OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Miami Beach City Commission Meeting - May 20, 2026

City Commission MeetingsWednesday, May 20, 2026
BodyAshland, Kentucky
SessionCity Commission Meetings
DateWednesday, May 20, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
3:14

Please take your seats.

3:16

The meeting is about to begin.

3:17

Remember to speak into the microphone as this meeting is being recorded for public record.

3:29

Please stand by.

3:45

But let's get let's get started.

3:48

Turn it over to our city clerk, Raphael Granado for any uh pertinent instructions.

3:54

Good morning.

3:55

The city commission is physically present in the commission chamber at Miami Beach City Hall, seventeen hundred conventional center drive, third floor.

4:01

Members of the public are invited to attend either in person or virtually.

4:05

If you're joining us virtually, you can log in using the Zoom app or visit the Zoom.

4:12

You can also phone in at three oh five two two four nineteen sixty-eight or toll free eight eight eight four seven five four four nine nine.

4:20

Again, the local number is three oh five two two four nineteen sixty-eight.

4:25

The webinar ID is eight one three nine two eight five seven six seventy-one pound.

4:31

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

4:37

If you like 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.

4:45

The Zoom link, webinar ID and phone number stay the same for every commission meeting.

4:50

All lobbyists must register with the office of the city clerk located on the first floor of City Hall.

4:55

You do not need to register if you're an expert witness giving only technical or specialized testimony.

5:00

A representative of a neighborhood association or nonprofit speaking without pay or a private citizen speaking on your own behalf without compensation.

5:08

However, if you're an expert witness or a nonprofit or neighborhood rep, you do need to submit a written disclosure form to the office of the city clerk before speaking with a commission or city staff.

5:18

Forms are available at the office of the city clerk.

5:21

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.

5:30

Note that contingency fees are not permitted to compensate lobbyists.

5:34

If you plan to speak during the public comment period today, we request that you sign in.

5:38

You could sign in using the QR codes located on the on the dais on the podiums.

5:44

Good morning.

5:45

Pursuant to section 286.011, subparagraph 8, Florida statutes.

5:51

As city attorney, I hereby advise the mayor and city commission that I desire advice concerning the following pending litigation matter.

5:58

Penrod Brothers, Inc.

6:00

versus the City of Miami Beach, and Boucher Brothers.

6:03

Case numbers 2023-16657, CA01, 2023-56 AP012, 2023 CV 23362, and 2025 13415.

6:20

These cases are pending before the Florida 11th Circuit, Civil Division, Florida 11th Circuit, Civil Appellate Division, Southern District of Florida, and the 11th Circuit, respectively.

6:31

Therefore, a private attorney client session will be held during the lunch recess of the city commission meeting in the city manager's large conference room on the fourth floor of City Hall to discuss settlement negotiations and/or strategy related to litigation expenditures.

6:47

The mayor will announce the commencement of the attorney client session prior to recessing the commission meeting.

6:55

Okay.

7:00

Thank you for being here and your lovely wife Dina for being here as well.

7:05

Before you start your invocation, I just uh have to say thank you.

7:09

Uh not just for me, but really Miami Beach.

7:11

You've I've seen the transformation that you have done in uh in North Beach and building a community there.

7:17

Also working together closely, for example, with Normandy Fountain Business Association and David Sexton and others.

7:24

It's uh it's a real true community, and we're thankful and blessed to have you here today.

7:29

Humbled by your words, and I thank all of you for all the support for the community.

7:33

And um, just share a few words of of thought and prayer this morning.

7:38

Um, in honor of um behalf of the commission and the mayor and the great people of Miami Beach.

7:46

We're sitting before an auspicious time in the Jewish calendar, which is the holiday of Shavuot, the holiday when we got the Torah, where we got the the word of God, as it were, um, right in front of Mount Sinai.

7:58

And something very special happened there.

8:00

The whole nation of Israel came together.

8:02

It says, as one people with one heart, as though they were just one person.

8:08

And we found that when that happened, amazing things happened.

8:12

That when they came together, God was with them.

8:15

And today I give a blessing and pray that God should give all of you and all of us that we should come together as a city, as one person with one heart.

8:25

And in doing so, what it shows is that we are of sound mind and and of togetherness, and when we're together, a purpose of mind, then amazing things happen.

8:36

Not just incredible things on our organizational side, but amazing things happens from God.

8:41

And today I give bless the commission that we should see all of that blessing and all the work that you do in bettering our city and helping us become the best people that we can be and becoming the best people that you can be.

8:51

May God bless.

8:52

Amen.

8:53

Thank you.

8:53

Thank you, Robert Ar.

8:55

Thank you, Dina Hadar.

8:57

Now I get to surprise someone in the audience to lead us in the pledge.

9:02

How about Herman Cardenau?

9:06

Hernon is our director of code enforcement.

9:08

We talk a lot about police, but code uh does an incredible job in code compliance, code enforcement, and uh welcome up.

9:16

Well uh good morning.

9:18

Please stand there for you're able to place your right hand over your heart.

9:21

I pledge allegiance to the flag of the United States of America to the Republic for which it stands.

9:29

One nation under God, indivisible with liberty and justice for all.

9:40

Uh, before we start with the Stutnik time, um, wanted to recognize that there was an incident uh the other day in our city in which uh some tourists from uh out of out of the country came here and defaced with uh the words Adolf was here with a SWAT sticker on a on a bench and then up by a crosswalk that has been uh representative of our LGBTQ community.

10:12

Um I I want to open it up for everyone here.

10:14

It's obviously horrific.

10:15

And I was thinking about it.

10:16

Why did this happen in our city?

10:19

And I did some research and I was looking and I realized nobody's immune from hate.

10:25

It's how you handle it and how you address it.

10:27

And I'm so proud of our city of our representatives.

10:32

I know uh we have here council general of Germany, Christopher Berger, who's here.

10:38

I would like him to say a few words as well, uh, since they were German tourists.

10:42

I know Commissioner Bott, thank you.

10:44

I believe you were the first one that reached out to the council general immediately to notify him of this incident.

10:50

And again, I'm I'm appreciative of everyone up here in our city for condemning this immediately.

10:55

Our police department in from the moment they were notified of it, which was pretty quickly to the time of arrest was less than one hour using our real-time intelligence center camera systems.

11:06

And um I've been in communications with the state attorney's office, and and and I believe they will they are taking this seriously, and we're gonna prosecute this to the full extent of the law.

11:16

As I've mentioned many times, unfortunately, ultimately, hate like that ultimately and always leads to violence.

11:26

We've seen that throughout thousands of years of history.

11:29

Um very appreciative of everyone who took quick swift action.

11:33

Um I'd like to ask Council General to say a few words and thank you very much, Mayor Minor, for inviting me to speak here today.

11:42

Also, thank you again, Commissioner Bott for being the first to alert me to this incident um yesterday.

11:48

Um my name is Christopher Berger.

11:51

I have the honor of representing the Federal Republic of Germany here in the great state of Florida, and also of being a proud resident of this beautiful city of Miami Beach.

12:00

Um more than 300,000 German tourists visit Florida every year.

12:06

And I am happy to say that most of them are well behaved and well received here.

12:10

Um rarely ever get in trouble with the law.

12:15

And usually, if there's a case where tourists break the law, it doesn't really matter very much.

12:20

It doesn't make much of a difference what country they're from.

12:22

They're tourists, they committed uh some infraction.

12:26

But we immediately understood that in this case it does make a difference that these tourists came from Germany.

12:32

Um, because uh as a nation we bear responsibility for the worst crime in human history, the Holocaust.

12:40

And that is also why, under German legislation, uh public display of symbols of the Nazi Party is considered a criminal offense.

12:50

So when I learned of the shameful incident yesterday, I immediately reached out uh to the mayor um to first of all offer our support in um fixing the damage that was that was done, but also um to um offer our voice in reassuring our communities here in Miami Beach, the LGBT community, the Jewish community, which with which we're so grateful to have enjoyed amazing relations over many many years to reassure everyone that this is not representative of the German people or the German nation, that we as a nation do not tolerate anti-Semitism, we do not tolerate hate against anyone.

13:30

We stand united against bigotry.

13:33

And this also serves as a reminder that you are the work of combating anti-Semitism, of combating bigotry is never done.

13:43

It takes a continuous effort, most of all through education, but where education isn't enough, it also requires us to use law enforcement to enforce the letter of the law to draw the line of what is acceptable and what isn't in our community.

13:59

And I would like to thank um Miami Beach Police Department and everyone involved for having such a swift and clear response to this uh to make it clear that together as a community, this is not something that we will tolerate.

14:14

Thank you very much again, and if we can be of any further support in um giving that assurance to our communities, uh we will be happy to do so.

14:25

Thank you very much.

14:26

Thank you, Council General, for being such a clear voice on this.

14:28

That's uh it's very meaningful uh to our city and to everyone.

14:32

Uh you are you were out there, you were seen in the media being a clear voice, and it's uh it's noticed, uh it's appreciated, and and it's impactful.

14:41

Thank you.

14:42

Thank you.

14:43

Commissioner Bott.

14:45

Um Mr.

14:46

Council General, thank you for for coming here today, and uh obviously for your quick response yesterday and your responsiveness to the phone calls.

14:53

What you didn't mention um in in your remarks just now, which I think everybody should know, um, is that you were there was a big day at the consulate yesterday, where I think it was 20 14.

15:00

What you didn't mention um in in your remarks just now, which I think everybody should know is that you were there was a big day at the consulate yesterday, where I think it was 20 14 um uh people, Jews were reclaiming their German uh lineage and reclaiming their German nationality, um, which is a real testament to the work that Germany has done.

15:20

I I most people don't know this, but German was actually my first language.

15:23

I lived in Germany um from the ages of uh two to four, which I know is not a big deal, but you do learn to speak there, and I do have very um real memories from from there.

15:33

Um and you know, my my whole family is Jewish, and we lived in Karlsruhe, and it was not that long after the war, it was in the um in the very late 60s, early 70s, and um we felt pretty secure as Jews living in Germany.

15:50

And I I think it's um it's really a testament to the nation that of Germany, um the fact that they have taken so seriously this education process of making sure that people understand history so that we do not repeat it, and I think that is definitely missing in the world.

16:09

The other thing that I wanted to point out is that this was um an act of hate.

16:14

It was specifically directed towards the Jewish community in Miami Beach, but it was chosen to be done in just the most visibly proud LGBTQ corner of our community, cornerstone, foundational corner of our community, where Joe had just gotten a beautiful rainbow bench installed, and Alex has a whole um of memorial plaque history.

16:43

Explaining why this rainbow sidewalk was so important.

16:46

There are rainbow-colored bike racks, there are rainbow banners because Miami Beach is not perfect.

16:52

We have a complicated history, but we really strive to be open-minded and welcoming to to everybody.

16:58

And um, you know, it's bad enough that that graffiti was done anywhere.

17:02

Um I was hoping it was a bunch of idiot kids who were doing something with a Sharpie, but it was old men who knew better and were doing something intentional.

17:10

And it's it was just a slap in the face to so many residents, regardless of religious faith or anything.

17:20

It's just so many people who choose to be in Miami Beach because it's open and inclusive and welcoming.

17:26

Um it's it's even bigger than I mean anti-Semitism is big enough.

17:31

Anti-LGBTQ is big enough, but it was just such a perfect storm of nastiness and hate and bigotry and stupidity.

17:42

So I it's really I think um it's telling that everybody has jumped on this, and I want to commend Chief Jones.

17:51

I reached out to him, and I I want to also uh recognize one of our residents.

17:55

I don't know if he's here, but David Adams alerted me to this um yesterday and uh no two days ago, and as soon as I saw it, I sent it to the chief, and he and his team um jumped on it, and and as you mentioned, Mayor, um got these guys arrested and and sorted out right away.

18:12

And so it's a testament to how quickly people respond to um uh things that go against the green for the greater good.

18:21

So um compliments to everybody on that and uh onward and upward.

18:26

Thank you.

18:28

Um let's open up to the Sutnik hour.

18:30

Okay, so please Commissioner Fernandez.

18:33

Yeah, I was gonna I wasn't going to comment on this.

18:36

I actually I was going to uh comment on on something different uh because today today is Bente de Mayu.

18:45

It's Cuban Independence Day.

18:47

And my thoughts uh today are with the millions of Cubans uh both on the island and throughout the exile through throughout South Florida who have spent generations longing not simply for political change, but for freedom, for freedom itself.

19:07

And uh and and today is actually quite quite a unique day because all eyes are going to be in South Florida in Miami later this this afternoon at the Freedom Tower in Miami.

19:18

The Department of Justice is expected to honor the four innocent men uh murdered in 1996 brothers to the rescue should uh shoot down.

19:29

Uh and I think many of us who were living in this community at that time remembered that horrific act of of murder that was ordered under the Cuban dictatorship and to sent a shilling message to anyone daring challenge the uh tyranny of the Castro regime or seek freedom itself.

20:00

And as we were leaving, as we were leaving, um, as we were leaving that funeral home, we turned on 97th Avenue, and I look at the sign, and the street was dedicated to Mario de la Peña.

20:12

Mario de la Peña was one of the four uh four pilots who were who were shut down, murdered, executed by by the Cuban regime uh back in 1996.

20:25

And for so many of us in this community, this is deeply personal.

20:30

This morning my mind was going back to great leaders who have fought for for freedom for the freedom of the Cuban people, leaders like Jorge Mascanosa, leaders like Lincoln Díaz Ballard, leaders like religious leaders like Monsignor Agustin Broman, uh people who used the powers of their talents like Celia Cruz, who we have a street named after, or people like Marta Flores, people who fought for freedom in our community and who died, who died dreaming, dreaming of that day of freedom.

21:06

And my heart went directly to my family, my tio Alberto, my tío Enrique, my tía Mirta, my abuelos, my grandmother who passed two years ago, uh carrying the pain of ex-file of exile until her final days.

21:23

And so hopefully we might be at a turning point, but I would have been remiss.

21:28

I would have been remiss as a Cuban American born in this great country, whose parents uh whose parents dealt the challenges of exiles and whose families felt the atrocities of the Cuban government not to honor this day, not to remember the executed political opponents of the Cuban government who were killed by firing squads, uh the dissidents, the students, the priests, the journalists, those who were accused of independent thought, and all who were persecuted by the Cuban government in churches, who were persecuted for just being who they were.

22:10

It is an oppressive government that must come to an end.

22:13

And today I wanted to shed light upon that government because of the historic nature of what's going to happen today at the Freedom Tower.

22:20

And I thank you, Mr.

22:21

Mayor, for enjoying indulging me with that, because it represents so many in our community, represents so many of us on this dais, and represents so many of our workers whose families have uh have dealt with this for decades.

22:37

No, thank you.

22:37

Thank you, Commissioner Fernandez, for your words and for your really strong stand in taking the lead on uh on this very important issue for the Cuban people.

22:45

It's uh it's it's a sad situation, but uh but one that we continue to fight.

22:53

Thank you.

22:55

My name is Ken Barnes.

22:56

I'm a retired physician.

22:58

I live in Miami.

23:00

I would like to ask you some questions.

23:02

What if one of you hired video billboard trucks using pictures and videos of constituents, calling them anti-Semitic and Jew haters, in effect bullying them?

23:14

What if this was an attempt to silence, target, intimidate, and harass members of the Miami Beach community and a political organization opposed to the beliefs of said commissioner?

23:26

What if this was because you wanted these same constituents to become fearful of negative consequences because they spoke publicly, criticized officials, or exercise their free speech?

23:39

What if one of you made false statements that attempted to harm the reputation of these constituents?

23:46

Do you believe that the public officials should be held to a higher standard?

23:50

Would you think that such behavior is an abuse of office and against the public good, undermining the dignity, integrity, impartiality, and public trust expected of someone holding public office?

24:04

Rather than being passionate, was this a mean-spirited violation of norms of behavior?

24:11

And what if said commissioner did these acts while the mayor and other commissioners of that city remained silent?

24:18

Wouldn't you be obligated to call for his or her resignation?

24:22

This is why we are calling for the resignation or removal of Commissioner David Suarez, who with malice tried to intimidate and harass members of the community, as well as an organization, Jewish Voice for Peace, both being critics of Israel's genocide in Gaza and unrelenting attacks in the West Bank, which he vigorously supports.

24:45

At the very least, I urge you to put forward a resolution to censor him.

24:50

Thank you very much.

24:52

Thank you.

25:04

You you you you try to deflect on the real issue.

25:06

Now you you had your piece, I said mine, and I said it in a lot less than two minutes.

25:15

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

25:18

Go ahead.

25:18

My name is Shannon Busamante.

25:20

I'm from 316 Payne Drive, my uh Miami Springs, Florida.

25:24

And I'm here speaking on the shark fishing ban on Miami Beach.

25:28

Good morning, everyone.

25:29

My name is Shannon Bustamante.

25:31

Though many of you know me as Seaweed from the award-winning film South Beach Shark Club on Amazon Prime.

25:38

The film was released in 2022 after being filmed over seven years because we knew back then and long before though that one day we would be fighting for land-based shark fishing and recreational fishing rights.

25:50

The documentary shows how beautiful South Florida cities built around fishing, diving, surfing, and skateboarding have slowly become controlled by foreign money and transient wealth.

26:00

While lifelong locals like myself, born and raised on South Beach since 1985, are pushed aside through quietly proposed bans like the one we are fighting today.

26:09

In the documentary, you'll see me at South Point Pier pointing out how certain peer rules and restrictions were already making fishing increasingly difficult long before this proposed ban.

26:21

But beyond that, the film exists because shark fishing truly saved my life and the lives of dozen of friends during a wild era in Miami, known for gangs and violence.

26:31

The same path eventually led to me becoming the assistant head football coach at Miami Beach Senior High School here in Miami Beach and the assistant commissioner at Northwest Boys and Girls Club.

26:42

One of the biggest traditions, something we do more than 30 times a year is bringing hundreds of kids back to South Beach to fish.

26:50

Many of these kids come from broken homes.

26:54

Many of these kids come from broken homes and are being raised by single grandparents or practically raising themselves.

27:01

Their sporting events and fishing trips are sacred to them.

27:05

Out there on the beach, they learn patience, discipline, camaraderie, respect for nature, and moments of peace away from the chaos.

27:12

Many of them face daily in Miami.

27:14

Most of the old timers who helped save my life through fishing have passed away.

27:18

And now I'm one of the last people still carrying the tradition forward more than 35 years later.

27:23

Thank you, sir.

27:25

Oh, okay.

27:26

Thank you.

27:26

Thank you.

27:29

Next, please.

27:32

I have a presentation.

27:34

PJ.

27:36

And while he's getting that, I just want to thank everybody who found the funding for the senior soccer group.

27:41

There was a little contention at the end of last year, but it was a hiccup with the funding.

27:44

And just want to thank you all because the group really appreciates that.

27:48

The presentation again was from the PJ.

27:52

This is a presentation that I sent you yesterday.

27:54

Understood one moment, bringing it up now.

27:57

I think this is a good president.

27:58

Go ahead, sir.

27:59

If you could start without the presentation or uh I'll start speaking, but the presentation kind of is coordinated with what I'm going to be saying.

28:07

So I just want to thank you all for all the work that you do.

28:10

My name is David Ballard.

28:12

I'm from 4217th Street.

28:14

I'm here on behalf of the residents and neighbors of Altus Del Mar area, which is the section between 75th Street and 81st Street between Collins and Dickens.

28:25

I'm here to speak about a public safety situation on Harding Avenue near 73rd, 74th, and especially 75th Street.

28:33

Currently, 75th Street is a primary route for emergency vehicles and all in our neighborhood, which now that it's being blocked on an almost daily basis in the morning.

28:44

Emergency vehicles, fire trucks cannot get through.

28:47

These intersections were blocked occasionally, maybe once or twice a month, usually tied up due to tied to a concrete pour or a broken down bus.

28:57

We as neighborhoods understood that.

28:59

But now the drivers are systematically entering this intersection without space to clear them, creating a self-reinforcing cycle of gridlock.

29:07

This behavior is no longer an occasional occurrence.

29:10

It has become normalized daily for the traffic on Harding Avenue.

29:15

Cars consistently block the intersection mid-red light, preventing lateral traffic from moving and creating dangerous blind spots and obstructions for pedestrians cross using the crosswalk.

29:26

And that's really why I was here is because one of our neighbors, a young, an older lady who's about this tall, had waited at the light two or three times, but it's completely blocked with vehicles.

29:35

Finally, she just she wanted to make it, she wanted to go up to surfside to get her, and she wanted to catch her bus.

29:40

And as she's crossing, she almost got clipped by another car blocking the intersection.

29:44

The law is clear.

29:46

Florida statute 3162.0.

29:49

Do not block the intersection.

29:51

The sign is posted at 7th Street, as you all can see.

29:54

Unfortunately, the sign is a fine for 133 dollars, where most of the other intersection blocking fines in the city are 500 dollars.

30:04

We're not asking for any kind of major program.

30:06

We're just asking for one or two citations a month at this at these intersections.

30:12

Visible enforcement would change behavior.

30:14

I believe that's all that it takes.

30:16

Blocking these intersections endangers lives daily.

30:19

And as it says very clearly over the intersection, do not block the intersection, we just ask that that be enforced.

30:27

Thank you.

30:29

Thank you.

30:29

Thank you for all putting the work together to do this.

30:33

You can definitely see on those pictures somebody that sent me something this morning.

30:39

And usually never happened now is happening today.

30:45

Thank you.

30:48

Good good morning, everybody.

30:50

Mitch Novick, 38-year resident and business owner.

30:54

For as long as City Manager Eric Carpenter has been with the city since the early days of the Morales administration, Miami Beach residents have faced annual water rate increases every October, along with additional fees created, such as the monthly fire sprinkler charge.

31:16

Previously, customers received notice about upcoming increases on their utility bills, but those notices disappeared this past November.

31:27

Today's proposed water rate hike was pulled due to lack of sponsorship.

31:32

And now you're being asked to approve item R5Q, allowing the city manager to sponsor items.

31:40

This is clearly an attempt to revisit this unpopular issue.

31:45

Residents reject these increases and approving more would equate to a political suicide.

32:15

My response is find solutions within the existing budget.

32:20

The city has added 500 employees and doubled its budget since Eric began.

32:52

It's high time to treat it as such.

33:13

So my name is Angie Zafadi.

33:15

Um thank you for having us here today to be able to talk about our concerns.

34:04

So specifically around the parking for years we had a hundred percent parking coverage.

34:10

We didn't pay a dollar to park at the 17th street garage, and then this parking was uh was taken away, and now we have to pay uh 15 50 percent of the cost.

34:22

Yeah, uh solicitude is so equal to uh retomar is uh beneficial, ya que tenemos un sueldo per ora de 20 dollars.

34:33

So the the goal here is to see whether through you all or if we can do a meeting to speak with you on Sedexo to get that benefit.

34:41

I currently make um 20 dollars an hour.

34:48

And this is something that's affecting all of us and it's affecting our pockets.

35:06

So the part also there's parking that's inside the garage.

35:10

Now we have to park in the 233rd Street parking lot, which is the difference.

35:14

But if there's some type of solution to be able to get maintain the free parking.

35:28

So if we can meet with you on figure this out, thank you so much.

35:30

Yes, I'm sorry, can you restate her name?

35:32

I didn't catch it.

35:33

Angie, A N Y, last name Safari, S-A-F-A-D-I.

35:38

Thank you.

35:38

Thank you for highlighting the issue.

35:39

Uh Alex Fernanda, Commissioner Fernandez.

35:41

Yes, and thank you for for being here.

35:43

Gracias por estar aquí en Taverun.

35:46

Uh we had been notified of this through unite here.

35:49

And we had, I think a number of us had been notified, and I believe from from what I'm gathering from the reactions of my colleagues, a number of us reached out to the city manager's office.

35:59

It was my understanding that this had been solved.

36:19

Commissioner, that is my understanding as well.

36:22

Many of you reached out to me, and I reached out to our parking department, and I was assured that the same offer that we had been providing at the 17th Street Garage was now being provided at the Collins Park Garage.

36:36

It was a different location, but it was supposed to be the same rate.

37:22

No.

37:22

Alright, and that's the problem.

37:23

They're not getting today, Eric, the same discount that they were getting before.

37:28

And so we need to get with Sodaxo because perhaps we might be offering Sodaxo what we have always been offering Sodaxo, but there's but Sodaxo is not continuing to offer the workers what they were previously getting.

37:46

Okay, I will happily dig into that with Sodexo and we will address.

37:50

Thank you.

37:51

And this is why at the public safety committee, we've been bringing up frequently over the past few months the issues of the parking at the convention center hotel.

38:02

That that building does not have sufficient parking for its employees.

38:08

And right now it's the workers from Sodaxo that are coming here.

38:12

And next July, when that building opens and it's operation, we're gonna be having here the employees and union members of the Miami Beach Convention Center Hotel coming to us with the same concerns about the parking that is not being provided for them on site, and we need to get ahead of that, and we need to address that.

38:30

If not, the problem is gonna overflow into the residential neighborhoods, and it's gonna come before this days.

38:44

Go ahead, please.

38:45

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

39:27

Today I urge you to do the right thing and to condemn this action and all actions which violate the free speech and safety of Miami Beach residents.

39:36

And I urge the individual responsible for these egregious acts to step down from office immediately.

39:45

David Suarez, you have no place in public office.

39:48

You bring nothing but shame and embarrassment to our city.

39:51

And also one last thing.

40:00

And uh while you spew nothing but hate and target your own private constituents with hate and violence is not lost on me.

40:07

You surely have some nerve.

40:09

Do the right thing for once.

40:12

Mr.

40:13

Minor.

40:13

Commissioner Suarez.

40:15

I just want to call out some hypocrisy here.

40:21

I think it's really rich that the person that was crying victim for months about free speech is now trying to trample others' free speech.

40:34

I want to remind this room and those watching how insane the last speaker is.

40:39

PJ, if you could pull up the screen, please.

40:43

I want to show everyone that the comparison between this person and Nick Fuentes, who's a virile anti-Semite.

40:54

Uh it says the Zionist propaganda machine is full on, putting our tax dollars to work, comparing Israel to somehow the government spending and how Israel and Jews are.

41:12

Excuse me.

41:13

I had I gave you an opportunity to speak.

41:15

It's now my turn to speak.

41:17

Excuse me.

41:18

You excuse me.

41:20

You're mislabeling me.

41:22

You had your opportunity to speak.

41:23

You had your free speech.

41:25

I did not interrupt you.

41:26

Now it's my turn to speak.

41:28

I never said do, ever.

41:29

Not in one post.

41:31

I always say.

41:31

Can we go to the next slide, please?

41:35

So we have a government that's completely beholden to Israel.

41:38

And for those of you who are watching, I want everyone to know that the reason why people like the last speaker hide behind Israel is because they don't want us, they don't want to call a spade a spade.

41:50

They want to be able to say Israel and not Jews.

41:54

Because it's the same thing.

41:55

Because without the State of Israel, the Jewish people are destined to be wiped out.

42:03

And that's the reason why there is a State of Israel.

42:07

So we have complete government that's completely beholden to Israel.

42:10

Nick Fuentes.

42:12

Okay, but Israel controls America.

42:13

It's the same line of things.

42:17

Next.

42:18

Candace Owens, same thing.

42:21

A virile anti-Semite.

42:23

We have a government that's been completely beholden Israel.

42:26

And if you'll notice the pattern here, it's it's the same people online and in the world that somehow say that Israel is controlling the government and that there's this conspiracy.

42:40

It's the same ones that you saw here.

42:42

Next.

42:44

I want to go to the Ayatollah, who's no longer with us, thankfully.

42:50

There we go.

42:50

The US du the US is definitely the Zionist regime's accomplice orchestrating the crimes being committed in Gaza.

42:57

That's the same sort of logic that everyone just heard here from the last speaker.

43:02

I want to let everyone sink this in for a minute.

43:06

The Ayatollah of Iran who wants to wipe out Israel with nuclear weapons as the same line of thinking from some of these extremist activists.

43:18

PJ, you can put the slide down now.

43:21

Now, for the group here, JVP.

43:25

JVP is not a peace group.

43:28

It is one of the most cynical, dishonest, extremist organizations in American politics today.

43:37

They hide behind Jewish identity while giving cover to the same radical movement that demonizes Israel, excuses anti-Semitism, and cheers on the destruction of the world's only Jewish state.

43:52

And the only thing more hypocritical than JVP is queers for Palestine.

43:58

A group blinded by ideology that they march for people who would erase their freedoms and their very existence.

44:08

Let me be crystal clear.

44:10

This is America.

44:11

You have a right to say outrageous, hateful, crazy things, which you are clearly doing today.

44:19

And I have a right to call it out as exactly as it is.

44:22

No censorship, no intimidation, no moral blackmail.

44:27

We just had swastikas graffitied on our city in front of a Holocaust museum, in front of a pride bench.

44:38

We had Jewish school teachers spit on.

44:43

This is in our city.

44:45

Meanwhile, these lunatics come up here and espouse more anti-Semitism.

44:54

Miami Beach will not be bullied into silence by extremists pretending to be activists.

45:03

We will stand proudly against anti-Semitism, bigotry, hypocrisy.

45:09

And anyone who tries to normalize hate.

45:12

Thank you.

45:14

I'll just add there's only one country in the world right now that has to consistently defend its right to exist, and that's Israel.

45:21

It's the only country that when it defends itself from attacks against its civilians has to defend itself.

45:28

And not only does Hamas and Iran publicly state that their goal is to destroy Israel, but Israel then gets accused of that what they're trying to do just because it's defending themselves.

45:41

And that's the point here.

45:42

It has become to the point.

45:44

Everyone can disagree on politics and policies of a specific government.

45:48

We do that in America all the time.

45:49

They do that in Israel all the time.

45:51

Most countries in the Middle East, you can't argue the politics.

45:53

In Israel, they do.

45:56

It has become to the point where when you're questioning Israel's right to exist and defend themselves, yes.

46:03

It is anti-Jew.

46:05

It is anti-Semitism.

46:06

Because without an Israel, without an army to defend Jews, not only in Israel but everywhere in the world, Jews are vulnerable, and that's exactly what our enemies want.

46:22

I'm Donna Neville, and I live in North Beach.

46:26

Two quick points.

46:33

Anti-Semitism is discrimination against Jews, stereotypes of Jews, violence against Jews, or targeting of Jews because they are Jewish.

46:43

Anti-Semitism is not criticism, including harsh criticism of Israel or Zionism.

46:50

Period.

46:51

For hundreds of thousands of us, in fact, it is our Jewish obligation to speak out against injustice, apartheid, genocide.

