner Fernandez and a second item, Commissioner Bott.

If no need for explanation, then uh there's there are no public speakers requesting to speak.

All in favor of CRA two.

Anyone opposed?

Item is approved 7-0 with Commissioner Steinberg absent.

May I do the companion items?

Yes.

Okay, got it.

Oh so we're gonna do the companion item R7A is adopt second amendment to fiscal year North Beach CRA.

Hold on.

Sorry, R7A is joint public hearing, adopt second amendment fiscal year 2025 North Beach CRA Capital Budget.

This is the same.

This is the same item, it's just the city's version of the CRE's item that you just approved.

Move it.

Second.

The motion by Commissioner Bott, seconded by Commissioner Suarez.

Tamika, what's the change?

No change.

So we we just approved as a CRE board.

No, you are approving at the city commission.

So the RDA, uh all in favor of R7A.

Uh and again, there's no public speakers requesting to speak.

All in favor of R7A, please say aye.

Aye.

Anyone opposed?

The item is approved 7-0.

Now the companion item again, R7B.

It is a joint adopter and amendment to North Beach CRA operating budget.

No one is requesting to speak on Zoom or in the audience.

Move it.

Commissioner Fernandez.

All in favor, please say aye.

Aye.

Item is approved 7-0.

That was item R7B.

We're all good.

Ralph?

Yes, sir.

Okay, let's call R2A.

R2A is award RFP 2024 277 KB Security Officer Services.

R2A.

Hello.

Hi.

Good morning.

Chris Devala, Chief Procurement Officer.

This item presents a resolution to the city commission to approve the award of a contract for security officers 2024-277 KB.

The administration as recommended in the original Commission meeting, which was May 21st, 2024, maintains its original recommendation to award dynamic integrated security.

The secondary vendor, the primary contract, and Good Guard Florida, the secondary contract.

However, this item was referred to FERC and presented to FERC.

And FERC recommends substituting Good Guard, which was recommended as secondary with Security Alliance as the secondary.

Second.

So it's a motion to accept FERC recommendation.

If no further discussion on R2A, all in favor.

Aye.

Aye.

Anyone opposed on R2A?

R2A is approved, accepting the FERC recommendation 70.

Thank you.

R5L.

R5L is an orders of the Mayor and City Commissioner of the City of Miami Beach Florida, amending the code of the city of Miami Beach and titled zoning districts.

Commissioner Fernandez, co-sponsored by Commissioner Suarez.

Thank you, Mr.

Mayor.

I think many of us have driven around the city and I and seen at times buildings that look like they could have some TLC.

And this is just a simple effort to try to waive some regulations for a temporary basis to encourage our property owners to get their buildings painted, make them look good.

We're doing it on the city side with the color pallets that we're putting on our publicly owned buildings.

We're doing it on the city side uh with the color palettes that we're putting on our publicly owned buildings, but we want to make sure that our pri private property owners not only are required to maintain their their properties and the aesthetics of it, but that we encourage it.

And if we can do it by temporarily waiving some regulation, then um then I'm I I think it's a step in in a good uh direction.

So uh I move this item.

Commissioner Dominguez Thank you.

Um and I do understand the spirit of where this is coming from, but what I'm concerned is that the city administration doesn't recommend this item because the concern is that it takes away the oversight.

And if somebody wanted to neon paint something in a neighborhood, they could.

Um so I'm not sure I would be supportive of the way it's written right now.

And understood.

And I just, you know, sometimes, you know, dealing with our city administration is not the easiest process.

I know for us as commissioners it's not always easy for for our constituents, it's even harder.

Uh and uh and you know, anything that we can do to cut red tape for for our constituents, for our property owners, for for our taxpayers to help communities look better, uh to make them be more aesthetically pleasing.

Um I think we should we should be doing that, even even if it's just on a temporary basis.

Um and that's all that this is.

This is saying on a temporary basis we want to encourage property owners to freshen up their facades, make their properties look good, and just for a temporary period of time, let's just waive this just to be able to encourage it.

But I get where you're coming from.

Thank you.

Mr.

Mark?

Commissioner Bott.

Yeah, I share my colleague uh Commissioner Dominguez's um concerns.

I when I lived in Bay Shore, I had a single family house and I needed to repaint it, and I had to fix some spalling, and it took, I don't know, about and this is a long time ago before I was even an activist, let alone an elected official.

Um it took no time at all to come down the city hall, get the permits filled out, get the color approved.

Um, you know, we looked at the color chart, my color fit between one and the other, and they're like, yep, that's fine.

And you know, it just isn't a big deal.

Doing this the right way is not a is not a hurdle.

It's one of the easiest things to get approved in the city.

And I I just think that we need to um continue to have the the modicum of oversight on this that we do now.

Commissioner Rosa Gonzalez.

Okay, so if this passes, this doesn't mean that you can paint your house like bright purple or black or neon, correct?

You have to stick within the color palette.

No.

It just means can I and do I still need a permit to to paint, or can I just I mean, no, it it basically waves all overview or review of color.

So somebody could potentially paint their house pink or neon or something like that.

But if they do, they'll be in violation of the code and they'll have to repaint.

No, because the regulations are suspended for six months.

Well, I mean, I would say that what we need to do is remove the regulation, but say that we're going to enforce our palette, because you really don't want people painting, you know.

You might think that a house painted black looks great, and I might have been next door and think it looks scary like a haunted house, and that could happen.

There has to be a way to do both.

Waive the requirements, but keep our keep our restrictions so that why can't we do both?

I don't want to have to pull a permit to paint my house.

I want to use our color palette.

Um, but at the same time, I don't want people to be able to paint their homes neon.

So how can we do both, Tom?

The only way to ensure that somebody is staying within the adopted color palette is to enforce the regulation.

So if somebody now currently wants to utilize a color that's on the color chart, they don't need to pull a permit.

They can just go paint it.

Um if they want to use a different color, then they would have to get a permit.

That doesn't mean that they can, it's just that they technically would need to get the authorization.

Why don't we um Commissioner Magazine?

Tom, can you give me some background what's driving this?

Uh as I understand that there's been some instances that have occurred in the past where things are very, very close to that color palette.

Very close.

And staff goes, well.

Sorry, it's it's not within this.

So perhaps we don't throw the baby out with the bathwater, but we become a bit more flexible or accommodative, where there's middle ground between painting a house neon pink versus having a bit of ambiguity and flexibility within this color palette.

Can we somehow thread this needle where I I don't want to use the term relax, but where we are uh a bit more generous with our interpretation for what aligns with our accepted color palettes where it doesn't have to be one extreme or the other because I saw some of the examples of what was being rejected, and to my elementary I'm wow, and that is placing significant strain on small businesses.

Significant, right?

And that's what's driving this.

Um again, we want to be protective and cherish what's special and not have neon pink houses.

How can we thread this needle?

Um that's something that's difficult.

We do actually exercise a lot of discretion, particularly if somebody is proposing in color that doesn't quite line up, but the intensity is the same, and I think that's the key is if the intensity exceeds what is in the color palette, there are options for people to either see review and approval from the HPV or DRB, or they can modify that color to be more in line with it.

Um, that that's that's exactly now you're forcing someone to go to HPB or DRB for something for color that might just be a shade off.

And for us sitting here, it sounds, oh, you know, they just go to HPB or DRB.

That's bureaucracy.

That's red tape.

That's cost.

That's hiring now someone to make plans, file application, sit months in the process over being a shade off, not on our property, on the taxpayers' property.

On someone's private property that we're now saying you have to paint it this color, that's on the scale.

But if you're just slightly off on the shade, now we're gonna send you through this whole bureaucracy sitting for months of going through an additional layer of review.

I agree.

And if I could um I I hope we learn from what's going on.

And I'm not referring to the crosswalks, but X that with Tallahassee.

Okay, where if we don't show flexibility, we will get these things taken out of our hands.

Okay?

So to suggest that uh somebody that is trying to open up or continue operations of small restaurant, bad.

I mean, we throw that out so nonchalantly.

Just go to DRB, just go to HPB.

These are months and months process, cost tens of thousands of dollars.

I'm on an email this morning.

I want to rip my hair out.

Okay?

This is for a restaurant trying to open on Lincoln Road.

What we all sit up here on campaign on and say, how can we get businesses open?

And we get all this pushback from our community, rightfully said, what are you doing?

What why is Lincoln Road look like this?

This restaurant's been trying to open for three years, and there's something about a wall on the upstairs about the outer facade.

Just go back to DRB or go back to HPB.

They've already been there.

It's a two-year process.

This is one of the biggest hospitality operators in the entire world, and they want to sit here and give our city the middle finger and go, guys, it's been a lot, guys and gals, it's been a lot of fun.

Thanks, but no thanks.

We are putting up.

And it's not us.

It's not always us.

It are these regulations and bureaucracies that are in place that make such a business difficult environment.

And if we do not learn what happened through Live Local, that's going to come down on all of this stuff.

If this restaurant operator is in any way connected to the people that sponsored the live local bill in Tallahassee, and they go, look at this process that just happened.

They're going to come and say, all this historic nonsense.

This is silly.

This is silly.

This is killing businesses.

This is killing private property rights.

Get rid of it all.

And with processes like this, if we can't have a little bit of flexibility in a color palette, the same things are going to happen.

We can't just sit here and continue nonchalantly telling a small business operator, father, just go back to DRB.

It'll only be six months.

Don't worry about it.

Maybe the members show up, maybe they don't.

Maybe we'll just delay a few meetings.

This is time, this is money.

I am so sick of our city being so nonchalant about people's time.

People's time.

We need to appreciate that and respect that.

These board processes are so burdensome and the regulations and the permitting are so burdensome, it has to stop.

We have been giving a unified message up here for years about how to do so.

And we are no further along.

And it's not because of the lack of any effort.

You hear a unified voice from every single one of us.

We want it to be easier to come through and do business in the city for our businesses, our residents, and we're not making progress.

And it has to stop.

So if I have to vote to go to the extreme, where somebody can paint their house pink, then that's what I'm going to do because we can't continue with the status quo.

So I'm asking if we can find a better way to thread this needle without telling some small restaurant to go to DRB for six months.

And if we can't, then I'm going to throw the baby out with the bathwater and say, you know what?

We were forced to do that.

And it's not just a business, it's a house, it's an apartment building.

It's just there's a reason why people complain about the aesthetics of certain certain areas.

And it's because we discourage our our property owners from maintaining their properties through our regulations, through our big bureaucracy.

And to your point, it's not any of us.

Is when they go to the city administration, and the city administration tells them, oh no, just you know, just go to DRB.

Just go through another round of review through another round of this process.

Like if their time does not matter, like if their time is not money.

And that's a frustration with this.

Can I ask a question?

Yes.

Um, my question, Tom, how often do you grant requests for weird colors?

Not weird colors, but colors out of the ordinary.

Not that often.

Okay, then I'm gonna support it simply because if it does mean that you have to go.

I I mean, I pulled a print painting permit on my house before, it seemed pretty easy.

I paid the fee.

I went to planning and showed them the color, and it was it got signed off on.

But how long are you guys taking to review that?

For homes, if they're um utilizing a color that's on the color palette, they don't have to pull a permit.

Um, they just painted that color.

Okay.

If they're using a color that's slightly different but the same intensity, then that can be done online.

So all right, look, I'm willing to wave red tape.

I hear the same thing that you heard.

It's very upsetting to hear that another restaurant is having a problem opening on Lincoln Road.

We have the same problem with Salt and Straw and Cheesecake Factor.

