2026年4月22日迈阿密海滩市委员会会议摘要
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Good morning and welcome to our monthly commission meeting, April twenty second.
Looking forward to a good meeting.
Thank you to my colleagues who are here.
We'll uh have full quorum uh momentarily.
Uh turn it over to our city clerk, Ralph.
Any uh pertinent announcements.
Good morning, everyone.
The city commission is physically present in the commission chamber at Miami Beach City Hall, seventeen hundred, conventional center drive, third floor.
Members of the public are invited to attend either in person or virtually.
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Penrod Brothers Inc.
versus the City of Miami Beach and Boucher Brothers.
Case numbers 2023-16657-CA-01.
2023-56-AP-012.
2023-CV-23362.
And 2025 13415.
These cases are before the Florida 11th Circuit Civil, Florida 11th Circuit Civil Appellate Division, the South District Southern District of Florida, and the 11th Circuit Court of Appeals Federal.
Therefore, a private attorney client session will be held during the lunch recess of the city commission meeting in the city manager's lodge conference room on the fourth floor of City Hall to discuss settlement negotiations and/or strategy related to litigation expenditures regarding the above reference litigation matter.
The mayor will announce the commencement of the attorney client session prior to recession of prior to recessing the commission meeting.
Thank you.
We have a lot of celebrations going on in our city today.
Some of us are color coordinated to reflect one or both of those occasions.
It is uh Yomad's Mut, which is the uh Israeli modern state of Israel, Israel's Independence Day celebration, 78th birthday today.
So a lot of celebrations last night and today.
It's also Earth Day.
So congratulations, and uh we'll celebrate uh that as well.
So a lot of good things happening today, and but obviously a lot of work as well.
It's my honor to invite Pastor Eddie Gervais, Gervais, the uh Miami Beach police chaplain.
I love that badge.
This makes uh look good.
Thank you.
Good morning, Mayor, um, commissioner, city manager, and distinguished guests.
My name is Pastor Jervis.
It is an honor to stand before you today on this wonderful Wednesday morning.
Let me give you a little story.
In 1991, before I give the invocation, I had an opportunity to travel to Romania on school for a missions trip just after the fall of communism.
It was a nation in transition searching for identity, stability, and hope.
And during that trip, a translator discovered that we were from Miami with excitement and the first words out of his mouth Miami Beach.
Miami Beach.
He did not say New York.
He did not mention LA.
He did not even mention United States.
He mentioned Miami Beach.
And he requested to travel back with us, reserving a suitcase spot for him.
In that moment, I realized something powerful.
Miami Beach is not just a city, it's a global symbol.
It is a beacon, it is a brand, it is a witness to the world.
And with that recognition comes the responsibility.
Mr.
Mayor, you have it.
Commissioners, you have that responsibility, the power of leadership to determine this city on the map, the power of leadership to determine what it represents today.
You we're standing here reminded that the world is watching.
You're not just building, you're telling the world how to build.
You're not just promoting, you're letting the world know what you stand for.
And it all begins in this room, in this chamber, the meeting place, the launching pad, the decision that not only shape this city, but build influence globally.
Miami Beach.
Let us pray.
Heavenly Father, we just thank you for the privilege and service of leadership, and we ask that you would grant wisdom to the mayor and every commissioner in this room, wisdom to discern what is right, what is just, what is the best for the people they serve.
Give them clarity and decision making, courage, and moments of pressure, and unity in the midst of diversity.
Strengthen their minds, guide their hearts, and Lord, honor their steps.
Make every decision here reflect integrity, compassion, and vision that uplifts not only the city, but set an example for our nation and world.
Let the city of Miami Beach continue to be a beacon not only of beauty and influence, but of righteousness, excellence, and hope.
In your name we pray, amen.
Thank you.
You you that was very powerful.
You actually had chills up here listening to you speak.
So thank you.
And I I have that, I think probably speak for everyone here.
Yes, Miami Beach, no matter where you go in our country, around the globe, uh, it has a special reaction from people.
So thank you for reminding us of that, and of our responsibility uh with that.
And it's a big weight.
Thank you, Ms.
Bear.
Thank you, Commissioners.
And remember, South Beach is not Miami Beach.
I mean, not Miami, the city of Miami.
We're two different two different cities.
Absolutely.
Blessings.
I'm always reminding us often I get introduced.
They mention Miami.
I'm like Miami Beach.
And we do.
We put it in the name of a lot of the ban show.
We we make sure that we remind people.
So thank you for that.
Well, since it is Earth Day, we had Arbor Day.
I'm looking at Amy Knowles in the back to maybe would you want to come up and lead us in the Pledge of Allegiance.
Amy is our chief resilience officer and director of the environment and sustainability department.
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands.
One nation, under God, indivisible with liberty and justice for all.
Okay, we'll start our uh Sutnik time now.
Anyone?
Thank you, Mayor.
Uh anyone who's interested in speaking to the commission, please approach the podium.
State your name, address, and you have two minutes.
Um morning, commissioners, mayor and city staff.
My name is Joseph Frias, and resident of the Yak Club Protectino Marina Tang House.
I have been part of the Marina community in nearly four decades.
First, I would like to thank Commissioner Alex Fernandez for taking the initiative to introduce Terra Group, David Martin, regarding a potential marina project by Montes as well as a possible update to the 1999 list to reflect today's conditions.
I also want to thanks to recognize and knowledge of the challenge of our neighborhoods face over the past several years.
The increase in chartered board activity has brought impact that the marina infrastructure was never designed to support.
Particularly safety and quality of life for residents.
Additionally, I would like to thanks as a city manager, Osidominge, and assisted city manager Mart Taxi for taking the time to meet with our general manager, chief engineer and myself.
We appreciate the opportunity to address ongoing concern, especially regarding the misuse of the non-public Jack Claudefinal Garage and how that relates to the original least terms.
Moving forward with respectfully ask the city to remain proactive, not only in planning for the future improvement, but also in enforcing the current lease requirements and operational standards.
We will also appreciate the clear follow-up and accountability on these issues.
A first class facility that coexists responsibility with the residential community.
Thank you for your time and consideration.
Thank you, sir.
Next, please.
Okay.
Okay.
Yes, hi.
My name is Honor Gande.
I'm a resident of Miami Beach.
I grew up here and also I run a business out of here, just down the street.
So my topic of discussion is paddle courts.
Basically, I wanted to bring this up.
I want to first ask everybody in the room if anybody has played paddle.
So please raise your hand.
Okay.
Not many people have.
Some people have.
Okay, that's great.
And who has played sporting?
And how many people have played tennis?
Okay.
More people have played tennis.
And how about squash?
Okay.
Okay.
And then the last one is pickleball.
That's another popular sport nowadays.
Okay, perfect.
Just a few.
I love this interaction.
Paddle and paddle, basically.
Yeah, that's the same thing.
Yeah.
Yes, yes.
So basically, uh so basically I wanted to bring this topic up because what happens is there's a lot of uh proposals coming into uh uh you know in front of you guys uh for uh more and more pickleball courts and more and more more um paddle bore uh paddle courts and uh I think this is a problem with um the definition of uh this paddle court uh in fact it's not really a court it's a structure, it's a building structure.
Uh in fact, it's not really a court, it's a structure, it's a building structure.
So I created uh you know a chat GPT generated uh document which explains you know the difference between the different sports and also uh you know uh how you have to build these uh structures uh for paddle differently from uh tennis and so on.
Uh and then I also I also created another document which shows um the different projects uh that are in commercial zones and also projects that had some problems in the residential zones uh in West Palm Beach.
A billionaire, for example, wanted to build a paddle uh court, uh paddle structure on his backyard, and that he had some issues, and so on.
Anyway, uh I think I'm running out of time, right?
Um so overall uh my issue is uh one uh there's a uh paddle uh paddle court structure uh that's gonna be built uh on the top of the parking garage.
That's gonna eliminate 200 parking spaces.
Uh it's a good location because it doesn't create any light pollution, it doesn't create any noise.
It's away from residential zoning, it's great.
Uh but then uh there's a proposal which you're gonna review today uh in the afternoon, uh, where uh the design review board approved to build four paddle courts be four paddle structures behind my house on Lagore's uh you know uh golf course.
I bought a golf course property when I moved back from San Francisco, and uh now uh so uh these things uh create light pollution, they create uh noise.
Uh so I think when uh the commissioners and uh the city personnel review the cases, they have to interpret these uh paddle courts as paddle structures, and they have to also look at wind mitigation studies, they have to look at environmental effects, how the lights are gonna impact the birds, us, humans, and how we're gonna sleep at night if they're gonna build it next to my house.
So I really would like to ask you to you know start uh thinking about those kind of things when you're approving things.
So thank you so much.
And I have one more comment.
That's for the wrap it up.
We we have another session in the uh afternoon.
Yes, yes, but I have one more comment.
This is about ethics.
Uh the city attorney, uh Nick Kalurgis, um, needs to basically um apply um some um rules of the floor when he oversees uh the uh you know the sessions.
Uh for example, when the design review board uh uh member is uh voting, for example, for the paddle courts to be built in front of my house.
Uh she should make a disclosure about the fact that she owns two houses on a lot of golf course.
She should also make a disclosure about whether uh she uh is a member of the club or not, or whether her husband or son is a member of the club or not.
Thank you, sir.
Your own.
And none of these disclosures were made, and I think it's really uh not ethical.
So I got affected by this, so I just wanted to bring this up.
I had to fly from London here uh to uh present my case.
Thank you.
Well, thank you.
Thank you for being here.
Is that a public uh comment item?
Later.
Next, please.
Thank you.
Mr.
Mayor, just a suggestion.
Just a suggestion.
Commissioner Fernandez.
Maybe maybe we can refer a discussion to land use on the on the issue so we can expand on the discussion on setbags and that type of stuff of the patel.
Just a suggestion.
Um I'm happy to do it, but there is an item later on the on the agenda.
Correct?
It's a DRB appeal.
Well, there's a quasi-judicial hearing on uh a DRB appeal.
So I think what Commissioner Fernandez is suggesting is is different to address broader issues.
Sure.
Happy to do it.
Thank you.
So by acclamation of referral to land use to discuss setbacks regarding paddle courts.
Yeah, yeah, and other things.
Other related.
Yeah, yeah.
Okay, got it.
Okay, so thank you, sir.
Go ahead, please.
All right, good morning, everyone.
Uh my name is Manny Orozco.
I am here in my personal capacity as a lifelong Miami Beach resident in support of the towing item.
Uh I will not miss words in saying that towing in Miami Beach is known to be predatory.
And it represents some of the worst of what our city has to offer our residents.
Yes, I have been towed one too many times since I first got behind the wheel at 15.
Uh so safe to say I have been waiting for this moment.
Uh but my most recent towing just a few months ago is emblematic of what is wrong with the system.
I was towed for my residential zone, just a uh less than one-third of my car was touching the yellow curb.
Uh yet my entire car was taken.
And on top of the tow, the city issues a ticket, so you're hit twice.
Uh there's no worse feeling than walking outside and finding your car gone.
Uh there's no worse feeling than walking outside and finding your car gone, taken and ticketed, and over no real public uh safety justification feels like a violation because it is.
And the predatory behavior goes beyond just the tow itself.
These companies know every trick, claiming their card machines don't work, so you're uh forced to use their ATM machines and pay additional fees.
I once caught them attempting to tow my car from a private lot without the uh property owner calling for the towing, uh knowing that they can't do that.
But I only knew that because of my background in local government.
Most people don't.
And that is exactly why stronger oversight of these operators need to be part of any reform.
Miami Beach is home to people of every social economic uh background.
When your car is taking your cart and you're required to pay large sums of money, uh, that is not a minor inconvenience.
That is a crisis for some people.
Commissioner Fernandez, Commissioner Bott, and every co-sponsor, thank you genuinely.
But I asked that the commission go one step further.
When the administration returns with their reform plan, please consider including a retroactive appeals window where residents towed for marginal violations in the last 12 to 24 months, can petition for a refund or a fee waiver and pair that with real accountability.
Other cities have done this, it is reasonable, it is doable, and it is the right thing to do for the residents of Miami Beach who have been screwed over by the towing companies.
Thank you very much.
Thank you, Matty.
And thank you, Commissioner Fernandez, for bringing the item.
I've actually gotten in the probably the last two or three weeks more complaints about the towing than I had in in several years.
So something is has to be going on.
I'm getting a lot of complaints about it.
So timely, timely item.
Thank you, Commissioner.
Thank you, sir.
Go ahead.
Good morning, Mayor.
Commissioners Matthew Galtanoff, 125 Jefferson Avenue.
Last Thursday, a woman was killed crossing 41st Street, just a few blocks from the mayor's home.
She had the green light.
She had the lock signal.
And she was in the crosswalk.
She did everything right.
A left-turning truck driver hit her with their mirror, and when she fell, the truck's rear wheels ran her over.
I don't know her name, but I know this.
It could have been any one of us.
The next day, a bicyclist was hit on Elton Road.
And recently a construction worker crashed on 17th Street.
Those are just a few of what we heard about.
Last year, according to Signal 4 Analytics, nine people died on Miami Beach's streets.
That's up from five the year before.
We're trending in the wrong direction.
Mr.
Mayor, you say that you want Miami Beach to be the safest city in America, and you boasted about bringing down violent crime, especially in March.
Bravo.
You and others deserve praise for that.
But for most residents, the real threat isn't a random act of violence.
It's crossing the street.
It's riding a bike.
Florida leads a nation in pedestrian and bicyclist deaths, or bicyclists killed.
And yet, silence from the stay is every week.
This commission gets a weekly homeless efforts email.
It's a scorecard of people arrested, baker act, or taken to shelters.
Every week you measure enforcement against the unhoused.
Where is the weekly email of traffic crashes?
If it matters, you measure it.
Almost a year ago, the city adopted a vision zero action plan with a goal of eliminating deaths and serious injuries on our streets.
The target date?
2040.
15 more years.
Meanwhile, excuse me, Mr.
Mayor, could I have one more minute?
Yes, thank you.
Meanwhile, Hoboken, New Jersey, hasn't had a traffic death since January 2017.
Almost 10 years.
It's a city our size.
And it's just across the water from Manhattan, like we're across the water from downtown Miami.
They didn't wait until 2040.
So I ask, what will you do to make it safer for people to cross the street?
Residents don't just feel unsafe.
The data proves that they aren't.
Thank you.
Thank you, Matt.
Actually, uh appreciate your comments.
I'm I'm presenting tomorrow to the Miami Day TPO of Transportation Planning Organization.
Um water taxi is a big topic conversation, but so is bicycle safety, uh bicycle lanes, pedestrian safety.
That's uh uh part of what I'm gonna be addressing.
It's a it's a countywide problem.
Um the numbers are not good for countywide, as you know.
Um, and uh certainly it's something that we're looking to to address.
I'll also add you you mentioned the uh the tragedy last week on 41st, and uh I may ask my colleagues for for help on this too.
I had brought an item um a year or so, probably more.
There's there's two lanes on 40th and 42nd.
Uh there's uh 40th and 42nd, there's three intersections that we can add an extra lane.
Um so you can have a dedicated left turn lane with a signal.
Um, but it's it requires some, and we're gonna we're gonna need to push FDOT on this in a big way.
Um, and that would not only potentially ease traffic, because I I uh I'm a believer in that a lot of the problems is too much traffic.
So you have so many cars and pedestrians, but you also have a situation where we could have a dedicated left turn lane on three of the intersections, and uh we need to make sure that happens.
Um it uh it's there's too many guys.
I mean, my understanding in that situation is the driver for whatever reason didn't even see her.
Don't know why that is.
I'll I'll leave I'll leave it to the police to uh to conduct their investigation, but um a tragedy nonetheless.
But we recognize the issues.
Thank you.
Thank you, Ms.
Mayor.
Is there anyone else present?
Good morning.
I'm Mitch Novick.
I manage two multi-family unit apartment buildings here on Miami Beach.
Yesterday I received my two waste connections trash invoices.
They've gone up 17% over last month.
I called uh my account manager said it's pretty much across the board.
Uh and when I arrived here uh nearly 40 years ago, we had up to seven trash haulers to choose from.
Uh in recent years, that's down to two in terms of two available.
Uh I would urge you to immediately add a third trash hauler to uh to to make for some true competition because uh it's the residents here who are getting uh trashed uh uh due to this uh monopoly.
I've been following your water rate increase discussions.
Uh you want to raise the rates uh by 10 percent each year uh uh for the next five years.
Uh let me remind you since Jimmy Morales became our city manager uh I don't know, what was it, 15 years ago?
We've had rate increases every year in October uh uh on utility rate, uh utility billing water rates.
I would urge you to cautious in that time since Jimmy uh arrived here.
We've hired 500 more employees.
It's not so much the water rates themselves, it's the infrastructure improvements.
Uh that uh I've been paying for.
We've had these, we had incremental increases years ago.
Our uh infrastructure by all means should have been gold plated by now.
So that should be uh a primary focus.
Thank you.
Thank you.
Anyone else present wishes to speak?
Uh seeing none, I'm going to go to Zoom.
Our first caller is David.
David, state your name, address, and you have two minutes.
David, go ahead, please.
David, we cannot hear you.
Uh can you hear me now?
Yes.
Okay.
David Sexton, 30-year resident of Miami Beach.
Uh, I want to thank the commission for moving forward with the Byron Carlisle.
It's a project that is near and dear to North Beach and to all of our residents.
Uh we got great results from the RFQ.
That resulted in a three-way tie.
All three of those firms are amazing.
But one of those firms, Brooks Scarpa Uber Architects has true connections to our community.
The other two are based in other countries, and this firm has res people involved in it that are actually residents of our community.
So, in the case of this tie, I think weight has to be placed on that local uh in local connection, and I I hope that that's the way this will move forward.
Thank you.
Thank you.
Our next caller is Rachel Siegel.
State your name, address, so you have two minutes.
Siegel, please unmute yourself.
Uh I'm sorry.
Okay, can you hear me now?
Yes, go ahead, please.
Okay.
My name is Rachel Siegel.
I live right by South Point Park.
And I own an eight-pound dog who loves to play.
She's only two years old and she loves to run around and play.
And unfortunately, there's no place where she could safely run.
And therefore, what I am really supporting is the resignation to create an early morning off leash area.
So my dog, as well as the big dogs that are able to do that in the dog park, can enjoy being a dog and run around and run free without a leash.
And she could get her exercised and live as happily as the big dogs that get to enjoy the dog park, the existing dog park.
So I really would appreciate it if there was a time that I could take my dog off lease and not be harassed by the rangers.
Thank you so much.
Thank you, Ms.
Siegel.
Our next caller is Omar.
Omar state your name, address, and you have two minutes.
Hi, Omar Jimenez, uh 7324 Gary Avenue, Miami Beach, North Beach.
Good morning, everyone.
In recognition of Earth Day, I'm calling about a very important public safety item that's been on the agenda for about two years now without any progress.
Commissioner Commissioner Dominguez initially sponsored it and it was uh co-sponsored by Tanya Bat.
That is Crab Ali or Tatum Waterway Walkway, North Beach.
As we celebrate Earth Day, there's a big push to qualify our city as a blue zone.
But I think it's very important to highlight the current impasse that the city attorney's office has been having with the county school board and the county in relation to establishing a successful Eastmith agreement on the Tatum Waterway Walkway.
In order to allow the city of Miami Beach to do the right necessary public safety upgrades to the walkway.
That's all that's currently all broken up and unsafe to add lighting so that at night it's not unsafe for residents and to curtail vagrancy so that people don't go there to smoke drugs and homeless people use it as a uh night sleeping shelter.
Um I'd really appreciate if we could put a little bit more emphasis on this, especially since it's Earth Day and the city is so focused on qualifying as a blue zones.
Thank you.
Thank you so much.
All right, thanks.
Our next caller is Mark Gelman.
Good morning.
Can you hear me?
Go ahead, sir.
Mark Gilman, I live in Midbeach.
Uh I want to echo much of what Matt just presented regarding street safety.
And I want to question, I live on Midbeach and I'm and we cross 41st Street regularly, as do many of the residents.
I want to ask the question to the commission and to the police chief.
What is being done right now, immediately to keep our streets safe?
I heard the mayor's presentation of what you're looking into for the future.
But why are there not police all day long, not just during the three to five hours or three to seven hours later in the day, but all day long at those intersections that are so busy?
There needs to be traffic police there all day long, making sure it is safe for pedestrians to cross the street.
This is not the first time someone has been hit and injured.
This time with a fidelity.
What is the police department doing today?
Now thank you.
Thank you so much.
Our next caller is Judith Smeigle.
Good morning, and thank you.
I'm also concerned constantly about being in danger when I cross in the street.
And having signing, telling people it's a major deterrent.
I understand there's some blockage at the county level, but I urge the mayor to bring that up.
Thank you.
Thank you so much.
Anyone else in the audience?
Seeing none, Sutnik is concluded, Mayor.
Thank you.
Any other announcements before we start with the agenda?
Yes, sir.
The following items have been separated from the consent agenda.
You have a list that includes these.
Commissioner Dominguez is separating C4O to recuse herself and C7P.
Commissioner Fernandez is separating C2E.
Commissioner Mateo Salinas is separating C7P.
And please note she has added to separate C7U that is not on your list.
So if you could please manually add C7U as a separated item.
Commissioner Suarez is separating C7P and C7AF.
If I can have a motion to accept the consent agenda excluding the separated items.
Moved.
Oh, yes.
Okay.
That item that you mentioned.
A C7P.
I'm sorry.
So sorry.
C4O.
So sorry.
It's my fault.
So you are asking that to it basically recuse yourself from that.
That's the only reason why I pulled it when item gets called.
I will leave the chambers.
Okay, thank you so much.
I heard that I have a motion by Commissioner Fernandez seconded by Mayor Minor.
All in favor of the consent agenda excluding the consent the pulled items, please say aye.
Aye.
Anyone opposed?
Hearing none, the consent agenda excluding those items is approved.
Any other announcements?
No, sir.
All right.
R9L.
R9.
R9L to discuss the South Security Ballards North End of Ocean Drive, Midbeach, Beach Walk.
Commissioner Magazine, co-sponsor by Commissioner Bott and Suarez.
Yeah, thank you, Mr.
Mayor.
Uh this kind of follows a theme that I've really been addressing is really taking pride in the appearance and aesthetics of our city, especially somewhere like Ocean Drive, which we all uphold as the postcard to our city.
Right?
We all take such pride in the architecture that is there, in Loomis Park.
I was there this weekend, as I am most weekends.
And when it is good, it is just unparalleled the best in the world.
But we also need to treat our public rights of a way for which we hold responsibility in the same high regard that we hold property owners uh in that area because it is all one ecosystem.
So with security also in mind, at the north end of Ocean Drive, for several years, we have just had this uh intermittent situation that does not uphold those standards of uh beauty and aesthetics, and uh really making that one of the most pristine areas, not only in our city, but in the entire country in the entire world.
I think when we do things, we should always strive for excellence and world class.
Uh so with that, I'd like to move forward from this situation that just looks like we're stuck in purgatory with the this ugly half-broken gate that goes up and down by somebody that's there, and install something that you would see uh in places that are world class in front of the New York Stock Exchange in downtown Manhattan.
Uh it's not intricate, but it just adds uh aesthetic uh beauty to that area.
So I'll hand it over to uh David Gomez, uh head of CIP to kind of walk us through those steps.
Good morning, Mr.
Mayor, Commissioners.
Um, David Gomez, Director of Capital Improvements.
Um, thank you, Commissioner Magazine, for for doing a pretty good job of summing up where we are.
The as you all are intimately aware, there is a concern with security on the beachwalk and and restricting particularly vehicular access to the beachwalk uh and ensuring the safety of the users of the beachwalk.
We have completed a comprehensive study of not just the areas at Lumis Park, but citywide.
We have met with uh community representatives as well as uh Commissioner Magazine and and his office.
Um we have heard feedback from the community regarding the aesthetics and the functionality of the of the whatever system we put in place.
There is a layer of penetration that is necessary for city vehicles and city maintenance vehicles, and even on some occasions private maintenance vehicles.
So we have identified in the short term some quick fixes that we can put in place while we develop uh uh a broader fix, and we've identified potential solutions.
We are now ready to begin sharing that.
I've just given a report to the city manager's office, which I'm sure they have not had time to review yet.
Uh, and we're happy to bring back some recommendations on a quick fix.
Thank you, David.
Do you have uh depictions of what those uh solutions are?
We do.
There's actually a couple of different ones uh that are I mean today.
Uh I don't I didn't bring them with me, but I can get them to you today.
Um some of the things that we're looking at is uh, for example, on the at the end of Fifth Street uh at uh Lumis Park, there's some concrete barriers.
Uh and I think that's the that's the aesthetic we're we're using for the temporary solution, something like that or similar, so that we can start controlling access and yet be somewhat cognizant of this.
And especially in our mid-beach area, right?
That is uh it's a concern.
We've seen cars uh erroneously.
Thankfully, it's not been anything nefarious uh that have actually traversed on the uh beachwalk there.
Um so we need to move forward, we need to move forward swiftly, but we also need to move forward in in the manner that I said earlier, where taking pride in this is truly a world-class area, whether it be ocean drive, the beach walking, mid beach.
So we need to do things with the highest regard for aesthetics while also serving a great functionality.
So look forward to that design.
Let's move forward with this quick because like I said, uh this is something that is much better to be proactive on uh than God willing, not reactive.
Okay.
Good morning again, Mitch Novick.
I live in the uh entertainment district.
Uh Commissioner Magazine, you referenced the railroad type gate.
Uh that was ordered removed by the county.
Uh uh, that was the one in front of the Betsy Hotel.
Uh remember, we paid up to nearly a million dollars a year on private traffic management, which resulted in chaos.
Some poor guy got both at legs amputated, uh being run over by a tractor trailer truck along ocean court.
You can't close the street.
I traverse that street and it's net it in it it greatly disrupts my business whenever it's closed.
Uh uh as for the southern end, uh there's been traffic cones there.
Sure, that could be beautified.
But remember, public safety is paramount.
Uh who could forget the poor guy uh who was shot dead during the pandemic when uh uh fire rescue couldn't uh get to him, he had to be taken by a golf court cart to 15th Street so first uh responders could uh do their best to assist him.
Thank you.
Uh Madam Visemor?
Yes.
Um I just in response to your comments, Mitch.
I want to point out to anybody who is listening and and engage with you on this.
This is um not intended to impede the public safety access for our life safety people, fire station fire it would be hard to move a fire station.
Um we've tried.
Um fire engines and police vehicles and emergency vehicles are are going to be able to get through, depending on what the system is that we use.
There are various types of systems that will um indicate to drivers that they are not supposed to be there.
In North Beach, I've seen full-on motorcycles, but this is even before micromobility getting on at Ocean Terrace and speeding at 50 miles an hour down uh the beach walk.
Um we've seen people in Limit Park not knowing that they're in the wrong place driving on the grass.
So this is intended to do that and and prevent people from getting onto those areas.
And I would remind everybody if um you know there are literally medieval cities in Europe with incredibly narrow cobblestone streets that have bollards that can be um recessed and automatically um operated by the vehicle m uh vehicle trying to get in, even residents who are living on those streets to keep unwanted traffic off.
So it is a necessary thing.
It's been uh uh kicking around for a very long time.
I'm you know a little frustrated that it's been so long, but it's it's uh coming forward and it it is necessary for the city.
Um and there are ways to do it in a manner that um will not impede the desired flow of traffic.
So I just wanted to clarify that David, are we getting funding from the state for these ballards?
There is no funding for the state at this time.
The current budget we have is a partial funding.
There's there's another request that's happening as part of the budget cycle.
Okay.
Commissioner Magazine.
I think we're waiting on CIP, they sent a report to uh the city manager.
But we talked about moving forward, so I think we can uh table this discussion.
Right.
I don't think there's a motion.
Do you when you say table, do you want me to put it back next month or keep it on until I think we'll trust the administration to move forward, and if not, I'll put it back on.
Okay.
R 9T.
R 9T is a gustic action update from police and transportation on traffic congestion in North Beach, R9T.
Commissioner Bott.
Um okay, so this is like a slow rolling ongoing conversation.
Um it actually is um a conversation that incorporates um things that are being handled by transportation, um things that are being handled by public works, and things that are handled by police.
So maybe if we could have everybody up to the podium and and um we can talk about some of the issues that we are facing and the steps that we are taking so that everybody can be aware.
This is something I've been working on since I was elected.
Um, in particular, the um triangle, I call it the Bermuda Triangle.
Um, when you're driving north on Indian Creek, where it turns into the triangle with I think it's Abbott.
I'm terrible at street names.
I've only lived here 23 years.
Why would I possibly know the street names?
Um I think it's it's Abbott, right?
The when it goes off of Indian Creek and then intersects with uh with uh 71st and Dickens.
That Bermuda Triangle is a disaster at the best of times and absolutely impassable and unsafe at the worst.
It backs up starting at 3 30 in the afternoon.
It is um it backs up um heading south from about 7.50 in the morning.
Um the there is a side street that cuts in that people use as a back conduit, which is legal and permissible, but they don't seem to think that the rules of traffic apply to them, so they don't stop at the stop sign.
People turn into streets going in the opposite way of the right of way for traffic.
Um somehow in that triangle, people are so desperate to get through that intersection that they do the most insane illegal driving maneuvers, and I see it every single day.
So I would like to call on all three of you to talk about the the steps that we've been implementing and are in the process of implementing, even though um uh there's stuff that's still in very early develop developmental stage, and there's also stuff that we've been uh working with and has uh improved things, but this is not the uh where we're finishing.
This is just an update.
So you guys decide who gets to go first.
All right, everyone's looking at me.
Okay, Jose.
No pressure, ma'am.
Good morning, Mr.
Mayor, Commissioners, Jose Gonzalez, Transportation and Mobility Director.
Um we are all painfully aware of that triangle, that in you know, that area, not just that intersection, but that you know, the whole area there in North Beach.
Um, you know, the the congestion that we see happening there in the mornings, southbound, in the afternoons, now uh northbound.
Large part of it is a product of a couple things.
First of all, the the lay of the land.
The the roads that we have, not too many in that area.
It's a thin part of Miami Beach, so um not too many choices, and secondly, um demand exceeding the capacity of the roads.
Those roads have looked exactly how they look today.
They've looked like that way for decades and decades and decades.
Um however, the land use around it has changed quite significantly over the decades.
So let me stop you there for a second.
Tom, I think you're here, right?
You're back.
Sorry, dragging you up here too.
So this is a conversation you and I have had multiple times over the years, even from before I was on the planning board.
We require new developments to do traffic studies.
And Jose, this falls within your your bailiwick as well.
We require um individual development projects, um, even if they're being developed within zoning as opposed to through a DA to do a traffic study.
And I have never heard a project come back saying, no, no, no, we have to think differently about the size and scale of our project because it's going to impact the traffic flow negatively in this area.
Not once.
And my thing has been, and we've talked about it ad nauseum.
How do we do this better?
Because it the traffic study requirements that we have in our code apply to a small radius.
But nobody is looking holistically.
We have 13, now we have 18 buildings coming up in the town beach in the North Beach town center.
Nobody has done a holistic traffic study because it's not required.
Every independent development developer has done what is required, and yet I think the technical term is that screws over the residents.
Because we have now 18 projects that that when you aggregate them together, um destroys the limited space that we have.
So can you address how we can change that, improve that going forward so that we can I mean we can't add roads?
Uh and we'll talk in a minute about some of the things that John and Jose are working on together to change the flow.
But can you please address that?
If it's a a land use uh, you know, some kind of code amendment that we do, if it's mandated by the state, how we can change it because we can't keep going on.
It's happening all over the city, and it's going to get worse.
The the area of North Beach, um, like the rest of the city is falls within a larger concurrency exemption area.
And so under state law, the the city cannot deny a development project, even if it's a failing roadway.
And unfortunately, not just in North Beach, but other areas of the city.
We have a lot of failing roadways and a lot of failing intersections.
So how do we change that?
Is that a that would be a state law?
That is that a legislative priority that this shit city should adopt for next year?
I mean, this is a public safety issue.
If people can't get off the island during a hurricane scare, that's a huge problem.
Would you yield?
Uh Commissioner.
Okay.
Tom, could you explain that again?
Okay, because I this is like my job just dropped.
I've never heard of this before.
And it's quite frankly alarming.
So tell me specifically again.
What is that that that we're not allowed to do?
So under state law, um, we cannot deny a development project that otherwise meets all applicable requirements of our LDRs, our complan, even if it's maybe preempted in terms of FAR height through Live Local Act based upon failing roadways or failing intersections.
We can require traffic studies, which I do believe take into account uh future development projects and expanded areas, but those traffic studies and circulation studies basically help inform the best ways to get vehicles in and out of that particular project, but they don't address the larger issue of failing roadways and failing intersections, short of a change in state law, that's something that we just have to manage and deal with as best we can.
And so here, if if I may, through the vice mayor.
Herein lies the issue, because Commissioner Fernandez is arguably the most well informed about land use laws from the state and and the city and the county with his experience.
And the fact that I would push back on that.
I'll push back to on that.
I don't want to be the most experienced.
I'll leave that to our city attorney.
The fact that he didn't know this, and you and I have been talking about this for years.
I it is such a fundamental life safety issue.
And I've said from day one, our biggest job here, our only job here is protecting our residents.
Everything else is secondary.
We can argue about all the details, but our job is to protect our residents and our visitors.
And if one of the biggest threats is that they can't get to the hospital because of rush hour traffic.
I mean, we were at in a neighborhood meeting yesterday where people were saying it took 40 minutes to go two miles.
It's not during our boss, which is the way it used to be when I moved here, where everyone knew you just plan differently.
It's a random Tuesday in April.
It's not okay.
So we need to figure this out.
And I'm I'm not yet, I mean, I know it sounds like I'm yelling, but I'm not actually yelling at you.
I'm just sort of, you know, feeling salty.
Uh this is not an we can't let this this continue to be the status quo because people will die.
Matthew brought up some really um painful issues about people dying on our roads.
It's only going to get worse.
We are compounding all of these issues all of the time with lots of different angles, and we can't just say, well, we can't do it because the state.
So collectively, I'm I all of the staff and lawyers and everybody, we need to figure out how we're gonna resolve this because we the just status quo is not sufficient.
That's gonna be a longer heavy lift, and I and um I I hope we can engage constructively on this going forward.
In the meantime, if we can, and thank you for that, Tom, I appreciate that.
But if we can go back to the the tactical things that we're doing to nibble around the edges to improve things where we can, and will, I think he's probably here in his favorite corner, is um also working on issues which uh impact these um traffic situations as well.
So if you'll come up and talk about that.
So okay.
Commissioner Bonk, do you mind if I interject with a quick question on sort of the topic you just raised?
I just want to make sure clear we talked about sidewalks and intersections, but John John Norris, a public works director.
But still on infrastructure, we can reject projects if we don't believe it we could possibly meet the demand.
Is that is that accurate?
I'm going to start Tom.
Yeah, we're underwater.
Mr.
Mayor, under water and sewer.
Yeah, under the um state comprehensive planning laws, um, we are not prohibited from requiring that before a building permit is issued, any development project, whether it's live local or as of right, must meet the minimum level of service standards for water and sewer.
Okay, and so that we can absolutely still do.
Right, well, I I don't want to take the floor.
We have Commissioner Monica in the question.
But I thought I want to, but I know Commissioner Bottom has before.
Okay, Jose, you want to keep talking about sure.
So um I would like to focus on one aspect of all this congestion, which is the signal signal timing in North Beach.
So it's we've we've you know noticed upon reviewing traffic signal timing plans in that part of the city that the signals are absolutely not coordinated.
Um what has happened, I think, over over the years, because there have been coordination efforts on behalf of the DOT and the county, but they've been isolated efforts, separate.
Uh the two agencies may not necessarily coordinate these efforts, and they have focused on north-south.
And so one of the things we've noticed is because of that focus on coordinating the North South Avenues, the east-west corridors have suffered.
And uh on 69th Street, for example.
If you're trying to travel east-west on 69th Street, you may stop at every intersection.
The North South corridors, you know, the signals may be better timed than the East West.
So it's an unintended consequence of efforts that have not necessarily been coordinated by other agencies in the past.
So that's something that we are uh starting to get our arms around and and um and and address.
And we're doing that through a city-led optimization pilot that uh the goal of which is to optimize uh the the not just the that iron triangle, but the as much as possible of North Beach, the the primary corridors, including 71st Street from Bay Road to Collins Avenue, Dickens from 77 to Indian Creek, Abbott Avenue from 71st to Indian Creek, Indian Creek itself from 71st to 63rd, Collins from 71st to 63rd, and 69th Street from Harding to Collins Avenue.
So that pretty much covers all the key roads in that um uh area of North Beach that is definitely having some some issues.
And technology.
Just to clarify that, that's a pilot program.
So in theory, if it goes the way intended, then that learning and technology can be extended to the 41st Street corridor, which is a disaster, to 5th street to 17th Street.
Is that correct?
That is correct, Commissioner, because the beauty of this is that we will own this AI-powered equipment and technology.
We will own that.
So we will be able to, you know, once the signals that I just mentioned in North Beach are optimized as much as practicable, then we'll be able to take that equipment, install it somewhere else, and perform a similar exercise.
So it's it's I think I think it's it's very good.
I think it's been a you know a long time coming.
Technology has helped a lot.
Now there's AI-powered uh technology that is extremely intelligent and can just generate optimized signal timing plans much quicker than in the past.
Um as you all know, we do not control signal timing.
Uh Miami Dade County does.
So the outcome of this pilot, which will be optimized signal timing plans based on real-time data that will be shared with Miami Dade County for review and hopefully approval and implementation, but it's up to them.
And so on that point, I think Commissioner Suarez, you sponsored something last month, I think, to to take over the signalization for the entire city of Miami Beach from the county so that we can react in real time.
I mean, recently there was a breach of security in the county system, and so nobody was allowed because we have a situation where we are able to access the information.
We can't change it without their approval, but we can see what they're seeing and recommend.
And because they had a data breach of some sort or a security breach, we were shut out from that for a couple of days at a minimum, right?
It's longer than that.
Okay, so right.
I I I couldn't remember where we left off.
But so this is the kind of thing, and I know it's complicated, you know, it's it's expensive.
We'd have to figure out how to do it.
It's adding people, and I know we're all as a body trying to be very fiscally responsible.
But the number one traffic the number one concern we hear from residents all the time, regardless of boats and and Basel is traffic stinks.
What are you going to do about it?
So this is one of these things where this is the kind of stuff that government is supposed to do is figure the hard stuff out and do it.
Figure out the resources, test the pilot programs, take control over the infrastructure, and protect the community.
And so I I'm very excited about all of this.
And I I really urge all of us having this discussion to really um find a way to support these initiatives and help you in whatever way, if it means phone calls or visits with elected officials or you know, department officials and other jurisdictions.
But I think we need to stop nibbling around the edges and really look at this as what it is, which is a um systemic intractable problem.
I mean, every single person on this dais ran with traffic being one of our issues.
And every person in the prior commission and the prior commission before then, I mean, I can't tell you when traffic was not one of the top three issues that an elected official will run on.
So what are we doing about it?
It's been decades.
We now have enough resources, enough really talented people, and I think enough will and hopefully enough uh colleagues at the county level and at the state level who will work with us to let us manage a system that you know they should they've got their own issues to worry about.
It's it's very complicated.
So let us let us use the tools available to us.
Thank you, Commissioner.
That's exactly what we're doing with this AI-powered pilot uh project.
And the last thing I'll say um is in terms of interim improvements and more localized improvements that we're trying to do working with the county.
For example, we noticed that Indian Creek and 71st had faulty detection devices.
So we um we coordinated with the county to get and and also I want to uh thank uh Commissioner Steinberg who helped in expediting that on the Miami Dade County side, and that was resolved.
But that was really giving unnecessary green time to cars that weren't there, and just you know, really crippling that intersection.
Um and then in addition to that, and I guess it's a good segue for our police chief, there are officers at the intersections during the afternoon rush hour uh rush hours to try to at least at a minimum deter vehicles from blocking the intersection because when a road is over capacity, people start doing really crazy things, including blocking intersection, then no one moves, it's gridlock.
So that has helped.
Um for the pilot, actually the police resources uh were suspended so that we can collect real-time data that's not um you know skewed by any external factors or anything.
Right.
So we're working closely with police on that.
Chief.
The chair.
Through the just a quick question.
Jose, so you're can you just go a little bit more into detail about this pilot program?
So we have devices set up to collect data?
Yes.
And then okay.
What when was this approved?
Just curious.
I'm not trying to push back on, but just when was this approved?
How much did it cost?
And and is this movable?
Can we move it to other cities or other parts of the city?
Um so it was approved some some time ago.
We went through a lengthy procurement process to select the vendor.
Uh we we have the vendor rhythm engineering, they started this effort uh about I want to say about a month or so ago, maybe a couple months ago.
Um the devices uh which are you know have AI technology are more mobile or portable, if you will, and we are able to you know leave them in place for a while, collect the data.
This vendor has the software to that generates optimized signal timing plants, and that's really the the outcome of this effort.
So it would be it would be great to have if we could get approval from the county to take control over our roads, and we can this is another feather in our cap to to provide them and say, hey, look, we're we're investing in our city and the technology, and we can use this to better implement our signal timing.
We can this is another feather in our cap to provide them and say, hey, look, we're we're investing in our city and the technology, and we can use this to better implement our signal timing.
Yes.
And it and to build on that point, it it um makes their job easier because then they can focus on the rest of the mainland county without all the drama that is inherent in managing an overbuilt seven-mile stretch of sand in the Atlantic, right?
So they can focus their resources on the mainland, we can focus our resources on our stuff, and I think we'll all be better off as a result.
And if I could, Mr.
Mayor, I'm sorry, uh Commissioner uh Mateo Salinas, then Commissioner Magazine.
Thank you, Mr.
Mayor.
So um Jose, have has you and your team have we have us done any type of traffic study in North Beach to see where speed tables would be appropriate and applicable?
Uh speed tables uh meaning traffic calming.
Yes.
There is a traffic calming project.
It's a G general obligation bond project in North Beach, nor in Normandy Isle.
And that project is um I it's due to begin construction very shortly.
Um we've in essence passed the baton of the we conducted all the traffic studies associated, well, that are required for a traffic calming project.
And had the neighborhood outreach meetings.
And and had outreach meetings, and the project was actually refined as a result of uh community input.
And so we're finalized the plans and approved by Miami Dick County, and um I believe the project is currently with CIP.
They're going, they're getting ready for uh the procurement of a contractor for so um because my concerns are as these new developments are gonna be built and occupied, we're gonna have a lot more pedestrians in North Beach, and I am concerned about the safety of these pedestrians, especially considering what's been happening recently.
Um and so while I understand the need for synchronizing the lights, there's also the concern that you know people are gonna get hit um if if folks don't slow down.
So I'd like to see more speed tables in North Beach in appropriate locations.
Where are these speed tables going to be placed?
Well, um as part of the project I mentioned, they're in Normandy Isle.
So not necessarily, you know, in in the core of North Beach, this area that we're concentrating on of Abbott, Indian Creek.
Yes, uh 71st, 69th.
That's so and isn't 71st in Normandy and and also Collins, they're owned by the state FDI.
All of them that's correct.
So I'd like to um maybe you know have a resolution urging working with them to get we need speed tables on those streets.
They're just so dangerous.
And every time I go to the fountain, someone approaches me and says, why don't we have speed tables on 71st?
You know, I this person got hit or I heard and this person nearly got hit, and it's and also Collins is a big risk too near the public's.
I get every time I go to North Beach, I hear it.
So I'd like to um make a motion to have a resolution to go to FDOT that we need speed tables on these these three areas to slow folks down a little bit.
Through through the chair.
There's actually a resolution on this agenda doing that.
Yeah, I think it goes much.
Precisely that C7Z as in Zebra.
I think it goes back to that.
Through the chair.
Just real quick with Jose.
I think it was next to the quick follow-up.
So we have order or we don't.
Commissioner magazine.
Thank you.
We're a low-in-order city or not.
Thank you.
Um Jose, two quick things.
Uh one, this pilot program, we're not actually making changes.
We're just aggregating data, and it needs to go to the county for them to implement change, is that correct?
That's correct.
Okay.
And then secondly, whether it be in North Beach or I'll just use the area where we are at now in the Flamingo Park, Alton Road, between 5th and 17th Street, let's say.
The signals of the lights are are awful.
I think we can all agree on that.
Do we analyze in different areas whether it's appropriate to have alternative means besides traffic lights, right?
Would we be better served in areas like Flamingo Park adding more stop signs as opposed to traffic lights, adding roundabouts as opposed to traffic lights?
They make no rhyme or reason.
I go through that area every single day from my office or city hall down to South Point Elementary, and it can take me longer to get there without a single other car on the road than it can take me to get through from Brickle, quite literally to Alton Road, right?
And while I'm cognizant we don't want an open freeway because cars will travel on that as they will, but if we would replace stop signs with, I'm sorry, w replace traffic signals that seemingly are randomized and really not optimized well uh with stop signs.
But if we would replace stop signs with I'm sorry, w replace traffic signals that seemingly are randomized and really not optimized well with stop signs.
I think that's at least an avenue worth exploring.
What would be your kind of initial gut reaction to that?
Commissioner, very interesting question.
The study that you're referring to, I've never seen such a study.
It's not a study.
It's just using common sense.
Yeah.
Usually usually intersections are evaluated either alone or as part of a larger network, you know, a more comprehensive traffic study.
It usually does require a traffic study to install a signal where a signal does not currently exist.
Now, our signals have been there for many, many decades, so I don't know their origin, right?
I don't know.
But how about the opposite?
But the opposite in terms of removing a signal, it would also require a traffic study, uh sign and sealed by professional engineer.
Uh I will say that it's it's quite difficult.
It's been done before, but it's difficult because usually when there's a signal at an intersection, um the presumption is that that signal is warranted and that it's the safest device for that location.
That's why it requires a traffic study to undo, if you will, the existing condition of a signal.
Uh but it can be done.
Uh it can be done several ways.
Uh, you know, I I either as a standalone study looking at uh an intersection or a series of intersection, or as a neighborhood-wide uh project.
Either way, it yes, it it can be done, but it wouldn't need to be evaluated.
Okay, so uh by the way, since we're talking about this, I think it makes sense.
Um, Ralph, let's let's also call up R9AH relating to parking in North Beach this way.