47:01

To quote Jewish philosopher Brian Klug, and I quote, anti-Semitism has rightly been called a monster.

47:10

But false accusations of anti-Semitism are monstrous too.

47:14

Unquote.

47:15

Two.

47:37

That is why I am asking the city commission to censure Commissioner David Suarez for behavior unfitting for someone in office.

47:46

And with all due respect, if you remain silent, that ends up being a reflection on all of you because we know all too well silence is complicity.

47:56

Thank you.

48:00

Thank you.

48:00

Next, please.

48:05

Hi, I'm Gregory Rogano, and just want to say this is like real democracy in action.

48:10

You know, even for people you disagree with.

48:12

Um so I thought this was a water hearing today, right?

48:16

So I'm I'm here to talk that.

48:18

Yes, I'm here.

48:19

I'm gonna bring it up now.

48:20

Um I'm here to speak exclusively about the water.

48:23

So I've been here before, I'm on a bit of a wild goose chase.

48:27

My background is as an environmental lawyer.

48:29

Um I used to work in New York City as a big law firm, represented like billions of dollars uh in various different transactions related to the sciences, specifically environmental law, including pretty high-end environmental litigation regarding forever chemicals.

48:44

And this is an announcement to everybody here.

48:47

So the Miami Beach drinking water is highly contaminated with PFOS forever chemicals at levels a thousand literally a thousand times higher than what the EPA says is safe.

48:58

I I brought this to the attention multiple times.

49:01

Really, so that's really bad, right?

49:03

But the single biggest issue is in the water report that is put out by the city of Miami Beach, which likely comes from Miami Dade.

49:12

It states that the water is safe and excellent.

49:17

So the water is at more than a thousand times higher than what the EPA says is safe.

49:23

PFOS Forever Chemicals, PFAS, and the City of Miami Beach Water Report says the water is safe and excellent with children drinking it.

49:32

Um speaking with my own personal urologist, this is anecdotal now.

49:37

She says that she's seeing a significant uptick in the diagnosis of testicular cancer.

49:42

According to the EPA, the two types of cancer that emerge from PFOS contamination that you get from drinking water is kidney cancer and testicular cancer.

49:52

Testicular cancer is a rare disease.

49:55

So there's potentially an up an increase in this.

49:58

This is very bad.

50:00

It should be addressed immediately.

50:01

We shouldn't tell children that the water is safe and excellent.

50:06

Thank you.

50:07

You you mentioned your uh you used to work for a big law firm in New York.

50:10

What's your current employment?

50:12

I work at my family's law firm, Rodano LLC.

50:15

You have any other businesses relating to water quality?

50:18

I do not.

50:19

Okay, thank you.

50:21

Yeah, we have John Norris who's also gonna come up and speak, but I was just gonna ask John to come up and also just for the record for people listening.

50:30

Um I believe you've met with John and and Amy Knowles, our director of sustainability.

50:36

So it this conversation is ongoing.

50:39

It is an issue that is um handled by the county.

50:43

Everybody knows and agrees that if I may finish my sentence, everybody knows and agrees with you that PFAS are a really big problem.

50:51

They are endemic throughout everything we touch and consume.

50:55

Um and John has great expertise, and I look forward to hearing what he has to say.

51:00

I I have to interject.

51:01

They're not endemic in everything we touch and consume.

51:04

They're not.

51:05

This comes specifically from the airport from fire fighting foam from plane crashes.

51:11

Specifically, the wells that serve Miami Dade and the city of Miami Beach come from the airport.

51:18

Okay, but wait, no, no, please.

51:20

I have expertise on this.

51:21

The wells to the west of the airport are uncontaminated.

51:24

John Norris, please.

51:25

Have you been doing this uh at having these conversations with the Dade County folks?

51:30

Yes, there's no response.

51:31

There's no response.

51:33

They are the ones who control the city.

51:34

So children and cancer.

51:35

Thank you.

51:36

Thank you.

51:36

Yes, Steve.

51:37

The county's in the morning.

51:41

Oh, let me see.

51:41

There's like national litigation.

51:44

John Norris, our public works director.

51:46

Good morning, John.

51:47

And a North Beach resident I have.

51:49

Yes.

51:50

So PFOS is currently identified as an emerging contaminant by the EPA and DEP.

51:57

This happens quite frequently in the regulation of drinking water.

52:01

They come up with emerging contaminants and they come up with future rules.

52:05

In that time, they're doing studies to establish what the maximum contaminant level should be in the future.

52:12

There is a rule that is being considered to be implemented in the year 2030, currently.

52:18

So Miami Dade water that we purchase currently meets or exceeds all maximum contaminant levels from the EPA and DEP.

52:30

All the producers of water are currently looking at their facilities and how they treat water to address the potential new rules that are coming in the future.

52:40

And that should that will meet or exceed all future maximum contaminant levels.

52:48

Thank you.

52:49

Thank you.

52:51

Can I respond?

52:52

It'll take 30 seconds.

52:53

No, we we we have to we have to move.

52:55

You made your points.

52:55

And he made his points.

52:56

No, I'm sorry.

52:57

We have to say it's safe and excellent, right?

53:00

So he's saying the water is not safe and excellent.

53:03

There's also a 200 million dollar lawsuit.

53:06

You're putting out to children that the water is the water safe and excellent.

53:09

Uh I'm sorry, sir.

53:10

We're not gonna have this debate.

53:11

It's not a debate.

53:12

It's not safe and excellent.

53:14

And you should warn children and their parents that this is cancer causing water that's a thousand times higher than what's safe and excellent.

53:21

You put in writing, no, it's a product liability thing massively that could wipe entire insurance of the city of Miami Beach.

53:28

It's not safe and excellent.

53:30

That's a product liability in writing.

53:32

Please adjust that and warn the children.

53:34

Is your family is are you or your family law firm involved in this litigation that you just we're cleaning municipal water supplies multiple places in the country?

53:44

Okay.

53:45

I don't understand what's it's it's not safe and excellent.

53:50

The water.

53:51

Thank you.

53:51

And you may you and and thank you for coming.

53:53

I appreciate it.

53:55

But you keep coming at me like my family has a conflict of interest in this.

54:00

I think it's important to know where we're important to know that the children are being lied to that the water is safe and excellent for industrial grade military cancer-causing chemicals, and they're consuming it.

54:10

Is there filtration on City of Miami Beach High School?

54:13

It's a simple thing, it could be done within 30 days.

54:15

Reverse osmosis and ion exchange.

54:18

You could literally call a company now to have it installed immediately.

54:22

Thank you.

54:22

Thank you.

54:23

Cancer, thank you.

54:27

Next, please.

54:35

Hi.

54:35

Good morning.

54:37

Um my name is Milagros Acosa Delgado, and I'm a resident of Miami Beach.

54:43

Can you move the microphone down?

54:44

Thank you.

54:45

So that's better.

54:46

Yes.

54:46

Thank you.

54:47

Hi.

54:48

So first I would like to extend my um special thanks to you, Commissioner Laura Dominguez and Elizabeth and Julian for giving us the opportunity to be here today and supporting the mission of the National MS Society.

55:02

So I'm here for a slightly different reason than all the other reasons that people here.

55:07

But I'm here just to bring awareness to the MS community and just bring light to this disease that affects like 30 million people in the U.S.

55:17

So I just wanted to share some light on this and what we do.

55:21

And I think that a lot of people would appreciate this information today.

55:24

And we have a table outside as well.

55:26

So this year, the National MS Society proudly celebrates 80 years of research, advocacy, progress, and support for individuals and families affected by multiple sclerosis.

55:37

Today, nearly 30,000 people in Florida are living with MS, and more than 2.3 million people worldwide are affected by this disease.

55:46

Over the years, the society has helped fund groundbreaking research while also providing vital local services, including support growth, wellness programs, educational resources, advocacy, community connections for individuals living with MS and their families.

56:01

We also bring the community together through meaningful and inspiring events across Florida, including Walk MS and Miami and Boca Raton, our MS Bike Ride from the Breakers to Key West, and several signature fundraising events throughout the state, including upcoming events in Boca, Jacksonville, Tallahassee.

56:19

Every event, every volunteer and every supporter helps make a difference in someone's life.

56:24

In recognition of MS World Day, we would also love to invite the community to join us for a special brunch gathering on Saturday, May 30th at Bernie's Cafe.

56:34

Whether you are personally affected by MS or someone who is simply wants to learn more or become involved, we welcome you to connect with us.

56:41

Please stop by our table to pick up resources, learn more about our programs and upcoming events.

56:47

Thank you guys so much.

56:48

Thank you.

56:48

I'm sorry, but since the microphone was up, I didn't catch your name.

56:51

Oh, Milagros Delgado.

56:52

Thank you.

56:53

From the resident, um Miami Beach resident 5600.

56:56

Thank you so much.

56:56

Thank you, Laura.

56:57

Thank you, everyone.

56:58

Please stop by the table.

56:59

Thanks.

57:01

Okay.

57:03

Good morning, Mayor and Commissioner.

57:05

Eric Marshall, on behalf of the Waverley Board of Directors and residents.

57:08

I actually sent a presentation too.

57:09

It's under C7AGA.

57:11

It's just a couple pictures if you have it.

57:13

It's regards to the railings that were recently installed on 14th Street, 10th Street, and Lincoln Road.

57:18

I reached out to the mayor and commissioners.

57:20

I see there's a resolution to rescind it and remove them.

57:22

I really appreciate that.

57:23

Originally, I guess it was for the boats a couple years ago.

57:26

It was approved in 2024.

57:28

They put were put in last week.

57:29

Please, please, please.

57:31

If we can remove them before the 2028, that would be fantastic.

57:34

The sooner the better.

57:42

That that's the Bay Walk there where it's empty with the new fence.

57:45

And then if you do the next picture, that's them at sunset in front of the Waverly.

57:48

You know, it's it's a nightly occurrence.

57:50

Uh it's on the same side as the flamingo as well.

57:52

If we could just get those railings removed, really appreciate it taking the time.

57:56

You guys are always in responsive, so I just want to come down and say in person.

57:59

You put it right on.

58:00

Eric, I just want to let you know I I have an item.

58:02

I had it on consent.

58:03

Commissioner Bott pulled it, so we'll we'll discuss it after five o'clock.

58:07

Uh okay, I didn't know what time it would be, so I wanted to come down and just spoke with her.

58:09

And I actually spoke with Commissioner Bott earlier today, so I'm hopeful that we can have them removed.

58:13

Thanks so much.

58:14

Have a great day, everybody.

58:15

Thank you.

58:17

That's not on the polls.

58:21

Yeah, we're too late.

58:25

Hi.

58:26

Hi.

58:27

Dr.

58:27

Long.

58:28

I won't speak until the mayor sits down.

58:30

I can't.

58:31

I got I need his attention.

58:33

Mayor.

58:34

Welcome, thank you.

58:36

So to bring a little bit of hopefully some levity to this uh amazing occasion here.

58:41

Um we understand that uh there is a up for consent vote on the farmers market coming up today.

58:48

Um I won't be able to stick around for it because um we're in the middle of producing Miami Swim Week right now.

58:54

You guys are welcome to come next week.

58:56

Um but we're just here to lend our voice.

59:00

Um putting together, so the conversation started about the farmers market um at the Blue Zone meeting that Commissioner Joe Magazine and Commissioner Tanya Bott uh held almost a year ago now.

59:14

And uh my our partner Todd English, chef Todd English, who may be walking in in a minute now.

59:20

Um started talking ago, we need to bring in the farmers market to the city of Miami Beach.

59:25

We started the conversation with Commissioner Bott, and it just took off from there.

59:30

We've developed a wonderful community within our group to bring the farmers market to Miami Beach, and uh including Chris Roberts and Chef Chris Robertson here, Carolina's been amazing what he's doing.

59:42

And so we're just here to speak on its behalf.

59:44

It is a farmer's market for the community that brings people together, addresses some of the um some you know some of the food issues and organic and educational and the experience of it.

59:55

Um it's occurring at um Westlock 85th and Collins, and uh we're just here to say thank you.

1:00:03

Thank you for your support, and we look forward to bringing something again that brings us together in a wonderful organic, no pun intended, organic way that we can enjoy from all walks of life.

1:00:16

Um that's what that's what the farmers market's about.

1:00:18

It's a labor of love.

1:00:19

And uh can't thank Commissioner Bosch, Commissioner Bott for leading the way on this uh charge, including including Cindy Cass and Over Parks.

1:00:27

But thank you, Chris.

1:00:28

Thank you.

1:00:28

Can you say your name again?

1:00:30

Oh, it's uh Rich Santalysis who asked.

1:00:35

Thank you.

1:00:36

Thank you.

1:00:36

Okay.

1:00:37

Thank you.

1:00:40

Is there anyone else in the audience who wishes to speak?

1:00:43

If not, I'm going to go to Zoom.

1:00:45

Our first caller is Amanda.

1:00:47

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

1:00:52

Amanda is gone.

1:00:54

Next caller, Johan Moore.

1:00:59

Good morning, Commissioners.

1:01:01

Uh I will have a few comments on practical affairs, but as a queer for Palestine, who opposes Zionist genocide and attempts at eradication of the Palestinian nation, I will join in calls for the fascism supporting commissioner to resign uh from this commission.

1:01:25

I would like to speak in favor of C7AI, the water rate moratorium.

1:01:34

I think six months gives the city enough time to figure out a way to uh get the money it needs for water and sewer infrastructure improvements while finding some mechanism that would alleviate the burden on the most vulnerable.

1:01:52

And I believe that has to be attached to specific AMI brackets.

1:01:58

I also am objecting to R5T, uh the uh repeatedly appearing uh suspension of the color requirements for the historic district.

1:02:10

Um and I want to support uh C4 F uh Commissioner Mateo Salinas uh Affordable Housing uh Fund as well as express my support for pursuing the possibilities of a cable car system that could augment uh the uh water taxi and that specifically might permit for a much lower cost, in fact, extending such a service across both causeways and via City Hall and the convention center, uh, which uh has proven problematic and even objectionable on the part of some uh when we're talking about extending the metro mover.

1:02:55

Thank you very much.

1:02:57

I'm just gonna comment because I I can't let false narrative just go.

1:03:01

It's interesting.

1:03:02

I don't have the exact numbers, but we hear the terms we've heard it today about genocide.

1:03:06

Meanwhile, the pop Palestinian population has increased exponentially.

1:03:10

So uh it we talk about genocide, but their population is growing.

1:03:14

Israel, after it was attacked by Hamas and uh and Iran's uh proxy, Israel sent text messages out, drops flyers, announces in advance when it's gonna bomb and go into certain areas.

1:03:28

I mean, Israel's and its defense forces take extreme measures that very few countries would take to try to have civilians out of harm's way.

1:03:38

Mr.

1:03:38

Mayor, I also want to remind everyone watching that the last caller called for the nuclear destruction of Jewish cities across the world.

1:03:49

So again, these people are extremists, and they are the symbol of hate and bigotry.

1:03:58

Uh and it's it we of course they have a a right to say whatever they want, but we have a right to call it out every time.

1:04:08

And some of those on this dais may disagree with that, but I am not gonna sit here and let extremists drown out at least my voice and the voice of reason.

1:04:22

I think we learned the lessons from history that silence is not an option.

1:04:28

Mr.

1:04:28

Mayor.

1:04:29

Commissioner Bott.

1:04:30

Um, I am not gonna get into foreign policy.

1:04:33

It is not my job.

1:04:34

I'm here to try to figure out how to fix our roads and prevent sinkholes from happening because our sewer lines fail.

1:04:40

Um I will say that as elected officials, we are very much entitled to have very different views on lots of different things.

1:04:49

We can vote our heart, our conscience.

1:04:52

Um, but our first job is public safety.

1:05:00

And I would just suggest that in our role as an elected official, it's a different thing than talking among friends about how we feel about people's actions.

1:05:30

And I think that is dangerous.

1:05:35

I think it's dangerous in the same way that posting things that are inflammatory can be dangerous.

1:05:42

And I think it is our job as public officials to not single out residents unless they are doing something illegal, in which case, by all means proceed.

1:05:55

But to identify a number of people by name repeatedly, and call them out for their views.

1:06:06

If they are not doing anything illegal, I think it is a heightened level of of attention that could result in tragedy.

1:06:18

And I I think we are being very cavalier about the um import, the weight that voices from a dais have.

1:06:28

Not necessarily today's conversation, although parts of today's conversation, but in general, I think it's bad precedent to target individuals by name from a sitting official, elected official.

1:06:45

And I think it's dangerous.

1:06:50

Commissioner Suarez, and then I do agree with your first part of your statement.

1:06:54

I'd like to get back to the order of business.

1:06:56

Just to let anybody know who's listening.

1:06:58

Uh none of us on the dais brought this up today.

1:07:01

We have members of uh some residents, some maybe not.

1:07:04

I don't know, I don't know where everyone lives.

1:07:07

But uh I believe when we hear uh narratives that are false and dangerous, they need to be countered, and that's what we're doing here.

1:07:16

And Mr.

1:07:16

Mayor, I'm not I'm not having an issue with that at all.

1:07:18

That's a discourse.

1:07:19

I I didn't say I didn't say otherwise.

1:07:21

I'm just I'm commenting for all the people who may be listening why we're having this discussion.

1:07:26

We didn't bring it up.

1:07:27

None of us here today brought these issues up.

1:07:29

We had individuals who came, as is their right, under our Sutnik hour.

1:07:33

Anyone can come in and talk about uh topics on their mind and their concerns.

1:07:38

But when when when we hear false narratives and what I believe is dangerous rhetoric that could potentially harm members of our community.

1:07:46

This is not this is not just about a conflict happening in the Middle East and in Israel 6,000 miles away.

1:07:55

This has a direct impact on people's lives here in America and in Miami Beach.

1:08:02

We see it throughout the world.

1:08:04

The violence that is happening because of this dangerous and false narrative.

1:08:09

And we saw it happen in our city, thank God nobody was injured, but we saw it happen on the rainbow bench by Loomis Park with Swat Stickers and Adolf was here.

1:08:20

It has an impact on the world, and that's why we must counter the dangerous rhetoric.

1:08:27

Commissioner Suarez.

1:08:28

Thank you, Mr.

1:08:29

Mayor.

1:08:30

So I just want to be clear that I have free speech, just like anyone else in this country has free speech.

1:08:38

I like to use my free speech in calling out bigotry and hate, and those individuals pushing that extremism.

1:08:46

And I don't see anything wrong with that.

1:08:48

I don't think that that's a bad precedent.

1:08:50

I think that's a good precedent.

1:08:52

I think finally for once when we know who anti-Semites are.

1:08:58

And people who are pushing hate, they should be called out.

1:09:01

I I don't see anything wrong with that.

1:09:05

And you know, Commissioner Bott.

1:09:08

I respect you, but respectfully.

1:09:13

I don't need to take direction from you and and to tell me what a good elected official is.

1:09:20

I mean, we both have criticisms of each other, but I I don't I don't judge how you manage your your office or what you say.

1:09:32

I I I give you free reign because this is you got elected the same time I got elected, and you have every right to say whatever you want to say, but I will never criticize you for how you conduct yourself.

1:09:46

And that's that's on you.

1:09:47

It's not on me.

1:09:48

And so, you know, respectfully, I would appreciate if you keep your comments about how I conduct myself to yourself.

1:09:54

Thank you.

1:09:56

It's a public safety issue.

1:09:58

Okay.

1:09:59

Any more callers?

1:10:01

Uh our next caller is Tim Carr.

1:10:04

Mr.

1:10:04

Carr, two minutes, please.

1:10:08

Good morning, everyone.

1:10:09

This is Tim Carr's Joby West Neighborhood Association.

1:10:12

I just wanted to call out a couple of quick items, item C4A and C7R.

1:10:17

I know it was on the consent agenda at last month.

1:10:19

Mayor, if you could please call it today, it's very important to help move this process forward to help the residents during the West AB phase two construction process to assist with parking needs and also for staging uh construction equipment uh over on the Epicure site and to help move it off at some of the sites at the parking lot next to Trader Joe's.

1:10:40

Again, moving this board will also help the city with other construction project uh staging needs throughout the city as well.

1:10:47

Uh the second item is also C7AJ.

1:10:51

Again, Eric Marshall from the Waverley condo board just recently talked.

1:10:55

Again, this is really important to remove the fences at the 10th and 14th Street Bay Walls.

1:11:00

Again, we were not even aware of the design of those fences and that they were even going to be installed.

1:11:07

I wish we had known in advance so that we could have used those funds to help install uh railings along the Mirador Baywalk, which is currently still not open because it's missing uh Baywalk fencing in that area, which is critical.

1:11:21

So again, just keep that in mind.

1:11:23

I know you have a busy day of agenda items, but again, if you could please call and discuss C4A and C7R, and also C7AJ.

1:11:31

Thank you.

1:11:33

Thank you.

1:11:33

Our next caller is Karen.

1:11:35

Karen, state your name, address.

1:11:36

You have two minutes.

1:11:41

Can you hear me?

1:11:42

Yes, go ahead.

1:11:43

Okay, my name is Karen Rukis.

1:11:45

I am a Miami Beach resident.

1:11:47

I want to thank Commissioners Alex Fernandez and David Suarez regarding their support of a moratorium on the increase of water and uh sewer infrastructure.

1:11:59

Um currently, everyone knows that we're in a period of very inflated living costs, which is making it very difficult for long-standing residents to remain residing in Miami Beach.

1:12:11

It's Miami Beach, it's not a cheap place to live in.

1:12:13

But I what I do uh take exception with is that last year I think we had a surplus of about 11.6 million dollars.

1:12:22

And as as uh Commissioner Tanya Botts said, if we needed to prevent sinkholes and improve sewer infrastructure, why wouldn't that money be spent and and directed towards uh important infrastructure?

1:12:36

The second item I want to talk about is independent waste removal.

1:12:39

I think John Norris has corresponded with me.

1:12:42

We had a uh unexpected 30% increase uh from our independent waste uh removal company, and I think that's unreasonable.

1:12:53

And um I think what we need in Miami Beach is more competition.

1:12:57

I know that John Norris had suggested that uh we might get to get to see five companies coming in uh to Miami Beach.

1:13:05

That might be an answer.

1:13:07

Um otherwise for these smaller buildings, perhaps uh city removal as per paid through our property taxes might be another idea.

1:13:15

Anyway, thank you very much for your time and again thank you for your support on this commissioners Fernandez and Suarez.

1:13:22

Thank you so much.

1:13:23

Our next caller is Assel Middleman.

1:13:29

Go ahead, please.

1:13:30

Who's from Miami Beach?

1:13:32

This is Asa Middleman from Curious Yo.

1:13:36

Our community was recently shocked to see the CBS report on your commission sending out public hate messages to other Jews for supporting peace in the Middle East.

1:13:45

Saying for mobile signs with pictures of your perceived quote Jew haters.

1:13:50

Our rabbis take note that this is not the Jewish way.

1:13:54

In fact, this is the same guy that was caught stealing political science from his opponent with his family.

1:14:01

How can a city government support the hate this person creates while disrespecting the entire Jewish community, comparing residents who simply disagree with the Palestinian genocide to the Jew hater Nick Fuentes and others?

1:14:14

It's time you get commissioners who have the capacity to behave older than a 14-year-old.

1:14:20

Thank you and Sharon.

1:14:22

Our next caller is Jessica.

1:14:24

Jessica, state your name.

1:14:26

I'm also gonna intercede.

1:14:27

Uh obviously we're on Zoom, so I don't, you know, we'll take people's words who they who they are.

1:14:32

You're always gonna have a select few in any group who sort of turns against its own people.

1:14:40

Um so, but I I'm gonna be consistent when I hear the term people throw out lies and false narratives.

1:14:47

There's there's a one-way genocide attempt here, and that's against the state of Israel.

1:14:51

Um, and I gave I gave examples before I won't repeat myself.

1:14:57

Jessica, please unmute yourself, state your name, address.

1:15:00

You have two minutes.

1:15:03

Hello, my name is Jessica Pita, resident of Miami Beach 33139.

1:15:10

Vibrant meeting here.

1:15:11

I will speak quickly and get right to the point.

1:15:15

Although let me begin um addressing everything else that has been said, preservation, historic preservation has a lot of overlap with all of these issues in regards to the conservation of resources like water, the maintenance and repair of city infrastructure, and even the topic of of deplorable acts of hate.

1:15:40

When anyone sees a beautiful place or beautiful people, there will be negative players that want to you know take that down or have it as their own.

1:15:49

And I really see the threat of constant new development as that people wanting South Beach, Miami Beach Historic Districts as their own.

1:15:58

Now, to get quickly to my comment.

1:16:00

I recently watched the HPB Historic Preservation Meeting May 12th via YouTube, something architect Enrique Norton, who works for the landowner and developer said really stuck out to me.

1:16:14

He said that replicas of historic building facades have gotten so good that you can't even tell the difference between the original and the replica.

1:16:24

Then he added, this is not a hard building to replicate, referring to 1600 Washington Avenue building, which is proposed for demolition.

1:16:33

Quickly wrapping up, this comment requires pause.

1:16:37

If we are in fact so good at recreating historic building facades, buildings in general, then what's the point of preservation at all?

1:16:46

I mean, Disneyland's castle looks just as good and authentic as England's Winth or Castle, right?

1:16:53

Wrong.

1:16:54

We all know this isn't so because we can feel the difference between authentic original architecture and replicas.

1:17:02

This sense of place.

1:17:04

Thank you.

1:17:06

Our next caller is David Rowland.

1:17:09

You have two minutes, please.

1:17:10

State your name and address.

1:17:13

Hi, thank you.

1:17:14

Um David Rowland, I live uh 8th in Euclid.

1:17:18

Uh I I called the mayor's office about this recently.

1:17:22

There's been construction over uh overnight, all night very loud construction over the sewage of manuals.

1:17:29

Uh Commissioner Magazine responded to uh Facebook post about this, but I have I have not been given reason why I called the right of way.

1:17:39

I did not get a call back.

1:17:40

Why this sewer construction for these manholes cannot be done in the daytime?

1:17:45

These roads are not busy, but meanwhile, children have school the next day, parents and non-parent adults have work the next day.

1:17:55

Why can this construction not be done during the day?

1:18:02

Thank you.

1:18:02

Simple answer.

1:18:03

Maybe we could have our public works director, uh, because this has come up numerous times.

1:18:08

I appreciate you raising the issue, Dave.

1:18:12

Morning, John Norris, Public Works Director.

1:18:14

I'd like to look into this case specifically, but they are probably doing man-hole rehab work.

1:18:20

And you know, that is citywide, so what we might need to do is look at exactly where they are, a lot of areas within the city.

1:18:27

We do not want them doing manhole rehab during the daytime due to traffic concerns.

1:18:32

We try and balance the traffic concerns with the noise complaints, and it really is a difficult thing in the city of Miami Beach.

1:18:39

So, John, if I could, I know Dave specifically, just because I had corresponded with him has uh reached out.

1:18:45

Uh it's the manhole cover issue that we discussed, and and you replied back, I think in the middle of the evening.

1:18:51

I appreciate the time and dedication on that.

1:18:53

Um, but it is in the flamingo park area, and just off the top of my head, I would agree with the gentleman that it's not a very highly trafficked area.

1:19:03

Uh, if we would be able to have some internal discussions and consideration, does it make more sense to have that there during the daytime?

1:19:10

Absolutely.

1:19:11

We'll do.

1:19:11

Thank you.

1:19:12

Yep, thank you.

1:19:13

Thank you.

1:19:13

Thanks, David, for the call.

1:19:15

Our next caller is Travis Spencer.

1:19:18

Mr.

1:19:18

Spencer, you have two minutes.

1:19:19

Please state your name and address.

1:19:23

You guys hear me okay?

1:19:24

Yes.

1:19:25

Okay, very good.

1:19:26

Uh good morning, Mayor and Commissioners.

1:19:28

My name is Travis Spencer, and I'm speaking on ordinance 2026 4800, which is the shore-based shark fishing prohibition that was codified at Section 1021.

1:19:40

The city's attorney, I'm sorry, the city attorney's office has already concluded that this ordinance must be repealed.

1:19:48

Enforcement has already been suspended, and the legal analysis is finished.

1:19:53

What remains is just procedural.

1:20:00

And the law on this is settled by Article 4, Section 9 of the Florida Constitution by Amendment 2 ratified by voters in 2024, and also by the FWC's General Counsel April 20th letter on materially identical ordinances, which was essentially the Markle Island uh situation in Florida.

1:20:18

And today, my respectful ask is direct.

1:20:23

I am requesting that a commissioner make a motion today from the dais to suspend the rules and place the repeal of ordinance 2026 4800 on the next available meeting agenda, not June 24th, not July 22nd, but preferably now.

1:20:40

And here is my offer in exchange.

1:20:43

If the commission uh or commission moves to accelerate the repeal today, I will submit in writing before the close of business a formal administration request to suspend processing of all 10 pending public record requests I currently have on file with the city pending final repeal.

1:21:03

Now, this is a meaningful operational relief for your clerk's office and your city attorney, and I am prepared to put it in writing today.

1:21:12

Now, this decision will be watched uh because we're fighting ordinances, the same ordinance or similar ordinances in Indian Shores, Reddington Shores, Treasury, sir, you're out of the Delroy Beach, uh, and our next caller is I just want to speak to the last speaker through the mayor.

1:21:32

Um, we we are going to be issuing a uh reversal of that, but ordinance take two weeks of uh notice requirements, so we couldn't just put it on this agenda.

1:21:47

Um, but I believe one of my colleagues is going to be repealing this for the next June meeting.

1:21:53

Thank you.

1:21:55

Our next caller is Wayne Roberts.

1:21:57

Mr.

1:21:57

Roberts, you have two minutes.

1:22:00

Well, you you knew my initials, WRW Wayne Robert.

1:22:05

I know them well.

1:22:07

Uh good morning, ladies and gentlemen.

1:22:09

Um, I am a Jewish voice for peace.

1:22:12

Um I find that uh that I wish these folks would focus on the real problem.

1:22:19

And the problem really is that uh uh the Iran through the IRGC and their proxies, Hamas Hezbollah, the Houthieves uh Assad has um annihilated uh over a million citizens in those countries of Lebanon and Syria and Yemen alone.

1:22:39

They've uh annihilated 30,000 of their own citizens that were rebelling against the the uh theocracy, and that uh this year alone uh uh that they turned off the internet so that that nobody could speak to the outside world, that um they have uh decimated the economic output in in the crown jewel of the Middle East and Lebanon that was number one in the world, uh in in the region uh to down to to uh $2,000 per capita, Syria down to $1,000 per capita.