Anybody who wants to open up, I mean, they're almost leaving because of our regulations.

So I'm gonna be supportive.

This is for six months, right?

And I'm happy to amend it for three months to test it because I don't want to have unintended consequences or uh you know, or we can study that Tom, let's you and I meet between first and second reading to determine what's the right length.

Right now it's six months.

If necessary, I'm happy to do short or two if if there is concerns from the administration.

Commissioner Fernandez, thank you for thinking outside the box.

Um when I first read it, I was hesitant.

Um, but I realized it's what you're doing and the intent, and um I do like the item, I'm gonna support it.

I've actually been looking at uh, and I'm gonna bring an item uh regarding various regulations in our permitting process that could be removed.

Um I know I'm talking with legal, I understand Commissioner Magazine is also looking at that as well, so maybe we'll join.

Uh I have a feeling we'll all probably end up joining together, but that's something I've been looking at.

And uh certainly we want to get to the point where our businesses um and our residents as well, but our businesses can open quickly and safely.

I'd like to move the item.

Second.

Uh, Commissioner Dominguez.

So is it amended to three months instead?

Or I'm gonna consider that between first and second reading.

I'm gonna understand any other concern that the administration may have that I can you know big into this before we bring it back for second reading.

Okay, how for now?

Supported for first reading, and uh also give some input to um the city administration so that we don't end up with garish colors all over the city.

Thank you, Commissioner.

I have a motion before Commissioner Fernandez, uh secondary by Commissioner Suarez.

It is a public hearing.

I have two individuals requesting to speak.

Daniel, please go ahead, state your name, address so you have two minutes.

Yes, hi, Daniel Seraldo, candidate for Miami Beach Commission Group 1, 730 10th Street, Miami Beach.

Um, you know, color palettes is sort of one of the first requirements when you're in a neighborhood or an HOA, and it's very basic and very simple.

I'm glad that the planning director was able to share with you all that you don't even need a permit to paint your house.

It's uh a little disturbing to hear some of the commentary claiming that because we're so such a difficult city, Tallahassee is taking away all our rights that couldn't be further from the truth.

Um my big concern about this proposal is that you're gonna start seeing very strange colors in the historic districts and in single family neighborhoods.

Maybe Pollo Tropicall will will uh jazz up their uh facade in in their logos or Playboy.

Um I think that three months probably makes the most sense.

But I know that Miami Beach is a city that cares about its colors, and I want to congratulate the um recent work to add more pastel to the city buildings.

Thank you.

Thank you.

Our next public speaker is uh Larry Schaefer.

Please go ahead, say your name address you have two minutes.

Larry Schaefer 23381st Street.

I just wanted to call in and say bravo to Vice Mayor Joe Magazine.

Uh if I'm gonna put that in a folder with the Joe magazine's greatest hits of speeches.

He totally gets the issues here.

He's sensitive to people who want to define the color.

So uh great job, Joe.

I loved it.

Um, one additional point.

You know, paint matters, but only so much.

We threw paint on all buildings.

Barbara Captain did it, and we had a revitalization, and we became what we are today.

I think in Winwood, I didn't think it was Mr.

Goldman, he threw a bunch of paint on murals on walls, and they created billions of dollars of value without a lot of rules.

In fact, very few roles.

They let the artists roll.

And they created a neighborhood and stole some of our time.

So I thank the commission for considering this, and thank you for listening.

Thank you.

There's no one else requesting to speak.

Yeah, call a roll.

Yes.

I have a motion from Commissioner Fernandez, seconded by Commissioner Suarez, Vice Mayor Magazine.

Yes.

Commissioner Bott.

Absent.

Commissioner Rosen Gonzalez.

Yes.

Commissioner Dominguez.

Yes.

Commissioner Fernandez.

Yes.

Commissioner Suarez.

Yes.

Mayor Minor.

Yes.

Motion passes.

Second reading public hearing is October 29th.

And Commissioner Bott is a yes.

Just approve 70.

That was item R.

Yes, in a colorful direction.

R5N, as in Nancy.

R5N is an order to the Mayor City Commission of the City of Maybe Florida, amending chapter 50 of the code of the City of Maybe Region titled Fire Prevention and Protection by Amending Section 50-10 to establish permitting fees to cover costs associated with compliance of the minimum radio strength for fire department communications in all new existing buildings as required by section 633.208, subsection 18 Florida statutes and further amending section 1-15 entitled fee scheduled by amending appendix A thereof to provide for the permitting fees and costs associated with compliance for the minimum radio strength for fire department communications is all new existing buildings and providing for repealers of ability calification and effective date.

This is a first reading public hearing.

It is item R5N.

So this is a fire department item to conform with state law.

And I'll turn it over to our esteemed chief Digna Abello.

Hey, good morning, Mayor Minor and Commissioner Staff and the residents listening to us over Zoom.

So I'm here today as your fire chief to seek your adoption of our ordinance of Florida State Statute Ordinance of 63.202 requiring bidirectional amplification systems in all buildings, 75 feet or greater.

These are lessons that were learned from September 11 that communication was very difficult for the firefighters and police officers.

Once they entered us inside a building, they were not able to communicate with commands.

And that is putting public safety in danger.

And I don't I don't think that the city should allow that or you know conform otherwise.

Basically, what the ordinance does is all pre-existing buildings, they uh have to go and get certified that there is radio communications inside, and if not, uh they need to basically it's almost like adding a Wi-Fi inside the structure, so we're able to communicate.

This is a mandate that is required in all buildings that were built after 2019.

We're already doing the work.

The problem is is we're not collecting for the work that's being done.

And we have over 900 buildings that uh in the buildings that need to get certified uh once every five years.

Commissioner Bott.

Second.

I mean, this is gonna pass easily, but just what what would happen if we didn't pass this?

Uh it's you're you're allowing someone not to conform with the law, which is a public safety of our firefighters and police officers not able to communicate with outside.

Exactly.

That's exactly the answer I thought you give, so thank you.

Uh we have a motion and a second.

Uh motion by excuse me, a motion by Commissioner Bott, seconded by Commissioner Fernandez.

It is a public hearing.

There's no one in Zoom, there's no one in the audience requesting to speak.

May I call the roll?

Yes.

Commissioner Rosen Gonzalez.

Yes.

Commissioner Dominguez.

Yes.

Commissioner Bott.

Yes.

Last Mayor Magazine.

Yes.

Commissioner Suarez, yes.

Commissioner Fernandez.

Yes.

Mayor Minor.

Yes.

Motion carries second reading public hearing is scheduled for September 17th.

That was item R5N.

Thank you.

I appreciate it.

Thank you, Chief.

R5I.

R5i is an order to the mayor, so the Commission of the City of My Beach, Florida, amending the City Code of the City of My Beach Year 2040 comprehensive plan by amending goal R L U 1, land use objective R L U 1.1, establishment of future land use categories policy RLU 1.1.11 residential slash office RO to establish requirements for non-conforming cafes serving alcohol.

I located an Alton Road providing for inclusion in the comprehensive plan, transmitted repealer servability and effective date.

This is a second reading public hearing.

The item requires five sevenths vote.

It is item R5I.

Commissioner Dominguez.

Thank you, Mayor.

So this item uh was heard and passed on second reading at the last commission meeting.

And uh Tommy can advise why we have to hear it again.

Sure.

Uh just very briefly.

After this item was adopted, um, the administration had inadvertently missed the deadline to transmit the item to the state.

So it's back before you for reapproval of the same item.

Um, and then we will be sure that we uh transmitted to the state immediately upon adoption.

I move it.

And what is the requirement to transmit it to the state?

So after something is approved uh at first reading, it has to be uh transmitted to the state within 10 days, and we had missed that deadline.

So when it was approved uh um on in July, we immediately transmitted it.

So it met the 30-day requirement.

Okay, thank you.

It is a public hearing.

I see no one in Zoom, no one in the audience requesting to speak.

I have a motion by Commissioner Bott, seconded by Commissioner Fernandez.

May I call the roll?

Yes, Commissioner Rosen Gonzalez.

Yes.

Vice Mayor Magazine.

Yes.

Commissioner Bott.

Yes.

Commissioner Suarez.

Yes.

Commissioner Dominguez.

Yes.

Commissioner Fernandez.

Yes.

Reminder.

Yes.

Motion carries the item is approved.

That was item R5i.

Call um R5R.

R5R is an ordinance of the mayor of the city commission of the City of My Beach, Florida, amending Chapter 70 of the City of My Beach Code entitled Miscellaneous Offenses by amending Article 2 entitled Public Places by Amending Division 2 and titled Bicycling Skateboarding, Roller Skating, Inline Skating, Motorized Means of Transportation, Electric Bicycling, Wolpits, Motorcycles, Motorized Bicycle, and Motorized Scooters by creating Section 70-73 to be entitled Safe Operation of Personal Delivery Devices and Mobile Carriers to impose additional local safety requirements consistent with state law and providing for repealer sub ability codification and an effective date.

This is a first reading public hearing.

It is item R5R.

Commissioner Rosa Gonzalez.

So many of you have seen the robots around Miami Beach, the delivery robots, which I'm not necessarily against.

Um on Miami Beach right now.

The company is served.

And they came to see me.

They're actually going to be wrapping our robots.

Speaking of paint colors, I asked them to wrap the robots in pastel and Miami Beach colors.

So you will soon see colorful delivery bots.

Right now they're in Miami Beach and they're in downtown Miami and they're testing these markets because this is where the highest density is.

Now we've been preempted by the state of Florida as to how many robots can be on our streets.

So technically, if they wanted to add 50 more, 100 more, 100, you know, 150 more.

Uh they could.

But we would like to work with these companies, and we do have the right to create a set of regulations.

So I know that the CERF called in this morning and said that they would like to make some amendments to this, including allow the bots to go up to 10 miles per hour with a 30-minute idle time and a $2,000 fee with a grace period for compliance.

I'd like the people from CERF to know that I have no problem with a grace period for compliance or raising the fee to $2,000.

That's fine if you want to operate uh the bots in our city.

Um between I have first and second reading, correct?

So between first and second reading, I will I'd like to meet with SERF and um talk about the 10 miles per hour, because that seems pretty fast.

I'm not sure.

I've actually seen people on the streets kind of bump into the robots.

So if they're going really fast, that could be a problem.

Also, um, I'm not sure about the idle time.

Sometimes a bot is stuck at a street because our street lights aren't synchronized.

So I saw one poor delivery bot stuck on West Avenue for like 10 minutes.

I felt kind of sorry for whoever's delivery it was because they just couldn't cross the street for whatever reason.

So we have some kinks to work out.

I propose to work them out between uh first and second reading, and I think that this is a positive way that we can regulate our streets to make sure that as we move into this robotic tech AI era that you know uh people still come first, and so does public safety.

So that was the intent and spirit of this, and um with that I would move the items.

Commissioner Magazine.

Yeah, think uh Commissioner Rosen Gonzalza.

I I personally don't love these uh robots, and I think it's the peak of irony sitting here talking about uh public safety in our roadways and talking about paint versus these robots that are somehow uh allowed.

Uh that being said, we are preempted, and we can't do much.

So to the extent where we're able to put some safeguards in place at a local level, I I view that as positive.

I'm indifferent uh as to what they are, and I'll let you lead the charge on that.

But um not voting yes because I love these, it's because we can't do other things for it, so we might as well make these as safe as we can at a local level.

Commissioner Rose Gonzalez.

Well, when I heard that we couldn't control how many were on our streets, I was not very happy about it.