We can simultaneously do bump items.
Yes, sir.
Can we can we just finish going through the the traffic stuff first before we get into the parking?
So subsequent.
Let's just call it up so it's yes, we can we'll do that.
So R9AH is disgusting action parking enforcement in North Beach.
So we'll have it both, but let's let's finish as you said, Commissioner Bach.
Who's next?
I think Chief.
Good morning, Mayor Commission.
Um some months ago, I remember you giving me a call was early evening in a rush hour time, and I won't use the word solity, but I think you're really energized about traffic in North Beach.
And in the next day, around 5 30, I decided driving myself to take a look at what you're referring to, and it took me 56 minutes and three seconds to move from the 63rd Street Bridge to 7-1 in a creek.
Well, I'm sorry, can we s did everyone catch that?
56 minutes and three seconds to go from 63rd Street to 71st Street on a Thursday.
Yeah.
Not during a high impact week.
No.
What would have happened?
I mean, in this case, it might have been okay if you, God forbid had a heart attack because there happens to be a fire station there.
But what the holy heck is that's just not okay.
Sorry, I was feeling salty.
Yeah.
Um so it was painful, and and and I quickly understood what you meant in the conversation the evening before.
Um I thought initially then uh perhaps my officers that were assigned to 73 and I'm sorry, six 71st in the creek.
Uh that person was not there that day when I got to the intersection, realized that the person was there, uh directing traffic using um what we call the pickle to manually override the traffic lights to make sure that um traffic is flowing as fast as as reasonably possible.
Um also had an office at the time at East Bay and 71st Street, uh preventing blocking of the box.
But given all that, it still was not enough.
Uh the final week, we temporarily assigned a motor units.
Um they were stationed 670 in the Creek, 690 Creek, um, in support of the officers that were already there.
The help um to some extent, but obviously uh not ideal.
Uh since then we've continued demanding a section at uh 71 in the creek, um, only suspending the manual override of the traffic signalization.
Um my colleague Jose said we need to do a traffic study to get clean data.
And if you were to continue to manually override the lights, you wouldn't have been able to get the data they needed to make a proper assessment.
Um officers still are there to make sure that um the intersection is not being blocked by cars uh too far straight to wait.
So if I may, um I I would suggest one of the additional things that we could do, especially while we're waiting for the pickling to be allowed to come back online, Jose, when do you think that'll be um let me let me get uh an exact date?
But things that contribute to the traffic drama is that people get really frustrated with the traffic, and like when you do get to the intersection of 71st in Indian Creek, um people do finally they're able to take a left term, but that traffic is really blocked up, and then you have people doing illegal U-turns into oncoming traffic.
So it might be a useful thing to have motor units stationed there as well to educate people that that's just not a thing you can do.
I'm sorry, but you cannot cross four lanes of traffic illegally and put all these other people who are coming at pretty high rates of speed around that curve at risk to slam into you and and t-bone your car.
Um and there are there are incidents like that.
There are places like that all over North Beach, and I'm sure other parts of the city as well, but you know, since since we're talking about this particular um uh uh set of actions, I think it we should look at that as well.
Sure.
Um I wanted to have Will and John talk about the things they're working on to help alleviate the traffic.
We have a couple of do you want to do that before we hear from uh a couple of your colleagues?
Um as you wish.
Well let's hear from uh Commissioner Monarch uh Mattel Salinas and then Commissioner Fernandez.
I just really quickly want to um the the resolution that's on C7Z, it's an urging to act out to implement traffic calming measures measures on Collins.
But I want to add to that if you're okay, Commissioner Dominguez, um 71st Street and Normandy, speed tables and traffic calming.
Would you be okay with that?
Yeah, I've uh so just to be clear, 71st Street already has um well, maybe you know, maybe you're talking about a different area, but there's a whole FDOT project that is about to break ground on 71st Street in Normandy going east and west.
Okay.
So but you know, whatever, we can work those details out.
And then I want to follow up with Commissioner Magazine's statement about replacing the lights with a four-way stop.
How do we do that?
Because I didn't know through traffic studies.
Evaluating intersections.
What do we have to do to get that?
Do we need to make a motion here?
Because there's a couple places where I agree with you that that would actually make sense.
Um, uh funding would be required to do that study.
And uh I'm not exactly sure.
I mean, it it depends on the scope and the scale of the study, how large it is.
So it's hard for me to say a cost off the cuff.
So could we bring back something?
I just there's just one in particular, just one intersection.
Yeah.
Through the chair.
Maybe a referral to the finance committee to discuss what the what the cost would be.
Okay.
Then I'd like to make that motion to make a referral to the finance committee to study one particular intersection in North Beach to see if it would make sense to replace the traffic light with a four-way stop.
Okay.
And whose rule is that Jose?
Do you need a study to remove that?
It's it's required.
But it's the state.
And in this case, I'm not sure if it's a local road or a state road or a or a county road.
So how do you know it's required if we don't know who's requiring?
If I may.
Um under the home rule charter of Miami Dade County, they have control over all traffic control devices, unless we have an interlocal agreement with them.
So that's the rule that Jose is referring to.
Um the county does not make modifications to the either you know, inclusion of stop signs or conversion of stop signs to signals.
I've never even heard of the reverse.
Um, but we certainly can look at that, but um the county will not entertain any of those asks without data to back it up.
I appreciate that.
Uh we worked for a year for stop signs, we had temporary stop signs, then we were told we needed studies on West Avenue by Fifth Street, by uh Five Park.
We went from a temporary stop sign and then it was removed because we said we needed to have a traffic study, uh, and then the traffic study didn't analyze.
We have a total mess out there now.
And then we just heard from our county commissioner yesterday going, that was all baloney.
You didn't you didn't need a study.
W we don't mandate where a city can put their stop signs.
Is she wrong?
To our transportation director.
My understanding, Commissioner, is that the county requires or the agency with jurisdiction, whether it's FDOT or Miami Dave County, requires a traffic engineering analysis to evaluate the best improvement for for that location.
Do any of my other colleagues that were there, do they have a similar recollection?
Well, what I mean but what I recollect is at the time Commissioner Oliver Gilbert initiated an ordinance transferring to local jurisdictions at municipalities, I think authority to make a lot of these decisions on their own as opposed to as opposed to having to seek approval approval from DTPW.
So shifting, shifting those approvals from the county having to do it uh to to the city.
I don't recall what that ordinance said and what the traffic manual said as it related to um to to these traffic studies.
What I do find uh incredibly frustrating is that whenever we have to do these traffic studies, we have to go to the outside to do these traffic studies, and they cost us like what, a couple hundred thousand dollars.
Not uh a normal, let's say, always stop control study that evaluates whether a stop, uh an alway stop is warranted at an intersection, that is a much less much less cost.
I I mean at some point I think it becomes cheaper to just do it in-house, have staff in-house that can do these traffic studies rather than constantly having to go out into the public and and and do this, you know, with with traffic engineers and giving them contracts and you know that's that's just a personal frustration I have Mr.
Mayor.
So I I'm a little bit um concerned that we have opinions of what we think the county and or state, but in this c case, primarily the county requires versus what and maybe it's just that somebody is misinformed and that's okay.
But I think we need to get a hundred percent certainty, because maybe what it is is that above a certain threshold there's a study that's required, but below a certain threshold we are empowered to do enough.
But somehow in translation over the years, that line got shifted in our collective, you know, uh uh memory of how things get done.
So can we, I don't know if this needs an urging legislatively, but can can you come back um no later than next month and you know, and maybe even an LTC to uh clearly delineate what what threshold for what type of changes by jurisdiction city, county, state, because the fact that this is not a a hundred percent I know X, Y, and Z is cause for concern.
And it might just be that a a new commissioner to the county um uh misspoke, which is perfectly legitimate.
People do that all the time.
I'm it's not a you know, it I you know it just happens, so it's not a slam.
I just think we all need to know for sure.
Yeah, and Commissioner, if I can uh I appreciate that, and perhaps the county commissioner did misspeak, and I actually just texted her right now uh to be very clear.
But if we got that wrong, it's not okay.
Yeah.
It's not that this cost us months of work and tens, if not hundreds of thousands of dollars of taxpayer money.
And if I find out that FDOT or the county has no jurisdiction over that, and we're running through the the these hoops and spending taxpayer money for no reason, that that's not going to be okay.
I'm sick of this stuff.
It takes years to do anything.
Yeah, years to put in a stop sign to put in a crosswalk.
I've been up here for three years trying to put in a crosswalk and we can't do it.
What how how can how can we endeavor to to greatness?
If it takes three years to put in a crosswalk, if we can't sit here with a straight face and know if we could put a stop sign on our street or not, that's not okay.
That is not okay.
And if the county commissioner comes back and says, no, you don't need FDOT or the county uh jurisdiction to place the stop sign.
I'm I'm gonna have a big issue because we went through months.
We had community members out there on the streets at community meetings, spending tens of thousands of dollars on studies, and then we got rid of the stop signs.
That's going to be an issue.
We need to figure this stuff out.
So if I could um yeah, just through the same conversation of topic of traffic, I won't want to get back to traffic.
You know, one of the things that I see also in North Beach that are that causes a lot of traffic is you have these delivery trucks.
That's why Will's coming up to the podium.
Yeah.
So can we have Will?
I'd like to, yeah, I'd like to also like talk about it.
Right.
Um especially on Collins when you are approaching like the 63rd Street uh bridge, you you you have three lanes going north, and you have these trucks that service both hotels on the on the east and west side, and they'll just they'll just park right in the middle of the street um and block up traffic, and then that's usually what happens at the start of of things getting bad.
I even sent a picture to the city manager where you had a delivery truck, and then you had waste management in the middle lane.
Horrible.
And then and I'm I'm taking pictures of this and I'm saying, like, how you know how is this even possible?
Um it just seems like there's no enforcement.
Yep.
Okay, Eric.
You know, I'm and I don't I'm not gonna talk to you.
Well, I'm gonna talk to you.
You're the one who's responsible.
You're the one who is supposed to be managing the city.
So at least from from my perspective, all my issues are gonna be directed to you.
Because you're the one who's gonna be responsible for managing this.
Now I still see it happening.
I still see delivery trucks uh on on Collins going north, and then I also see waste management trucks going in the middle lane.
You know, I I there has to be enforcement.
If there's no enforcement, people are just never going to change their behavior.
So, you know, I I it's not a silver bullet for the traffic in North Beach.
But you know, I it's we we have to attack this from b all sides.
And it it really comes down to how detailed can we be when it comes to enforcement.
So, you know.
Eric, what what can we do about that?
Because it happens every day.
So we used to have the waste haulers come and do the pickups very early in the morning.
Um unfortunately, there were a lot of complaints from residents about the noise related to the early morning pickups.
And so when the waste haulers pushed later into the morning into the early afternoon, that's fine.
That's they run into a lot more traffic.
But then blocking the middle lane on Collins is illegal.
So I you know, it's not like they they can still go later in the day, but they shouldn't be blocking traffic in the middle of the lane.
And if you yield commission raise, I want to build upon that.
Okay.
You know, the garbage trucks, that's one scenario, and it's uh I feel almost it's like a deflection.
Because the real problem is that it's that throughout the day, our roadways, they're blocked by yes, X, Cisco, all these other delivery trucks that are blocking Collins Avenue.
And then and then you're sitting in traffic on Collins Avenue, you think there's a bad accident or something.
It is a delivery truck.
It is a delivery truck.
Why?
Because they can't park uh at one of the alpha uh one of the FLZs because someone else uh is is parked there who probably shouldn't be parked there by the way.
And so and so then now we we we end up with this situation that our city is gridlock because you have these trucks all over, all over.
And yes, on occasion, yeah, it might it might be um it might be the uh the garbage trucks, but it's much bigger than that than the garbage trucks.
And oh, by the way, go into the residential neighborhoods.
Go into the residential neighborhoods, and you can and it's it's so unsafe in the residential neighborhoods with all the trucks.
You try try to drive down Prairie Avenue.
Try to drive down Prairie Avenue, trucks not only blocking traffic, blocking bicycle lanes on the routes to school that children should be using.
Imagine that.
Where children are supposed to be using those bicycle lanes so that they can go safely to to school.
We have delivery trucks, we have construction trucks, we have pool repairmen, we have stuff throughout all of these residential neighborhoods that's also creating traffic.
And where's the enforcement?
And if I can build on that, Commissioner Fernandez, um on two points that you made.
Uh it's not just on and and Commissioner Suarez, it's not just on Collins.
I mean, you you guys know this, but for people who are listening in, you know, Will, I sent you pictures two days ago, I think, of um an 18-wheeler truck, an 18-wheeler truck on um 74th on the alley beh between Collins and Harding, doing a K-turn, like a double K turn to pull into the alley that was already blocked by other 18-wheeler or slightly smaller trucks.
It was it was it would have been funny if it weren't so dangerous.
And then you have in these residential neighborhoods narrow streets that were built for a different size vehicle, and now you have you know the F-150 king cab trucks that stick out into the right-of-way, and you don't have the proper speed zones, right?
So the state says or the county says you can go 25 miles an hour here, but if you do, God help you, because right around the bend, there's a pickup truck with a uh uh um a towing little harness thingy, whatever they're called, sticking out, and so you can't see what's in front of it, and you have an Uber waiting to pick up a passenger, and in front of that you have a delivery truck.
I mean, it is you know, to Matthew's point earlier, and and um it is such a disaster waiting to happen.
I feel like we are frogs in the po in in the boiling pot, and we are starting to watch the water go from lukewarm to a low simmer.
We're not boiling over yet, but how many people dying is it going to take for us to do the heavy lifting, the difficult work, and saying to to vendors, you know what, you cannot bring an 18-wheeler truck into the city, with very rare exceptions, and we can discuss that to talk about um uh delivery vehicles, uh uh Amazon and all those guys, that they have to pull into the buildings.
They have to pull into somebody's driveway.
I'm sorry if it's inconvenient.
I'm sorry if the valet person doesn't choose to do that because it slows down the valet, but somebody's life could be saved.
I mean, uh again, I come back to this position of our job is to keep our residents safe.
And we have so many impediments blocking us, no pun intended, that we have to start looking at this outside the box and and reminding people that to do business here, to make your deliveries here, you have to do it in a way that conforms with our safety requirements.
And unfortunately, we can't handle 18-wheeler trucks.
And and you can't just pull over to the side of the road.
And uh the having the waste management people come, I can understand nobody wants them at 6 a.m., I got it.
But they should not be able to come on main intersections and main thoroughfares before 9.30.
They can do their pickup work between 9.30 and 4.
And if they need to have a couple extra trucks to get the routes covered in that time frame, that they're making a lot of money off us.
They can buy a couple more trucks to make sure they get those routes covered, right?
They cannot do what they want willy-nilly.
It's enough.
I'm exhausted by this saying, well, this is how they've always done it.
Or their trucks are too big, or it would cost too much money for them to retrofit something.
Enough.
You want the contract, you want the business, we're gonna give it to you, but on our terms.
So again, if you could just oh, sorry.
But in the meantime, in the meantime, between now and week, and we create that shift, we have a responsibility as a city government to make sure that these trucks are not blocking our roads.
It's gonna take time to get to that point where we sit down with Amazon, where we sit down with all these companies, which I think is a great point you're making, Commissioner Bod, and encourage them to go to a transfer station and go from a big truck to a smaller truck, as so many urban communities, built-out communities do throughout the country and the world.
But in the meantime, we have the resources to be correcting these issues through enforcement.
Our roadways need to be open for our residents, and when the chief of police is telling you it takes them 53 minutes, 53 minutes to get from point A to point B.
Not from one end of the city to the opposite end of the city.
A small distance.
How far how far was it again?
Eight blocks.
Eight blocks.
That is alarming.
That is alarming.
It speaks to a traffic state of emergency that we are dealing with in our city, and I expect, Mr.
Manager, that all departments are hands-on deck in addressing it because it all can't fall on the police department.
And Will is working.
Can can Will just explain some of the things we've already put in place and then talk to us about what we can do to uh expedite, put more teeth into it.
I mean, we've had a lot of these conversations already.
Yeah, and also what do you need from us to help you enact this enforcement, which we clearly need to change behavior?
What do you need from us?
So I'll start with where we're at.
So uh we are currently, and I know we've talked about the color-coded curves, but not only these color-coded curves, but uh the city manager allowed us to enter an agreement with a company called Automotis.
These are AI cameras that we place at every one of our freight loading zones.
We are in the process of of getting this up and running, where we will not only be able to automatically identify when a violation is occurring, we can dispatch a parking enforcement specialist to that zone immediately to clear that freight loading zone, but we can also better understand the occupancy because we do hear we hear anecdotal evidence, like all your freight loading zones are always taken.
But these cameras will actually let us know that, for example, between the hours of 7A to 3P or 7A to 7P, depending on the hours of that freight loading zone, what's the actual occupancy?
On top of that, these cameras are going to give a live look to any delivery company on what freight loading zone is open at that point in time.
So if you are planning your deliveries, you can pull up your tablet and look.
This freight loading zone is within two blocks of where I'm at.
I can go there.
So this should be transformative in the way that we allow companies that are coming and delivering on Miami Beach.
Now, as far as Well, can I interject there?
What is the process to enact enforcement?
Um, because I want to be sure that there's not bureaucracy within that process.
And this is anecdotal, but maybe a year and a half ago, I was down the entertainment district and saw one who was highly inappropriate digital billboard sign advertising things that just we're knocking room with uh uh a city.
Um but it was in a freight loading zone in front of a fire.
It was long, it was half in a freight loading zone, half in a fire.
And I forget if I called police or something along those lines, they go, okay, we need to dispatch parking first, and they come out, they do their process, then they have to call somebody, then they call the towing company, and by the time the process played out, this guy came back with a I remember vividly with with full carry out food, and he just gets there and essentially after a half hour, uh he's leaving just as some of our staff is getting there to actually put teeth through this enforcement.
So are there steps that need to be cut out that make our process more efficient?
Well, as of right now, no, because that is what these cameras are supposed to solve.
So right now, the way that we dispatch freight loading enforcement, we have zones uh that are specifically for freight loading, and let's say on a daytime shift, we'll dispatch four parking enforcement specialists that are dedicated solely to freight loading zones.
Well, right now, they just it they leap in bound in there in their territory looking for violations.
But when they leave an area, they might not come back to that area for 20 minutes.
With the cameras, yes, ma'am.
I I was just gonna say it's not just the freight loading zones.
Like we need enforcement for the people who just pull over and block a lane of traffic.
So that's a different thing.
So that's what I'm hoping to, and I'll use I I believe and I don't want to speak for the police, but I think code enforcement as well.
So these cameras should allow us to go more toward a territorial enforcement.
So for example, I don't have to say I'm only going to focus on freight loading zones, because I have a camera that is watching that zone.
And as soon as it identifies a possible violation, I will get an alert, and then I can head over there.
But in the meantime, because I don't have to just look for freight loading zone, freight loading zone.
Well, how how are you gonna get over there if the traffic's backed up?
Yeah.
Well, I mean it's funny, but it's a valid point.
And and so the police are now they now have um uh six ema e-bikes that were donated, um, five of which are gonna be on the road to enforce certain kinds of activity.
Um we've had the conversation all of us on the dais over the last number of years of why do we have um so many trucks for the city, which I understand because you're hauling stuff and picking stuff up.
I get that.
But maybe one of the things we should be looking at as we go through the upcoming budget process is police code, um parking, and and maybe another department, but those three departments should have e-bikes that they are trained to ride safely.
This doesn't give anybody a pass to be.
Yeah, and and like they need to be really models of riding them safely for obvious reasons that we'll talk about later, but so that you have somebody is uh assigned to a zone, and you can get there in five minutes.
I mean, you can regardless of the traffic and still riding safely, complying with the rules of the road, you're not gonna be backed up for 56 minutes going eight blocks.
I mean, I think that should be a you know, can I make a motion to to have the administration discuss and bring back to us what a best plan would be to supplement existing departments with those sorts of resources?
I mean, this is this can't keep going on the way it is.
Like we've got to we've got to do things differently.
It is not good enough to say it's how it's always been, or we don't have the budget for like this is what we decide to spend the budget on, right?
This is this is the work we're supposed to do here.
So Commissioner, I want to I I sent PJ what I wanted to show you into what you're talking about with the 18 wheelers.
PJ, if you could play it up on the screen, please.
Point This is at the intersection on Collins and it's going to be Canada North, and then this is blocking literally the middle lane, and then it has to make a right.
If there's any third street can you know you could you could you could close the video things like that, Commissioner, where it makes sense like that doesn't belong there.
And you know, it it it hits the curb and then the curb breaks and it doesn't have a radius, so it's not just us making that turn, it now has to back up.
And nobody's expecting uh an 18-wheeler to back up like that.
It is a giant cluster.
The whole thing is a disaster.
Yeah.
So well, is there any way we can have photo enforcement?
So instead of having people to just go there, like you get a picture of the license plate.
So, yes, and actually, so the the cameras in the freight loading zones, for example, do they are going to be photo enforcement.
So our office.
Yeah, but they're okay.
So but for that particular intersection, we know that there's hotels on both sides and there's delivery trucks that constantly go by and then they block the lane.
Can we enforce um our our ordinances for that particular location?
Not necessarily in a loading zone, because if there was a loading zone, there wouldn't be no problem.
Yeah, so I believe so, and I I want to it it gets into if they are staying there, we would most likely be able to enforce with for obstruction of traffic, which does fall under parkings purview.
Um the challenge would be where are we mounting the camera at?
Because I know exactly where that is because that's about the same thing.
I guess let me ask the city attorney, is that you know, Mr.
DePico, is that something we can enforce where you have a delivery truck or any kind of truck blocking a lane of traffic, and we know where the hotspots are.
Can we issue a citation uh through a camera detection system?
I don't believe that through a camera detection system that is currently allowed under Florida law.
I think that's gonna have to be manual enforcement either by police or parking.
And there was what if it was on the Arctic where you had a police officer viewing the monitoring the camera live?
I will have to look to see whether that's a possibility.
I just I just my frustration is that we've we've had these issues always.
And what has happened traditionally?
House staff gets focused on enforcement.
And I get the use of technology and wanting to test technology and wanting to pilot technology.
There is no reason why today we cannot have people on the streets engaging in this enforcement today.
So that so that so that while we work on the technology and we explore what you could do with the technology, whether you can call the parking department, whether you can use the cameras to call the the towing department to uh clear c clear the parking space or issue citations or whatever it may be, why we cannot start today having people doing enforcement because I guarantee you that today there are people who will be suffering in traffic because of these very violations that have been happening in our city.
And 10 years ago, 15 years ago, the cameras didn't exist and it was still being enforced, and I do not see the enforcement happening.
I'm grateful that you're looking at the technology.
It is it's smart, it's gonna help us use our staff more efficiently.
But I'm looking at what can be done starting today, Mr.
Manager.
To address it because people are suffering in this congestion right now, and we cannot afford to wait.
It is urgency.
And through the Matthew, I need to know what we can do.
Yeah, let me respond.
So I'm hearing you loud and clear that we need to step up enforcement activity on both the parking side, the police side, and code enforcement.
And that will be the mandate moving forward.
So wait, I have a question about in regards to the 18-wheelers.
Mr.
Attorney, can we create a municipal ordinance where 18 wheelers are not allowed in our city?
An outright ban would not be constitutionally permitted, but cities or municipalities can adopt certain restrictions on certain streets or areas because of safety concerns.
So we could study that more closely, but but but an outright ban would not be allowed.
And if I could take this opportunity because I didn't really have a chance to weigh in earlier, the county absolutely has exclusive jurisdiction on traffic signals.
I don't believe there is.
So we can come back after we study it more closely, but I don't believe that the information that you received, Commissioner, was accurate.
I appreciate that.
Can I just wrap this up though?
So you'll look into this, Rick, and then bring it to the May agenda to reduce the 18-wheelers in our city in certain students.
Yeah, we'll we'll add an item and and we'll look to see what we can possibly do and bring something together.
Thank you.
To to build on the points made earlier, can we get for the May commission meeting?
I want to keep this on this on the agenda and come back because there are a lot of questions that you guys are have a lot of homework on.
Can we get historic enforcement data and and what it is now and really like a really thoughtful analysis of where the problems are, what's causing the problems?
Is it small delivery trucks?
Is it 18-wheelers?
Is it is it um uh garbage trucks?
Is it people doing illegal U-turns?
Like I want to know, I we we it's not what I want to know.
We need to have this data going back a decade to today to understand what the issues are so we can better mitigate them because otherwise we're gonna spend, you know, throw everything at the wall thinking all of it's gonna help, and it probably will, but let's do the most effective thing first and keep working through the list.
But we can't do any of that without the data.
And I want to know who's enforcing, who's fighting the tickets, who's not.
Do we do we have a thing where five strikes you're out?
Like if your driver can't adhere to our laws in the city, get another damn driver?
Like, you know, what are we doing, and how do we how do we quantify that?
And well, before you embark on that, uh, one other question to add is um later on today, if thank you, Commissioner Fernandez, we have a great item that is going to provide residential relief from uh towing enforcement.
However, for this, where it's commercial and it's significantly impacting our residential quality of life, how are you working specifically with our tow partners for enforcement?
Because a company like Cisco or Amazon, getting tickets it's a cost of doing business.
Nothing.
We need teeth.
How specifically are you working with our partners to enhance our enforcement here?
So I'll I'll towing commercial vehicles is a different step.
Uh I'll let me talk about the enforcement aspect.
So right now, I without having the data in front of me, I'm gonna go out on a limb and say that we are probably writing more citations today than any time in our history.
I definitely know that is a factual statement for our right-of-way violations.
We have, for example, UPS um talking to us about settling for more than a million dollars for right-of-way violations.
So while we are, you know, I know that we there's comparisons of police force.
Um we have about 40 parking enforcement specialists when we are fully staffed.
So um uh we are not perfect, but I stand behind our staff's effort to get out in the field when we see deficiencies, we will absolutely address them.
I go out into the field until midnight, 1 a.m., 2 a.m.
to see our team to work beside them.
When it comes to the so, for example, when we start hitting these commercial venues with 1,000, 5,000, 10,000 violations.
Um we do have to end up changing our code because we are usurped by county rule.
So they'll go to a the special magistrate, they'll say, hey, blah, blah, blah, you know, we we want these cut down.
A lot of times there's a negotiation that we end up cutting those fines in half, et cetera.
When it comes to towing, we just talked about the traffic of the time it takes for a parking enforcement specialist to get there.
Now the parking enforcement specialist gets on site, identifies the issue, issues a citation, then immediately goes digitally and calls for the tow vehicle.
They're in that same traffic that everybody else is.
So by that point in time, the BedX truck driver, the UPS driver, the Amazon driver, they are trained to stop, get in, and get out.
And so the chances of us getting on site, writing a citation, doing a digital call, which the new technology that we are utilizing is phenomenal.
Um, but then because of the size of the vehicles, it has to be a different class tow vehicle on call all the time.
So how do we cut out that bureaucratic step where your specialists have to get on site, analyze, and then call, right?
How can we essentially have those arriving simultaneously?
You must be able to work with the end of the day, there are governmental partners, right?
There must be a way where you can work simultaneously.
I guarantee you if government is showing up, what I know about capitalism is they're going to show up just as quick as we do or faster.
I'll put our team up against anybody as far as speed, but automotive is potentially a way that we could incorporate that into tow books and then potentially order the tow automatically.
Yeah, so automotive actually has that feature.
Um, but that again, that is freight loading zones only, and that is for vehicles.
You know, if if we if a FedEx truck in a freight loading zone, then hey, every day is a great day.
Can we add basically a median or public right of way to that?
As far as well, what we're talking about in the automatically.
Yes.
Uh well, so right of way we use for commercial violations.
We the right of ways are for that 18-wheeler that's at that that 63rd bend where you have you know unnamed hotel on the right hand side with unnamed hotel on the left hand side.
Um if the cameras cover zones to keep those areas clear, so we wouldn't write a right of way for anybody in violation of a freight loading zone because then generally that's gonna be a resident, a visitor, uh you know, somebody that says, Oh, look at that big piece of curb, I'm gonna stop in for five minutes.
I can guarantee you if you went out at some point today, you would find multiple commercial vehicles parked up and down in the middle of West Avenue every single day.
And as many tickets as you write, and I have noticed an increase in your presence, which I thank you for, but that's clearly not enough teeth to change behavior at this point.
So, how do we take that one step further and say, you know what?
You're not just gonna take these tickets as a cost of doing business.
Now, Amazon, you've been parked in this public right of way that is a public safe.
Somebody is going to get hidden killed.
And I say it every single meeting.
Somebody I'll send you videos if I need to send them every day, I will do that, right?
How can we sit there and say, you know what, Amazon?
Your truck is now going to get towed.
Can I build on that as with possible?
What about I mean, in New York and Boston, people boot cars and trucks all the time.
It's very quick.
The truck is incapacitated.
They it will have to be negotiated, not literally negotiating, but you know, it'll have to be handled between the operator and the the enforcing body.
Um, and it doesn't block traffic additionally.
It doesn't remove it, but it doesn't block it the same way.
Is are we preempted from using boots?
Well, you well, commissioner, you don't want to boot up.
You don't want to boot up a vehicle that's blocking the light.
No, but but you want the car moving.
No, no, no, no, no, no.
I'm just saying it's faster than getting a tow truck, right?
Like because then an officer can go, the the vehicle can't leave until the officer has written the the ticket or whatever, done the enforcement part, and then it goes.
But it's faster than having a special giant truck coming and moving it, because then they you just take the boot off and they drive away.
I think if I can just interject here because and no pun intended, but when there's a will, there's a way.
And there's a will here.
There is a will that wasn't.
And also it was really good.
And by the way, you're you're having a fun time by going out at one o'clock at night to look at traffic enforcement, God bless.
All that I know is that our residents sneeze and they're getting ticketed and towed like almost like immediately.
Yeah.
If it's if it's working to go after the resinists and the taxpayers of the city of Miami Beach, I expect for it to work even better when it comes to the enforcement on these commercial trucks, they're commercializing and profiting from our community, and they're and they're destroying the quality of life of our of our residents.
We've focused so much on going after a resident that parks on a yellow curve.
We've gone gone so much to focus on a resident that parked on zone two instead of zone one, or you know, these like minor things.
Let's put all of our resources and all of our effort into doing what we can today just to solve this issue that is destroying people's ability to navigate our our our city.
So what we can do, and uh the entire commission can have my dedication.
We can put out starting at 7 o'clock in the morning in the that we will begin the enforcement of towing commercial vehicles and go ahead and start calling those vehicles as early as 7 a.m.
You have my support for that.
You you could be could park tomorrow at the parklet on 10th and West Avenue, and you'll have 10 commercial vehicles by 1 p.m., right?
And that is when they learn.
That is when they learn.
And that the you know, the decopage and the Ritz disaster, which you know, I I think almost everybody on this day has had some hand in trying to resolve that.
It is that is an unmitigated disaster all the time.
The biggest challenge right there, I will be extremely happy when that construction is over, so we can get back our our other freight loading zone over there.
And through through the vice chair, if it's possible, you know, we have a member of the towing company, Mr.
Andrade.
I don't know if you want to come up and give some insight into what you know.
I have some stuff to say before he speaks.
How the towing company can help alleviate some of the problems.
I mean, I don't know if you have also uh an outside perspective on what you want to what could be beneficial for us.
So through the vice mayor, I'd like to, I'm not sure if we're still on this item or we've transitioned to RNAH, because I know at some point we said we were gonna call them together because I do want to circle back to North Beach about parking enforcement because I I presented at a neighborhood um organization in North Beach last week, and I know that there was a parking town hall that my aide attended, and they have some serious concerns about enforcement in North Beach.
And I stand behind what we're transitioning to with not towing residents, but I also respect the fact that there are some residents in North Beach that do want parking enforcement and towing.
Um so before we get to that point, I just wanna say that you know, can we can we have some more enforcement?
Uh I do you have numbers, Will, of what enforcement looks like in South Beach versus North Beach in in terms of both enforcement tickets and towing.
Uh because North Beach does not feel like enforcement happens up there, and you know, perception, right?
I don't data is data, but they do, you know, I had a woman approach me that said there's been an abandoned car in front of her building.
Yeah.
But so I I do want to see, I don't want the North Beach residents to feel ignored up there.
And as we transition into no more residential towing, I want to, I want to I want to make sure that these people feel heard and let's tow before that kicks into effect.
And I know it sounds crazy and cruel, but that's what these people want, at least they told me they wanted there, they don't see the enforcement or the towing in the residential zones, which is new.
And I know we did a process where it was, I think the first year we didn't tick it, it was just you know, warnings because it was the zones were new and that's still in transition and we're working out the kinks still, but they they did say that they wanted that enforcement and towing in North Beach.
So before our item, which I stand behind comes to neighborhoods, can we can we increase that a little bit?
Well, and and I just want to build upon that because you know, one of the key things is you know, ticketing, you know, it's $36 per violation, and the people who are doing this repeatedly, they can get ticketed.
And one of the great recommendations that MBU put forward is that if the person is still there after um after 24 hours, you know, if it's an abandoned vehicle there, you know, absolutely, you know, they should absolutely uh get get get towed.
So, you know, there's ways to enforce that doesn't necessarily start uh to with towing a resident.
Um and and to build on that, just really super fast.
Um the North Beach CRA pays for enhanced code enforcement, I think, but definitely enhance police.
Um Heather, I don't know, is Heather here or Steven?
But anyhow, there's money to to be spent both.
Okay, so there is money available specifically for this function in the North Beach CRA.
And if if that's what it needs to hire more um code off parking enforcement people to work in the CRA district, that's what the money is there for.
So does the city have what you need in order for us to move on from this item?
So I I'd like to point out one thing about North Beach, and I'm I say this about all of our residential zones because I understand um we talk about enforcement.
I'm gonna use Parkview Island.
Parkview Island has 450 permits assigned.
There is a hundred and twelve city parking spaces on Parkview Island.
So this is not a problem that Miami Beach can enforce or tow itself.
Well, that's also because of the building there.
Well, you're right, you're right on site parking.
We give permits to that building.
Correct.
Well, why we should working on that?
These are things that we have to take a greater look at at every one of our residential zones and say when we now look at permits, if you have off-street parking in your building, we cannot make you eligible for a permit.
Much like we did with the newer development in 70 seconds, that all of those larger buildings don't get residential parking.
We now have to start coming back and probably taking away, because we have a place where we've given away 450 hunting permits and probably the most congested place in North Beach with you know a hope and a prayer of finding a space.
So point of order just like what that's Commissioner Dominguez wants to kind of bring it all into to uh to order, which is smart because we went from traffic and semi trucks, and now we're kind of blending into North Beach, the R9AH.
So before we get into the R9AH where we discussed parking, I'd like to close out the last item we were talking about.
The last thing I just wanted to have my colleagues kind of listen in on is someone from the towing company where maybe you can give us a little bit more insight into how can we better enforce these delivery trucks.
Sure.
Um then you know to take it away, Ralph.
My pleasure.
Uh good afternoon, Mayor, Commissioner, City Manager, Will, um Ralph Andrade here.
Um and and look, I'm an attorney for for the towing companies, but my background for over 35 years, I've worked every aspect of parking, parking enforcement, repossessing vehicles, valet, you know it.
So I I'm not just speaking as a lobbyist.
I frankly, not that it's a big deal, but you know, I consider myself an expert in this area.
So just there's a lot of moving parts.
Um and just to focus in on the areas that I think contribute the most to the traffic delays that you experience on your streets, your choke points, Washington Collins, et cetera.
And it's the delivery trucks.
And the reason they're double parking is because vehicles are parking illegally in the freight loading zone.
So when the delivery truck shows up, it's illegally parked vehicles there, so they have to double park.
That's what creates the problem.
With respect to automotives, um, it can easily integrate with tow book and simultaneously alert the parking officer as well as the tow company for efficiency purposes, so that everyone should, you know, basically shows up at the same time.
You don't wait a half hour for the officer to show up, you don't wait a half hour after that for the tow company to show up.
Now an hour has passed and no enforcement has occurred.
So happen for that now.
Mike.
The city just needs to make sure that we're getting alerted simultaneously with uh with the parking officer.
And we have the capability to do that, Will.
So, yeah, we we haven't jumped into the back end of automotors yet.
Um, but yes, from our understanding, that is absolutely a capability.
We're starting that in this.
Yeah.
So that's one aspect.
The other aspect is, and Mr.
Mayor, you had an item on a couple of years ago regarding freight loading zone.
I looked it up, it was in 2022.
When your freight loading zone program worked best, and the streets were fleeing free and clear of this chaos was around 2015 to 2018 when the parking department used to give uh funds to the police department so that the motorman can work over time and help them enforce the freight loading zones.
For some reason, Mayor Phil DeVean was also personally enforcing during the jumping into jumping into trucks.
So look, the the parking department has a lot of different responsibilities.
So you're telling me that the the police department uh can also enforce parking.
Yes, and they used to, and it was a very successful program, and that's discontinued um as of this time.
And but hang on one quick second, hold that thought.
But let's not forget 2015 to 2018, delivery retail sales versus as a percentage of delivery trucks versus what it is now in 2026.
I don't know what that data is, but I know for sure that it was uh infinitesimal compared to now.
Like almost nobody goes to a mall to do errands or to buy clothes.
It's all delivery, the smallest thing.
So that when we're compiling our data, that also needs to be factored in because uh to compare it just purely based on the program that existed does not take into account the underlying conditions.
So we need to factor into that and figure out what else we need to do.
Which is all the more reason why the parking department needs a supplemental force.
What they have isn't sufficient, it's just not.
And so to the extent you all want to consider, you know, re-implementing you know the freight loading zones being also being in for and commercial loading zones, which is a whole other conversation that go entirely unenforced citywide for a different reason.
Um, you know, that may be something you could your chief may be interested in doing, or you can discuss with him.
But if the parking department got some air support from police or some other entity, you know, within the city, it would be tremendously helpful because parking just doesn't have enough staff to do it.
So I I would like to um put out to my colleagues, because we could spend the rest of the day talking about this, and that would probably be time very well served, but that does not serve the agenda.
I would like to recommend that we schedule a sunshine meeting and continue this conversation because we have thrown out a bunch of points, and there's a lot of information that needs to come back.
And so we could either do it at the next meeting in May, but then we'll spend another two or three hours having the follow-up from this conversation.
And I don't want to take away from the other two thousand pay or whatever it is, two twelve hundred, two thousand pages of agenda items that we have.
So I don't know if my colleagues are willing to do that.
I'm not suggesting we drop this conversation.
I just suggest we move it to a different venue so that we can get through the four bucks we have in front of us.
Would would my colleagues be supportive of that?
And then keep this on the agenda for next month.
Yes.
However, I do want to I saw you kind of shaking your head.
I want to be sure that we're all on the same page, and if there's things we're not on the same page about, and then I think we move that on, but you clearly were signaling something.
I don't know what it was.
So I I while I absolutely love uh any support within the city, um when I I understand that we as a city are always trying to do things in the most financially efficient manner.
And if there is a desire to put more individuals on the road that can enforce parking, um, I feel an overtime to a motorman would be very expensive compared to increasing five, six, seven, eight parking enforcement specialists.
So when we talk about expanding our ability to enforce um uh team members, um I almost would not understand why we would then say we are going to spend city funds to spend overtime money rather than just bring in team members whose sole focus is to do those things.
Why couldn't we do something like if we really want to have sole dedication of enforcing our freight towing zones and our medians and public rights of way, and we're going to use that what is it, the tow aler or tow mobile?
Well, why can't we ask for funding that comes from our partners?
100%.
They're gonna make money off of it.
Right.
And and but it doesn't provide that same incentive that they're outdoing it, right?
They're just funding a dedicated city parking resource that's just going to go out and focus solely on uh the freight areas.
And in a matter of fact, then just to build upon that, and I don't know if this is possible or not.
I mean, I'm gonna go out here and just throw this out there.
Our problem is so bad and it's affecting traffic so badly and public safety, in addition to quality of life, but in this case, the public safety issue is so bad with this.
You know, how do we get more efficient support from the outside to enforce the freight loading zones?
You know, can we can we get support?
Uh you know, they're making money off of off of enforcement of the freight loading zones.
Can you guys and the private sector help us and supplement us uh in addition to what the touring companies are a dedicated resource just to go out and police the uh freight loading zones?
The tow companies are here to serve the city's needs.
If that's something you all you know want to have a conversation about and explore, we're more than happy to do that.
And and I would remind you that under Florida law, and by the way, this is legislation that I passed for the benefit of the city in around 2020.
Under Florida law, the city can recoup or charge impose an administrative fee in the amount of 25 percent on the consumer to recover its cost of parking enforcement.
Right now, the city charges $33.
You leave you can with that 25% formula, you can charge up to $68.
So you're leaving whatever that is, $35 on the table that we can lawfully impose on the consumer so that you can hire more personnel, whether it's it's police officers or parking officers, if but it's a self-funding mechanism, it will have no fiscal impact on the city, or if like you're suggesting, you you want some external private supplemental help, sort of like with uh the security companies, right, where the police department hires outside securities to help.
We're more than happy to do that.
We're here to help the city, alleviate the traffic conditions that exist.
Um, and however we can do that, we're here to but the lowest hanging fruit right now, aside from hiring more parking attendants, Chief.
Is it possible like tomorrow that you can start at least on some of the worst hot spots in Miami Beach, because we have problems right now, literally as we speak, probably, where motormen can go out and enforce uh loading zones, for example.
Commissioner uh should not say yes among the myriad of responsibilities and priorities, motor department motor officers deal with a daily basis.
I'm sure we can find a way to lend support as we have in the past to the parking department.
Um is correct.
It's very expensive to hire an overtime basis, and motorman is far more cost-effective, quite frankly, to hire his own people, parking force inspections, and we can't.
Yeah, but like just uh just spitballing, you know, during the day, for example, like nine to five, or even you know, a little bit earlier.
We have you know the we this is going on throughout the day.
I don't know why it would need to be overtime where we're paying officers to do, you know, something that the city needs.
You know, I think at like you know, two o'clock.
I think the motormen aren't necessarily doing speed detection.
No, they can work on the enforcing the loading.
So why why does it need to be overtime?
Well, it's a bit of both, right?
Um the program that Ralph referred to, uh, those in motormen coming in early in the morning to address the um the freight loading zones, and that's where we're having the most problems uh back in 2015, 2016.
So those come in early prior to their shifts, uh address the freight loading zones, uh, right?
Uh a lot of citations to people, many of them residents and took a lot of cars, many of them residents, um, and it was effective, but costly.
So could but could we the the traffic um safety specialists who are in the intersections at 41st Street, for instance, at rush hour?
Are they permitted by the state with your job description to write tickets?
They are.
So, what are they doing when they're not dealing with rush hour traffic jams?
And can we deploy them for this?
Typically responding to nine merchant she calls a service and require report be written, like traffic accidents that are injuries, they require a report rewritten a Berkeley to an apartment or house that require report written, that's what they're typically doing.
They too, by the way, can work in overtime to enforce the freight loading zone.
Well what has to happen for tow to be implemented for some of this parking in a public right-of-way or a freight loading zone.
Can we implement some sort of see something say something where an officer is just on their normal patrol and he's going down West Avenue and he sees Amazon parked in the median, right?
We don't want them spending time getting out, writing traffic tickets, getting in discussions back and forth.
But is that adequate if that officer sees something that they could tow uh that they call our external partners, and that's enough to summon them to come out and make a valid tow?
Yeah.
And in fact, we did have the freight loading zone program.
It was really a comprehensive effort by the entire police department.
Officers were charged and directed to do what you just said, but not only just to see some say something, but also time permitting, they're not on a call for service, not in the route to call for service, get out of the car and enforce um the parking violation.
I just, you know, I think that's great.
I also I also want to be mindful of everything that we're that we put on our police department.
I first need to see, from my perspective at least, that our parking department is really stepping up its game.
Yeah, I would love to start seeing a weekly report on freight loading zones, so that okay, once we see they're stepping up their game and we're seeing, okay, this is really being taken seriously, but yet it's still not sufficient, then at that point going and seeing, okay, what support can the police department give us in this in this effort.
If you're telling me as they go about their day and they're driving by, you know, and they say, okay, you know, there's a truck, um there's a truck blocking the public right-of-way that they can call that in.
I think I think that I think that's great that they and they should be trained to to do that.
But I don't want this to become their job right now.
We have a parking department.
This is the responsibility of the parking department.
We need the parking department to take this on seriously.
If if the towing companies who make money off of this can support in this effort as well, then it's to the benefit of the residents of our city who are who are sitting in traffic, and we don't take away more resources and redirect resources from our for from an array already overtold police department, because we push our police department in every direction from traffic enforcement to traffic management to homeless management to to our waterways, to the parks to enforcing marijuana and open containers and absolutely everything.
Okay, we have to be very mindful that we're constantly every day we're sending our police apartments on new missions, you know, mufflers, bicycle gangs, uh high impact weekends, special events, everything.
We throw it on our cops and they're going in different directions.
There is only one sole purpose for the parking department.
The parking department isn't doing homeless enforcement, the parking department isn't doing bicycle gang enforcement, they're not doing marine patrol enforcement, they're not doing traffic enforcement.
This is the one job of the parking department.
And I want to see them do this job extremely well.
I have a question.
And once I see that, once I see, and I want to see, and I don't know if you guys agree, but weekly metrics, weekly metrics, so that we see, okay, are we really taking this seriously?
And once we show that we've had improvements, then they still need more support.
Well, then you know, start tapping into our other resources.
Commissioner Bott.
Will, are you fully staffed in your parking enforcement?
Very close.
Uh we just hired a new uh uh I think I want to say about eight or nine people into our part-time role.
We then promoted uh, I believe five of our part-timers into a full-time role.
So I believe we had some of the part-timers uh drop out, which you know happens um when people get hired.
So I feel right now we are about one or two full-timers shy of being fully staffed, and maybe about two part-timers.
But we are actively going through interviews.
How once you are fully staffed, will that be sufficient?
So I this is where I I say it depends on what good looks like.
And so um uh one of the things that Commissioner Fernandis talks about is metrics, and I absolutely love numbers.
I live in the numbers.
And so when we look at certain things that we're doing, um we see a decrease in certain areas.
And and I'll use I'll use the I go back to them a lot just because I'm so proud of them, and I think it is absolutely going to transform the city, but our color-coded curbs.