1:23:17

Iran pre-war was $4,000 per capita, now it's it's approximately $2,000 per capita, and they they've ruined the lives of not only Jews, but Arabs themselves.

1:23:29

And these folks are opportunists that come into this this uh chamber in in such a uh nefarious way.

1:23:39

Um I know some of these people, and uh one I I was vehemently against uh her election uh because I knew what kind of person she really represented to me.

1:23:51

Um, and I find it offensive and the opportunists that that walk into this room.

1:23:58

We should just uh uh you know take it with a grain of salt.

1:24:04

But thank you very much.

1:24:05

Have a great day.

1:24:08

Thank you, sir.

1:24:09

Our next caller has a screen name of Miami Beach.

1:24:11

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

1:24:18

Good morning.

1:24:18

Um to Jamin.

1:24:20

8305 Crispy Boulevard.

1:24:24

Um speak about this topic, but I want to make it very clear that we are Americans, and we are protected by the freedom of speech and expression from any group, individual or elected officials.

1:24:46

As we know, Iran is the biggest sponsor of terrorism in the world.

1:25:02

They do not only go after or harm Jews, they also do that to Christians.

1:25:08

And I am a Christian.

1:25:10

They go after gays and any other entity that doesn't agree with their absurd beliefs.

1:25:17

Moreover, not to forget that they can't bet to America.

1:25:22

And that means all of us.

1:25:25

With that said, I would that said, I am opposing, also opposing item C2D.

1:25:33

As I send emails to all of you.

1:25:36

And I am sorry because I'm sick.

1:25:40

I'm also um in favor of the moratorium for the water utility hike.

1:25:47

And uh we need to really look at this hikes that are affecting us residents.

1:25:54

Um the water hikes, the uh the trash.

1:26:01

Uh it seems like everything seems rising.

1:26:04

Uh, without the proposed hike approval, we still see uh monthly increases.

1:26:13

I'm getting 800, 900 a month.

1:26:16

I'm forced to raise the HOA.

1:26:21

Please just our next caller is Lord Backham.

1:26:29

Good morning.

1:26:30

Thank you so much for having us here today.

1:26:32

Lori Bacham, executive director of Power Access and the South Beach Jazz Festival.

1:26:38

I'm here in reference to R7K to speak our opposition of this item.

1:26:44

Power Access is a local nonprofit for cultural arts and inclusion in the arts for people of all the abilities.

1:26:54

100% of our programming takes place in Miami Beach.

1:26:58

95% of our programming is free.

1:27:02

A large portion is for youth programming, but that is not all the programming we do ourselves and organizations like ours in the arts that provide programming, contribute to the 1% resort tax that brings culture to our city and cultural tourism.

1:27:22

We are also well supported by the community and residents.

1:27:26

Quality of life is increased because of our programming.

1:27:30

The way this is written, we would be excluded from cultural arts programming funding, which we rely on.

1:27:38

We are a cultural presenter.

1:27:40

We perform all over the city, and I hope that you will not pass this resolution.

1:27:46

Thank you.

1:27:47

Thank you.

1:27:48

Our next caller has a phone number that ends in 5600.

1:27:52

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

1:27:59

Please go ahead.

1:28:00

Good morning, Mayo.

1:28:04

Good morning.

1:28:06

Unmute yourself, please.

1:28:12

You're muted.

1:28:16

Good morning.

1:28:18

Good morning.

1:28:18

Can you hear me?

1:28:19

Yes.

1:28:20

Good morning.

1:28:22

Hello.

1:28:22

Uh good morning, Mayor and City Commissioner.

1:28:25

My name is Christina Vega.

1:28:27

I live in Golden Creek condominium located at 65 Washington Avenue.

1:28:32

I'm speaking today on behalf of Cyber Money Laundering and Real Estate Investigation Corps.

1:28:37

I'm here to put the city on notice regarding material representations of ownership and legal standing in development applications, specifically DRB 251159, DRB 251099, DB 220548.

1:28:58

This is a formal demand to avoid the development application to give you the city's lack of jurisdiction.

1:29:04

We conducted a forensic analysis into the documents submitted to the city related to 1790,000 votes, well city West Avenue and 935 Street.

1:29:19

We discovered forgery and material mispresentation regarding the ownership of the land to be redeveloped.

1:29:26

Under the city of Miami Beach Code Section, any application employing a device team or device to circumvent disclosure requirements must immediately be null and void without further force or ethics.

1:29:43

Therefore, the city lacks jurisdiction to proceed as the application.

1:29:47

Cyber money laundering in real estate investigation court is also filing a petition for the bank secrecy acting junction with the US Secretary of Treasury and the Office of Foreign Asset Control, along this notice of probable procedure for the computer fraud and abuse act violations report with the Department of Homeland Security and the Secret Service.

1:30:03

Either for the computer fraud and the use act violation report.

1:30:08

The Department of Home and Security and the We will send the demand to void letter along with our evident representation from 4G.

1:30:21

Thank you.

1:30:21

Unfortunately, you're out of time.

1:30:22

Our next caller is Amanda.

1:30:30

Amanda, please unmute yourself.

1:30:33

Thank you.

1:30:34

Can you hear me?

1:30:34

Yes, go ahead, please.

1:30:36

Okay, good morning, Commissioners.

1:30:38

I'm Amanda Fisher.

1:30:39

I'm a resident of Miami, and I'm a member of our local local Jewish community like yourselves.

1:30:45

I'm here today because I'm deeply disturbed and appalled by Commissioner Suarez, whose position uh is funded by the public.

1:30:54

He used his salary and his office to purchase roving billboards that circulated around Miami Beach that amplified a campaign that targeted two revered community leaders and Miami Beach residents, endangering their safety by publicly displaying their faces and calling them two haters.

1:31:10

Alan Levine is a civil rights attorney, and together he and Don Veneville have spent years modeling the very opposite of hate.

1:31:16

Their leadership within the Jewish community has created a space where many of us have learned to love being Jewish more deeply and to connect to our Jewish identities to justice to dignity and collective liberation.

1:31:29

The legacy of the civil rights movement that people like Alan have dedicated their lives to is what paved the way for you very people to be here today.

1:31:37

For there to be a Jewish mayor in a city that once was shaped by exclusion and redlining for there to be women, for there to be immigrants, differently abled people on this commission, uh to hold public office with dignity and visibility.

1:31:50

This attack does not simply offend or provoke disagreement.

1:31:53

It places both both of their lives at risk.

1:31:56

No elected official should be able to use the power and visibility of public office to target elders in our Jewish community.

1:32:02

I urge this commission to censure Commissioner Suores and to call for his resignation because the people of South Florida and Miami Beach deserve leaders who protect our safety and dignity and not endanger our lives with hate.

1:32:17

Thank you.

1:32:18

Thank you.

1:32:19

Mayor, that concludes everyone.

1:32:20

We want to clear the record that all of my salary from commission goes to charity.

1:32:26

In fact, for the first two years, it went to Pelican Harbor, Seabird Station, 100% of my charity, or 100% of my salary.

1:32:35

Uh and then unfortunately, when officer Cahuso passed away.

1:32:39

My salary now goes to his widow and three children.

1:32:45

So I want to make sure, make the record clear that none of the money that I get from the government is accepted by me, it goes to charity.

1:32:58

And I also want to make a final note that one thing I've learned in history and experiences when the people who when there are people out there who hate Jews and hate everything that you stand for.

1:33:23

And they're against you.

1:33:25

You're on you know you're doing the right thing.

1:33:28

You're on the right side of things.

1:33:30

And that doesn't just apply to anti-Semitism, that applies to anti-LGBTQ.

1:33:37

Correct.

1:33:38

Anti-black, anti-Asian.

1:33:41

When you are the one being criticized for defending the minority.

1:33:48

You know you're doing the right thing.

1:33:49

You know you're on the right track.

1:33:50

So today I learned one thing.

1:33:53

I'm on the right track.

1:33:55

And I'm very proud of myself.

1:33:57

And I think there's more than enough on here that are proud of me for what I've been doing.

1:34:02

So thank you for reminding me, everyone.

1:34:04

Thank you.

1:34:05

Thank you.

1:34:05

I agree.

1:34:06

And I'm I'm very proud of everyone on this day.

1:34:08

Uh, and the leadership that we've shown, whether it be anti-Semitism, racism against the LGBTQ community.

1:34:16

We have stood united and not divided uh in saying that bigotry, hate, racism has no place in Miami Beach.

1:34:26

Thank you, Mayor.

1:34:27

Uh everyone who was originally aligned to speak has spoken, so we may close subject at the time.

1:34:32

Okay, thank you, everyone.

1:34:33

Uh, let's get to the consent agenda.

1:34:35

Yes, Mayor.

1:34:36

Couple of announcements.

1:34:37

Uh the following items have been separated from the consent agenda.

1:34:40

You have a list that has been provided to you.

1:34:42

Mayor Minor has separated C7AE.

1:34:45

Again, C7AE.

1:34:48

Commissioner Bott is separating C2D as in dog, C7X, C7AG, C7AI, C7AL.

1:35:00

Again, C2D, C7X, C7AG, C7AI, C7AL.

1:35:07

Vice Mayor Dominguez is separating C7AL.

1:35:11

Commissioner Fernandez is separating C4O and C4R.

1:35:17

Commissioner Mateo Salinas is separating C7AH, C7AI, and C2D.

1:35:26

And for the record, Commissioner Matthias Salinas is separating C4.

1:35:31

I'm sorry, is withdrawing C4C.

1:35:34

So if you can make that notation, C4C is being withdrawn.

1:35:46

And just on the days, you have two items.

1:35:49

First, you have a revised resolution for item C7AQ, which is accept donations of approximately 200,000 for artificial turf.

1:35:59

That revised resolution is on the dais.

1:36:01

And a new item was added, C4T, which is a referral to Finance and Economic Resiliency Committee, fund critical resiliency and neighborhood infrastructures through dedicated capital millage.

1:36:13

That was by Commissioner Suarez, and I believe Commissioner Fernandez is co-sponsoring that item as well.

1:36:18

So the mayor has not approved any of the addendum items to be included on the agenda.

1:36:23

So if any of those will be heard after 5 o'clock.

1:36:27

If possible, if I could have a motion on the consent agenda excluding the separated and the addendums.

1:36:34

I'll second.

1:36:44

That is the companion item to C 7AS, which is an addendum item.

1:36:53

When you call the time certain, can those be called together?

1:36:56

Yes.

1:36:57

Thank you.

1:36:57

With that, I'll I'll second the motion to approve the agenda.

1:37:02

Okay, give me one second.

1:37:04

I have a motion by Commissioner Sore, seconded by uh Mayor Minor on the consent agenda, excluding the separated and excluding the uh the addendums.

1:37:13

Uh well, with one amendment that C7AS, which is an addendum item, is gonna be heard with its companion item R 5D.

1:37:23

So we're gonna separate C7AS as well then.

1:37:26

Right.

1:37:26

Okay.

1:37:27

Um so all in favor of the consent agenda as stated, please say aye.

1:37:32

Aye.

1:37:32

Aye.

1:37:33

Anyone opposed, hearing none, the item it the consent agenda is approved.

1:37:40

So one item that just got approved, but I want that a highlight is that we have just approved Debbie Tackett becoming our new planning director.

1:37:49

Yeah.

1:38:08

Congratulations, Debbie.

1:38:10

I I've told Tom, who's stepping down.

1:38:13

It's it's big shoes to fill, but I know you can uh you will absolutely do it.

1:38:17

I think there's complete 100% universal confidence in you.

1:38:22

Yeah, literally big shoes.

1:38:25

I told Tom we got to retire his number.

1:38:27

We gotta figure out what that number is.

1:38:28

33, right?

1:38:29

33 years with the city of mine beach.

1:38:31

So maybe that's the number we retire, but congratulations.

1:38:34

I just want to thank all of you.

1:38:35

Thank the manager and of course Tom for your confidence in me.

1:38:39

I very much look forward to our continuing uh working relationship.

1:38:43

So thank you.

1:38:44

Same here.

1:38:44

Thank you.

1:38:45

Mr.

1:38:45

Mayor Mason.

1:38:46

Commissioner Bach.

1:38:47

I'll make a quick.

1:38:47

I know we've got a lot of catching up to do from the last couple of months, but Debbie, you know, you and I first met when I was in uh nascent preservationist, and your knowledge continues to dazzle, and it is so timely now as we fight to keep what we love about our city and also not um uh let it run amok.

1:39:05

And so I am so thrilled, and Eric has um, you know, it was a really nice problem to have because I also love Rohelio, who I've gotten to know from my days on the planning board.

1:39:16

So to me, you guys are the dream team.

1:39:19

I can't wait to see what you guys are doing together with the rest of the planning department staff, and um I am here for it.

1:39:25

So you go girl.

1:39:26

Well done.

1:39:29

Thank you.

1:39:32

Let's call R9AG.

1:39:38

R9AG is discussed, take action, comprehensive citywide water taxi programs, R9AG.

1:39:46

Thank you, Jose.

1:39:47

Um sponsored, thank you to my co-sponsors, uh, Commissioner Dominguez, Commissioner Bot, but I know this has universal support in our on our commission, and really wanted to thank you, Jose, because uh we've been working on this a couple of years, and uh I I've been pushing and you've responded.

1:40:02

It's been an incredible success.

1:40:03

We have the water taxi, which is free every day, weekdays, not yet on weekends, um, going from our Maurice uh Park to Venetian Marina.

1:40:14

And uh it has received uh wide claim uh support and success.

1:40:20

Uh everyone's noticing the state, the county.

1:40:23

I've presented recently at the downtown development authority, TPO, you were there with me, transportation planning organization.

1:40:29

But really, I brought this item today is because I know um you are working actively and um a couple of things.

1:40:37

One trying to get funding for weekend service, try to increase service right now.

1:40:41

We have once an hour, literally 12 hours a day, but starting at 4 30 p.m.

1:40:46

we have uh every half hour, try to increase that so we have that all day.

1:40:50

Also increase the number of uh pickup and drop-off points.

1:40:53

So we have South of Fifth, which is uh which is a very interested in one, and North Beach as well, um, potentially going to Mount Sinai, other areas potentially going to the Casaya Center, but also going north and south throughout Miami Beach.

1:41:05

I mean, think of that, that you can hop on at first or 87th and go throughout our city to Midbeach, South Beach, North Beach.

1:41:12

Um but I wanted you to give an update what you're working on because now you're working so hard on this, uh, and I think it's it behooves all of us to be involved because um getting funding is not always the easiest uh thing, but the the opportunities are there, not just from other agencies, but potentially private partnerships that have expressed interest.

1:41:30

Um so tell us tell us what you're working on, what next steps you can use from us as a commission.

1:41:35

Thank you, Mr.

1:41:36

Mayor.

1:41:36

Good morning.

1:41:36

Uh Mayor, Commissioners, Jose Gonzalez, Transportation and Mobility Director.

1:41:41

Thank you, Mr.

1:41:41

Mayor, for the opportunity to talk about our water taxi.

1:41:45

We're extremely excited about it.

1:41:50

And a growing success, as as you pointed out.

1:41:54

Um average daily ridership is about a thousand uh passengers per day.

1:42:01

And it it start even when it started, it was at about 800, and then it's grown to about a thousand, and that's where we are now.

1:42:09

Um we are working on multiple fronts uh on different aspects of the program, both the current service as well as trying to expand on it and you know looking looking forward.

1:42:21

I'll start with the with the uh with the current service.

1:42:24

So the um with the current service, as as was pointed out, it it operates between Maurice Gibb Memorial Park and Venetian Marina in Miami.

1:42:36

Uh at the Maurice Gibb Memorial Park, there's some challenges there with the space, particularly that the Marine Patrol building will start uh uh being reconstructed uh very very soon.

1:42:50

And so there are challenges with just a lot of construction that's gonna be happening there for uh several you know, several months, probably about a year.

1:43:00

Um we're trying to work or we're working with the contractor to identify the optimal space for some amenities for the passengers, including restrooms.

1:43:11

It's very important to have uh restrooms that are a little uh fancier than just porta potties, which is what's out there today.

1:43:20

So we have a vendor that's prepared to deploy a restroom.

1:43:26

It's an upgraded restroom facility.

1:43:29

It also has for ADA uh accessibility, and we've identified a location for it.

1:43:35

It's in the parking lot, unfortunately.

1:43:38

Let's talk more about the how we increase the uh services like weekends, uh weekend services.

1:43:44

I mentioned North Beach pickup and and uh to two Miami, uh one in South Beach, and also the interconnectedness north and south.

1:43:51

How do how do we get there?

1:43:53

Sure.

1:43:53

So well, the as you know, Mr.

1:43:55

Mayor, the the the most uh the biggest challenge right now, right now, the the biggest constraint is the funding.

1:44:02

If we had more funding, we'd be able to deploy a second vessel, the the entire hours of operation.

1:44:09

Um but unfortunately, because we've got that budgetary constraint, we have one vessel in service for the majority of the day up until 4 30.

1:44:18

At 4 30 p.m.

1:44:19

we kick in a second vessel to accommodate that PM, you know, uh peak hour rush.

1:44:25

Uh and that operates till about 7 30 p.m.

1:44:29

Um so what we're doing to try to uh at a minimum maintain the funding that we have, which is 50% from FDOT and 50% city funds, is that we've reapplied um under the FDOT public transit service development program, and that's a program that funds 50% of the annual operations and maintenance of a transit program uh up to three years.

1:45:00

So we're actually coming up on our third year.

1:45:01

It'll be fiscal next fiscal year, fiscal year 28 will be year three of the service, and we've already applied for uh fiscal year 28 funds.

1:45:12

Uh we applied for half of the cost of the service.

1:45:15

The total cost of the service, by the way, is about 1.5 million dollars.

1:45:20

And that's really our our biggest constraint at this point.

1:45:25

Um there is a lot of interest on behalf of Miami Dade County, the TPO expressed some interest in this.

1:45:34

However, they they're of the opinion that the city would need to charge a fare to at least subsidize part of that operating cost of the service.

1:45:46

So I mean I I I presented there, and obviously Commissioner Suarez is the representative there.

1:45:50

I think there was some dispute.

1:45:52

There was a couple of county commissioners that mentioned that.

1:45:54

Then Commissioner uh Lopez, God bless her heart, uh, was sort of was on our was taking the position that we have been espousing that we should do everything possible to keep it free.

1:46:04

To keep it free.

1:46:04

Is anything we can do as a body?

1:46:06

Do you think there's uh additional efforts that we collectively can make uh for example resolutions to a particular body to uh enhance funding?

1:46:18

Um Mr.

1:46:19

Mayor, there have been several city commission resolutions already adopted by you know by this body.

1:46:25

Uh they've been transmitted to FDOT, they've been transmitted to Miami Dave County, to um the TPO as well, to the Citizens Independent Transportation Trust, the CITT.

1:46:38

So there have been um uh more than two, um two or two to three resolutions already adopted by this body that have been transmitted to the agencies to essentially we're just asking for support, primarily financial support from these entities.

1:46:54

And I'll turn it over to my colleagues.

1:46:56

But what's amazing about this is that one it's been incredibly successful.

1:46:59

I think the the numbers are that eight percent of passengers are being turned away, which shows you the the success.

1:47:04

I can't I went down with my family recently and we actually could not get on, uh which shows you the the interest in it.

1:47:10

It's for one flex.

1:47:12

I'm the mayor, let me on.

1:47:13

You should know the captain actually, because they I I take it enough, the captain came or someone working uh came over to me and said, you know, you're not gonna get on.

1:47:20

Do you want to like he didn't know what to do, which was nice of him.

1:47:23

I said, no, no, no, I'm standing here in line.

1:47:25

Uh the last thing I want to do is cut the line.

1:47:27

So we uh we ended up not getting on.

1:47:30

Um we were actually the cutoff this 55 passengers and we couldn't get on.

1:47:33

But what's amazing about this program is uh we talk about the uh congestion and the traffic.

1:47:40

Um this is an incredible efficient way to get across in 18 minutes to get across Biscayne Bay.

1:47:46

And we're doing all this, it it really shocks people when you tell them we're doing this for close to a year every single day during weekdays for 1.2 million dollars.

1:47:56

It's it's an incredibly efficient monetarily option, and of course it's it's fun, it's scenic, and uh people really enjoy it.

1:48:02

But let me turn it over to my colleagues.

1:48:04

Uh first we'll start with Commissioner Monica Mattel Salinas, then Commissioner Suarez, then Commissioner Bott.

1:48:09

Thank you, Mr.

1:48:09

Mayor.

1:48:10

So this is a great item, and the water taxi is excellent, and I'd like to co-sponsor this this item.

1:48:15

In terms of funding, again, I'm sure we can find some type of business that wants to sponsor the water taxi, either putting advertisements inside the water taxi, or even you know, if it was like a restaurant or something, they could pass out little food.

1:48:31

I I want to encourage us to look at advertising.

1:48:33

I don't know how my colleagues feel about this.

1:48:35

I don't know if wrapping the outside of the taxi would be, you know, there's just so many ideas to partner with private businesses, you know, that might want this water taxi that how many people ride it again?

1:48:49

About a thousand a day.

1:48:51

A week a day.

1:48:52

A day.

1:48:53

A thousand a day.

1:48:54

So a thousand people a day.

1:48:55

I mean, that's some serious eyes on these brands that might want to come in.

1:48:59

And it could be local brands, it could be a business opening that's um, you know, maybe one expanding going from Miami Beach to Miami or Miami to Miami Beach.

1:49:08

There's just so many opportunities here for for private um sponsorships.

1:49:13

And so I wanna, and and just a question for the city manager, who would be in charge of that?

1:49:20

Because I know it's probably not Jose.

1:49:23

So it's a combination of our transportation department and our marketing and communications department.

1:49:28

Umsportation, believe it or not, actually has the most history in working with advertisers through our bus shelter contracts and our static signs.

1:49:40

But um obviously we're we're constantly trying to work collaboratively to figure out ways to increase the revenue stream on that side.

1:49:49

Lovely.

1:49:50

Thank you.

1:49:52

I also want to give a shout out to Mikhail Rybov, who's uh done a lot of work on this as well.

1:49:57

Melissa, did you want to comment?

1:50:00

Because we are we are actually actively looking for a private partnership.

1:50:02

So how it would peer we don't want to make it too much where we're changing the look of the water taxi, but Melissa.

1:50:09

Sure, good morning, Melissa Berthier, director of marketing communications.

1:50:13

Um we actually did have a conversation with Outfront uh to explore it, and they weren't as interested because the volume wasn't there.

1:50:21

So I'm just sharing it.

1:50:23

Well, that's the issue.

1:50:24

It's not there yet.

1:50:25

Sorry, sorry for interjecting, but it's not there yet, and we need to find partners who understand the value of getting in early because it's going to expand.

1:50:34

So out front, maybe they don't get access to this.

1:50:41

Well said.

1:50:42

Commissioner Suarez.

1:50:43

Thank you, Mr.

1:50:44

Mayor.

1:50:44

And Mr.

1:50:44

Mayor, you were at the TPO meeting where some of the concerns were raised by other county commissioners.

1:50:50

And I think there is there is certainly a propensity for funding from the county for this program.

1:50:58

But one of the concerns that was raised was at least if we're gonna if they if the county's gonna ask for money from the state for funding, there has to at least be the appearance that we're trying to make it self-sustainable uh as far as funding as far as maybe perhaps a fee.

1:51:18

Um it doesn't have to be a very expensive fee, but I just wanted to see and uh look, I understand the the concept that if it's free, people are gonna use it.

1:51:30

But if we have the possibility of going to the county and expanding this if we were to charge perhaps a small fee, maybe a dollar.

1:51:39

Um and that would open up two, three different routes.

1:51:43

I don't know how my colleagues would feel about that.

1:51:46

Mr.

1:51:46

Mayor?

1:51:47

Members.

1:51:48

Commission did you did you want to say um so I I think that's an interesting um uh uh way to approach it.

1:51:57

We could also do sort of charge for tourists versus charge for commuters.

1:52:02

Maybe there's a monthly pass for $15 for uh you know, but I think there are ways to look at it.

1:52:07

Um I would I I think a lot of us are working on um finding private funding.

1:52:13

Um I know I am working with one of our largest employers trying to do that.

1:52:17

Um I also know that Blue Zones, um, which we are very close to pushing play on officially, which I'm very excited about, but that's for another time.

1:52:25

Um, is you know, this is exactly the sort of thing that Blue Zones will help us get funding for because it addresses one of the quality major quality of life issues, and they can help us um expand our pool of potential grants, uh private philanthropy underwriting.

1:52:41

So there's a lot of um different ways to do it.

1:52:44

So I I would be interested in seeing if we could find private funding first to try to keep it free, um, or maybe explore it concurrently and then not you know decide once we have more information.

1:52:58

Um so that's that's to your question.

1:53:01

The other things that I was going to um ask.

1:53:04

Jose, one of the the opportunities that we're really excited about is um having go north and south.

1:53:10

And so I know we've had conversations about where the landing spots would be from you know 71st Street down to um the Miami Marina, uh, Miami Beach Marina.

1:53:20

I don't want us, I I think what happens a lot of times is that when we have an idea, we wait until you know everything is set before we start doing the work to make the idea happen.

1:53:31

Um because we're all running around doing lots of other things at the same time.

1:53:36

I what I want to make sure is that when we do get the funding to expand, because we will, that it's not a question of if it's a question of when and how quickly, that we are ready to go with we have the sites identified, we know where they're gonna go, we know what it's gonna take, we've got the permit applications ready to go so that we can just hit pr you know, press play and go ASAP.

1:53:58

Um because it will really stink if we've got funding identified and then it takes three years to start the permitting process or figure out where it's gonna go.

1:54:05

So I know you guys are understaffed.

1:54:07

Misha, I'm sorry, that's probably gonna fall on your shoulders, but um so I just want to put that out there so that we don't lose sight of that and get caught short short-sighted if all of a sudden we get a windfall.

1:54:18

The other question um uh I my understanding is that currently bikes are not allowed on the ferry.

1:54:25

Is that correct?

1:54:26

Or is that increased?

1:54:26

They are allowed.

1:54:27

They are allowed, okay.

1:54:28

And e-devices, might be scooters as well.

1:54:31

Everything is so it's not an issue.

1:54:32

Is there a limit on how many can fit?

1:54:34

I believe there is a limit of four devices.

1:54:37

Okay.

1:54:38

Four four devices per per trip.

1:54:41

And that's just because of the capacity constraint within the So I wonder if you know, down the road once we get this up and running and it becomes more of a commuter thing, and I know Commissioner Lopez was working on trying to find parking on the Miami side, so it can become more of a commuter thing, but that last mile connectivity, so that maybe we think about um at rush hour at rush hour times.

1:55:02

Um do we allow you know maybe fewer people or run two boats at the same time so we can get more e-devices or bikes going back and forth so that people can use it as a true commuter um vessel, no pun intended, um to to address that need because again, the more people we get off the roads, the better off we'll be.

1:55:22

So just food for thought as you keep moving with this really excellent initiative.

1:55:28

Thank you, Commissioner Magazine.

1:55:30

Uh thank you, Mr.

1:55:32

Mayor, for your leadership on this.

1:55:33

And Ralph, please add me as a co-sponsor for this.

1:55:36

Um in terms of uh charging, and I don't know the dynamics that were discussed at TPO, so perhaps it's uh to get federal or state funding, we need to show uh progress towards it being self-sustaining.

1:55:49

So this comment is kind of absent having that background knowledge.

1:55:53

But um it's actually there's a fascinating interview just this morning on CNBC by Jeff Bezos, and he advocated for reducing the taxes for uh people making $75,000 per year less.

1:56:05

But he said it's not reduced them to 3% or 5% or 10%, should be free.

1:56:11

And he goes, There's a reason Amazon charges free shipping that we don't charge a dollar.

1:56:16

So if we're discussing price dynamics, perhaps we kind of do something that's going to make it self-sustainable, which will probably decrease ridership but raise a little bit more money or free, right?

1:56:30

So maybe three or four, no, four or five dollars per ride or free.

1:56:35

I think if we go with something ceremonial, like two bucks, we're probably not going to generate much revenue.

1:56:42

But we'll lose a lot of ridership just because there's some people where if they have to pay, whether it be 10 cents, a quarter, or a dollar, they're not going to ride it.

1:56:53

Um you're going to get your core rider, so I think we just decide do we make the decision to get on the path towards it being self-sustaining?

1:57:02

And if that is, then we actually have a tangible amount there uh or zero.

1:57:08

Um it's just kind of my initial thoughts.

1:57:10

So I'm not dogmatic about it, but that interview this morning just seemed uh pretty relevant.

1:57:15

Yeah, my thinking on this is that we had in the past, our city has tried paid for services via private operators, which I uh voted against because they fail.

1:57:26

They charge too much money, and there are people are not going to use them.

1:57:28

So maybe in sometime in the future, there's a place to charge a minimum amount, but this is still in its infancy.

1:57:35

Uh as you say, the ridership keeps increasing.

1:57:38

There's an excitement level to it.

1:57:39

We want people off the roads.

1:57:41

It's uh it's incredible because we talk about I mean, my when you look at the state of Florida and FDOT does studies, we're code red in South Florida.

1:57:50

It's not just Miami Beach, it's South Florida, we're code red.

1:57:52

This is for literal what they were talking about doing a a bay link, and that um that's not this discussion, which would cost over a billion dollars.

1:58:00

This is one million dollars.

1:58:02

We are providing a service literally almost every day, I mean every weekday, and for 10, 15, 20 million dollars, we can have a whole network going.

1:58:10

It's it's it's it's it's literally peanuts compared to a bigger picture and other options.

1:58:17

I mean, they're talking about big building highways uh over the MacArthur or the Tuttle.

1:58:24

We're talking billions and billions of dollars and years.

1:58:27

This is a water taxi that we could get literally up and running in in a matter of weeks, if not if not uh in literally in the matter of weeks.

1:58:35

And we're talking in the in the low millions of dollars, 10, 20, 30 million dollars to run a whole network.

1:58:42

So um I I don't get why it is even so difficult to get that funding.

1:58:48

I've had conversations and I'm actually working with some uh some senators in in uh Congress to try to get federal funding.

1:58:56

One of the obstacles we had getting federal funding is they want to see a level of success before that they will provide grants.

1:59:02

And they're more the infrastructure, which is necessary, but we've we we now have that success, which we never had before with any of the operators.

1:59:10

So there's a lot of uh movement, but I uh I I wanted to bring it up because I I I know we have buy-in from our entire commission.

1:59:16

I know our we're we're completely supportive, and we need to just keep pushing this forward together.