And this is a preemption that I find incredibly um intrusive.

But that said, I think these regulations go a long way, and we could possibly get the next cycle.

It it is what it is, but we're we're gonna have an ordinance in place, and I think that people will come first on our sidewalks.

And so far, I believe we only have 50, but you see them all over.

When they add the additional 50, and those additional 50 are coming soon, um, there's going to be bots uh everywhere.

So I agree with you.

We're gonna make sure that our bots are colorful and um Miami Beach delivery bots, and hopefully we're not gonna get the big delivery bots because we've seen the small ones, but I saw one as big as a dumpster.

Uh so they can get really big.

So I would hope, but some of them are cute, like when they blink their eyes, there's something cute about it.

But I mean, you look, I agree with you, Commissioner Magazine, and that's why we're creating this set of regulations.

What's the current speed that they operate?

I believe six miles an hour is what they indicated, five to six miles, but when they go over crosswalks, they speed up to ten.

I saw a little kid jumping in front of it.

It actually was it was pretty good.

It try to avert the kid and the kid got uh gone.

But what can you explain to me?

Maybe it's Roberts what what we have jurisdiction to regulate and what we don't, and we're preempted.

Sure, Rob Rosenolves of the city attorney's office.

We are preempted from just about everything except for additional safety regulations other than the ones that the state has already adopted, uh, which uh have to do with pedestrian safety and uh and things of that nature.

So the regulations that we have proposed here are uh either supplemental to or clarifying what is already regulated in state law.

Uh we add in uh a permit requirement and so that the permit uh it is the is how we enforce all of the requirements that we're putting in place through this ordinance, like that you have to have the pennant on the uh on the robot so it can be seen, that it has lights so it can be seen, uh that it goes a certain speed, so it doesn't uh sit on the sidewalk for a certain amount of time.

And we have received the letter from Serve Robotics with their suggested changes, and we'll work with them and with uh the sponsor between first and second reading on which of those uh changes should be incorporated, but we feel fairly confident that the ones that we have included at first reading are not preempted.

Commissioner No, that's it.

It's just basic safety.

I see them sometimes also, they run off the sidewalk.

Have you seen them like on their sides sometimes?

And this is an issue that we're gonna see a lot more of as they become more prevalent.

And by the way, other cities in the state of Florida, they haven't rolled out these robots yet because they don't have the critical mass that places like downtown Miami and Miami Beach have.

But I guarantee you that as other cities have these bots and they find out that they have no control over the bots.

I think there will be a pushback at the state level because um now it's like you can roll out a business without a brand new business and get a preemption at the state level.

And uh this is a trend that is at very uh overreaching, and hopefully uh we can reverse it by working with our legislature and explaining why you can't regulate some things from Tallahassee.

Commissioner Bach.

So I'm sorry, where are we on the speed, six miles or ten miles?

We're saying six.

They're asking for ten.

Okay, because I um I you know I I find it um I don't even have the words for it, which is not usual.

I like so ironic that um we are preempted from a public safety device or uh public safety um regulations about a device that is only gonna make getting around it on our sidewalks more complicated and less safe.

Um it's just the height of hypocrisy, which you know is not uncommon these days.

And so um but understanding that we are preempted, I would like to uh uh batten down the hatches on this and keep it as slow and as visible as possible so that we don't have accidents and unintended consequences.

So I mean there's no there's nothing else we can do other than literally and figuratively slow the roll.

Okay.

Um also they're asking the the current cost to uh of the operation permit for a robot is a hundred dollars, and they're asking for it to be two thousand dollars.

I I would like to meet with the company and to see why that is, but um I will go over their suggestions and um come back at the next meeting.

But I agree with you on the six miles.

I won't I would like them to be slower rather than faster.

So they're currently going ten miles across the crosswalks, correct?

That is what their letter indicated, yes.

I don't know.

It I so you want to keep it all at six, even if they're going across.

Yes?

Okay.

Well I'll talk with them between first and second reading and get back to you.

Okay, everyone?

All right.

Call the vote.

So it is a public hearing.

I have uh individual by the name of Zoom user.

Please state your name, address, and you have two minutes.

Please unmute yourself.

Okay, let's go then to the next speaker.

Adam.

Okay, we've lost Adam.

Zoom user, go ahead, please.

Hello, can you hear me?

Yes, state your name and address.

Hi, it's it's Jane Krupp over here at 1390 Ocean Drive.

Uh, welcome back, everybody.

Um I had one of these bots in front of my property yesterday and the day before for over 24 hours, it just sat dead on the sidewalk.

And you know, who's in charge of these things?

Uh who do you call?

I called code, they didn't know.

I sent uh uh uh email to Eric Carpenter.

No one's in charge of these things, and there's no who's gonna enforce any regulations on these things and follow a hundred robots around the city?

Are they getting a citation, a fine?

Could we need to think this out a little further as to yes, we need to regulate them, but how?

So my question is what department when I see a dead robot on the street, who do I call?

So that's basically my question.

Thank you.

I believe you would call code compliance and we would issue a we only have one company operating right now in Miami Beach.

But if it is on a right of way and something's wrong, could the police department also issue a citation?

How are we going to one of the requirements in in our ordinance is that the robots must have a 24-hour number uh visible so that a situation like Ms.

Krupp uh describes could be addressed by calling the company and and they should take charge of that.

But I think between first and second reading, we could look at some of these nuances and and address what would happen if a robot robot exceeds the whatever period of time we allow uh for them to remain idle on the sidewalk.

And yes, code compliance would be the the arm of the city that would be enforcing the code provisions.

And we could increase fines, correct?

Because we are allowed to fine for these violations.

We could do that subject to the state's limits on fines.

Yes.

Mr.

Mayor.

They even put limits on the fines, huh?

Mitch Novak.

Mitch.

What happened to you coming at 8 30 in the morning being the first time?

I'm trying to remain low-key.

I get nervous that you're okay every time.

Everything's perfect.

Just I would urge you to uh reject the $2,000 fee per uh for company and uh either keep the hundred in place uh because we don't want to see our city blanketed with thousands of these things.

Thank you.

Our next public speaker is Larry Schaefer.

You have two minutes.

Go ahead, sir.

Larry Schaefer.

Is it possible for us to get a wrap on one of these bots in the shape of Commissioner Kanye bought and then call it the bot bot?

That's it.

Thank you.

Our next public speaker is uh Nessa's iPhone, state your name and address.

Uh yes, my name is Inest Flags.

I'm a 1500 Ocean Drive.

I just want to bring to everyone's attention that every time you uh raise these fees and you make them unaffordable, then you make everything else unaffordable and also with the fines.

Don't be so quick to find and just you know have more compassion, even to robots and you know.

I mean, I don't think that you know they should maybe have a uh first warning, second warning.

And maybe on the third one, you know, give them a fine, but not because again, this finds will make also life unaffordable.

Thank you.

Thank you.

There are no other public speakers.

I would just like to say that compassion is really reserved for human beings, Inez.

I mean, I I love you, but I don't have a lot of compassion for the bots.

It's but except for the bot bot.

Okay, let's call the vote.

So I have a motion by Commissioner Rosa Gonzalez, seconded by Commissioner Fernandez, as is, right, Commissioner?

Um as is, and I'm allowed to make changes between first and second reading, and I will do whatever I can to you know create stringent regulations and um uh to Inez about you know making this more difficult.

I think if you have a hundred dollar fee for a bot, then we could potentially be seeing thousands and thousands of bots eventually because they are expanding right now.

They're only delivering food.

Eventually they're going to be delivering medicine.

Um, they're going to Amazon's going to have bots.

Everybody is going to have bots.

So it is really going to uh pollute the right of way.

So uh on the vote, Commissioner Fernandez.

Yes.

Commissioner Bot.

Free the bots.

Uh yes, reluctantly, but yes.

Yes.

Commissioner Suarez.

Yes.

Commissioner Rosa Gonzalez.

Yes.

Air Miner.

Yes.

Motion is approved 7-0.

Second reading public hearing is scheduled for September 17th.

R5S R5 S is an order ordinance.

So the mayor said the commission of the city may be reach forward.

I'm in chapter 70 of the city code entitled Miscellaneous Offenses by amending Article 2 entitled Public Places by amending division two entitled bicycling, skateboarding, roller skating, inline skating, motorized means of transportation, electric bicycle mopets, motorcycles, motorized bicycles, and motorized scooters by amending section 70-67 entitled Prohibited Activities to clarify the prohibition relating to motorized means of transportation by providing an exception on a pilot program basis to permit an adult riding an electric bicycle with a child to operate such electric bicycle on the beachwalk and other specified areas under certain conditions.

And providing for repeater servability codification and effective date.

Commissioner Dominguez.

Thank you.

So this item was brought forward to me by a resident with small children and taking their child to Scott Rayo Center and other places across Miami Beach on the beach walk was becoming cumbersome.

And with multiple meetings with people from the transit community and bike community, that's where this item was born.

And just this week, uh this person was showing me pictures of the Scott Raikal Center where even if they would have gone by car, it was completely full, and so were all of the meters on the outside.

So having a bike would uh take a eliminate a car from the road.

And um there's been meetings with MBPD and so there's the item.

Raise my hand for me.

I guess um I appreciate this, Commissioner Dominguez, and uh I met with the person that was pushing this forward as well.

Uh Robert One congrats on uh the new role at MBU.

Uh look forward to steady hand, love your leadership and vision.

What I uh suggested to the person that is proposing this.

Uh I will back it on first reading.

I want to build like many things, community consensus, right?

Uh if there are things that we can do to thread that needle concerns that your group may have, and another prominent neighborhood association, MBNA, uh we got this morning that they uh did not see eye to eye in this.

I don't like to be placed in a position where we're put in the middle trying to decide between groups that are great stakeholders of our city on two different things.

I'd really like to almost have uh it more common where people are meeting amongst each other as groups as community stakeholders and looking to build consensus before even coming to us.

Um and I hope between first and second reading uh that's what can happen where uh the sponsor, some of the transit groups and things like that can meet with tremendous organizations like MBU and MBNA hear their concerns, understand what they are, and see how we can essentially achieve consensus.

Uh that's for this item, but you know, I I think that could be a really great template to really come together as a community going forward.

Um so long story short, I'll support it on first reading, not promising how uh I'll vote on second reading because I want to hear both sides and things like that, but I'm hoping in the interim, it's not incumbent on us about trying to go and see which group is right.

Those different groups with opposing views should come together and see if they can bring uh some consensus and maybe hear out some concerns and how they can be mitigated.

So I'll I'll be a yes here, but uh I would like to see um those groups kind of come together and see what they can do to uh bridge that gap uh in between first and second reading.

Is there any public comment?

Yes, there is.

Uh I have Alicia Casanova requesting to speak.

Ms.

Casanova, state your name address, and you have two minutes.

Ms.

Casanova, please unmute yourself.

Okay.

Hi, my name is Alicia Casanova.

I'm representing the Mid Beach Neighborhood Association, and I totally understand what Commissioner Magazine said.

Um our president Anna Marie Ferreira de Melo has met with Matthew who is um leading this initiative.

Uh however, the executive board has met, and the MBNA firmly believes that adopting this amendment would contradict established city transportation and safety plans, dismantled critical uh protections, set enforcement's efforts up for failure, diminish the shared enjoyment of the beachwalk, and place its most vulnerable users, including children, seniors, and pedestrians, at unacceptable risk.

We respectfully urge the mayor and commissioners to preserve the current ordinance prohibiting all motorized vehicles on the beachwalk without any exceptions.