So when we put the pilot out there where we not only change the signage, but we shut down the zones so nobody could accidentally pay when they park there.
When they try to park there, it says no parking toe.
We saw an 80 percent decrease in our pilots.
We have now started painting those throughout the city.
In our first 20 days of April, we have seen a 30 percent decrease of illegal parking and freight loading zones.
The commission received a picture from one of our amazing interactive residents who showed illegal parking, but right across the street, absolutely open freight loading zones.
So, what we're talking about now is changing the habit of delivery drivers that for a decade or more have done whatever they want.
Now, we can if you tell me that you want to up our team from 40 to 60, our the parking department, I say it all the time, is an enterprise fund, we can absolutely absorb that.
And are we more effective at 60?
Sure.
We're more effective at 100.
Um, so I just say it depends on what good looks like for the city.
We are limited when we go give these millions of dollars of right-of-way violations and because we give millions of dollars a year in right-of-way violations to UPS, FedEx, Amazon, the drivers take them, put them in their pocket, and they pay them later.
Okay, but let me come back to something you said.
First of all, um a couple of things.
First of all, we are trying to disrupt behavior.
So even if we don't get the millions of dollars back, the pain in the neck of going to get them adjudicated and some settlement, it's you know, if we really hold everybody to the fire, their feet to the fire, then they might get tired of that.
And um behavior will change.
I mean, enforcement, we're we're gonna be talking about micromobility, and the the challenge will be to change behavior without in for punitive enforcement, but to change it with educational enforcement, right?
That's a different thing.
In this case, they're bad actors, they have a long track record.
I'm happy to let them accrue their fines.
But the other thing you said that's very um that I think we all need to hear as we start in on the budget process is parking is an enterprise fund.
So if we hire another, let's say dozen people between part and and full time, the the revenue that gets generated by their actions will pay for their employment.
Is that a correct understanding?
That is correct.
And and I will even say that.
So then so then um I don't know if this is a JSON question or a manager question or uh just a body of the you know, will of the body question.
Why wouldn't we uh up that that that amount today and do a resolution right now saying go get yourself another 10 people between five between full and part-time and you know throw the hammer down.
Let's go.
Let's go.
So I think the short answer to that question is it's much easier to hire people than it is to downsize.
And so we're always hiring for the troughs in our needs as opposed to the crests.
But I think there's opportunities to leverage technology, and I think what we're hearing from you is that we don't have enough enforcement today, and so maybe the trough has raised over time, and maybe we need to look at adjusting slightly.
So we're always rather understood.
I don't want to be firing somebody in the lean years.
But I would say that if we have been hiring based on a certain level of service from I don't know, 10 years ago, whatever the right number is, the marketplace and the landscape has changed so dramatically between over development.
And um e-commerce, just those things alone.
And and um Uber and Lyft, shared riots, those three factors say that without even looking at it one single point of data just from living in the city, that driving through the city in 2010 versus driving through the city in 2026 are night and day.
Night and day.
So I would love to know when the last set of um um assessments were for what the staffing levels should be, because I guarantee you they're not enough.
And if we're worried about having to lay people off, God forbid, um, then let's hire part-time people where it's it's a different kind of a thing, and they might be able to be transitioned to something else.
But I I am I would be happy to make a motion that hopefully my colleagues would support to direct the parking director to come back with the or uh or whatever needs to happen, but to go ahead and and and do the analysis of what the best level would be for you know the the most responsible way to do this and move forward.
Like we we spent, I don't know how many hours talking about all the things that are causing the impediment, and one of the most effective is standing right before not you literally, but is standing right in front of us saying, you know, we just need more bodies on the street to enforce, and we can do that, and the enterprise fund pays for it.
Like, why haven't we done this already?
Can we do that as a part-time employees?
That's what I just said.
Okay, okay, good.
Yeah.
I think we even supplement it not replaced, but on top of just the managed through peaks with some sort of contracting service.
Would you like a motion to direct you to come back to us in May with a plan that we can effectuate?
I think that would be better than answering a little horse trading on the dais.
Okay, so I would like to make that motion.
And hopefully it's somebody will second, and hopefully I'll get unanimous support.
Second.
Okay, all in favor?
If so, please say aye.
Aye.
That was directing the parking department to come back in May with an analysis of personnel, including part-time uh contracting services regarding their needs.
And and a timetable for implementing now and and at May, in Maine.
I don't want this pushed out to the fall.
Now I had three other motions that no one made second, so I need to clarify those.
You had we had a motion uh refer from uh Monica Mattel Salinas referring to FERC, the study regarding changing from traffic lights to stop signs, but no one made a second.
Oh, second.
So I have a motion by Commissioner Matassalina, seconded by Vice Mayor Dominguez a referral to FERC.
All in favor, please say aye.
Aye.
I also had a uh a second motion from uh Commissioner Mattel Salinas regarding amending C7Z, which was to include speed tables on 74th Street.
Uh motion from uh Commissioner Mattel Salinas, seconded by Commissioner Las Mayor Dominguez, all in favor, please say aye.
Aye.
Aye.
Any opposed, hearing none, it's approved.
And I had a last motion, uh direct administration to supplement departmental budget with e-bikes.
Um I think that was Commissioner Bott who mentioned that.
Uh that was the police department?
Good idea.
Um police just got theirs, so it would be parking and code.
Parking and code with e-bikes, that was uh Commissioner Bott.
Do I have a second on that?
I'll start.
Just specifically, what is it?
What is the item calling for?
It was to motion directing the administration to supplement uh the part departmental budget, I'm assuming for the next budget year, uh for the inclusion of e-bikes for the parking department and co-enforcement departments to look into that.
Because the issue has been that okay.
Um and then the other thing that I didn't hear.
Before I'm sorry, so I have a yes on that uh motion, all in favor?
Excuse me, just for the sake of clarity is that to consider during the fiscal year budget process, or is this a referral to FERC?
Thank you.
That's what I was about to ask.
So I I think I'd like to get the assessment of how much it would cost.
And if it's not a huge amount of money, um then maybe we can do it this year.
And if it's like I I can't imagine that buying 12 e-bikes is going to be I think the there are about six thousand each, right?
Because uh the Andres Osion Foundation, I think donated six bikes for 34,000.
Correct.
Roughly.
But you know, let's not use that as a benchmark.
Let's do our own research.
Oh 100%.
I'm just saying that's their based on that it was.
No, I just wanted to make sure because we have and that you were consistent.
I just wanted to make sure the reason I was asking to make sure it goes through the I like the item.
I love it.
Just make sure it goes through the budget process like everything.
We can save the money by by putting two people on one skewer, Commissioner Butt.
No, not no, we can't.
It's not safe.
Unless you buy a certain scooter that has the devices to make it safe.
So I'm not giving up on this one.
But the other thing I didn't hear.
So can we just get a sense of what the cost will be, and then we'll decide if we're gonna make it a next year priority or if we can find it's a cool question.
Or we can do half now and half now.
Do we ever confiscate uh e-bikes from criminal enterprises?
I am sure we do.
I mean, we've got use it for this hundreds of bikes.
Are we allowed to do that?
Like the issue.
It depends on the nature uh on the conditions we confiscate a bike if it's um vehicle use and a crime, and um we can certainly uh uh use it.
So maybe it's part of this item, just explore that.
Because I know like in the Netherlands, people dump bikes all the time and they rehabilitate them and and give them to people who need bikes.
And this is a little bit different, but it's worth looking at.
I just want to jump in there because I you know I want to thank you, Commissioner Bod for bringing this up again.
It's just it's deja vu.
You know, in this city, we have these conversations and then we have them over and over again.
In 2022, this body adopted resolution 2022-3234, specifically asking department the the parking department to create a dedicated bicycle enforcement unit.
The directive is there already from this legislative body.
It was a different set of people.
But but it's the body, different people.
Yep.
But the legislation lives on.
And where is it?
We gave the directive, whether whether it was this commission or the one for four years ago.
The legislation is there asking the parking department to create a dedicated bicycle enforcement unit.
Um so and so I think it's important to bring it back up again so that it's fresh in everyone's mind.
But this it's like we have the same conversation over and over and over again, and the problem doesn't get solved.
Yeah, I look, I think um there's it's it's a complicated thing to to run a large organization.
There's turnover, there's shifting priorities.
I understand all that, but it's not like this was a fly-by-night crazy idea by some random commissioner, and the fact that um here we are four years later, and it hasn't been addressed.
Where does the buck stop on this?
And so that's a different question for a different time.
Right now I'm uh more interested in moving this forward.
Um I had one more question.
Oh, the the question about whether or not the city or the county or the state has jurisdiction on some of the traffic um calming is that does that need to be something we vote on, or is that something you can handle administratively to get those answers and come back to us?
I don't believe we need a motion for that.
We can do that administratively.
Okay.
But I don't want it to fall off.
Like we want ironclad correct answers, ASAP.
I'd be happy to issue an LTC by tomorrow.
Okay.
It's pretty clear.
Great.
Great, great, great discussion.
We're gonna call R9.
I just I just didn't want to say um, you know, sometimes it looks like we're taking uh a lot of shots.
Sometimes they're fair, to be honest.
Uh but we'll, you know, you've been here about a year now.
Uh you've less than you.
You've been a great.
No, a year yesterday.
Oh, yeah yesterday, congratulations.
Thank you.
So have the anniversary.
Uh and I can say from my perspective, you've been you've been a great addition to our city.
So uh thanks.
And and and I'm sure you're gonna obviously follow the directive that we're given here and implement it.
But thanks for your own.
So it's been a year yesterday, but it feels like 10.
And I think during your interview, you had a full head of hair, right?
No, ma'am.
I keep it shaved, don't show the gray that it has definitely.
Thank you as well for living in our city.
Yes.
I can see through your knowledge of the intricacies, it makes a difference.
And that's a very passive aggressive suggestion to our other staff and administrators.
But thank you very much for living in our city.
No, but I I will call out that Jose does as well and Melissa does as well, and they speak from knowledge when they are addressing issues that we are all frustrated with because they are also residents who are frustrated by the same issues.
Jason, that's right.
John Norris.
And I was like, sorry, we go through all the John Norris calls me every single day he's on the way home that he sees a truck stopped at 63rd because he lives just north of 63rd and he couldn't.
So can we deputize him to be?
I actually we've talked about giving him a tablet and a printer and having him go through the course.
That's cool.
It is kind of cool by the way.
I did that yesterday, it was a backup on Alton, and I texted Jose Gonzalez, and then two minutes low a few minutes later there's a notice going out citywide.
Hey, there's a backup because of uh but um Commissioner Vice Mayor uh Dominguez.
I just wanted uh to uh make a motion for this item to be heard at the next public safety meeting, um which is May 13th.
Which item, I'm sorry.
Um what we just discussed now.
I thought I heard Commissioner Bott say she wanted a special meeting, and my suggestion would be for it to be heard at the next public safety meeting.
Got it.
So a uh Commissioner Bat had instructed to hold a sunshine meeting.
So instead of that sunshine meeting on this topic, you would like it to go to the public.
May 13th, um public safety neighborhood quality of life.
It works for me.
And hopefully all of our colleagues can can join us for that because I think this has been a really fruitful and productive discussion.
And as the mayor said, it no one's coming at you.
Um but it would this clearly we're all quite passionate about finding solutions, so let's go get them.
I don't know why we haven't yet, but let's do it now.
When there is a will, there is a link.
And there is a will.
Okay, we're uh now we're gonna call the R9AH.
So uh just for the record of motion by Commissioner Blah, uh actually by Commissioner Dominguez for the referral to public safety, May 13th, seconded by uh Commissioner Mattel Salinas.
All in favor, please say aye.
Aye.
Thank you.
Now we're on R9AH.
You want to call it Discussion, take action, parking enforcement and North Beach, R9AH.
Commissioner Suarez.
Thank you.
Um this seems to be the topic de jour of this morning, which is good because that's what residents care about.
I had a North Beach parking town hall last week, and believe it or not, one of the biggest uh requests from a lot of these North Beach residents is they want to see towing when it comes to enforcing uh zone twenty-six parking.
Um, I think Commissioner Fernandez or Commissioner Bot, I forgot who mentioned it says, you know, they'll see a stack of tickets uh on the car, and there's it's just there.
It's just left there.
Um and you know, people seem to just not really care about our our our residents' uh ability to park.
Um we passed, I think it was two years ago, it was one of the first items that I brought forward for a residential parking zone in North Beach.
It was zone 26.
Uh when we first started it, we we wanted to give as much education and grace period to all the residents and business owners in North Beach that we're not gonna tow.
Um in fact, we wrote it into the ordinance as far as the pilot program.
And we whenever since the program was started, it's been a huge success, especially in the beginning.
There was uh finally some sort of you know, structure for residents and visitors to know where to park and where not to park.
And for a good period of time seemed to work.
But when there was no teeth toward it, everyone kind of just was abusing the system, so to s sort of so to speak.
Um so last I I believe it was like a year ago where we passed uh three strikes you're out uh for towing in in zone twenty-six.
And um I wanted to ask Eric.
Eric, how many toes since our meeting to enforce through towing has there been in zone twenty-six for um residential parking enforcement?
So I would have to defer to our parking director.
Yes, sir.
So um this is the data that I gave at the meeting.
So we've had 450 toes uh for non-commercial reasons.
Now the way that and and forgive me if I misunderstood, but I was under the understanding that it was if you received three zone 26 violations in the same month, that's when uh we would we would initiate a tow at that point in time.
Now how many toes has there been?
So I'd have to look at the exact data because for example, we towed a vehicle the other day for a scoff law.
Well, I just want to know how many tows there has been in the last year specifically for a zone 26 violation.
So that's the challenge, sir, because it's a vehicle will not specifically just get towed under that specific clause.
Because there's other reasons.
And I um let me go to the SCOF law.
So there was a vehicle that uh uh never met the criteria.
It had uh two violations a month over the last several months.
It was designated as scoff law by the county because there they hadn't paid any of those violations.
So our team scanned it, it was recognized as a scoff law, we towed the vehicle.
The individual came to the parking office, obviously, you know, had some choice words for our for our customer service team, they sent them upstairs.
Um so, for example, that vehicle wasn't towed for not having a zone 26 permit because that vehicle specifically never met the threshold of having three citations in the same exact month.
That vehicle was instead towed as a scoff law because that vehicle, um, to be honest with you, I didn't bother to talk with the team to find out if that person was a resident there or not, if that person just ignored all the tickets.
Um listen, I I get it, put how many towes has there been?
So there's been 450 non-commercial toes in the zone 26 area.
Okay, can you give me a little bit of a breakdown that how many were because you had a a violation in zone 26?
I I can I can pull that.
In the residential area, not a commercial, not freight loading zone, just specifically in residential parking spots.
So that I'd have to go through addresses to get that information, sir.
Okay.
So when I say 450 non-commercial, that's not including commercial loading zone, that's not coming, including freight loading zones.
Okay.
So the the sentiment I get from the residents of North Beach is that, and I think we've said it uh enough up here is that there's no enforcement, right?
Um and you North Beach is unique in the sense that over the next couple of years with P parking lot 92, that's going to be um demolished for a much bigger structure.
There's going to be a transition period where it's going to be very uncomfortable for North Beach residents.
And the lowest hanging fruit is to park in the residential parking zones because there's not going to be and people know that if they park there, it's going to be a 90% chance that they're not going to get towed.
They'll just get a ticket, but they're not going to get towed.
And unfortunately, that leaves the people who live there that don't have a dedicated on-site parking space to fight against those people.
Um where the only penalty is like a $36 parking ticket.
So what do you need from us?
Well, let me ask you, how many parking employees are dedicated to North Beach?
So we don't have any uh dedicated, for example, if we if you talk about, for example, when we divide our shifts throughout the evening, um we look at how many individuals um are on shift, and for example, we'll say, hey, you are gonna go to North Beach.
So generally I will say on an overnight shift, we're gonna have one officer.
We have four different ships.
One of those ships is like a 6P to a 230A.
Um so that individual can be up in North Beach as well.
So it concerns me a little bit, Eric, city manager, that there's no real plan as far as enforcement, meaning like it's just kind of general out today, you're gonna go to North Beach.
I don't think that's how our city should run.
I think our city should be running on with a schedule, a plan, and a thoughtfulness as it relates to enforcing parking.
So, you know, uh I yeah, I don't know if again if this is a staffing issue or or what, and if there's just one person who is going to randomly be in North Beach, which is a decided on the day, apparently.
Um what happens if that person you know calls out sick and then there's no enforcement?
So, you know, Eric, what what do you suggest we do to really kind of make sure that North Beach has the proper enforcement?
So this is primarily an overnight issue because the residential permit zone kicks in at 6 p.m.
Correct and so I would say that we probably have to have dedicated resources there between 6 p.m.
and 2 a.m.
to make sure that um we're enforcing the zone 26.
So what I want to but uh we we do have a plan commissioner, so but but just like we have human beings at work and because we do have unionized employees and we give the opportunity of those unionized employees to exercise their rights, individuals can take evacuac, individuals can take sick.
So what our supervisors do is say, let's say we have five people on at this time frame, but we have one EvaC and one calls out sick.
Now we have three.
So now that supervisor says, okay, I'm gonna put one here, one here, one here.
Now I'm gonna take these two resources, hold them over for four hours and put them here.
So our supervisors are costly.
But you're telling me, I thought you said you're all almost close to being fully staffed.
Doesn't sound like you're no, but people still take vacation or call the sick or stuff.
But but can I jump on the build on this?
I'm sorry, but I'm like I I love I like where you're going.
You go for it.
Sounding at the bit here.
Um, so we talked about a little bit before.
I hear where you're going, and there are extenuating circumstances, and I I don't know, but I would suspect that this might also exist in flamenco park, but that'll be a different conversation for a different time.
Let's use this as the model.
So what we have in North Beach, and and I will say I was a huge skeptic of the parking program before, but because it was a year-long program, pilot program, I'm like, let's see how it works.
And so I have to give uh give you your flowers because it has worked very well.
And you know it pains me to do that.
I know but it's it's worked very well by and large, and that's what the pilot program has been to try to tweak it, and people who haven't loved it are like making their peace with it.
Nothing will be perfect for everybody.
I get that.
But the the Parkview Tower, the PP Tower, is a big issue.
That's a whole different conversation.
There is that alley that runs behind the West Lots on the west side of the West Lots that has, I think was originally in the program, and then we took it out because it wasn't communicated well enough and nobody was prepared to handle it, but now I think a year or plus into it, that now needs to be put back into the program.
We know for a fact we have people camping overnight in that alley and in our parking lots up there.
So knowing all those things, um, is this a department like police has a department, is a department, and code is a department where you have staff on 24 hours a day.
Correct.
Is parking also one where you can do that?
Yeah, no, we are.
You do.
Okay.
So again, because we have it's an enterprise fund, we can hire part-time people for now to start and see what we actually need, and there's money in the CRA.
Like this is the trifecta of you know, put the pedal to the metal, and but not driving unsafely.
No pun intended.
Yeah, exactly.
Um let's go.
Like, let's have a plan in place and let's go and let's alleviate these issues because um we need to make sure it it has gotten so much better than it was, and we also need to make sure we don't slip back, and that the other challenge is it's a very transient neighborhood.
So people who weren't part of the first year of education have no idea.
So now we need to, and and maybe when you know we need to talk about the communication that if this is their first violation, maybe there's an education, you know, this is your your mulligan, and then we go from there.
Um and then so I think that that is really important to do, and I I get that we have five people on and two people have the temerity to get the flu, and but let's always let's say we have five people on for the city, plus two people dedicated overnight in in North Beach, or whatever the right number is, okay.
And then to your point about the earlier point about the um 72nd Street garage or parking lot going away for a couple of years while it's turned into a fuller community asset, including many more spaces.
Um I I wanted to if we're done with this part of your conversation, have Will explain what the deal with the Doville Hotel is.
And I spoke to David Martin about this yesterday, and he said he's on board um to do the parking program that you and I have talked about.
But before you get into that, yes sir.
And I would love to hear about that.
Um one thing at the town hall that I realized is people uh wanted to say, hey, look, there's a car here, it's been sitting here forever.
Um and they tell me that they call the parking department and nothing happens.
Uh and then I find out that there's actually an ability to enter into a license plate and on online on our government website where it gives a thumbs up or thumbs down, so to speak, a yes no, that if it's a registered vehicle.
I think most people I didn't even know that.
I think most people in North Beach or pretty much anywhere on the beach knew that if you notice a car there that it's been there forever and it's probably not a resident, you could just put in the license plate and it'll tell you if it's a if it's a permitted car.
Um that and if they call a towing attendant or a parking attendant would come out and possibly get a towed.
Is there perhaps we maybe with communications to send out a message like that to the to North Beach and allow, you know, that we're not just relying on parking attendants will also rely on a sort of like a crowd source of residence on the beach to you know enforce their own little block of neighborhood.
And that applies to all the parking zones, right?
Correct.
So if any any individual who has a residential parking permit, so you you you must be you must have res access to the residential portal, um, can log into the residential portal, search for a um search a license plate, and then like you said, it thumbs up, thumbs down.
Um it's actually red or green.
But um so Melissa, can we can is it possible for communications to send out a dedicated email saying, hey, you know, if for parking enforcement, if you notice that there's a car that doesn't belong, you know, you you can use this link to figure it out.
And if and if it's not, here's the phone number for parking um department to get it investigated social media.
Well, I mean, we're happy to send out a dedicated email.
I would just work with the IT department to develop whatever that link would be.
Great.
And and that way, you know, we're not relying on I mean, it's good to rely on our city funded services, obviously, but I think when you have residents that you know can can do a bet can do a much quicker, better job of and they know their streets better than anyone else.
Um that that would be um a great tool in our shed.
Um Commissioner Butt, but then we have Commissioner Matilandis.
So two things to build on that.
One is um we need to be sure because we have these special permits that we have been working on over the last couple of years for churches, for volunteer organizations, for students and teachers, that we when somebody puts their the tag under question into the the database, that those tags that are allowed to be at that church on the Sunday morning um shows up as green.
We just had a you know, the the church that Ms.
Summer wrote in about saying that people are getting ticketed and towed, so that is going to be and and maybe if it's not um if it doesn't come up as red or green accurately when the officer goes to do the violation, they have to reconfirm and they have a more robust database.
So actually right now, the way that we perform tows in all residential areas, the officer first scans the license plate, whether their vehicle mounted.
But not just toes, tickets as well.
Okay.
Um tickets we probably have a little bit lighter because we know that we can always undo a ticket.
Um when it's but the res the problem is the people who are getting ticketed don't know.
Like some do, and they'll reach out to us, but a ton of people don't.
And so they're just like, you know, I went to church and I got a ticket.
It's like you know, no good deed goes unpunished.
I I and just look, you're gonna be able to you're gonna be able to digest that, you know, please with communications.
But I think Eric, what I'm asking for is we there doesn't seem to be a plan for specifically North Beach enforcement as it goes to zone twenty-six.
It seems like there's oh well on today we happen to have three people, so we're gonna send you the I think what would be appropriate was would be perhaps in about a week or so, send out an LTC to the commission on exactly what you plan on doing for enforcement of zone 26 and North Beach.
No problem.
Great.
Commissioner Mateo Silanus.
So uh similarly, I will again you're you're not fully staffed, correct?
Uh we're we're about uh two I would say one full-time or short uh and uh maybe two or three part-timers.
Are those positions posted?
Uh yes, we're actually doing interviews right now.
Okay, great, thank you.
One last question about the communication part.
The eGov app is so amazing, and you can report dumps furniture or carts or flooding and all that stuff.
Does parking is can you report parking on the eGov app currently?
You can report parking on the eGov app, and on top of that, anybody that you know I I I understand there's anecdotal um uh stories out there, but anyone that calls in a parking issue, um that is they call in on a recorded line, our team then enters that into the system, and there has to be um a solution entered into the system on what the parking enforcement specialist saw when they got there.
So if, for example, we we send an officer out there and there's three or four tickets on a windshield.
My expectation is that parking enforcement specialist calls the supervisor, and we have certain uh Miami Day parking codes which we can enforce that don't necessarily state you don't have a zone 26 permit, but it's another violation that we can tow immediately on.
So when you guys work on whatever the communication is, just let's remind people who already use the e-gov app that they don't have to adopt another.
Absolutely, we'll plug that as well.
Thank you.
Okay, I think we're good.
Thank you so much.
Thank you.
We're gonna get a weekly outfit now.
And one on the North Beach thing.
I'll it's not a public comment, but I'll yeah, come on up.
Honorable mayor, commissioner, city manager.
Thank you for the opportunity to talk here today.
Talking to you in reference of North Beach, lifelong resident of Miami Beach, been living 40 years on Normandy Isle.
I've I've been dealing with this situation with part before I go on.
I want to make it clear and transparent.
I have an entrance with beach towing, and I run the day-to-day operations there, so there's no hidden thing here.
I've had two incidents in my island.
Just last week I had a confrontation with one of the contract workers.
Called up parking, gave film.
I've been I have dated back to 2023 with situations in our island.
No enforcement has been done.
They go, give a ticket here, give a warning here, and they leave.
I'm letting the city know.
My family's safety.
I have my son that lives on Fairway, we live on North Shore.
My daughter lives on North North Bay Road.
My family safety has been compromised with the confrontation with those contractors.
Enough is enough.
Enough is enough.
Either start enforcing and I don't want one toe in our island to go to beach towing.
The Tremont have it, you can skip me.
Because the optics of it looks like I want to get more toes.
That's not the thing.
Enough is enough.
Enforcement has to be done.
Thank you.
It's happening in his neighborhood.
I'll tell you, you go into Bayshore.
It's happening all over Bayshore.
You go North Bay Road, it's happening all over North Bay Road.
It's the same issue we're facing in our commercial corridors.
So my quality of life with the amount of property.
Eric is that I paid.
It's the safety of my family.
Enough is enough.
Sorry, sir, I didn't catch your name.
815 North Shore Drive.
Thank you.
May I say something?
Yes, and then we gotta wrap it up.
Yes, sir.
Thank you very much, Mayor.
So uh Normandy Isles, Venetian Isles, Sunset, uh, Palm Hibiscus, Star, all of these islands share a very similar trait.
Technically, there is no legal parking on the islands anywhere.
And so we when we get calls for service, we go out there and we enforce.
Um if we do not get calls for service, we tend to not go unless called because the individuals that live on these islands say, my my my nanny, my cook, my fill in the blank year.
We have to walk a very fine line because on any of these roadways, if a vehicle parks, we should ticket for obstruction of traffic and tow the vehicle immediately.
157 ticket and tow immediately on every one of the islands.
Then when we do go, we do hear from the residents that weren't expecting this type of enforcement.
So I so I say that we will absolutely go in the direction that the commission would like.
So we're so if that's we're wrapping up, we're wrapping up this item.
Thank you so much.
R9D.
That was R9D is presentation by Commissioner Raquel Regalado on Neuroinclusion Toolkit.
Commissioner Regalato Raquel Regalato, thank you so much for being here.
Uh, for those who don't know, I think most people watching do, but just in case uh you are a county Miami Dade County Commissioner.
Former school board member, yes.
Former school board member, and uh we're really honored that you're here with us today, and I know you have a special presentation, so thank you.
Thank you, thank you.
And I'm here in my capacity as the very proud mom of two neurodivergent adults, uh, Bella and Sebastian, who are now 21 and 22 respectively.
Um so first of all, I want to thank you all for raising the flag.
Thank you so much.
It means so much to us to really get our municipalities to start talking about not just autism as a general idea, but really autism acceptance.
We really have come a long way from awareness to acceptance, and we have so many resources uh in our counties for who we lovingly refer to as the littles, you know, when you get your early diagnosis and all the different things that happen when you get that diagnosis.
But as many of you know, starting at 10, 12, 13, things start getting a little complicated.
Um, and I've been working uh over the last 10 years on programming specifically for adults as my children transition to adulthood.
I have to say uh my daughter Isabella came to the UM NSU surf camp here in Miami Beach uh over a decade ago.
So I know that you all have a longstanding relationship with UM NSU Card and UM NSU Card uh has been my number one partner in doing this work uh with a toolkit.
Um so with the toolkit is I created a document that has been emailed to all of you.
Uh I also have the QR codes here so that you can see them that really encompasses everything that I've done in the public sector on the government side.
It is written for you, it is written for uh managers, mayors, uh, commissioners and administrators in general, and it has all the legislation that I've worked on.
Please copy it.
Um, all the data that we have done over the years, the training as infrastructure, and then the different examples of everything from social stories that we've done in all of our libraries to how to um provide uh autism friendly and sensory friendly events.
Um, so first I'll just say why we talk about neuroinclusion and not autism.
Most autistic adults and children have more than one neurodiversity.
So, for example, my daughter was diagnosed with autism, but later in life, she was also diagnosed with ADHD.
So she has odd HD.
A lot of neurodivergent adults are autistic and dyslexic, or um are um they have autism and Tourette's or tourette's and dyslexia or OCD or autism and epilepsy.
So it's very common to have more than one neurodiversity.
Also, when we talk about autism, we're talking about one in 31.
When we speak about neurodiversity because neurological um uh delay includes autism, downs, epilepsy, uh, Tourette's ADHD, um, all of those exceptionalities, in the middle of the spectrum, we have neurological brain injuries.
So people who have injuries that lead to neurodiversity.
And then on the other side of the spectrum, we have individuals that have dementia or Alzheimer's all together.
The human beings that are neurodiverse in the state of Florida are one in five.
They're not outliers, they're not a small group of people, they're actually a very large group of people.
And a lot of the work that I do also helps people who have dementia and have Alzheimer's.
Because while most families um think that the first marker is forgetfulness, actually, the first marker for more than 89% of them is sensory overload.
So when you have sensory friendly activities, that actually helps everyone.
And I will tell you, as I mentioned in the toolkit, it isn't just wonderful for people who are neurodiverse, even neurotypical people like myself appreciate when you turned on the volume a little bit and turned on the lights.
So one of the examples that I give is the youth fair.
We've been working with the youth fair for several years.
They started with UM NSU Card, they did a sensory room and a social story.
The next year we did a map that had sensory friendly spaces.
And this year we did sensory friendly hours every Saturday and Sunday from 12 to 3.
So it is progressive.
It's not something that you do from one day to another.
I know that you all have done a lot of this work, and I want to thank you for that, but it is an ongoing process.
Um, the idea of this toolkit is to give you ideas on how to do it.
You don't have to hire a consultant.
You know, we've done this work as pilots in the county.
So with UM NSU Card, Miami Dade County has already trained 4,128 first responders, lowering the amount of baker acts and unnecessary arrests dramatically.
It's so important for our families to know that people who are coming at a point of crisis know how to deal with their neurodivergent adults.
One of the examples that I get, I've had uh a police officer from the sheriff's department call me and tell me that they were in North Miami Dade and they were responding to a 9-1-1.
They knocked on the door, and the mother opened the door a little bit and said, Have you taken Commissioner Regalado's autism training?
And the police officer was like, I am responding to a 9-1-1.
And she was like, Yes, but have you taken it?
And he said, Yes, I have.
And she said, You can come in now.
Because she was scared that in response to the 911, her son was going to be unnecessarily bakered or arrested.
So we talk about employment, and that's part of the work that I do.
And obviously, October, we really highlight that.
But there are many barriers to employment, not getting an ID.
How do you get an ID?
We have worked with the tax collector, and we actually have neuroinclusive days at the tax collector's office downtown where all of our families can go and get IDs.
The state of Florida recently changed the law so that you can add your disability voluntarily to your Florida ID, and you can get a Florida ID starting at five years old.
So there is a world in which autistic children and adults have a Florida ID and they could use it.
And that could be one of the many ways that as elected officials, we can help them come into these public spaces.
So at Miami Dade, we've trained all of our transit workers and everyone at our airport.
This is the Sunflower Lanyard.
This is for invisible disabilities.
And it just gives someone a heads up that if they see this, that they might want to approach and that their approach might be a little bit different than a neurotypical approach.
This is also used, like I said, for people who have dementia and Alzheimer's, and it's a very subtle way to say that someone might need a little bit of assistance.
We have this in our airports.
I give them away, the airport gives them away.
And at the airport, which is in the toolkit, we have MIA Air, which is a dress rehearsal that's available to all residents of Miami Dave County if you love a neurodivergent person, where we walk them through the process of boarding a plane without actually flying.
They come to the airport, they get a boarding pass, they go through TSA, they board the plane, they meet the, they meet the pilot, and then we show them where our sensory wounds are.
And that way when they go to fly with their families, or even if they go alone, it's not an overwhelming experience.
It comes with social stories in English and Spanish, and we actually connect the caregivers with TSA cares.
So this is one of the many programs that we've established at the county that really leans into inclusion.
Everything that I have done is within our existing systems.
I haven't created anything, I haven't created any jobs.
This is not an economic opportunity.
This is about really giving specifics to what inclusion is.
I think inclusion is like happiness.
You know, we all want to be happy, right?
But how do you get there?
What does that mean for you?
Um, so what this tries to do is at least from the public sector side, try to explain what inclusion looks like and how we can embed it in our existing systems to make everyone feel welcomed.
Our families have a tendency to stay home, to not come out, to not congregate.
And we're seeing them with these new events and these opportunities really coming out.
I'm hosting a fair on Saturday at uh Temple Bethum in Pinecrest, where we're gonna have the sheriff there with uh the decal and the registration.
The registration is for everyone in Miami Dave County.
It allows you as a caregiver to register a neurodivergent person that lives in your home and to give specific instructions about their needs, if they're verbal, if they're nonverbal, what their specific de-escalation is and what the officer or firefighter should know when they knock on your door.
That is available to everyone's 911.
It's voluntary.
And this year, the sheriff has added vehicle registrations.
So now when you register your vehicle, you can also add that a neurodivergent person may be in that vehicle and what their special specific needs are so that when you're stopped, everyone is aware because a caregiver may not be there or a caregiver may not be at that moment be able to communicate in front of the person, what is the best way to de-escalate?
Um, so those are some of the many tools that are in the toolkits.
Uh, I'll pass it around.
It was emailed to you.
I'm here to help.
I would love to see more adult programming in Miami Beach.
If I had a magic wand, that would be my ask.
You all do so much, but we have a huge need for adult programming.
Um, unfortunately, our healthcare system is created for elderly people.
So our system pushes people towards getting someone to take care of them at home.
And if you're an elderly person and the remainder of your lifespan is five, seven, ten, eleven years, that's great.
But when you graduate our kids to the couch, when at 22 they go from a structured environment, an educational system to the couch, what you're saying is that they're gonna be home for 40, 45, 50, 60 years.
So think about that.
Um, I I know that it's uh it's a lot, you know, when we talk about adult programming, but there really is such an amazing need, and it can be co-located uh with vocational training, with um employment opportunities.
And remember, our children have a neurological delay.
So unlike the elderly that we're trying to keep them from getting worse, our kids get better.
They get better with intervention, they get better with support.
And while you may have a child now at 22, like my daughter, who is in a vocational program, but is not ready to work in five years, in seven years, in 10 years, she will be.
And that's what we're all moving towards.
And we also have a lot of adults that need less resources, but they still need accommodations.
And at the county, I've created opportunities for them.
We're changing the way that we hire.
Instead of just posting on LinkedIn and telling people, you know, that they have to make eye contact and communicate well.
Uh, we allow them to come in and actually perform the task.
And that's a way, a very easy way where you give a neurodivergent person the opportunity to work.
So I'm here to help.
Uh I want to thank you all for your support and for the opportunity and to answer any and all questions that you may have.
So thank you.
Thank you, Commissioner Regalato, and thank you for all the hard work you do on this.
It is it's an important issue.
We all we all know individuals like yourself who live with this every single uh day and care for their loved ones and in most cases kids.
Um I have so many friends who are grappling with this issue.
So highlighting it, educating people, but also taking concrete steps and actions like your that you're talking about is is imperative.
So thank you.
Thank you.
And well, I'll say I would have given anything 15 years ago for my kids to be neurotypical.
I wouldn't change them today.
Um they have made me a better person.
They're amazing human beings.
Uh, and I know that it's hard when they're little.
My son was a runner, my daughter was nonverbal.
It's really challenging when they're very young, but uh for all the parents, it it does it does get easier.
And obviously, it takes a village.
So when you live in a community that really leans in, um, it makes it so much easier.
Thank you.
Uh I have Commissioner Fernandez and Commissioner Bottom.
Yes.
And thank you, Commissioner, for your leadership uh in this.
I think the great thing about this is it's not just general statements.
This is an actual toolkit that you have put together through your years of public service that communities can model themselves uh after.
And um, and and I think you know, those that clear shift, those meaningful policies on signage, on sensory uh aware of public spaces, on on the in-person interaction that you were just mentioning is so important.
I think for us as uh as a destination, not only are we a great community for our full-time residents, but um like most of Miami Dade County, we're we're also very tourism-driven.
And in order to be a hospitable community, uh, we need to make sure that we're properly training uh our hotels, our restaurants, uh, our park staff and uh and and our police departments uh and and how to handle this.
And I know our police department actually has been very much involved in these in these efforts and training and training their their staff.
Um, but this is such a great uh initiative, part of a I think a broader commitment to the diversity uh of our city, which is ensure it is in part making sure that every resident can navigate our city services, can uh visit our restaurants, can visit our hotels, uh, and feel feel comfort, feel clarity, feel respect.
Uh and so I just want to thank you.
Thank you for for for this effort.
I love the toolkit.
I love that you're making this available to elected officials throughout the state so that we can mimic uh these policies.
And as you mentioned, I think we have so much great opportunity to work on more programming here and engaging our business community so that so not only are we truly a diverse and an inclusive community for what we think of traditionally, but also the broader sector, people who just see the world a little bit differently, and we can do so much uh to help them feel a little bit better in our community.
Thank you, Commissioner.
And the Greater Miami Visitors and Convention Bureau is in the toolkit.
They were one of my first uh partners.
Uh I won't reveal anything, but they're there might be the first um hotel that where everyone has been trained in Miami Beach.
Amazing.
Uh so stay stay tuned.
Um there's a lot of things that we're working on in that space.
Um, there's gonna be a rollout specifically for that in October.
So October is disability month.
One of the things that I mentioned in the toolkit is using April and October as goal setting moments, not just performative moments.
Um, and October for us is gonna be uh a big one where we talk about what we've been doing in terms of autism-friendly spaces.
We have a lot of museums that have been doing that, and we're going to roll out a lot of special things so that people know where to go, right?
That has actually done this training and where they've focused on making this a priority because our families do have economic power, and they are asking the questions, right?
Where can we go?
How do we get there?
And that's something that I think is one of the things that we're seeing as this community grows.
And I would love to have Miami Beach lead on that.
And UM NSU Card is a wonderful partner for you all.
You know, we do a lot of the training with them.
The one that we did, we've trained all of our uh police officers, firefighters, parks, uh, transit um, and libraries.
So it's it's been an enormous training effort and Miami Dade County.
And I will tell you when I talk about training as infrastructure in the toolkit, not only does it make the customer experience life-changing for parents and caregivers and individuals, but it also sends a mini ambassador back to every home and every business.
Because everyone that's been trained with our training, now they become the advocate.
And that's a multiplier.
And wherever they go, every time they go somewhere, every time they see someone, they educate them.
So it really is an opportunity for us.
You know, to your point, Miami Dade County is known for diversity, cultural diversity, ethnic diversity, right?
Um there is a world, there is a world, right?
Uh in which we also become the Mecca for intellectual diversity.
Because our kids just think different.
That's all.
And there, and there's so much stereotype in this arena.
But but in when you when you get to meet these these individuals, their talent, their creativity.
They have amazing abilities.
Truly, truly incredible uh uh abilities that they have to contribute back to society, but oftentimes they're pre-judged and they're stereotyped by individuals who just don't know better, and and it's incumbent upon us to to help make that shift in society.
I think that that's that that's where a lot of these trainings and a lot of these toolkits and creating opportunities for the engagement uh and oftentimes putting in individuals uh with these uh neurodivergent uh uh issues um in places where they're front facing, engaging with people.
So that's so that's what the Greater Many Visitors and Convention Bureau did.
Um they actually hired some of our graduates from Easter Seals to be greeters uh at many of their events, uh, and it was lovely because they really gave a face to it.
Easter Seals also has like a coffee cart that they take to uh corporate events, and then they have the graduates serve coffee and talk about um autism.
We have a lot of programs that are doing a lot of in-community service where you can invite them to a lot of your events, and they do the education for you.
Um, in our police training uh and in our perks training, we actually took autistic adults that explain to county employees what their interaction was like and what their experience was like.
So, yeah, thank you.
Commissioner Bach.
Um thank you, Commissioner Regolado.
I will not take up more of your time, but uh I want to just say two quick things.
One is a question which you don't need to answer here, but I want to put in your mind to see if there the information exists.
Um you said some of the neurodivergency comes from traumatic brain injury, and I would love to know if there is a data set that you can access or UM has or whatever, if we've seen a spike in that or a trend line going up as we've seen an increase in micromobility adoption in the county because I'm it's something I'm working on, and I know that people are going to the hospital and sometimes surviving and sometimes not with traumatic brain injuries, and um I think that would be a really valuable data point for a lot of things that we're doing here in the city and in in the county.
I can get you that.
I represent Cubis Kane.
Okay, awesome.
So you feel me.
Yeah, yeah.
And then the other thing is, and I I'm gonna pop off and give you my card, but um, so you may or may not know that we are transitioning Miami Beach into the health and well-being capital of the world.
And a big part of that, I mean, all of my colleagues, every single one of us up here has been a big part of that, but um, and not the and um sort of the overarching umbrella for that, or one of one of the the legs of that stool, depending on which analogy you want to use, is the blue zones initiative.
And a big part of the blue zones initiative is community and connecting people who otherwise would be left out, and we talk about it with seniors, or we talked about it with young adults who don't have families who are plugged into the school system.
I think this is a brilliant um element of inclusion that I hadn't really crossed the transom yet, but I am going to reach out to you because it fits in so well, and there's so much for neurodivergent families to do here in a scale that is not overwhelming, like it's not going to prickle or you have to drive for three hours to get here, it's close, it's easy, it's low in low scale, you can dip in and and do and dip out.
It's close, it's easy, it's low in low scale, you can dip in and do and dip out.
So I think we are going to have a lot to talk about.
And I'm I apologize in advance, but it's very exciting.
No, I would love to work with you on it.
In the toolkit is also the training that we did with Jackson Health Systems.
So there's a whole healthcare component, healthcare training too, uh specifically at emergencies and emergency rooms and urgent cares.
So there's a lot of different components to it, but um there is very simple things that can be done to make events um sensory friendly, and that helps everyone.
Uh and there's a lot of existing resources that are very easy to mimic, uh like social stories.
All you need is like a few pictures and there's a PDF and you're good to go.
And that really reduces the anxiety.
So it's it's a lot of easy things.
And and the idea behind the toolkit was to do just that for everyone to incorporate it in their existing policy and and to not have to hire a consultant to do it to just kind of like step into it uh and do what you feel comfortable with and and build on that.
So thank you.
Thank you.
All right.
Thank you, Commissioner Regalado, and uh we're looking forward to working with you and partnering partner partnering with you on this.
Same.
Sam and thank you so much for always being so supportive.
I really appreciate it.
Have a lovely day.
You too.
Call R7R.
R7R is authorized issuance of resort tax revenue refunding bond series 2026 R7R.
I move the item.
Uh motion by Commissioner Fernandez, seconded by Commissioner Suarez.
Any discussion?
Hearing none, may I call a vote?
Call the vote.
R7 R.
All in favor, please say aye.
Can we can we just uh get on the record for what we're doing?
And and what we're saving.
Sure, I'll I'll be quick.
Thank you.
Jason Green, uh City's chief financial officer.
So we have uh an opportunity to refund the original 2015 resort tax bonds, which were issued back in December of 2015 as of the end of the prior fiscal year, we have about 156 million dollars outstanding.
Uh through this refunding opportunity, we will not be exp uh extending the life of the bond, so it'll still be paid off at the same time frame.
But through this refunding, uh we are projecting approximately an 8.5% uh net person value uh savings of $13.3 million.
So on an annual basis, what looks like uh early projections, you don't know obviously that we go out to market, but we're looking at just shy of a million dollars a year in savings.
Incredible.
Thank you, Jason.
Thank you.
Call the vote?
I did.
Uh everyone was in favor, it was a motion by Commissioner Fernandez, seconded by Commissioner Schwartz, 70.
Excellent.
Thank you.
Uh let's try to call a couple of hopefully quick items before the lunch break.
R5A.
That was a hint.
5A is an order of the mayor to the Commission of the City by Beach Front, amending the Miami Beach Resiliency Code by Benning Chapter 2 and Tel Administration and Review Procedures, Article 5, and title Rezoning and Development Approval, Section 2.5.3 and title design review subsection 2.5.3.3 thereof, and title administrative design review to extend the planning director's authority to administrative review of eligible temporary surface parking lots by amending Article 13.
The title Historic Preservation Section 2.13.7 thereof and title issuance of certificate of appropriateness.
Uh certificate to dig certificate of appropriateness for demolition to expand administrative review authority for temporary surface parking lots, providing for codification, repeat reservability and effective date.
This is a second reading public hearing.
Commissioner Fernandez.
I move my item.
Just have one uh question.
When you give uh approval for this, is there a finite time frame or is it on a case-by-case basis?
And where I'm going with that is um I I personally think, you know, especially in some of our more vibrant areas, uh surface parking lots are just the lowest uh use for that.
And I get that it could be uh necessary or beneficial temporary situation, but what I don't want to encourage is just a five-year, ten-year, fifteen year, twenty-year covered land play in some of our uh critical areas where it takes away from walkability, it takes away from incentivizing housing going in place of that.
So while I'm fine with the administrative review, is this just uh a permanent approval or there's some sort of uh sunshine provisions?
The uh the the code already sets, I believe chapter five already sets a five-year period with a five up to another five-year renewal pump.
That's correct, and that's not changing.
That's not true.
This is this is the the only thing that the ordinance touches because that's already set in a different part of of the code.
This only changes the the approval process for it.
And I guess this isn't the right form to talk about this because this isn't the meat and potatoes of the issue.
I just hate that if we're approving a surface parking lot that we're giving a covered landplay for 10 years, right?
Because you're essentially taking away for the next 10 years incentive to do a highest and best use of that land.