1:59:21

Mr.

1:59:22

Mayor?

1:59:22

Commissioner Bach.

1:59:23

Have you has there been outreach to find because it's a water aren't they the the people who helped us with the marine with the um mooring field?

1:59:32

It's water transportation, it's ecologically sound.

1:59:35

Um it might maybe this falls within their purview of of funding.

1:59:41

Um I just want to chime in for find that's they're morally responsible for one time uh projects.

1:59:48

I don't think they're I don't think they fund ongoing.

1:59:52

No, but they could fund the building of the docks, for instance.

1:59:55

Yeah.

1:59:56

That's correct, uh Commissioner.

2:00:00

Uh we have had uh discussions with one of the representatives uh from FIND.

2:00:03

And one of the things we learned, which the mayor uh touched on is that in order to apply for federal funds, we need to show success.

2:00:10

We also need to show that we've done our due diligence and our research in terms of where the dock will be located, what will it cost?

2:00:18

And so that's gonna require, and it's something we're working on now, is taking the initial the initial feasibility study that we did that was done by a water taxi national water taxi expert, KPFF.

2:00:31

We're taking that analysis and you know, drilling down.

2:00:34

And as a matter of fact, this item, the mayor's item lists uh several locations and uh all of these locations are on either the KPFF feasibility study or the TPO's feasibility study.

2:00:48

But those are high-level feasibility studies.

2:00:50

We need to now take those and drill down on these locations to see exactly what it will take and what it what it will cost to build a dock at that location, and then we'll be better positioned to be able to apply for the capital of funds that are provided by FIND and by the Federal Transit Administration.

2:01:09

And is the drilling down in those locations that have already been identified?

2:01:13

Is that covered within your department?

2:01:14

Or is that something that we also need to find funding for?

2:01:18

We are in the scoping process, so I don't have a cost for you yet, but we may need uh uh influx of funding in order to get to that next phase, that more detailed phase that looks at all of these locations and determines feasibility, determines where the dog would be located.

2:01:38

Will you have that information so that we can figure it out as part of our budget process for 27?

2:01:43

I can certainly have a cost, yes.

2:01:45

Yeah, okay, let's make sure that that is something that we capture.

2:01:48

Please thank you.

2:01:55

Mr.

2:01:56

Mayor.

2:01:56

Commissioner Fernandez.

2:01:58

Thank you, Mr.

2:01:58

Mayor.

2:01:58

I I'll just be quick.

2:02:00

There is one thing that I do know, just having observed government for a long time.

2:02:06

Free transportation is successful transportation.

2:02:10

When you look at the Metrorail, the Metrorail has had great success because it is fare-free.

2:02:15

When you look at the trolley services, the trolley services are successful throughout all the municipalities because in the large part they're there are free, especially when you look at our municipal trolley.

2:02:26

Uh and I think that that's part of the success of this iteration, Mr.

2:02:29

Mayor, of the water taxi that you've led on and that you have successfully implemented.

2:02:35

And I do think that putting a user-free on it will hurt ridership and ultimately the success of the program.

2:02:42

I'd like to propose, Mr.

2:02:43

Mayor, that we consider hiring a lobbyist that specializes on county government for this specific issue.

2:02:51

Uh, because I do I do think we need someone that is dedicated on advancing this.

2:02:57

This is transformative, uh, a transformative mode of transportation that's gonna cost a fraction of any other mode that has ever been proposed.

2:03:07

And so I just want to put that out there as a suggestion.

2:03:11

I'm gonna turn it over to Eric.

2:03:13

I I like that, thank you.

2:03:14

I mean, I'm wondering if uh the and the city administration come back with a proposal.

2:03:21

Yeah, we can certainly take a look at that and see what makes sense, and obviously we would want to make sure that they were bringing in more than they were costing.

2:03:30

Right.

2:03:31

That's always the uh I figure with your county connections, Commissioner.

2:03:39

I know.

2:03:41

Commissioner Magazine I like the idea, Commissioner Fernandez about having a lobbyist, but I not but um this isn't the butt isn't towards you.

2:03:52

Of all the lobbyists that do business in front of us in the city, are you telling not you?

2:03:58

Um just there none of them.

2:04:02

Yeah.

2:04:03

For the good of the community, for the good of the city, the city that they live in, the city that they make a living in.

2:04:08

That they get stuck in traffic.

2:04:09

I'm looking around for our hands.

2:04:12

Um, I I think I I agree with that, and I think this ways to do it.

2:04:16

Um I I love the fact that you're mentioning it, Commissioner Fernandez, because you're you're you're highlighting it for people.

2:04:21

Um, but it it I guess it behooves us to take a look at what's potential.

2:04:26

I think the concern is how much we'd be spending on it.

2:04:29

Yeah, we'll we'll take a look at different options and and maybe bring back a couple of different ones.

2:04:40

Great.

2:04:40

Thank you, Jose.

2:04:42

Thank you, Mr.

2:04:42

Mayor.

2:04:45

That's yes, sounds like a good idea.

2:04:48

Let's call um R5 F.

2:05:00

Let's call um R5 Five F is the Norse of the Mayor City Commission of City of May Beach, Florida amending chapter 46 of the City Code and Title Environment by amending Article 4 entitled Noise by amending Section 46-152 and titled Noises Unnecessary and Excessive Prohibited.

2:05:18

But amend subsection B to reduce distance to establish prima facile evidence of the specified noise violation during a specified hours providing for repeal or subbility calification and an effective date.

2:05:28

And move the item.

2:05:29

Is that second reading public hearing is item R5F?

2:05:32

I see no one on Zoom and no one use the sponsor.

2:05:36

I see no one on Zoom and no one in the audience requesting to speak or adding Commissioner Magazine as a sponsor.

2:05:41

I believe I heard a motion by Commissioner Bott.

2:05:44

And second by Commissioner Mateo Salinas.

2:05:47

Okay, so I have a if there's no discussion, I'll call the roll.

2:05:52

So motion by Commissioner Bott, seconded by uh Monica Mateo Salinas, uh co-sponsored by Commissioner Magazine.

2:05:59

Commissioner Mateusolinas.

2:06:01

Yes.

2:06:01

Commissioner Bott.

2:06:03

Yes.

2:06:03

Vice uh Commissioner Magazine.

2:06:05

Yes.

2:06:05

Vice Mayor Dominguez.

2:06:07

Yes.

2:06:07

Commissioner Suarez.

2:06:09

Yes.

2:06:09

Commissioner Fernandez?

2:06:11

Heard a yes.

2:06:12

Mayor Minor.

2:06:13

Yes.

2:06:14

Motion is approved 70.

2:06:16

That was item R5F.

2:06:23

Let's call R5A.

2:06:28

R5A is an ordinance of the Mayor and City Commission of the City of Ivy Beach Florida, amending chapter 78 of the Bible Beach City Code, and titled 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 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 the active military duty by amending section 78-286 to increase the cap of the maximum amount of annual leave hours that may be accrued from 500 hours 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 by amending section 78-29292 to authorize transfer of part or all of accrued leave to an employee's 457 B account upon retirement resignation termination or death and authorize the use of accrued leave to be used to extinguish a debt owed by the city, such as reimbursement over repayments through payroll or unpaid insurance premiums, repeating all ordinances in conflict with this ordinance and further providing for several ability codification and an effective date.

2:07:38

This is a second reading public hearing, and it's item R5A.

2:07:43

Thank you.

2:07:43

Commissioner Mateasalinas.

2:07:45

So hi Marla.

2:07:48

This is a uh item that we're doing that will benefit our employees.

2:07:53

So this is something that will help them feel a little bit better and appreciated here working for the city of Miami Beach.

2:07:57

And Marla, if you'd like to explain the details, that'd be great.

2:08:01

Through the chair.

2:08:02

Marla L.

2:08:02

Pizar, Human Resources Director.

2:08:05

Um yes, Commissioner, thank you.

2:08:07

Um this is a uh ordinance.

2:08:09

Uh this and its companion item for unclassified leave as well.

2:08:13

Will um allow us to align with our collective bargaining agreements and raise the uh the amount of leave accrual uh to remain constant between years from 500 um maximum to 600 maximum.

2:08:29

Um that is the uh proposal before you play in English, please.

2:08:37

So when you accrue vacation, um you can get to a maximum of uh right now under the ordinance of 500 hours.

2:08:47

This ordinance will change the maximum every uh before uh that can be carried from year to year to 600 hours.

2:08:54

So essentially if you're working really, really hard and you never take days off and you love your job and you love this city and you bust your bot and you don't take your time, you can now roll over to more time to the next year.

2:09:08

That is correct.

2:09:12

How does that ultimately impact pensions and I always hear these infamous stories of the Long Island Railroad, right?

2:09:26

These guys will just stack vacation days and then when they go to retire, they'll say, Well, I uh have all these vacation days, I'm working this extra overtime, and that's essentially in their last years what they base the retirement off of.

2:09:41

Whether it be that or other financial implications, what are the financial implications of this?

2:09:46

There are no financial implications to speak of because the cap for when you're paid out when you leave the city is remains the same at 620 for vacation.

2:09:57

So there's no change to the final payout cap.

2:10:01

This is the amount of leave that you can roll over from year to year.

2:10:05

So not to name names, but you know, there are individuals that can't use all their vacation and they lose it every year, unfortunately.

2:10:18

Does this pay them out their vacation?

2:10:21

I I didn't I can you repeat the question?

2:10:23

Do they get paid out their vacation or they just get to take more of the next year?

2:10:27

Neither.

2:10:28

Um when it this when you leave the city, you're paid out up to a cap of 620.

2:10:34

That remains constant.

2:10:36

But when you're working here and you have a lot of vacation because you don't use all your vacation, from year to year, you can only carry over 500.

2:10:45

500 what?

2:10:46

Hours.

2:10:47

So uh translate that for me.

2:10:50

So if I've been here for a long time and I have 520 hours and I can't take time off.

2:10:57

Oh, I'm sorry, I thought you said per year.

2:10:59

Okay.

2:10:59

Right.

2:11:00

And that year we would have to swipe 20 hours from you so that you could only carry from year to year 500 hours.

2:11:08

But when you leave the city, you can be paid up to 620 hours.

2:11:12

So this brings the cap to six hundred, so that from year to year the cap can stay constant at 600.

2:11:19

When you leave the city, you may be paid up to 620.

2:11:23

So there could be significant Jason.

2:11:26

There could be significant financial implications of this.

2:11:30

So there the city books, the the and I don't want to speak for the finance department, but we we maintain our um liabilities based on the cap when you're paid out, which is 620.

2:11:44

Use just me as an example or or Joe employee.

2:11:49

If I can, uh Jason Green, Chief Financial Officer, to just answer directly the question about pensionable.

2:11:54

It says never.

2:11:56

Okay, I just forget it.

2:11:57

Include that, but don't make it exhaustive of just pension.

2:12:01

Sure.

2:12:01

So this would have no financial impact because uh two things.

2:12:06

You when your your payout is not pensionable.

2:12:09

So your pension is based on what your annual salary is.

2:12:12

So if you have an annual salary of $80,000, your pension would be based on 80,000, regardless of if you got paid out on unused vacation of 20 hours or 500 hours.

2:12:21

And you only get paid out the payout amount of the cap of 620 doesn't change in here.

2:12:26

It's just how much rolls over from one year to the next, so that has no financial impact to the city at all.

2:12:32

But individually, while that cap remains the same, if we're rolling over more and more, let's say 100 people now.

2:12:43

Well, the cap doesn't go up, but let's say we roll over an extra how many hours per year per individual.

2:12:51

The cap was is proposed to be raised from 500 per year to 600 per year.

2:12:56

So you have to use that hundred hours during that year, you wouldn't get paid out.

2:13:00

So again, the financial impact I'm writing a check, the amount I would be writing the check will never change.

2:13:04

So there would be no financial impact to the city.

2:13:08

It would just allow the uh employee to take a little bit more vacation the next year.

2:13:12

And I think is uh said, you know, oftentimes, especially longer term employees uh accrue a certain amount, and because of just the the our jobs like myself, uh when my family's out during the summer, you know, if the teachers, you know, I can only take a few uh about a week uh after the July commission meeting.

2:13:31

So I don't have an opportunity to uh I don't have an ability to take all these take off my vacation.

2:13:37

How many I I guess I'm getting confused by these number of hours per year.

2:13:43

We're raising the cap that you can roll over per year.

2:13:48

It it's not cumulative.

2:13:50

So it's not 500, then another 500, then another 500, then another 500.

2:13:54

It's just a max of 500.

2:13:56

But why are we saying per year?

2:13:58

Because at the end of the at the end of each calendar year, uh the amount that we rolled over uh would be safe.

2:14:04

You roll over every single year.

2:14:07

So okay.

2:14:08

How much could you accrue in any given year?

2:14:12

Oh wow.

2:14:13

Um I'm not good at this.

2:14:14

Um I believe that commissioner, if I could, um, when you start working for the city, you get a uh up to two weeks vacation, so that could be the equivalent of 80 hours.

2:14:25

After you get to 10 years, it goes up to to three weeks that you could acquire.

2:14:31

So you're looking, you're looking at about 120 hours that you could gain at that point in time.

2:14:36

This was throwing me off, because if we have to move 100, so anyway.

2:14:39

Every year every year when December comes, if up to 500, you can roll it to the next year and you don't lose it.

2:14:46

If you have 520 hours, as Marla was saying, then when we roll over, 20 hours drops off and you only take 500 forward.

2:14:54

All this does is allow you now to carry over the maximum of 600 hours.

2:15:00

It still doesn't have any impact on that final maximum payout that you could get of 620.

2:15:04

So it just it it doesn't if you're it doesn't force you to take that vacation at the end of the year just to be able to burn those hours, which is what one of the issues that we have is that you know you get to the end of the year, you had thought you were going to be able to make take a vacation, you couldn't for whatever work reasons, and now you have this time, so it's not forcing people to take that time off in December where everybody starts taking off.

2:15:26

So it just can't allow you to carry it over, and then you can use it in January or February or any time during that next year.

2:15:31

But once you get to that 600, now you that's that's the max.

2:15:35

You you so it's not there's no cost impact.

2:15:38

It's just what you can carry over and use it in the beginning of the next year.

2:15:43

I'm having a hard time uh making logic of that, but I'll take your word for it.

2:15:48

Thank you, sir.

2:15:49

I hope it's not the the Fox Gording the in-house, you know, telling them.

2:15:52

Uh but no, I I say that in jest.

2:15:54

Um okay.

2:15:55

Uh there's no financial impact.

2:15:57

Uh I'll I'll take your word uh try and make logic out of that later.

2:16:06

If no, do I have a motion?

2:16:09

Um second hand.

2:16:11

I mean motion by Commissioner Suarez, seconded by Commissioner Fernandez.

2:16:16

It is a public hearing.

2:16:17

I see no one on Zoom and no one in the audience.

2:16:20

I'm gonna call the roll.

2:16:21

Vice Mayor Dominguez.

2:16:22

Yeah.

2:16:23

Commissioner Mattel Salinas.

2:16:25

Yes.

2:16:25

Commissioner Fernandez, yes, Commissioner Bott.

2:16:28

Yes.

2:16:29

Commissioner Magazine.

2:16:30

Yes.

2:16:30

Commissioner Suarez.

2:16:31

Yes.

2:16:32

Mayor Minor.

2:16:33

Yes.

2:16:33

Motion carries item R5A is approved.

2:16:36

Mayor Do companion item R5B.

2:16:38

Yes.

2:16:40

R5B is an order to the mayor, so the Commission might be sword.

2:16:43

Amending Chapter 78, it might be City Code and title personnel by amending Article 4 and title Unclassified Employee Leave by amending Section 78-181.

2:16:50

Entitled definitions 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 access to the carry forward cap, otherwise forfeited as a result of the act of military duty by amending section 78-183 to increase the cap of the maximum amount of annual leave hours that may be accrued from 500 hours to 600 hours or attractive to December 31st, 2025 by amending section of 78-189 to authorize transfer of part or all of accrued leave to employees 457B account upon retirement, resignation, termination, or death, and authorize the use of accrued leave to be used to extinguish a debt owed by the city, so owed to the city, such as reimbursement of overpayments through payroll or unpaid insurance premiums, repealing or ordinances in conflict with this ordinance and providing for several ability codification and effective date.

2:17:38

This is a second reading public hearing.

2:17:40

It is item R5B.

2:17:41

I'd like to move the item.

2:17:44

Motion by Commissioner Monica Matel Salinas, seconded by Commissioner Suarez.

2:17:49

It is a public hearing.

2:17:54

Yes.

2:17:55

Commissioner Mattel Salinas.

2:17:56

Yes.

2:17:57

Commissioner Fernandez.

2:17:58

Yes.

2:17:59

Commissioner Magazine.

2:18:00

Yes.

2:18:01

Commissioner Bott?

2:18:02

Yes.

2:18:02

Commissioner Suarez.

2:18:04

Mayor Minor.

2:18:04

Yes.

2:18:05

Motion carries the item is approved.

2:18:06

That was Adam R5D.

2:18:18

Yes.

2:18:19

Yes.

2:18:21

R7AE.

2:18:22

R7AE's approved second amendment to Lincoln Road bid MOU, R7AE.

2:18:29

Thank you, John.

2:18:31

First, I want to thank the Lincoln Road bid and Annabelle.

2:18:36

Lopez is here and all the work they did.

2:18:38

You see when you come down the Lincoln Road, there's a lot of activations.

2:18:42

Just opened a FIFA store the other day, which was a nice addition.

2:18:46

And uh I gotta tell you, hopefully we're all seeing it.

2:18:49

When I walk down Lincoln Road, it's pretty uh it's pretty busy.

2:18:52

It's it's robust, it's alive.

2:18:55

Take it away, John.

2:18:56

All right.

2:18:57

Um we're here today to um to extend the city's funding for the for the environment, the maintenance, the hospitality, that the work that they do block by block um on Lincoln Road.

2:19:09

A second.

2:19:10

Hold on, I heard motion by Commissioner Fernandez, secondary by Mayor Minor on item R7AE.

2:19:17

All in favor?

2:19:19

Thank you.

2:19:20

Can we can we just specify what this is?

2:19:24

I mean, if I'm the public, I'm just sitting here watching this.

2:19:27

Oh, what's the second amendment to the Lincoln Road bid MOE?

2:19:32

I know you have some staff out there, you want to explain what they do, or you want to make it a good idea.

2:19:35

Yes, absolutely.

2:19:35

Okay.

2:19:36

Annabelle Yopies, executive director for the Lincoln Road bid.

2:19:39

So I think everybody knows what the bid does.

2:19:41

What is the amendment?

2:19:44

So the bid and the city has had an MOU since I think 2017 to go in partnership with really cleanliness and an ambassador program on Lincoln Road.

2:19:54

And right now we have a company called Block by Block.

2:19:57

They do a lot of the urban um districts around town and across the nation.

2:20:02

So if they're really our eyes and ears of if there's a house situation, if somebody broke into a store, we had a situation not too long ago.

2:20:11

They are constantly walking around Lincoln Road, uh doing light cleaning, uh working with the tenants, working with the visitors who come to Lincoln Road and they want to know where to go.

2:20:22

Um but they are really a liaison with the city as well and support the public sanitation program on Lincoln Road.

2:20:32

Why do we not do that?

2:20:34

I I Well, it's a partnership there.

2:20:37

Yeah.

2:20:38

I sent an email.

2:20:39

I walk Lincoln Road every single day, every single day, constantly just looking what is good, what is bad, what needs to be fixed.

2:20:47

And I said, We're in like peak season here.

2:20:51

We paid hundreds of thousands of dollars for new pressure washers.

2:20:56

And like where are we getting banged for our books?

2:20:59

So who cleans Lincoln Road on various departments?

2:21:02

Maybe if we could have John come up here as well.

2:21:05

Various departments are out there.

2:21:06

You have um you know facil facilities out there, you have doing painting and whatnot.

2:21:11

You have sanitation out there, you have green space out there, we're taking care of the fountains, and then we have this this additional service, almost like ambassadors and additional cleaning that that's out there as well.

2:21:22

Um I see them with their pails and their t-shirts and whatnot.

2:21:25

But does various departments do the individual shop owners have or stores have any uh requirement for the public rights of way in front of their buildings, or is that all the city and these partnerships?

2:21:38

No, there is the the private sector doesn't have any responsibility in cleaning anything beyond their lease line.

2:21:44

That is all public right-away.

2:21:46

And how about for these deep cleanings?

2:21:48

Uh tell me, maybe John.

2:21:50

Uh the heavy-duty pressure washers.

2:21:53

Heavy duty pressure washing uh city does handle that, and we also have sanitation crews, hand crews working the area all day long.

2:22:01

They're emptying trash and assisting and picking up, but then the bid also has uh litter pickup as well.

2:22:07

And we do have an effort right now regarding the the world cup where we do have all teams got together, they did a walkthrough, all city teams, and we are working through the road right now, doing exactly what you're talking about, the painting, the deep pressure cleaning and preparation.

2:22:20

I I request that we all do a walk through tomorrow morning.

2:22:24

I do one every single day.

2:22:26

Uh, I'm not happy about having to have the World Cup as a catalyst for the gum, the dirt to look world class, right?

2:22:38

It shouldn't just be because of the World Cup, and I want to make sure that I'm not off in my analysis.

2:22:43

So I I'd request that at some point uh maybe tomorrow morning, Friday morning that we all kind of take a walk before the crowd sit in.

2:22:50

If you could Friday morning, I'd be available.

2:22:53

All right, just for the record, Friday morning is the Jewish religious holiday of show out, so I won't be able to do it Friday morning, but uh if you do it tomorrow morning, I'll I'll be there.

2:23:02

And does this increase funding?

2:23:05

The amendment.

2:23:08

So yes, it incorporates the CPI.

2:23:11

The CPI from what was agreed to last year.

2:23:14

And this is a partnership.

2:23:16

They are funding a portion of the Black by Block Services, the city's funding a portion, and this is one of the fundamental reasons for creation of a bid is to give them the ability to tax themselves additional.

2:23:31

I get all of that part.

2:23:32

I just wanted to know what was being amended from the original agreement.

2:23:36

So just CPI and create it.

2:23:38

Perfect.

2:23:38

Uh I appreciate you and the bid.

2:23:40

Uh the recent activations have been great.

2:23:43

Um you had thousands of people uh there for the ping pong puff.

2:23:50

My daughter knows better than I.

2:23:52

Yes, my teenage daughter uh told me and and we I actually took her down there.

2:23:57

It was incredible.

2:23:58

It was it was we probably had close to 9,000 people come for that activation.

2:24:02

The swatch was interesting.

2:24:04

It was yes, global lease watch was an interesting uh drop.

2:24:08

So thank you for the work you do.

2:24:11

Commissioner McCassalinas.

2:24:13

Um I'd actually like to co-sponsor this item because I I'm actually I see the black by block folks that walk around and they have the shirts on, and um they always smile at me and they are very friendly and helpful, and so it's a great program, and I appreciate the fact that you're also investing in this program.

2:24:31

So thank you very much.

2:24:31

And please listen to the sponsor.

2:24:33

Invests over 221,000 a year in this program, in addition that we cover the cost of the rent for the office that they have to be housed out of.

2:24:41

So there is a lot of of support and contribution on the private side, and that's why it makes a great partnership with the city.

2:24:48

Um it's much needed because we can react to things a lot quicker.

2:24:52

Um they tell me they call us and we're able to call the city if it's something bigger than that we can handle.

2:25:00

So those are our immediate eyes and ears, you know, that we can react quickly to things.

2:25:04

And Commissioner Magazine, I'm available Thursday and Friday morning for the walkthrough.

2:25:07

Happy to do that with you.

2:25:09

Depends on how early though, but I'll do it.

2:25:11

6 a.m.

2:25:13

Mr.

2:25:14

Using Commissioner Bott.

2:25:16

I think if I'm not mistaken, um they were actually memorialized in Lincoln Road Hustle, right?

2:25:21

Weren't two of the characters talking about their jobs and what was going on and so it was yes.

2:25:27

They are now part of Miami Beach Lore.

2:25:29

And in addition to being uh very helpful in providing a useful service, um it's that's a pretty cool thing too.

2:25:37

Yeah.

2:25:38

Through the chair, if I may, uh the amendment is extending the agreement for an additional year.

2:25:43

So that is the reason for the amendment.

2:25:45

Right.

2:25:46

Yeah.

2:25:46

Well, thank you, Annabelle.

2:25:47

Thank you for working with me on this.

2:25:49

Uh thank you very much for supporting Mayor and Commissioner.

2:25:52

Absolutely.

2:25:52

Thank you for your work, Lyle Stern, who uh we love working with.

2:25:56

I'm also gonna give a shout out because I've actually heard recently um a number of residents commend us uh as a body, our our police, um ALBA, because uh it's it's a constant effort, but um there used to be uh a pretty large issue, especially early mornings with with homeless population on Lincoln Road, and number of people commented they walk out there every day early and they do not see those same issues.

2:26:21

We have definitely seen a positive change on that.

2:26:24

So thanks.

2:26:25

Thank you to all involved in that.

2:26:27

Great.

2:26:27

Thank you.

2:26:28

So let's take the vote.

2:26:29

It uh motion by Commissioner Fernandez, secondary by Mayor Minor.

2:26:32

All in favor of R7AE, please say yes.

2:26:36

Yes, yes, aye.

2:26:37

Any opposed, hearing none, the item is approved 7-0.

2:26:40

That was R 700.

2:26:41

Rafael, I emailed earlier that I want to be a co-sponsor on this as well.

2:26:44

Okay, so this is we're adding you and we're adding Commissioner Mateo Salinas.

2:26:49

Excellent.

2:26:50

Thank you.

2:26:51

Oh, we actually have one more HR item, R5C.

2:26:57

R5C is an order to the Mayor City Commissioner of City by Beach Fort Amending the Miami Beach employees retirement plan created by ordinance number 20, like ordinance number 2006-3504, uh subsequently amended by amending sections two, three, four, and five to correct errors in the internal cross-referencing to increase the drop participation period for members in the AFSME bargaining unit from five to eight years to allow for the re employment of retirees after a period of separation of at least six months, continued receipt of re retirement allowance during the employment and a foregoing eligibility to rejoin the plan and by creating a new section 16 of the plan to allow employees participating in the defined contribution system to join the plan and invest in the current schedule of benefits after five years of credible service, repealing all ordinances and conflict there with and providing for an effective date.

2:27:44

That is item R5C, it is second reading public hearing.

2:27:48

Since uh Commissioner Magazine is gonna ask you to explain this in plain English, I'll ask for us for a simpleton like myself.

2:27:55

Good morning.

2:27:56

Thank you.

2:27:57

Um Marla LP SRHR, and I'll do my best to be in simple English.

2:28:01

This ordinance does three things.

2:28:03

Uh, one in it uh extends the drop from five years to eight years for AFSME that has no fiscal impact.

2:28:11

Um we have an actuarial statement that was attached to this item before second reading.

2:28:16

The second thing that this ordinance does is it allows the city to rehire individuals that used to be employed here, have been gone for more than six months.

2:28:27

They may or may not have a pension, but it allows them to come back and be right rehired with a um not with a pension but with a um 4018.

2:28:38

And the third thing that this allows us to do is to um there are a group of employees who many years ago did not opt into the pension, they have been employees here for a long time.

2:28:49

There's about 12 of them, and this allows them to opt into the plan uh on a go forward basis, which is a normal cost to the system, just like we would hire a new employee.

2:29:07

Commissioner Nathalie Salina.

2:29:10

So I have a couple questions.

2:29:12

Um I've received some communication from employees that want to opt into the system, but they don't want to start off at zero.

2:29:22

So can you address that, please?

2:29:24

And apparently when in twenty two thousand six, when this was offered, they were allowed to buy time, but now it's not being offered.

2:29:33

That is correct.

2:29:35

And is there a way that we can allow employees to buy some time, or is that gonna tell me a little bit about the financial impacts that might have?

2:29:45

So I'm not an actuary, but I understand that if you were allowed to buy time, um, it could create there's two two issues.

2:30:00

If it's their own funding that is being brought into buy time, that doesn't have an immediate fiscal impact to the city because allowing people to buy time using, for example, their leave does have a cash impact to the city.

2:30:08

Um but if you buy time into the system, it creates an additional um uh unexpected liability on the pension system, which would be factored in to the cost.

2:30:20

So each individual person is buying service hours basically, and so that means that their pension benefit would be higher.

2:30:28

So and Commissioner, to answer your question, the um in 2006, what happened was we had two systems.

2:30:36

We had a 401 and we had a pension system, and people were given an option at that point, whether they wanted to continue on in the 401 or they wanted to join the city's pension system.

2:30:46

And we had a group of individuals that that decided that they wanted to stay with the pension system for different reasons.

2:30:52

Sometimes people thought I'm only gonna be here for a couple years, I don't want to worry about a pension.

2:30:56

I just want to put it in something I can easily get out.

2:30:59

But people had a choice to make.

2:31:02

Um there were a group of employees that we still have, I think it's around 10, that didn't migrate over, they chose to stay in the 401, and now years later, they've maybe stayed longer than they thought would like to be able to be a part of the pension system.

2:31:19

What's being offered to them at this point in time is the ability to at least get in on a go forward, and you know, we've discussed with the manager there may be something in the future where where we have an opportunity for them to maybe get some of the credit if they you know at a cost to them, but right now it was just to be able to at least get them into the system because those individuals that have been in the 401 for a number of years, um all they have is basically a uh a sum of money, but they also will have no Social Security.

2:31:49

So in their retirement years, they won't have anything coming in.

2:31:53

They won't have a pension and they won't have any Social Security because they've worked they've been here for a number of years.

2:31:58

This at least gets them in where they're they're starting to gain on a move forward, and we're not ruling out the possibility that there may be some opportunity for them in the future.

2:32:06

That's kind of where we're at right now.

2:32:08

I just want to make sure that you I thank you, um Mark.

2:32:11

I appreciate that.

2:32:12

I just want to make sure that we do have that opportunity for those folks if they do want to buy in with some of their own money and they can have that opportunity as well, and we're not closing the door on them.

2:32:22

So how do we make sure that that happens?

2:32:24

Because there are number a number of folks that have reached out to me and they're very panicked about this, very worried.

2:32:32

So if I could um, you know, there's multiple conversations I feel like that are going on simultaneously.

2:32:40

Um is if they move from the 401 to the pension system, they're not losing their 401.

2:32:47

They get to keep the entirety of the nest egg that they've built up over the time that they've been here.