Thank you.

There is no other public speaker.

Um I have a question for our department that's working on the parallel bike walk next to the beachwalk.

Where are we in that process?

I know you've answered this before, but I would like to make this one of our state legislative priorities.

It's not partisan, it's not controversial.

I would really like to get the permission and cut through the red tape and go to the highest levels and explain that we really need this parallel bike path next to the pedestrian path.

Sure, and and good morning, Commissioner Amy Knowles, Chief Resilience Officer.

So this item was actually uh, you know, it was a priority of the city commission last fiscal year, and we did um hire a consultant firm to help us figure out how to get to a yes to do this.

Anything in this area of Miami Beach as the part of the coastal construction control line, it is highly regulated because the state wants to make sure that nothing is is built that can impact the beach in a negative way that can impact um sea turtle habitat.

There's a lot of considerations here.

Um so they are working on that.

We will have the feasibility report soon this fall, and then we will discuss with the manager's office how to share that.

But there is a lot of restrictions because it is on the beach and the beach is very protected because of storms and habitat and just the stability of our coastline.

Okay, so you're gonna get the feasibility report this fall.

And then what's the next step?

And then we would kind of decide what to do.

It'll have a conceptual plan, very high level on um how wide this path would be, how long it would be, um additional considerations that that would be needed, um, and what the kind of pathway would be in terms of potential cost as well.

Do we have that right now?

Because I feel like the minute you get the report, we should have the plan ready to go, the cost, it should probably be already budgeted so that you know we've done this once before, so we kind of know what we're doing.

But last time it took us like a decade.

Yeah, a very long time.

And and remember last time we had the dunes on the on the east side.

So that I think helped us as a city.

Um the plans will be very high level, they'll be conceptual plans.

So it's not the kind of plans that would be needed for actual permitting.

So that would be another big step.

So if you had a timeline for us, because this is I get more this is one of our biggest issues.

I get so many emails about this every single day.

What would you say the timeline is for the path?

Realistically, sure.

Well, I think that we would be able to probably bring it to the city commission um early next year to determine that.

I mean, it would probably take a year to two in design and permitting if it was if there's a pathway for approval, and then construction after that.

But usually design and permitting is a good one to two years.

The design and permitting two more years from now, and then construction another two years, a year.

Yeah, it really depends on the on the type of feedback we get.

Can you give me any like so four years?

Five years, six years.

I mean, we can realistically maybe touch base with CIP since they built the the beachwalk.

Commissioner, if I may, we also have to take into consideration that we don't own all of those properties, and so we would have to get the approvals of the upland owners like we did during the initial beachwalk process.

So as we've seen, particularly with the Bay Walk, it's extremely challenging when we're dealing with individual owners.

So then we can make an assumption that this beachwalk path is not going to happen for many, many years.

How many property owners do you need to get permission from at this point?

And why are we not?

We should be getting the permission now so that when you get the permit, you can you know put it out for construction.

Have we been doing that proactively, going out and getting the permissions right now?

We don't even have conceptual approval from the state that they would allow us to do that.

So I understand, but at the same time, we know that they're probably going to allow us to build this this path.

I mean, so we might as well.

What does it hurt if we're you know, if we're just reaching out to those property owners right now, showing them kind of what we plan to do so that we're not so that it doesn't take us a decade to build this.

I would like to see a parallel path on this and really push forward because I think that this is really essential for us.

Don't you guys agree with me?

If I may.

Yeah, okay.

Mr.

Manager, we have a number of properties that are under construction now that they're dealing with with our planning department all the time.

I mean, let's let's be smart and use the authority that we have now to be able to get benefits to be able to for whenever we have the regulatory approval, be able to deliver uh deliver this this project while while we have them before us.

They're going to the planning department.

We have a number of our historic properties along the beachwalk and the densest the busiest areas of the beachwalk.

Many of these buildings, they're under construction now, they're going through review uh from our planning department now.

Why don't we start getting commitments now, given that this was the direction given to you by this commission that we want to see this done?

Let's start getting those approvals so that once we get the state's approval, we can go ahead and move more efficiently.

If not, we're just constantly gonna be slow and delayed, and it's gonna be at a at a pace that that our residents are just going to be constantly frustrated at the pace of the government moves.

Commissioner Bot and Commissioner Rosing is also.

Amy, I I thought one of the possibilities was constructing an alternate and an incremental path to the east of the dunes, like what you have in Bell Harbor and Surfside.

Is that also being considered?

Yeah, so what is being considered is is a path east of the dunes.

So we have our existing beachwalk, and then we have the So it doesn't have anything to do with upland properties.

Um we're not quite sure what the state will will require and if they're going to allow this at all.

No, I understand that, but but what we're pursuing is something that because the state owns all of the beach, and so I think the upland properties then don't factor into this.

I think there's a lot of different factors that was with the the manager brought forward, but we would have to I mean honestly, we we'd have to hear maybe from the the experience of the beachwalk.

So I think there's um unanimous support for getting a second beach walk done and as quickly as possible, as expeditiously as possible, as efficiently as possible.

Um and anything that we should be doing can be doing to help with that.

Um let's bring that forward as a separate item.

Um I know uh the the beachwalk in and of itself is uh an item that the mayor brought forth that I'm a co-prime on with him, and so this is um you know a hot topic for all of us, but that is not the item before us, and I'd like to get back to this item that's before us today just because it is also a hot topic, and it's something I just make one last comment on the item that's not performance that we're discussing.

Uh thank you, Amy.

I know you've you've you've worked hard on this.

I brought this initiative uh a little while ago.

And um, and thank you.

Thank you uh for that.

I know there's uh unanimous support in this commission, and I and I think this is a good discussion.

I just wanted to check in whether this is one of our legislative priorities.

Because I think you can see from this conversation and discussion that it certainly is.

If it's not, then we certainly can add it with the with the approval.

Legislative priorities with Tallahassee with this group.

If I may I just the challenge, I just want to just add that the challenge is the administrative review with with the Department of Environmental Protection, and I think that that's where perhaps the biggest challenge has been is not necessarily even an amendment to the statute, but it's uh from from what I gather, and it makes sense to put it into our legislative package.

Uh it's the administrative review by uh the Department of Environmental Protection where we've encountered, I think, probably most challenged with this.

Commissioner Rosen Gonzalez.

This is my final, I know that we're not on the item, I'm sorry, but I just have one final one final question.

Um have we met in person with the people in Tallahassee that are giving us the permission, or is it a representative from Tallahassee locally?

Yeah, so we had reached out um initially last year and and talked to folks, and uh we've been working with our consultants, and our next step is for the pre uh application meetings where we will have formal meetings with them.

It is a bit of a challenge.

You have to have conceptual drawings and you have to have a plan for them to give you a reaction.

So that's what we're working on now, and those are if they're not set up already, they're they're being set up.

Yeah.

I think we're gonna have to be really proactive with this, and once we get the the design from the consultant, literally like travel to Tallahassee with our conceptual plan and push and push and push so that it doesn't take us years and years because we're just gonna go to the bottom of the of the pile.

So I think that we all need to get involved in this, travel to Tallahassee, talk about it, get to know the people who are uh doing the approvals.

Um I think that really does make a difference.

Commissioner Barth, did you have things you wanted to finish up, Rudolph?

Yeah.

Okay.

Commissioner.

No, I mean I did have things to finish up.

Oh, go ahead, Gloria.

I was just gonna say this is a pilot item.

Um it is very narrowly tailored, and I'd like to move the item.

But I'd like to Commissioner Bott.

So um, you know, we've been working uh for the last almost two years on micromobility issues because we know they are an incredibly challenging topic.

Um we see people of all ages using e-devices um to get around more easily, and we encourage that, and we are hamstrung by FDOT and sometimes the county on making our roads safer.

So it is a natural desire to put people onto safer pathways to um make it work for everybody, pedestrians, regular bikes, e-bikes, scooters, and cars.

Um the problem with this is that first of all, we don't currently have a mechanism to enforce this, and I'd like to ask police chief jones to come up and discuss this.

But second of all, you know, last year was um let's let's take an assessment of where we are with our micromobility efforts and opportunities.

Um this year, let's implement a bunch of things that we can do to improve and collect data.

And next year, let's make decisions and effectuate change based on that data.

So this year we are painting our green um bike paths, repainting them.

A lot of them are almost you know, in significant state of disrepair.

We're repainting our white bike lanes, um shadows, road markings to make them more visible, so to make them safer.

Um we have um digital data counters being instituted in um uh inserted into different um roads that are heavily used by bicycles and and other e devices as well as on the beachwalk, and that is exactly to capture the data to find the correct path forward, no pun intended.

Um, I couldn't do this if I tried to.

And so to subvert the process before we have the data is not helpful.

Moreover, the way this is drafted.

So first of all, I don't I I don't love this, and it's frustrating because Matthew, while I appreciate the concern, you know you've been sitting in in these committee meetings with us, these task force meetings with us, and you know where we're trying to get to with this.

So it is a little bit frustrating.

Um we all want to make this safer for everybody.

The way this is written now, it's an uh an adult of 18 years old supervising a child of up to 16 years old.

To me, that sounds like the bike gangs who come into the city and run roughshod all over us.

Um, you know, if you want to limit this to a parent with a child on a bike, I could have yeah, I would be willing to have that conversation.

Um if you know, you can get your driver's permit for a car at 15.

So if you need supervision on a bicycle on an off-road path, that's a bigger conversation about what you should be doing on either of those vehicles.

Um, you know, I've I have real concerns about the way this is drafted, about the the fact that it's here before us.

Um I really appreciate the concern because I've spent the last almost two years to get to this to resolutions to address these concerns as well.

But we also get equal numbers of people saying, I'm just walking minding my business um and trying to not get run over by people who aren't um paying attention, who are speeding, who are careless, who aren't obeying traffic signals.

We've got tons of people on scooters who are um running through red lights and stop signs as if the laws of the road don't apply to them.

We are literally having a micro-mobility town hall a week from Tuesday, this past Tuesday.

Yesterday, a week from okay, Tuesday coming up to to talk about this update with our residents and people who use all these devices to give an update of where we are, but also to to educate on what the rules of engagement are.

I mean, if you're on a micromobility device, it is your responsibility.

If you're on the road, you need to act like you're in a car, whether or not you're in a car and a scooter or anything in between.

And you know, if you're on the beachwalk, it is not okay to be blasting through at 15, 20 miles an hour because there are very narrow portions of the beach walk and people who are strolling, elderly folks who are walking their dogs, and everybody needs to be safe.

So I have concerns about this the way this is written.

I don't think it's the right time to do a pilot program because we are literally in the process of collecting data.

Um I will turn it over to the to the police officers, to the chiefs, um to talk about how you would enforce this given given what's been presented today.

Sure, sure.

Um Wayne Jones Police Chief, uh, police department, Danny Magal, assist in chief.

You know, broadly speaking, the police department is in favor of micromobility uh for the city, given the traffic issues we have on a daily basis and frustration that that surrounds that.

We do believe in doing it operating these micromobility devices safely.

I've asked uh Chief Bogala to go hard look at this particular item and to provide some some thoughts and recommendations on it.

Danny?

Yes.

Good morning, Mr.

Vice Mayor, Commissioners, Mr.

Manager.

Uh the biggest concern we have with the ordinances is written right now is the enforceability of it.