Um but the meat and potatoes of this issue uh I have no issue with the and I'm happy to work with you on something if we we want to go back and show you know, on a temporary basis, we we may want to allow for parking.
Um this ordinance addresses the review process, but I'm happy to work with you.
Okay, how long do we want these approvals to be for?
And I'm happy to work with you on a revision on if we want to it is a public hearing.
I see no one in Zoom, and as you know what in the audience requesting to speak.
May I call the role?
Yes.
Commissioner Mateo Salinas.
Yes.
Commissioner Bott?
Yes.
Commissioner Fernandez, yes.
Mayor Dominguez.
Yes.
Commissioner Magazine.
Yes.
Commissioner Suarez.
Yes.
Mayor Minor.
Yes.
Motion carried.
The item is approved.
That was item R5A.
R5B.
I'm sorry, B as in boy.
This is an order to the Mayor City Commission of the City by Beach Florida, amending appendix A to the code of the to the code of ordinances to change the advertisement fees for public notices required by section 2.2.3.5 of the resiliency code of providing for repealer shovel ability calification and effective date.
This is a second reading public hearing.
It is a uh item R5B.
I have a motion by Commissioner Suarez, seconded by Commissioner Fernandez.
It is a public hearing.
I see no one in Zoom and no one in the audience requesting to speak.
May I call the roll?
Yes.
Vice Mayor Dominguez.
Yes.
Commissioner Suarez.
Yes.
Commissioner Mateo Salinas.
Yes.
Commissioner Fernandez.
Yes.
Commissioner Magazine.
Yes.
Commissioner Bot.
Yes.
Mayor Minor.
Yes.
Item is approved.
That was R5D.
R5E.
R5E is an order to the Mayor City Commission of the City by Beach Ford amending the code of the City by Beach, so Part B entitled by MB to resiliency code by amending chapter 7 entitled zoning districts and regulations.
Article 2 entitled district regulations, section 7.2.2 entitled RS1, RS2, RS3RS4, single family residential districts by modifying the two-story house standard specific to open space requirements for site elevations of single family homes and providing for qualification repealer servability and effective date.
This is a second reading public hearing.
The item requires five sevenths vote and it's R5E.
It's been a while since we did this.
Can you just give a quick brief overview of this, please?
Sure.
Um this particular item uh was approved at first reading by the city commission on March 18th.
And it basically um simplifies and further fine-tunes the current regulations in single family districts that require a certain amount of additional open space within two-story single-family home volumes that have a depth that is greater than 60 feet in length.
Um the planning board endorsed the item, and there were no changes when the ordinance was approved at first reading.
Okay.
I move my item.
Call the vote.
Motion by Commissioner Suarez, seconded by Commissioner Fernandez.
It is a public hearing.
No one in Zoom, no one in the audience requesting to speak.
Commissioner Magazine.
Yes.
Commissioner Suarez.
Yes.
Commissioner Bott?
Yes.
Commissioner Fernandez, throw me off there.
Yes.
Commissioner Mattel Salinas.
Yes.
Yes.
Motion carries the item is approved.
That was item R5E.
No, I'm pushing my luck now, but let's see.
Uh R5F.
R5F is an order to the mayor, so the commission of the City by Beach Florida amending the code of the City by Beach, so part B entitled land development regulations by amending chapter one entitled general provisions.
Article 2 and title definition of section 1.2.1 general definitions to create a definition for bicycle ride share stations by amending chapter 5 and title off street parking.
Article 2 entitled vehicle parking, bicycle parking and off-street loading requirements, section 5.2 point 14 and title alternative parking incentives by modifying the alternative parking incentives to include a provision for bicycle rideshare stations by amending chapter 7 entitled zoning districts or regulations.
Article 1 and title general to all zoning districts, section 7.1.11 and title residential use incentive to include a provision require bicycle ride share stations by amending Article 5 entitled supplementary district regulations, Section 7.5.3 and title supplementary yard regulations by amending the allowable setback encroachment to include bicycle ride share stations and providing for codification repeater sub ability on effective date.
This is a second reading public hearing.
The item requires five sevenths vote.
It is R5F.
I move my item.
Second.
Co-sponsored by Commissioner Bott, uh sponsored by Commissioner Fernandez.
I'd like to co-sponsor as well.
There we go.
I have so it I have a bush by Commissioner Fernandez, seconded by Commissioner Suarez.
It is a public hearing.
I see no one in Zoom, no one in the audience.
We will list Commissioner Dominguez as a co-sponsor.
Uh if no discussion, Commissioner Bott.
Yes.
Yes.
Mr.
Suarez.
Yes.
Commissioner Mateo Salinas.
Yes.
Commissioner Magazine.
Yes.
Mayor Minor.
Yes.
Motion carries the item is approved.
That was item R five Ferry.
We're going in the roll.
Uh call one of Commissioner Bott's items.
But um, we actually have a working session during during lunch to discuss uh attorney client case.
So I have to read a announcement.
She's here.
You know what?
Let's call it quickly.
R5i.
R5.
Don't maybe regret calling this, Commissioner Bottton.
Oh, I feel like we've got all the cards now.
R5 I is in order to the mayor, so the commission of the city of my beach forward.
The code of ordinance of the city of my beach by amending appendix A to the city code and title fee schedule to include an automatic annual consumer price index adjustment for water impact fees and sewer impact fees imposed by city pursuant to sections one tenth dash one sixty seven and one ten sixty nine and providing for codification repeat or servability of an effective date.
This is a second reading public hearing.
It is item R5 I.
Um before anybody has a nervous breakdown.
This is the one that we all approved unanimously last time.
I believe nothing has changed.
Is that right?
That's correct.
This is only a CPI increase in previously adopted impact fees.
So with that, I'll move it.
Second.
Well done.
I have a motion by Commissioner Bott.
I believe I heard Commissioner Fernandez second it.
Commissioner Suarez.
Yes.
Commissioner Bott.
Yes.
Commissioner Mattel Salinas.
Yes.
Vice Mayor Dominguez.
Yes.
Commissioner Magazine.
Yes.
Commissioner Fernandez.
Yes.
Mayor Minor.
Yes.
Motion carries.
The item is approved.
That was item R5I.
Okay, so now we're going to take our working lunch break.
I am required to read a notice into the record uh regarding our attorney client session.
Uh the attorney client session shall commence and will be head, will be held during the lunch recess of the city commission meeting in the city manager's large conference room regarding the following case.
Penrod Brothers Inc.
versus the City of My Beach and Boucher Brothers.
I'm also required to announce the who will be in attendance.
That will be me, Vice Mayor Lori Dominguez, Commissioner, Commissioner Mateo Salinas, Commissioner Fernandez, Commissioner Bach, Commissioner Suarez, Commissioner Magazine, City Manager Eric Carpenter, Assistant City Manager Mark Taxis, City Attorney Ricardo DePico, Chief Deputy City Attorney Robert Rosenwald, Deputy City Attorney Henry Huntenfeld, and Attorney Eric Hotman of Weiss Sorota Healthman Cole and Beerman and Beerman.
And with that, we will break and resume with our sucknik time at one o'clock.
Thank you.
Don't do things about the screen.
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.
Second, third.
Welcome back.
The city commission meeting is here by reopened.
The turning client session announced at the uh that I announced before the lunch break has terminated.
We went close to uh an hour and a half, which is why we're back later than we anticipated, but uh obviously needed to get through that business.
We'll open up the um Sutnik time uh now.
Good afternoon, everyone.
If you wish to address the commission, please approach the podium, state your name, address, and you have two minutes.
Hi, my name is Brenda Jordan.
I live 2316 Bay Drive.
Um, and I'm here because oh, happy Earth Day, everyone.
Today is Earth Day, and I realize this commission has a lot of obligations, you know, to so many people to so many areas of the city.
And you know, the decision, um, as you know, I'm an artist vendor, and I'm always here to talk to you about this situation.
In every um interaction or relationship, there's two sides to a coin.
And this program was set up with only one side, and that was the city side.
And even again, we readjust the issues with the artist vendor programs, and the same action was taken.
Only one side of the coin was heard before making decisions that critically affect other people's way of life.
All of us want food on the table and to be able to pay our bills to feed our children.
And the decision that was made caused a lot of people not to be able to do that, to maintain basic necessities.
Now I'm a beach resident, and people say, Well, why are you so worried about it?
Because it's unfair, it's unjust, and we're all human beings.
We're born equally, whether we're artists, whether we're commissioner, whether we are millionaire, billionaire, we are born equal.
So I just want fairness, I want transparency, I want us to be able to sit at the table.
When you're counseling a marriage, you bring both parties and you find out their issues, and you try to mediate what is good, not only for the city, but the artists.
So I'm asking that you stop and halt this latest um ordinance, grandfather the people in so that they can be allowed.
I didn't have two minutes yet, um, that they can be allowed to come resume their work so that their needs can be basic needs can be made.
And then we go from there.
You know, I just want fairness.
Same thing you want for your family, these people want.
And I know we're all human, we make mistakes, but the greatest thing is when we come back to the table and you say, you know what?
Maybe I didn't get it right.
Let's start over, but in the meantime, let those people be grandfathered in because it's still a mess.
People are still selling crap.
So anyway, thank you, and I appreciate all your efforts to make this a viable program.
But both parties have to sit down and mediate together.
Not only the city side, but our side needs to be represented.
Thank you so much.
I appreciate you.
Happy Earth Day.
Oh, yeah, and the traffic in North Beach, a mess.
It took me so long to get here this morning.
But thank you.
Uh yeah, my age.
I'd rather look hi.
How are you doing?
My name is Janet Figueroa.
I'm one of the artist men in the city of Miami Beach.
And I see that you guys got a lot of work in your hands with the city itself.
Um we don't want to be a burden to you guys, so I would appreciate if there's not that many of us already.
Some of them are very old in age.
They should be grandfathered in for the program, and they could continue doing their art until whatever God's life gives them.
It's not gonna be much.
But um, I'm one of the artists here, and I'm a jewelry artist, but I'm also a fine artist as well.
I do all types of arts, tons of arts.
And I can't do it all and bring it all here because carrying everything is not that much fun.
Okay.
So the heavier the things become, the harder it is.
We also have uh a limited space, which is a table of six feet, and we're not allowed to go over 24 inches.
So if you have paintings and drawings or anything of that nature, you also gotta all understand that we're dealing with the elements outside, rain, heat, and so far.
Um working with art when you're a fine artist, involves a lot of chemicals.
So you have to be very careful what you bring here and what you don't bring out here.
The 24 inches, if you bring a canvas, it's gonna you're gonna have to be limited to what eight by tens because you're not gonna be able to to put all of this stuff.
So also what she wanted to say is that the coalition that was started, we all have different views.
That's not gonna work.
The young man had because he wasn't here from the beginning.
He doesn't know that before we were regulated, people would set their table up at six, come back at nine.
We don't need that case.
Okay.
Yes, I think that's the first one.
The best the best thing, I think it's only a very small group of people left in the program.
If they could get grandfather in, of course, as a multiple artist, a person that could do more than one art, I could always bring some other pieces and show in my table as well.
But my passion is also my jewelry because I'm I've been doing it for a long time.
So I understand that you want beautiful tables and things like that, but the limitation in space, when you do uh display, you have to be very careful because I already had an incident when they told me that it was too tall.
So you have to you have to understand that there are certain things that you could bring here, and there are certain things that you cannot do here.
If there's a high wind and you have your your stand is too high, a fly hit somebody.
So we're trying to keep it as short and simple as possible.
So if you could grandfather us in for the ones that we already been here so long, I will appreciate it, and we could continue with the program with the new ordinance and so far, and try to work together to make it happen.
Okay, thank you.
Thank you.
Um good afternoon, Mayor and Commissioners.
You know, we have uh Andres on 1000 South Point Drive.
We have a major um issue with 395 traffic going east and westbound, especially after four o'clock heading westbound onto the city of Miami, and it's only gonna get worse between BH3 and Terror Group, which are building four high-rise towers on Watson Island, um, possibly over a thousand units plus hotel retail and condos, the traffic is just gonna be extremely worse.
And the county and the state has only implemented a one-lane exit onto Biscayne Boulevard, and that was the original one-lane exit that we've had over the past 40 years on that exit ramp.
And it is going to be a nightmare if the state does not use the power of eminent domain to be able to buy out some of the land right adjacent to it to be able to expand that lane and make it a two-lane exit.
Once that development is built, we're not gonna have the power to be able to do that.
I think the city of Miami Beach should do some type of an urging to um sort of request together with the county and the city to the state to use your power of eminent domain and be able to get more land to be able to do another lane exit onto Biscayne Boulevard, not counting the approximate 10,000 condoles that are being built in four square blocks right off of that exit.
So something needs to be done, and if we don't start getting at to this now, we're not gonna have control to do it.
The second thing I just wanted to mention real quick because I heard the parking director talking about Palm Island parking together with all the other islands, specifically only in Palm Island.
That island had had curbside parking for the past 60 years.
I grew up there.
And when the city redesigned Palm Island, they did the median wide, wide too wide that it didn't have legal space for a parking space and a fire truck to go through.
That's why there's no parking there.
So right after the design was done, the city basically put no parking signs every 50 feet throughout the whole entire island, making it impossible for anybody to be able to park if they were a visitor or a house that does not have a driveway, or the new houses were on 6,000 square feet, only have two car parkings in their driveway because a lot are small, so they have nowhere else to park.
So I just want to make sure that you guys know that that specifically in Palm Island, it could have been fixed to have legal parking if the design would have been done appropriately to fit a car and also um a fire truck go through.
Thank you very much.
I just thank you.
I wanted to address the first issue you raised about the MacArthur causeways.
So one of the issues is the um the westbound traffic uh early afternoon.
Starting, I've gotten caught in it too.
It's severe.
And one of the issues that's been identified is the port, the trucks coming out of the port.
And um so far we uh so uh I've I'm working with the South of the Fifth Naval Association, Palm Hibiscus and Star Islands.
Um we're trying to get everyone to the table.
It looks like we're gonna do that soon, get the port, the state, the county, Miami Beach, um, residents, and uh try to work something out.
Right now we haven't been able to get anybody to budge, um, which is it's hard.
I'll tell you that the second is certain union regulations, which is also uh but I'll tell you the second issue is that the arena forces every car that's parked inside of that arena to take the port of Miami to get out of the arena.
So they go up the port of Miami Bridge, loop out to that causeway, and force everybody to get down on that ramp or go up the expressway as well.
The city should allow people that are going either onto the beach or heading south when they're leaving the garage of of the arena, not to force them to go into the port and go in through that exit as well, which causes another bottleneck.
But again, for 40 years, there's been one lane exit.
You can't redo that bridge and leave it as one lane when you have all this new development happening around it.
So if the state doesn't use that power, we don't force them to do so, we're gonna get stuck.
Thank you.
Is there anyone else who wishes to speak?
Seeing none, we're gonna go to Zoom.
First caller is Omar, Omar State, your name, address, and you have two minutes.
Good afternoon, Omar Jimenez, uh North Beach.
Uh so this was mentioned a little earlier about the North Beach parking, but um, when the city first introduced the residential parking pilot zone number 26 in North Beach, Barbecue residents contacted the city about Parkview Island and how that how that would affect um island residents.
This new zone would affect us.
Um we asked you to consider the impacts on on granting street parking permits to the largest condo building on the island on how that would affect us all.
It's a 240-unit building.
And as we heard earlier, the city only has 125 parking spaces on Parkview Island, but over 450 permits were granted to Parkview Island residents.
This has really been working against our community for the past year.
We are having huge difficulties with parking as a result, and we're in the worst position now, uh, rather than you know, having alleviated the issues previous to the uh zone 26 being uh created.
So there's an easy fix.
We're asking the city to temporarily convert the small paid surface lot outside Parkview Island into a residential zoned uh lot to relieve the issues until this is resolved.
Thank you.
Thank you.
No one else is on Zoom, and I'll see no one else in the audience requesting to speak.
Mayor the Sutnik can conclude Steve.
Mayor?
Sonic's over.
Let's call um our thank you, everyone who spoke.
Um I would just a couple of uh priority items.
I'm gonna try to get to them uh quickly.
R5Z.
One second, sorry.
R5Z is an order to the mayor of City Commission of City by Beach, Florida, amending chapter 66 of the code of the city of the city and titled Marine Structures, facilities of vessels by amending Article 2 and title restricted weight zones by amending Section 66-Sh-43 entitled restricted areas to establish a designated public swim area and corresponding motorized vessel exclusion zone in the water surrounding Flagler Memorial Island, also known as Monument Island, pursuant to Section 327.46 of the Florida Statute and further authorizing the city manager to undertake and execute the necessary applications in coordination with the various agencies of Miami Day County, the state of Florida, and the United States government in order to effectuate the establishment of the designated public swim area and corresponding motorized vessel exclusion zone and providing for repealers of a built-in calification and an effective date.
This is a second reading public hearing.
This item R5Z.
Thank you.
And uh happy to sponsor this.
Thank you, Commissioner Mateo Salinas for co-sponsoring.
Uh I'll tee it up.
I just want to give a big overview that uh this had been an issue our residents had raised about Monument Island and the noise coming from there and the cleanliness.
Um this is uh I'm I'm I'm really um happy with this item.
But in the bigger picture, I'm really so happy with what this commission has accomplished to clean up our waterways in a big way.
Some of it cleaned up literally with environmental issues and all our volunteer organizations, but whether it's the charter boats and the marina that we've been uh we've been able to crack down, whether it's the derelict boats, and thank you, Commissioner Suarez for taking the lead on that.
Uh it's nine day.
I took a marine patrol tour uh a couple of weeks ago.
I mean, we used to see a hundred 180 votes, I think we had out there where they're not there anymore.
Um they're gone.
So it's this has been a big win for um for our our our residents.
So and and we increase the hours of marine patrol, the service.
Um so we're doing we're doing a lot in um and doesn't often get talked about, but it's uh it's integral.
But I'll turn it over to you.
This is a second reading.
Can you give us just a quick reminder of of this item?
Of course.
Good afternoon, Mayor Commissioners.
Happy earth day first and foremost.
Thanks, Liz.
Um, as you mentioned, I did a very thorough background on this item for first reading, but essentially, like you mentioned, what this is doing is it's allowing us to move forward in the permitting process to create to create a swim-only zone, approximately 150 feet from the shoreline of Monument Island to create a much safer environment for recreators that wish to utilize the island, visit our historic monument without the fear of getting unfortunately run over by a boat.
I'll move the item.
Got a motion and a second.
Yes, sir.
It is a public hearing.
I see no one on Zoom, no one in the audience requesting to speak.
I have a motion by Commissioner Monica Mateo Salinas, seconded by Commissioner Fernandez.
Commissioner Mattel Salinas.
Yes.
Commissioner Magazine.
Yes.
Commissioner Bott.
Commissioner Bott.
I'm sorry, yes.
Yes.
Commissioner Fernandez.
Yes.
Commissioner Suarez.
Yes.
Mayor Minor.
Yes.
Motion carries the item is approved.
That was item R5Z.
R5AE.
R5 AE is an order to the mayor, City Commissioner City of Bay Beach Forward, amending the resilience code of the City of Bay Beach by amending chapter 7 entitled zoning districts and regulations by amending Article 3 and title overlay districts, Section 7.3.10 and titled North Beach Commercial Character Overlay District to modify requirements for tobacco and vape dealers by amending Article 5 and title supplementary district regulation, Section 7.5.5 and title specialized use regulations.
It is item R5AE.
Commissioner Dominguez.
Thank you.
So this item, Mr.
Mohammed Islam had purchased a property what was unaware of the overlay.
He and his family have many properties throughout Miami Beach.
And the overlay would prevent him from selling certain uses.
And we had a robust discussion during the public safety committee.
And I think that everyone was in agreement that if you sunset the use, um we could look at granting this.
And the land use committee sent it back to the city commission with no recommendation, but did suggest that if it was to move forward, that the narrow exception that was drafted only be applicable for three years.
So the ordinance, the draft ordinance for consideration at first reading was revised and does contain that three-year sunset provision.
So I would like to move the item with that provision.
Second.
It is a public hearing.
Yeah, good afternoon, Commissioner Mayor and the city officials.
Today I came here thanks to everybody.
It is exceptional because uh the heavy business actually cannot be survived, you know.
This is the main product of the business is the cigarette tobacco and alcohol.
But tobacco is restricted in some certain uh rules.
Uh it is restricted by uh by city law.
So it is a very harmful for the business, you know.
Business, small business, they're they are they're surviving with this uh main product, tobacco and uh alcohol.
Anyway, uh I request to our commission, our uh uh planning division, everybody, to help us to be at least sealing tobacco, then uh we can survive.
So in these circumstances, I request to our commissioner, uh commissions and uh official to help us to be uh to approve this to at least legalize uh so I heard that last land use board, they approved for three years.
This is good enough.
So we can be proceed on, you know.
Mr.
Mayor.
I have a question.
I I get complaints about vape shops.
Uh I I do.
We even had legislation a couple of years ago to prohibit it.
I I just it's not a vape shop.
It allows allows vaping products to be sold.
And because the people above, just north of him and people south of him sell it already.
So it's um allowing a use that other businesses have already.
Commissioner Bott.
So what I want to be clear about is that there is a distance separation for vape shops.
There is a movement to get to reduce the the proliferation of vape and tobacco shops, and this is not a permanent solution.
This is I want to be really clear about this for you and for anybody listening, because I think a lot of us have had um people reaching out to us.
I know I've had very mixed feelings about this.
In this very unique instance, it would have been very difficult for a person to buy this building or this business without and not get the full extent of the legalities because the basic cursory review, and Tom, you can explain this better than I can, would have suggested that if you're doing it on either side, you can do it yourself, and it it was a very opaque situation without your realtor doing some real due diligence.
Um it's understandable how this fell into being.
What I want to be clear on, again, for you and your business partners and the neighbors who are very distressed about this, is this is not a solution.
This is a an exit ramp so that you can either figure out a different business model or sell the business.
And three years is a lot longer than some of us would have liked to have given.
So please use it wisely.
I hope you're out sooner than that and you make a lot of money on selling your business and somebody else brings in something that's wonderful and a different use.
But Tom, if you want to explain that just a little bit.
Yeah, um sorry.
This particular exception is um specific to convenience stores.
So this exception would not apply to a standalone smoke shop or vape shop, vape shop.
More importantly, the exception would allow no more than five percent of the floor area of the convenience store to contain these products.
So it's a very limited component that would be part of the exception.
Um with regard to the um previous use on the site, um, if the previous owner did not disclose any existing overlays, um that's something that the property owner may not have been aware of if I may.
Commissioner Fernandez.
This is this is such such a challenge because we want to help small locally owned businesses succeed.
By the same token, what is the precedent that we're setting?
So I'll tell you a couple of weeks ago, I had a business owner come to my office, a business owner who owns a similar type of establishments on Collins Avenue in the 30s.
You know, an elderly person can barely speak English, bought this building, the establishment next door can sell can sell cigarette products.
Um his business can't.
What do I do then?
I'm saying yes to one and then no to the other.
Are we gonna be fair and we're gonna start allowing these type of exceptions for for everyone that comes forward in our city?
And that's the challenge that I that I have here, because to me what I see here, I see here a civil issue where the proper disclosures were not made to someone who bought a business and who bought a business under a set of understanding that you know something was not disclosed to them.
Um but I sponsored this legislation.
I sponsored this legislation because this was the direction that the community wanted to go in.
And I feel bad.
I feel bad because now we have you know um a business owner that didn't get the proper disclosures from from a seller.
I mean, to me, that seems like a isn't that a civil issue, Mr.
Attorney.
And what remedies could they get?
Yeah, I mean, there are certain disclosures in residential sales specifically.
I don't know that in a commercial sale a seller has the same level of uh disclosure required.
It would have been incumbent on the buyer to do the the research, but as Pum mentioned, this may have been something that is a little bit opaque and may not have been easily discernible by the buyer.
Mr.
Mayor.
Commissioner Suarez.
This um this came before land use.
And um that was also kind of torn because I understand we are setting a precedent if we do this, but you know, that's why I I originally had the idea to help this item move forward.
Where look, you know, we understand that who do we believe is it the realtor, as it falls is it the landlord, is it the business owner?
But at the end of the day, I I don't think we're going to be I don't think we're we're setting a precedent where we're gonna allow vape shops to move forward.
I think what we're what we're signaling is, you know, we understand there is an issue, we don't know who's at fault, but like Commissioner Butt said, we're giving we're giving a grace period, if you will, for this business to adapt and move on.
Um look, you know I I understand it's it's it's tough because you know it we're if it if this was, by the way, standalone vape shop, I would be completely against it.
But I think they're just selling minuscule vape products in the counter, even though like both neighbors are doing that.
But I think we're telling them that hey, look, you got three years to move away from this sort of business model and adapt.
Or sell.
So I think it I think it carefully gives everyone what they want.
We're gonna have we're gonna have enforcement in three years.
It's just that pro that particular property is not going to be able to sell this product after three years.
And you know, we're we're essentially calling balls and strikes on who you know who could have been at fault for uh not relaying this information.
So you know, I think it's a I think it's an easy compromise.
We flesh this out at land use, and you know, I don't I'm ready to just call a vote on this and see where we land.
I'm just I just gonna just put out there, you know.
We have the same issue with other businesses in our community.
This is not the only business in our community that has this issue.
All right.
There's uh there are stores on Collins Avenue in the 40s that have been coming to my office.
I think they've been going to US well, I think what is it called?
Primos, I think it's called Exact same issue of distance separation.
The neighbor is allowed to engage in the activity.
They are not.
I believe so.
And now and now how do I vote for this and tell the other person on Collins Avenue that I'm not gonna support them?
And then when we do that, it's gonna open the door in the entertainment district, it's gonna open the door in outer road and all the other areas where we have a distance separation.
It almost happened on on Alta Road.
Remember, I love I think it was I love liquor.
Yes.
I love liquor.
It was the same exact situation.
I love liquor.
And in fact, I think we ended up not doing it.
This we did not want to set the precedent.
And you know, and it it's heartbreaking because I love Muhammad.
Muhammad is a it's is a friend that I wanna and I want to help Muhammad, I want to help his business, but I also need to help the vision of the direction that we're taking out we're sitting in.
And how do I say yes to Muhammad and not to the other people who are coming here that they're coming to my office because they can barely speak English.
And they're coming to me crying, asking for help.
What do I tell them then?
But the Commissioner, it is this sort of different where Mohammed's situation this I I think he moved in as soon as the legislation passed.
I I think this might have just been a slightly different in that situation.
I think the situations you're describing are more these people want a to have it permanently, and or they have been there for a longer period of time.
I mean, Tom, maybe maybe you can just give us the quick overview of where we are today and how we got here.
So the the legislation that regulates tobacco and vape was adopted in 2017.
It was initially an effort by a former commissioner to regulate tobacco and vape stores along 41st Street because of their proximity to a couple of schools.
And then the legislation became more expansive to include distance separations for all retail sales of tobacco and vape citywide.
And that went into effect sometime around 2018.
So our current regulations have been in place since 2018.
Apparently, Mr.
Islam when he acquired the rights to this particular property was under the assumption that he could sell tobacco and vape.
He was not able to because it did not meet the current distance separation requirements.
That's why he requested this relief.
The relief that was drafted is very limited.
It's specific to convenience stores only, and it can be no more than 5% of the floor area.
And now there is a sunset provision within this exception area where uh somebody who may take advantage of it would have to cease these sales no later than three years from adoption.
Was the reason for Mr.
Islam not knowing because of how tight the time turnaround was this ordinance just passed, and then he bought his property?
I don't know the specifics of when he acquired the property, but the distance separation requirements have been in place since 2018.
So I don't know when he uh actually acquired the rights to it.
Um, but the regulations have been in place for some time.
But Commissioner Fernandez said he this was your ordinance.
We did an expansion in North Beach, then we do um the expansion of North Beach was actually to prohibit these uses.
Right.
But because of SB 180, it got repealed.
It didn't get repealed, but we can't enforce that provision within the North Beach overlay to prohibit it.
We include I think north of 63rd Street, what we did was uniform policy prohibiting these types of business uses.
And we amended that section of the code in an abundance of caution, but that particular section would not be applicable because of SB 180, but the other provision which was adopted in 2018 would be.
So either way, he wouldn't meet the current distance separation requirements that are in place.
I have a question.
So the other businesses who are coming to Commissioner Fernandez, I mean it's I I hear what you're saying.
The problem with this business was that nobody knew that this overlay existed prohibiting this use.
Or they uh did like can you give us a little more context?
I mean, I don't I don't have the the information in front of me, Tom.
You've been I did meet with uh with a gentleman um who um operates Renee Primo.
Um he has an existing, I believe, convenience store within 4332 Collins that does not meet the 1200 foot distance separation similar to Mr.
Islam.
Those regulations have been in place since 2018, and I had to explain to him that there's because there's a no-variance provision, that um there was really no other option.
So did he own his business prior to 2018?
That I don't know.
I don't I don't know when he um acquired that particular tenant space.
I don't think that he owns the space.
I think he's just a tenant.
Um I mean, so that is the issue then.
If all these people are getting caught up because somehow we have an overlay that prohibits them from doing something that seems like it is it would be a normal use, and there's no way they can find out about it.
I I that's a bigger issue.
I mean, it's it's not necessarily the city's job to reach out to um prospective buyers or tenants, um, but there has to be a a mechanism for people to get the information they need when they're going to rent or buy a property to understand what the what the uses are.
I mean, we've we we've seen other issues similar to this, not exactly, but you know, where people um lease a space that used to be uh uh a bakery and now they want to do a yoga studio and it's a this really crazy onerous thing to change the use that's because of the way our land use laws are.
It's not analogous, but it's not wildly different, the fundamental issues.
So, how do we address that?
And you know, I don't I don't mean to call this other person out, you know, and we don't know what the exact specifics are, but I I understand what the concern is because there are going to be a number of non-conforming uses.
And I remember sitting on the planning board when I forget the guy's name, but he must have come, I don't know, Alex or Joe, if you guys were on the on the board at the time, um he came for like three or four months straight.
Um, and I'm sure you remember Tom, like he was having a conniption about how are you supposed to run a city where on the same block you got six people doing six versions of the same thing, but none of them can do it the same way.
And this is now borne out.
So what do we do?
That's sort of the nature of creating non-conforming uses when you it's difficult to do this now under SB 180, but previously when the commission created first the ArcDecal Miamo overlay, then expanded it to North Beach.
The purpose was to allow existing businesses to stay and remain, but down the line there would be no new businesses.
Right.
Um that's just the nature of um establishing non-conforming businesses, existing non-conforming businesses can remain, but new ones can't open up.
To the extent that you want to take a look at nonconforming businesses and provide more limited relief, you can certainly do that as amendments to the LDRs.
No, I think the issue is that um if somebody's coming in to lease a space or buy a property, there needs to be a really clear way for them to know what they can do there.
You know, like if Mohammed um don't take offense at this, it's it's not a great example, but if you wanted to open up a strip club there, that is not a that is not a permissible use, and somebody would have said when you went to get your BTR, sorry you can't do that, right?
Like it's something that egregious would be known because it's egregious.
But this isn't this is such a degree of nuance.
Is it upon whose shoulders is it incumbent to make this knowledge known to the people who are going to be investing their dollars to create a business?
Is it the city's responsibility?
Is it the leasing agent?
Is the real estate?
Should it be posted, you know, in a in a directory or on the sign um saying these are the permitted um uh uses for this space?
I I don't know, and that's what I'm asking, because it's I don't think these are gonna be the only two issues given that we have already created these non-conforming uses.
I think this will continue to be uh a thing that we have to wrestle with in various iterations.
We receive a lot of quests, a lot of requests for what is known as a zoning verification letter, where either a prospective buyer or prospective tenant has very specific questions about what they can and can't do with their property before they enter into a lease before they enter into a contract to purchase it.
Um, and then they will sometimes email us and say, is this use permitted?
We can take a quick look and say this use is currently not permitted, and then they would say, Well, how do I get that official request a zoning verification letter?
I sign an official letter on City Stationary that says this is what you can and can't do.
And oftentimes people will do that for their own protection because they don't trust what the current property owner is saying, or what a leasing agent might be saying, or because their financial institution is demanding that they um receive verification that what they're proposing to do is uh is currently allowed.
And so most people will reach out and do their due diligence.
Um ultimately it does fall under the responsibility of the prospective tenant or the prospective future buyer of their property to understand what they can and can't do within a property.
So it's really caveat emptor, is what you're saying.
Yeah, and that's where I'm having issues, right?
Uh I think we're all sympathetic because Mohammed is such a pillar of our community, right?
He's a good and honest man, he's an honest broker, a family man.
But for this here, tell me if I'm wrong.
There was no um no act by the city to cause this not to be known.
It would be akin to somebody buying a uh bar on West Avenue or in Sunset Harbor and saying, I I thought I was allowed to operate until 5 a.m., even though we changed the alcohol hours several years ago.
And we would say, well, you know what, you're a good guy, so we'll let you go till 5 a.m.
Right?
We we have laws or we don't.
And absent you telling me it was a fault of the city, something that we did, or there was something with timing, um I'm really hard pressed uh to see that allowance.
There's certainly nothing that I'm aware of where the city my goodness.
What is it?
Well, coffee uh spelled.
Good time for you.
You wanted to speak, we got Commissioner McCann Solidus.
What happens?
Oh my God.
You know, Mohammed is not a new business owner, and he's worked in our city for decades, and the fact that he didn't have this information is what's giving me a hard time.
We moved the item and there's a second.
It does need five votes, but this is really important for Mohammed his family, and I'd really like to see support here.
Commissioner Mateo Salinas.
I'm just gonna say that I was on the fence about this too.
Mohammed, I do like you and respect you.
I am gonna support this today for two reasons.
Number one, because it does sunset after three years.
So you know, you you know I'm not a fan of apes, so I I like the fact that it's going to sunset and end in three years.
And then number two, it's only five percent of the business.
Is that right, Tom?
Or what was that?
It's limited to convenience stores only and no more than five percent of the floor area.
Of the floor area.
Yeah.
So that's something that's on the cash register, a small little Can I took one minute.
Regulated concept of the convenience store or a small business.
There's two things.
This uh license name is two APS.
That means tobacco alcohol, both of the same, the from the estate.
But only distance barrier, city of Miami Beach have some uh uh uh issue.
That's why we are suffering.
So as long as we pay to the city, we have a uh um uh city license.
We have everything, so distant barriers is uh isn't it's not a harmful.
It's not a but anyway.
I mean I'm just still I agree with uh three years the uh permission, at least we can sell something.
And then shut down.
Let me ask.
And then wait, I just want to finish.
And so and so because of those two provisions, the the limit of three years, the sunset provision as well as the five percent of floor space.
I would I'm going to support this today, and I would also be interested in hearing about something about that other business if they keep to those same restrictions because it really is such a small piece, and it and it helps them, but also it's it's kind of a happy medium uh compromise.
And thank you.
And Commissioner Fernandez, and so that's that's what I want to ask.
Is zoning establishes you know a level playing field?
And but then we're coming here and we're making an exception for one establishment over the other.
Thank you.
So wouldn't it be what happened?
Thank you.
I don't think that's where you're welcome.
I'm not clear of the It's a temporary exception.
But so in a situation like that, I want to ask our chief deputy city attorney, Nick Calurgis.
What I want is I want there to be parity.
Mohammed is here because you know Mohammed knows us, we know him, we're and we know he's a he's he's he's a good neighbor, he's a good business owner, and he cares about North Beach, and we know that he's not going to abuse this in any way.
But not everyone has that benefit.
Not everyone has that access to us where we where we're gonna feel comfortable advancing legislation if they were to find themselves in in the same scenario.
And so, you know, could we establish a framework where if someone is interested in doing something like this, they could seek a variance from the Board of Adjustments, amend the code in that way so that so that it goes to the Board of Adjustment, it has a public hearing, is publicly noticed, the community can participate, the community has an opportunity to to weigh in, and everyone that is in the same situation then can apply for a variance and is considered on a case-by-case basis as opposed to us saying, well, we like Muhammad, so we're gonna sponsor legislation for Muhammad.
Uh, but everyone else who may find themselves.
I mean, we had this issue a few years ago.
I love liquors on Alton Road.
Same exact situation.
They weren't able to apply for a variance.
But now we're coming here to this establishment, and because we know Muhammad, we're doing the legislation.
But yet I had Renee and Floor that came to my office with a similar situation, and I'm like being a stickler here, uh, because you know I'm trying to protect the code and saying, you know, I'm sorry, we can't do this.
So if we're gonna do this, I just want to create a fair and even playing field where everyone that finds themselves in this situation can be considered, but based on objective criteria, based on public hearings, and giving an opportunity for the surrounding neighbor setting.
Yes, Commissioner, the the existing ordinance prohibits variances from the minimum distance separation requirement.
And I think it would be within the scope of what was noticed if you wanted to strike that uh line four at the bottom of page 1119 of your books, which says variances from the requirements of this section uh shall be prohibited.
So you could strike that, and then that would essentially allow an applicant to seek a variance from the board of adjustment.
Now they would have to meet uh the board would have to find that they meet the the hardship standard for the granting of a variance, um, but they would be eligible to apply.
No, but my my my issue is that this here speaks specifically to section 7.3.10, which is North Beach Commercial Overlay, but this is an issue that is that that is going on, for example, in the in the in the RDECO South Beach MIMO overlay uh district, and it's going on with with other distance separations, for example, on the on Alta Road and in and in other areas.
So I mean we can change it here, it would only apply to 7.3.10, but it wouldn't apply to the other ones.
7.5.539 is the special issue.
Not to toss around my knowledge of the code, I think Commissioner Bottton is a very important variance provision in the Nord, which we also separate ordinance include.
But one because it hasn't we can't apply anyway.
So the only thing about the rest maybe.5.9 under specialized use regulations, while you could strike the no variance provision, the only caution I would add is that is applicable to all distance separation requirements, including the minimum distance separation requirement from schools.
And that was the chief reason a no variance provision was put in there was so that people could not apply for a no variant, could not apply for a variance from minimum distance separation from schools.
Mr.
Islam does not have an issue with the distance separation from schools, um, but he does have a distance separation from other retail sales of tobacco.
They could amend.
Is there a way that we could amend it in a way that it wouldn't apply from to school distance separations?
Yes, we could amend that section four.
Um so that variances are only prohibited from uh between a tobacco and vape dealer and a and a school.
And then that would allow an applicant to seek a variance from the distance separation between existing tobacco and vape dealers.
That's the only way I I can support this because I really don't like this ordinance.
But I've been saying no to people no, no, no, no, and then now we're gonna allow this, well then well then you know, then then why am why am I saying no to to to everyone else?
You know, so I just want to make sure then if we're gonna move forward and and and allow something for for for one individual, we give an equal opportunity for whoever who's in this situation, but they have to show their hardship, they have to show their hardship, it has to go to the BOA.
We're not the ones that are making a decision here based on politics on who we like or who we don't like, they have to show their hardship.
There has to be a mailed notice, there has to be a public hearing at the BOA and have them make that that determination.
And then is your amendment to um pass this today and then amend it so that future people can apply through the Board of Adjustment?
And just for the record, I go to bat for everybody that comes to my office.
So, and I know that we all do, uh, because everyone's important.
So it's not that I like Mohammed and don't like Mohammed.
I'm not saying you, I'm saying me.
I've been I've been I've been trying to be a stickler to the code when with these things, in part because I feel very strongly about it.
Um can we make that amendment um if we vote for this and then future ones can also apply for consideration through the BOA?
Not also, but it's not also, but like what you're suggesting, Commissioner Debing, if I understand, is today we go forward as planned and prospectively any further future issues like this get handled in a different record.
The the only thing I would caution the commission on is that the ordinance before you has it has a three-year sunset.
But if an applicant can seek a variance from the Board of Adjustment, there's no there would be no sunset.
No, no, no, no, wait, but wait, wait.
Um it would still the process would still be within the three-year sunset.
So and anybody who's got this issue now has three years to figure this out, whether they go to get a variance or they sell their business or whatever, we are saying this is a thing, and you've got three years to figure it out.
And then the corollary, which would be a separate item that we would bring um because it's a bigger conversation is how do we educate, how do we make it known at what point when somebody comes in to get information about a property before they put their life savings down on a property?
Do they get informed about what's permissible so we don't have this again?
I mean, this is this is not okay.
We're supposed to be um welcoming new businesses in.
And sometimes you go into business because you're passionate about widgets, but you're not a land use attorney and you don't know the about zoning laws.
And so you know it's not our job to babysit everyone, but also it's not our job to you know sit on our hands saying, well, too bad for you, because we have a wildly complicated set of overlays and zoning.
And so let's figure out a way to do this for the next three years, have a grace period for everybody who's here in the situation now, and also in that same time frame and sooner rather than later, um, figure out a way that this doesn't happen to anybody else going forward.
So let me let me ask the planning board voted against the 7-0.
The city administration the city administration is against this.
Correct.
What's I'm just I'm grappling, other than everyone likes Mohammed, I'm I'm grappling with the rationale.
I mean, we we especially since we've we've made the effort to I know maybe it's not a vape shop, but obviously it there's a significance to it.
We wouldn't be having this conversation if there wasn't a significant monetary value to this, but it's also something that we're trying to dissuade from our communities.
We want to elevate and uh vaping doesn't do it.
I think with the sunset provision, it's taking us where we need to be.
We did that with the hookahs on uh Lincoln Road, um other commissions ago, uh Mayor, you were probably on that commission.
I will also mention that.
Yeah, I think I voted against two of the three businesses who did go out of business.
Um, but that's not here or there.
This is about protecting a small business with a tiny percent of uh their business model being in this realm.
And um it's not forever, it's for a small amount of time.
And uh I think it's important that we show up to the business community.
Well, let me ask you this, Tom.
There's I saw a business in a different part of the city that advertised on its door, so we sell vape and tobacco products.
Would that theoretically happen here too?
He would not be able to have signage that says vape or tobacco underneath this.
Um his would basically be the ability in a very limited capacity to sell it as part of a larger convenience store, but he wouldn't be able to have signage that advertised tobacco rate.
A lot of those, unfortunately, are illegal anyway.
Wait, hang on, hang on.
A lot of those are illegal anyway.
Those stores are illegal or the signage.
Okay.
So we have spent all morning talking about enforcement.
So if we know that we have a whole bunch of stores who are selling a product that we are trying to not encourage, it's not illegal for them to sell it, but the signage is illegal.
In some cases, okay, Hernan, can we do a sweep?
I don't want to, I don't mean to put you on the hot spot, but why are why is that allowed?
If we know it's illegal.
Like let's do a a block by block sweep.
And at least like we can't tell people what not to sell or what to sell given the laws, but if we have laws saying you can't put that sign in your window, enforce the law.
That that helps already.
That changes the character of what that retail space looks like.
Why are we not doing that?
I'm sorry, I don't mean to like go off on a tan.
You know, it's that kind of day.
I'm not the first, not the last kind of thing.
There are a number of times that we will reach out to code about this.
But but I'm not saying we reach out to code.
Why couldn't we and I know Mark Taxis has um uh uh neighborhood area managers, right?
So as and we talked about this a couple weeks ago, and what are we doing with that area neighborhood managers?
Um we are uh I've asked for a block by block sweep at least once a quarter.
And so that should be a no-brainer.
Like any time somebody sees it, not to be called in, but because residents don't know what what signage is legal on a on a store.
But our code folks do and our area managers do.
Hey, Commissioner Hermann Fernino for code compliance.
And yes, we are.
I'll uh I'll get you some of that information, but uh we do do it proactively and complaint driven.
But but are we doing it proactively in a block by block grid pattern, like just going through every single store until we hit all of them and then we start again the next year?
We do it in all three districts, yes.
And and it's a grid pattern.
So in theory, by the end of the year, there should be no illegal advertising.
In theory.
Okay.
And and when a new business opens, let's say a new convenience store opens, and they're not allowed to have vape ads on their doors.
What information do we give them?
Because the the retailers deal with the salespeople in RJR and and you know, all the vape companies and whoever else is out there these days, they are coming in and saying, hey, if you buy 10 packs of X, I'll give you a window display and a neon sign.
They don't know.
To them, they're getting free stuff that helps their sales.
And as a small business owner, that's a no-brainer.
But if you are being told, yeah, you accept that and put it out, you will get fined, you will get, you know, you might lose your business tax receipt.
Um your your BTR, you might all these punitive things might happen, but they have no way of knowing that because all they're hearing is from the sales guys saying, listen, buy a case and we'll get your neon sign.
Right.
And especially for new businesses, I can show you examples where uh we'll do educational outreach.
Our code officer will go by and we'll leave uh planning department has uh sign guidelines pamphlet that they created, and that's what we give to our business owners.
Do we give it to the business owners or whoever is sitting behind the cash register that day?
Because that's the issue.
I'd have to go back and look.
What's that?
I'd have to go back and look.
No, no, no.
But I no, no, no, I'm not I'm not trying to I I'm not playing game and couch.
I'm like, are we mailing it to the person who is signing the lease, the business owner who might have a vested interest versus the hourly worker who's there after school and it's just like I you know, throw it in the trash?
Because that's that's a different way of communicating.
And I'm not saying you're doing something wrong, I'm just saying have we thought about this philosophically about how to reach them.
And you know, with uh Stephen and Heather in their economic development um shop and trying to get new businesses open.
Like, do we have sort of a uh a do's and don'ts of what what people can do when they're opening their business and what they need to check before they sign the lease.
I'm hearing crickets.
I can tell you that from uh a zoning standpoint.
Um when people come in for a permit, we advise people what signage is required, what their limitations are, and in my experience, telling both the business owner and the property owner is the best way of ensuring continuity because oftentimes the clerks, the hour employees, the turnover is so high.
Correct.
They'll get the message.
But by the time they're coming to you for a permit, they've already signed a lease or bought the property.
Right?
In some cases, some cases they don't, but even if they have signage is signage.
So regardless of whether you're a gourmet coffee shop or you're a convenience store, the signage regulations are the same.
No, no, my point is that that's correct.
The signage is a signage.
But if if they are investigating, like, does this make sense for me because I want to do X and I learned that I can't do X?
Um we've got some people who have already committed to the the real estate, and some people are just getting informed.
So if you've committed to the real estate and find out after the fact that, oh crap, nobody told me that um I can't do what I want to do here, and now they're stuck.
And that's where you get these stories of people who, you know, I wanted to do X, but the city told me I couldn't.