2:32:53

Um they are entering the pension system as if they were a new hire employee, and they do have to go through five years in the city to vest in that program.

2:33:05

But that gives them the opportunity to start building an additional nest egg on top of the one that they already have.

2:33:12

Um if we were to do a buyback, there are many um bargaining units across the city that are very interested in having these buyback conversations.

2:33:25

Um there are instances where people can buy back former military service, uh, former municipal government service that doesn't have an associated pension.

2:33:36

These are these are not uncommon things, um, but it's something that we would want to do holistically and and have a conversation amongst all the groups rather than just these individuals.

2:33:49

So we're but we're gonna we're gonna have those conversations as as it comes up.

2:33:54

Yeah, we have them every bargaining session.

2:33:57

And the unclassified unclassified employees too.

2:34:00

So we typically try to give the unclassified similar opportunities to the folks that are in the bargaining units so that we don't create um a situation where people feel like they have unequal benefits.

2:34:17

Okay.

2:34:23

Thank you.

2:34:24

Yes, sir.

2:34:26

So I need a motion on R5C?

2:34:30

I'll second.

2:34:32

Uh motion by Commissioner Fernandez, seconded by Mayor Minor.

2:34:35

It is a public hearing.

2:34:36

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

2:34:39

Um Commissioner Fernandez.

2:34:41

Yes.

2:34:42

Vice Mayor Dominguez.

2:34:43

Yes.

2:34:44

Commissioner Magazine.

2:34:45

Yes.

2:34:45

Commissioner Matil Salinas.

2:34:47

Yes.

2:34:48

Commissioner Suarez.

2:34:49

Yeah.

2:34:49

Commissioner Bott?

2:34:50

Mayor Minor.

2:34:51

Yes.

2:34:52

Motion carries those out of R5C.

2:34:54

It is approved.

2:34:55

Thank you.

2:34:55

Thank you, Mahler.

2:34:56

Mark?

2:34:56

Thank you.

2:34:57

R7Y.

2:35:04

R7Y is ID location to replant oak trees removed during construction on First Street.

2:35:11

I'm sorry.

2:35:12

Nope.

2:35:12

Settlement agreement with Marina Association Amendment 5 lease agreement amendment three.

2:35:16

So R7Y is the settlement.

2:35:18

Mr.

2:35:18

Mayor, I don't believe this item is ready to be heard.

2:35:21

So I think we're going to ask that it be withdrawn.

2:35:26

Deferred.

2:35:27

Deferred.

2:35:27

Deferred to next month.

2:35:29

So R7Y is being deferred.

2:35:33

Okay.

2:35:34

Let's call uh that was easy, Mike.

2:35:38

Mayor, can I make two withdrawal announcements then?

2:35:42

Commissioner Suarez is withdrawing R9N.

2:35:45

If you can list that as a withdrawal, R9N.

2:35:50

And he's withdrawing.

2:35:51

You want to say which item that is.

2:35:52

So yes, R9N.

2:35:54

Short title.

2:35:54

Yes.

2:35:55

And the public.

2:35:56

R9.

2:35:57

Okay, so I'll do it that way.

2:35:57

R9N is discussed, take action.

2:35:59

R Basel license agreement.

2:36:01

R9N is being withdrawn.

2:36:03

And we're and Commissioner Suarez is also withdrawing R9G.

2:36:07

Discuss action, recent uptick in car thefts within the city, R9G.

2:36:13

Commissioner Suarez, thank you for your efforts in uh moving this meeting along.

2:36:16

Hold on.

2:36:17

Let me let me let me have some more.

2:36:19

So if anyone else wants to withdraw, this is the time.

2:36:22

R9As, Commissioner Magazine is withdrawing R9H.

2:36:25

Discuss municipal uh prosecution program.

2:36:28

So R9H is being withdrawn, and R9P is also being withdrawn.

2:36:33

Discuss take action, maintain house party ordinance to allow city manager discretion for event permits, R9P.

2:36:39

So where we're drawing right now, R9G, R9H, R9N, and R9P.

2:36:46

Great.

2:36:46

Thank you for those announcements.

2:36:49

Let's call R5 D.

2:36:52

Uh along with, as we discussed uh during the discussion, the consent agenda C7AS.

2:36:59

Yes, sir.

2:37:00

R9D is R5, R5.

2:37:03

R5D, sorry, R5D is an ordinance of the mayor, City Commission of the City of Ivy Beach, Florida, amending chapter 106 of the code of the City of Bay Beach and titled Traffic and Vehicles.

2:37:11

Article 2 entitled metered parking.

2:37:13

Division 1 entitled generally Section 10647 thereof entitled Freight Commercial and Passenger Curb Loading Zone Hours Deliveries to modify and clarify requirements applicable to the use of freight commercial and passenger loading zones and providing for repealer qualification servability and an effective date.

2:37:29

This is a second reading public hearing.

2:37:32

It is item R5D, companion item C7AS is C7S is identify areas near blind corners in need of vessel speed reduction.

2:37:46

C7AS.

2:37:58

Commissioner Fernandez, we have a few co-sponsors.

2:38:01

Commissioner Dominguez, Commissioner Bach, Commissioner Suarez, Commissioner Mateo Salinas.

2:38:05

And I believe you're yourself on the end resident toads.

2:38:08

Yes.

2:38:10

Thank you.

2:38:11

Thank you, Mr.

2:38:12

Mayor, and thank you to this city commission for unanimously sponsoring uh the end resident toast reform.

2:38:20

Today we're considering two items that work together to achieve strong enforcement where public safety requires it, but smarter and more proportional enforcement where compliance and um where compliance can reasonably be achieved without unnecessarily punishing our residents who have placed their trust in us to serve them and improve their quality of life.

2:38:47

The first is our item that we've collectively sponsored to end resident tows.

2:38:52

This is one of the most common frustrations that I hear, and I think we all hear from our residents.

2:38:58

People come home from work late at night, they circled the block trying to find parking.

2:39:04

They finally find a space and wake up the next morning to discover that their vehicle, their vehicle has been towed for a non-safety violation, something innocent.

2:39:14

Maybe you know, you parked a few feet into the yellow curb.

2:39:18

You parked in the wrong residential zone.

2:39:21

You misunderstood the confusing signage, or you didn't realize that a uh that a spot was painted yellow, but the yellow is now faded, and you ended up getting towed.

2:39:32

These violations should absolutely still be enforced with a traffic ticket, a citation.

2:39:40

But towing is often excessive when the compliance can be achieved another way.

2:39:46

And that's why this proposal creates a smarter uh driven enforcement framework that based on current city data could eliminate the majority of immediate resident tows on public property.

2:40:02

Under the framework that we have before our commission today, residents would still receive citations and accountability measures, but would also receive up to three courtesy tax uh text messages per calendar quarter before being eligible to have their car towed on the fourth violation.

2:40:23

Vehicles uh remaining in continuous violation for more than 24 hours would also remain tow eligible, and that was a recommendation that came from Miami Beach United that has also endorsed uh this reform.

2:40:38

And let's just put this into perspective uh because this year alone, over 1,181 resident vehicles have already been towed in Miami Beach.

2:40:50

And under the reform framework before all of us today, roughly 62 percent of those resident tolls would likely have resulted would not have resulted in an immediate tow and could have instead been addressed through a parking citation, through a warning first uh enforcement, and through graduated compliance measures.

2:41:16

The remaining violations uh involving genuine safety hazards, obstruction of dumpsters, your blocking uh driveway, you're blocking emergency access, or you're a repeat violator, then in those cases, you are still eligible to get towed.

2:41:36

Also, if you're blocking a fire hydrant, if you're parked in a handicapped parking space, shame on you.

2:41:43

You will get towed.

2:41:45

The change in in the reform here, even for those is that to try to achieve the quickest compliance possible.

2:41:52

Now, even those violations will also get a 15, it would get a text before tone notice because oftentimes people are close by and they can quickly correct that that violation before a tow truck gets there.

2:42:09

But unlike today's uh system, residents would generally receive one final text before tow notification, giving them an opportunity to probably move their car before the tow is complete.

2:42:23

The companion item uh also is important because it talks about freight loading zone.

2:42:29

Freight loading zone abuse is an issue in our city.

2:42:33

It creates traffic on our roadways, it creates congestion, it impacts businesses and it and it affects public safety.

2:42:42

And the companion item and enhances the penalties on freight loading zone violations, but it also creates a much needed consistency and clarity on freight loading zones city citywide, because right now freight loading zones operate under a mismatch of different schedules and rules that can be confusing for our residents.

2:43:07

You have freight loading zones that end at 11 a.m.

2:43:11

You have others that end at one, you have some that end at 3, you have some that end at different times, and it becomes a guessing game for our residents to know where they can park and at what time.

2:43:23

So this companion ordinance it creates a uniform citywide operating schedule for freight loading zones that pretty much says when you see a freight loading zone, you know that you can't park there between the hours of 7 a.m.

2:43:38

and 3 p.m.

2:43:39

No more guessing.

2:43:40

You know that that is the schedule for those freight loading zones.

2:43:45

So together, these items create a more balanced enforcement mechanism, more fairness for our residents, navigating everyday challenges in our city, stronger enforcement where public safety and mobility are impacted, and a clear, more predictable rule system for everyone using our streets.

2:44:06

With that, I like to move these two items and open the the uh the um the floor to discussion through you, Mr.

2:44:12

Mayor.

2:44:13

Thank you, Commissioner Fernandez.

2:44:15

Commissioner Suarez.

2:44:16

Uh thank you, Mr.

2:44:17

Mayor, and thank you, Commissioner Fernandez, for bringing this forward.

2:44:20

It's I mean, it's almost like a right of passage getting your car towed in my beach.

2:44:24

I think everyone up here has got their car towed.

2:44:27

Um, and I'm supportive, obviously, I'm a co-sponsor.

2:44:30

Uh the only one thing I want to caution, um, and I don't know if this was thought about, but the North Beach is going to be going through serious parking constraints with the uh parking lot 92, right?

2:44:47

Um where it's going to be under construction for the foreseeable future, maybe three, four years.

2:44:55

And we're gonna have again many shows at the band show, many events in North Beach.

2:45:03

What I wanna what I want to avoid is residents from South Beach or Mid Beach going to North Beach parking in the residential areas there and just saying, well, it's only a $30 ticket.

2:45:18

It's almost like a ballet.

2:45:19

Um, you know, it's it's easy for me to do that.

2:45:24

Is there a way we can come up where we prevent that?

2:45:31

I would defer to our parking director.

2:45:34

So uh we can from an enforcement aspect, Commissioner, Will McDonnell, director of parking for the city of My Beach.

2:45:41

Uh we can create different enforcement rules for different in zones if that's what we are directed to do.

2:45:48

We absolutely can do that.

2:45:51

Right.

2:45:52

And again, I mean uh look, I I'm supportive of the idea, but what I what I don't want to happen is there to be because they're gonna be bad app, there's gonna be that bad.

2:46:03

There's people are gonna take advantage of this and say, well, you know, it's only a $30 parking ticket, and I want to go see the show, or I want to go to North Beach, or anywhere, you know, vice versa.

2:46:14

And you know, it it's it it's not it's not a big deal for me.

2:46:18

I know I'm not gonna get towed because I'm part of the registration program.

2:46:22

You know, how do we prevent that bad behavior from happening?

2:46:25

I think one of the things that we could do, because a lot of this I think is giving the benefit of the doubt to the residents that we serve.

2:46:32

I think people that are coming into our city that abuse us, they're gonna get towed.

2:46:39

First violation.

2:46:40

They're still eligible to getting towed.

2:46:43

This is about those who have placed their trust in us, us trusting them back and giving them the benefit of the doubt.

2:46:52

Now, if they abuse the system and and we see that there's a problem, I think we can always come back.

2:46:57

We can always make an amendment and say, you know what, it's on North Beach, you know, the issue that you're mentioning.

2:47:04

Um and we can always amend it, and it's a simple resolution, so it's always uh easy to to amend a resolution.

2:47:13

Um but I think I think we should give our residents the benefit of the doubt.

2:47:18

Um I think that you know we're we're we're ready to put on on the table an enforcement mechanism, and if they are repeat violators and they do abuse the system, then they'll still get towed.

2:47:31

Um and they're also upon the first violation, they're getting a text message.

2:47:36

They're getting a text message that tells them, hey, you're illegally parked.

2:47:41

Second sentence, please move your vehicle immediately.

2:47:44

Um and that's and that's that's within the the item that that's before us.

2:47:50

I don't know if you have any other suggestions.

2:47:52

Let's you know, how about since North Beach parking is so limited and it is it's gonna be even further limited once we remove this parking garage.

2:48:03

How about we do specifically for uh zone 26 a one-time courtesy?

2:48:11

Okay, I think that's fair.

2:48:13

The one-time courtesy non-tow.

2:48:16

Um text message and everything, but after that, you know, there really should be some sort of protections for the residents of North Beach and their parking.

2:48:26

And and um let me hear from my colleagues uh on on that because we're all sponsors on this legislation.

2:48:33

Thank you.

2:48:33

Um through the vice mayor.

2:48:37

Laura, you're Laura, you're leading the meeting.

2:48:40

Through the Vice Mayor.

2:48:41

Um well, I saw your face when I and I thank you for just give me your give us your thoughts on how that works.

2:48:50

I like the idea um because it is gonna be a little bit of a cluster up there for the next few years.

2:48:55

Um is it viable?

2:48:57

Is there any issue with that?

2:48:59

Um I like the protections that are already built in with it.

2:49:02

The text, I would suggest please move your car within 30 minutes of receipt of this message, because as soon as possible, you know, like is that immediately creates a well, whatever it is, but I think we need to like you know, whatever.

2:49:13

But um that that's nuance.

2:49:16

Is this doable, practicable, a nightmare, completely unenforceable, all of the above.

2:49:23

So it's absolutely we can we will we will execute it.

2:49:27

I want to make that very clear.

2:49:29

Um we employ human beings, um, just like everyone else in the city.

2:49:33

There may be some mistakes because right now the technology isn't there to immediately say build an algorithm that says, oh, we're in this zone and this zone, we only do one in this zone, it will be three.

2:49:45

Yeah, so that's my concern.

2:49:46

It does get challenging.

2:49:48

Um but um we have some stop gaps in place right now before our team performs any toes.

2:50:00

There's uh, for example, uh one of our team members will call into our dispatch, they'll re-replete uh repeat the plate phonetically.

2:50:04

Uh the dispatch will also then check the plate.

2:50:06

We do these things to try to stop mistakes now.

2:50:09

Um so we can build policies and an SOP that can state, you know, if we're in this zone, these are the guardrails that we're looking at.

2:50:20

If we're in, you know, this zone, these are the guardrails.

2:50:23

Um, and we will absolutely execute it to the best of our ability.

2:50:27

Um I will say by the way, I I and just just to be clear, you know, I'm not trying to single out just North Beach.

2:50:33

I mean, there's also South of Fifth, right?

2:50:36

I mean, you you you have a very limited residential on-site parking.

2:50:40

There's a lot of restaurants in South of Fifth, and if people from anywhere else on the beach wanted to just come and take over the parking there that are residents, it could possibly happen.

2:50:52

Um so look, again, I'm of course I'm supportive of this item.

2:50:56

I think it's I think it's a great idea, but it it it we just have to have some protections because it is ripe for abuse.

2:51:04

And so if I if if I could just chime in there, those weren't the same concerns that we had when we initiate that when we initiated the text before tow program.

2:51:14

We had the same concerns um that the residents were going to abuse it.

2:51:20

And to the contrary, you know, the residents haven't abused it.

2:51:24

I think it's broad awareness.

2:51:27

You've informed someone that that they're in violation.

2:51:31

And and from one and and I've heard from from people that you know they've received those text messages, they've been able to correct the violations before a towing truck got there and they were aware now of something that they shouldn't be doing that they weren't aware of before.

2:51:47

One of the other tools that we have is that we have uh the ongoing reporting that we're going to be getting as as a commission, we're gonna be doing the monitoring of this.

2:51:57

We're gonna get weekly LTCs summarizing the towing activity, the citations, the enforcement metrics, and perhaps we could get uh specific, you know, as part of that LTC, get a weekly update there, okay, and what's happening in zone 26 that that's a concern, so that if we need to correct course, we could do that.

2:52:18

Um but I wouldn't I would like for us to consider adopting it um uniformly throughout the city.

2:52:26

Uh and then and then if we see that there is an abuse somewhere, we can go back and and fix that.

2:52:33

But I do think we should give our residents the benefit of of the doubt.

2:52:38

Um because I think for the most part, people make innocent mistakes uh when it comes to parking, and that's been my experience.

2:52:45

People generally they're not looking to purposefully uh violate our parking regulations.

2:52:51

And if I may also just jump in, um, Ralph, since you're here, gentlemen, um, if if you don't mind approaching for a quick second, um, you know, part of the issue with towing is the residents being knuckleheads or forgetting, or sometimes both at the same time in my case, certainly.

2:53:08

Um part of it is our policies and our staff doing the best they can with challenging circumstances, and part of it is our partners in towing.

2:53:16

And I would suggest that it is going to be um very important that our partners in towing understand what we're doing and do not get trigger happy with their towing vehicles.

2:53:29

Because once a car is on the tow truck, it becomes a whole different conversation.

2:53:35

And I know I have been towed when I was not supposed to have been towed years ago, and they did not want to hear it from me.

2:53:42

Um that is an operational thing for the business owners.

2:53:46

And I think there's going to need to be uh a very clear set of policies and procedures that is understood by the ownership and the staff who are enforcing it once it gets handed off from the city.

2:54:03

Um because we've heard we've all gotten these emails from people who got towed when they shouldn't have been.

2:54:09

And if we're making it a little bit more complicated anyhow, we're gonna need to make sure that the tow operators know what they're doing when they're doing it.

2:54:19

Uh thank you, uh Commissioner Bott for inviting me up.

2:54:22

Uh good afternoon or good morning, uh city manager, commissioners, mayor, Mr.

2:54:26

Delpico.

2:54:28

Um that's why they're here.

2:54:30

I I asked them to come so that they can hear directly from the commission regarding any concerns related to towing and the direction that this is all moving in.

2:54:38

Um so I think they can both acknowledge uh what they've heard.

2:54:43

Um we will absolutely do our best uh to meet the city's expectations.

2:54:48

Um and certainly if uh I can tell you from my perspective and their perspective.

2:54:52

If we never tow another resident again, we're thrilled.

2:54:55

We we don't want to tow residents.

2:54:57

I'll move that motion.

2:54:58

Yeah, there you go.

2:55:00

So um we're here to cooperate with you and help the city however we can in whatever challenges you all face.

2:55:05

So thank you for inviting me up and anyone else sitting right here if you have any other questions.

2:55:10

Just to be clear, I mean, is there an appetite for zone 26 to have a little bit more protections?

2:55:15

Because you know, they're gonna be it um when that parking lot is demolished, it's it's gonna spill over to the residential parking lot.

2:55:24

What why don't we look at the metrics?

2:55:25

Let's see when when that's the problem is it's it's different when it gets demolished, right?

2:55:30

And so we kind of want to be ahead of the curve for the process.

2:55:32

But it's gonna be a long pro that's gonna be a long project.

2:55:35

If people start abusing it, we'll be able to notice it immediately.

2:55:38

I mean, the moment people start abusing that, and you're gonna be giving us weekly LTCs, and in that LTC, you can tell us specifically what's happening in zone 26.

2:55:47

The moment we see that, we can put a resolution.

2:55:51

With all due respect, yeah, that in in that sounds great, but you know, from my experience, the parking enforcement on zone 26 is abysmal.

2:56:00

You know, when we had an issue with this one block on zone 26, there were 26 citations given.

2:56:07

When I when my aide and I who raised the issue, they gave out 26 citations on one block because I asked them to uh to to start enforcing zone 26.

2:56:21

And so, you know, I I'm sure we can certainly wait, but that's assuming that we have a robust enforcement system on parking, and I don't think we have that right now.

2:56:34

Well, and one of the items that we've adopted uh as part of of the consent agenda specifically speaks to enforcement and enforcement in in North Beach uh about allocating resources for enforcement in in North Beach and enforcement in South Beach, where we know we have challenges to make sure because what you're telling me is that is that even the the problem isn't even towing, the problem is that there's not even citations being issued.

2:57:06

Correct.

2:57:07

And one of the policies uh that we've put forward uh that got adopted uh with this agenda, uh, and I'll give you the item number in just a second.

2:57:20

Um it established a dedicated parking enforcement pilot program C7AN.

2:57:26

C7AN addresses specifically what you're asking, the violation of the resident parking in North Beach, the violation of the resident parking in South Beach, and making sure that we have the sufficient personnel available to be doing that enforcement because you're right.

2:57:49

Um, you know, oftentimes, you know, people get home from work and they can't find parking because you have people even from outside the city, from outside the city that are going in and parking and parking spaces that belong to our residents, and who is being affected are are those who we are actually trying to protect.

2:58:10

And so and so we've taken that concern that you have into consideration, and we've created this detail that we approved as part of the consent agenda.

2:58:19

Okay.

2:58:20

I'm I'm okay with just waiting for the data to see if there's but again that's only as good as the people taking and you have my commitment.

2:58:27

You have my commitment uh that um that you know, as part of this of this detail that's been created and the LTCs that we'll be receiving that.

2:58:37

If we see abuse, listen, at the end of the day, that abuse, who does it affect the residents in North Beach.

2:58:43

The residents in North Beach who won't be able to find parking when they get home from work, and we'll we will work together on addressing that if that does happen.

2:58:53

This is a good this is a great item.

2:58:54

Thank you, Commissioner Fernandez and everyone.

2:58:56

Um, this is a perfect example of what our commission is doing for residents' quality of life.

2:59:01

Redical vote.

2:59:02

Uh motion by Commissioner Fernandez.

2:59:04

I need a second.

2:59:06

Motion by Commissioner Fernandez, seconded by uh Commissioner Mateo Salinas.

2:59:09

It is a public hearing.

2:59:10

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

2:59:13

It is uh a motion for both item R5D and C7AS.

2:59:18

Commissioner Bach.

2:59:20

Yes.

2:59:21

Commissioner Mattel Salinas.

2:59:22

Yes.

2:59:23

Vice Mayor Dominguez.

2:59:24

Yes.

2:59:24

Commissioner Magazine.

2:59:26

Yes.

2:59:26

Commissioner Fernandez.

2:59:27

Yes.

2:59:27

Commissioner Suarez.

2:59:28

Yes.

2:59:29

Mayor Minor.

2:59:30

Yes.

2:59:30

Both motions are approved.

2:59:32

Item C7AS and R5D are approved.

2:59:36

While we're on the general topic, R9Z.

2:59:50

Commissioner Suarez.

2:59:51

Thank you, Mr.

2:59:51

Mayor.

3:00:00

So I was brief that the city administration was contemplating scooter motorcycle permit fees without putting it to on the agenda for the seven of us to vote on.

3:00:14

I don't think that this is an operational issue.

3:00:19

And I certainly don't think that the city administration should be unilaterally applying fees to our residents.

3:00:37

But I think our scooters being uh throughout the city.

3:00:41

However, I don't think we need to require a fee for that or a permit.

3:00:47

Um I think we can I think the city administration can do that without that.

3:00:53

Uh so Mr.

3:00:55

City Manager, uh, is this program still being contemplated by city staff?

3:00:59

So yes, this program is currently scheduled to roll out on June 1st.

3:01:04

Um my understanding is that the ordinances that are in place for parking allow us to implement this.

3:01:11

Um and based on the recommendations of our parking department, we felt that this would help um bring some order to some of the challenges we've been facing with the motorcycle and scooter parking, and I would welcome our parking director to add any color to that.

3:01:28

Okay, before we do that, I just want my colleagues to know.

3:01:31

I have a big problem with the administration imposing fees on our residents without our input.

3:01:37

I I don't I think that at a very minimum should never happen unless it's put on an agenda by us from one of us to decide that.

3:01:48

I don't think city administration should be imposing fees.

3:01:53

And so I think the city administration respectfully is completely out of line on this.

3:01:58

Second, the whole reason why scooter and motorcycle parking was when I did the research, was to is because they're more efficient when it comes to parking.

3:02:10

You can put seven or eight, ten motorcycles or scooters in a single parking spot and then for a car.

3:02:19

I understand there's a lot of challenges when people leave a motorcycle or a scooter in a parking spot in the middle, and it doesn't prevent anyone else.

3:02:26

But we can address that easily with just dedicated scooter parking spaces, uh and having an ordinance that says look, you go if you have a scooter or motorcycle, you have to park in the scooter motorcycle designated parking spots, not take up a whole lane.

3:02:45

But at the very minimum, I I'm wholeheartedly against this city administration imposing fees on our residents and unilaterally deciding that we're going to upend a tra a tradition that encourages smaller uh transportation devices uh on the city uh in parking infrastructure.

3:03:12

We don't want to make it harder, we want to make it easier.

3:03:15

So um I want to see how my colleagues feel about this.

3:03:19

I mean I uh we can certainly accomplish what the the intent of this without having to raise any fees or create a bureaucratic process to get a permit for some of these um these these transportation devices.

3:03:32

Commit Commissioner Fernandez.

3:03:34

Thank you.

3:03:34

Um Mr.

3:03:35

Mayor, Commissioner Suarez, I agree with you 100%.

3:03:38

Um right now there's a citywide um motorcycle decal that that I know I have it on my on my motorcycle and it's like 134 dollars a year, I think it is, or something like that.

3:03:54

You can park citywide.

3:03:56

And those are that is a metered, so those are citywide in any metered motorcycle area that's meant for the general public.

3:04:02

Right.

3:04:03

And so and so to the people who are purchasing that, I mean, if you if you live in a residential zone, you're probably purchasing that already um to uh to park in in one of these metered spaces.

3:04:17

When the person goes in and they buy the citywide motorcycle um pass, it should also include as part of that the residential zone that they live in, and and maybe and maybe that's something that that can be done and and they can um and and they can park um in those designated in those designated uh motorcycle or scooter areas to your point so that okay, so the people are not parking a scooter or a motorcycle in a full parking space that could be used by a vehicle, you still direct them to scooter or motorcycle designated parking, but you're not adding the fee.

3:05:00

But people are already they're already registering their motorcycles with the city through through this annual pass, and maybe when they buy that passage just also include as part of that the residential zone that they live in.

3:05:12

Is that possible?

3:05:13

Yes, 100%.

3:05:14

It is 100% possible.

3:05:15

100% possible.

3:05:17

And we would be full support of that.

3:05:20

Is there a vote you want to?

3:05:22

So well, the vote is I I don't want the city administration imposing a fee.

3:05:26

I agree with you.

3:05:27

And we're open to a fee-free just way of registering vehicles so that we know who has what where.

3:05:35

Yeah, but I don't think I think his point is even when when something is not fee-free, when there's a fee to be imposed on the residents and the taxpayers of the city of Miami Beach, that should be considered, debated, voted on, and approved by those who have been elected by the residents, not by the city administration.

3:05:52

And I would welcome the attorney to just weigh in on what the ordinance allows or doesn't allow under that particular.

3:05:58

I mean, I think I think that was your point, Commissioner Swartz, right?

3:06:01

I uh and that's what I brought this ordinance, or that's why I brought this uh uh discussion item is to prevent that from happening June 1st.

3:06:10

Because I don't think you I don't I certainly don't think you guys should be imposing any fees before a discussion happens.

3:06:17

Um and so where does that leave us right now?

3:06:21

I think I guess I would make a motion to not allow the city administration to impose a scooter parking fee for um for residents in starting in June.

3:06:42

Um Rick, I I think you're gonna answer the manager's question, but I also have a question that's kind of a corollary since I don't have experience of how other municipalities do this.

3:06:54

Um, in other cities where you've been the director of parking, what is what is the typical best practices of when the administration can um institute fees versus when they become policy decisions done by the um electives.

3:07:15

So I will so the administration uh from best practice, a registration, especially on our residential zones, is going to be a best practice and full stop.

3:07:28

Uh the reason so under the ordinance it talks about automobile and motor vehicles.

3:07:34

And motorcycles under Florida statute are already included under automobile and motor vehicle under the definition.

3:07:41

And so I understand that this was a past practice from uh previous directors that really wanted to focus on the sustainability efforts of motor scooters inside residential zones.

3:07:55

Um the challenge that has been presented to me over the my last year is uh simply without registration, it's impossible to control.

3:08:07

And so, for example, our team started when I first got here, they were already in the process.

3:08:12

I'm sorry, I just got pushed back on that.

3:08:14

Why is it impossible to control?

3:08:16

So if we don't require registration, and let's say we go, there are certain places I'll I'll use Flamango Park where you can see 25 scooters lined up in a row.

3:08:26

We don't know if they are workers going to uh uh the entertainment district, or we don't know if they are residents that actually live there because we don't require registration, even though well, how hard would it be to just have dedicated parking spots for scooter and motorcycle?

3:08:43

So and having us pass an ordinance that says you can't park a motorcycle or scooter on a regular motor vehicle car parking spot.

3:08:56

So we actually w when I first got here, the team had started painting those uh spaces in certain areas of the city.

3:09:03

The challenge was because there was no control if somebody was parked outside, and and we had heard it when we had given citations, they're like when I got home, all the scooter spaces were full, and there was an over for me to park, so I had to park outside the scooter space.

3:09:19

And we had no way of knowing if the people that were inside the scooter space were actually residents or they were supposed to be there.

3:09:26

And so what we are hoping to accomplish by having two-wheeled vehicles register is to be able to now we have the data to say we know that 15 two-wheeled vehicles exist on this block.

3:09:40

We can say two and a half feet per stall, we can create a space that exactly aligns with the resident needs so as not to now take up unnecessary space by blindly going out and painting a motorcycle or scooter parking stall and taking away from vehicle parking.

3:10:00

Um wouldn't that wouldn't that be just part of parking's job is to know exactly where the hot spots are?

3:10:03

Because I can I can't imagine there's more than a few hot spots of not enough scooter parking of those designated areas.

3:10:11

I don't it's just it just seems too much of a shock and approach to require a fee and make everyone register because of maybe a few problems.

3:10:20

Well, why don't we here and there?

3:10:21

I think we were we're in agreement that we're not going to charge a fee.

3:10:23

So let's I want to get to the solution of because I we're in South of the Fifth, there's there's plenty of spots where motorcycles just park on a parking spot, and they should be parking in the scooter zone.

3:10:38

And there's plenty of parking in the scooter zone.

3:10:40

They just choose not to do that.

3:10:42

So does that require a commission ordinance for that to happen?

3:10:48

It does not.