Uh it becomes very difficult for the limited resources we have that are conducting enforcement on the beachwalk to be able to determine compliance with this ordinance based on the 16 and under, as opposed to if it were restricted to somebody of a younger age, 10 and under, which is much easier for an officer to determine as these vehicles are going by the age of the person on the bike.

The other concern is that conceivably, and you touched on it, Commissioner, uh a person 18 years of age or older that is with someone 16 years of age or younger, not necessarily supervising behavior, but uh writing these devices together would be in compliance with the ordinance as long as they were traveling at a certain speed.

Uh so it it becomes difficult for us to enforce with the limited resources that we have, and obviously from the law enforcement perspective, this is a public safety issue that encompasses everyone's safety on the beach walk, not just the folks that are operating uh the the e-bikes.

Uh this is for the the safety and security of the residents who are out there walking, some of our elderly residents who have been very, very vocal in the past.

I know Henry Stoller is one of the that has been very vocal about his ability to enjoy the beach walk as a pedestrian and how he is placed in fear oftentimes by the operation of electric bicycles and e-scooters that shouldn't be on the beachwalk.

So it it becomes a challenge for us with the limited resources that we already have to be able to enforce this particular ordinance.

However, we will move forward with whatever path uh the elected body chooses for us to do, and we will do the best job we can as always to conduct enforcement.

Mr.

Mayor.

Commissioner Suarez.

How long is the pilot for nine months?

I think that's I think it's very reasonable to see where this lands.

Um I think there is a good point to be made that you are going to be traveling with children on a scooter.

Um I would much rather have a secure, safe path with certain regulations than on the street where people are getting run over.

So I'm supportive of this for a pilot program for nine months.

I take my kids on the scooter.

You know, I'm a parent.

I I uh I'm responsible with my children at some point.

I uh I don't think that the government should be getting involved in how you parent or transport your children, as long as it's done in a safely manner.

Ms.

Mayor.

Commissioner Fernandez.

Thank you, Mr.

Mayor.

Um, you know, one of the things that that has resonated with me is the safety of parents taking their children to school.

Um, and we know that it's not always affordable for a parent to have a car.

Um, and we do want to encourage individuals to explore carless lifestyles in in our in our community.

Um so this is all a part of that discussion.

Now you mentioned the age.

You mentioned that there was an age that you would feel more comfortable with in terms of enforcement.

And so, you know, public safety will always be a top priority, and we want to make sure that we are passing an ordinance, it is an ordinance that it is enforceable.

Uh the last thing we need are more rules in the books that we can't enforce.

You mentioned, correct me if I'm wrong, Assistant Chief, that the age that you feel comfortable with is 10 years of age.

Yes, sir.

So in our internal discussions within the department, um, because as children grow in their teens, we have 16-year-olds that are indiscernible from an adult.

Sure.

So the internal discussions that we had is the easiest way for us to be able to determine age on a particular ordinance like this would be to have a restriction of 10 and under, because then it allows the officers who have to make a very quick determination to visually identify someone that is potentially older than they should be operating.

And and if that is amended, would that satisfy your concern on enforceability?

I believe that was what we discussed internally, and I believe that that as an organization, we would be okay, and it would make it much more feasible for us to conduct enforcement.

Because I value very much uh my colleague Commissioner Bott's concern uh about safety, about about enforceability.

I don't want us putting our police department and our officers in the position of an expectation, an expectation to enforce an ordinance that that is impossible to enforce.

If you're telling me that 10 years of age is what you feel comfortable with, and that will help you guys be able to enforce this, I like to propose it as an amendment to the sponsor if you're willing to accept it.

Uh because at the end of the day, they are the ones that ultimately need to enforce this ordinance.

Yes, um, that sounds fine.

I also want to share this is not the first time we're talking about this.

We had a robust discussion at neighborhoods, and I know the folks that approached me about this item have also met with MBPD multiple times.

They have reached out to the neighborhood associations, and between first and second reading, um, I will encourage that that happens again.

Thank you for accepting the message.

I think I moved the item.

The second question from the sponsor.

Commissioner Rosen Gonzalez, then Commissioner Bott.

Sorry, I never got to weigh in on the item because I was wondering about the beach walk.

This is very this is so difficult to vote on.

Because the Mid Beach Neighborhood Association that literally lives on the beachwalk.

So the beach walk is in their backyard, I said, please don't vote on this.

And I'm assuming that they're saying this because they've either almost been hit or have witnessed other people getting hit or injured.

And so they are they don't want it.

It's their that it's everyone's beach walk, obviously, but these buildings actually live right on it.

So to vote for this when they're asking us not to, is something that I I don't want to do.

At the same time, here's what I would say.

You are allowed right now in a regular bicycle to go on the beach walk, correct?

Correct.

Okay.

So if we're promoting health and wellness and whatnot, can we just get regular bikes for right now?

You know, you want to take your kid to school on a bike?

Okay, well, then they're gonna have to pedal.

Or you're gonna have to pedal.

That's if you want to use the beachwalk.

That's the only way that I can think about this.

I understand that electric Mike Rumba, but in a perfect world, we would have a protected path, but we don't.

And if we vote for this and somebody gets hit or somebody gets injured, then on it because somebody's on an e-bike, then is that our fault?

And I think it would be because we've said you can go ahead and do it.

So that's my problem.

Even if you're going at six miles an hour, or you know, bot speed of ten miles an hour.

Um I think we said eight miles, right?

Under eight miles.

I believe it's ten miles an hour in this ordinance.

Ten miles an hour.

Um it just it gives me pause because what if somebody gets hurt?

And we're condoning that, and it happens.

How many accidents have have we had of of e-bikes hitting people?

So that one's difficult to give you a number because a lot of them go unreported, uh, unfortunately.

So sometimes folks don't call us and we hear about them through social media or in open forums like this.

So I think the actual reported numbers to us might not reflect the reality that of what's going on out in the field.

So you're saying that our numbers don't reflect the amount of accidents that happen.

I know that I've almost been hit a few times um by an e-bike.

But how many times have you been hit with a parent and child on the scooter?

That's very rare.

I I understand that.

But there's a reason why is there a way that between first and second reading, we hold some sort of public meeting with the Midbeach Neighborhood Association and come to some agreement, like Commissioner Magazine said, so that we're all on the same page and we can move forward with this.

Understanding their position and create a crafting something that makes sense to everybody, especially the people whose beachwalk is in their backyard.

Commissioner, I just said that we were going to do that.

We are gonna have a public meeting, but I would like it to be in person.

I don't the Zoom meetings are not the same where we I would like us to be able to meet here in the commission chambers or meet in a designated space and and have a conversation.

I would like to see how many parents and and children show up, how many residents of the Midbeach Neighborhood Association show up, let's have a community conversation and let's move forward doing what we know is is the right thing and the safest for everybody involved.

I just need to time oh, sorry.

Commissioner Bot and Commissioner Fernandez.

So I've uh two two thoughts.

One is um I'm concerned about this being a nine-month pilot program because that takes us through the month of March and spring break, and I think that that could get pretty hairy with young looking adults being on e-bikes on the beachwalk.

So I just interject something.

The reason why it was nine months is so that it would cover the summer, which is our dead season.

Um so if you want to exclude March, I think that would be amenable.

And then the other thank you for that.

And then the other thing that I would um be willing to support is if we did this for parents with um kids on their bikes, as opposed to a parent supervising ten-year-olds.

So it would it would apply to people with who are biking their kids on their bicycles rather than um riding.

I think that just limits to this to the people who we're trying to protect.

So if you're taking your kid to school or to the Scott Reykhouse Center and your kids in a bike seat, then okay, we can do a test pilot.

Um, you know, I'm still not super pleased about this entire situation, but I would be more inclined to can you clarify what you mean?

What are you trying to craft here?

If you have um a child on a bike seat that you are transporting on the beachwalk, then you are allowed to be there.

If you are riding next to a child, you know, on a separate bike.

So you want the child to be on the street.

I do not want the child to be on the street.

But how else are they gonna get there where they go?

They can be on a bicycle.

One at a time.

They can be on a bicycle.

I don't think an eight-year-old child should be on an electric bike or a scooter that can go up to 59 miles an hour.

I mean, let's not forget that you can buy scooters off of Amazon.

There's no registration required, there are no lights required, there's no licensing required, there's no safety testing required.

I see I see people putting their children into electrified vehicles and letting them drive around.

I think you need to learn how to conduct yourself with the rules of engagement on a bicycle in a safe place.

And if a child is riding a bicycle to school with their parents, that is fine.

I think to have a child on an e-bike or an e-scooter is a different conversation, and I am very uncomfortable with that.

And of course, I am not suggesting that we put children on the street in vehicles that can go up to 59 miles an hour.

But thank you for allowing me to clarify that.

Commissioner Fernandez and Commissioner Suarez.

So I'm I'm sensitive to the argument, of course, that people have almost been hit on the beachwalk by bicyclists.

But the reality is that those are bicyclists that pretty much treat the beachwalk like the Tour de France.

You know, literally.

They're going in high speeds and and they're not doing it for to take their kids to school.

That's not the person that is running into elderly individuals.

That's not the person that's running into kids.

It is a very it is specifically people who are sporting on the beach walk.

And and and literally they're treating the they're treating the beachwalk like it's a sport competition.

Like if it's a Tour de France and they're going on the uh I think their aluminum bicycles are you know that are very thin with a very thin what's that carbon, carbon fiber, the car c carbon fiber bicycles that are very lightweight and going very high speeds.

Those are not the people that they're gonna be using this to commute and take their kids to school.

And and so I completely empathize and understand the concern about the safety.

But when we're talking about also the safety, children and of parents uh taking children now we've limited to the age of 10, you know, children 10 years of age or younger to school.

Um at a time when we're dealing with great amount of traffic in our city, we want to be able to encourage m different modes of of transportation.

I don't think I really don't think in my heart that it's the parent with a 10-year-old that's gonna be causing a dangerous situation on our beachwalk.

Uh I don't think any one of us would be proposing this item or supporting this item if that was the case.

I think with the amendments that the sponsor has has proposed, and knowing that there's also uh town hall meeting on micromobility happening in next week as well, uh, I feel very comfortable with this to test it.

And that's the beauty of it, that it's a pilot program.

And if we need to amend it, there's always the opportunity to do that at the end of the program.

Commissioner Suarez, thank you, Mr.

Mayor.

Uh Commissioner Butt, I think.

You know, I I I respect sunshine rules very much.

I just saw you pass a note to Commissioner Dominguez.

Do you mind reading it to us, please, since we're in the sunshine?

Sure.

Really?

It says, and I quote.

Thanks for playing teacher at school, that's fun.

And that's the lead paragraph of the newsletter.

Okay.

Thank you.

So as I was saying, excuse me, I'm like speaking.

Um as I was saying that if if we're taking if we're going to encourage parents to bring their kids to to school uh in a safe manner, they can't ride it on the sidewalk because that's illegal.

The only other place they're going to be able to do it is on the road.

And so again, I I think I'm very supportive of this as a as a as a pilot program.

Um I certainly think that until we have a beach walk that's apparently four or five years away.

Um this is probably the safest way to get children uh to school.

Uh sometimes, you know, if they're in if they're gonna be in middle school.

Um I believe that age is between eleven and fourteen.

I don't know if we want to you know maybe bring it up to 12 so that you know sixth and seventh graders can use the boardwalk.

Um and again, like Commissioner Fernandez has mentioned that you know we want to give relief to children and the parents, not the Tour de France uh bicyclists like uh our planning directors and so um I I uh I welcome this and and and you know I I think it's important to uh craft it between first and second reading.

Thank you.