And that that is exactly the narrative we're trying to fix.
I I I think my tobacco analogy is pretty good.
Isn't I'm sorry, uh the alcohol analogy, hours of operation is pretty good, right?
At some point, yes, we have a complicated code, and we've worked on reducing the complexity of it.
But the code is the code.
Right?
Tom and Nick, if this would go to the Board of Adjustment or Special Magistrate, in your opinion, how would they rule?
They would look at each application uh fairly, but the person requesting the variance would have to establish a hardship.
Why is their particular entity why does their particular entity have a hardship and why do they need relief from the distance separation requirements?
But is a hardship a reason why it gets granted yes?
Right.
If I would just say, you know what, that's uh large percentage of my business and I didn't know the rule.
That likely would not be a hardship.
A hardship would be something that would be unique to the property.
And the property owner or the tenant would have to substantiate compliance with the hardship criteria in order for the Board of Adjustment to grant a variance.
How did we settle on the three years?
Why not two, one at one?
Why not one?
I believe the, if I recall correctly, the land use committee committee started at a lower number and then worked their way to three.
But there was a couple of different um proposals that were discussed, but three years seemed to be a reasonable amount.
So I'll put my cards on the table.
Maybe if this is something because I I think we are split here.
Right.
There's not a hardship.
It's not as if it was grandfathered in.
Mr.
Islam rightfully or wrongfully wasn't aware of what our zoning was.
Right?
So anything that we're granting here is essentially an extension of good faith and goodwill.
Three years is a long time.
Yeah.
Right?
We would sit here and say, let's give one year to essentially wind down, find a m you know, another way, another product to essentially supplement that income.
That is hardship relief.
Right?
That is me saying, you know what?
It it is incumbent on Mr.
Islam or any other tenant to be very familiar with the zoning, but he is a pillar of our community.
We're not going to do this for everybody, but he has a year to replace that income or find another direction for the business.
I'd be more comfortable than that.
Three years is a very long time, right?
That that is just and there's a new commission that's in and it just recycles.
Um if I was living in this neighborhood and I advocated for the distance separation, I wouldn't want this to be then lingering over for three years.
In fact, even one year probably doesn't present parity because this is only an exception being allowed for Mr.
Islam.
But that's easier for me to swallow doing one year than three.
I don't know if we want to take it.
Commissioner magazine, can we split it and uh do 18 months?
And then I just want to clarify, because it this exception is so that it levels the playing field for Mohammed Islam.
Right now he's not level.
So I've heard uh people say here on the day is uh well the then the playing field is not level.
It's not level to him uh right now, and that's why we're looking to make the exception.
Would it be considered to do 18 months?
Because one year uh might not be enough time for him to turn over a business.
I think I could be okay with that, but let me clarify that second point because I want to be sure that I'm understanding it, right?
I I get that okay, he may have different let's call it zoning than somebody that is right next to him because they were grandfathered in where Mr.
Islam was not, right?
So this is a new purchase of a business.
Um it would almost let's go back to the hours of operation for uh West Avenue, right?
Bodega has their grandfathered in.
But if they would sell that or they would somebody else would uh buy a new bar right next door, they would have the 2 a.m., correct?
So I I'd be willing to split that difference.
Um I do think we're kind of going above and beyond for one person because he is a pillar of our community.
Um however, we do want this usage or this ordinance implemented.
And I think two years is too long to just kind of leave the community uh there with this overhanging.
So if uh I I think on first reading I'd be okay splitting that difference at 18 months.
But let me let me if if if I can just to ask a question in that same line of thinking.
So you're saying that let's say Bodega sells and a new person comes in.
They would have to abide by 2 a.m.
is as instead of 5 p.m.
Or let's say right next door.
If somebody decided to build a bar right next door, I think that's a better analogy.
They would have to abide by 2 a.m.
Where bodega, because they're grandfathered in, they would get to continue operating until 5 a.m.
But if I bought uh Dunkin' Donuts and turned it into a bar, I would have to operate by 2 a.m., correct Tom?
Correct.
Yep.
But the problem is that here we're setting the precedent that you know we're gonna create exceptions to the policies that we pass.
That's that's that's that's my I mean people come to us with variances all day long.
That's uh it's this is not unusual.
This is a variance that's being requested.
We have a sunset.
Um I think we just need to uh make a decision.
And if I may, through the mayor.
Um I I think you know, part of the job of it that we all have is when issues get illuminated to us to try to find solutions, not just for the the um particular existing set of circumstances that elevated the issue, but also the fact that this is an issue means it's not just one person likely having this issue.
And so how do we find a longer term um solution that seems equitable?
And so I think this conversation has elevated that need.
I think it's a very legitimate need.
I know we've danced around at a planning board for years, and I think that um uh you know I it is a tiny part of the business.
It is sunset, and I would I would be okay.
I would be I would actually prefer a shorter sunset as well.
And at the same time with a separate item, let us collectively work on how to try to ensure that anybody trying to open a business here knows what they're able to do before they put money down on the table.
And I don't know what that is, it's not something we'll discuss here.
The other thing I want to say to you, uh, Mr.
Islam, is that I would like you to have to invite code to your store by the end of the week.
I don't know if Hernande's still here.
Have yep, have have somebody from Hernan's excellent team walk through your store with you and identify anything that is not up to code.
I don't care how emotionally attached you are, it will look lovely in your living room.
Okay.
Okay.
The store needs to look like a million bucks.
So you're gonna you're you know, you're getting grace extended to you to get out of the situation.
It is going to be a tiny p part of your business, so you should be able to replace it very easily.
And if you can't, that's not an us problem, that's a you problem.
And in the meanwhile, because it is a thorn in the side of the community, and I'm sorry, it just is.
Your job is to make that store look radiant and conform with our laws and make it look great.
Are we clear?
Yeah, it's okay.
But I have this question.
What happens?
So I just I just need to understand.
All right.
Let's say this gets passed today on first reading.
Comes back in second reading, you got your vote, and then you got 18 months.
What happens at the end of those 18 months when you no longer have the ability to sell tobacco and vape products?
We I'm going to watch I'm going to continuously follow these rules by 18 months.
If you see the uh I follow by rules and court.
Then you guys, if you want an extension, that's fine.
Then we can there is no challenge.
That's the that is exactly the issue.
There will be no issue.
There will be no extension.
That's my challenge.
I can say but that's what we've told you from the beginning.
Is you have to it's gonna be a different commission at that point.
Yeah, no, then lobby somebody it is harmful, but what do you know still uh uh but the fact of the matter is is that the other two businesses are allowed to by law, and yours isn't.
And so the reason why we are spending all this time talking about it is so that you have the time to either reimagine your business model or start the process to sell it now.
Not in 18 months.
There will be no extension.
Okay.
So I agree.
So but Mohammed, this is what we need to understand.
I agree.
At the end of the 18 months, because this is very serious what we're doing here.
What we're doing, we're doing something for you because we care about you.
And I want to really hats off to my colleague, Commissioner Dominguez, because I think we all care about you.
And and I feel like we're all in a very difficult position.
Because none of us want to vote against you.
You're our neighbor, you're our friend, you volunteer in the city, you dedicate so much time to try to do good stuff for the city.
So we want to help you.
And I and I really want to commend Commissioner Dominguez for for bringing this forward because she's also she wants to help the small business.
But you know, you need to understand that at the end at the end of the 18 months, you're not going to be able to continue this.
So is it even worth it for you to get this now if at the end of the 18 months you were planning to come get an extension that you're not gonna be able to get?
I got it.
I got it.
So there's the option is sell it.
Because no way to waste this time, because I don't make any money in why you should uh uh uh wait for long.
All right, well then the bottom line is we have I'm going to sell it.
So let's do this.
If it's clear that you're going to sell the business, exactly.
Let us give you a year to find a buyer and get out of it, and let's call it a day.
Okay.
16 months.
A year.
18 months, no?
18 months, okay.
A year.
You have to sell the business if that's your plan.
Okay.
It's not the pivot.
You can do that in a year.
Okay.
Eric, um, the city administration had recommended against us.
What's your what's the reasoning?
So I think we've been pretty consistent about trying to elevate the business community and try and get away from some of these deleterious uses.
I think you know, vape and tobacco is certainly not something that we're looking to proliferate across the city.
Yeah.
Again, it's tough because I I like you personally, uh Muhammad.
Um I'm gonna be a no vote.
I also I I also look at it, and I'm not sure it would change my vote, but again, when uh when uh someone comes in and buys a property, not everyone may know, and Tom, I've had people reach out to me and I say, hey, just talk to Tom, he'll tell you exactly what the law is.
And and you're an incredible, you're incredible resource.
I've actually even had people tell me, you know how much money you saved me that I didn't should tell that to the lobbyists here, but you do because you provide a service um and you're you're just giving people what the zoning laws are, which is which is it's complicated, it's complex.
Um so it's appreciated, obviously, you and and and Nick.
Um and here I feel like Muhammad, you own other businesses in the city.
It's like not someone who's not sophisticated.
I don't even know if that would change my mind.
A person has an obligation to know what the rules are as complicated as they are, but here in this situation, everyone knows, everyone knows you, and that's a good thing.
Um that that resource was available to to understand what what the zoning laws are.
And I just um I just feel like we're going down a little bit of a the wrong way here, especially since we've specifically had legislation going.
And sometimes it's hard.
We've had to make tough decisions that um that sometimes you know it's it's tough to say no, but at the in in the long term it's better for our city, and I I just don't think this is good for our city.
Can I ask a question?
Um You know, we talked about being good operators versus bad operators, and when you know nightclubs do stupid things like have brawls that cross four lanes of traffic, and we're like, we can't even do that, we can't shut them down uh without uh because it's not enough of a problem.
But we talk about people with violations getting no benefit of the doubt, and people with no violations getting the benefit of the doubt.
And where is this business?
Where's this property?
I believe the address is 6638 columns out.
No, no, no, I didn't mean that.
I know where it is physically.
I I'm presuming I'm presuming that we're having this conversation because there are no property violations, there are no code violations other than the signs which can be taken care of in 24 hours.
I'm not aware of any violations at this property.
No.
There is no violation.
Uh there is no violation.
Muhammad, let me ask you something.
Because again, this is something that we're trying to get away from.
Your preference would be to keep just to keep your business, is that correct?
That would be all okay.
Your preference would be to keep your business.
But because of the change because of the policy, you're saying I'm not going to keep the business, I'm going to sell it.
Wouldn't it be better for you to find for us to help you find other opportunities of other ways that you could use the space, this business long term, sit down with you creatively and see, okay, what are the uses that are consistent with the zoning code so that you could activate that?
Because what we're looking for is okay, you own the space.
You're looking to keep the space active, but you're asking to do something that's not not allowed in the code for a very one short period of time, and then and then you either ask us for an extension or you sell it, and you're hearing from us.
We don't want to have to be in a situation where we give you an extension.
Why don't we instead sit down and find what are other uses that you can transition into so that you can keep the space active, but it aligns with what our code allows you to do.
Are you open to other things that you could do besides selling uh vape and and tobacco?
Uh actually I'm involved with the real estate business.
I have two property in Miami Beach.
Uh I this is only I invest with this uh, you know, as a partner.
So we work uh like uh do something.
I used to have a three business in Miami Beach.
Uh I'm here in 31 years.
I was about to tell you about the uh uh the uh condition of traffic because I'm civil engineer all my life.
I work a lot of things.
I have a lot of ideas, so I'm going to today I have no time at another appointment.
I cannot attend.
I spoke with uh Mr.
Maul.
So I get to go.
Uh but anyway, this is a good decision.
I I'm not gonna continue until you know uh time is over, then uh gonna sell it.
I I have a question.
Tom, would a yoga studio be permitted in that space?
Yes.
Okay.
There's a no uh a yoga studio a couple of blocks away that was just shut down because a business partner decided to that the business was harder than they thought and stop paying rent.
The other business owner is looking to find a new space.
You want to get out of your business, but you have a retail space.
Why don't you sit down with the owner of this business that is looking for a retail space?
You clear it out, it's a permitted use, you get your rent, she gets a space for her business, everybody wins.
It's a much better use.
That's a good idea, but uh let's see.
Let's see, I gene one.
Well, but I I'm not sure.
I'm not sure you have the votes right now.
So I'm I'm suggesting maybe you know, and it even if it's uh it's first reading or second reading?
First reading, right?
First reading.
So, you know, maybe we pass it with uh one year for first reading.
You go out between now and second reading and see if you can make the steel work and and maybe that gives everybody the room they need.
I don't know.
I I we're all trying to find a way to make things better without doing damage and setting terrible precedents.
But I know there's a business actively looking for affordable rent around the corner from you.
And that to me seems like a no-brainer.
You own the actual space, Muhammad.
No, I don't want the space.
You don't own the space.
There's the rental space.
What's the name of the uh business?
Is it Haka?
Uh it's called uh Dhaka, capital of Bangladesh, Dhaka store or something.
That's that's the name going forward?
Wait, but so I'm really confused.
If you don't own the space, then uh I mean it's just a matter of vacating the lease, no?
I'm really busy with my own property and other issues.
Can you stand by the mic, Mohammed?
Uh I'm sorry, I have to do that.
I'm really busy with my property and other issues, but basically it is a time measure.
Always have to be spend time, you know, grocery business.
I used to do a lot of business, but still our family business, six, seven business in Miami Beach area.
Big business in the ML market.
In South Beach, there is a lot of meridian supermarket, and uh other lot of six market we have it.
My uncle, my cousin.
So all of that involved with this business.
And what percentage of revenue are your tobacco sales of your total sales?
Second?
What percentage of your total sales are usually tobacco?
Easily uh the concept of the small business with the tobacco and alcohol.
Tobacco, the customer by shopping something, uh soda, some alcohol, they're supposed to uh ask for the cigarette.
I'm surprised the next door to me, there is a cloth store.
They have is they're selling tobacco.
I don't know how it is possible.
They that's not the winning argument, right?
They were grandfathered in, and this is a new business.
Okay.
This is a new business.
Right.
When they shut down, they're not going to be able to go to another store right next door to you and start again.
Right?
So yes, it's a comparison of apples to oranges.
Right?
If you were there 10 years ago, this wouldn't be impacting you.
No, right?
But you're a new business, and and with all due respect, you didn't do the proper due diligence leading up to buying this business that you should have done.
But we're sitting up here really, really working hard to try and extend you an olive branch, right?
So what percentage of your total sales are tobacco sales?
Uh you're talking about now?
Yes.
So without tobacco?
You can believe 300, 350 par day.
But uh of your total sales, what percentages tobacco?
Tobacco sale, because uh we don't have those, oh we don't sell tobacco, but if we start selling tobacco, that could be increased like a to uh like a 20 percent more so you're not even selling tobacco at this point, but you're asking for an exception to do so?
Yeah.
Uh actually I I'm a little bit confused about the uh your question about the how how much I sell in tobacco.
That's your question.
Yes.
Uh if it is selling tobacco, it could be 25 percent more, we can sell it.
So you're already operating.
And you're not selling tobacco.
No.
You're just asking for the colour.
I selling alcohol, I send in all other stuff.
But that's not part of the ordinance.
We don't have uh alcohol restriction or things.
Correct.
We're just talking about this tobacco there.
So we're actually being asked to allow him to start selling something he's not even currently doing.
Because he thought he could, and then he found out after he's are you able to make your rent payments right now as is as easy, yeah.
That's why it's very hard.
Even I cannot uh pay the uh employee cost, you know, everything is expensive.
Uh beside that, I have to pay rent, I have to pay employee cost, I have to subsidize for my pocket, you know.
But but that's being a business owner.
Like we're not responsible.
And I I I'm not trying to be a jerk, but I I mean business we we can't control the cost of goods sold.
We can't control the the salaries that you pay people.
We can't control the market conditions.
What we can control is what is permitted to be sold.
So the question is if you are running uh an operational business that is viable and profitable with the current configuration, it's not as profitable as it could have been had this use been permitted.
I understand that, but that's that's not uh that's not um I know it's expensive right now to run a business.
Everyone is suffering.
And and so the question is what can you do within what is permissible to generate more revenue?
I mean, is it bringing in ho, you know, great Bangladeshi food that I God knows you can't find a decent Indian meal anywhere in this city, so that would be great.
I don't know if that's permitted.
So I like this food.
Let's let's try to wrap this up.
I I gotta I'm just gonna be frank.
I I didn't like this item to begin with, which I said I like it less now than I did when I started.
Um I I'm gonna vote no, but I would ask my if it does pass, I would ask that this be tied to Mohammed.
I'm I'm a little concerned whether you're even gonna continue to control this property if we make this change.
I don't want it starting to change into somebody's house.
You don't even own the property.
Um then they come back and they ask us for an extension, and then it's a different commission that might grant the extension.
Well, it's also I feel like and I don't want to speak for my colleagues, but I get the sense I'm sorry, I I get the sense that there's if there's an appetite to do this, again, not uh I I I've said where my vote's gonna be, but it's it's because of Muhammad's running the business, but what if Mohammed's not running the business?
Uh then I think we have to put a condition in there.
But uh either way, um I'm and and mayor, the challenge with any condition that's tied to an individual operator or owner is we don't necessarily know if a business or property changes hand, so that could be difficult to enforce.
Yeah, in fact how I envision this is you have one year to essentially either reimagine your business and start selling Bangladeshi food or cupcakes or whatever it may be.
It's not gonna be sorry to interrupt you, Commissioner.
Because it's the beach area.
The people love to get it uh some product, the American product, uh grocery product.
And uh besides the soda, uh the then the other thing is alcohol.
There's the most selling product.
But you can sell those in your store.
You can sell that in your store.
Yeah, I can sell it, but we we have a different uh in uh not big business, we have a store.
Uh we're selling uh product, yeah.
Alal, say halal like a kosher, halal food, and uh we have a very good uh product.
People love this food.
Yeah, whatever it is that you find a way to supplement your revenue.
Uh-huh.
You have 12 months to do so, or you sell the business to an operator that knows the parameters that are in place and they're confident that they're able to do so.
This exception doesn't flow through after 12 months.
Okay.
I I can sign up for 12 months on first reading.
I I can't promise you I'm there for you on second reading, but I at least want to give you some time to talk to my other colleagues, some time for me to think about this.
So time to reach out to the North Beach yoga people and see if you can find a solution that works for everybody.
So I'm I'll make a motion.
I know we talked about splitting it in the middle, but I I I think we just have a different mentality about what this extension is for.
It's not to provide you this long runway to just keep doing status quo.
So I'm going to make a motion that you have this for one year and then it expires.
But with the caveat that this is first reading, and I can't promise you that I'm going to be there for you on second reading.
And and I would I would add to that if I might that it is contingent on its second reading.
Um even being up for consideration that your store complies with all the signage uh parameters.
No blinking signs, no vape signs, nothing like cleaned up.
There are awning issues.
I want it to be whistle clean from a code perspective.
Yeah, any code violation in those 12 months renders this null and void.
Okay.
I will try my level best to follow a court and um and operate the business in properly.
And and text me your address.
I I'd like to support it while I'm in the neighborhood just from my own private standpoint.
No, it did not vape usages.
And they're most welcome many times.
I'm down for Bangladesh.
I have a motion by Commissioner Magazine as amended.
Commissioner Dominguez, are you okay seconding?
Yes.
Okay.
It is a public hearing.
I see no one on Zoom, and I see no one else on uh the day is uh the chambers requesting to speak.
Uh motion by Commissioner Magazine, second by Commissioner Dominguez has amended.
Uh Commissioner Mattel Salinas.
Yes.
Commissioner Bott.
Yes.
Commissioner Suarez.
Commissioner Fernandez.
Commissioner Magazine.
Yes.
Yes.
Air minor.
Oh.
So it is approved at first reading as amended 6.1.
Uh the motion is uh the amendments are one year expiration and free of code violations for that that one year period.
Can I say one more thing?
I'm sorry.
Can I answer truth?
Yeah, but I we we just voted on the items.
No, I know, but but before you leave, uh Mohammed, you said I will do my level best to try to operate my business within code.
That's no try.
You either do or you don't.
Okay, I will you know why I'm gonna I can't.
If if that is that what he said I can use the language barrier, yeah.
Okay.
Yeah, let I think we'll there's gonna be a second reading, so we we can rehash some of these issues there.
Uh we voted.
So Muhammad Thank you.
So I got tired, you know, standing position.
You got it, you got it.
But you know, it's coming back for a second reading.
So there's the next month we're gonna hear this again.
Uh-huh.
Let me get you down.
So we'll have up the so it's not a final approval, but you got past the first step.
Second reading is May 20th.
Say again?
May 20th is a second reading.
Yeah.
So as of now, no, until the second.
Correct.
Correct.
It's not it's not official yet.
An ordinance like this has to be heard twice, the commission and voted on twice.
Okay.
I have experience.
Okay, thank you.
Uh I would like to say something about the not bus traffic concession.
I have a lot of idea.
I'm going to prepare some articles, how we can resolve this issue as an engineer.
I'm going to do some preparation for traffic congestion and uh uh uh like a 71st estate uh the corner.
This is very dangerous.
So people wait and wait.
Are we gonna we I'm going to prepare some paperworks, okay?
Okay.
Thank you.
Thank you, everybody.
Thank you.
With neighbors like you, who needs enemies?
Okay, let's call uh R5N.
R5 N is an ordinance of the mayor of City Commissioner of City by Beach Florida amending chapter 82 of the mighty read city code entitled Public Property by Abending Article 3 and titled use of public property by amending division one and titled generally by amending section 82-74.
They're up and plastic related or metallicized decorations prohibited at public marinas, marine facilities, parks, and beaches, in order to clarify applicable restrictions on the possession and use of decorations in outdoor public settings and providing for repealer servability, codification, and an effective date.
This is a second reading public hearing.
It is item R5 and I move the item.
Second.
Amy, could you just quickly tell us again what this is?
And on earth that I know of all times.
It's clean up language on a hospital.
Sure.
I'm Mr.
Mary be happy to Amy Knowles, Chief Resilience Officer, and Happy Earth Day.
This is an excellent item.
The second reading to make sure that we're not using you know consumable and plastic items that can cause a lot of litter and that we can have reusables and it's excellent for our events and for our environment.
We sell vape at the bounce houses.
Excuse me.
Sell vape at the bounce houses?
Absolutely not.
Okay.
So and and the reason why we're doing this, we had originally passed the original ordinance banning plastic and metabolized decorations on public property.
But what we didn't realize is that the unintentional that we unintentionally banned decorations that were never meant to be targeted, uh, including those used by local organizations and cultural events.
Um so this just it's a fix.
It's it's just a fix to correct something that was done unintentionally.
So the policy was already established.
This is just cleanup language.
Is this it?
Yeah, no.
This was in March or the item.
Sorry, Mayor.
March reading.
One second, please.
I'm just looking something up from the last um the last vote because you know you brought up I I I've been having some concerns about these unintended consequences, which you just highlighted.
Umarez famously said there are no such thing as unintended consequences.
R5 minutes.
I couldn't resist.
No, I don't know you happen to know.
When was first reading on this?
I don't have it in the reading.
If you can't find it at Ralph, don't worry, we'll let me try one more time and see if it's a long agenda.
While we're waiting, um, we have a time certain for the uh DRB appeal.
Is everyone here for that?
Yes.
The vote was 7-0.
Okay.
Okay, let's take the vote.
I have motion by Commissioner Fernandez, seconded by Commissioner Bott.
Commissioner Suarez.
Yes.
Yes.
Commissioner Fernandez.
Yes.
Commissioner Mateo Salinas.
Yes.
Commissioner Magazine.
Yes.
Commissioner Baugh.
Yes.
Mayor Minor.
Yes.
Motion carries.
This is second reading.
The item is approved.
That was item R5 and called R9E.
R9E is DRB appeal number 25-11045685, followed by Mr.
Gunde.
Okay.
Good afternoon, Mayor and Commissioners.
This is an appeal of a design review board approval, much like you heard last month for the construction of a new clubhouse and campus improvements at Lagourse Country Club at 5685 Alton Road.
The appeal was filed by Honor Gunde, the owner of a single-family residence to the west of the club at 5767 Alton Road.
Because this is an appeal of the decision of the DRB on a specific property, your decision has to be based on the record before the DRB, and no new evidence or testimony can be taken.
So today we're only going to hear from argument of uh from counsel to the parties.
Um under the code, the commission can only reverse remand or modify a decision of the design review board if the commission finds on a 5-7th vote that the board either failed to provide procedural due process, failed to base its decision on competent substantial evidence, or fail to observe the essential requirements of law.
Consistent with other appeals that have been heard by the city commission, the petitioner will have 10 minutes to present uh his oral argument, then the city and the Lagorsk Country Club will split their 10 minutes for the respondents, and the petitioner will have an opportunity to present rebuttal.
Following argument of the of the parties, the commission can deliberate and then and then take a vote.
Again, to modify reverse or remand, you need a five-seventh vote to affirm you only need a majority.
I think we usually allow two minutes for rebuttal.
Okay.
I just want to be clear about that number is.
That's fine.
And since this is a uh quase judicial proceeding, I'll I'll ask uh counsel if I can place you under oath.
Do you swear from the testimony you'll give in this proceeding is the truth, the whole truth, and nothing but the truth?
I do.
Thank you.
Is that for everyone?
Well, we're only gonna hear from attorneys today.
Since this is if you have to be your decision has to be made based on the record before the DRB.
So we won't ask the applicant or the petitioner.
Since the since we don't mind swearing anyway, but there's not going to talk.
So he swore as well.
I could do the rebuttal.
Okay, so so um Mr.
Brooks, if you're ready, we'll set the clock for 10 minutes.
Thanks, Nick.
I handed you um paper copy of the appeal uh so that each of the commissioners can have that in front of them.
I know you have a probably an iPad or something, but the volume of paper that you have on your agendas is is incredible.
So I wanted to make it easy for us.
Um my name is attorney Ralph Brooks, and I'm board certified in city county local government law.
Um I serve as city attorney uh for a number of cities, St.
Pete Beach, Treasure Island, the City of Naples across Alligator Alley, um, a few others, Bradenton Beach, and I was the land use litigation lawyer for Monroe County, which is the Florida Keys.
And I've been board certified in City County local government law since 2014, which is now 12 years of tomorrow.
We'll be going to the uh the CLE in uh Hollywood.
Um I tell you this just so that you know that I sit with cities and I sit in that chair over there.
Um so I'm gonna try to um first um set the three things that we're gonna argue in front of you, and then also offer you um some alternatives um first of all, we're here to um challenge.
If you look at the uh the appeal on page uh two or even blown up on page five is actually better.
You'll see that there's four new Pedell structures that are being placed as part of La Gorse Country Club uh redevelopment.
Um these this is in an area that just has grass right now.
There is a uh portable golf performance uh structure, but it's a tensile structure and it's on wheels, so there's no no structure there behind its house currently.
So the reason why we are appealing this is because Padell is not listed as an allowable use in GC, the golf course.
So I think you talked earlier about doing it maybe a text amendment and a first reading and a second reading.
If you're gonna add a use to a zoning district, you have to add the use to the list of allowable uses.
You do that by amending the text of your zoning code.
You can't just ignore it.
Um you can't say that a pedel structure is just the same thing as a tennis court because it's not um a pickleball, they might restripe the lines, use different paddles, and use a different ball, but for pedell, it's different.
You have to have a foundation of concrete, sand, and then astro turf, and then you have four walls.
The walls are glass or plexiglass, and they're have metal poles that hold this up.
And the reason that's important and it's different from tennis, is because you play off the walls, similar to racquetball or handball that I grew up with or squash.
It's a structure that you play within.
It doesn't have a roof, granted, uh, but because the balls in Pedel go high.
They have lights um that go high, and they're proposed to use these Pedel courts till 10 o'clock at night, which is 20 feet behind my client's historic home.
His house was built in 1936 by architect Robert E.
Collins, who did the cameo theater, he's a famous architect in in Miami Beach.
So, first of all, it's not listed as an allowable use in GC, so it's not allowed.
It's not similar to a tennis court.
Um, and the code doesn't even say you're allowed to have similar uses to a tennis court, you're only allowed to have things that are associated with a golf course, customarily associated with the main permitted use of a golf course.
Well, not every golf course, most golf courses don't have pedel courts.
Um in this location is the second problem, it's 20 feet from my property boundary or my client's property boundary.
That's too close because of the noise of playing the pedel off the walls.
Um it's too close because of the light, and it's too close because people shout and get excited in pickleball and in Padell when you miss a shot or you make a shot, it's a social game, so you you get happy or you get sad.
Um and it's loud.
And then the third thing is our reference or city attorney.
Are we technically opining on the validity of this?
If uh Padel Court is associated with the golf course or not.
What are we essentially even allowed to rule a clock?
Right.
So that so the question before you is whether the board's decision was supported by competent substantial evidence, whether the board followed the essential requirements of law, meaning, did the board uh follow the correct law?
Did the board follow the review criteria that applies to the DRB and any other uh applicable provision of the of the LDRs?
And thirdly, whether the board provided procedural due process.
Yep.
So the first one that we raised is the um section of the code uh for 142-392 land development code lists the permitted uses of a golf course, and it says our golf courses, comma, tennis courts, comma, clubhouses, and those uses normally associated with a golf course.
And it does not list PEDL, and PEDEL's not normally associated with a golf course, and it's not the same thing as a tennis court, it's a PDL structure.
The second thing is the setback requirement.
Um yards on a golf course, abutting a single family home, you need at least 75 feet from the property line for a structure.
This Padell has four walls on it made out of glass, it's not a tennis court.
Um granted it doesn't have a roof, but it shouldn't be located 20 feet from my client's property line.
Um, and all other yards that says the setback on a golf course shall be 170 feet from their property line.
That's important because you'll see a restroom and a golf performance center, and that's only 151 feet from my client's property line.
So that doesn't meet the 170 feet.
And then third, they don't meet the criteria that design review board reviews for the design locational criteria on surrounding properties.
So you have design criteria, and you would think, oh, that applies to the architecture of the building.
But your design criteria actually talks about compatibility with surrounding properties, and it doesn't meet F.
Um, it's uh section 2.5.3.1, and this is in the appeal on page seven.
Um, and that's also listed in the appeal later on to explain which ones it doesn't meet.
But the criteria are on seven that you'll be evaluating.
So first you have to determine is it an allowable use in golf course?
It's not a golf course, it's not a tennis court, and it's not customarily associated.
So the legal analysis is it's not allowable use.
The second thing is it doesn't meet the setback, it's only 20 feet away, not 75 feet away.
The restroom and golf performance center are also going to block the views, and those are supposed to be at least 175, and it's only 151.
And then the third criteria in the code are these F, G, I, L, and O.
You have to design the proposed structure modification to be sensitive and compatible with adjacent structures, which they didn't do for the Padel.
We're not complaining about the golf course building, we're not complaining about the parking lot.
In fact, we would prefer parking behind us rather than having a Padel court from eight in the morning until 10 at night with the lights and associated noise.
It's not an appropriate location.
Um G, you're supposed to look at particular attention shall be given to the relationship to the surrounding neighborhood and the impact on contiguous and adjacent buildings.
That's my client, 20 feet away.
It's going to have an impact on his pool, his backyard, he's going to be able to hear it from his master and secondary bedroom, which are located on the second floor.
The lights will be shining right in there.
Um, which brings me to I.
Lighting shall be reviewed to minimize glare on adjacent properties.
They deferred the lighting plan for the Pedel courts.
They said you'll submit a lighting plan when you submit a building permit.
That's too late.
That's after the public hearings.
So we don't have a chance to review that.
And the lighting plan wasn't submitted.
It says that the lights will shine down on the court, but doesn't say how tall they are, and for how, and there's no guarantee that it won't shine on our property, it doesn't say that.
Um the proposed structure is an orientation which is sensitive to and compatible with the surrounding area, and which maintains important view corridors.
So we have important view corridor there right now, it looks over the Lagourse Golf Course.
This historic home has been there since 1936.
Um the home is is worth lots of money.
And if you put four Pedal courts behind it, you're going to impact that property value, but more importantly, you're going to make it less enjoyable and disturb the quiet enjoyment of my client in his home.
And it also says that oh, there must be designed sited, that means located, in a manner which is sensitive to and compatible with existing development.
We're an existing surrounding use.
So for those three reasons, we ask that you deny these paddle ball courts.
So you modify the approval to remove Padel because PDEL structures are not an allowable use in the GC zoning category.
They're built too close at 20 feet.
They don't meet the setback requirements, and they don't meet the design criteria for surrounding properties.
So those are the main arguments that we have before you.
And we would we would not ask you to deny the entire Lagourse golf course.
We realize that's an important thing.
Just to deny this additional use, these four new PADEL courts.
And to move the golf performance center restroom, uh, either in another location, which is preferred, but at least meet the 175 foot foot step act.
Now in 2004, I know we we were 22 years younger than we are now.
Um some of us might not have lived on Miami Beach, but LaGorse and Miami Beach, the city had a fight over fencing.
They wanted to put up a fence that would block the neighbor's view of the golf course.
And there was a code section that prohibited fences of that height.
Um this the golf course sued the city.
They reached a settlement in that case between the city and Lagorse, and McGorse promised not to build fences that tall and not to obstruct the views and not to place things beyond on the properties beyond the houses that were there, not in the backyards.
We ask you to live up to that.
Thank you.
Okay, I guess it's my turn.
Uh uh good to see everyone again, Graham Penn 200 Southwis King Boulevard.
Um, here representing Lagorse.
I'm going to share this presentation with Mr.
Alexander from the city attorney's office as such, but I'm going to try to focus most of our discussion on in response direct response to what Mr.
Brooks provided.
Uh, first off, uh, those of you who are obviously here this morning, Mr.
Gunday appeared at Sutnik, he handed uh something out to you which I haven't seen.
Um and I would repeat what Mr.
Killer just noted that the what your decision today is based on the record that was in front of the DRB.
It's not you're not taking evidence, you're not making new decisions about uh whether or not you would make that same decision.
Um the and and we believe it's clear, and the record supports it, that the board provided due process, observed the essential requirements of the law, and had substantial competent evidence in front of you, in front of it when it made its decision.
That's the only inquiry that's before you.
The uh first off, I'd like to remind you all that Mr.
Gundai never appeared in front of the DRB.
Um, so under the Florida law, arguably every substantive claim that he's raised has been waived because he didn't appear.
He can't you can't complain about a decision made by a quasi judicial board if you don't show up and present something to them and ask them to decide in your way.
Because that is one of the three criteria list, correct?
Correct.
So is that correct that you can't show up?
I don't say post-mortem, but essentially after a hearing has already occurred and register a complaint if you weren't there for the original.
Well, I think first of all, I would I would recommend that the commission allow the attorneys for the for the uh for the respondents, which include you know the city attorney's office will um Justin from our office will will present after Mr.
Penn does.
Um, but and then I can I can answer any questions the board may have after the attorneys uh finish their argument.
Yeah, and Commissioner, I what we're we're fully responding to every one of their arguments, right?
I'm not relying on the fact that they waived it, right?
But under Florida law, they more importantly, and we discussed this when we discussed the last appeal.
You are not redeciding this application, right?
You the only thing you are determining is not, hey, if I was on the DRB, what would be my decision?
The only question is not whether it's the right decision, but if it's a legal decision, and that's why you have those three criteria, right?
Do process essential requirements of the law, the evidence.
And again, this the record supports consistency with all three of them for this unanimous approval by the by the by the DRB.
I want to touch because Mr.
Brooks focused on it on a couple of things related to the essential requirements of the law.
The two first the two first arguments you made about the use itself and the setbacks.
Those are cannot be considered by this commission because they could not be considered by the DRB.
The DRB has no authority to review, opine, decide on the resiliency code, the with the terms of the resiliency code, whether a paddle court is consistent with GC or not, whether a paddle court is got the same setback as a tennis court.
That decision is the planning director's decision pursuant to the resiliency code.
So they could not have made a decision in this case based on those arguments if they were brought to them.
So those two arguments are irrelevant.
They were not within the scope of what the DRB does.
The DRB has a specific list of criteria that they apply.
That doesn't include it, right?
That is a that the determination of consistency with zoning is a planning department decision.
The uh briefly, the the discussion that Mr.
Gundai might be losing portions of his rear view of my property and over my property.
Florida law has been consistent for the last 65 years that there is no right to a view over someone else's land, period.
So that cannot be a legal basis to uh support any kind of challenge to this uh approval at all legally.
So let's talk a little bit about the compatibility.
Uh Mr.
Brooks noted that, in their opinion, the the DRB did not spend enough time considering the compatibility of the courts with the adjacent properties.
That's not supported by the the transcript, that's not supported by the record.
You see a lengthy discussion in the transcript about the location of the paddle courts, the buffering of the paddle courts, how they're how the time uh the time of day allowed on the paddle courts, the lighting, etc.
And there are three specific conditions in this order that directly control the paddle courts, right?
They require a solid uh solid barrier.
There that has to be we can pick a wall, it's got to be landscape.
There's already 12 trees in front of them between us and our adjacent properties.
Lighting cannot project off of them, and we have hours of operation for this, right?
That the the board clearly considered that issue.
So the idea that they're somehow ignoring compatibility of the paddle courts, it was a big part of this hearing, and the record supports it.
And that is all the law asks us to do.
They are required to review their code and make their determination.
And it is not, you know, candidly, it is not this commission's job to decide that they made the wrong decision from a factual point of view.
So with that, let me, I'm running out of time for my half.
I'll give uh Mr.
Alexander his chance.
Thank you.
Good afternoon, honorable mayor and commissioners, Justin Alexander, assistant city attorney on behalf of the design review board.
The DRB respectfully requests that you affirm its order approving the design application for Legourse Country Club because the DRB afforded proceed a procedural due process to the petitioner, Mr.
Gundai.
This is so for two reasons.
First, Mr.
Gundai's requested notice standard would be administratively unworkable and is not required by the law of due process.
And second, the city complied with the notice requirements set forth in section 2241 of the resiliency code.
So to state it in practical terms, what Mr.
Gundai's notice standard would mean is that staff from the planning department and the city clerk's office would have to verify that every property owner in the notice radius, which under the code is 375 feet of the external boundaries of the subject property.
So for every one of those property owners, uh they would have to verify receipt of uh the public hearing notice.
And this is administratively unworkable from a cost and time standpoint.
To put it in perspective for this project, there were 480 property owners within the notice radius.
Um, and that has to do a lot with the fact that this was a large notice radius.
It took up the entire Lavorus Golf course, but you can envision a project and uh outside of a single family district and South of Fifth, for instance, where you could potentially have thousands of individual property owners uh for which notice receipt of notice would need to be verified.
And the law of due process simply does not require that level of uh of confirmation of receipt of notice for a quasi-judicial hearing.
And furthermore, the resiliency code follows a a a belt and suspenders approach to providing public hearing notice.
There are three forms of notice required to be provided under section 2241.
The first is the 30-day mailed notice to all the property owners lying within 375 feet.
The second is the posted notice on the property, and it's not it's not a small notice, it's it's a conspicuous notice.
That is the legal term of art.
So it's on as as you can see on um pages 12 and 14 of the respondents' appendix.
It's a large red piece of paper with large bold type that says notice, and it provides information about the subject matter of the hearing, the location, and the the date and time.
And the third is that the notice must be published on the Miami Dade County hosted notice website.
Uh and through all three of these forms of notice, all three of which were complied with in this case, as noted on pages five through fourteen of our appendix.
Um the the notice is designed to ensure that all affected property owners receive notice of the depending land use sport hearing.
Uh and and that it's it's highly likely that that all of the property owners will see the notice through one of those three means.
Um and here it's important to note that the petitioner lives next door to the project, and in all likelihood would have seen the uh the red notice uh the posted notice, even if he hadn't received the mailed notice, which uh his name and address are correctly printed on the mailing labels included in the record before you uh which is is sufficient evidence to infer that notice was was properly given.
So the requester we the requested notice standard would represent an administrative impossibility and and an extreme uh burden as to cost and time, and because the city fully complied with the notice requirements set forth in the resiliency code, the DRB respectfully requests that you affirm its order approving the design because due process of law was afforded.
Thank you.
I'll suck up the last 50 seconds because I can't shut up.
The record clearly shows that this was a careful decision by the board, consistent with a codified criteria based on substantial competent evidence.
And that is all the law requires, right?
The the bottom line for this commission, again, it's not whether you would have made the same decision, but did they comply with the due process?
They applied the correct code, and did they have sufficient evidence in front of them?
The answer to all three of those criteria is yes.
So we would ask you to uphold the unanimous approval of the DRB at this point.
And of course, we're here if you have any questions.
What about what about the elegant and Mr.
Brooks will give you a couple minutes for rebuttal?
Thank you very much.
They referenced page 13 and 14 from the appendix for the notice.
Just pass this to Council.
I can I can pass it, I'd like you on record.
Sure.
Yeah.
It's a red eight and a half by 11 sheet of paper that's taped to a telephone pole.
And when you're driving by Alton Road at the speeds that people drive on Alton Road, even if you're going the 30 miles an hour, you're not going to see what that says.
They should have reached out to us.
There's not thousands of owners.
The country club should have reached out to us because they were putting four paddle bowl courts structures right behind our house.
But they probably thought we'd object, so they didn't do that.
The look the design criteria includes location, locational design criteria.
Putting these four courts with the glare and structure behind their house only 20 feet away, ignores the situational requirements that are read earlier.
The hours are too late.
Start up 20 feet from the house at 8 in the morning.
I'm usually up by 8, but not everybody.
10 o'clock, I am now 60 years old, and I go to bed at like 7:30 or 8 o'clock.
Not 10 anymore when I was a young man at the University of Miami.
Um there's no competent substantial evidence about a lighting plan.
They said they submit a lighting plan later.
The conditions about putting a wall make it even worse for my client.
You can't see the golf course at all with 12-foot wall and the landscaping.
I mean, he likes he's got this view since 1936 across the golf course.
Now we're taking that view away by not only putting Padel courts but now putting a 12-foot wall and putting plexiglass around the courts is something that Padel courts have anyway, so it doesn't, it's not an extra condition to control noise.
In fact, it makes it noisier.
Thank you.
I make a motion to uphold the uh DRB rolling.
I mean, I have a couple questions.
Okay, sure.
Like one of the main um complaints we get besides traffic is noise.
And we're trying to.
So the DRB when they're looking at these proposals, they don't take into effect noise, and I think one of the attorneys said, because having something 20 feet from your backyard seems extremely close, but that's not what the DRB was looking at.
And I think one of the attorneys said, because having something 20 feet from your backyard seems extremely close, but that's not what the DRB was looking at.
Who who would have approved something like that?
So generally and that's a good question.
Generally, the the DRB is tasked with reviewing the design of a proposed development.
In this case, the DRB included some conditions that were intended to mitigate other impacts of the proposed improvements like the hours, the uh the fencing, um, and the the design of that of that set by setback wall around the Pedal courts.
Um but uh it you know this particular application um was only required design review board approval, right?
It wasn't it it didn't require planning board approval.
So um that said, the club will be subject to the noise ordinance like any other property would um regardless of whether you know noise conditions were included in the in the order.
So some of the some of the allegations was also that you can't have a paddle court in a golf course.
Well did was that addressed?
Because I was kind of in the in and out of the bathroom.
From our part of view, yeah, we I did discuss it.
It's very exciting.
The bottom line is the DRB is has no authority over determining whether the the zone what the zoning code says, right?
So for the use for the setback, that's determined by the planning director.
So that issue can could not legally even be in front of the DRB for them to review.
So you so you cannot be challenged on that determination because they can't make that determination.
Planning director determined paddle use is appropriate, and the setback is the same as the tennis court.
That's the that's the that's how it got to hearing, right?
And so the the actual zoning, the consistency with the zoning will be reviewed again at the time of building permit.
It's not within the purview of the DRB to opine on the consistency with zoning.
So that's why it's irrelevant to this discussion today.
Okay, so I I just want to ask Justin.
Oh he yeah, he wants to respond also on that.
Um you as the city council or city commission, uh the ultimate land use authority within the city of Miami Beach.
Um I know the DRB cannot make these type of things, but certainly you have the power to say no to a use that's not listed in the zoning district.
It's for you to decide.
Um otherwise, where do we go?
We only go to court and we don't want to go to court, we don't want to see you when you haven't even made the decision.
You should make a decision whether Pedell is the same as a tennis court, whether it's allowed in the GC district is clearly not listed, and it's clearly not the same.
Well, but uh from from how I see it, the question is whether the DRB applied, applied uh the correct standards under under the code, and in the context of the GC zoning district, would it be fair to say, Justin, um that recreational uses like tennis courts and Padel courts are anticipated as part of a golf course property?
So that that determination is made administratively.
What what what by whom?
By by the planning director.
Um but what was the planning director's determination administratively?
The planning director determined that that that would be that the Pedal Court would be an accessory use within that within that district.
So so in the context of a GC zoning district, it's it is within the context of what's allowed here.
Yes.
Okay.
Um and and the because it was it was said that we're the ultimate decision makers on that.
The the decision maker on that is the planning department, the the uh the planning director.
He is the decision maker on that.
And he issues an independence, an independent determination, zoning determination.
And based on that, the DRB uh reviews these applications and and comes to comes with these determinations.
Correct.
And and the the what the DRB is applying are the design review criteria in 251 of the resiliency code.
And going specifically to to the role of the DRB, did the DRB specifically evaluate the placement of these scores relative to the adjacent property uh as part of its review?
Yes, there's competent substantial evidence in the record that the DRB considered uh context and they even included conditions like the site wall that Mr.
Penn mentioned in in reaching a finding that it it was, I believe it's uh uh criterion G of 2531.
And that type of buffering was part of the elements of what the DRB relied on uh to determine compatibility with the surrounding area?
Yes.
Okay.
And you know, as it relates to setbacks, one are because that's that's what I see.
That's a lot of you know, a big part of this of this appeal are are setbacks.
Uh and so and so to me that's that's a core concern that's that's raised here.
Can you clarify for the record what are what setback is required uh under the code?
I'm I'm being looked at.
The the courts in every district have a and Mr.
Mooney can tell me I'm wrong, or seven and a half feet setback from the property line.
So seven and a half feet.
And what what setback is actually being provided between the Padel courts and the shared property line in this case?
So seven feet is required under the code and twenty uh is required.
So just to be clear, uh the project is not only meeting the required setbacks, it's actually exceeding the required setbacks by by a significant margin.
But that's setback between houses, correct?