3:10:52

My only request is that if these scooter zones become unregistered areas, so any scooter can park in any residential zone in these scooter areas, and it displaces a resident, and then we cite a resident for not parking in the scooter zone.

3:11:09

It does become an enforcement challenge.

3:11:12

Let me make a recommendation.

3:11:13

Eric, we have your commitment, you're not charging fees, correct?

3:11:17

Correct.

3:11:17

You want to come up with a proposal that we can consider at the next meeting?

3:11:22

And if I may, through the chair.

3:11:23

Um we've heard you loud and clear, Commissioner.

3:11:26

We will hold off on implementation of the program until we've had a robust conversation here at the commission and we've decided on what's the appropriate next step.

3:11:38

Well, I'd still like to make a motion to ensure that we don't impose any fees for a scooter motorcycle deep.

3:11:47

We have a motion and a second by Commissioner Fernandez.

3:11:51

On R9Z, all in favor, please say aye.

3:11:54

Aye.

3:11:55

Anyone opposed?

3:11:56

Hearing none, R9Z, the motion is adopted.

3:12:00

And in the meantime, we'll work on crafting a better approach to the scooter motorcycle challenge.

3:12:12

Parking challenge.

3:12:12

Thank you, Commissioner Smorez.

3:12:15

Good discussion.

3:12:16

Um R5H.

3:12:21

R5.

3:12:23

R5H is the orders of the Mayor City Commission of the City of Bay Beach, Florida, amending chapter 10 of the code of the city of Baby Beach and Florida and title animals by amending section 10 2 thereof and title fines for violations of animal control ordinances on paid fines to constitute lien and basis for revocation of city parking permits, decals by amending and identifying those sections of the city code to which the general penalty provisions set forth in section 10-20.

3:12:45

And by amending section 10-11 thereof entitled running at large prohibited exceptions, but providing enhanced civil penalties for animals running at large and providing for repealer submobility codification and effective date.

3:12:56

This is a second reading public hearing.

3:12:58

It is item R5H.

3:13:00

Commissioner Bott.

3:13:01

I move the item.

3:13:03

Okay, one second.

3:13:04

I heard R5H.

3:13:06

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

3:13:11

It is a public hearing.

3:13:12

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

3:13:15

Uh there's no discussion vice mayor Dominguez.

3:13:19

Commissioner Fernandez?

3:13:21

Yes.

3:13:22

Yes.

3:13:23

Commissioner Magazine.

3:13:24

Yes.

3:13:24

Commissioner Bott.

3:13:26

Yes.

3:13:26

Commissioner Mateo Salinas.

3:13:27

Yes.

3:13:28

Mayor Minor.

3:13:29

Yes.

3:13:30

This item is approved.

3:13:32

It was item R5H, it is approved 7-0 with no one requesting to speak.

3:13:36

R5H.

3:13:37

R5K.

3:13:43

R5K is an order to the mayor of City Commission of City Baby Beach, Florida, amending Chapter 14 of the Code of the City of Baby Beach and titled Building Regulations by Amending Article 2 and Title Construction Standards by Amending Division 4 thereof and titled Entitled 2017 through 2026 building permit reprieve program to extend the duration of the building permit reprieve program for owners of single family residential, multifamily residential mixed use for commercial properties who have failed to obtain a building permit or who have or who hold expired permits through December 31, 2028, and to amend the definition of existing buildings as used therein and providing for repealer qualifications or mobility and effective date and a sunset provision.

3:14:21

This is item R5K.

3:14:23

It is a second reading public hearing.

3:14:25

I move the item.

3:14:28

Second.

3:14:37

Commissioner Fernandez.

3:14:38

Yes.

3:14:39

Commissioner Mattel Salinas.

3:14:41

Yes.

3:14:42

Commissioner Swarez.

3:14:43

Yes.

3:14:43

Commissioner Magazine.

3:14:44

Yes.

3:14:44

Commissioner Bott.

3:14:45

Yes.

3:14:45

Vice Mayor Dominguez.

3:14:46

Yes.

3:14:47

Mayor Minor.

3:14:48

Yes.

3:14:48

Motion carries.

3:14:49

That was item R5K.

3:14:51

R5L.

3:15:01

R5L is an order to the mayor of City Commission of the City of Bay Beach, Florida, amending chapter 82 of the code of City of Baby Beach and Title Public Property Article 7.

3:15:08

Entitled R to Public Spaces Division 1 and titled generally Section 82-537 thereof and title definitions to create certain definition defined terms amending division two section 82-562 thereof and title powers and duties to modify the powers of the art in public spaces.

3:15:22

AIPP committee amending division three entitled fund second fund section 82-587 thereof and title appropriations by the city to fund to amend requirements for an AIPP allocation to be implemented on the site of a city construction project of providing for repealer codification servability and an effective date.

3:15:39

R5L is a second reading public hearing.

3:15:42

Commissioner Bott.

3:15:44

I move the item.

3:15:45

Second.

3:15:47

Motion by Commissioner Bott, seconded by Commissioner Fernandez.

3:15:50

It is a public hearing.

3:15:55

May I call the roll?

3:15:56

Yes.

3:15:56

So Commissioner Matthias Alinas.

3:15:58

Yes.

3:15:59

Commissioner Bott.

3:16:00

Yes.

3:16:00

Commissioner Fernandez.

3:16:01

Yes.

3:16:02

Commissioner Magazine.

3:16:02

Yes.

3:16:03

Vice Mayor Dominguez.

3:16:04

Yes.

3:16:04

Commissioner Suarez.

3:16:05

Yes.

3:16:06

Mayor Minor.

3:16:06

Yes.

3:16:07

Motion carries the item is approved.

3:16:08

That was R5L.

3:16:10

R5S.

3:16:16

R5S is an ordinance amending the city by a beach year 2025 comprehensive plan pursuant to state coordinated review process of section 163.3184 subsection 4 Florida statutes.

3:16:28

By amending goals, objectives, policies, and document titles of the comprehensive plan, including the following elements: resilient land use and development, transportation, housing, public school facilities, and capital improvement and pursuant to Florida Administrative Code Rule 73C-49 and Section 163.3191, Florida statute and title evaluation and appraisal of comprehensive plan, incorporating necessary amendments reflecting changes in state law and updating the comprehensive plan based on changes in local conditions since the last updated based on evaluation and appraisal report updated adopted on October 16, 2019, and providing for inclusion in the comprehensive plan, transmittal repealer servability and an effective date.

3:17:04

This is item R5S.

3:17:05

It is a second reading, public hearing.

3:17:07

Commissioner Fernandez.

3:17:09

I move my item.

3:17:10

Second.

3:17:12

Motion by Commissioner Fernandez, seconded by Commissioner Suarez.

3:17:15

Public hearing.

3:17:19

Commissioner Fernandez.

3:17:20

Yes.

3:17:21

Commissioner Bott.

3:17:22

Yes.

3:17:23

Commissioner Matil Salinas.

3:17:24

Yes.

3:17:25

Commissioner Magazine.

3:17:26

Yes.

3:17:26

Last Mayor Dominguez.

3:17:27

Yes.

3:17:28

Commissioner Suarez.

3:17:29

Yes.

3:17:29

Mayor Minor.

3:17:30

Yes.

3:17:31

Motion carries the item is approved 70.

3:17:32

That was item R5S.

3:17:35

R5AC.

3:17:44

R5AC is an order to the Mayor City Commission of the City of Bad Beach, Florida, amending chapter 70 of the Bag Beach City Code, entitled Miscellaneous Offenses by Amending Article 1, entitled in general by amending section 70-1.1 thereof.

3:17:55

Entitled Habitual Municipal Ordinance Violation Offenders to include additional criminal municipal orders violations within the habitual municipal offender ordinance and providing for repealer sub ability codification and effective date.

3:18:05

This is a first reading public hearing.

3:18:07

It is item R5AC.

3:18:09

Thank you for bringing this item.

3:18:10

Commissioner Matthias Salinas.

3:18:12

Proud to co-prime with you.

3:18:14

Thank you, Mr.

3:18:15

Mayor.

3:18:15

And thank you for your co-prime as well.

3:18:17

I appreciate that support.

3:18:19

So this is tightening up our municipal uh habitual offenders ordinance.

3:18:24

Um it used to be in the past that someone could be um convict if they were convicted four times in the previous year, they were um considered a habitual offender, and now we're doing we're tightening up a little bit to be three times in two years because we have so many um folks that out are out in the street that um you know commit crimes and they're convicted time after time after time and then sent to jail and then let let out and then they come right back to my beach to prey on our residents and our visitors.

3:18:58

So this is just tightening this up a little bit.

3:19:00

Um and uh I would appreciate everyone's support.

3:19:03

Thank you.

3:19:04

If I may if I may through the chair, I just want to make one one clarification.

3:19:09

The tightening up applies to certain municipal offenses, which are generally quality of life issues, smoking cannabis, urinating or defecating in plain view, public camping, uh, park after hours.

3:19:23

The um the other ordinances that we have in our code uh relate to state law um offenses, and those will remain with the four strikes.

3:19:33

Um so we are not able to change that until unless and until the state changes its um habitual offender statute, Mr.

3:19:41

Mayor.

3:19:42

So just to I'm sorry, just to be clear.

3:19:43

So even if it's a municipal ordinance, you couldn't change it if it's considered it's similar to state law.

3:19:49

If it it's something that we adopted pursuant to state law, then it has to stay at the four strikes in one year, um, unless and until the state changes uh do we have a separate item to uh legislative priority?

3:20:00

Do we have a separate item to uh legislative priority?

3:20:04

Yes.

3:20:05

Thank you.

3:20:05

Commissioner Fernandez.

3:20:06

Uh Commissioner Mateo Salinas, thank you for for bringing this item and Mr.

3:20:11

Mayor for co-priming with the Commissioner.

3:20:13

I'd like to join us a co-sponsor.

3:20:15

Excellent.

3:20:15

I heard Joe Magazine, Commissioner Magazine as well.

3:20:22

Call the vote.

3:20:23

It is a public hearing.

3:20:24

I have a motion by Commissioner Mateus Salinas, but no second yet.

3:20:27

I'll second.

3:20:28

I heard Commissioner Bott.

3:20:30

So motion by Commissioner Monica Matthews, seconded by Commissioner Bott.

3:20:33

It is a public hearing.

3:20:33

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

3:20:37

Commissioner Magazine.

3:20:38

Yes.

3:20:41

Yes.

3:20:42

Commissioner Fernandez.

3:20:44

Yes.

3:20:44

Commissioner Matthias Alinas.

3:20:45

Yes.

3:20:46

Commissioner Bott.

3:20:47

Yes.

3:20:48

Commissioner Suarez.

3:20:50

David.

3:20:51

Yes.

3:20:52

Mayor Minor.

3:20:52

Yes.

3:20:53

Motion carries R5AC is approved on first reading.

3:20:57

Second reading public hearing is scheduled for June 24th.

3:21:00

We're listing Commissioner Magazine and Commissioner Fernandez as co-sponsors.

3:21:03

That was item R5AC.

3:21:05

I'm sorry.

3:21:06

I was listed yesterday as a co-sponsor on this.

3:21:10

I think.

3:21:11

Okay.

3:21:11

We'll verify that, so we'll add you also.

3:21:17

Right.

3:21:17

Thank you.

3:21:18

Commissioner Mateo Salinas.

3:21:19

I'm there.

3:21:19

Okay.

3:21:21

It just wasn't called in the record, but it's there.

3:21:23

Oh, I was just adding the ones that said now.

3:21:25

Oh, gotcha.

3:21:25

Okay.

3:21:26

Thank you.

3:21:28

R5AD.

3:21:33

R5AD is an order of the mayor of City Commission of the City by B Florida amending chapter 12 of the of the city might be city code entitled Arts, Culture and Entertainment by Amending Article 2 and titled Special Events by amending section 12-5.2 entitled special event permit required for large scale residential parties and events to provide for recovery of city costs for violations providing for repealers of ability qualification and effective dates.

3:21:55

55 AD is a first reading public hearing.

3:21:59

Commissioner Fernandez, co-sponsored by Commissioner Bott.

3:22:03

Thank you, Mr.

3:22:04

Mayor.

3:22:04

Residents have been uh raising concerns for years about large unpermitted house parties and the strain they place on surrounding neighborhoods.

3:22:13

And the truth is that enforcing these events isn't isn't easy.

3:22:17

It requires a great amount of resources from our city administration, whether it be code, whether it be police, fire, parking, sanitation, uh to step in, and sometimes in significant numbers just to keep everyone safe and maintaining order.

3:22:32

Right now, when a homeowner hosts a large-scale party during a certain high impact period without a special event permit, the city is the one that is absorbing the cost.

3:22:45

Every law-abiding resident, every law-abiding homeowner, Eddie, every law-abiding resident taxpayer of the city of Miami Beach are footing the bills for the personnel for the equipment for the emergency response uh triggered by these illegal events.

3:23:03

This ordinance has a straightforward cost recovery uh process so that when the violation occurs, the property owner, not the public, covers the city's expense.

3:23:15

It establishes a new subsection in our existing code that allows the city to bill for enforcement costs, and if those bills go unpaid, then place a lien on on the property.

3:23:27

Uh is simple.

3:23:29

This is about fairness and ensuring that one person's abuse of their neighborhood abuse of the city code doesn't end up costing the rest of the law-abiding residents of the city of Miami Beach.

3:23:42

And with that, I'll move the item.

3:23:44

I'll second.

3:23:44

I love this item.

3:23:45

I think it's great and long overdue.

3:23:48

Thank you.

3:23:48

Thank you.

3:23:53

It is a public hearing.

3:23:54

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

3:23:57

Uh Commissioner Dominguez.

3:23:59

Yes.

3:23:59

Commissioner Suarez.

3:24:00

Yes.

3:24:01

Commissioner Mateo Salinas.

3:24:02

Yes.

3:24:02

Commissioner Magazine.

3:24:03

Yes.

3:24:04

Commissioner Bott.

3:24:05

Yes.

3:24:06

Commissioner Fernandez.

3:24:07

Yes.

3:24:08

Mayor Minor.

3:24:09

Yes.

3:24:09

Motion carry, second reading, public hearing is scheduled for June 24th.

3:24:13

That was item R5AD.

3:24:17

Thank you, Commissioner Fernandez.

3:24:19

We'll call another one of your items uh R5W.

3:24:28

R5W is an orders of the mayor, so the Commission of the City might be through amending chapter 82 of it might be the city code in titled public property by amending Article 5 and title in general by amending section 82-441 thereof entitled fishing from vape viaducts and bridges in the jetty area between 29th and 33rd Street and in and in restricted swim areas by providing definitions amending declarify amending and clarifying those areas in which saltwater fishing is prohibited for the protection of the public health, safety and welfare, providing for repealers of ability codification and effective date.

3:24:55

This is a first reading public hearing.

3:24:57

It is item R5W.

3:25:00

I move the item I through the chair.

3:25:05

Commissioner Bott.

3:25:06

Um I actually actually would like to understand this a little bit better.

3:25:09

Um I definitely don't want fish guts and um and fishing hooks lying around where um you know it can cause trouble for pets and children.

3:25:21

That's not the goal.

3:25:22

I my concern is, and so I'd like you to explain it a little bit better.

3:25:26

My concern is that for we live on a barrier island, and for people who don't live on a waterfront property, this may be their only opportunity to go fishing with their kids or their parents or by themselves.

3:25:40

Um we have lots of um public parks along the water that have benches and seawalls where people can avail themselves of the beauty of living on an island without having the you know it's it's very a very self-limiting, self-selecting for people who are able to afford to live on the water.

3:25:58

Um I myself am not a fisher person, it's not something I enjoy.

3:26:02

Um, but I am concerned about making it illegal for people who do enjoy it who don't have any other access to it, unless you're a shark fisherman and you want to go fish sharks on the beach, which is a whole other disastrous conversation.

3:26:19

But anyhow, um so help me understand, because I don't want this to be a city of haves and have not.

3:26:26

So, Commissioner, if if if I could just answer you regarding the uh the this is about our Bay Walk at the street ends of 10th Street, uh 14th Street and Lincoln Road.

3:26:36

We're not talking about our parks or or any other areas.

3:26:39

This is you know, the Bay Walk, 10th Street, 14th Street, Lincoln Road, these are some of our most cherished spots along Biscane Bay where our residents are walking their dogs and uh and and we want to keep them safe.

3:26:54

So this is specifically in those areas.

3:26:56

And Mark, I don't know if you want to expand on that.

3:26:59

No, that that's exactly correct.

3:27:00

Just for those three designated city-owned street ends along the bay walk, which is obviously heavily utilized and quite crowded.

3:27:06

You've already eliminated all uh motorized and unmotorized means of transportation, except for of course wheelchairs when used by disabled individuals.

3:27:13

But moreover, this ordinance would actually provide more opportunities for individuals who do want to fish, because aside from the city-owned designated street ends that the commissioner mentioned, 1014th and Lincoln Road, this would remove the prohibition on fishing from the jetty area between 29 and 33rd, and also remove the prohibition on fishing from the restricted swim areas.

3:27:32

So this actually opens it up more.

3:27:34

So removing it from restricted swim areas, does that cause a potential damage of if you've got people out there swimming and they don't see somebody fishing and all of a sudden they get a hook in their bathing suit?

3:27:46

I mean, yeah, and clearly not a fisher person.

3:27:49

Well, and the reason why we're doing that is because we don't have jurisdiction in those in those areas.

3:27:54

We can only do it in the cities right-of-ways.

3:27:56

Is that correct, Mark?

3:27:57

Uh not exactly right-aways, but city-owned properties, you know, city-owned real properties.

3:28:02

And and the fact of the matter is, Commissioner, you're you're you're you're correct.

3:28:05

I mean, it is certainly possible, but you know, I I think it rarely happens.

3:28:09

I think oftentimes these fishermen are out there not when swimmers or bathers are there.

3:28:13

I think they're out there in the early morning hours in the you know, mid to later evening hours when it's better fishing for them.

3:28:18

They're usually not standing there, you know, while people are on the beach.

3:28:21

I don't think that's something many of us see.

3:28:22

So can I respectfully ask that um we somehow communicate this to our residents?

3:28:29

Because I think I I know I've heard from people who are concerned the way they're reading it, is that they are not going to be permitted to to fish places, and you know, it starts here, then it moves other places, and I I get concerned with that.

3:28:43

Um so is there a way to, you know, through our social media, whatever else.

3:28:48

Um I don't know if people need to apply for a fishing license, I have no idea.

3:28:51

But um, so that people know you can't do it here, but all these other places now you can.

3:28:56

Because again, I you know, we're an island.

3:28:58

People move here because you're surrounded by water.

3:29:00

Can't afford to live on water, you should still be able to enjoy it.

3:29:02

And that's something that that I want to make sure people understand.

3:29:05

Yeah, Commissioner, I'd be happy to work with there.

3:29:07

She is I'd be right.

3:29:08

Happy to work with Melissa, and I can provide her the substantive message.

3:29:11

She can clean it up and make it marketing friendly.

3:29:13

Um, we can put it out and let the residents know that while these three city owned property designated street ends, 10 14th and Lincoln Road, fishing is prohibited.

3:29:20

However, we're opening up the jetty are again between 29th and 33 and restricted swim areas.

3:29:24

We could communicate that.

3:29:25

Sure.

3:29:26

Okay.

3:29:27

Thank you.

3:29:28

Great.

3:29:31

Any action, Commissioner Fernandez?

3:29:33

Um, I move the item.

3:29:36

Sorry.

3:29:36

Anyone second?

3:29:37

I'll second.

3:29:38

Uh push by Commissioner Fernandez, second by Mayor Minor.

3:29:41

Uh it is a public hearing.

3:29:43

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

3:29:46

Commissioner Suarez.

3:29:47

Yes.

3:29:48

Commissioner Fernandez.

3:29:51

Commissioner Fernandez.

3:29:52

Yes.

3:29:52

Commissioner Magazine.

3:29:54

Yes.

3:29:54

Commissioner Mattel Salinas.

3:29:56

Yes.

3:29:56

Commissioner Bott.

3:29:58

Yes.

3:30:00

Vice Mayor Dominguez.

3:30:00

Yes.

3:30:01

Mayor Minor.

3:30:02

Yes.

3:30:03

Motion carries item R five W is approved.

3:30:06

Second reading.

3:30:07

Public hearing is scheduled for June twenty-fourth.

3:30:10

That was R five W.

3:30:11

Great.

3:30:11

So before we break for lunch, uh, we have a working launch, an attorney client session.

3:30:15

Um I am required to read into the record.

3:30:19

The attorney client session shall commence and will be held during the lunch recess of the City Commission meeting in the city manager's large conference room regarding the following case.

3:30:27

Penrod Brothers Inc.

3:30:28

versus the City of Miami Beach.

3:30:36

The following individuals will be in attendance.

3:30:42

Commissioner Alex Fernandez, Commissioner Bach, Tanya Bach, Commissioner David Suarez, Commissioner Joseph Magazine, City Manager Eric Carpenter, Assistant City Manager Mark Taxes, City Attorney Rick DePico, Chief Deputy City Attorney Robert Rosenwald, Deputy City Attorney Henry Huntenfeld, attorneys Eric Hockman, and Flanagan of Weiss Sorota Healthman Cole, and Beerman and Beerman.

3:31:03

We hopefully will be back by one PM to continue with our Subnik time.

3:31:08

Thank you.

4:47:57

Please take your seats.

4:47:59

The meeting is about to begin.

4:48:01

Remember to speak into the microphone as this meeting is being recorded for public record.

4:48:07

Please stand by.com.

4:50:01

The EPA also says water at these levels is cancer causing and inhibits development of children.

4:50:06

Now there's simple solutions to this, including reverse osmosis and ion exchange.

4:50:12

And instead of telling people that the water is safe and excellent, we should be telling them about these simple filtration solutions like reverse osmosis and ion exchange.

4:50:25

From what I have seen in my research is called Culligan.com.

4:50:29

They've been around for almost a century.

4:50:32

And they offer a product with financing for less than one dollar a day that you can have reverse osmosis uh installed in your home to have 99% less PFOS in your drinking water.

4:50:46

Additionally, there's a famous movie based on this chemical and all the litigation into it called The Devil We Know.

4:50:54

I highly recommend it.

4:50:57

Um and and thank you for your time.

4:50:59

Really, we need strong leadership here, especially to protect the children.

4:51:02

Thank you, sir.

4:51:03

Uh, and future generations.

4:51:05

Thank you.

4:51:06

Thank you.

4:51:06

Is there anyone else in the audience who wishes to speak?

4:51:09

Seeing none, let's go to Zoom.

4:51:12

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

4:51:21

Lillia, please unmute yourself.

4:51:23

My name is Laila Bovick, Laila, L I L A.

4:51:28

I want to express my deeply concern about a news that I read today regarding the approval of the demolition of the building in May 6, 17th Street in Miami Beach, to give a space to build two towers.

4:51:45

We don't need more towers.

4:51:46

We don't need more apartments, and we don't need more cars in the city of Miami Beach.

4:51:51

The soul of Miami Beach is the Ardeco District and their old constructions.

4:51:57

And I expect the mayor and the commissioners to work to save it.

4:52:03

That's what I wanted to express.

4:52:05

And I thank you very much.

4:52:08

Thank you.

4:52:08

Thank you.

4:52:09

There is no one else wishing to speak, Mayor.

4:52:13

Okay, thank you.

4:52:14

Uh not as lively as this morning.

4:52:18

Yeah.

4:52:19

Let's get down to uh let's get down to business.

4:52:24

R5 AH.

4:52:31

R5AH is an order to the mayor, city commission of city by beach, Florida, amending chapter 30 of the My Beach City Code entitled code enforcement by amending Article 2 entitled Special Magistrate by amending excuse me, Section 30-37 entitled terms of office compensation.

4:52:44

By amending the compensation of the special magistrates providing for codification repeal or civility and an effective date.

4:52:50

This is a first reading public hearing.

4:52:52

It is item R5AH.

4:52:56

Second.

4:52:58

Can I just make one suggestion?

4:53:00

Yeah, let's let's linger.

4:53:02

Also, if you want to take the liberty of describing the item, even though it's not your item.

4:53:06

It's not my item, but I think what it does is that it amends the uh special magistrate the special master's uh compensation by ordinance.

4:53:14

Uh right now I I believe that the city manager has the authority to amend the chief special masters compensation, but the others uh that serve under this chief special master has to be done by ordinance of the city commission.

4:53:28

And what I would like to suggest um to the sponsor and to the city attorney if it's possible, is in the ordinance to put their provision that perhaps in the future the salary can be amended by resolution, which is much easier.

4:53:45

It doesn't you don't need to do the two readings and it kind of cuts the bureaucracy a little bit in that process.

4:53:51

I'm fine with that.

4:53:52

I don't know that's that's possible.

4:53:55

Um let us look into it, but it we can consider bringing an ordinance to grant that.

4:54:00

Or maybe between first and second reading if if that can be looked into.

4:54:05

Sure.

4:54:05

And and I believe the sponsor of this item is Commissioner Mateo Salinas.

4:54:10

Would you be willing to include that as part of the item?

4:54:13

Yes.

4:54:13

Yep, that's a good idea.

4:54:15

Thank you.

4:54:15

Thank you.

4:54:17

So as amended then.

4:54:19

Well, we we I need to look at the title to determine whether we can add that into this.

4:54:23

If not, we'll bring a separate item.

4:54:25

Okay.

4:54:26

So motion by Commissioner Dominguez, seconded by uh Commissioner Mateo Salinas.

4:54:31

It is a public hearing.

4:54:32

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

4:54:35

May I call a roll?

4:54:37

Yes.

4:54:37

Commissioner Fernandez.

4:54:39

Yes.

4:54:40

Commissioner Bott.

4:54:42

Yes.

4:54:42

Commissioner Magazine.

4:54:44

Yes.

4:54:44

Commissioner Suarez.

4:54:46

Vice Mayor Dominguez.

4:54:48

Yes.

4:54:48

Commissioner Salinas.

4:54:49

Mateo Salinas.

4:54:51

Air Minor.

4:54:52

Yes.

4:54:52

Motion carries the item is approved 7-0, second reading public hearing schedule for June 24th.

4:54:57

That was item R5AH.

4:55:00

R5Y.

4:55:07

RFY is an order to Mayor City Commission of the City by Beach Florida, amending chapter two of the code of the City of Bay Beach and Title Administration by amending Article 6 in title procurement by amending Division 3 entitled contract procedures by amending Section 2-367 and title for rejection of bids negotiation of sole source purchase waiver of competitive bidding to establish new procedural requirements in connection with waivers of competitive bidding and amending section 2-369 entitled award of contract to include additional factors to be considered when determining the lowest and best bidder and providing for repealers of ability qualification and effective date.

4:55:39

This is a first reading public hearing.

4:55:40

It is item R5Y.

4:55:42

Commissioner Fernandez.

4:55:52

There's a public hearing.

4:55:59

Commissioner Magazine.

4:56:00

Yes.

4:56:00

Vice Mayor Dominguez.

4:56:02

Yes.

4:56:02

Commissioner Mattel Salinas.

4:56:04

Yes.

4:56:04

Commissioner Bott.

4:56:05

Yep.

4:56:06

Commissioner Fernandez.

4:56:07

Yes.

4:56:07

Mayor Biner.

4:56:08

Yes.

4:56:09

Motion carries second reading public hearing is scheduled for June 24th.

4:56:12

That was item R5Y.

4:56:14

Commissioner Fernandez, I like the example you used in the memo of the no bid and the Poseidon Ferry one, which I voted uh which I voted no to.

4:56:21

So thank you.

4:56:22

Yeah, and and that's and and that's a whole reason why we're doing this after reviewing the uh no bid contract with Poseidon Ferry, the Office of the Inspector General identified gaps in how competitive bid waivers are handled.

4:56:34

And so this ordinance now uh now steps um adds new steps uh before any waiver of competitive bid can be approved.

4:56:44

And uh and this is something that the office of the inspector general brought to our attention because it broadens how we define the lowest and best bidder.

4:56:54

So it's not just about the price tag, it's also about risk, it's about the responsibility and whether the vendor is truly prepared to deliver for the city.

4:57:04

And I want to thank uh the office of the inspector general and Joe Centorino who's sitting in the audience uh for these recommendations that bring transparency to our government.

4:57:15

Yes, thank you, Joe, our inspector general.

4:57:22

We actually have a couple of um what animal related items.

4:57:29

We'll do those together.

4:57:30

Uh well not together, but we'll call each in turn R5G.

4:57:40

R5 R5G is an ordinance of the mayor, city commission of the city of my beach Florida, amending chapter 46 of my beach city code entitled environment by amending Article 5 entitled Turtle Nesting Protection Ordinance by amending section 46S203 entitled Prohibited Activities Disruptive to Marine Turtles by amending section 46203C relating to special events to establish rules for special events between April 1st through April 30th and May 1st through October 31, including lighting prohibitions, time limitations and penalties providing for repealer servability qualification and an effective date.

4:58:14

This is a first reading public hearing.

4:58:16

It is item R5G.

4:58:18

Commissioner Suarez, co-sponsored by Commissioner Fernandez.

4:58:21

Yeah, thank you, Commissioner Fernandez.

4:58:23

Turtleman.

4:58:25

Um Amy, can you tee up the uh the highlights, please?

4:58:30

Sure.

4:58:31

Commissioner, I'd be happy to.

4:58:32

Good afternoon.

4:58:32

Amy Knowles, Chief Resilience Officer.

4:58:35

Um so the item before you is for approval of an amendment to our existing sea turtle ordinance.

4:58:39

Uh you may remember we recently amended it a couple of years ago, actually.

4:58:43

And now this is a further refinement.

4:58:45

Um turtle season begins April 1st and it goes through to October 31st, and we have many protections.

4:58:51

Um but one of the things we also have here on Miami Beach are a lot of events, and what this item does is it allows events in April and allows them after 9 p.m.

4:59:01

They still have to meet our sea turtle ordinance, which means they have to minimize light and follow all of our rules.

4:59:06

Um, but it would not allow events from May 1st through October 31st, um, after 9 p.m.

4:59:13

Because of the lighting um issues and impact on the turtles, really the nesting season really gets going in May.

4:59:19

So it really from the science perspective, it is important as well and should really help us with our disorientation rates and and better uh nesting as well.

4:59:28

Okay, thank you.

4:59:29

Uh so colleagues, you know.

4:59:31

I wanted to bring this forward because I noticed that there were a lot of events in April that um very disruptive with a lot of lights, a lot of uh machinery on the beach, and I think there should be a definite cutoff time uh in the evening to prevent uh you know uh any sort of uh disruptions to our our wildlife and Amy you could also explain that since our ordinance we passed a couple years ago for sea toll protections, the disorientation rates have dramatically improved.