So I'll chime in.

Um I understand the spirit of the item.

I'm not gonna be supportive.

Uh and the reason is I just since I was elected, I've heard from I I hear over and over again from elderly, mostly elderly residents about the concerns they have.

And and I appreciate what you've done and trying to carve out, but I got away, I got away it, and just I just those conversations over and over where certain people, individuals have told me that they're they don't feel comfortable because of the speed of some of these electric vehicles, which currently are not allowed.

And I know police and park rangers have uh made an effort to enforce that.

And I think that adds on to it.

I I think we're also putting our police in a very difficult position.

I mean, I'm trying to I try to visualize, believe it or not, I try to visualize visualize myself in all these circumstances what a police officer, the judgments you have to make, and they're quick.

I mean, this is a quick decision an officer has to make.

How old is the kid?

How old is and uh what's the speed of the vehicle?

Uh really puts uh to me a strain on on the officers as well, as opposed to uh clear cut rule.

So again, based on my experience of hearing these residents, uh, I'm not gonna be supportive.

And then on top of that, you have the Mid Beach Neighborhood Association, which has, as has been mentioned here, has really been proactive and beautifying and uh our beach walk, the safety of our beach walk, and they are against it.

Miami Beach United is against it, and I and I share those concerns, so uh for those reasons, uh, although I appreciate the efforts and and and the pilot, and we'll see.

I mean, it looks like it's gonna we'll see where the votes fall out, and then we'll see how the medley goes and uh maybe I'll reassess.

But right now uh I can't be supportive.

Individuals requesting to speak.

May I call them?

Yes, please.

Uh and if anyone's in the audience who quests to speak, please cue up.

First caller is Inez's iPhone.

Please state your name, address and you have two minutes.

Please unmute yourself.

Okay, let's go to Keith then.

Keith, state your name, address, and you have two minutes.

Okay.

Keith Marks, president of Celtna and uh continuum on South Beach.

For the last two years, we have been pushing and have had resident after resident talk about the unsafe aspect of particularly walking anywhere near South Point uh park uh with motorized vehicles.

It is impossible for the police to monitor this as is, and now we want carve outs and exceptions.

It is ludicrous.

I don't think you will find anyone who walks and lives on the beach walk, whether it's uh mid beach, north beach, or any beach, wants this to happen.

If you have an electric vehicle, put it on the street.

If it's an electric bike, put it on the bike paths, which we built on the streets.

This is insane.

It is not safe.

These vehicles can go from zero to 60 with just an accidental hit of the throttle, which you cannot do with a bicycle.

And uh it this is this I have no explanation for this, but uh we will certainly give a formal resolution.

I hope it doesn't pass on first, but this is this is probably the worst safety proposal I have heard in the last year.

Thank you.

Go ahead.

Good afternoon again, Matthew Goltanoff.

Actually, it's still morning.

I do want to thank uh the commissioner for sponsoring this item and for the lively discussion today.

I agree with you all that public safety is number one in this city.

And last year there were over 4,000 crashes on our streets.

Five people lost their lives.

What if I told you that through May of this year, according to data that the police department has provided to the state, more people have lost their lives on our streets through May of this year than they did all of last year.

This is about safety.

As uh Commissioner Fernandez mentioned, it parents are gonna be by default, they're gonna be safe when they're riding with their kids because there's nothing more precious than your own children.

And there is there are safeguards built in, a 10 mile per hour speed limit.

I think there's nothing that will give you better data than a real-world pilot than this one that we have here.

And to my my friend and my neighbor in the South of Fifth Neighborhood, Keith, who just called in e-bikes don't go 60 miles an hour.

Those that he's talking about, those are not e-bikes, those are dirt bikes.

They're not regulated, they're not legal to ride on any public street, any public roadway, any public path in the state of Florida.

E-bikes have top speeds of 20 miles an hour.

And I'll tell you this, as a parent myself, as someone who rides with their children, and by the way, my eight-year-old would be with us today if she wasn't in school, but she was super excited to hear about this, and she said, quote, I want to be famous, I think she meant on TV.

Um, but this is a measured response to a real issue that we have in the city, which is safety on our streets and traffic on our streets.

And so I ask that you pass this on first reading.

We can get together.

And it never happened.

I offered to meet with MBU in person at their meeting on Friday, and that was turned down.

Thank you so much.

But okay.

Our next public speaker has screen name of WT.

Unmute yourself, state your name.

I must have hit the walls of letter of William Roberts.

How are you?

Um I've been uh very involved in in uh the beachwalk mobility with bikes versus pedestrians since I moved here.

Um I've been hit once or twice by bikers.

But I have no problem with more is uh test uh as long as it's 10 year olds.

And my biggest concern with the test is not what a 10-year-old will do on a bicycle, but you know, the perception among uh people, you know, when they see somebody with a mobility bike or a uh an electric bike, uh they're more likely to think that they can get away with it as well on the beachwalk.

So it's really a counter of how many people that are not you know, 10-year-olds with a parent are utilizing the uh kingdom law to utilize the beachwalk.

And they may get attention for it, but like you know, you you're talking about maybe a half or one percent of the population that's gonna utilize it.

Lincoln Road has the same problem that bikers come up and down all the time now, because there's no enforcement really.

But um Yeah, so I have no problem with it, but I would be very keen to understand like how people that are not kids and parents see that as an opportunity to uh utilize that that stretch.

And we need to control the bikers.

We can't have Port de France on the beachwalk.

Thank you.

Go ahead, please.

Uh hello, Blanca Villarello 1881, Washington Avenue.

Uh hello, um uh mayor, commissioner, city manager, city clerics, the attorney.

I hope you had a great summer.

And this is an uh topic I feel very strong about because I live across the convention center, and the sidewalk of the convention center on Washington Avenue is very wide.

And I've been I've been about to be hit for these people, any age kids, older ones, because they use it like a place where they can't speed because there is very little food traffic.

And then also the worst part of it is when these people using micromobility get to the crossroads.

They don't even respect the traffic loss.

They don't stop.

You are about to go, and they come just across you.

And so this is bound to to cause a lot of um uh accidents or scares or whatever.

And I know that there is a big problem for traffic and parking and all that.

But uh, if you have right a trolley when the kids come out of school, the trolleys are full of kids in the morning and in the evening.

So I think one of the ways to help this traffic and this parking stuff is fixing the trolley uh schedules, that they are clean, that they have AC because we have to wait two years until the new contract.

In the meantime, we can fix the trollex that they're there, especially the schedule, so everybody we can jump in and out when necessary.

Thank you.

Thank you.

Thank you.

Our next virtual speaker is Anna Marie Ferreira de Mello.

Please state your name, address.

We have two minutes.

Good morning.

This is Anna Marie Ferreira de Melo.

I'm with the Mid Beach Neighborhood Association.

Um I'm the president of the Midbeach Neighborhood Association.

My home address is 4779 Collins Avenue.

I am representing the MBMA's opposition to this amendment.

Yes, I um um Matthew Galtinoff did not meet with our executive board.

He met with me, and as the president, I vetted it with our executive board, and they were not open to meeting and discussing this for several concerns and reasons that are outlined in our resolution.

The thought of having a bicycle that is heavier than a regular bicycle, biking on our beach walk, in and the thought of the force of collision causing severe injuries to pedestrians, children's and elderly residents was something that was of great concern to them.

The thought that having an exemption for one group and uh and others, tourists and residents alike, would understand that it is an exemption and not having others or or more electric bikes on the beachwalk was also a concern.

They felt that pedestrians were not being prioritized as many city plans have um have outlined to be a priority and that it would go against advancing vision zero goals for the city of Miami Beach.

We are very much in support of uh micromobility of making sure that the beachwalk is a place that is enjoyable and safe for everyone.

And we hope that this really brings to the elected officials an opportunity to have a discussion of how you're going to invest in facilities that allow these micro-mobility options of scooters, electric bikes, and others to safely commute.

Families and and with young children should be able to commute to the daily activities safely, but they shouldn't be able to do it on an electric bike on the beach walk with other um with other modes of transportation.

So the Midbeach Day Right Association is entirely opposed to this pilot.

Thank you.

Thank you.

Our next public speaker is Inez's iPhone.

Please unmute yourself.

Yes, sorry, I I was off the phone uh the last time.

Uh my name is Inez Flox, I'm at 1500 Ocean Drive.

I agree with uh Commissioner Rosen and with the uh uh Resident who just spoke.

And I don't think that electric bicycles to take tickets to school should have an exemption.

I think the only exception should be electric wheelchairs for handicapped people.

Uh thank you very much.

Thank you.

There are no other public speakers.

Okay.

Uh I don't know if uh Mr.

Merka.

Anyone else want to be heard?

Uh I'll say something and then Matthew.

Um I'm gonna put some homework in your shoes here.

Uh you've heard from some pretty prominent uh groups and not just one or two people disguising as neighborhood groups, but MBU, South of Fifth, MBNA.

Um I'm gonna vote to move this along today just to give you the opportunity to have further discussions and facilitate discussions.

Um, but I'm hard pressed to see me voting yes on second reading if we're still late years away.

So I'm doing this, I don't want to say as a courtesy to you, but I believe in this overall vision, but you have some things that you need to work out between first and second reading if this is truly something you're passionate about.

Use the resources of your group.

Um, but I I don't want to be put in a position where the people that are you know most adjacent to the beach walk here are in such strong opposition.

Um you're great at this.

Go and and do what you can to meet with them to try and uh bridge this gap uh between first and second reading.

And Mr.

Mayor, it would be great if we could get a demonstration in front of the police department at some point.

Yes, we see the difference in the speed.

Um, you know, what does 10 miles an hour what does 10 miles an hour on an electric bicycle look like?

Sure, we can accommodate them.

That'd be great, absolutely.

And to better understand then, you know, what is the feedback?

Yes, a personal one.

Of course.

What's your 40-yard dash, Chief?

Okay.

I'll send them the item.

Let's call the vote.

So I have motion book from Commissioner Dominguez, seconded by Commissioner Fernandez as amendments.

The amendments I have is uh change the age to 10 years of age, uh, plus a public meeting between first and second reading and exclude March 2016 from the nine-month pilot program.

Uh Vice Mayor Magazine.

Yes.

Commissioner Fernandez.

Yes.

Commissioner Suarez.

Commissioner Rosen Gonzalez.

No.

Commissioner Bottom.

No.

Commissioner Dominguez.

Um, I mean, yes, but I also want to make sure that the pilot stated excluding the month of March.

I included it.

Yep.

Mayor Minor.

No.

Motion fails.

The item is not approved.

Yes.

Item failed.

Three, uh, it's four votes.

Yes.

Three, no.

I'm sorry, no, it passes.

So sorry.

No, it's four-seven.

So we got four votes that passes.

Sorry.

I thought it was a five-seventh vote.

So, as amended, 10 years of age, public meeting between first and second reading, and exclude March 2026 from the nine-month pilot program.

For the record, do you want second reading to be September 17th, which is right around the corner, or October 29th?

October 29th.

It's too soon to do all of the meetings by then.

So October 29th, 2025 is second reading.

Thank you.

Item passes.

Uh wrap up two budget items, R7C and R7D.

R7C, it's a public hearing.

Adopt Eighth Amendment to fiscal year 2025 operating budget.

Good morning again.

Um, this again is the eighth amendment to the operating budget.

It contains two items.

It recommends the appropriation of 790,000.

And um one item, which is the 2026 FIFA World Cup sponsorship, was approved at the July City Commission meeting.