But between residential properties.
It's a setback between the property line and a and a court soor.
Yes, Commissioner Bond.
Thank you.
So I think um the biggest issue for me is there twofold.
One is that I totally understand that there was notice, but it it seems to me, unless I misheard something, that there was no um connection made between the golf course and the most affected resident.
Is that an accurate statement?
I can't speak to whether the golf course and the the petitioner engaged in any discussions privately, but but notice was was mailed, posted, and advertised in accordance with the resiliency code.
And and so did the resident respond to the notice made and connect and can I ask why?
Am I well I think I think Mr.
Penn, if anyone would be able to speak to whether the club contacted the the uh I am unaware of any communication, why not?
Well, again, and I'll candidly, Commissioner, it's irrelevant to this uh proceeding, right?
The the bottom line is it doesn't matter if I if we did or not at this point, the DRB made its decision.
The only inquiry about notice is as Mr.
Alexander explained, whether the city provided Mr.
Gunde with adequate notice.
Okay.
And the answer to that is yes.
And the adequate notice was the red sign?
And the mail notice and the and the website notice.
So I I'm just trying to understand my for my own edification.
If you guys can just bear with me for a minute, because I've been very consistent throughout my 11 years of activism and and on planning board now on the commission, that the more interested parties connect with each other and engage, the better the outcome is.
This is clearly an example, may not be the only reason, but this is an example of not proper engagement and uh an unsatisfactory outcome for half of the party, right?
Half the parties.
So let me ask you.
Uh I'm sorry, I didn't catch your name, terrible names.
Mr.
Brooks.
Brooks.
Mr.
Brooks.
Um your client lives in London.
You live here.
He lives here.
He he the he was on the notice list.
He has a mailbox.
The letter did not arrive in his mailbox.
He gets this thing called that I get at my house.
Informed delivery where you get an email, it shows all the letters you're getting that day.
He checked all those, and we never got the informed delivery at the house.
So somewhere along the way, that letter did not make it to him.
He found out about the hearing after it had already happened.
Um he inquired September 24th about the September 11th hearing.
Um he found out about it then and it was too late.
But he has the ability to come here and appeal to do this appeal.
Um has standing, he's adjacent, he's a body supporter.
I get all that.
I understand all that.
And I appreciate your asking about the notice of the management.
Put this into context.
Um the other thing that I am really curious about is um, you know, we have had situations where the laws of our city do not accurate do not accurately reflect the conditions in which we reside.
We either have laws that govern things that are no longer relevant, or we don't have laws to govern things that need to be governed.
A perfect example of this was the private marina private marinas at private condos operating charter boats.
We didn't have laws about this because it wasn't contemplated.
But I'm the reason I'm the reason why I'm raising it is because I have a procedural question.
And pickleball might even fall closer to Padell, I don't know, but definitely tennis.
And so is it required it seemed like if I read this correctly, it is required for DRV to consider noise as part of this.
Is that right?
They have design criteria, if you're asking me, and it's all on my um page 10.
Is that correct?
If you look at page 10, it has the criteria that are on there.
Right.
So but so I'm I'm checking with our city attorney.
Is that the criteria, the design review criteria specifically include the arrangement of the structures and um on the property as they relate to each other and also as they relate to neighboring properties?
Um the DRB doesn't specifically address noise.
But the arrangement of a property to be considered um in its entirety should contemplate noise.
Because if you're installing a pagoda where you're going to do yoga, that's a different thing from installing a pagoda where you're going to have a DJ.
So wouldn't that be an appropriate part of the conversation for the DRB to consider?
I think the sp if if if you're asking, do any of the criteria address your concerns?
And I think the specific criterion is um is G in the staff report, which is that the design and layout of the proposed site plan as well as new and existing buildings are reviewed to provide an efficient arrangement of land uses.
So it the the DRB DRB is not approving the use, but looking at where the proposed structures and uses will be on the overall site.
So I think that addresses.
Right, but this gets to the issue is that an approved use doesn't contemplate a use that makes a lot of noise in somebody's backyard.
And so we are asking the DRB to opine on something that isn't properly governed by our our city laws at this moment.
Well, the DRB is not opining, right?
The DRB is making final decisions on individual applications based on the review criteria, based on the evidence that that the board has.
I understand that.
But it's it's an incomplete review if the laws don't contemplate a use.
And and we've got this issue happening in Sunset or on the Sunset Islands, I think as well.
And it's it just hasn't been addressed yet.
And I think, Commissioner, I think you have separate legislation either pending before the neighborhoods committee or the land use committee if I recall, where you were looking at potential amendments to the noise ordinance to address court games.
That that is a separate matter that um that if that moves forward would apply to all properties.
Right.
Perspectively, but not retrospect.
Well, because the no the noise ordinance applies to all property.
The noise ordinance is not a land development regulation where where changes to the LDRs apply only perspective.
As we proceed legislatively through that process, it may evolve into something besides the noise ordinance, because what I can foresee happening here, um the lighting, whatever, there are ways to mitigate light, right?
Um I don't love it.
Uh I'm not I can't litigate all of this, so bear with me.
The lighting is is more easily mitigated potentially than noise.
And noise is um a code enforcement issue that is resident driven.
So every time that a resident hears noise in their home, the ordinance which currently governs it is if you can hear noise that is um excessive in your home at any time of day, then that becomes a noise violation.
We had this with the Good Time Hotel.
I'm not suggesting you guys are the good time hotel, but I mean, you know, Graham, we how many times did we see that thing come up on the planning board agenda?
Because the way the law was governed is that uh was written is that if I'm sitting in my living room reading a book and I can hear the good time hotel, I have to call code, and code has to come over, and they have to hear it.
And they have somebody you know watching for code, and then the DJ turns down the volume.
And it doesn't matter what covenants were given and what promises were made, and we all went and we heard how well it it um it sounded and how good the sound control was when it was being used as intended, but it was not sufficiently used as intended.
Yeah, and I think this is that's exactly right.
I think this is I'm not suggesting that the golf course can't have Fidel courts.
It it I think it makes sense.
I mean, we've done it with the golf course in uh the Miami Beach golf course where they now have pickleball courts, but that is a different version of this, where you have pickleball courts on a busy road across the street from residential that don't make nearly as much noise.
And so I I don't know how to do this, but I would suggest that instead of saying yay or nay, you guys go back and to the drawing board and just recite it so that it is um it's not gonna cause all these issues because it it's going to cause all these issues.
It you you're gonna get noise complaints all the time.
Commissioner Mateo Zelinas.
I have some questions, but Nick, can you reiterate we're here to not judge the project, but tell us how we're supposed to the three things we're so you're not here to to reweigh the evidence before the design review board, you're only here to determine whether the board's decision was supported by any competent substantial evidence at all.
It's a very on the evidence, it's it's a deferential standard.
Um you're also here to determine whether the board followed the uh the essential requirements of law, meaning did the board follow the correct law, the correct criteria.
Is that what Commissioner Bott has?
That's what I'm trying to suggest with the noise issue.
Well, I think the DRB is not really tasked with with addressing with approving or denying an application for use.
If Commissioner Bott, if you if you are concerned about the applicability of the current noise ordinance to to court games, I think that's something that your your separate legislation is i you know could could address.
But I think in this capacity, you're you're in a very limited role here, right?
You're you're looking based on the record that was presented to to the design review board um as to as to as to whether the board, you know, it followed the rules, whether its decision was supported by the evidence, and whether due process was But I'm looking at the sentence that reads the DRB's approval relied on unsubstantiated assertions that the PEDEL courts would produce minimal noise.
But that's like wait, I'm not I'm I'm sorry.
I could you repeat those?
Because I have some questions directly for you, and I keep getting you sidetracked.
So could you repeat?
I'm sorry?
Sure.
So so the first is whether the DRB's decision was supported by competent substantial evidence, meaning was there evidence to support what the board ultimately decided and all the conditions that it imposed.
Second is whether the board followed the essential requirements of law, meaning did the board apply the correct law.
And the third is whether procedural due process was provided.
And that is notice and an opportunity to be heard.
Okay.
I thank you.
I'm good.
So can I just ask a question?
Is noise part of the review criteria of the design review board?
No.
Okay.
So based on that, based on what I am hearing.
The design review board acted appropriately within within its authority.
Now we may want to go back and look at what are the design criteria and pass legislation so that in the future, you know, perhaps they might be able to consider noise.
Is that something that we're able to do outside of this quantified judicial hearing in a legislative capacity?
You can you we right.
You can you can adopt legislation that would apply to applications moving forward.
But that's not what we're doing today.
Correct.
Today we are determining whether the DRB, whether the DRB acted within its authority and applied the standards that exist today and that exit that existed in October when the DRB order was issued.
And what the record shows is that the courts comply with the setbacks that are required under the code.
And in fact, they exceed them.
The DRB evaluated the relationship between the adjacent property and considered uh the site design, considered the buffering, and made a determination accordingly based on that, as Justin and uh and Graham uh has have stated for for for for for the record.
That doesn't mean uh that we don't acknowledge the concerns raised by the applicant as why we want to initiate legislation and Commissioner Bod is working on legislation to address issues of noise and future considerations as to the proximity of these courts to someone's home, which I get it, it can be impactful, but but our role here today is not to reweigh uh or or or reconsider all of those things.
The fact is that DRB active within the scope within the authority and within the criteria that they were able to, and based on that, I I just don't see a basis in the record to conclude that the DRB erred in its decision of approving this.
I don't I still have not seen where the DRB acted wrong.
That doesn't mean that there isn't room for legislative improvements in in the future uh as it relates to noise, as it relates to setbacks and everything else.
Um, but I'm I'm just not seeing where where we're where the DRB didn't didn't act appropriately in any of this.
Mr.
Miller.
Commissioner magazine.
And then Commissioner Suarez.
I I do have a colleague uh that I think spent like 750 bucks on a Prada paddle racket, and he played twice and was never played again.
So I do hope you can rule fairly on this.
Okay.
Just um clear.
The one area where I think there's the most question or ambiguity, I'd like cleared up is the third you pointed out, Nick, notice an opportunity to be heard.
I agree that in good form, and what I would love to see in a perfect world is for those operators from Lagourst to walk over to an adjacent house, knock on the door and say, let's work through this.
My guess though is that's not the standard of the law, and what we have to opine here on as much as I would like to see more white glove treatment for a neighbor of such a long time, right?
Roll one community one partner, we have to rule on not what we'd want to see in an ideal world on the standard of law.
So what is legally required?
The legally required notice is notice that's reasonably calculated to apprise the recipient of the the hearing.
What is that even reasonably calculated means that it's going to be uh likely to reach them?
So we uh under the code, what you're looking at is that the design review board um followed the the three-step notice process outlined in section 2241 of the the resiliency code, and that is the 30-day mailed notice, the 30-day posted notice on the subject property, and the the notice by publication in the Miami Herald or in this case the um so let's say the uh petitioner even had uh forensic uh analysis that his mailbox never received that direct mail notice, do the other two outreaches essentially um uphold the legally required outreach?
The city commission can can uh can consider the evidence that that his name was on the mailing labels and that that the other forms of notice were were provided as as evidence that's what I'm saying.
So even if you would just limit it to the other two, right?
Those are adequate notices of requirement, or they are not under the resiliency code, yes.
And under the law of due process, they would be reasonably likely to reach some.
You know, close to my colleague uh Commissioner Fernandez, and especially on this third point, where in a perfect world in a gentleman's world, th they would have walked over and had a more substantial conversation, but we have to sit here and rule on the legality, which I believe has been met.
Yes.
And as it currently seems so, you know, Nick you meant your Commissioner Broad brought up the issue with noise and how the DRB doesn't concern itself with noise.
However, uh you know, page seven of this paper that I'm reading, it says staff also expressed concern with sitting location for the four pedal courts.
Staff also expressed similar concerns with the new Palo Court location so close to the single family homes.
And then quotes, however, staff has expressed concerns regarding the compatibility of the four paddle courts and their potential noise impact on the single family homes located to the north fronting alton road in response to these concerns.
So if the DRB doesn't have to address noise, it certainly seems that they have addressed noise here.
Yeah, so let me let me clarify.
So meaning that hold on.
So if the DRB took noise into consideration in in the let's say the passage of this review or applicant.
Doesn't that then bring to us something that we can evaluate since they have a they have I guess a voluntarily evaluated noise?
So that's a good question.
So there are two at least two criteria that I think address this issue.
The one is is G on page 1933 of your book, which is the one I mentioned earlier about the efficient arrangement of land uses between structures on the same property and adjacent properties.
The other is K on the next page, which says that uh buffering materials shall be reviewed to ensure that headlights of vehicles, noise, and light from structures are adequately shielded from public view, right?
So but does that now give us the opportunity to say that we don't think that that's that was properly addressed at the hearing?
So you could the commission could make a finding that um and and again this is the commission's decision, right?
That the the commission could make a finding that uh that for instance the evidence didn't did not support the DRB's decision as to those criteria, for example, if that's where it did or did not support.
So the fact that the DRB actually, I guess went there, and so to speak, right, or they voluntarily discussed noise, then that brings then we can apply our discretion as far as was it applied correctly or incorrectly, their noise mitigation suggestions to the applicant.
Therefore, we now can take into account noise.
Well, but not in the sense that it do you have the application before you.
It's more in the sense of was the board's decision supported by the evidence and did the board follow the correct law.
So I have a question though, because if now we if if now we consider noise, noise is now within the review criteria of the DRB.
Can is it or is it not?
Well, the D the the DRB, the closest the DRB gets to noise, because the DRB is not reviewing use.
The closest the DRB gets to noise is in reviewing where the structures are on the property and and buffering of those structures.
And the board that that I think is what you've heard, the testimony you've heard.
That's where the site designed, the site plan was considered by the DRB, yes or no?
Yep.
I'm asking the attorney.
Of course, there's 85 pages of plans, of course.
And buffering.
Was was buffering considered by the DRB?
Yes, and there's a specific condition in their order that requires additional buffering of the paddle courts.
Now, by now, if we start to consider the amount of noise created outside of the discussion of what is relevant to the DRB, does wouldn't that then expose us to to an appeal or challenge from the other party where where noise is being considered outside of what was allowed under the authority of the DRB?
Correct.
Yeah, you're not reviewing the approval of the use, and you're not uh reviewing the levels of noise that could be produced on the property.
Um you're only looking at whether the DR again, the DRB followed the correct law or support was supported by the evidence.
But can I build one?
Commissioner Baugh.
So the DRB is not supposed to consider noise, but they did consider noise in context of the sighting, the proper sighting of the um four courts.
Sorry.
Right?
The location of the four courts.
The location, right?
Yes, the sighting.
So and there are you multiple pages of um conditions for buffering to try to mitigate the sound and the noise.
So they know that that is a thing, but there is no noise study because they could say you need X prescriptive measures to buffer the sound, but in fact, that would buffer a tenth of the sound, uh the noise, and be virtually useless.
We don't know.
Nobody knows because nobody has this the the noise decibel levels and what the mitigating measures might be for it going back to the the good time, we had all these problems, and then they put up they went they turned it up to 11, no pun intended, but they turned it up to 11 and put in this incredible sound mitigation system, and and it was um it was really great when it was used as designed.
But but they didn't do that to begin with, and so it it required months of back and forth.
And so this is the DRB took noise into consideration as they deliberated where to put the courts and to prescribe measures to mitigate the sound, but you don't know what the sound impact is going to be.
And had you known, um, you might have said if you are on the DRB, that is too close, or that's fine, it's not gonna affect.
But nobody knows.
So how are we making these prescriptive decisions without that information?
Nick, before you respond, but accordingly, didn't you even say take true what she just said at face value?
Didn't you even say that it's not as if we can reject this or accept this because we would make a different decision than the DRB.
Well, that's what that's what we're that's what they're appealing.
That they there wasn't enough correct evidence to make the right decision.
Is that correct?
And that's what we're that's at least what I'm saying, is that there wasn't, or commissioner, me and Commissioner Bot are saying that there wasn't enough correct evidence to make a thoughtful decision for the they were considering it.
They per the records here, it sounds like they were talking about it.
And so but not in a meaningful enough way because they didn't have all the information they needed.
And and I think it certainly sounds like the applicant at the time was was you know entertaining that discussion.
So I think the two criteria that relate to what uh Commissioner Bott and Commissioner Suarez are looking at are those two that I highlighted on the arrangement of land uses and and buffering of structures.
So if you were to make a finding um based on, you know, let's call it noise, right?
If you were to make a finding based on the on the impact of the courts uh on the neighboring property owner, it would be you know, it would be uh as to those criteria.
Explain that again.
This is this is the the commission's call, right?
And and um so what exactly's called what's what's what your call is to determine whether the board's decision was supported by confident substantial evidence and whether the board followed the process of the process of the process.
Okay, and I think that's what we're saying is we don't think that there was enough competent substantial evidence for something that they that the board took up as a review.
At least that's what I'm saying.
And that's what I I it that's what it seems because while it might not be their purview to weigh in on noise, they were taking it into consideration to discuss the siting of the courts, which is right in their wheelhouse, right?
So they made a decision based on noise impact where they didn't have sufficient evidence to make a difference.
They weren't opining on whether or not it's a permissible use, but they made a decision about where to locate the courts on the property based on the discussion they had about the noise impact.
And it seems to me that was an incomplete discussion because they didn't have actual data.
And if had they not taken that into consideration, maybe the decision would have gone another way.
Right.
So if if this gets vag this decision gets vacated, does it just go back to DRB for there to be more conversations to figure out if there's a solution or what happens?
Well, the code allows you either to um if that's where the the commission is leaning, that the code allows you to either uh reverse, remand, or modify.
Based on the discussion, I'm um I'm and I and you know I don't want to speak for everybody.
I don't know that everyone's had a chance to speak on this yet, but it if you are suggesting that the board consider additional information, that motion would be a remand.
And what about modify?
Like is this for just these four paddle courts or is it for the whole project?
No, the application was for the was for the whole project.
And so if we wanted to make a motion to modify these four PEDEL courts and leave intact the rest, we can do that?
You could you could do that, yes.
I make a motion to do just that.
I'll second it.
And that would be to modify the courts to uh in uh in how specifically to modify the courts, because we'll want the re the commission's resolution should be clear as to what the modification is.
Well, I think uh certainly that the Lagore's golf club can at the very minimum start a discussion with the property owner, okay.
Uh and hopefully come to some sort of resolution where it both parties are happy.
Then I think that would be uh better as a motion to remand to allow the the design review board um to to direct the design review board to take another look at the particularly the sighting of the Padel courts.
And how would you don't we have a motion on the table actually?
Yes.
I had a motion on on the table that was seconded by Commissioner Magazine.
And and and on that motion, I just you know, we only have you know a portion here of what the appellant is stating from the uh staff report.
But but also part of the staff report is specifically the the uh criteria and and part of that of that criteria, buffering materials shall be reviewed to ensure the headlights of vehicles noise and light from structures are adequately shielded from public view, adjacent properties and pedestrian areas.
And staff acknowledged that that was satisfied.
Is that correct?
Yes.
Okay.
And then and then when you when you read further, um beyond what what what the appellant provided is that each of the proposed Padel course shall be enclosed with solid plexiglass panels to help contain the noise to the neighboring properties in a manner to be reviewed and approved by staff consistent with the DRB crit criteria and or the directions of from the board.
This has been considered by by the board.
And and again, I just want us to be careful of the precedent that we set, because we have very limited scope here, uh and it's whether whether the board applied its criteria correctly or not.
We might not like the outcome of it or agree with with with what's going there, but but that's not what we're here to do.
We're here to determine did the DRB apply the proper criteria.
And I believe that that they did, and unless unless the the attorneys tell me otherwise.
I just don't think that I don't I just sure, but there is no sound engineer present to say that a plexiglass is going to solve the problems.
You know, I mean staff tells us stuff all the time that ends up being you know wrong as far as a suggestion.
You know, I just just relying on what staff says, you know, as far as what it thinks it can do to mitigate noise, I don't think that's the should we have to abide ourselves by.
But no, but but we're also here to say was there enough evidence to to judge that or or or to make that decision on an accurate basis.
I don't think so.
Respectfully, if you think that's there is enough evidence, fine.
I guess that's where we sort of draw the line and you know maybe we just need to have the votes to see where this lands.
And if we could uh Commissioner Fernandez, the second paragraph that you read.
Doesn't that essentially uh advise or imply that staff will review the sound criteria before the issuance of an actual permit?
So there's still time to I don't think it's in our purview, but there's still time for the appellant to work with the course and staff to mitigate the sound in a proper manner, right?
I don't think we should be this is just my opinion, but rejecting or accepting uh petition based on not having uh adequate information on an issue that's not even in the purview of the board.
The uh sorry but but they but the purview of the board is the sighting of the courts.
And in the discussion of the sighting of the courts, part of the things they were considering were the lights and the noise.
And so it may not be the purview of the board to talk about sound in an abstract manner in an independent This is why I'm not a lawyer.
But in context of the the sighting of the location of the of the courts, they did talk about it.
And they made a decision with insuff in my view, they made a decision with insufficient evidence to inform that decision.
That's that's my view.
And so I I'm not saying again that Lacour shouldn't have PEDEL.
I think it's great, but I think it needs to be just discussed further and to do it at the at at the at the point where the permit is applied for, I don't believe, and correct me if I'm wrong, but I don't think that the resident is part of that conversation and um I think that it's possible that the applicant could say, yeah, but DRB approved it just like this, and then somehow things get approved.
I don't know.
I don't have insight into that that process.
I mean I'm sure in the ideal world it's perfect, but who knows who's rushed and you know who's being feeling you know pressure because it's a big fancy golf course.
I I don't know, but um it it seems to me the place to fix this, and and it's not punitive.
It's it's the place to fix this is at the DRB where everyone can talk about it together, find something that makes sense for everybody, and then go build it.
And we all live happily ever after.
Madam Vice Mayor, may I offer one clarification about the standard overview?
So when you're evaluating competent substantial evidence, uh it's any competent substantial evidence.
It's not whether uh one more thing would have um allowed the DRB to make an even better informed decision.
It's whether the record contains any competent substantial evidence.
Right, and that's my point.
It doesn't seem like there was any actual data about noise when they were discussing how to cite the the courts.
It wasn't like there was an i a half-assed um sound study or somebody who said anecdotally, well when I play, it doesn't bother me.
It it there doesn't it that doesn't sound like there was any real data.
That's my that's that's my sticking point on this.
I mean perhaps not perhaps not engineer engineer certified sign sealed data, but but certainly there the the discussion below did um discuss the noise mitigation of the of the Pedel courts.
And but was it was it discussion based on um empirical evidence or was it discussion based on anecdotal?
I don't think it will or it hasn't, or I never heard anyone complain because that doesn't hold muster I I mean that look that's how I feel.
If if other people feel differently, I vote simply just doesn't within the limited scope that we have.
I mean, certainly I feel like there was not enough evidence at the DRB.
There seems like there was a notice issue with with the applicant.
I I remember my own problem, and this is why I'm in government now is because of issues with noticing and and um when it when it involved short-term rentals and in residential neighborhoods, and obviously this is very different, but you know, given the the facts and given the the issues that I see, I I think you know that there wasn't enough uh noticing um there wasn't enough notice for this particular party to see what happened.
I mean he's on the record saying he didn't get notice, which is I think a big problem.
I I don't think having a red sign on a traffic light post is enough and uh some government website uh certainly no one's gonna just randomly go there to to check on uh on notice.
And then the fact that the DRB specifically took this into consideration didn't have enough evidence in my opinion, uh warrants a a review.
Now I was asking how how can you what's the options that we have?
You said we can approve, we can then we can deny or we can modify.
Explain a little bit more about the modification.
There you there's you you could vote to affirm, which only requires a majority vote.
There is a motion on the table, Commissioner Fernandez's motion.
Um what is that motion?
Motion is to affirm the decision of the DR.
That's a four-seventh vote.
That's a four-seventh.
And to oppose it as a five-seventh vote?
To reverse, modify or remand a five-seventh vote is required.
What if so um a uh a a reversal um or a modification?
Give me uh give me examples of modification.
A modification would be um that you know, to to for example relocate a uh a uh uh uh a particular structure like for someone.
For example, for four Padol courts in front of someone's house.
Right.
Now my concern with that is the uh the commission would need to be very clear as to you know what that modification is, and I think that really is most appropriate when the parties have reached some sort of compromise um where you know where the the commission's resolution could be specific as to what the change is, right?
Because you're not seeing new plans here.
So would it be would it be more appropriate to defer this and then have the parties talk to each other and then come before us in May?
That's an option if the commission wants to.
You do have a motion on the table though, if you you know I think the I'll make a motion to defer to look.
I'll second that motion.
I'm I'm fine.
I I think you guys have enough opportunity to hopefully work to I think I think there's nothing wrong with having neighbors come together and try to solve things.
So we have a motion to defer.
Yeah.
Yes, I have a motion by Commissioner uh Suarez, seconded by Commissioner Fernandez to defer the item on the on the deferral.
When this comes back, um is there a rehearing uh do the parties get to present again?
Is there guide us on how that works?
Well, the the oral argument has already occurred.
Okay.
Um I think it would be helpful if the if the commission gave the parties directions to you know what you would like them to do before it comes back and and what your expectation is.
Um but I don't think there would be a need for any, you know, another oral argument.
That's already a lot of people.
Are we allowed any ex parte communications?
Um the code does not prohibit ex parte communications.
We our office is always discouraged ex parte communications, they are allowed as long as you disclose them.
Got it.
I have a question though.
I don't understand what a deferral gives us, right?
We're either upholding we're not basing this on what we think should happen, right?
Or or where the court should be.
Right?
We're saying, did the DRB act properly or not?
Not like guys go figure this out together.
What are we deferring if we're not gonna hear the exact same argument?
We're hoping that they work something out.
But that's not part of our that's not what we're being.
Okay, but we're not like in the legislative.
We'll have six, we'll have 30.
Correct.
You're sitting in a quase judicial.
Correct.
Right.
This isn't some ambiguous wishy-washy feel good guys, please come and and come together here.
As much as we may not want to, we're not wearing our commissioner hats, we're wearing quasi judicial.
That's why it was being so messured because you know what what's going to end up happening is that we're gonna end up with I mean, I've just seen it in in other places that I've worked at, and that all of a sudden we are gonna end up with uh huge docket of appeals when so that so that we give people the opportunity then to go back and figure it out between the parties that we reopen the files that have been decided upon and uh and that it ends up in that in that posture.
So we're you know, we just have to be mindful uh again of the precedent that we're setting here.
But judges always give time for mediation, and this is not this is nothing new as in in a court of law, right?
I mean, we just talked about what in our session.
We're we're we're acting in a quasi judicial capacity, but we're not a court, and we're not accord with with several dozen judges uh in courtrooms.
We are we're acting in a quasi judicial capacity, meaning that we're coming free of judgment.
That's that's to the extent in which we're acting as judges here.
We're coming free of judgment to get to to give each side uh a fair a fair fair hearing.
So that's the only thing I just want us to be mindful of because more and more if we do this, more and more we're gonna end up with a docket of these things and get it to the point that we probably you know should make some of these boards advisory to the commission.
Um we're we're gonna open up that door.
And to that point, Commissioner, I actually have an item traveling through legislation to remove it out of our hands and send it to circuit court, you know.
I think honestly, that's probably a much better place for this.
But look, uh I think at the meantime, I think giving a month to hopefully work something out with them, they come back before us, and then you know, there's not gonna be a there's not gonna be that much time lost.
It'll be simple yes, no vote.
Let me pose a hypothetical.
Let's say they don't work something out.
Do we just come back and say we vote?
Oh, okay, just kidding.
Like uh we have enough evidence to rule on this now.
I mean I don't think they're gonna work anything out at all.
I think we might as well just take the votes now.
I mean it's I don't think the golf course has any motivation to to work with the neighbors because and they already have their ruling.
So I don't think that there's gonna be any type of agreement in a month.
Yeah, our our advice, our best bet is to work with staff before a permit is issued and try and work with the golf course for some of that.
I it's just what our task at hand is here, right?
This this isn't about what I want to happen.
Joe resident and Joe Commissioner wants to see these bar two parties come and strike an agreement, right?
And I would give all the time in the world for that to happen.
But we're not wearing our Joe Commissioner hat, right?
This is looking at the evidence in front of us and saying, do we uphold the decision the DRB made for this very strict set of criteria?
Right?
Not, hey, we want this to end where everybody's happy, please go negotiate.
Right?
If we sit here and defer it and you don't come back with an agreement, we we just hear exactly what we just heard and we rule and say, oh, okay, yes, we uphold this, or or or no, we do not.
We're just ruling on the evidence that we have at hand of did the DRB act properly.
Let me let me ask a question.
If I can ask Mr.
Brooks a question.
If if we were to defer this, what would be your hopes of a middle ground between your clients and the applicants?
Um if we were to defer this, we would go to the applicant with the decibel readings that Paddle results in.
There's a range, and we'll show them that range.
Show them the 20 feet and we'll show them we can hear it at so many decibels at our house, we'll ask them but what would the budget?
But my question was to you, Mr.
There's one giant golf course there to move these paddle ball courts away from the Mr.
Brooks.
You're a government uh attorney, a municipal attorney.
So you understand that I'm asking you the right question.
I'm sorry, so and so my question to to you respectfully was if we give the appellants an opportunity to go and negotiate with the applicants.
What would be the desired outcome?
What would be in a perfect situation uh the desired outcome?
Can I ask, can answer two ways, procedurally and substantively?
We would ask for mediation with a mediator.
The result to come out would be a mediated result we both live with where no one's completely happy.
If it was without mediation, we would ask them to move the paddle courts away from this location somewhere else on their vast golf course property, which is hundreds of acres somewhere else.
So that's so that's not an issue with the amount of fee.
Because from from reading this, you had an issue with the distance.
Um, you know, how set back it was, uh, whether whether whether the setback was sufficient or not, you want to do that.
If we're just talking distance, then 20 feet is insufficient and we want more.
How much more I don't know.
But you're but but but what you're saying is that your desired outcome from a from a deferral would be not for them to set it back more, is for them to now get this and put this in another location on the site.
If it's going to be a setback distance, we would take the decibels and move, keep moving it back with a noise model and find out where that noise model drops the decibels down to where we can't hear it from our backyard or from our house or our bedroom.
He's asking me as a lawyer.
Oh sorry.
I don't think so.
I just don't see how deferral is.
I don't see how this hurts anyone.
I mean, what do we got to lose?
And they got to process there's process to be respected.
And we can come to the Was there a reasonable, was there a reasonable evidentiary basis for the board to come to its conclusion?
Right.
And and to put a finer point on that.
And did that exist?
The the eviden the evidentiary question is was there competent substantial evidence to support the board's finding that the cred that the cr the various criteria were satisfied.
Are you able to give your opinion if those three things are met?
Well, I'm I'm here as your as the commission's counsel, right?
On on procedure and on the on the standard of review.
I'm I'm in an unusual position to you're more well versed in this.
Mr.
Alexander from my office is is representing the the position that staff took to the board and that the board accepted.
So your legal opinion is that all three of these criteria that need to be met have been met.
Yes.
Yes.
We are asking to update the leave opinion.
Yes.
You don't represent Lagourse, you don't represent I represent the design review board.
And what what is your interpretation if that is met?
Because yes, he represents the design review board.
You do not, you're our liaison.
Right.
So I I can tell you just just you know, having uh having handled these cases in the past, um, that the standard of review as to the evidence is generally it's very deferential to the decision of our land use boards.
The the courts look at whether the board's decisions were supported by by competent substantial evidence at all.
It's not the commission's role here to re-weigh the evidence that was presented uh to the board, but rather to determine whether there was any evidence in the record at all that was competence and substantial.
Since the focus of the discussion has been about the location of the Patel courts, I've pointed you to a couple of the criteria that that the board considered and found were satisfied.
And there's there's analysis in your um in this in the staff report that was presented to the DRB, that's part of the record that supported the DRBC.
And what is your thought if after hearing this evidence and analysis, I'm confident that the DRB's decision should be upheld.
However, in good faith, perhaps the two parties could find something mutually agreeable in the next month.
I don't even want to say deferral, but just allowing them one more month before we hear this again.
Does that give any indication?
Can I say yes?
I I will vote to uphold this.
Um but if you want another month to go and discuss, uh I think that um we haven't even asked the petitioner if you would even be interested in that.
I think that that the that that uh that that might make sense if the parties both if counsel to the parties both express that they you know would like that opportunity before, but I think otherwise um if the if each you know if if each of you sort of know where you're leaning, it it might be worthwhile to take a vote on the on the merits and and then you know whoever is agreed by that decision can see.
So I'll lay it on the table.
I'm going to vote to uphold the DRB's order.
If the two parties want to sit here and say we would like another few weeks to discuss, I'm fine to vote on this in another month.
If the two parties would even go above and beyond and say, you know what, take your vote about whether the DRB order should be upheld or not, regardless of what that outcome is, as neighbors and good partners, we're still going to discuss if there's something mutually agreeable, that'd be great as well.
Um, but that's where I'm at.
Uh I will vote uh uphold this, whether it be at this meeting or the one in another month absent any new information.
What so my question is if we do what Commissioner Suarez is suggesting, does SAD take us out of this appellate framework, you know, where we're considering an appeal, does it does it put us now in this bargaining in a bargaining position?
Does it expose us in any way?
I think you would only do that if you wanted to give the parties a chance to work something out, and then ideally the parties would come before you with an agreed.
But here we are.
So we know one party is willing to negotiate.
It seems to me that one party would might be inclined to negotiate.
Do we know if the other party is willing to negotiate?
I we should ask Mr.
Henn, who's been very quiet during this.
I mean, the bottom line is there is no basis for this appeal, legally legal basis for this appeal.
Obviously, we are committed to continuing to work with Mr.
Gundai um, but there is no reason to not uphold the DRB's decision.
So do you voluntarily agree though?
Do you volunteer the USA representative of the applicant voluntarily agree um on your without this board you know being the one saying you have to I just I want to know just just just for my own you know process here, are you voluntarily willing to sit down with your neighbor in trying to in a neighborly way resolve this this matter?
Yes.
Okay.
All right.
So I think we should take a vote on this.
Wait, but there's no leverage.
There's no there's you can't go into negotiation knowing that they're good the the deck the deck is stacked.
I mean that's ridiculous.
Look, if you're willing, if if Legores is willing to come to the table and talk to the the affected property owner, then do that.
And then come back to us and then we'll vote as it is.
But I don't think we should be giving away our votes now.
Then it kind of just kind of dilutes their negotiating power.
But this isn't about giving them negotiating power.
I understand this is about evidence, just yes or no black and white, right?
Mr.
Gundai will have the opportunity to file a lawsuit if if uh if this commission upholds the BRDB decision, which is what the normal course of events and in that process, obviously that's where another opportunity for negotiation.
And on our goal is to avoid lawsuits.
I mean, we're everything that we do, we we try to be conservative when it comes to that.
If we can have 30 days for you guys to come to an agreement that that's beneficial for everyone, I don't see what the big deal about that is.
I, for one, don't think there was enough evidence in the case.
Um alone, you know, I'm just one vote.
But I think we can all agree that giving a month for there to be a you know, a a hopefully a good outcome for everyone.
I don't I don't see I don't know why you're prancing around, Graham.
It's just I'm trying to talk to you and you're giving me your body.
I apologize.
I and I apologize for prancing as well.
The uh the uh I understand what you're saying.
Look, I I I think as far as we're concerned, there's a there's a set of legal requirements for this appeal that clearly have not been done now.
And if you're talking about leverage, yeah, I mean to be candid.
I don't just leverages maybe leverage is the bad word.
I think just in good faith.
Okay.
That's let's let it the decision is sort of unknown.
And so when you guys go to the to when you guys talk, you know, you're talking in good faith.
Okay, not when, hey, you know, we don't really agree with this.
We have the votes anyway, so you know, we don't meeting, we're just meeting with you because it's a formality.
I don't want that to happen.
So look, there's a a vote for a deferral and a second.
I'd like to just we don't need to waste any more time on this.
Okay, let's call a vote.
So this is to defer to the commission meeting of May 20th, have a motion by Commissioner Suarez, seconded by Commissioner Fernandez.
All in favor of deferring this item to May 20th, please say aye.
Aye.
Aye.
Anyone opposed?
No, I'm opposed.
So I have one no from Commissioner Mattel Salinas.
Okay.
And one no from Commissioner Magazine.
And one from me.
And one from Commissioner Botts.
Motion passes forward three.
The item is deferred to May 20th.
We'll see what we can do.
See you next month.
Can I just um I assume on May 20th, we're not going to go through all the presentations again.
We're just going to find out an update.
That's correct.
And if my recommendation to the commission would be if if there is no agreement between the parties to take a vote on the merits, and then whoever is agreed by that can see.
Basically, it'll be a pretty quick, it'll be a pretty we took obviously a lot of time.
We hope we won't need a hearing on the 20th.
Okay.
Thank you.
Thank you.
Thank you.
These guys are full by the hour.
Of course they're going to find it.
You make a fun of lawyers?
I do too sometimes.
Um R5AH.
There's a number of items that kind of related.
Um want me to read them all?
Sure.
Okay, so I'm going to read R5AH AIAJ.
I'm also going to include R7A and R7W.
If we could do everything right now under R5AH.
So R5AH is in order to the mayor and city commission of the city of May Beach, Florida, amending chapter 78 of the My Beach City Code and title personnel.
By amending Article 5 and title classified employees leave.
By amending Section 78-282 and title definitions.
Clarifying the definition of immediate family by eliminating duplicate duplicative language by amending section 78-285 to allow service members to cash out on hours accrued in excess of the carry-forward cap, otherwise forfeited as a result of active military duty.
Amending section of 78-286 to increase the cap on the maximum amount of annual leave hours that may be accrued from 500 to 600 hours.
Retroactive to December 31st, 2025, by amending section 78-290, subjecting paid holidays to collective bargaining provisions governing holiday pay, if applicable.
Amending section 78-292 to authorize transfer of part or all of accrued leave to an employee's 457B account upon retirement, resignation, termination, or death, and authorize the use of accrued leave to be used to extinguish a debt owed to the city, such as reimbursement of overpayments through payroll or unpaid insurance premium, repealing all ordinances in conflict with this ordinance and further providing for separability codification and an effective date.
That's R5AH.
That is a first reading public hearing.
The next item is R5AI.
It is an ordinance of the mayor, so the commission of the city of May Beach Ford, I mean chapter 78 of the city code and title personnel by amending Article 4 and title Unclassified Employee Leave by amending Section 78-181 and title definition is clarifying the definition of immediate family by eliminating duplicative language by amending section 78-182 to allow service members to cash out on hours accrued in excess of the carry forward cap, otherwise forfeited as a result of the act of military duty by amending section 78-183 to increase the cap on maximum amount of annual leave hours that may be accrued from 500 to 600 hours or attractive to December 31st, 2025.
Amending section 78-189 to authorize the transfer or part or all accrued leave but employees 457 B account upon retirement, resignation, termination, or death, and authorized the use of accrued leave to be used to extinguish a debt owed to the city, such as reimbursement over payments through payroll or unpaid insurance premium, repealing ordinances in conflict with this ordinance of further providing for several ability calification and effective date.
That was R5AI.
That's a first reading public hearing.
The next item is R5AJ.
It is an order of the Mayor, City Commission of the City of Bambi Beach Florida, amending the Miami Beach Employees Retirement Plan created by ordinance number two 2006-3504.
The next two items are resolution.
It is item R7A.
It is ratified three-year labor agreement with ASME, May 1st, 2025 to April 30th, 2028.
That is a public hearing.
And the last item is R7W, a public hearing.
Ratified three-year labor agreement with the CWA, October 1st, 2024 to September 30th, 2027.
I move the items.
Hold on.
I'll say Commissioner Bott.
Sorry.
So I have a motion by Commissioner Fernandez, seconded by quicker than the title.
Commissioner Bot.
It is a public hearing.
All of them are public hearings.
I see no one in the audience and I see no one in Zoom requesting to speak.
Ralph, I I guess uh just for the first one, not the CWA and the other union.
But for the first one, is there any financial or fiscal impact?
No, sir.
That's a quick synopsis.
So I'll take the vote fast then.
So it's I'm going to take the vote on the role as a roll call because there are ordinances.
Commissioner Mateo Salinas.
Yes.
Therefore, all the items.
Commissioner Bott.
Yes.
Mayor Dominguez.
Yes.
Commissioner Suarez.
Is absent.
Commissioner Fernandez.
Yes.
Commissioner Magazine.
Yes.
Mayor Minor.
Yes.
The item is approved.
R5AH, AI, NAJ will have second reading public hearings on May 20th.
The resolutions are approved.
Commissioner Suarez is a yes on all three.
All five.
Okay.
Thank you.
Thank you.
Thank you very much, Mr.
Mayor.
Looks like it goes fast, but there's a lot of work that goes in behind that.
I see Eric nodding.
So thank you for all that hard work.
Um there's a couple of items that had been on previous agenda been pulled.
They're referrals to committees.
Let's see if we can get that done.
R9F.
R9F is a referral to public safety, neighborhood quality of life committee.
How to improve artist vendor program.
R9F.
I'd like to move on.
I wanted to see if we can also do a dual referral to uh land use.
Sure.
Thank you.
Let me just ask um Sarah Wade to have a meeting of the two committees together to discuss this.
Because sometimes what happens is that one committee discusses something and gives one track, another committee might discuss something and take it a different track.
And might be, is there a way that the two committees can meet at the same time?
Can we do sunshine meeting maybe?
I'll make sure that we could do it the same month or the same, you know.
So whenever it gets referred to neighborhoods, I'll also have it on the same agenda for uh land use.
Oh, why don't we just send it to land use Monica?
Well, I'm not on land use.
So May 13th, don't have to go May 13th.
May 13th ish is apparently when it's going to be May, May meeting.
Um use um working on that I have to be to on May 14th.
So I don't think I I don't know if I could be there for May 13th.
The following month is fine.
Yeah, I'm out that whole month too.
But not that whole month, that whole week.
If for the record, if if it helps, but according to my notes, there's two meetings of public safety May 13th and May 27th.
And land use is May 26th.
So you can technically have it one day apart.
Okay.
Okay.
So that's okay with the sponsor.
So public safety would be May 27th.
Land use would be May 26th.
Ralph, you saved the deck.
You're all right.
So May 26.
27.
Okay, so that was R9F.
So all I'm sorry, can I have a motion on that?
Moved.
Second.
Motion by Commissioner Fernandez.
Seconded by Commissioner Suarez.
All in favor of the dual referral, please say aye.
Aye.
Opposed.
Hearing none R9F is referred to public safety and land use.
Just for for you in the audience, I want to make sure you understand what's going on with this because you've been here and some of your colleagues have been here month after month.
So it had been on the commission agenda a couple of times ago.
It got pulled, but it never got discussed, so it couldn't get voted on.
So now we discuss the fact that yes, we do want to hear it, but we want to hear it to at two committees, not just one.
And so that's what we just agreed on.
So it'll be heard at the two committees at the end of May, May 26th and May 27th, with the idea of discussing how to make this program better.
So progress has been made.
You can call my office to get the times if if you don't know.
Thank you.
Let's call the next uh do all it's full of vote.
We did.
Okay, great.
R9G.
R9G is a referral to public safety, implement blue light safety emergency communication system on 41st Street.
Commissioner Bot's item is do you have there?
Who pulled it?
Is anybody remember?
I would love to go sponsor.
Watch it'll be me after I ask.
Huh?
I said watch it'll be me.
I think it's a great idea.
Is it me then?
I don't think I pulled it.
Anyways, I'll just move it.
Yeah, thank you.
Yep, great, awesome.
Okay.
So Commissioner Suarez moves it, and I heard a second from the mayor.
Is that correct or no?
Yes from the mayor?
Yeah.
R9G is a referral to public safety.
All in favor, please say aye.
Aye.
Anyone opposed?
R9G is referred.
R9H.
R9H or the referral to public safety, enhanced beachwalk lighting.
South of Fifth at tree lighting, three lights near South R.
But that's my item, yeah.
Okay, enhance.
Second.
Who pulled it?
It also been late.
Oh, it's late.
Okay.
It would not have been late.
No, it wouldn't.
If I call no, I if it doesn't make it on in time, then it goes through the addendum.
So what number please?
R9H?
Hold closed.
Separated by Commissioner Suarez.
Okay.
I think I probably pull this for just one.
Maybe I was confused, but I just want to make sure that this doesn't affect the sea turtles as far as lighting goes, because it's on the beach walk.
Um maybe that's why I I pulled it.
So anyways, I'm I'm okay with it going to report.
Yes, it's a referral.
We'll hash out in committee.
Um obviously there my intent is not to go see turtles.
Um so I fully support them.
And we would make sure that that would be protected when it when we discuss on committee.
Yeah, I mean, I I think not just be for Commissioner Mateo Salinas, but I know I did a uh park walkthrough with um some residents and lighting came up because I made reference to the fact that Monaco is already working on this, and Amy was on the walk with us, and we had pretty robust conversations about how you know we need to mitigate and what the all the options are.
So everyone is on that that same page.
Cool.
Yeah, whenever it comes to you guys know I'm the sea turtle guy.
So when it comes to lighting at night, it's it's um maybe I pulled it for I thought it was coming up for a vote or something.
So R9H, I need a motion, please.
I move it.
Second.
Of a motion by Commissioner Botts, seconded by Commissioner Mateo Salinas.
All in favor of the referral on R9H, please say aye.
Aye.
Anyone opposed?
Hearing none, R9H is referred to the public safety committee.
R5AG.
R5AG is an order.
So the mayor of City Commission of the City of Bay Beach Florida, men in Chapter 106 of the Code of the City of Bay Beach and Tal Traffic and Vehicles, Article 2 entitled metered parking division one entitled generally section 106-47 thereof.
Freight commercial and passenger curb loading zone hours deliveries to modify clarify to modify and clarify requirements applicable to the use of freight commercial and passenger loading zones and providing for repealer codification and an effective date.
This is R5AG.
It is a first reading.
Commissioner Fernandez, co-sponsor by Christian Commissioner Dominguez, Bot and Suarez.
Thank you, Mr.
Mayor.
This is a this is building upon a conversation that we had back in March and March, and it actually builds upon the very substantive conversation we had this morning about commercial loading zones and people just parking on our streets, trucks, stopping wherever they want, blocking lanes, disrupting traffic, and creating safety risks.