5:00:05

Yeah, so we saw an improvement in 2025 uh by nine percent, which means nine percent of our nests uh our our nesting hatchlings um didn't disorient, which is great.

5:00:15

We recently got the news from Miami Dade County, so it was at about 50 percent in 2024 and it went to 41 percent in 2025.

5:00:24

Right.

5:00:25

So um I would like to hear from my colleagues uh on this.

5:00:30

Uh I know there might be some issues with some of the events, but I think we can find a middle ground to um to work on this.

5:00:39

Commissioner Mateo Salinas.

5:00:41

I just have a couple questions, and overall I'm supportive of this.

5:00:45

Um so if this passes first reading and then second reading next month, will that affect the um Memorial Day weekend concert and the concert that we're having for FIFA or does this kick in later?

5:00:56

So this um this would come into effect next year.

5:00:58

Okay, yeah, January of 2020.

5:01:01

January of 2022.

5:01:02

Or well rather, I guess May, wouldn't it be right?

5:01:04

Right.

5:01:05

It would be May 1st, 2027.

5:01:07

Okay.

5:01:08

Thank you.

5:01:09

And again, it would still allow events, they would just have to stop um with the visible lighting after 9 p.m.

5:01:15

Thank you.

5:01:20

Laura.

5:01:21

Yes.

5:01:23

I'm back.

5:01:24

Um anybody else want to uh Commissioner Bott.

5:01:27

Um does this allow I I love this idea.

5:01:30

I'm delighted to hear about the the improvement.

5:01:33

Um does this give the city ability to use the really unsightly floodlights in case of a public safety issue?

5:01:43

Um I can't, I don't know, like if God forbid a crime seat needed to be established.

5:01:47

Um this is for special events.

5:01:50

No, I I understand it's for special events, but like i is there any sort of um does this give the city uh the ability to to do what it needs to do in case there's a public safety issue?

5:02:01

So our ordinance already has that on public safety um is important and it is a consideration.

5:02:07

So yes, if there's a situation where you know flood lights are warranted and and there's something horrible happening, of course.

5:02:13

Should it be sustained at all times during turtle season at night?

5:02:17

No, we'd rather that sea turtle lights are used.

5:02:19

I mean, that then we have a bigger issue of that four months of floodlights, that's a bigger issue.

5:02:22

Um and a question I've never asked in all of the turtle stuff.

5:02:25

Do they I know they get disoriented by light, but does noise and the vibration from noise affect anything within nests also?

5:02:32

Well, it's not within the regulatory standards.

5:02:34

So we've wondered the same thing, but it's not built into the the standards are really focused on lighting, and that's coming down from FWC.

5:02:42

But just for my own curiosity, is it some anecdotally have we observed?

5:02:46

Um we we haven't observed or I think we're not quite sure on that one.

5:02:50

Okay, it's not something that uh we've we've studied here.

5:02:52

Okay.

5:02:53

Well, just I I think there's a lot of noise somewhere.

5:02:55

I don't think a turtle's gonna nest there if it looks too um disruptive.

5:03:00

I know they might like house music.

5:03:01

Yeah.

5:03:04

Maybe not maybe not to lay their eggs, but it's supposed to be very calming.

5:03:07

There's like all this research now.

5:03:08

So Steve, that's right up your alley.

5:03:10

House music being super calming and good for everybody, like motion.

5:03:19

I'll move it.

5:03:20

Second.

5:03:22

Uh motion by Commissioner Suarez, seconded by Commissioner Bott.

5:03:25

It is a public hearing.

5:03:27

I see no one, hold on for a second.

5:03:30

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

5:03:35

Commissioner Bott on R5G.

5:03:37

Yes.

5:03:38

Vice Mayor Dominguez.

5:03:39

Yes.

5:03:40

Commissioner Mattel Salinas.

5:03:42

Yes.

5:03:42

Commissioner Magazine.

5:03:43

Yes.

5:03:44

Commissioner Suarez.

5:03:45

Yes.

5:03:45

Commissioner Fernandez.

5:03:47

Yes.

5:03:47

Mayor Minor.

5:03:48

Yes.

5:03:49

Motion is group 7-0.

5:03:51

Second reading public hearing scheduled for June 24th.

5:03:54

Mayor, I have two announcements.

5:03:57

R5AE.

5:03:59

R 5AF open and continued to June 24th.

5:04:02

So R5AE, R5AF, open and continued.

5:04:06

And that's the Lincoln Road West Residential Use Incentives.

5:04:09

Yes, sir.

5:04:10

Items.

5:04:11

Okay.

5:04:12

R5I.

5:04:18

I just A E A F R five.

5:04:22

A E.

5:04:24

What?

5:04:24

Oh, equal R5I.

5:04:26

No, no, but Commissioner Magazine was about asking me which ones were open and continued.

5:04:30

Okay, R5i is an ordinance of the mayor of City Commissioner City by Beach Florida.

5:04:35

Uh amending chapter 10 of the code of City Valley Beach, Florida entitled Animals by Amending Section 10-11.

5:04:40

They're often titled running at large prohibited exemptions by providing a grace zone extending from the perimeter of the area designated by the city manager for the benefit of an owner of an unleashed animal who inadvertently allows his or her animal to stray outside the approved perimeter and providing for repealers of a built calification and an effective date.

5:04:57

This is a first reading public hearing.

5:05:00

It is item R5I.

5:05:01

Commissioner Suarez.

5:05:02

Thank you, Mr.

5:05:03

Mayor.

5:05:03

I don't want to take too much time off of this, but the idea is South Point Dog Park.

5:05:07

Unique to any other dog park in the city is not gated, and we just passed an ordinance increasing the fines for off-leash, and I wanted to just be mindful of the residents in South Point who do bring their dogs and sometimes they do run out occasionally.

5:05:30

If any of my colleagues have any more questions, I'd be more than happy to answer.

5:05:33

But uh other than that, I'd like to move my item.

5:05:35

Second.

5:05:37

Call the vote.

5:05:38

Uh motion by Commissioner Troy, seconded by Commissioner Fernandez.

5:05:41

Wait, wait, Vice Mayor Dominguez.

5:05:43

Yeah, I just wanted to check on this.

5:05:46

Um we've had people get mauled and attacked.

5:05:50

I looked at the memo attached to this, and there is no city recommendation.

5:06:01

So the city doesn't matter either way, whether we pass it or not.

5:06:07

Um we don't have a strong recommendation on this.

5:06:09

The uh the number one thing is dog owners at all times need to be under control of their animal.

5:06:14

I understand the intent that the commissioners, the sponsors trying to make with this with the fines, and that that this is our only unfenced dog park.

5:06:22

Um so dogs may wander.

5:06:24

Um, but it is very important that all dog owners keep their their animal under control.

5:06:31

Correct.

5:06:32

So, like even if we didn't do anything today, like it's still a possibility because it's not a fenced in dog park.

5:06:37

Correct.

5:06:38

And it opened that way.

5:06:39

It's never had a fence.

5:06:40

But the majority 99% of the time when dogs do leave the that little park, there are no maulings.

5:06:47

It's just um it's just them straying out briefly.

5:06:51

Right.

5:06:52

To my knowledge, we haven't had an unfortunate incident at that specific dog park, to my memory.

5:07:03

Commissioner Mateo Salinas.

5:07:05

I just have a question.

5:07:06

John, so that's the only unfenced dog park in the area, and why is it unfenced just because it would it was there a when it was created, it was the could you explain to me the history of that?

5:07:18

Absolut absolutely.

5:07:18

The r the residents came out, this was during my time, it was created, and the residents came out at that time, they felt very strongly about not having a fence at that specific area that called and just created an off-leash area during certain times of day.

5:07:32

It came from directly from the residents of Celtifift.

5:07:37

We typically would not do that for dog parks, but that was a specific ask and a specific commission resolution at the time, um, based on the residents in the area having what they felt were some uh extraneous circumstances.

5:07:58

Correct.

5:07:59

Thank you, sir.

5:08:00

When I think it was 2014.

5:08:03

I believe 2014, yes.

5:08:04

And um, do we have a written resolution from Selfness supporting this ordinance?

5:08:10

Um, no, I do not this was discussed at committee, is that right?

5:08:17

Was this discussed at committee?

5:08:19

I should maybe the sponsor can help me.

5:08:23

I don't remember speaking about this to committee.

5:08:26

I no, I think what we did was we discussed this here and uh when the possibility of uh which was just I guess pass in first or second reading, I'm not sure.

5:08:40

Uh the ordinance to increase the fines of off-leash uh dogs in the area uh or in any area.

5:08:49

I I mentioned that South of Fifth is a dog park, has a dog park that is not fenced.

5:08:56

And so I don't want to be in a situation where residents bring their dog, they go out for five seconds, and they get cited five hundred dollars because their dog went out to you know uh on unknowingly with the owner.

5:09:12

So that's that's where we are today.

5:09:17

So I on one hand we're increasing the fines for off-leash dog park, but on the other hand, in South Point, there's a dog park that doesn't have any fences, and you know, you can't control your animals if they're off-leash there, and they run out.

5:09:32

So I think a grace period is a good compromise.

5:09:37

Mr.

5:09:37

City Clerk.

5:09:39

Um, I think it was last minute, but didn't the animal welfare committee send an LTC against this item?

5:09:46

They did, and we published it earlier this morning at 8 a.m.

5:09:50

Okay.

5:09:54

I again, I mean, I don't see what the big deal is.

5:09:57

Uh I mean, it's just an it's an unfenced dog park.

5:10:00

We just increase the fines for off-leash dogs anywhere on the beach, but we have a situation where dogs are probably gonna run out.

5:10:11

My dogs sometimes run out of the park or when they go there.

5:10:15

I don't think the owner should be fined for that.

5:10:17

And there's been no issues at the South Point Dog Park.

5:10:21

Why do we need it?

5:10:24

Because in the event that there is a code officer or park ranger that sees your dog running out, and they now have direction from the city that were paying attention to off-leash dogs, and they get fined.

5:10:41

What was the answer to the question about whether Sofa has a point on this?

5:10:44

Yeah.

5:10:46

And I'll just tell you the reason why I feel comfortable with it is because this is a unique dog park.

5:10:51

Unlike most dog parks, this dog park is not fenced, is not enclosed.

5:10:58

Most of the other dog parks in our city, are they do they have an enclosure around the perimeter, John?

5:11:03

Yes, sir.

5:11:04

You just made me think of a recent legislation that passed and were crew was passed to create a another dog park area or off-leash area closer to Smith Wetski specifically for the smaller dogs, and that also would be in South Point Park and would be unfenced.

5:11:21

The only site that is very unique because when you are dealing with the other areas of the city, you're making sure that the dogs are in a much more controlled in environment.

5:11:33

Here you've created this, you know, open environment.

5:11:39

Which is nice to have an open environment.

5:11:41

Not all dog parks have to be fenced in.

5:11:43

So that is the character of South of South Point Park.

5:11:47

It's very easy for a dog to go beyond the perimeters of the dog park because you and I and all of us know what are the perimeters of a dog park.

5:11:57

Dog owner might not.

5:12:00

And and now they're in violation of the of that of the leash ordinance with the moment that the dog goes and chases a squirrel.

5:12:10

Go and chases a ball beyond the perimeter of that of that of that area.

5:12:17

So, you know, I just I just want us to be mindful of that because then you know, if we do feel that there should be a leash, then maybe what we need to be looking at is well, should we be enclosing the area?

5:12:28

And I know in the past, you know, probably like 10 years ago or more, that was the source of great debate on this day.

5:12:36

Well, if this park has been like that since 2014, um without incident, or have people been getting fined, and that's what brought this ordinance.

5:12:45

I just feel that this is opening a can of worms.

5:12:48

Um how do you determine?

5:12:51

Oh, it I just left the park five seconds ago.

5:12:54

How do you measure that?

5:12:55

And sofna hasn't weighed in, and the animal welfare said no, I just a hard one.

5:13:00

It's 2014 it's been operating like this.

5:13:02

Why are we doing this?

5:13:03

And Mr.

5:13:04

Mayor.

5:13:04

So just just if we just to bring us back to bring some clarification.

5:13:09

The reason this brought up was there was an ordinance passed just today that increased the fines for off-leash dogs anywhere in the city.

5:13:21

And I agree with that.

5:13:22

But if you have a situation and a park where it's unique where dogs can run out like chasing a squirrel or a ball or a frisbee, they shouldn't be fined for that, considering that the city has a park designed to be open space.

5:13:43

So, you know, I again I don't I wasn't aware of any animal welfare committee resolution passed.

5:13:52

Um certainly would have been more than happy to discuss that, but this is more common sense.

5:13:58

I don't necessarily need a committee to tell me what is good governance and what it what isn't.

5:14:04

This just makes sense for a particular dog park in a particular uh setting.

5:14:11

So you know, I I think you're gonna have a lot of unhappy residents who bring their dogs there every day, and we're gonna have code officers or park rangers start issuing tickets because they run out to catch a ball.

5:14:26

So uh Mr.

5:14:28

Mayor.

5:14:30

Laura, that's you.

5:14:31

I what was that?

5:14:32

Um colleagues, I I don't know this gentleman, maybe some of you do.

5:14:39

Um we just got an email from a resident um at 128 um talking about uh this um notion about a grace zone.

5:14:49

He I don't want to read it out loud, but um what he's saying is um uh that the I'm sorry, I'm trying to find it.

5:15:01

The uh uh it's already been expanded from nothing into the the current dog park.

5:15:05

Umers are allowed to have their dogs there unleash.

5:15:08

It allows people who are um scared of dogs, people who want to keep their children at safe distance, et cetera, to k stay away from the dog uh from the dogs.

5:15:17

Um the park rangers already use their judgment and give a warning to any supposedly first time offender rather than a citation.

5:15:25

So if somebody's dog happens to stray momentarily from the dog park, they will not receive a citation unless there has been previously a problem.

5:15:33

Um and then if there's been a previous problem, the owner should not let it happen again.

5:15:36

That goes back to your point, Commissioner Squares, about um the owners are supposed to be responsible.

5:15:42

Um so I I think uh my my concern even before reading this is I'm not sure um how police and park rangers would enforce this.

5:15:53

I mean, from which point do you measure it?

5:15:55

Where exactly it's a not it's not a perimeter that is visible, so you have to use your best judgment.

5:16:00

I I think if it's been working fine, then we should continue to let it work the way it is.

5:16:05

I I don't think anyone is all of a sudden gonna be descending on on the dog park and issuing tickets.

5:16:10

That's not how it's worked before.

5:16:11

I don't imagine that's how it's gonna start working now.

5:16:14

And I I think um it it's creating uh uh uh a law that is unenforceable.

5:16:20

And um I I direct I I encourage my colleagues to read this email for yourselves.

5:16:25

I I can't vouch for this person specifically because I don't know him, but he's got some very clear points, and um so I am not going to be supportive of this.

5:16:37

Okay, Commissioner, um with all due respect, just because we get one email.

5:16:43

Let me finish.

5:16:44

If you get one email from 15 minutes ago, and that changes your opinion on everything that is common sense.

5:16:51

I don't know what to tell you.

5:16:52

Well, however, excuse me, with all due respect, it does not change my opinion on everything.

5:16:56

It did not change my opinion on this.

5:16:58

I was not going to support it.

5:17:00

I do not think it's enforceable.

5:17:01

I'm just giving you guys all the time.

5:17:03

So right now, what is it read this?

5:17:04

And just so we're clear, what is enforceable right now is that the moment your dog steps out of that dog park, you're gonna be fined something extra that we just passed today.

5:17:14

I don't think that's fair for that particular dog park.

5:17:17

And that is something that is clear.

5:17:19

It's not and I would rather not leave that discretion to a code officer or a park ranger to decide that.

5:17:30

I I just I'm sorry, I don't I don't want to have that discretion pass to some uh to a patrol officer.

5:17:36

I'd rather have there be a grace period for this particular dog park that has had zero issues.

5:17:44

Now uh who's to say that there is gonna be a code officer or a park ranger that has a a beef with one of the residents, which I know happens because they tell me about it, and they write him a ticket because that's the letter of the law.

5:17:57

So I mean uh I again I we're we're on one hand we're making it very onerous on dog owners.

5:18:04

And on the other hand, you have a situation where it's it's uncontrollable.

5:18:10

Dogs don't really know borders.

5:18:12

They don't know that they can't leave.

5:18:14

So and if in a chance that they do, I think there should be a grace period for that.

5:18:19

Uh through the mayor, um Chief Jones, sorry to call you up, but do you mind joining us?

5:18:35

Um can you address, please, how the park rangers um enforce what currently exists.

5:18:42

Um it's not something that I am down there doing every day because my dogs are up in North Beach and I keep them on the leash.

5:18:49

Um but my understanding is that there is not like a gotcha game of if the dog strays out that that somebody's waiting there to write them a citation.

5:18:58

Yeah, good afternoon, Wayne Jones, please chief.

5:19:00

Alex, my colleague uh John Rebart to address the way park ranges may deal with situations like that.

5:19:06

I can tell you as far as police departments concerned, it's really not hiring a party list um full scheme of things in a on a daily basis when patrol offices patrolling the area that we're discussing.

5:19:18

I'm sorry?

5:19:19

Likewise.

5:19:20

Say it one more time.

5:19:21

Likewise.

5:19:22

Yeah.

5:19:23

So apologies.

5:19:24

I forgot, John, that the um park rangers are officially under your purview because anyhow, but so between the two of you.

5:19:30

It this is not a thing that's like all of a sudden there's gonna be a gauntlet of of officials who can write citations.

5:19:36

It's gonna be, hey, make sure you keep your dogs in in the confines unless there's a repeated problem the way it's been existing for the last you know X number of years.

5:19:46

Correct.

5:19:46

To the the main role of the park ranger is to be an ambassador first.

5:19:53

You know, they are not mandated to go out there and to issue citations.

5:19:57

Um however, they get to know they know their patrons.

5:20:00

They they they know repeat offenders, and that's when it will trigger first.

5:20:03

It is an education.

5:20:04

Please, you know the boundaries here, keep your animal within the area, thank you.

5:20:08

And then it's okay.

5:20:09

I wise like we warned you last week when it gets to another one, then they'll issue a citation.

5:20:14

But the knee-jerk reaction is not to cite a first-time offender.

5:20:18

That's the practice of the park rangers.

5:20:21

Again, and and to that point, I just don't want to leave that to the discretion of an officer, a parking of a code officer or a park ranger.

5:20:28

I think it should be written in our code.

5:20:36

I seconds the item.

5:20:38

I second the item.

5:20:40

Steve Commissioner Mayor.

5:20:43

Sorry.

5:20:44

There is a public hearing.

5:20:47

I see no one on Zoom.

5:20:48

Is there anyone in the audience wishing to speak?

5:20:52

Does it not call the vote?

5:20:55

Uh motion by Commissioner Suarez, seconded by Commissioner Fernandez on R5I.

5:20:59

Commissioner Mateo Salinas.

5:21:02

Yes.

5:21:03

Commissioner Fernandez.

5:21:04

Yes.

5:21:04

Commissioner Bott.

5:21:06

No.

5:21:08

Yeah.

5:21:08

Commissioner Magazine.

5:21:09

Yes.

5:21:10

Commissioner Suarez.

5:21:11

Yes.

5:21:12

Mayor Minor.

5:21:13

Yes.

5:21:13

Motion carry second reading public hearing schedule for June 24th.

5:21:16

That was item R5I.

5:21:24

We'll uh we'll reach out to Sophna as well to get their uh input.

5:21:28

It's called uh R 7 D.

5:21:35

R7D.

5:21:37

Approve MOU with North Bay Village Cultural Crawl Trolley Program, R7D.

5:21:43

Commissioner Suarez, co-sponsor by Commissioner Bott.

5:21:46

Commissioner Fernandez.

5:21:48

Commissioner, I think this was pulled off of consent at the last meeting.

5:21:53

And this is why it's discussion now.

5:21:58

Okay.

5:21:59

Um I know I know everybody has been working on trying to figure out the details and the pricing.

5:22:04

And um I thought I thought that they were that we were still in discussions with the mayor.

5:22:10

Um and Jose to get to the pricing.

5:22:13

So Jose, take it away.

5:22:15

Sure.

5:22:16

Um thank you.

5:22:17

Mr.

5:22:18

Mayor Commissioners, Jose Gonzalez, Transportation Mobility Director.

5:22:22

So what this item does is it formalizes the relationship, the arrangement between the city and North Bay Village, wherein we've been uh well, actually, at North Bay Village's cost, uh we've been using our operator to provide trolley service during culture crawl events, and as part of that service, uh our trolley serves, it extends over into North Bay Village.

5:22:48

It it has a few stops there, picks up drops off people, brings them over to North Beach along 71st Street, a couple different areas, including the fountain district as well as the Banchell area.

5:23:01

And it's been it's been popular.

5:23:03

North Bay Village has really you know enjoyed that this partnership.

5:23:10

Uh I'll reiterate, it's been at their cost, and it will continue uh to be at their cost.

5:23:17

And so far, we have their commitment until the end of this cultural crawl season, which I believe is July of this year.

5:23:25

And so what this agreement does is it formalizes the relationship and uh establishes a mechanism whereby North Bay Village can reimburse us because up until now we've been fronting the funds for this service.

5:23:40

It's once a month.

5:23:41

Through the mayor, take a question.

5:23:43

I have a question.

5:23:44

Go for it.

5:23:45

Um through the mayor.

5:23:47

Commissioner Bott.

5:23:48

Um I talked to Mayor of Street Feld uh three weeks ago about this.

5:23:53

Loves the program.

5:23:54

Everybody in North Beach loves it.

5:23:55

I I you know it would be awesome to expand it down the road when we're ready.

5:23:59

But um, my recollection was that there had been a concern about the pricing and that that North Bay Village and Miami Beach were working on trying to figure out what the right pricing should be.

5:24:09

It was a little bit expensive for them, perhaps.

5:24:12

Um can you talk about where we are in that?

5:24:15

So I believe you're referring to a permanent service, a potential future permanent service called the R trolleys to North North Bay Village.

5:24:25

Okay.

5:24:26

In terms of this item and the service during culture crawl, they are they are 100% on board.

5:24:32

Um that's a whole separate item that we can work on separately.

5:24:35

Yes.

5:24:36

Okay, got it.

5:24:36

Thank you.

5:24:37

So I I move the other item.

5:24:39

Second.

5:24:40

Let's call the vote.

5:24:41

So I have a motion by Commissioner Bott, seconded by Commissioner Fernandez on R7D.

5:24:45

All in favor, please say aye.

5:24:47

Aye.

5:24:48

Anyone opposed, hearing none, R7D is approved 7-0.

5:24:53

R7E.

5:24:55

R7E is discount on residential parking permit registration P.

5:25:01

Commissioner Mateo Salinas.

5:25:05

So this item was on consent, and I actually pulled it myself because there was a bit of a um misrepresentation.

5:25:11

The idea is to give a military discount and a senior discount for folks on their with their uh registration fees.

5:25:20

And unfortunately, the senior discount didn't mention that it was supposed to be for low-income seniors, not just any senior.

5:25:26

So I'd like to offer that amendment and then move my item.

5:25:30

So this will just be for low income seniors and military to get a small, very modest 10% discount.

5:25:38

I'd like to thank you.

5:25:39

I'd like to call the vote.

5:25:40

Uh motion by Commissioner Mateo Salinas, seconded by Commissioner Fernandez as amended.

5:25:44

Let me just ask one question if this is part of that, actually.

5:25:48

Is this a referral to committee?

5:25:49

Or is that the policy we're adopting it now?

5:25:51

This is the policy we're adopting now.

5:25:52

Let me ask you something.

5:25:54

Yeah, we're talking about seniors.

5:25:56

And we're talking about our service members.

5:26:00

And there's nothing more significant that we can do than 10%.

5:26:04

I mean, it's your item.

5:26:05

Yeah, I don't want to throw a wrench in it.

5:26:10

Um I'm just wondering, you know, seniors are not always in the best positions.

5:26:18

Um it's up to you.

5:26:22

I'm fine with uh a bigger um discount.

5:26:25

And in fact, the item might even say 20 percent.

5:26:27

I don't remember the number offhand, but I'm fine with whatever works uh financially and what I get support with up here.

5:26:34

I agree with I'd love to give a bigger discount.

5:26:36

Um so I'd I'd love to hear from others too up here.

5:26:41

All right, we're talking about our service members also, and they've done a lot for us.

5:26:47

Um anybody want to go higher?

5:26:54

Free?

5:26:56

That's what that's how I was feeling, actually.

5:26:58

Okay, I'd like to amend my item to say that uh low-income seniors and military professionals get um free uh parking fees.

5:27:06

Yeah, do and I and I'm sitting right next to our budget chair, so uh just just money.

5:27:11

Yeah, just I I would want to now I I threw that out there as a as potential to contemplate it, but I'd like to hear and I don't know if you would be able to do it now.

5:27:19

What what kind of fiscal impact that will have?

5:27:23

I I mean this isn't how we legislate.

5:27:27

Right?

5:27:28

We're we're just 10.

5:27:29

Do I hear I mean that's what Oprah does.

5:27:32

Free car for you.

5:27:34

Like if we're gonna do it, let's be serious about the policy.

5:27:37

We don't just say, uh, start at 10 percent, uh go to 20.

5:27:40

Do I hear free?

5:27:42

Yes, free.

5:27:43

If we're gonna do it, let's specify who it is, what it's gonna cost the city, and make a sound judgment.

5:27:50

And that's what we're doing.

5:27:51

This is silly.

5:27:52

Well, it's not because that's actually what we're saying.

5:27:54

We're just about to pass it.

5:27:55

We go, okay, free, sure.

5:27:57

We don't know what fiscal impact 10 percent.

5:27:59

And that's not what we're gonna do.

5:28:00

Or free.

5:28:01

We're discussing it.

5:28:03

But the issue is we're not we don't have any analysis.

5:28:06

And so I you know, uh I I'm all for I I think we need to as there are other things on this agenda that that talk about waiving fees.

5:28:15

And I on principle, there's a there's a case to be made for reduced or or waived fees, but let's make them means tested instead of just generalizing categories which are not very precise.

5:28:28

I mean, why is somebody who might be 67 years old but living in a 20 million dollar home getting discounted parking?

5:28:36

You know, so I I don't agree, I I don't disagree with the goal.

5:28:40

Um, and you know, perhaps military veterans are a whole different um category.

5:28:44

I don't know.

5:28:44

Let's look at what best practices are and let's come back to the commission with her proposal of means tested, what the impact is.

5:28:51

Um, you know, in cities around the world, uh around the country, this is how they treat uh military veterans who deserve you know all the respect and all the the benefits that they can accrue for having put their lives in harm's way for the greater good of our country.

5:29:05

Like nobody's arguing that, but let's figure out what the best way to do it is before we just wholehearted wholesale just you know make decisions on the fly.

5:29:14

At the same time that we're going through this budget process where we are trying to keep taxes steady, um, do billions of dollars of infrastructure rate that currently uh um uh uh infrastructure work that is currently unfunded and wildly necessary, and sure it's not a lot of money on this, but then it's not a lot of money on that, and then all of a sudden it starts adding up.

5:29:34

So uh again, I support the goal.

5:29:37

I I just suggest that maybe we we open and continue this till next month, let you guys have a chance to come back to us with a plan and and make it happen in a measured way.

5:29:47

Yeah, if if I can bring it home.

5:29:50

It's your item, Commissioner Mateo Salinas.

5:29:53

I think there's been some good suggestions here, but clearly it's gonna take a lot of more input from city staff and and the financial impact.

5:30:00

So I don't want to I don't want to hijack your item Commissioner Mateo Salinas it's up to you.

5:30:05

I mean I think you have the votes to get this passed today at 10% and maybe future considerations for something more that's your call.

5:30:12

Or even 20 I'm sorry I I didn't mean to take it from you but um let's just like quantify what it is.

5:30:18

Is there even like a back of the envelope estimate well McDonald director parking city my beach right now we don't have any data on anybody self-identifying as a military veteran as an active duty service member or on the ages of anybody that holds residential permits.

5:30:34

It's it's not something that we collect or ask.

5:30:38

So I I imagine it's got to be what what is our comprehensive permit registration fee.

5:30:47

I don't have that number I apologize of dollars so for example our our annual registration in zone two uh is fifty six dollars a year um we have Altos del Mar which I want to say off the top of my head is just over 200 a year yeah I get that but it but it runs but I'm saying like uh our aggregate fees that we collect on permit registration are we talking hundreds of thousands millions?

5:31:13

10,000 sixteen thousand fifty I'm just I I'd say it's less than a million or right around that area it's less than a million I'm fine wherever you want to take this uh commissioner I just think like you know we we come with something more tan not we come with something more tangible you have this but when we decide on something let's just have a rhyme or a reason to it and if I didn't get that maybe the mayor said it is a joke I wasn't referring to you as free but if we were about to vote on that it's just let's have something tangible right like okay let's make our argument for 10% let's make our argument for 20% let's make it for free if that's what it's going to be and at least have some sort of idea whether that's and we don't need to refer to finance committee to hash this out even if it is returning maybe next month is this first reading okay so this is uh this would be approved just to see the quantification.

5:32:18

But we don't have that quantification right because we don't collect those details so there's really no way even if we bump this a month yeah uh that that is that is a correct assumption commissioner unfortunately we don't uh we we don't ask anybody the the questions that would be required so it would be a um a guesstimate is the word I like to use how will we implement it then so essentially in the implementation we would just add it as another question with our uh application so uh for example um if you are a military veteran please or you know active duty please provide your CAT card um or your uh CAC card sorry uh or your uh DD 214 um and then if we use low income we could talk on on on respectable ways to to best serve that population uh I don't want to spit ball off the top of my head right now Mr.

5:33:11

Mayor we could figure out a way and I'll just leave with one thing wherever we land up let's just have like seriousness around it and uh rhyme or reason we can do that today if we're not going to get further data I'm fine on voting for something today let's just maybe collectively have seriousness around what that number is Commissioner Bott.

5:33:28

So um perhaps uh it might be useful to reach out to the VFW post to see they might have a sense of how many veterans live in the city um and then also um another idea for you uh one of the other things that we can do is we can prov um we have the email addresses for everyone that has a residential permit we can send out um a a Microsoft forms anonymous poll yeah I I don't want to do that all of this like if we had the data we had the data uh we don't need to try and you know solve the black scholars bottle to try and get what the back of the envelope is if you say our aggregate data is less than a million dollars as a whole and this is just a small source small subset of that and if I may through the chair um we do have some restrictions in our parking bond covenants that I would want to look at before you did a free parking program this may be the minimum so it may not matter but um I am not prepared to give you that recommendation today.