The approval was for 1.25 million dollars.

700,000 was 750,000 was approved for FY25, and the remaining 50 500,000 was approved for FI 2026.

So this would be to appropriate 750,000 in this year's budget.

And then the second item is a Biscayne Beach Elementary Sewer Infrastructure Improvement Project in the amount of 40,000 dollars.

And this is coming from funds from the Doveville development agreement that was approved by the city commission.

The 40,000 dollars was received, and this would be to appropriate the dollars for the project to proceed.

I'll move the item.

Mr.

Manager has work been completed at Biscoin Beach Elementary.

No, I believe we have one more, two more weekends.

Okay to finish the work.

I'll move the item.

I'll say motion.

I'm sorry, who seconded it?

I apologize.

It is a public hearing.

I see no one.

Oh, yeah, we have Larry Schaefer on Zoom.

Mr.

Schaefer, you have two minutes.

Go ahead, sir.

Larry Schaefer 233 First Street.

Uh the school is uh a different government entity with a massive budget.

They tax, and they're not even all of our home state exemptions and save our homes caps are not subject, are not included when calculating uh school taxes.

I see no reason why our city, which which is throwing money in every direction except for things like saving the the water.

Now we're paying for uh a repair and school property.

Why don't we go why don't we get the school to pay for their broken pipe?

What I don't understand.

Thank you.

There is no other one, there's no other person requesting to speak.

Uh all in favor of R7C, please say aye.

Aye.

Anyone opposed?

R7C is passed and adopted 7-0.

The second item is also a public hearing.

Adopt 9th amendment to the fiscal year 2025 capital budget, R7D.

And this item is the same item that was approved earlier in the North B CRE's budget.

This is just appropriate in that same hundred thousand dollars in the overall city's capital budgets.

It is a public hearing.

No one requesting to speak on Zoom or in the audience.

Motion please.

Anyone want to move the item?

Commissioner Magazine, want to move the item?

I'll move.

Yes.

Budget item, I figured right up your alley.

I'll second.

All in favor, please say aye.

Aye.

Aye.

Anyone opposed?

R7D is approved, seven zero.

Yes.

Thank you.

Appreciate all the work, Jason and Tamika and your whole and your whole team.

Let's call R5G and R5H.

I want to defer those two items to the next.

Gotta give me another item to call then.

Well, give me one second.

So we're deferring uh to September 17th.

R5G and H.

I know there are residents that have concerns, and I want to make sure that I engage with those residents.

And I apologize.

I did see those emails come in, and I was not able to respond.

It's out of courtesy.

I want to make sure I get the rest of them.

No, it's all good.

They deserve.

But uh it may be the first time in the history of a commission meeting where you have seven sponsors to an item and you deferred it.

So out of courtesy to our residents.

No, 100%.

And then of course we uh we appreciate that.

Um let's call R5J.

R5J is an order to the mayor's city commission of the city of Miami Beach Florida.

Amending chapter two of the My Beach Resiliency Code and Title Administration and Review Procedures by amending Article 1 and title land use boards by amending division one and titled generally at section 2.1.1.3 thereof entitled terms of office to rename the section as appointment and terms of office and to adopt restrictions on the appointment of a city vendor, including a principal or employee of a vendor to a city land use board and providing for repealer codification observability and effective date.

R5J.

It is a public hearing.

The item at first reading public hearing, the item requires five sevenths vote.

R5J.

Commissioner Suarez.

Thank you, Mr.

Mayor.

Nick, if you could take it away, that'd be great.

Sure, I'd be happy to.

Um so this is an amendment to the land development regulations to prohibit the appointment of a city vendor, including a principal or employee of a city vendor, to any of the city's land use boards.

This is a revision to an initial piece of legislation that the sponsor brought, which would have applied to all city boards in the city.

At first reading of that item, the the ordinance was amended to apply only to the land use boards.

It was referred to the planning board and the planning board reviewed and transmitted it with a favorable recommendation.

The ordinance would apply to any uh any city vendor except an individual or entity providing goods, equipment, or services of ten thousand dollars or less in a city fiscal year, or that receive ten thousand dollars or less in grant funds from the city in a given fiscal year.

Um the ordinance also clarifies that the term principal includes an officer, a member of the board of directors, or any person holding directly or indirectly a 5% or greater ownership interest in the entity.

That 5% threshold is consistent with other rules in our code of ethics.

I'm sorry, and lastly, it provides for a waiver uh of the restriction on a 5-7s vote by the city commission.

Okay, I think we hashed it out at the last meeting, and I um I narrowly tailored it to the land use boards, which have a very uh strong um impact on our decision making.

And I I think it's prudent for us to really remove any sort of conflict of interest that any vendor uh for the city of Miami Beach might weigh in on specifically for for land use uh decisions.

So I'm not trying to belabor this like we did for this the bicycle bicycle item on uh the last meeting, but I'd just like to move it, see what my colleagues stand on this.

Commissioner Rosa Gonzalez.

So I understand that I think you should definitely pick a size.

Like you're either going to do business with the city or you're gonna be a resident on a committee advocating for something in the city.

But this does have some unintended consequences.

We have several large multinational companies that we do business with the city.

For example, like ATT, what would you say are our biggest largest vendors, Eric?

If you had to just pick five few of them.

I mean ATT is probably one of the better ones.

Okay, well, okay.

Just to give you an example.

But like let's say that I'm just an employee of ATT, right?

I'm not really representing the the governmental interest or large contracts.

All of a sudden, I can't serve on a board.

So there's you have to fix this.

You have to go back and look at all of our vendors who are above a certain amount and or make some sort of exemption for large national or international corporations that residents could potentially work for, but not necessarily control these large contracts with municipalities, and I think that would make this more fair.

Otherwise, you know, there's consequences to it, you know.

So I but I I do understand that the spirit of it, I support it to some extent.

Uh, but I do think there you have to fix that.

Yeah, through the mayor, I think we we address that with a five-sevenths vote, right?

I think that that covers that.

And also, you know, for the point of like ATT, you know, just a quick example that comes to mind is you know, if they work for ATT and they need to put more 5G cell towers, and that has to go before the planning board.

You know, that could be a potential conflict of interest.

So, yeah, but there's a recusal.

See, here's what you don't understand.

I don't we have a no, if you have a conflict, do we not already have an ordinance that says that you may you have to recuse yourself if you have some sort of conflict conflict of interest?

I mean, I already know half a dozen conflicts of interest that has happened in the last 12 months, and none of the recuse.

Well, then those should definitely be referred to the inspector general.

If you see recusals that aren't happening, you should point them out.

But um, I don't see what somebody has an expertise.

Here's another question.

Because once we pass this ordinance, like it can we can only reverse it by a charter amendment, you know, so it becomes very, very difficult.

What if somebody who works for a certain company has an expertise and we would like them to somehow be involved in a city committee.

Now I guess we have the five-seventh vote.

Is that what you're saying?

Is this just to I don't know.

I think that because we have the recusal, um I I'm just not sure why you need to legislate this.

And by the way, I have no, you know, I have no interest.

I I mean I'll vote for it.

I just think that sometimes you tie our hands in ways because sometimes it's hard to find the right people to serve on these committees anyway.

And you could have an employee of an architectural firm or somebody who could who could really contribute.

They couldn't like fill certain spaces, especially like when it comes to like the landscape architects.

Now you've hamstrung that board, and they don't have a professional um it because we've overrestricted it.

Or they don't want to be they don't apply because they don't want to have to come in front of us for a five sevenths vote.

This is limited to city vendors, not just private individuals who have businesses.

So if you have if you are contracted by the city for a certain job, I don't think you should be in positions of power to make legislation or uh quasi judicial legislation uh when your business might be uh weighing your decision.

Very simple.

I just I want to I want to draw a bright line distinction between financial incentives and and what's best for the city.

And I think this is the best way to do it.

Sure, we can we can send uh a recommendation to the inspector general, but that's just a waste of time in my opinion.

So we're the legislators, you know.

If we have this is this is where uh ethics gets ethics ethics codes get uh drafted and and passed.

And we're the responsible ones for this.

Uh I I I like the spirit of what you're doing, that's why I've always been very supportive of them.

Um and I'll continue to, and I'll support this one.

Thank you.

I'll move to the other question.

Second, uh from Commissioner Suarez, seconded by Commissioner Fernandez.

Uh there's no one on Zoom requesting to speak, no one in the audience.

Commissioner Dominguez.

Yes.

Commissioner Fernandez.

Yes.

Yes.

Commissioner Bach.

Yes.

Rosen Gonzalez.

Yes.

Commissioner Suarez.

Yes.

Minor.

Yes.

Motion carry second reading public hearing scheduled for October twenty-ninth.

So today is September third, and it was circled on the calendar as our commission meeting, and I've been looking at that date for a couple of months.

What I didn't realize today is also a special day because it's our city manager, Eric Carpenter's birthday today.

Happy birthday.

I hope it's not a surprise, because I think there might be a little celebration for you upstairs.

So uh if I ruined it, sorry for me.

No taxpayer fund is I am told of being used for this.

So uh I hope you enjoy your special day.

And um we'll take a break.

Let's uh let's break till one fifteen.

One fifteen, we'll break.

Please take your seats.

The meeting is about to begin.

Remember to speak into the microphone as this meeting is being recorded for public record.

Please stand by.

We are going on air in five, four, three, two, one.

Welcome back to our commission meeting after our lunch break.

Very nice, Mr.

Mayor.

Thank you for asking.

Good.

We're gonna proceed with our public comment.

Anyone who wants to speak, please come to the mic.

Call in on Zoom.

So hey, please state your name, address, and you have two minutes.

Go ahead, sir.

Uh my name is Timothy Sanders.

I'm from Pierre K1 Miami Beach Marina.

Um I was nominated as a community go between, I guess, between a thousand residents and the marina over three years ago, and we've made a lot of good progress.

I'd like to thank you guys for the holiday weekend, the progress you made there.

It was very quiet.

What a great place to live.

We all have a paradise here.

But today I'm here to speak because um legitimate business owners have called about their concerns about R5P, and they are Coast Guard certified businesses.

So the the issues at the marina still have been six boats.

Everybody has their names.

They're the problem.

It's not your legitimate business owners.

And it's gonna hurt legitimate business tax revenue and the city and the marina operator if you cut hours back on these legitimate operators.

Your issues here are bare boat charters.

I can't say that enough because people lease these boats, they actually own these boats when they take them out.

They're supposed to be able to choose their captain.

They don't, they've given a captain.

But your bare boat charters and even those.

We have 450 boats uh slips in the marina.

You've got six bad actors, everybody knows who they are.

The majority of them are on Pier K and Pier J, and they just need to go.

And then we just go move forward.

Move forward.

Thank you very much.

Thank you.

What's a bear boat charter?

A bare boat charter.

Um, I think Dan who owns uh Fly Sobe could tell you better.

I I can tell you it's where a group actually owns the boat.

They lease the boat from the owner, and they're supposed to be able to choose their captain, which they're always appointed one captain, and these are the issues that we have here.

But you know, all that said and done.

We have 450 slips at the marina.

There are six operators in there, to my knowledge, after being involved in this for over three years, that are the problem.

They're still there.

God above can't move them, and the majority of them are in J and K peers.

So that causes a lot of grief with our residents there at Murano Puertofino, the yacht club, um, Rebecca Towers, our elderly community.

So he can tell you better what a bare boat charter is.

It's it's it's rough, you know.

It's rough.

Our the companies that are Coast Guard certified should be cut out of this altogether.