It is a daily frustration, as we discussed at Naushin this this morning for residents and for business alike.
So the ordinance that we have before us, uh this proposal updates our freight commercial and passenger loading zone rules to strengthen enforcement and improve overall uh traffic flow.
The first penalty um first the penalties are significantly increased instead of a warning for a first violation when it comes to the freight loading zones, violators would now face a 1,000 dollar uh fine.
Uh second offenses would go up from 150 dollars to $5,000, and in cases where were um an illegal stop actually obstructs a travel lane and disrupts traffic, uh the special magistrate would be able to issue a $15,000 penalty.
And these are violations that uh that that bring traffic to a standstill that affect public safety that affect the quality of life of our residents.
They force drivers into sudden lane changes which are dangerous, they create uh dangerous conditions for pedestrians and cyclists.
Um this ordinance uh treats these violations with the seriousness that they deserves.
Um so that's the item that's that's before us again.
We discussed this at Nashon this this morning, the severe impacts that this has on the on the quality of life of our residents, and it's why we're going ahead and imposing these very strict penalties that didn't exist before.
And with that, I move my item.
Thank you.
I'd like to offer an amendment to the item, and I will share with you what I'm proposing.
And the amendment basically states that the freight loading zone beginning July 1st would be in effect Monday through Saturday, 7 a.m.
to 3, maximum allowable allowable time to park in the commercial or freight zone is 30 minutes.
And uh it's on the unlawful for anybody and it goes on through here.
I'll pass it down as you want.
So this is uh so let me see.
So uh this would be to create a uniformity, Commissioner?
Correct.
Okay, so so instead of having different times, what you're saying is different days, because in some it says uh Sundays or the other is Sundays are not allowed.
If there's one thing that's really tight in our city, is access to parking, and I want to make sure that um Sundays of residents have access to park and loading zones aren't traditionally used as much.
Um the hours 77 to 3 seem fair.
If it were up to me, it seems it would be 7 to 11.
Um, but after several conversations, I was told one or three o'clock is better.
Um, and then that way residents still have access to park in those spots after three o'clock.
I think that's great.
I mean, one of the one of the challenges that I think uh that our residents have, and that even people who are not a residents who come into our city is the inconsistency.
You go to to one freight loading zone, it might be up to 11 o'clock.
You go into another freight loading zone, it might be to one o'clock.
You go to another freight loading zone, it might be to three o'clock.
And that inconsistency and the hours create confusions, not only for the people coming into our city, but also for the delivery industry that cannot rely on you know on knowing for certain what are the hours for these loading zones.
I think other cities do this already.
I think there are cities that already have uh consistent set schedule, and to the extent that other cities are doing this, I don't see I don't see why why why it would be a problem for us uh to to establish this.
I actually like this amendment and I would accept it as a friendly amendment.
Okay, then I'll second it with the amendment.
It is it is a public comment.
Call vote or uh is there anyone in the audience who wishes to speak?
I see no one on Zoom.
Can I call the role?
Call the route.
So as amended, R5 AG, Commissioner Bott.
As amendment as amended, yes.
Commissioner Suarez.
Yes, as amended.
Commissioner Fernandez.
Yes.
Commissioner Mattel Salinas.
Yes.
Yes.
Commissioner Magazine.
Yes.
Yes.
Motion is the item is approved as amended.
Second reading public hearing is scheduled for May 20th.
That was item R5AG.
And I and I just want to make sure just just for the record, Mr.
Attorney.
This would establish just so that I want to make sure I I understand the amendment right.
The amendment to that that Vice Mayor Dominguez presented would create, would say throughout the city, all freight loading zones, these are the designated hours unless otherwise changed by the commission by resolution.
I I I bel I believe it would require a subsequent ordinance, but we can work with the commission with Vice Mayor Dominguez on that for second reading.
Because what I'm reading here, the creation of a new freight loading or commercial loading zone or elimination of an existing freight loading zone shall be accompanied by resolution of the city commission.
Adding or removing a zone, but the hours so it is it the will of the commission that it be by resolution or by ordinance to change the hours.
Okay, so okay, and in essence, we are setting the these hours by legislation and the hours would only be changed by by legislation so that we give the public consistency and predictability.
Right.
Okay.
And just to clarify, the hours would be changed by ordinance, but the designated zones could be changed by resolution to give you more flexibility.
Commissioner Amateo Salinas.
I just want to clarify that the um in this amendment, the um voting zones, it's the freight and the commercial loading zones, or just freight freight and commercial.
Okay, so it is both of them.
Okay, thank you.
Thank you, Madam Vice Mayor.
I really appreciate this.
I think I think this makes the ornaments better.
So thank you so much.
Mayor, I've been informed that there is no May 27th public safety and Commissioner Swart uh Commissioner uh Fernandez will be out also May 27th.
What are we saying?
I just want to put for the record that Vice Mayor Dominguez knew my travel schedule better than myself.
So happen?
The May 27th, uh Commissioner Fernandez will be out.
Is that a commission meeting?
No, no, this is that public safety neighborhood meeting that uh that we were moving the the dual back-to-back meetings.
So land use and public safety.
Does that change anything?
Or just I'm sorry.
So he do one at the end of May and the next one in the beginning of June and then come back to the commission.
The June neighborhoods meeting will still be before the commission meeting, so we'll have time to marry them in theory for first meeting.
Maybe no.
Well, wouldn't we want to bring this back in May?
Don't we want to get this done for May?
The May meeting on the 20th.
It doesn't look like it's going to be a good one.
I can put it on the on our next uh public safety meeting whenever it is.
So it'll be the 13th.
Yeah, sure.
Sure.
No, I'm gonna be here May 13th.
I leave.
Madam Vice Mayor, when do I leave town?
May 23rd.
Oh, there we go.
May 23rd.
The world now knows your travel times.
Oh, thank you.
Um but are you still set for the May 26th land use meeting?
The problem is you want to bring it to the May.
I want to bring it to the May 20th meeting, but if the land use is not gonna hear it until May 26th.
Um I can I can what do you guys need me to do?
You need to have an earlier meeting?
Land use?
When's our when's the next land use meeting?
Why don't we have a land?
Why don't we have uh April 20s when the next day?
May 26th, according to my list.
Uh at land use?
Land use is the next meeting.
We have April 1st.
You had one, and then the next one it seems to be May 20.
There's no land use meeting in April.
That's right.
This thing was one of the months that we was why don't we try to have a joint sunshine meeting?
If someone's mentioned that and uh you know the wisdom of the ladies on the day is they I think they mentioned that, and then I'll spice we got in the way of their wisdom.
What if we that way we can see that that never happens?
Maybe we just do an artist vendor sunshine meeting.
Yeah, why don't we do that?
Are you cool with that?
Yeah.
And then we bring the outcome of that to uh to back to the commission.
Um let me think about that.
Can we can we give me five minutes to think about it?
I mean, is it is it that if it comes back to the June meeting if you hear it at land use?
I can we just can we just go as as normal.
I don't you know I don't want to just give special privileges.
When it comes to we all have the same seat at the table when it comes to having a sunshine meeting, and then when it comes back to commission, so committees are good, but we're all gonna have to come back to the meeting to have the same.
I don't mind having a sunshine meeting and then having it fleshed out fully at a land use meeting or neighborhoods meeting.
Whatever you guys want, I like I I but um yeah, I'm sorry, I think we should and I were having a moment.
And land use and come back in June.
Okay.
Sounds good.
We're gonna keep it at the public safety meeting for May 13th, land use at May 26th, and we'll come to the June commission meeting.
The loaning zones.
No, this is the artist vendor.
Render that's what we're gonna R7 V.
R7V is approved terms amendment uh amendment one lease agreement with RK Rabani 1691 Michigan.
I think I don't think I think Commissioner Magazine.
Yeah, thank you, Mr.
Mayor.
An opportunity the city has in front of it.
Uh I'm very excited about uh as I imagine a lot of my colleagues are as well.
Um we have made tremendous strides in economic development.
In fact, for the first time ever, we have four publicly traded companies headquartered in Miami Beach.
Right?
Four.
We are creating a real economy for real people with high paying jobs.
Um part of that is our office inventory that is uh incredibly incredibly slim.
Uh we actually are well positioned where we have uh an asset that is on city owned land that we have a lease for.
Uh the current owner of the office building.
Um he bought this uh several years ago.
He's put, I believe, 50 to 60 million dollars of capital uh improvements into the project.
Uh I'm gonna use round numbers.
Ozzy or the sponsor, please correct me if I'm uh if I'm off, but you inherited or bought the property, and the occupancy for the property was about 35 to 40 percent.
Uh that tenancy is now up to 80 to 90 percent, um, with indication or move even higher.
Uh the rents have either tripled or quadrupled, and that's direct money that's coming into the city.
One of the things uh that is part of this lease is the city not only receives rent payments from uh a base rent payment from the owner of the office building, but we essentially also share in the upside because we get a percentage of the gross revenues that come into the project because of the success of this project and because of our continued and enhanced demand to diversify our economy.
Uh the uh office owner came to us and said, I will make an additional $50 million investment, not in his asset into our asset, right?
That we ultimately own.
Uh however, I'm gonna need an extension on my lease terms to essentially be able to finance it.
And that's what we have here.
Um, but this was a great opportunity to reevaluate not just what happens 60 years from now when that lease is set to expire, but Ozzy, you were able to run, I saw it with my own two eyes, very hard yet fair uh negotiation that really is going to benefit our taxpayers uh not 60 years from now, but actually as soon as this project starts getting uh uh completed.
Um so do you want to summarize kind of very high level what we're looking at, where this is going, what the process is going to be.
Um I believe that this will still need to go to FERC to iron out.
We're essentially maybe at the five-yard line, maybe even the two-yard line.
FERC will iron out the last final details, and then it'll come back to commission for a final approval before being sent to uh voter referendum in November.
Yes, thank you, Commissioner.
Umingas, division director of asset management.
So as the commissioner was saying, we have been in discussions and negotiations with the Ravani group for probably uh a couple of months now, and this is a very exciting project.
Uh we've made a lot of strides.
They uh there's there's just two material terms right now that we are polishing up, and we are confident that we're gonna have that wrapped up by the end of this week and bring that back to FERC uh in May, be able to go to back to commission at the end of May and June, and then referendum in uh in November.
Uh but all of the other terms I believe that we have agreed to.
They did request two additional extensions of 20 years each.
Um and then there's a series of public benefits that have also been presented.
So we're very excited about the package.
But we are at the two-yard line right now.
And I'll leave it either to my colleagues or the city manager if we want to get into the details of this uh since we are referring it to FERC and it'll come back here.
Uh if we just want high-level uh highlights, or we just want to procedurally send it to FERC and kind of speed through the agenda.
I'll leave that up to you all.
Okay.
Um thank you.
This is such an exciting project.
I've had the opportunity to get a hard hat tour, and it's beautiful, and more to come, so I can't wait for it to be finished.
I love the terms.
I read through it, and I just have one tweak.
Uh it says 10,000 a year for the senior meals programs.
The word meals should be taken out.
It's for senior programs.
Okay.
But I think this is terrific.
It's gonna be such a wonderful asset in our city on Lincoln Road.
Um, and I'm very excited.
Wonderful, thank you.
Do we have any uh visuals of the capital improvements that are being contemplated?
Uh yes.
Did you line up any of the visuals with PJ?
Sorry, I no, we didn't submit a presentation.
We we didn't submit a presentation out of respect for your time today.
Uh but we didn't expect I I it's just tremendously impressive and exciting.
I think they're attached to the agenda that's it was more for the public, but uh we can do that in due time.
Mr.
Mayor?
Commissioner Bach.
Ozzy, can you just give us a very top-line summary of the two kind of sticking points so we know what we're looking forward to?
Yes, so we are discussing the uh the rental structure right now.
They currently pay us uh a base rent plus two and a half percent of sales.
Uh our discussions are to increase that base rent.
Their base rent schedule right now is on a five-year cumulative cycle where every five years they it increases by the lesser of CPI or 12%.
That pro that that uh calculation will continue.
However, what the city is asking for is that once the new project, phase two, as we're referring to it, uh is CO'd and and they have a 12-month period for build out, that we increase that current minimum rent.
Uh and our discussions right now are probably somewhere, you know, in in the $500,000 range.
Right now, they're paying us about $300,000.
So it'll be a nice bump for city revenue that is guaranteed minimum rent plus the continued two and a half percent of gross.
And you said there were two issues.
Yes, and then the the second one is that there are rent resets for that are set in years 50 and 70.
Uh and these rent resets are based on market rent analysis.
Uh for uh in addition to those two rent resets, we've added two more rent resets with the two extension periods that they have requested.
The request is to have those rent resets capped uh because as their their rent continues to increase, the value of the property will then uh obviously be a lot greater, and they uh they want to make sure that they still are within an affordable rent compared to the investment that they're making.
So they have requested for us to consider some caps on the on those resets.
And that's what you guys are gonna be hatching out.
Correct.
Okay.
Well, I want to echo my colleagues, Robert.
I'm uh you know, I um have always been impressed with how fully you committed to the city of Miami Beach when you started off in South Beach.
Um and you have been doubling down, and you know, it's I admire people who put their money where their mouth is, who actually walk the walk and don't just talk the talk.
And it appears that it's your gamble is paying off.
Um, and it's good for you, obviously, but it's even better for the city.
So um all I would say is don't screw it up, man.
Thank you.
I do believe we may have those images uh for PJ if uh the city 30 set up.
PJ, thumbs up or thumbs down.
I can't see his lips.
One second, I'm pulling it up now.
The voice.
And again, this is a city-owned asset that we will essentially uh inherit once the lease uh terms are up.
Correct.
Do you want to walk us through this?
Sure.
So what you're looking at there is the rooftop of what is currently the attached parking garage to the 1691 office building.
So the rooftop is currently just surf the parking uh mostly empty as you know, the rooftop is the least utilized uh level of any parking garage.
Uh and then on the right hand side would be an addition, it's about 36,000 square feet of office uh with a 6,000 square foot uh space that would be a flex space for our potential restaurant user.
Um and then you see uh hot topic today, some potential pedal courts on the rooftop, but they are situated on the other corner of the building away from Palm View, shielded uh from the neighborhood across the street by the two stories of office building above facing Lincoln Road, uh so there's not really any residences nearby.
Uh and if we scroll down, I think there's a couple more images of it, but same view, but essentially this would be converting the rooftop of the parking garage into an addition on an outdoor kind of campus wellness space.
And if this is all being done within the allowable height in FAR, there's no height or FAR increase.
We're just talking about an extension of the lease term.
That is correct.
Correct.
The building has about 48,000 square feet of floor area available.
Uh so this is just a better, more efficient use of the building's available square footage than empty parking.
Incredible.
Can I say something?
Commissioner Bach.
Um the renderings are beautiful.
The the design is thoughtful and beautiful and evocative of the Miami brand that we want to um support and and um promote.
And so I have no comments on design.
I wonder if it's possible without spending a ton of money to just do one of these renderings where it doesn't look like this is in a field of grass in Iowa and have it cited in context because I think that is really telling.
I mean, this shows off the beauty of the architecture.
Yeah, it's like field of dreams.
If you build it, they will come.
I'm looking for Kevin Costner to come out in his baseball.
Well, listen, who isn't looking for Kevin Costner in a spaceball uniform, but it's another conversation.
Anyhow.
Um I don't want you to spend a whole ton of money, and it'll take your architectural firm you know, five minutes to change out that background, just so we can I mean, come on, it's like yeah, we got it.
It's uh very conceptual model, and we'll we'll keep building up on it.
Thank you.
So just in closing, uh we are we're bringing this back to FERC on May 6th, and then moving forward to commission for first reading and second reading, and then continuing on to referendum.
And to be clear on that, there the points for continuing to tweak will be at FERC, May 6th or whatever you just said, and first reading, and then between first reading and second reading, in theory that'll be it because then we'll have to lock the terms in order to make the referendum.
Is that the correct timing?
Our goal is to have everything locked down at in a final term sheet by uh the FERC meeting.
So we could by May 6th.
Oh, by the FERC meeting by Friday by this Friday, actually, that's our deadline, so that we can make the May 6th uh FERC meeting with final terms, and then we can start drafting.
Yes.
We're gonna walk outside right now and figure it out.
You need referees.
We probably will.
Joe, get on that.
If I may Commissioner Fernandez, I think this is so great.
Um, and very excited, not just about the work being done uh to the building, the quality, the caliber of the tenants, uh, the economic activity that this brings to uh Lincoln Road, the potential uh for the corridor.
I just think you know, kudos to you, Commissioner Magazine, uh, for for leading on this.
One of the questions I have, um so the so the parking garage right now has about four hundred and twenty five parking spaces?
It's seven hundred and seven nineteen or so, yeah.
719 space.
And after that, after after the rooftop addition is gonna have uh how many spaces?
About 425 would be the minimum, um, hopefully a bit more, but there's some buffer there to be able to construct the addition.
Uh right.
Yeah.
And and what is the projected use of um of those 425 parking spaces?
So they would satisfy the the uses of the building first would be the office tenants.
There would be a hundred spaces uh for left for the public, which is currently required by the lease, so it's still public parking.
There would still be a hundred spaces set aside for public use.
Um, and that's really it.
And that's so you know, one of the things that I just want to put out there, you know, for you all just to consider, you know, we had a conversation at the public safety neighborhood quality of life committee about the parking needs of the convention center hotel, which is a critical economic engine uh for for our convention center and our ability to to untap the fullest potential of that convention center is of course this hotel, but the employees.
And you know, they're hoping that that all the employees that they're either going to take ride share uh into the convention center hotel or that they're gonna take buses.
And we all know that you know that expecting all the employees that I think it's like 200 employees at any given time of the hotel to take ride share of or buses is I think an unrealistic expectation.
And so to the extent that it could be considered how perhaps uh the balance of these parking spaces could be used to help ameliorate uh the concerns and the parking needs of the convention center hotel is something that I would like to put out there uh through the sponsor if he's if he's amenable to that.
Yeah, Commissioner, it's great that you brought that up.
That's actually one of the public benefits, and I'd like to just um oh thank you, Mr.
Yeah, I just wanted to have one comment, uh Commissioner Fernandez that they actually reached out to us already past 48 hours, and we're working on a long-term lease with them to be able to give them more parking spaces.
Uh so it's a one-win for both of us, and I believe we gave 110 parking spaces to the case.
They raised their their contribution from 100 spaces to 110.
They're working directly with Will.
Yeah, and and we ran a study because I know I'd heard it from a lot of the commissioners on concerns about parking.
Our parking lot on a monthly basis, the transient parking is only five percent of our parking garage.
We maybe get so we have abundant parking to say the least.
So it's uh we're definitely nowhere close to having maximum occupancy in the parking garage.
And thank you.
Thank you for working uh with the uh with the convention center hotel.
Of course.
Uh just how just you know, considering the economic impact that your project is going to have on Lincoln Road, equally important is also uh is is a hotel.
Uh and making sure that they're able to keep their employees is gonna be an important endeavor.
Uh so I want to thank you for for working uh with Turnberry on finding finding a solution for that.
Absolutely my pleasure.
If if I may build on that, um and I'm glad Will's here because he can talk about what we're doing with the Doveville parking lot, um, because the parking garage is going to be open in July.
It's going to be open in July.
And um uh construction won't won't be starting for another couple of years, so we have this big empty parking lot and it's gonna be great.
And in the negotiation for the DA, we talked about um the parking for the construction workers will be in the garage, so they need to use that space so we're not congesting North Beach more than it needs to be.
And then no matter what, we're always going to have X number of spots available to residents, and then during um hurricane or flood events, there won't be uh construction workers there because of the weather, and then when the hotel is open, there won't be guests there because they probably won't be flying in for um for the hurricane.
So um the reason I give you all the background is because there are a lot of net spots that can be managed in a very fluid way, which is a very different business model than what it used to be, which is third floors for this, fourth floors for that, and fifth floors for that.
And it doesn't matter if one is empty or not empty.
And I would like you to consider, if you wouldn't mind, also talking to Will about um, and Will, correct me if I get it wrong, but I my understanding is that David Martin has said yes to this, that we are going to be we the city will manage the parking garage for the Doville.
Um they will make all their you know market rate parking um money.
No one's getting short change, but it gives us the ability to make it a much more flexible and more nimble process so that you know we don't have to engage with the third-party vendor saying, oh, you know, there's nobody coming in today because it's uh a holiday, so now all of a sudden we have all this um available resident parking or tourist parking.
And so it becomes this flexible ecosystem where you don't have to worry about it, you're still making all the money.
We can manage it with resident rates or whatever, but but like it goes through one central agreed to vendor with the agreed to parameters, but you guys don't have to worry about it.
Yeah, so two points on that right now.
We're already housing, I believe, a hundred to a hundred and fifty construction cars for the construction that's happening at the hotel.
So we've already taken that on.
And I think in our agreement we gave our parking spaces for free.
So if you want to make a market rate, I'm happy to.
But we did not want to do that.
We gave, I believe.
We won't backtrack on it.
Yeah, we we we threw in 110 for free, not at market rate or at a charge for workforce out.
So that that's amazing.
But what I'm saying is if you have so that's whatever, 250 spots, and you still have another 150 that are fluid because during the day they're being used by your um your employees, but at night they're not used at all, and they're empty.
I'm happy to.
I have no talking with them to figure that out.
Perfect.
Okay, that would be fantastic.
Thanks.
And thank you, uh, Mr.
Ravani.
Uh really a good as you've has been said by my colleagues, you've been uh an excellent partner with our city, so we're we're appreciative.
It's we're we're happy that you're investing in our city, but also working with people who are so uh amenable.
Um and thank you, Commissioner Magazine for working with uh the team is for all of us.
Okay, let's call a vote.
I need a motion, please.
Uh motion by Commissioner Magazine, second of uh Commissioner Fernandez, and it's as amended to include senior programs, it's not senior meal programs.
Yes, okay.
R7B has amended.
All in favor, please say aye.
Aye.
Anyone opposed?
Hearing none, R7V passes 70.
Thank you all very much.
Thank you.
Let's try to get through a couple of the items that were.
Oh, actually.
Not up to that yet.
You know what?
Let's call uh the boards and committees.
So everyone should have a blue paper.
If you don't, let me know, and I'll I'll give one.
So the first that we have Commissioner Bott has nominated Karen Sepsewall to the 2026 Hall of Fame Selection Committee.
There are two seats available, one nominee.
If we could do that one by acclamation, please.
Yes.
All agree?
So Karen is appointed to the Hall of Fame.
Now we have affordable housing.
We have one nominee, Charlotte Tomick.
Charlotte is also being nominated appointed by the mayor to the Miami Beach Housing Authority.
Uh Charlotte is being nominated at in this point of the agenda to the Affordable Housing Committee.
Uh there are two large seats, and she qualifies.
The one nominee, one appointee, but she's also being nominated for a different position in the housing authority.
We're voting just on this item.
On this item right now.
Yes.
So I think we should.
I I appointed her to the housing authority, uh, obviously subject to commission vote.
Um after subject after that, Commissioner Bott nominated her to the affordable housing.
I mean, Charlotte's right here.
We can ask her.
She can't sit on both, correct?
She actually can.
Oh.
Yes.
Are you interested in being on both?
The housing authority is a state board.
So it's not subject to the city restrictions.
Sure.
You want to be respectful of your time.
Thank you for coming, Charlotte.
Oh, it's a pleasure.
Yeah, no, I would be happy to serve on both if that's okay.
Thank you.
No question on that now.
So the seat on the on the housing authority.
Um, was that a seat that was vacant or was it term limit, or what was going on with the seat on the housing authority where which Tomic is being appointed is currently held by former Mayor Bauer.
Her term ended January 20th.
But as this is a state board, term limits.
There's a term, but there's no term limits.
Why so why are we moving her off?
I guess is the question.
If there are no term limits.
I mean, we often change boards.
Um I think Charlotte, why don't you give a little bit of your background?
I talked to Charlotte very well I talk to Charlotte very frequently, and she has an incredible amount of experience in real estate and marketing, and I think has a lot to offer to our city, and and I think this is a great opportunity to move forward with some new ideas and new projects.
Yeah, well, I've done a lot of work in the real estate space in uh commercial and residential real estate, and I've also done work with nonprofits like homes for all uh that are trying to create more affordable housing.
Uh as uh as a state uh initiative, as well as my work in public relations, so I think that I could combine my skills in both and uh try to help the city get more developers to uh provide affordable housing as part of their you know initiatives, and I'd be happy to take on that job if it's available.
Thank you.
Yeah.
Okay.
So first, I guess we're voting on the affordable housing advisory committee.
And there's two seats available, one nominee.
You could do that one by acclamation if you so wished by acclamation?
Yeah.
Great.
Okay, go in in order.
So the next one is Animal Welfare Committee.
At the last commission meeting, uh an ordinance was adopted allowing uh nonprofit organizations that deal with animals to also make nominations.
So this is the first nomination made under that category by Sobe Cats.
They're nominating Aaron Sherone.
So one seat is available, one nomination.
Animal Ware for Committee.
So moved.
To my acclamation, we could do that one.
Yeah.
Hearing no opposition, acclamation on Animal Welfare Committee.
The Board of Adjustment.
Here we have two seats available.
There are three nominees.
So the commission will have to vote for two individuals.
Individuals being nominated are Mendel Felig for the financial consultation category.
Jeff Cinnamon for the law slash engineering category, and Michael Rosen for Financial Consultation Category.
Any of those categories are acceptable, meaning you don't have to determine any of these three individuals qualify.
You need to vote for two.
So Board of Adjustment.
So Jeff can take the engineer seat, and then we have to vote for either Mendel or Michael.
It doesn't matter what seats because we have enough seats filled already.
So it could be basically treat this as an at-large.
It doesn't matter what category they're in.
They all qualify.
And there's enough room for all of them.
There's not a problem because we already have the minimum categories filled.
So you also have a little pad on your desk.
If you don't have one, I'll bring you one to vote for the two and uh two individuals.
Mendel, Jeff, Michael.
Commissioner Suarez, do you have a pad?
So we're doing this anyone, two of these.
So this is Board of Adjustment.
They all qualify.
You can vote for Mendel.
Jeff Michael Rosen.
I'm sorry, you can't pick two.
There's two seats available, so you can closer seats.
Yes.
So I'm gonna announce the votes.
Commissioner Suarez votes for Mr.
Rosen and Mr.
Felig.
Commissioner Magazine, Mr.
Rosen, Mr.
Felig, Mayor Minor, Mr.
Felig, Mr.
Rosen, Commissioner Mateo Salinas, Mr.
Felig, Mr.
Cinnamon, Commissioner Dominguez, Mr.
Mr.
Felig, and Mr.
Cinnamon.
Commissioner Fernandez, Mr.
Felllig, and Mr.
Cinneman.
Commissioner Bott, Mr.
Fellig, and Mr.
Rosen.
We'll verify the votes.
But Mendel Filllig has seven votes.
Mr.
Rosen has four votes.
Those are the two majority.
So Mr.
Fellig and Mr.
Rosen will double check the votes accurately, but those are what I have here.
So Mr.
Fellig is appointed.
Mr.
Rosen is appointed for the Cultural Arts Council.
We have one seat available and one nominee.
Ms.
Diliana Alexander, if we could do that by acclamation.
So moved.
Cultural House Council by acclamation.
Yes?
So appointed.
For the Normandy Shores local government neighborhood improvement committee.
They are nominating their own board member.
So the Norman D.
Short's Homeowners Association is nominating Raleigh Hernandez to serve on the board.
So by acclamation, may we do so?
Yes.
For the senior affairs committee.
We have one seat available and one nominee.
So moved.
We can do that by acclamation to appointing Miss Lem McKlinger to the senior affairs committee.
So done by acclamation.
Now we have appointments to the housing authority that require approval to the commission.
The mayor has not has appointed two individuals that require ratification or approval by the commission.
The first one is Maj Kagan.
So moved.
So Mayor.
So Mayor Minor, motion by Commissioner Fernandez, seconded by Mayor Minor.
All in favor, please say aye.
Aye.
The Charlotte Tomick is nominated for appointment to the housing authority by the mayor.
It requires ratification.
Mr.
Mayor.
Commissioner Fernandez.
Thank you, Mr.
Mayor.
I have great respect for Charlotte and of course your appointment, and always want to give deference to that.
I reached out to Charlotte yesterday because I, of course, I love the work that Charlotte does in the community.
And um, and she she currently uh holds the seat.
Um, you know, one of the things that that has been brought to to my attention with regarding Mayor Bauer, is that she is the only Hispanic member of the Housing Authority, and it's been brought to my attention that that could create a gap in representation and perspective uh for for boards that reflects the diversity of the community that's that's important for for their trust.
And so, yeah, and I and I also know that Moach and Maddie have worked very hard.
I think Moje since 2017, Maddie since 2018, they've been serving together, and uh I've learned you know recently about some of these uh some of these incredible achievements that they've done together.
I think they secured 306 new section eight vouchers uh during their time of service.
Um they've doubled the section eight house funding awarded by the federal government.
They they're they're working, and I think a number of us we were we we've seen the uh housing facility that they're working on with vista breeze um that's gonna be completed by this summer.
It's 119 senior apartments that they're going to be completing uh this this summer.
They've acquired land to enable the construction of a hundred and twenty five additional affordable housing units in in Miami Beach.
Um they've also worked on comprehensive operations operational and organizational improvements for the long-term success of the housing authority.
They've run they brought in a new executive director.
They've really been working very, very hard on the on the housing authority, and I and I think that that's that's uh Maddie and Moj.
worked on comprehensive operizational operational and organizational improvements um for the long-term success of of the housing authority they've run they brought in a new executive director they've really been working very very hard on the on the housing authority and i and i think that that's that's uh maddie and moch they've they've been an incredible team there on the housing authority but very important you know it's also making sure that we maintain that diversity that there's at least one hispanic member uh on the uh on the housing authority just recognizing that such a significant population of the people who are served by the housing authority are are also his Hispanic um and so I called Charlotte yesterday out of respect because I I I love the work that you do we've always had a great relationship and because of that wasn't gonna be able to support uh or vote and vote to ratify the the appointment at this time and I just wanted to share with you why it is uh because I would I also want to give you deference it's it's your appointment uh and since it has to be ratified by the commission I wanted to explain to you why I wasn't gonna be able to um to to ratify this appointment at this time okay I'll explain my decision uh why I I did this uh one I did not I was not aware of what you just mentioned about the uh hispanic committee members the first I hear of that I there was there's a few things uh Maddie uh com Mayor Bauer has served with such great distinction so I don't I I prefer not to be in a position to have why I'm explaining it but since you're bringing it up I'm sort of forced to there's certain things I've seen I'll give one example uh that I and I'm not saying it it's mayor bauer there's a committee I'm not I'm not even saying this is directed at heart at all but I felt the committee needed a a realignment and a new direction for example when we had the Barclays the Barclays has been an issue that has has really plagued our city for a long time and when we finally put it out to bid and had a had a developer with a reasonable that the housing authority kind of stepped in and really set us back in my opinion years um did not do our city well on that on that issue.
I did hear from some of the members as well that the that they felt that the committee needed uh a new focus and you know sometimes not easy I don't want to I I'm not looking I'm not looking to try to take away from Maddie Bauer as uh she's uh uh she was our mayor she still serves very actively in many different roles um but it's it's a committee that I am uh tasked with making appointments and sometimes you have to make tough decisions maybe sometimes they're a little bit unpopular but in my opinion I feel strongly that this is is the best decision for our city and that's why um I did it I think I again it's someone Charlotte is someone I talk to pretty regularly if she's not talking to me she's talking to someone on my team and I I I believe and she's always right you're always talking to me about hey why is this building vacant what can we do to to fill up this what what needs to be done and uh Charlotte's literally going around our city very active and I I just believe is going to bring a uh new blood and new life and new ideas um and that's part of my job to make sure that these committees move forward and I'm I'm I'm actually very comfortable with my decision.
Sure Vice Mayor Dominguez thank you and I think Charlotte is terrific as well and uh she served on other committees I also um you know Maddie Bauer has um been such a force in our city and in our history and I know that she fights and adores this particular committee we're all gonna be former one day and I feel out of respect for Maddie she deserves to be on this committee and if a new direction was something that this committee needs are other people that could have been uh looked at where Charlotte could have been appointed in their place um but out of respect for everything Maddie has championed in our city I think she should have uh been notified or had a conversation I think it's a big deal um and no I'm sorry to cut in but not taking away let me cut in mayor you it's not my role mayor bauer never reached out to me um and and by the way that's not why I made this decision but I'm just saying it's it's on the incumbent on the person who's seeking the position uh to express interest and I I I never got I never got that so I'm just saying I think it's I think it's more than than one one way let's call a vote what are we voting on so the housing committee I make appointments they it's solely in my discretion authority to make the appointment but it needs to be ratified picture it's not like there's uh competing no interest they can't be and they can't be you you can't be nominated anybody it's picture a supreme court justice example I'm I'm not trying to compare myself to a president of the United States but the president makes nominations for cabinet positions or the supreme court justices and Congress can't come in with someone else they either ratify or they reject so that's that's pretty much the situation we're in here.
Example, I'm I'm not trying to compare myself to a president of the United States, but the president makes nominations for cabinet positions or the Supreme Court justices, and Congress can't come in with someone else.
They either ratify or they reject.
So that's that's pretty much the situation we're in here.
So we could do it all in favor?
We could do it.
Sure.
So all in favor.
So the way this works, if if I may, uh the housing authority has terms.
Mayor Bauer's term ended January 20th, but until someone else is appointed, the holdover person stays.
So if no one is appointed today, Mayor Bower would stay for an additional month.
If if they are if the vote is ratified for Ms.
Thomic, as soon as the oath is come uh done, Mayor Barrow would be leaving.
Yeah, I mean I uh I think we I mean Charlotte knows that I think the world of her because we met when I was first running for office and and um hit it off like a house actually before that MBU um and hit it off like a house of fire.
So to me this is an opportunity to have two really strong committed women um supporting something that is so important to us.
And I would I would love to see Charlotte and which is why as you and I talked about nominated you to the um the housing um affordable housing committee because that that way we can have a better kind of union between the two and and build something that is stronger than it's ever been and so I would love to see that for a year and then see where we go from there.
That's that's what my wish would be.
What's that?
Let's call the vote.
All in favor of confirming the appointment of Charlotte Thomic to the housing authority, please say aye.
Aye, any opposed?
Opposed.
Opposed.
So I hear opposition from Commissioner Fernandez, opposition from uh Mateo Salinas, and opposition from Commissioner Dominguez.
And for me.
And Bot.
So that is for the uh the nomination, the appointment is not confirmed.
Charlotte, thank you for uh submitting your name.
I I I think this was a disservice to our city today.
Um I think you would have brought in some new ideas and new blood to uh to an to a uh committee that I know works hard, but really does need some new direction.
So Mayor, I but it's been brought to my attention to that for the Board of Adjustment, it requires five affirmative votes to appoint someone.
Mr.
Fellig had seven votes, it was unanimous, but the the two individuals the other two individuals did not reach the five votes.
So I would require a vote of Mr.
Cinnamon and Ms.
Rosen to see if we can get to the five votes.
I'll support um Mr.
Wilson.
So if that's the case, just so we have uh Mr.
Rosen was Commissioner Suarez.
Uh Mr.
Rosen was Commissioner Magazine.
I feel this voice uh Mr.
Rosen was commit Mayor Minor.
Uh excuse me.
Let's see.
Commissioner Bodge.
Commissioner Bott is who Mr.
Rosen, so you're so we got Mr.
Rosen, so I'm sorry, can you I I got a loss there somewhere.
So Commissioner Fernandez, you're moving it to who?
Uh from Cinnamon.
So that would take us to five.
I but you I just asked you about this vote, and I wanted to reconsider.
Okay, so you want to move your vote?
To cinnamon.
I'm sorry.
Okay, so then let's take a vote.
Then that leaves us with nobody.
With nobody five.
Well, other people can can reconsider as well.
Okay, so why don't we write it on the piece of paper and we'll so you have Mr.
Cinnamon and Mr.
Rosen to get appointed, you need five.
Sounds like an AI analogy.
I wouldn't know.
Okay.
So I know we're going back on this.
I mean, I have some, I I respect Mayor Bauer greatly.
I have some open spots on my committee.
I don't think she would love the nightlife industry task force.
It'll be an option to her, but I I have other um, I have a police citizens relations committee, uh disability access committee.
I know we serve on the committee.
Oh, she does.
Okay.
So I'm gonna uh go over the votes received.
Commissioner Mattel Salinas is Mr.
Cinnamon.
Commissioner Fernandez is Mr.
Rosen.
Commissioner Dominguez is Mr.
Cinnamon.
Commissioner Bott is Mr.
Cinnamon.
Commissioner uh Mayor Minor is Mr.
Rosen.
Commissioner Suarez is Mr.
Rosen.
And Commissioner Magazine is Mr.
Rosen.
Ford three, we need a five vote.
Do you want to so can we defer this one a month then?
And then that way we can all.
I mean, I haven't met with the candidates.
I reviewed their paperwork, but maybe we can do go that route.
So we are going to defer the Jeff Cinnamon, Michael Rosen votes to May twentieth, and we will send an email to the two candidates requesting that they meet with you.
We are done.
R9AF is discuss, take action, proposed sanitation, commercial impact fees, catch-up and adjustment options.
R9AF.
Hey John.
Good afternoon, Commission.
John Norris, public works director.
Bring back this item with some changes that we discussed at the uh last meeting when we bifurcated this separate from the water and sewer impact fees, which we passed as a first, I'm sorry, is a second reading earlier with just CPI increase.
I do have a uh presentation, if we could pull it up.
It's not a long presentation.
All it does is show the actual charts that are shown on the memo that you've received.
So this was what was originally proposed at the last meeting, which shows the catch up since these have not been increased in about 30 years.
The next slide.
And then the third chart.
This shows actually taking the zero to twenty-five unit condominiums and only doing a CPI increase rather than a catch-up moving forward.
So what that does, it really softens low on the smaller unit buildings, which this does not apply to the two to eight units anymore because they are now on the single family residential contract.
So we're basically talking about the nine unit to twenty-five unit buildings, would only have a CPI increase and no catch up moving forward.
This shows a reduction in revenue over the next two fiscal years.
You can see an FY27, we would be losing about two hundred and fifty-one thousand from the original proposal, and then that would compound in two thousand twenty-eight to about five hundred thousand dollars less revenue.
So these are the three options that we have on the table that were kind of discussed, and I'm happy to answer any questions.
So through the chair?
Vice Chair.
Yes.
Thanks.
So John, essentially, you're asking us to catch up on 35 years in a period of how long.
The third one was two years with no catch up for the zero to 25 units.
And this goes on our water bills?
This would go on our water bills.
This would actually come from the solid waste bill from the hauler.
Because these are all served by a hauler.
If you are a single family residential customer, then it goes on your water bill for your trash, but these are billed directly from the hall.
Do we have this actually one of the first items that we took up uh after being elected?
Um what is the status of a contract with the haulers?
So currently we have the residential contract, which goes from single family up to eight unit buildings as of recently.
We are working on negotiations to enclad to include nine to sixteen units into that contract, and we are ready to go out for an RFQ for multiple haulers for the commercial multifamily contract.
So if are you done?
No, I'm sorry.
Just one second.
So these are our rates?
These aren't the haulers' rates?
These are our rates that come back to the city.
But then the haulers impose their own rates on top of that?
Is that how it works?
Correct.
Yes, there's the haulers rates to haul and dispose of the trash.
But this is what and franchise fees come back to the city.
Got it.
So what specifically do these fees cover?
These cover specifically they were established to increase the street sweeping program, but they generally they fund sanitation activities within the city.
You know, we're a little unique with our sanitation division where we have a lot more litter pickup and cleaning up around the city, whereas most cities they're just picking up trash.
But uh we have quite a bit of activities expanding the pressure washing and the street sweeping uh throughout the city.
So the fees that we have, whether we stay at the current level or we go to the most modest stepped up fees cover high impact weekend sanitation activities.
So Memorial Day, Art Basel, the entire month of March, any kind of football or FIFA stuff, which is not a normal budgeted event because it's stuff that only happens you know once every so often.
Um in some cases it's never happened before, like FIFA.
It covers the programs that Commissioner Suarez brought the gum removal and the street cleaning for residential.
It covers the increased cleaning on Lincoln Road 200 and 300 blocks.
It covers cleaning after who knows what other events in addition to the regular sanitation maintenance.
So restocking the dog poop stations would that cover not so much?
Yes.
Maybe that that would most cities don't do, and whenever a resident asks for, you know, there's somebody in my neighbor who doesn't have cleanup there after their dog.
Can we have a dog poop station?
We put in a trash can and a dog poop station.
Um it covers the things that our residents are expecting us to do because that's what we've told them we do for them.
The problem, and I'm just I'm trying to make sure I understand this correctly.
The problem is we have been increasing our levels of service quite significantly, and have not increased our revenue to cover the cost of those services in 35 years.
Is that an accurate summation?
So there are other there are other revenue sources for the sanitation division.
This is a part of that revenue stream that funds our sanitation activities.
So do the other portions of the fund that cover the entirety of the sanitation activity activities, um, are have are they going up?
Have they gone up?
They go up, excuse me.
They go up because they are a percentage, like franchise fees are a percentage of the commercial waste bill that the customer is getting.
So as there are increases, we do see increased revenue from franchise fees.
So we will be having to, as we negotiate the contracts, we will have increased rates from on that portion of the bill.
No, so there is actually a potential when we go to a multiple hauler type system.
If we went with five haulers, that's gonna create more competition.
You could actually see prices go down, and that's actually what we're hoping for the property owners in the city.
So you know, I mean, I I'm the I'm the one who's like, what the hell we haven't raised these in 35 years.
Three years ago when we first started talking about things, the economy was not as terrible as it is right now.
So is there a possibility that we could do a very modest um increase and then wait until you know in a in a short term, or well, let me actually let me think about this for a second.
Could we actually hold off on this until we negotiate the waste hauler?
Because if there's going to be a savings from having increased competition, and then we can increase our fees, but it's a net zero change for the residents, that might be the best possible outcome.
My recommendation at this point, if we're looking at how the commercial contract is going to affect revenues, would be to, at the bare minimum, let's put a CPI increase on this right now, so we don't find ourselves in the same situation in 30 years, and then we reassess as we're looking at what the potential revenue change could be from the commercial contract?
I would be okay with that through the vice mayor?
Yes.
Um I just wanted to put a little bit of context on this.
Um I know it does seem like large numbers, but these are numbers aggregated through buildings with 26 to 50 units, 51 to 75 units, 76 to 100 units.
So the increase that you're talking about is approximately 50 cents per unit monthly on most of these buildings.
So I'm just talking about, I'm just letting you know.
Sanitation Fund has a structural imbalance, and I know Jason likes to um identify funds that have structural imbalance, meaning that we're providing more service than we're collecting revenue for on an annual basis, and so we are eating into the fund balance to the point where you know in the next couple of years we're gonna have some very difficult conversations.
Happy to have them.
Wouldn't the waste hauler like Commissioner Bod is saying wouldn't if we had a if we had more clarity on where the waste hauler is, then that could potentially affect that fund, correct?
Happy to bring it back at that time.
I just want to put a footnote on this, that this is one of the best ways to address the structural imbalance in the fund.
So my a couple of things.
One is I would definitely do the CPI now going forward.
Like that's just basic bookkeeping.
Um and it's wildly irresponsible for us to pretend that that shouldn't have been done 35 years ago, we would not have been in this mess now, and for us to kick that down the road, I'm not having it uh for myself.
Um second of all, it would be very useful to see these numbers broken out per unit, because if it is really 50 cents per unit per month, that's a pretty different conversation than you know, 24 dollars.
The the way people read it, the way I read it, and I've talked about this a bunch of times, I forgot about this, um, is that it's 24 dollars to my bill, but it's not.
So I think we need to make sure that that that is communicated.
Um if that is really truly the case, that across the board, this is like a 50 cent increase, no matter what size building you live in, except for the smaller ones who are going to be covered separately, and so they're not gonna have an increase at all, then to me that's a very different conversation than if it's a 24 per month increase.
But that means that we need you to you know pinky swear that it's fifty cents per unit, you know, in every in every situation.
So might it make more sense to you, the CPI today and make that go going forward and then bring back this the charts in May and just confirm the math is correct and everybody can see it.
And so we we don't have residents having a nervous breakdown emailing us why we just jacked their their trash bill by 24 dollars a month, which is not what you're saying is not going to be what's happening, but that's the way it's going to be read.
Again, through the chair.
Um so just to position us accurately.
This is a discussion item.
It's not an ordinance.
Ultimately, this would have to be done by ordinance.
So this would have to come back two more times, no matter what.
We're just having the conversation today to talk about how do we want to position ourselves moving forward.
Um I think there's probably some value in doing some additional breakdown, but we didn't want to um go through that additional step of putting the ordinance back on if there wasn't an appetite to take that up at this time.
So even if we wanted to do the CPI today, we couldn't.
It has to wait till the ordinance has to come back as an ordinary.
So what I'm getting from this is that you guys have very thoughtfully put this together for us so that we can have a dress rehearsal for how we're gonna have uh handle the water and sewer impact fee discussions.
That was a joke.
I clearly did not land at all.
Okay.
So since nobody else is talking about this, why don't you come back to us with it at CPI increase and the math behind what the the per unit cost will be?
Um potentially it's a first reading.
I mean, I defer to you guys if you think we can go from this discussion to a first reading.
And then I mean, at the end of the day, you know, public safety and utilities are the fundamental function of government.
And if we can't pay for what we're delivering, that's a big problem.
And we can have all the bells and whistles in the world and fight all the fights that we want about how things get done.
But if we can't make sure that our trash is picked up and that our toilets flush when when needed, and we can drink clean water, um, it's a problem.
I mean, I was in New York when they had the trash strike.
I can tell you that's not something you want to do.
It sucked.
And if I could correct the record, what was that?
Something I'd said 70s.
The impact fees are actually collected on the water bill.
Jason Green corrected me.
So just wanted to make that clear.
I'm sorry, I was busy defending my honor.
What was that?
Uh Jason corrected me that the impact fees are collected on the water bill, not on the waste taller bill.
Just wanted to correct the record on that.
Okay.
Right?
So it's the water bill.
Yes.
But it's not it's not the big fight that we're gonna have on the water bill.