They shouldn't even have a curfew.

They've never caused one issue.

They've never caused one issue.

It's good for the city, it's good for the neighborhood, our business, our business, our legitimate businesses don't need to be targeted with these people.

So thank you very much.

Commissioner Bott.

I'm sorry, can you come back to the podium for a quick second?

I just have a question of clarification.

Um how does a boat operate without being a commercial vessel operate without being Coast Guard certified?

I thought that there would have to be some kind of license.

It's a bare boat charter.

Actually, the city gives them a BTR.

And you know, I don't want to get into a negative anything today because of the job you guys did over the weekend over the holiday weekend.

I mean, it was the calmest Miami Beach has ever been.

And everybody seemed to kind of unify again instead of being separated.

And in my opinion, we have the best commission and city government of any city.

But I'm not I'm not making a distinction between bear back and and Coast Guard certified Coast Guard certified.

Sorry.

That was a movie, I think.

Bro Bank Mountain or something.

I'm sorry.

Um, I you're saying bear boat.

No, no, my my question is you can you can operate um you can operate, let's say, a um uh an Uber, right?

You can be uh a driver of an Uber or you can operate your own private car, but you still haven't have to have a license to operate that vehicle.

So explain to me how that they're getting BTRs from the city.

I don't know how these six vessels that everybody has been informed of who they are.

The marina operator, uh Mike Greco has helped us a lot clean up out there over the last three years.

Everybody knows who the problematic charters are there.

Right, but so I guess the question is so to operate a boat, you don't have to get any kind of licensing from the Coast Guard.

You can just buy the goat, please.

I don't know.

By the way, we're gonna have a discussion on this very shortly.

And just real quick, I mean, really, this this is my kind of like my my one of my biggest.

If you could set your name to start, uh Dan Breitenstein, uh resident 90 Alton Road, also an operator out of Miami Beach Marina.

Um, this is one of my biggest grievances is when we talk about it's super confusing, right?

These questions you're asking.

And really, in between these two like this reading here, I would like to have the Coast Guard come in.

There's a couple fellas that can really explain this really, really well.

I can explain it as well.

I mean, it'll take five minutes when I can do it later on in this meeting.

But uh a bear boat, the operator of that bear boat does not need a captain's license.

And actually, a bear boat rental.

Um the person renting that boat actually owns that boat for that period of time.

The actual I mean the so it's it's called a demise charter.

So when you if you're gonna come to me and I have a boat that's for rent for a thousand bucks for four hours, we're gonna sign a contract, and that boat's gonna be yours.

You're responsible for that.

You need to have insurance for that boat.

I have nothing to do with it.

You're supposed to actually reach out and um I'm supposed to give you a list of names of captains that can operate that boat.

You're gonna choose that person.

So there's it's kind of a long-winded explanation, but simply put, the people that operate these bare boat charters, it is not required by law for that person that's operating the boat to have a captain's license.

How scary is that?

The people operating these boats, they don't need to be enrolled in a random drug consortium.

So on a commercial side, you have to have a licensed captain.

All crew members that are in a safety sensitive position, they need to be enrolled in a random drug consortium.

So the controls are in place by the Coast Guard on the commercial side to do this.

On the bare boat side, there really aren't rules.

So when you go to rent a car, you can't rent a car without having a a driver's license.

So why would you be able to do that with a boat?

It's a loophole.

It's bear it it is the it at its simplest form.

It it's a boat uh the bare boat charter is a boat rental.

It's really not they call it a bare boat charter, but is it is a rental.

So, Rick, does the city have jurisdiction over that, or is that a Coast Guard matter?

I mean, can could we hypothetically say that um you have to have a licensed captain operating your boat, or you need to like I I this idea of people I mean, because you can provide a list of people to operate who are licensed captains, but it's up incumbent upon the person who's renting to actually hire somebody to do that.

Right, right.

And keep in mind that what we're talking about here is not a forbidding or prohibiting the use of these bare boat uh here's bare boats.

Um, but we would have to look at what preemptions might exist under state law.

I don't think that we are expressly preempted from doing anything with bare boat charters, but I think we would want to look at that between first and second reading, which I think we're gonna get into a bit later.

Okay.

But the really cool thing to do would be to bring, like, even if it's uh like Miami Water Patrol, because they are part of enforcement out on the water for this, those guys are well versed in these rules and laws.

And I think that's the one thing that you you guys, it's there's a big huge mission on understanding, and there is a difference between the bear boat side, the the boat rental side, and the actual commercial side.

All the boats that I have, we are on the commercial side on how we operate operate.

So, and that's the thing with you guys don't have all the information, and it it's super confusing.

Like if I say, Yeah, the person operating a bear boat doesn't need to have a captain's license.

Why is that?

But if we were to have this conversation between these two readings here, so you guys would know what we're really talking about.

I mean, I know it's not what we're kind of talking about here with this rollback, but it it's a big deal.

Um commercial operators, like in the eyes of the Coast Guard, the the CFRs are it's way different than the bear boat side.

We're gonna discuss this.

We're gonna discuss this very shortly.

Thank you.

Our next uh virtual speaker is Sharon.

Sharon state your name address, and you have two minutes.

Hi, Sharon Weiss, uh 23381st Street.

Um I called in this morning.

I am I've been listening all morning, uh glutton for punishment.

Uh and I have to say I'm I'm like really really surprised about all of the discourse on uh other stuff not related to the water uh and and the dire situation with our water quality.

Uh I I we we're the beach, we're surrounded by water.

We are dependent on um tourism, and uh people that live here and pay our inflated property taxes enjoy going to the beach and using the water.

That's why we live here.

It uh I boggles my mind.

I cannot fathom why you're discussing anything other than water quality.

I know you have operation clean water, which you know, as a just a regular person seems like a bunch of BS and uh stuff to make the complainers go away.

Don't see how it's gonna help anything.

If I were in your shoes, I would be directing all resources to the water quality.

I would not be spending money on on funding uh pet projects, on you know, paying for shade sales, on giving money for sister cities on arts and culture.

None of that matters if our water is dirty and people are getting sick from the water.

So, you know, that's my comment.

I'm shocked and surprised at the direction that the that the commission is taking.

Thank you.

Sir, go ahead.

Uh John Byrne, 400 Alton Road.

Honorable Commission members, I want to thank you for your service to the city.

I rise in defense of the pride sidewalk and to thank you for supporting an administrative hearing.

And I also want to thank City Manager Carpenter for submitting a letter to Florida DOT.

This is a key first step.

However, it's also imperative today that the commission hear and vote on Commissioner Fernandez's resolution, resolution R7, directing city staff to exist to exhaust all appeal options.

Mayor Minor, I ask for your support in bringing this important resolution to a vote.

The administrative hearings we've seen for other cities, Delray Beach, Key West, have been farcical without even an administrative judge, and we know that we need to lead with additional steps.

I think it's important that the Commission direct city staff to explore all legal options, including an appeal after the initial hearing.

If there is no vote on Commissioner Fernandez's resolution today, I fear Miami Beach will fall victim to an overnight eradication of our history, like we saw with Orlando's Pulse Sidewalk.

There is a real possibility if we don't take all the important legal steps.

Honorable Commissioners, we cannot let this illegal effort to steal transportation funds to stand.

If it does, Miami Beach is effectively surrendering its independence as a city, and we'll become only a vassal of the state.

What today begins as a sidewalk will tomorrow will be historic preservation, climate resiliency, and our global renown in arts and culture.

We can't throw what makes us unique down the drain.

Mr.

Mayor, please allow discussion on commission Commissioner Fernandez's R7 resolution.

Thank you for your time.

Thank you.

Our next public speaker is Larry Schaefer.

Mr.

Schaefer, state your name, address.

You have two minutes.

Larry Schaefer, 2331st Street.

This morning, we heard about robots, rainbow crosswalks, glitter and plastic pedals on the beach, no bid 100,000 contracts for shade sales, paint colors for buildings, and e-bikes with kids on the beachwalk.

All of these are topics of interest to the people that are impacted and in general.

But none of these is as important as clean water from the tap, clean water in the bay, and clean water in the ocean.

Everyone needs clean water.

Everyone doesn't need many of these items on the agenda.

Why do I keep talking about this?

Because I was injured in the polluted water myself, and I still have tinnitus in my left ear to this day.

I don't want other people who go swimming in Miami Beach to lose their hearing temporarily.

I don't want others to have blood come from out of their ears from swimming in the water.

I want people to know of the risk of the waters that surround our island city.

On February 3rd, 2025, this commission passed a 43 million dollar appropriation to replace failing sewage pumps.

You are well aware that your sewage infrastructure is failing.

I'm gonna read from a letter prepared by Mr.

Carpenter, happy birthday.

Here, this is what he said.

In 2020, force main breaks at sewage pump station 28 prompted a citywide moratorium.

The moratorium wasn't to stay out of the water, the moratorium was stopped building.

On June 29th, 2023, one of the three pumps at Pump Station 28 malfunctioned again.

And on January 12th, 2024, a second of the three pumps malfunctioned.

This is the pump station between the high school and the Hebrew school.

It's it's malfunctioning.

It can't handle the load from all the other cities.

And this is what you're doing 43 million for that station.

I personally saw biohazard bins in North Beach near your sewer pump station number 23, near the Parkview Canal.

Can you explain why biohazard bins are near that facility if it's clean and not producing excess waste?

Operation Clean Water is not working.

Look at the results.

You're go ahead, please.

Go ahead.

Thank you.

Good afternoon.

My name is Mary Aiken Strand, and I'm representing Equality Florida's 2,447 members in Miami Beach.

Earlier this morning, you heard from our senior political director and Miami Beach resident Joe Saunders, and I want to echo his thank yous to the commissioners that have brought resolutions today and joined us at Actions to preserve LGBTQ visibility at our Pride Crosswalks in Miami Beach.

I also want to extend a thank you to City Manager Carpenter for submitting a letter to the Florida DOT requesting an administrative hearing, which is your right.

That was a critical and important first step to protecting the ocean drive crosswalk.

It's important to clarify that Commissioner Fernandez's resolution, R7, directing city staff to exhaust the administrative remedies, including appeal options, is still important to hear and pass today.

The state is trying to push cities to comply with the removal of crosswalks in violation of their statutory right to administrative or legal challenges.

You all have a right to formal administrative hearings and also a right to an administrative appeal in front of a real in front of real administrative judges.

You have the right to make a clear case for local control and home rule and for the significance of this crosswalk.

You have the right to have this adjudicated in a court of law, should you choose.

We strongly encourage the commission to direct staff to exhaust these rights or the clock could run out.

This is a position that Key West, Delry Beach, and Fort Lauderdale have taken.

To exhaust administrative review options, which would be done by right in a formal hearing in front of an administrative judge for both an initial hearing and an appeal.

The threat that the state will step in to remove the ocean drive crosswalk at night, like they did in Orlando at Pulse, is very real.

This is a critical moment to declare your rights as local leaders to an administrative review and appeal and or legal options, like an injunction.

Waiting until next month would be too late.

Thank you very much for everything you've done already.

Thank you.

Our next virtual speaker is Miles Davis.

Go ahead.

You have two minutes, state your name and address.

Good afternoon, Commissioners.

My name is Miles Davis.

I live at 350 South Miami Avenue.

I serve as director of advocacy and communications at Save, South Florida's leading LGBTQ plus organization.

And I want to underscore like previous speakers why it's so important that you act today on Commissioner Fernandez's resolution directing staff to exhaust administrative remedies.