It just gets delivered via the water bill, so we're not sending out two.
Right, but it's just another Vice Mayor Dominguez.
Uh I just had a question for the city attorney.
So this needs to come back as an ordinance, which normally has a sponsor.
Can we put out on uh the day is the day for the sponsor to be the city manager?
Well, that's something that we need to work on an ordinance to allow for the manager to place ordinances on the agenda, because currently that is not permitted under section 214 2-14.
Yeah.
That was probably correct.
Is that so can we do that?
Well, one of your colleagues may be working on an item to do that.
So I expect to see that potentially next month.
Alrighty then.
Commissioner Magazine.
John, just while we have you and we're talking about uh sanitation and things like that.
Any quick update on the gum removal and power cleaning process.
Uh I know this was uh an initiative that predated you.
Uh right.
Um, and as these machines were explained to me at the time, they were so intense and powerful that we couldn't even use them ourselves.
Uh, because I volunteered uh to help my time.
I said I'll I'll go out there and do this.
Um our public works director at the time said Commissioner, we we'd love to, but these machines are are so intense we would have to do a thorough training.
Point being, I would expect to notice them.
I am around our city quite often.
And I've never seen one of these machines in usage and anecdotal, but uh a lot of areas and sidewalks that I travel and notice that don't seem to be satisfactory.
Well where are we at in this gum removal and cleaning program?
They are in use.
I I would like to come back with an update or deliver an update by email if I could, because I don't have exact information.
I am confident that you could operate one of the machines.
So I I think quite literally sign me up.
No, I could.
I love power washing.
Yeah, it this needs to be done.
I mean, uh, you know, down in the uh South Point Drive.
I was noticing it.
It's it's disgusting, right?
That this is like I said, it's a theme I'm going to continue harping on.
We have to take better care of the appearance and aesthetics of our city.
And we brought the tools forward to be able to do so.
I would expect to see these machines quite literally in motion and works 24-7.
Right?
And we could even go as far as when they're not rent them out to other municipalities.
We could rent them out to the Miami DDA or other places that don't want to make that.
I I can assure you that the machines are being used, and I do a ride around town most mornings where I go in the entertainment district and check everything out around 6 30, 7 o'clock.
And you can see everybody in action.
I mean, everything is happening as far as keeping the city clean.
A lot of pressure washing, a lot of sweeping, a lot of blowing, trash pickup.
So maybe I maybe I just had the wrong perception because of how the machine was presented, but I was like, wow, when I see this in motion, I'm I'm gonna wow.
Uh I haven't seen that yet.
You hang out in the wrong part of the time.
Could be.
So I have a form of the idea.
Yes, sir.
All set?
I think the direction is to do CPI plus bring back the math as a first reading ordinance, possibly at the next meeting.
Yep.
Yeah.
That's my motion.
Second.
So a motion by Commissioner Bott to bring back an ordinance at the next meeting.
By Commissioner Fernandez.
All in favor, please say aye.
Aye.
Any uh opposed or none.
Direction is given.
7-0.
Congratulations, everybody for doing a hard thing together.
Awesome.
Great adventure.
It's called C7P.
C7Ps I accept recommendation, bring back ordinance related to water sewer and stormwater rates.
C7P was separated by Commissioner Bott, Commissioner Dominguez, Commissioner Mateo Salinas, and Commissioner Suarez.
C7P.
All right.
This is we have to talk about it.
We this is the elephant in the room.
We can just not bring it to commission.
And when our residents call us because there's a sinkhole where their truck built in, like in North Beach a couple of years ago.
Or their living rooms are flooded because the neighborhood impact project has not been funded because we didn't do this.
Or um we have 18 buildings in North Beach coming up, and guess what?
Nobody can flush their toilet.
Because we don't have money in the enterprise fund to pay for this.
We can take it down the road another 10 years, and the costs that we have now will be inflated by whatever the inflation range between now and 10 years.
And given the trajectory it's been on from 10 years ago, it's going to be much more expensive.
So this is not voting on the issue today.
This is voting on giving us the opportunity to have a robust discussion with materials prepared by staff to talk about what needs to happen and what is the best way to move forward, or if we want to um kick the can down the road for another decade, which is where we are, because prior commissions did exactly that.
And we will be um doing our community, our our residents, our hospitals, our businesses.
A huge disservice.
Can you imagine how much is Robert Rivani spending on this building?
So somebody comes in to invest 110 million dollars to build class X office space with attendant developer benefits, but uh um agreements or agreement developer agreement benefits to the community.
And they are charging top dollar for people to come in and run their businesses in the super glamorous, gorgeous, beautifully designed, it looks like it's in the field of dreams movie building.
Kevin Costner again.
Maybe, you know, maybe Kevin Costner will have a family office here, one can hope.
And they are hosting a client meeting to close the deal.
Somebody excuses themselves to go to the bathroom, and the toilet backs up.
How are we going to say that we are a world-class city, that we are the leaders in this in sustainability and resiliency?
Amy, you just toured people from the Netherlands coming here last week, right?
From the Netherlands coming here to Miami Beach to learn how we're doing things to prevent cataclysmic outcomes in the next number of years.
So this isn't even about whether or not we're going to vote on.
This is just moving it from this nebulous, you know, um purgatory onto a future commission agenda so that we can have this conversation.
So I will make the motion to move it.
So is this just to have a conversation?
Yes.
If I could through the chair.
This is the item coming out of the finance committee where the item was supported to bring forward an ordinance to the commission to discuss the rate increases.
However, as you heard from the city attorney on the last item, I cannot bring forward an ordinance unless there is a sponsor.
And there is currently no sponsor for the ordinance.
So we are discussing the concept of a utility rate change, but there is no item before you that actually would effectuate that because there is no ordinance and make a motion.
So what's the motion is to bring it to the agenda for next month to have the discussion.
How second?
Thank you.
Rick.
The chair.
As the manager just explained, without a sponsor, the item cannot be brought back as an ordinance unless and until there's an ordinance that amends the existing code to allow the manager to place it himself.
So the other thing we could do is that we could all unanimously move this from purgatory onto next month's agenda to have this discussion.
It doesn't mean we're voting on it, it just means we're having a conversation.
Isn't that your motion?
It is now.
The motion is to all of you to be co-sponsors.
Correct.
To just have the conversation.
And just a reminder, FERC voted on this unanimously to bring this back to the commission.
How did FERC vote unanimously if there was no sponsor?
Because it was referred referral to FERC.
From who had to be from somebody.
I don't remember.
If I may, it wasn't as a, I think as an or it didn't have a sponsor as an ordinance.
It was a discussion.
So you so since it was just a referral referral, does it require a commission sponsor?
Well, it was referred, I believe, when the ordinance that was heard previously was split and was bifurcated.
And so you all approved the water connection CPI increases, but you bifurcated and referred to FERC this other component.
Oh, I think that's a different item.
Yeah.
I think this comes from last year when there was a discussion.
So it's actually been twice at FERC.
There was an initial, I think administration one that did gain some sponsors.
Uh there was a discussion at FERC about a year ago on this.
It also came out of FERC with unanimous uh support of the uh under the prior public works director uh for that utility rate structure uh and then was kind of tabled uh at commission and then we uh uh brought it back.
So I think it was sent from commission to go back to FERC for further discussion with that.
But it actually it originated at the strategic planning session.
Yes, we talked about what we had as far as infrastructure needs and the long-term uh viability and success of the city.
And I think it also uh first discussed when the commission approved an 85 million dollar intent uh attempt to declare uh declaration of intent to issue uh on the on a water and sewer bond that was approved about two years ago, where we said this was basically the last of the financial capacity within the financing model for our capital projects, and we would have to be coming back with a different utility rate structure to effectuate all of the numerous hundreds of millions of dollars in NIPs, critical needs projects, and such like that.
So this has been a process that's been going on for years, uh and the commissions have approved all of the NIPs, the critical needs program for water and sewer, critical needs for stormwater, and as you know, I think it was discussed on several occasions, wherever a billion dollars in capital projects really it's a resiliency water quality and infrastructure.
And through the chair, if I may.
We've just stopped the stop the pause and and started doing these projects again, which people are so grateful for.
But if we don't even have the conversation, I'm not talking about how we vote on anything, but without even the conversation, everything that we have approved comes to a grinding screeching halt.
And stuff that is in the design and development phase, it doesn't get built.
So I'm not suggesting how anyone's gonna vote.
We don't have the matter before us yet, but we we have to have the conversation.
It's a complete dereliction of DODE to not have the conversation.
Can we just move this forward?
Uh we're sitting here discussing whether to have a discussion.
That's exactly what's happening.
So let's just say that there's no sponsor, so we have to we have Commissioner Bott is is recommending the order.
And I'm willing for you know, out of collegiality, I think, you know, I think we all realize we have to do this, it's not an easy task.
Um it's probably the most responsible thing to to do it all as a team.
That would be awesome.
So that's still have a discussion.
Yes.
Well, it's gonna be a discussion about the ordinance, but it has to be brought as an ordinance, not a discuss take action.
Correct?
Yes, an ordinance.
That's the thing.
The commission doesn't need to approve the ordinance.
You can work with the modify item is bringing forth an ordinance so you can probably consider proposal.
I I just you know, just look, I I'm gonna so just telegraphing where I'm at.
I you know, I'm looking at the numbers on how the the increases go.
I'm not comfortable with it now, so I don't necessarily want to be a sponsor on this.
I'm more than happy to to approve to have the discussion.
I just don't want to be a sponsor of it right now.
All you're sponsoring is the discussion.
No, but what we'd be sponsoring is the ordinance itself.
I can't have a discuss take action with an ordinance.
Uh I mean that's okay with me, but I don't want to sponsor I don't want to be sponsoring an ordinance for a rate increase.
I forget who we delegated to have the Fountain Blue discussions, but whoever was that, let's just have that as a sponsor.
A two brute.
That is good.
I mean, or the other option is that the finance committee sponsors it because I wouldn't be impartial.
Because they the finance committee voted unanimously to move this back to commission.
So move it back to commission.
Honey up, boys and girls.
If I may, we could do gum removal and pressure washing for everybody.
All sponsors.
I don't want to do gum removal.
I just want to do pressure washing.
I mean, how long is it going to take for that uh legislation to pass the city staff or administration can sponsor an ordinance?
This is insane.
We are sweating bullets about the fact that we want to have a conversation about doing something that is fiscally responsible.
And we can't even have the conversation about this.
I have an idea.
Why don't we do it as a discuss-take action?
A legitimate discussion.
We'll all give our views and we'll see where we're at.
And then we'll draft the ordinance accordingly.
Because right now we haven't even had the conversation.
We're having a conversation about the con having the conversation.
So I'm okay with that.
Let's let's I don't know if now is the right time.
I I'm happy to do it now.
At the end of the day, it's just you're still having a conversation.
And you whether I guess what you're saying is you're gonna have a conversation regardless of how you uh you know wrote how you label it.
But and then if there are enough votes to go through, then we'll draft the ordinance and bring it to the next meeting.
Exactly.
Does that work legally?
As long as somebody becomes a sponsor once you all agree to something, yes.
But right now, but but then it wouldn't be the ordinance itself, it's just a discuss take action.
Understand, but if you have the discussion, someone will need to or the manager if if we allow that to happen.
Well, the item itself right now, and yeah, perhaps people would feel more comfortable putting their name behind it if they kind of if we quantify actually what it is.
I mean, we can have a discussion right now.
That's fair.
And I have a uh short and entertaining presentation if you want to see it.
I gave it a 625.
How short and how entertaining?
Very short and very entertaining.
You know what?
I I this is a really serious topic, and I uh we're all exhausted.
And it has been a really meaty conversation uh day of conversations, and I know we all want to make this happen sooner rather than later.
But I think to get the fairest hearing at 6.25 after a you know pretty heavy lifting.
It's not it's so just kicking the can down the road.
So let's just take the can down the road to next month.
I'll sponsor the ordinance.
And then we can have the discussion.
I'll co-sponsor the the newbie.
Taking one for the team.
If if that means we can move on from this discussion right now, I'll just sponsor the ordinance.
Now we know when we need a sponsor, put at the end of the agenda.
So I think I still think we should all co-sponsor the discussion.
Like I think it should be all of us.
We're all elected to represent all of our residents and all of our residents don't want to have their cars floating away.
They don't want to they don't want to um have the toilets you know flooding into their living room.
I I think that's awesome, Monica, but to be grown-ups we should all be doing it.
I'll just say, like for me, one of my challenges with this is that you know, whenever we get to discussing this, which I guess now I'm entering into the territory of discussing this, is shifting you know, shifting the burden um from you know, right now us a small property owner, small unit owner is paying the same on stormwater as a big property owner.
But that's stuff that we that's and so and so to me that's an in that's an inequity.
What's that?
It's not accurate.
But that's why we need to have the discussion.
So let's just move this as a discussion and let's go.
Okay, can you report this?
So just give me directions.
C7P is being withdrawn, and we're bringing back a discussion on the subject in May 2019.
Well, I heard Commissioner Mateo Salinas would be a sponsor so we can bring back an ordinance.
Yeah, discuss the ordinance.
So that C this item is immaterial as long as we're bringing back the ordinance.
So what do you want to do with this item?
I mean, this is just accept the recommendation of FERC.
So it takes off what we're doing.
You want to then vote on this item as amended with Commissioner Mateo Salinas as a sponsor and Commissioner Bata's uh co-sponsor.
Well, yeah, okay.
We don't need a sponsor for a resolution.
That one I can do, and I put this on to accept the recommendation.
If people want to vote on it, that would be great.
If they don't, that's okay too.
We're bringing back an ordinance next month, either way.
So we can just approve then C7P as is.
Yes.
Okay, so I have a motion by Commissioner Bott, uh second by uh Commissioner Mattel Salinas on C7P.
All in favor, please say aye.
Oh, your mic and what we're voting on.
It's just to bring the ordinance.
Accepting the recommendation of FERC to bring an ordinance to commission to discuss.
But you've been saying that we need a sponsor.
We do.
And I believe Commissioner Mattel Salina says she would be.
And and co-sponsored by Commissioner Bott.
Okay.
So well, no kidding.
I mean, but look, the reality is the reality is that there are four of us on this day right now who are facing an election yes next year, and to not do what is right in the financial well-being, the fiduciary responsibility for this 82,000 resident billion dollar budget world-class city, because we're afraid that doing the right thing is gonna mean that we get nasty grams for our elections.
I'm not about that.
That's not who I am, it's not who I've ever been.
I'm not gonna back down now.
So I you know what I am going to co-sponsor this with you, and I'll do it proudly.
Thank you, Monica.
And everyone can take their shots at me, and if they don't like the fact that that we're being grown-ups in the room, well, they'll thank me when your toilet doesn't overflow.
Yeah.
I think it's, I mean, obviously that's a part of it.
I think there's more to it than just that.
So uh, but uh not for today, but I'd love to see the presentation maybe tomorrow.
Um all in favor.
Aye.
Anyone opposed?
Hearing none, the item is approved as is C7P 70.
Okay.
We haven't heard a good police item in a while, so let's do R9Z.
R9Z is discuss, take action, police department promotional process.
Didn't we already?
Commissioner Morez.
Thank you.
Mr.
Mayor.
Um of the complaints I get from any of the rank and file police is that um the promotional process seems to be broken in terms of um how candidates get elected to be promoted in within our police department.
And what I found very surprising was that the process that we have in place currently is basically geared toward written tests.
And there's no let's just say merit involved in the uh in the selection process of um of how our leaders within the police department are being promoted.
And I found that, you know, I found that very um I found that very unfair.
And there's a particular officer who I believe went above and beyond.
Um he was he was the one who this is Officer O'Fay.
He was the one who found the criminal that held up our colleague here at gunpoint in his parking garage.
And I actually have a video, a quick video of the altercation.
I'd and I'd like to show that.
So uh PJ, if you could put the Petri video, uh Petrie V7.
What's up, man?
What are you coming from?
Huh?
What do you mean by jump from?
I'm just asking you.
I just got a call.
For what?
Somebody on the scooter got into an argument with somebody in a car over there.
Oh no, that wasn't me.
Let me see your ID, please.
So I can just document this.
I don't have an ID on me, sir.
What's your name?
Christopher.
So have your glasses for me?
My name is Christopher.
Christopher Peter.
Christopher What?
Petrie.
P-I-T-R-E.
Alright, listen.
We go back down with I'm gonna tell you for now until we forget exactly who you are, right?
Why I didn't do anything.
You went straight for it, man.
So what I want to show, what I want to highlight on this video is a couple things.
Uh Officer O'Fay knew that that was a subject.
He was the most wanted person in the city of Miami Beach at the time, if everyone remembers.
And instead of drawing out his pistol, saying, get on the floor, and and getting into an altercation, he made up some bogus story saying, hey, some guy in a white Tesla was complaining about you.
And that completely threw him off guard.
And what I don't think you see in the video is like he's like, look, let me just I just gotta clear this up with my boss, and then you're free to go.
Obviously, Officer O'Fay knew that this was the subject.
He once he was able to put him in in handcuffs, he was able to retrieve it, Christopher Petrie's firearm, which had a which was loaded and one in the chamber.
And through what I call Street Smarts, he was able to successfully capture a wanted dangerous criminal.
Okay.
And when Sergeant O'Fay tried to be promoted, he was literally, I think, one of the last people on the list.
And I think there's something wrong with that.
I think there's something broken with that system.
And I've worked with the chief on this.
But I do believe in the next round of negotiations with the FOP that there needs to be a direction given to our city manager that this is a first line.
I wouldn't say I wouldn't say non-starter, it's the opposite of a non-starter, but basically that this is going to this promotional process needs to change.
And it needs to be based on merit.
You know, we just extended the chief's contract by two years.
We give him all of us give him the privilege and the deference on how he thinks the police department should run.
So much in fact that we went above and beyond and extended his contract.
I think it'd be crazy to say that we don't give him and others in his position the ability to choose who is going to be promoted and who's not going to be promoted.
That other departments in the Date County have the sheriff's office does that.
Sheriff's Office.
For example, called the rule of three, where the chief can instead of having one person, which is a rubber stamp, you get to choose between who gets uh the promoted of that three.
And what I'd I'd like you to speak for the mayor or vice mayor, if that's okay.
On what do you see as some of the challenges as it comes to this that you face now in the promotional process, or what you would like to change, and you know, your overall sentiment because I think we all hear clearly uh trust your judgment.
And we trust that you know what's best for the city of Miami Beach, and how the rank and file get promoted based on what I believe should be a merit system instead of a test-based thing, test-based system, strictly on uh uh uh uh on a written exam.
So maybe you can give us a little more information on that.
Sure.
Uh Wayne Jones, police chief, and thank you, Commissioner, for having this conversation.
Uh as of I think mentioned to you in the past, um the system we currently have in place is contractual, it's negotiated with the union, and only way to change that system would be through uh contract negotiations.
Um the system we have has been in place for a decade and a half, maybe two decades.
Um much of the test is weighted on a written test.
Part of it is based on assessment tests, and then there's a combination of seniority points that that's added into the form as well, and educational points just added into the form as well.
From that a list is produced, um, running from one to whatever, and the way the current system stands is I have to promote in the order uh of that list.
One through five, for example, would have to promote people in that order.
Uh I do believe this is an opportunity for us to have a really strong conversation with the union about how we we fixed the test.
There's a number of models out there that is used nationally that differs from our current model.
Um one might argue models that are more modern than the one we we we use that uh would help us really sort of um have the best of the best rights to the top of the list and then have a uh choice in that.
Okay.
Maybe you can go through some of the challenges that you've seen with the current system.
Yeah, I've seen very experienced police officers, um, uh particularly NRO comes to mind.
I don't want to put his name out there, uh, comes to mind.
Very experienced officer has a lot of equity uh with the the staff of a police department and the rank and file.
Uh he knows what he's doing, hasn't done well in previous examinations, and I think he would have made an excellent, excellent supervisor.
And so I'm not sure which uh model of testing out there would help us produce a person like that be a leader uh in the organization.
There's got to be something that's better than what we have right now.
Okay.
And so I guess what I'm asking my colleagues to do is well, first I'm bringing this to everyone's attention, and I think you know, and this is discussions I've had with the chief multiple times in the last year.
Um, that we tell our city manager and what do you what is your department, Mark?
Like the the negotiation team?
Um last several contracts have been the leader of the case.
This is we we want a we want a reset on how the promotional process is handled with the police department.
Um Mark, at the last negotiation did was this one of the requests that we have, and uh how how adamant was the FOP on not doing this.
I mean, you know, it's great that we're having a discussion now, but when it comes down whenever where the rubber meets the road, you know when when would this have to really come to a head?
It would have to come to a head at the very next session.
Um they have pushed back in the past when we've discussed rule of three.
Um I'm very familiar with rule three.
I worked in a system for more than two decades in a system that had rule of three and worked very well.
Um so I'm very familiar with that process.
Okay.
So look, colleagues, I I don't know how you you feel about this.
Um, you know, we have our chief telling us that he would like to see reform and it would give his it would make his job a lot easier.
Uh I'd like to see where everyone is.
Commissioner Fernandez.
So I you know, I think to your point, we have just extended the chief for for another two years.
I think it's because we we we trust his judgments.
And I think we have to trust this judgment when it comes to to these promotions.
And there's a lot of things, yeah, and an examination, a test might be able to measure a lot of things.
But then there's other skills that an exam won't be able to measure.
Their leadership presses, as you well pointed out uh through that video, their um their their judgment under incredible pressure, their emotional intelligence.
There's just so much that that an exam won't be able to measure that can only be done through the discretion of the chief of police.
So I am completely in favor of this.
I'm glad that we're having this conversation early.
That way, you know, our our negotiating team and the negotiators can, you know, you know, have this part of whatever strategy they need to consider uh going forward, but to me it makes sense.
I'll get you back.
That's from I would like to um add some context to this conversation or some thoughts.
I've also been talking to the chief about this for uh quite some time.
When we were elected, we walked into a contract negotiation with the police department and was sort of handed what had been negotiated.
And we had some very heated conversations about what we wanted to see done differently for the next time.
So I think this is a great time to bring up these kinds of conversations.
I have a concern.
So I think that that the current system is not sufficient, and I also think the rule of three is not sufficient.
And I want to explain why, so that we can bake this in as we move forward.
The current system does not allow for any other skills other than being able to cram for a test.
And you might be the best police officer in the world and not be able to take a test.
Or you might be the worst, least effective, crappiest police officer in the world and be a great test taker.
And so that to me, I can't fathom why that has been around for as long as it is.
The rule of three, I understand the concept of it.
What concerns me if that it, you know, long after we're all gone, you have a police department that's full of really lousy people who are only looking out for their cronies, that that is a problem.
So my understanding in speaking with the chief at at some length about this is that there are systems that are used by police departments around the country that have elements of both.
So you have to have the book smarts because at the end of the day, we don't want people running around town wearing the badge and not knowing the laws and best practices, and also evaluates people on their street smarts and interpersonal skills and management skills, because that is also a very important part of policing.
So where I would like to see this net out is when you come back to us with a contract or you update us on where we are, is having something that is a hybrid.
And my understanding, please please um jump in, Chief.
I don't want to put words in your mouth, but that is exactly what you are are and have been agitating for um for years.
Not agitating, advocating.
Absolutely.
You know, there are eight yeah, I was bothering.
There are 18,000 plus police departments in this country, um, and they're narried of models that are used for promotional purposes.
Um certain we can find one that's better suited for my beast police department.
And I just want to be clear, yeah.
I just threw out the rule of three as a suggestion.
It's not, I didn't say that you have to do that.
I mean, there's also a panel, for example, that we've talked about where it's an outside panel of other chiefs that can also look at it.
That that's sort of I all I'm saying is I think what Commissioner Bott is also saying is you don't want to rely on one way to judge someone.
I certainly don't think the right way to judge someone is on a written piece of paper or some oral exam or you're looking in front of a camera and you don't even know who you're speaking to.
I also don't think that correct, we're it's just you know, once you're gone, if we have a chief who's you know, just only promoting his friends, I certainly don't want to see that.
But I think, you know, sort of like our our government, you know, there's three branches, maybe there's three systems of check that you really have to be be passed before a promotional process, and each system is very different than its own, so that you really do have it based on merit and experience than just test taking.
So I think what you're getting from us, I mean, I just we just heard from Commissioner Fernandez and Commissioner Bott that I I'm hoping others chime in that there's an appetite for change as opposed to what's been going on for the last how long?
How long has this been gone?
I I estimate around two to uh 20 years to take it.
And you know, cons look a lot of us got elected, so to push back on the status quote.
Um it's easy to say everything's fine, but you know, we constantly have to evolve as a city, and all our departments have to continuously strive for the best, right?
And uh just because it's been doing something for 20 years doesn't mean that it has to continue if if we can make it even better.
So I don't know how my other colleagues feel about this.
I mean, I I I'd certainly love to give more I guess direction to our city negotiating team.
Because I can tell you this is gonna be very contentious, probably, right?
I mean, Bobby's not here, and I'm sure if he was, he'd you know, be blown up, uh, which is fine.
I you know, that's what he's supposed to do.
Um, but you know, there there needs to, in my opinion, we need to see a fundamental change in um in this particularly this on on how we promote our rank and file.
Commissioner Bott.
Um, so I I don't know if this is permissible, so if it's not, um let's not.
But Reggie is here.
And do you know you don't have to if you don't want to give us a sort of snapshot of what you think membership would feel like.
And if if it's not appropriate, don't.
This is not a command performance.
Good afternoon, Commissioners and the mayor.
Uh all I can tell you is is um the union is always willing to work with the city and uh the administration to do right uh by our members, uh, but also do the to do right by uh by the city.
Uh if it comes up at contract negotiation, then we'll we'll look into it and and we'll try to do the best we can.
I think a lot of times, sometime in contract negotiations, uh, you know, the city has things that they want um that's important to them.
The union has things that's important to them.
And sometime the main issues that can really shape a good contract, or not even a good contract, but that can really shape change, those issues get lost on both sides.
Uh so all I can tell you is is that uh knowing the the union and the body of the leadership, that we will um definitely uh come to the table with open minds uh to take take a look at change.
Change is always good.
However, I do agree with um, I do agree with you, Commissioner Bond, uh, about the rule of three.
There is a lot of concern there uh from the leadership, I mean from the um ranking files, is that um, you know, in police work, unfortunately, police is police officers are not the most uh we don't always trust individuals, even within the rank and file sometime.
And so uh you can easily have a situation where it's not Chief Jones, and you may have a chief that just maybe 15 years ago, 20 years ago, uh you made him mad, and then now you're up for a promotion the rightfully way, you went through the process and he can skip you.
So we are there is some concern there in terms of that that I don't think um that we would uh agree to uh a rule of three.
And it has nothing to do with the current leadership, whether it's the chief and his uh command staff or even the commission, because you all have done a amazing job in being supporters uh for uh the union, but it's just not a system uh of fairness uh when you start talking about a rule of three.
And respectfully, I do uh understand what uh city manager uh taxes is is referring to uh because I did work for a department uh where they had a rule of three, and and uh I can tell you for some it was good and for most it wasn't.
So thank you.
Thank you, Reggie.
Thank you.
Now you blew his cover, Commissioner.
What's that?
He blew his cover now.
Everyone knows he's a cop.
Right?
Sorry.
So, Chief, I mean, look, uh do you I'm not trying to put you on the spot?
I guess I am.
Would you would the you know let's just assume the rule of three was a sort of piece to the puzzle.
Would would that help you as a chief?
I think any chief you ask if it gives them more latitude, uh how would they uh may objectively think is the right candidate for a job uh above others, I think he or she would say, yeah, absolutely.
Um but uh I think in the conversation I had with you, I I I mentioned that uh knowing the union like you do, they would never support that, and so we have to find other ways to um change the current testing process.
Yeah, okay.
Okay.
Great.
Good discussion.
Thank you all.
Guess we'll discuss it more during the uh next contract.
Sure.
Uh let's call R7B.
R7 R7B approval of proposal artistic graphics at 1651 Washington Avenue.
It is a public hearing.
Mr.
Mayor, I can just make the introduction.
Um, under the land development regulations of the city code, any time a uh artistic supergraphic on a building uh exceeds 100 square feet, in addition to the applicable land use board, approval from the city commission is required.
This particular instance, the historic preservation board approved two separate murals that total 450 square feet.
It's on the rooftop, it's not electronic, it will only be seen by patrons of the rooftop.
Um the applicant is here to make a presentation if you would like, and the administration recommends approval.
I'm happy to move the item.
I'll second.
I'd love to see what it is.
Go ahead.
All right, I will be very quick.
Everyone's exhausted, including myself.
My name is Paul Savage.
I'm an attorney with offices at 200 South Biscayne Boulevard.
I'm here on this item uh representing the Jamaj Gym and 2050 rooftop restaurant that has been fully approved already.
And the only item as Tom Mooney described before you is permission for this uh electronic projection that is strictly going to be viewed on the top of the rooftop by the patrons inside, and the staff was very um adamant that we have full vegetative buffering up there and comply with all regulations that it cannot be viewed from the city street.
So if you can please pull up the presentation, I'm gonna go maybe just show two slides out of 18 or something like that.
I'm looking at the tired and hungry faces.
Um yeah, so let's just uh go through this.
Is the site here um at the uh end of Lincoln Road and uh Washington?
Uh my client operates the Jama's Gym there on the second floor, and this application pertains pertains to a rooftop uh new restaurant there.
Um as Tom Mooney explained, the only reason why we're here is we are exceeding the 100 square feet.
We obtained unanimous approval at Historic Preservation Board and favorable staff recommendation in front of both bodies.
If you can please click it along, uh keep going, please.
Keep uh that's the rooftop um uh diagram.
Uh we're only gonna project it in two positions.
Uh again, strictly internally to the site.
Please continue.
Um, this is probably one or two of the slides that we really want to look at.
It is a uh rendering.
Um the most important thing of uh that I wanted to say this afternoon was that um this is just about the vibe of the restaurant.
This is going to be uh these organic nature-inspired.
This here is uh it's not the greatest rendering, but uh you know, like wild orchids in the Everglades, things like that, very artistic.
Um and no, you know, nothing tacky, no prohibited advertising, nothing like that is permitted.
So um, and again, uh, and then this is the other smaller one that is uh that's looking to the southeast, right behind that little tower that you see on the corner.
Uh and again, uh not only did we have to show that we're gonna have the vegetation, but we had to prove up that we're gonna have irrigation and facilities to make sure that that actually works and lives.
Um so with that, um I'm happy to show some more, uh, but um looking at uh the direction of the uh vice mayor, uh I'm gonna go ahead and uh respectfully request uh approval of our uh projection.
Thank you.
I think we have uh motion and a second.
Ralph, will you call a vote?
Yes, ma'am.
Is a public hearing, no one on Zoom, no one in the audience requesting to speak on R7B.
I have a motion by Commissioner Fernandez, secondary by Vice Mayor Dominguez.
All in favor, please say aye.
Aye.
Anyone opposed hearing none, the item is approved 7-0.
Congratulations.
Thank you so much.
And uh you guys worked very hard today.
Thank you so much, appreciate it.
Thank you.
Uh C4O, that was pulled.
I believe you have to recuse uh Vice Mayor.
C4O is a referral to finance grant for Miami Beach High School attendance to World Quest Championship.
It is uh sponsored by Commissioner Fernandez.
I move the item.
Second.
Call the vote.
Uh hold on.
Uh Commissioner Dominguez has to leave the room technically.
I have a motion by Commissioner Fernandez.
I heard a second by the mayor.
Is that correct?
Sure.
All in favor of C4O, please say aye.
Aye.
Anyone opposed?
Hearing none.
One I have Commissioner Dominguez as being recused.
Okay.
C7X.
C7X is increased by beach hours.
It was separated by Commissioner Bott.
I wanted to talk about this.
I don't know.
Does somebody from the staff want to introduce it?
Do you want to introduce it?
Sure.
John?
John, why don't we sure just and just I just want to preface it real quick.
You know, we already have three dog beaches.
The hours are very confusing.
The intent of this is to make it very easy to understand, a lot easier than it is.
It would be better to contain dogs in particular areas of the beach than having everyone just bring their dogs everywhere else.
Beh my intent on this.
It just makes things a lot more clear.
We already have it for limited hours.
Yes, and now when people see that there's an actual place where you can bring your dogs in the middle of the day, you kind of encourage proper or respectful um enforcement of the law.
So John, if you want to go ahead and bring it up.
Thank you, Richard.
The only thing I'll add to what you said to where the on where the locations are on on the beach, 21st Street, 53rd Street, and 81st Street, and one other thing is staff reviewed this.
We are our hours now do work around the turtle nest um inspections and that oversight in the morning.
So we regardless of what the commission would like to do with the hours, we still would like to be sensitive to those hours as related to journal nesting.
So I pulled this um because I think it needs to go to neighborhoods to be fleshed out before it goes um into just becoming an ordinance.
And I think that there have been a lot of residents who have concerns about this.
And um I I do like the idea of making the hours a little more consistent, but I I think we need to flesh this out before we just go forward.
So I'll second that.
Yeah, I was just thinking we'd do that before first and second, but if you want to go ahead and send it to neighborhoods, yeah, I think so, because that way neighbor residents can get involved and give their experience.
This is not an ordinance, this is just a resolution because there's an ordinance that gives direction, allows the manager to set hours based on direction.
So there would not be a second reading.
Okay, so even more reason to go to neighborhoods to flush this out.
Uh well, Fernandez away Commissioner.
Um think you hear it at the next neighborhood's meeting?
For sure, yeah.
My pleasure.
All right, thanks.
Okay.
All in favor?
Aye.
The referral, I have a motion by Commissioner Bott to refer to public safety.
Uh seconded by Mayor Minor.
All in favor of the referral to the next one.
Uh please say aye.
Aye.
Aye.
Anyone oppose?
The item is referred to public safety neighborhoods at 7-0.
Okay.
Two two minutes left.
Uh C7AI.
C7AI was an addendum.
So uh confirmed 2027 future proof event dates.
C7AI.
Second.
Uh motion by Commissioner Magazine.
Seconded by Commissioner Fernandez on C7AI.
All in favor, please say aye.
Aye.
Anyone opposed?
Hearing none, the C7AI is approved 7-0.
C2E.
C2E issue RFQ 2026 072-ND health care benefits consultant services.
Uh C2E was separated by Commissioner Fernandez.
Got one minute.
Commissioner Fernandez.
Thank you, Mr.
Mayor.
And well, I and I fully support moving forward with this RFP, but I wanted just to briefly pull it for consent uh because I would just want to make sure that we're setting the right uh expectations.
This contract, I believe it's gonna shape shapes how uh we support um the our employees' health care system and the expectations board.
Is that is that correct, uh Christy or Marla?
Yes, sir.
Okay, so I just want to make sure that you know we just set some expectations because I know traditionally health care has been one of these areas uh in in the budgets that tend to be the fastest growing.
I know as of the past couple fiscal years, perhaps we've been able to contain that, but I think it's important for uh for this consultant to set the expectation that we want them to continue slowing down cost growth in healthcare and also an important focus on on employee satisfaction.
Uh employees satisfaction is something that we used to have that we didn't that we don't have anymore is um is if an employee-facing service, um you know that that on-site representative that we used to have with the insurance company uh that was so helpful to to our employees and that we don't have anymore.
So I just want to make sure that um that that as we consider this item, uh that we set the right expectations so that whoever the consultant ends up being is able to meet the expectations of what the city is going to want.
Thank you.
We'll make sure to do that.
Thank you.
I move the item.
Okay.
Uh motion by Commissioner Fernandez, seconded by Commissioner Suarez.
All in favor, please say aye.
Aye.
Aye.
Opposed, hearing non-C2Es approves 7-0.
Thank you, everybody.
Great meeting.
Appreciate it.
Um adjourned.
2026年4月22日迈阿密海滩市委员会会议摘要
2026年4月22日,迈阿密海滩市委员会召开月度会议,会议于中午12:30后开始,涉及多个议题,包括交通、停车、公共安全、经济发展和环境政策。会议包括公众评论、委员会讨论和多项投票。
同意议程
- 大部分同意议程项目获得批准,但若干项目被单独分离出来进行讨论,包括C4O(专员Dominguez回避)、C2E、C7P、C7U、C7AF等。
公众评论环节
- Joseph Frias(码头社区成员)感谢专员Alex Fernandez和Terra Group讨论码头项目,并请求城市在码头基础设施和执法方面保持主动。
- Honor Gande(居民、企业主)对Padel球场(结构而非球场)提出关切,认为其造成光污染和噪音,并质疑设计审查委员会成员的伦理披露,要求城市在审批时考虑环境影响。
- Manny Orozco(终身居民)支持拖车改革,称拖车行为是掠夺性的,并建议为在过去12-24个月内因轻微违规被拖车的居民提供追溯性上诉窗口。
- Matthew Galtanoff(居民)引用Signal 4 Analytics数据指出2025年迈阿密海滩有9人死于交通事故(前一年为5人),呼吁加强行人安全,并询问城市为Vision Zero计划所做的即时努力。
- Mitch Novick(物业经理)抱怨垃圾处理费上涨17%,敦促引入第三家垃圾处理公司以增加竞争;反对水费每年10%的增长计划,称基础设施改善费用应已通过历年增长覆盖。
- David Sexton(30年居民)支持Byron Carlisle项目,并强调当地公司Brooks Scarpa Architects与社区的紧密联系。
- Rachel Siegel(居民)请求为小型犬设立早间无绳区域,让8磅重的狗得以安全奔跑。
- Omar Jimenez(北滩居民)呼吁关注Tatum Waterway Walkway因与县/学校委员会的土地协议陷入僵局而缺乏照明和安全升级的问题。
- Mark Gilman和Judith Smeigle(居民)强调街道安全,询问警察局目前正在采取哪些措施确保十字路口安全。
- 下午时段,Brenda Jordan和Janet Figueroa(艺术家供应商)呼吁公平对待艺术家供应商计划,要求将现有供应商纳入保护条款。
- Andres(南角路居民)指出395号公路西行交通因新开发项目(Watson Island)而恶化,呼吁州政府使用征用权拓宽出口车道。
- Omar Jimenez(北滩居民)再次提及Parkview Island停车问题,指出该岛仅有125个路边停车位,却发放了超过450个许可证,请求临时将付费地面停车场改为居民区。
讨论事项
- R9L – 安全护柱:专员Magazine提出在Ocean Drive北端和Mid-Beach海滩步道安装美观且实用的安全护柱,以阻止未经授权的车辆进入。CIP主任David Gomez表示已进行全市范围研究,将提出临时和长期解决方案。
- R9T – 北滩交通拥堵:广泛的讨论涉及交通信号协调、AI优化试点、州级法律限制(无法因道路容量拒绝开发项目)、信号控制权的争取、以及执法问题。交通局局长Jose Gonzalez报告了AI优化试点(Rhythm Engineering),公共工程局局长John Norris提及交通信号灯与停车标志转换的研究需求。警察局局长Wayne Jones展示了56分3秒从63街到71街的亲身经历。专员Mateo Salinas提出动议,研究替换交通灯为四向停车标志并转介财务委员会;另一动议要求在Collins Ave和71st Street增设减速带;专员Bott提出动议要求行政部门为停车和法规部门配备电动自行车。
- R9AH – 北滩停车执法:专员Suarez强调Zone 26居民停车区的执法不足。停车主任Will指出有450次非商业拖车,但居民感觉缺乏执法。专员Bott建议利用CRA资金增加执法人员,并采用分阶段方法。公众成员Ralph Andrade(来自拖车公司)讨论了货运装载区摄像头和即时警报系统,并指出2015-2018年警方与停车部门联合执法的成功历史。最终指示停车部门在5月提供人员配置分析。
- R9D – 神经包容工具包:迈阿密-戴德县委员Raquel Regalado展示了神经包容工具包,涵盖第一响应者培训、感官友好活动、就业支持等。她强调1/5的佛罗里达人存在神经多样性,并呼吁迈阿密海滩为神经多样性成年人开发更多项目。
- R7R – 度假税债券退款:批准发行2026年系列债券以退还2015年债券,预计节省1330万美元(每年略低于100万美元)。
- R5A、R5B、R5E、R5F、R5I:多项土地开发法规修订获得二读通过,包括临时地面停车场的行政审查、广告费、两户住宅空地要求、自行车共享站、以及水/污水影响费的CPI调整。
- R5Z – 旗杆纪念岛游泳区:一读通过,批准推进建立游泳专用区(距岛屿150英尺)的许可程序。
- R5AE – 烟草/电子烟店例外:讨论关于Mohammed Islam的便利店(位于北滩商业叠加区)的例外请求。法规禁止新烟草/电子烟销售,但Islam声称购买时不知晓。经过辩论,通过一读,期限为一年(日落条款),且店铺必须无违规。
- R5N – 塑料装饰禁令清理:二读通过,澄清在公共场所禁止塑料和金属化装饰的规则,以纠正先前立法中的无意影响。
- R9E – DRB上诉 (La Gorce乡村俱乐部的Padel球场):上诉人Honor Gande(邻近业主)对DRB批准在距离其房产20英尺处建造四个Padel球场提出上诉。委员会听取了双方律师的论点。由于缺乏声学证据和通知问题,委员会以5-2投票决定将此事推迟至5月20日,以便各方进行调解。
- R5AG – 货运装载区罚款:一读通过,提高了货运装载区违规的罚款(初犯$1,000,二犯$5,000,若阻塞车道可达$15,000),并统一了全城货运装载区的时间(周一至周六,上午7点至下午3点,限时30分钟)。
- R7V – 1691 Michigan办公楼租约修订:批准修订租约,允许承租人Ravani Group再投资5000万美元,将屋顶停车场改建为办公和餐饮空间,并延长租期。须提交公投。
- C7P – 水/污水/雨水费率:委员会接受财政委员会的建议,同意将费率讨论带回下次会议。专员Mateo Salinas和Bott同意作为条例提案人。
- R9Z – 警察晋升程序:专员Suarez提出改变基于笔试的晋升制度,支持基于绩效的混合制度。警察局长Wayne Jones和工会代表Reggie表示开放讨论,但对“三选一”规则提出保留意见。
- C7X – 狗狗海滩时间:转介至公共安全委员会,以简化现有混乱的时段并考虑海龟筑巢问题。
关键成果
- 投票结果:
- R5AE(烟草例外)以6-1通过一读(1年日落)。
- R9E(Padel球场上诉)推迟至5月20日(5-2)。
- R5AG(货运罚款)以7-0通过一读。
- R7V(办公楼租约)以7-0批准。
- C7P(费率讨论)以7-0接受建议。
- 各项土地法规修订均以7-0获得二读批准。
- 委员会任命:Karen Sepsewall(名人堂)、Charlotte Tomick(经济适用房委员会提名,但住房管理局任命被拒)、Aaron Sherone(动物福利委员会)、Mendel Felig和Michael Rosen(调整委员会)、Diliana Alexander(文化事务委员会)、Raleigh Hernandez(Normandy Shores委员会)、Lem McKlinger(老年人事务委员会)。住房管理局任命Charlotte Tomick被否决(4-3)。
- 指示与下一步:
- 停车部门被要求在5月会议前提交人员需求分析。
- 行政部门将澄清信号灯和停车标志变更的管辖权。
- 货运装载区统一时间将于2026年7月1日生效。
- 神经包容工具包将得到进一步整合,特别是蓝区倡议。
- 警察晋升程序的改变将在下一轮合同谈判中讨论。
Meeting Transcript
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. Good morning and welcome to our monthly commission meeting, April twenty second. Looking forward to a good meeting. Thank you to my colleagues who are here. We'll uh have full quorum uh momentarily. Uh turn it over to our city clerk, Ralph. Any uh pertinent announcements. Good morning, everyone. The city commission is physically present in the commission chamber at Miami Beach City Hall, seventeen hundred, conventional center drive, third floor. Members of the public are invited to attend either in person or virtually. If you're joining us virtually, you can log in using the Zoom app or visit Zoom.us on your browser. You can also phone in at toll free eight eight eight four seven five four four nine nine. That's eight eight eight four seven five four four nine nine. The webinar ID is eight one three nine two eight five seven six seventy-one pound. Again, webinar ID is eight one three nine two eight five seven six seventy-one pound. If you would like to speak virtually on an item during the meeting, please click the raise hand icon in the zoom app or press star nine on your phone. The zoom link, webinar ID and phone numbers stay the same for every commission meeting. All lobbyists must register with the office of the city clerk located on the first floor of City Hall. You do not need to register if you are an expert witness giving only technical or specialized testimony, a representative of a neighborhood association or nonprofit speaking without pay, or a private citizen speaking on your own behalf without compensation. However, if you are an expert witness or a nonprofit or it or a neighborhood representative, you do need to submit a written disclosure form to the office of city of the city clerk before speaking with the commission or city staff. Forms are available at the office of the city clerk. If a lobbyist gives or agrees to give a thousand dollars or more to a neighborhood association or its representative regarding a city matter, that must be disclosed in writing to the clerk. Note that contingency's fees are not permitted to compensate lobbyists. If you split if you plan to speak during the commission meeting today, please sign in. Penrod Brothers Inc. versus the City of Miami Beach and Boucher Brothers. Case numbers 2023-16657-CA-01. 2023-56-AP-012. 2023-CV-23362. And 2025 13415. These cases are before the Florida 11th Circuit Civil, Florida 11th Circuit Civil Appellate Division, the South District Southern District of Florida, and the 11th Circuit Court of Appeals Federal. Therefore, a private attorney client session will be held during the lunch recess of the city commission meeting in the city manager's lodge conference room on the fourth floor of City Hall to discuss settlement negotiations and/or strategy related to litigation expenditures regarding the above reference litigation matter. The mayor will announce the commencement of the attorney client session prior to recession of prior to recessing the commission meeting. Thank you. We have a lot of celebrations going on in our city today. Some of us are color coordinated to reflect one or both of those occasions. It is uh Yomad's Mut, which is the uh Israeli modern state of Israel, Israel's Independence Day celebration, 78th birthday today. So a lot of celebrations last night and today. It's also Earth Day. So congratulations, and uh we'll celebrate uh that as well. So a lot of good things happening today, and but obviously a lot of work as well. It's my honor to invite Pastor Eddie Gervais, Gervais, the uh Miami Beach police chaplain. I love that badge. This makes uh look good. Thank you. Good morning, Mayor, um, commissioner, city manager, and distinguished guests.
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