5:34:35

I don't I don't think we're really doing free we're not doing that I don't think that's uh seriously on the table I guess we're trying to come to uh well I'll turn to back to Commissioner Matthew Salinas it's your item so why don't you give us direction what you want to see go forward today and see if you still have the support which I think you do.

5:34:52

Thank you Mr.

5:35:06

Maybe we do an AMI of less than 80 percent, I don't know, and then military members, um, current and active duty.

5:35:13

So I'd just like to to I'd rather get this done than kick it down the road and then have it go through a bunch of iterations, and then it will eventually maybe even come back the same way.

5:35:22

So let's just do it today.

5:35:24

Um I move my item.

5:35:25

Yeah, and if I could, Commissioner Mateus Lee, I'm fine to get anything done, whatever it is that you want to land on.

5:35:32

And I apologize if I hastily hopped in, but we just went in five seconds from 10 to 20 to free.

5:35:39

So wherever we want to land on it, as long as there's some thought put behind it.

5:35:45

I just saw that train kind of like going down the track.

5:35:47

So that's why you have a budget chair.

5:35:49

Absolutely.

5:35:49

No, but um, I I don't need this to go through different iterations.

5:35:52

It was just kind of taking a second to pause.

5:35:56

Uh I I think we're actually going to start to paying people to register.

5:36:01

That's where we're going.

5:36:03

Um, but kidding aside, uh support whatever you want to do.

5:36:07

Uh wherever you want to take this, we don't need to you know uh prolong it.

5:36:12

That was a helpful discussion that we got from Will about the aggregation and collection of some of the data.

5:36:17

Uh so wherever you want to go to this, don't constrain yourself to what was originally proposed.

5:36:21

If um if you thought a different number works, you have my support.

5:36:27

Thank you.

5:36:27

I'm fine with 10%.

5:36:28

I wrote it as 10% just to you know help a little bit.

5:36:31

Um and this actually was a request from a senior that uh approached me, and so um I felt 10% was small but fair.

5:36:40

Um and again, I'd like to move my item.

5:36:43

Second.

5:36:44

It's called a vote.

5:36:46

Of motion by Commissioner Mateo Salinas as amended, uh seconded by Commissioner Fernandez to include low-income seniors and military uh personnel.

5:36:55

Uh all in favor, please say aye.

5:36:57

Aye.

5:36:57

Anyone opposed?

5:36:58

Hearing none, R70 is approved 7-0.

5:37:02

Good job, Commissioner.

5:37:05

There's actually one more welfare item that was not called R5J.

5:37:12

R5J is an order so mayor city commissioners to do by being Florida, amending chapter 10 of the Bible City Code entitled Animals by Amending Section 10-1 and title definitions to further define certain terms they're in by amending section 10-3 and title enforcement adoption of portion of Miami Day County Code by reference to clarify enforcement requirements by amending section 10-5.

5:37:30

Entitled failure to give accurate identification or refusal to sign and accept notice of violation to clarify violation requirements by amending section 1019 entitled cruelty to animals to further define terms they're in by amending section 10-2 and titled confinement of animals without sufficient food, water, or exercise.

5:37:46

Abandonment of animals to further define terms they're in, and by creating section 10-22 entitled reporting of suspected animal cruelty to encourage early reporting and providing for repeaters of ability codification and effective date.

5:37:59

This is a first reading public hearing.

5:38:01

It is item R5J.

5:38:03

Commissioner Suarez.

5:38:04

Thank you, Mr.

5:38:05

Mayor.

5:38:05

Um, I just want to highlight some of the key provisions for updating this ordinance that is um I I think severely lacking some modernization.

5:38:15

Um allows officers to rescue animals from hot cars under exigent circumstances, allows officers to take temporary emergency protective custody of animals, uh, creates a reporting section to encourage reporting of suspected animal abuse.

5:38:33

Uh it enhances animal neglect and cruelty standards by giving specific enforceable examples.

5:38:40

Uh it adds in failure to act when an owner fails to seek necessary veterinary care, allows park rangers and code officers to enforce in addition to police officers.

5:38:51

Um animal neglect and and abuse, and both civil fines and criminal charges can run concurrently and civil cases support criminal cases.

5:39:01

Um section 10-1 amendments.

5:39:04

This section revises the definition of an officer to include code compliant officers and park rangers.

5:39:11

Uh that means the city will have a greater reach to address animal neglect and animal cruelty because both departments can intervene more quickly.

5:39:20

Uh section 10-3, this section changes shall issue to May issue, giving officers discretion to choose warnings, education, or citations depending on the circumstances.

5:39:30

That means officers can use their professional judgment and educate owners to increase compliance and address matters before they escalate to serious neglect or cruelty.

5:39:39

It also confirms that any authorized officer may enforce chapter 10.

5:39:43

Um if the city wants to chime in on some of the provisions, you're more than welcome to.

5:39:50

Just a couple more.

5:39:50

10-5.

5:39:51

The section clarifies that if a person refuses to sign or accept the notice of violation or subs of subsection, then that such person can be arrested so long as a refusal occurs in the presence of law enforcement.

5:40:03

Penalties are amended to align with other portions of the city code.

5:40:08

And section 10-20, the section details standards for proper care, including for adequate food, continuous access to potable water, ventilation, sanitation space, and protection from extreme weather.

5:40:20

It prohibits leaving animals unattended in dangerous vehicle conditions.

5:40:24

It also allows each day of a violation to be counted as a separate offense by expounding on the acts that constitute animal neglect.

5:40:32

This section provides clear, enforceable standards for officers, visitors, and residents.

5:40:37

Officers are also empowered under the section to offer early education and to take emergency proactive actions when an animal is in imminent danger.

5:40:46

It reiterates immunity from liability for officers acting in good faith.

5:40:50

In section 10-22, this section encourages residents and animal-related related businesses to report suspected cruelty or neglect permits, anonymous reporting, and clarifies that it does not create a legal duty to report.

5:41:04

This may re this may allow for earlier intervention and allow more cases to be identified before an animal reaches a critical state.

5:41:11

It also identifies those who see animals most frequency, frequently veterans, groomers, boarding facilities, and trainers to encourage early detection or cruelty and neglect.

5:41:19

So, like I said in the beginning, this is more of a modernization for our animal cruelty laws.

5:41:29

Commissioner Bot.

5:41:30

I love this.

5:41:31

I move it.

5:41:32

Second.

5:41:34

Wow.

5:41:34

Wish every irony can be like this.

5:41:36

Let's call the vote.

5:41:38

It is a public hearing.

5:41:39

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

5:41:41

I have a motion by Commissioner Botts, seconded by Commissioner Suarez.

5:41:44

Commissioner Suarez.

5:41:45

Yes.

5:41:45

Commissioner Magazine.

5:41:46

Yes.

5:41:47

Commissioner Fernandez.

5:41:48

Yes.

5:41:49

Commissioner Bott.

5:41:50

Yes.

5:41:50

Vice Mayor Dominguez.

5:41:51

Yes.

5:41:52

Commissioner Mateus Salinas.

5:41:53

Yes.

5:41:54

Mayor Minor.

5:41:54

Yes.

5:41:55

Motion carry second reading.

5:41:56

Public hearing is scheduled for June 24th.

5:41:58

That was item R5J.

5:41:59

R7F.

5:42:01

R7F has created an expedite elevator inspection protocol.

5:42:06

R7F.

5:42:08

Commissioner Magazine.

5:42:10

Thank you, Mr.

5:42:10

Mayor.

5:42:12

Is part of a lot of the especially older buildings go into inspection.

5:42:19

40-year recertifications and things of that nature.

5:42:23

One of the biggest uh overhangs and challenges is updating and getting certifications for elevators, especially a lot of the older buildings, particularly those buildings that have uh single elevator.

5:42:36

In some of our senior homes that we visited, right?

5:42:39

I can remember going uh for an event probably about a year ago, and there was a senior building with one of their elevators, and they're waiting ten minutes?

5:42:49

Crazy, crazy, right?

5:42:51

It's a life safety issue, it's a quality of life issue, it's restoring dignity to people's lives.

5:42:56

Uh, and that's in the most extreme, but even uh in in the medium, it's really uh for multifamily buildings, they just want to get things done uh expeditiously, and we're seeing that more and more uh and seeing those challenges uh with the elevator inspection.

5:43:14

So, John, turn it over to you.

5:43:16

Um I don't think this should be largely controversial, but uh happy to answer any questions.

5:43:21

Uh yes, sir.

5:43:21

John Norris, public works director.

5:43:23

So this item I believe came up after a complaint came in from a building in Mid Beach that had quite a few senior citizens in it.

5:43:29

Since then we have modified our approach.

5:43:32

In that case, it was part of the responsibility was on the contractor who wasn't quite ready for the inspection, but you know, there were some communication issues.

5:43:41

We resolved that.

5:43:42

We do now have a plan to um prioritize buildings that have only one elevator and move them ahead in the schedule to get that elevator inspection inspected and get it online.

5:43:55

In addition, um our elevator inspectors are encouraged to communicate with the contractors to make sure that they know exactly what they need to have done so we are not coming back for multiple inspections.

5:44:08

One challenge we do have is these inspections can take an entire day, depending on the size of the building.

5:44:13

So we do need to make sure when we go there that we want to pass them on the first inspection.

5:44:18

We want them to be ready, so we are working to coordinate that.

5:44:21

Okay.

5:44:22

Excellent.

5:44:22

I appreciate that, and I appreciate all the work uh you and your team have done.

5:44:26

Thank you.

5:44:28

Yeah.

5:44:29

Um, I'd like to co-sponsor this item.

5:44:31

This is a great item.

5:44:32

And I was also um someone reached out to me about an a building that had, I think 10-11 floors and the elevator was broken, and and there were elderly people that were stuck on the upper levels that just didn't have the strength and the wherewithal to climb up and down, you know, 10-11.

5:44:49

It was a mess.

5:44:50

So I love this item, Commissioner Magazine.

5:44:52

Thank you.

5:44:53

And I want to co-sponsor this item.

5:44:56

Mr.

5:44:56

Mayor.

5:44:57

Commissioner Suarez.

5:45:00

Um the elevator in City Hall.

5:45:07

Has that has that is that expired currently?

5:45:11

I'm not sure.

5:45:12

I'm going to the main one.

5:45:17

Don't know if it does meet you're not asking questions, you're not the answer.

5:45:23

Yes, sir.

5:45:24

It's due on our new inspection.

5:45:28

I think it's a little rich that the city continues to fine residents and buildings.

5:45:35

Meanwhile, our own elevators expired.

5:45:40

And we we're the city building or the staff is not getting reprimanded for this.

5:45:48

Meanwhile, we have residents and their condominiums who have expired tags for whatever reason, and they're getting penalized.

5:45:58

Meanwhile, we're not.

5:46:00

I don't think we should be giving any sort of penalty to any residents until the very least all of our elevators in the city of Miami Beach are up to code.

5:46:20

So if I could, um I think that's a slippery slope.

5:46:25

And I think it's something that we need to be a little bit careful about because there are different levels of safety concerns.

5:46:31

Our elevator inspectors are very careful to take elevators out of service when they are not functioning properly.

5:46:39

Taking out of service and fining.

5:46:54

Commissioner Bott.

5:46:55

Ask a question for clarification.

5:46:57

The elevators in City Hall, are they just due an inspection or are they out of or they're not working properly?

5:47:04

Okay.

5:47:04

Um they're working properly, but they currently need some sort of repair modification, which is not life safety related to get a vow certificate.

5:47:14

That is my understanding of the situation.

5:47:17

I do have um Frank Garcia here who is more closely working on this.

5:47:22

So I mean, do we have a plan in place?

5:47:25

We we do.

5:47:26

Um good afternoon, Frank Garcia, Facilities Management Division Director.

5:47:32

Yes, each unit, you know, may have um a kind of lesser item uh where it's uh something that doesn't merit shutting the unit down, but it's a compliance kind of regulatory item.

5:47:48

I can share that you know, one of the challenges that we come across when scheduling these inspections is there has to be multiple parties.

5:47:56

Um public works elevator section, um fire alarm vendor, um the elevator uh maintenance and repair contractor that we use.

5:48:09

So sometimes getting all these um folks on the same page for the inspection um becomes a challenge, and that's why I think we've seen a lag as of late on those certificates.

5:48:19

Is that requirement that is complicating factors to get the inspections done?

5:48:24

The same type of the same set of requirements for a private building, a condo building would also have to have those four or five different parties on site, or is it different?

5:48:35

Yes, ma'am, it should be the same protocol and the same types of machines.

5:48:39

We're the government and we've got all the people here, and it's hard for us to get done.

5:48:45

Um so I I think um when we find when we do elevator inspections, do we is there a bifurcation of um you need to get this fixed, you've got a 30-day cure window or whatever versus this is a life safety issue?

5:49:03

Like what what triggers a fine?

5:49:06

For instance, when somebody leaves yard clippings in the condo front yard, they get a notice of violation, they have 30 days to cure it before they get fined, right?

5:49:17

So is that is that what happens with an elevator that doesn't have a life safety issue, or is that or they the fine happens immediately such a request?

5:49:28

Yeah, I'm not sure I'm actually texting our chief elevator inspector to get a little more information on this.

5:49:34

So just I'm gonna make an after after the fact a motion for resolution because it doesn't seem like staff really knows what's going on either.

5:49:45

I don't want any residents in Miami Beach to be fined for their elevators until we have every single elevator of Miami Beach up to code.

5:49:55

Second.

5:49:58

It's it we need to lead by example.

5:50:00

Yeah.

5:50:00

I mean, if if we're not if we're not able to comply for whatever reason, how are we going to be burdening our own residents who have access to less resources with the fines associated with this?

5:50:14

I you know, there's ways to still push for compliance without the fine attached to it.

5:50:23

Through the mayor.

5:50:25

Vice Mayor.

5:50:27

Yes.

5:50:28

Um so I I agree with that notion of leading by example.

5:50:33

Um I also, however, have concerns that the fines are used a little bit like a stick when the carrot doesn't work.

5:50:41

And what I fear is that property managers or owners of multifamily buildings with elevators may not I I don't want to get into a situation where the property owner or manager is not complying and it's a life safety issue because they know they're not gonna be fined.

5:51:05

That to me, that's a really slippery slope and a and a tricky needle to thread to throw all the metaphors into one sentence.

5:51:13

Um I don't want you know, for the example you somebody gave about the the 10-story building with seniors trapped on the upper floors because they couldn't walk up and down.

5:51:23

I don't know if that's because the property owner just didn't care, and they're like, I don't, you know, nobody's gonna check on me.

5:51:29

Or if I I don't know, but I don't want to sort of open the floodgates to people not doing what's right by the residents in those buildings.

5:51:36

So how do we how do we do all the things they can still issue a warning?

5:51:42

They just aren't imposed a few.

5:51:46

Is there a way to differentiate between life safety versus well if there's a life safety issue, I'm assuming they turn it off.

5:51:53

They they the elevator is no longer functional.

5:51:56

If if it's about to fall apart, they're not just issuing a fine or a warning, they're saying you cannot use this elevator.

5:52:03

That's a oh, there's that's a uh that's something completely different.

5:52:06

But I'm not sure that when they what I'm saying is just if your certification lapses because your your board changes over or you you just weren't following through, and there shouldn't be a fine until we have all of our elevator six because we should be leading by example.

5:52:25

I want to just make sure we're clear on the two issues.

5:52:27

But when you issue these violations, do you defer do you differentiate between a life safety violation as opposed to a general maintenance violation?

5:52:36

That is correct, you do.

5:52:37

And I would like to get some more information on what's going on with the city hall elevator because uh it doesn't warrant the shutdown, and it also might not warrant a fine at this point.

5:52:47

There is a huge challenge, as Frank pointed out, bring all the parties together, and that was the issue that actually brought up this conversation.

5:52:56

They couldn't get the fire alarm company there with the elevator company with the inspector, so it's all a coordination issue.

5:53:03

So I would like to get a little more information as far as what's going on with the city hall elevators, that's likely the issue.

5:53:09

In at least a couple months.

5:53:12

And I really can't speak to that, but if I could get more information, I'd know the details and well to be able to be fair, John, it's really not your responsibility, it's our city manager's responsibility to be answering these questions.

5:53:26

So it absolutely, the buck stops with me.

5:53:28

I'm responsible for all the departments.

5:53:31

Um and the fact that the elevators haven't gotten their inspections and recertifications is unacceptable.

5:53:39

And we need to make sure that that happens as soon as possible, and I think there should be no reason that that can't happen in the next 30 days.

5:53:50

Um and we'll bring an update back to you next month.

5:53:53

Can I ask another question?

5:53:55

Um when a residential building gets a fine for uh an elevator issue, it's the it's the bill the property manager who who pays the fine, it's not the residents.

5:54:07

Uh yeah, of course we'll see residents.

5:54:10

I guess passed down to to the residents.

5:54:14

And that's and that's where like I think what Commissioner Suarez is mentioning, it it does make sense too because I do think when it's general maintenance and you're not doing your maintenance and there's issues, you know.

5:54:25

Um when you're not doing your your maintenance because of the bureaucracy, the bureaucracy gets in the way, there's or there's I don't know, inventory issues and the in the marketplace.

5:54:37

Sometimes you hear a lot of these um maintenance issues with elevators and there's there's a lack of supply on a specific piece on a specific product that everyone is dealing with at the same time.

5:54:51

Why would we why would we charge the residents and the condos of our city, those condos and even apartment buildings are gonna pass it down then to the tenants?

5:55:02

Why are we going to charge them a violation?

5:55:05

Um it's different when it when it's a live safety violation.

5:55:09

There maybe we should continue pursuing aggressively because that's a very different thing, a life safety violation.

5:55:16

But I think when we're talking about general maintenance, I think I think we're we're we're all on the same page that even if the city can do it, can't keep up with the um with uh with the regulatory requirements of having the permit up to date.

5:55:32

Well, then how are we going to go out there and start you know issuing these fines on our residents who are dealing with the same exact circumstances and limits in in supplies and and industry issues as we are.

5:55:48

Commissioner Mateo Salina.

5:55:51

I just wanted to ask a question.

5:55:52

Do we have any um do we have enough elevator inspectors or do we have openings in that department?

5:55:58

How's that looking?

5:55:58

No, that's completely filled.

5:56:00

It's completely filled.

5:56:01

We have two elevator inspectors and one chief elevator inspector.

5:56:04

They're all in the field doing elevator inspections, which is likely why I'm not getting a response right now, because often they're in precarious situations doing inspections.

5:56:13

Through the vice mayor.

5:56:14

Do that through the vice mayor.

5:56:16

Also, uh because I've I've I've attended numerous condo HOA board meetings, and a lot of these elevator companies, a service person, there's only like one or two, and they really have a monopoly on the industry, unfortunately.

5:56:33

And they're very unreliable.

5:56:36

And when that happens, it's the residents that end up paying for their uh I guess unreliableness uh through their vendors.

5:56:46

So if we're experiencing that, and we can't even get our elevator certified, then I don't think we should be requiring that from um from our residents.

5:56:58

And I'm I'm I'm I'm okay with amending it to non-life safety issues.

5:57:04

Um at least for the time being.

5:57:06

So, Mr.

5:57:06

City Manager, if you think you can get it done in 30 days, great.

5:57:09

Then that will be 30 days of uh of leading by example.

5:57:15

Do you have any problem with that?

5:57:17

Uh we're talking a lot of generalities, and I'm not hearing any specific examples, so I'm struggling to say yes or no in a hypothetical situation.

5:57:28

So maybe, Mr.

5:57:29

City Attorney, you can help me craft this.

5:57:32

I'd like to have a after-the-fact resolution that no buildings get fined from our elevator department until such time that all of our city elevators are up to code minus any life safety issues.

5:57:49

So just to understand, because I believe that what we have is that our inspections are not up to date.

5:57:57

So I think what you're proposing is that a violation because an inspection is not up to date, will not receive a fine until such time as the city's own elevators have their inspections up to date.

5:58:09

Is that what you're proposing?

5:58:11

Correct.

5:58:15

And I believe I have a second on this.

5:58:17

Yes.

5:58:18

Second.

5:58:21

Is it time to call the vote?

5:58:24

We have two items.

5:58:25

We this is the after-the-fact reso.

5:58:27

Uh so we're gonna call this R7F2.

5:58:31

So an R7F2, I have a motion by Commissioner Suarez, seconded by Commissioner Fernandez for the after-the-fact.

5:58:36

All in favor, please say aye.

5:58:38

Okay.

5:58:39

Anyone opposed?

5:58:40

Hearing none, we stuh the item is approved.

5:58:43

We still have to deal with R7F, the item that was on the agenda.

5:58:46

I don't have a motion or a second floor.

5:58:48

I'll move it.

5:58:49

I'll say by Commissioner Suarez, seconded by Commissioner Magazine.

5:58:53

This is on the original item R7F, which we're now calling R7F1.

5:58:58

In favor, please say aye.

5:59:00

Aye.

5:59:00

Anyone opposed?

5:59:01

Hearing none, R7F1 is approved.

5:59:07

Thank you.

5:59:10

Let's do some uh get the budget items done.

5:59:14

See Jason Green here, R7A and R7B.

5:59:18

R7A, uh public hearing adopt fourth amendment to the fiscal year 2026 capital budget, R7B, adopt fourth amendment to the fiscal year 2026 operating budget.

5:59:30

I'll move the item.

5:59:31

I'd like to hear what this is.

5:59:34

Of a motion on both items.

5:59:36

R7A and R7B by Commissioner Fernandes.

5:59:40

And I heard I'd like to hear the question.

5:59:42

Yeah, well, and I heard a second by Commissioner Mateo Salinas.

5:59:45

It is a public hearing.

5:59:48

Uh thank you.

5:59:49

Uh Jason Green, City's chief uh financial officer.

5:59:52

The first item is the the capital budget amendment.

5:59:55

Uh the first item on there is the water main replacement for uh Date Boulevard.

6:00:00

Uh this is taking some money from the two series 2025 water and sewer uh from one project that has additional funding.

6:00:09

This is to get this project uh across the finish line on its funding for for uh procurement that was just done.

6:00:16

That was the first one on the water rain replacement on Date Boulevard.

6:00:19

Uh the second one is the Maui Beach Mooring Field Bowie design.

6:00:24

This is to add 78,000 dollars from the waterway markers and signs project.

6:00:28

This is due to the fact the project had been canceled and that 78,000 was targeted uh to be funded through uh a grant.

6:00:36

And since the project wasn't moved forward, the grantee uh notified us that that we would not be in reimbursed so the city would have to identify the the funds that were already spent on that.

6:00:44

So those are the two for the capital.

6:00:49

That's already been seconded, sorry.

6:00:52

So may I call the vote?

6:00:54

Let's call the vote.

6:00:55

So R7A and R7B have a motion by Commissioner Fernandez, seconded by Commissioner Mateo Salinas.

6:01:01

It is a public hearing.

6:01:02

I have one individual on Zoom.

6:01:03

Anyone in the audience?

6:01:05

Seeing none.

6:01:06

Miami Beach is a screen name.

6:01:08

Uh you hear us to speak on the budget items.

6:01:17

Screen name of Miami Beach, please unmute yourself.

6:01:24

PJ, let's let's conclude that then.

6:01:28

Mayor, there is no one on Zoom or in the audience.

6:01:31

All in favor of R7A and B, please say aye.

6:01:34

Aye.

6:01:34

Anyone opposed?

6:01:36

Hearing none, these items are approved.

6:01:38

R7AB.

6:01:41

Thank you.

6:01:42

We have the op reading.

6:01:44

We did.

6:01:44

R7A and B.

6:01:46

Thank you.

6:01:46

Thank you.

6:01:47

Thank you.

6:01:48

It's called R7AC.

6:01:50

Mr.

6:01:50

Mayor.

6:01:50

Commissioner Fernandez.

6:01:51

Yeah.

6:01:52

I mentioned it earlier at the at the beginning of the meeting.

6:01:54

What was going to happen today at the Freedom Tower?

6:01:58

And it happened while we were sating sitting here in our chambers during our meeting, the very historic nature of the uh the indictment against Raul Castro for the atrocities and uh and the murderers acts that were committed back in 1996 when they shut down the uh brothers to to the rescue planes on their humanitarian mission over international waters.

6:02:23

And and it happened today that the federal government um didn't brought forward these uh charges against this murderous regime that has hurt so many in our community, upending their their lives.

6:02:38

And um and I wanted to publicly express gratitude to you uh for the statement you put out uh in support of our of our Cuban community and um and put out there the hope of those who came before us who died with hopes of seeing a free Cuba and never got to see that and that hopefully it doesn't end here, that they continue moving forward to restore to to to restore or bring the end, bring the end of tyranny to so many that continue to suffer in this day, this island just 90 miles away from us.

6:03:13

And so I just wanted to highlight that because you know there are so many of us that are Cuban Americans on this day is Commissioner Dominguez, Commissioner Suarez, and so many in our uh family of employees and in our community who who have seen uh and whose families have experienced the the atrocities of that government.

6:03:34

I wanted to highlight the moment because it happened while we were sitting here in these chambers.

6:03:38

Thank you.

6:03:39

Thank you, Commissioner Fernandez for mentioning that and uh for highlighting it this morning and for acknowledging the statement that I put out on on social media.

6:03:46

It's uh it's it's it's a great day in in many ways.

6:03:51

It's so difficult, like you say, where there it's an island so close to us, and to see the uh the communist regime really just destroy that country and take away the freedoms and democracies that we all deserve.

6:04:04

And we like you say, we live it every day because we all have friends and neighbors who are either from Cuba or their parents are from Cuba, and to see the pain that they have to consistently go through to live through this um this regime that has taken away so much of life and of liberty.

6:04:26

Um and hopefully one day uh soon we will see freedom and democracy return to Cuba.

6:04:31

And when you say the loss of life is the execution, literal execution of dissidents through firing squads, and that and and the way that they have allowed for for this uh form of government and injustice to spread throughout the Americas.

6:05:00

And I'm grateful that this day has come because so many, so many that came to this country, died waiting for this day to happen.

6:05:04

And the four innocent men who died over international waters trying to try to spread messages of hope, of freedom, of liberty, uh to those who were trying to escape uh that that tyranny.

6:05:20

Those families today are living a piece of justice, but justice won't truly happen until Raul Castro sprouted to the to the United States before a court to face the real justice that the Cuban people deserve.

6:05:38

Amen.

6:05:38

Thank you.

6:05:40

Thank you.

6:05:50

Wow, it's tough to go on to the next item uh after uh it's uh deep, but uh R7AC.

6:05:58

R7AC approved free fee waiver, 33,000 for Miami Business Club R7AC.

6:06:06

Thank you.

6:06:06

So this is my item.

6:06:07

Thank you.

6:06:08

We have uh Stefan and Natalia from the board of the Miami Business Club over here.

6:06:11

They could obviously answer any questions.

6:06:13

Hopefully, we're all familiar with them, and just to tee up what they're trying to do and what the importance is, and and I believe Commissioner Magazine, you made you introduced me originally to the Miami Business Club, so thank you.

6:06:24

Thank you for that.

6:06:26

Um, we are we are actively working on is bringing in good businesses.

6:06:32

Um there's a lot of capital flowing into uh Miami Beach and South Florida right now because of what is transpired here in our in our city and our region, which is not just national but international in scope, what is happening here?

6:06:45

It's uh it's an incredible moment for all of us living here right now that we are we are in many ways the epicenter of the world, and everyone you see some of the largest uh titans in finance and tech are moving here, certainly uh business hubs, headquarters or or even family offices are moving here.

6:07:05

And I mention all that because the Miami Business Club is is part of that uh migration, part of that ecosystem, and they do monthly a Miami Business Club event uh at a local, generally almost always in Miami Beach at a local restaurant or or or bar.

6:07:25

They get anywhere between 75.

6:07:27

I've even seen you get over 200 people, young professionals, um working in the South Florida region.

6:07:33

Now you started also uh a Friday's event every Friday.

6:07:37

So I I think you're contribute I know you're contributing a lot.

6:07:40

I think I I go to every one of your events.

6:07:42

I I don't I don't I try not to miss any of them.

6:07:45

Um I think it's important that uh the residents of the professionals coming see their leadership um part of part of the process.

6:07:54

At the same time, you're you're looking to bring a an event.

6:07:59

And actually, I'll have you come up and describe what you're trying to bring here.

6:08:02

And the reason why I like it is because you're trying to bring something to the convention center, which I have brought items in the past that at times we should activate our convention center more, especially at moments like on a Saturday night when it's when it's dormant.

6:08:15

But thank you, Stefan, for being here.

6:08:17

Thank you for having me.

6:08:18

I'm Stefan Ling Murph, uh founder of Miami Business Club.

6:08:22

So we do this monthly events, we bring in the local business community community, and now we we wanted to do an inaugural annual gala.

6:08:31

And as we've been working, collaborating with the city, we like to do it uh here in the convention center.

6:08:37

And we find this venue, the sunset vista room, beautiful venue in in the convention uh center.

6:08:43

And uh, you know, we find out that it's pretty costly to do it there.

6:08:48

Um we don't have a budget, it's all volunteer work, and uh we don't have a membership fee or anything like that.

6:08:55

So we're trying to do that.

6:08:58

And then uh we're gonna work with a uh charity, it's the Miami Waterkeeper, and we're working with we're gonna work with two charities, so Miami Waterkeeper will be the first one, and we are a close uh contact with one that we're probably gonna find an agreement with that we're gonna work with.

6:09:13

So there'll be a lot of donations, so the less of a fee, ticket fee we can have, the more we can donate to these uh organizations, so these charities.

6:09:22

Thank you.

6:09:25

Thank you.

6:09:25

I like to move the item.

6:09:27

I just yeah, I'm gonna turn it over to to Rick.

6:09:30

So we've been discussing with the city and and for several months, and then it seems that yesterday a slight hiccup came up, but I think we can find a way around it.

6:09:39

But I'll turn it to you, Rick.

6:09:41

Sure.

6:09:41

Um, we learned yesterday is that the policy on waivers at the convention center requires that the entity seeking the waiver be a 501c3.

6:09:51

Um Miami Biz Club is a not-for-profit, it just does not have a 501c3 status with the IRS.

6:10:00

And if the body wishes the body could waive the 501c3 requirement, uh, we could look to see later if there was a resolution that would need to be amended for these purposes.

6:10:12

Could we do a suspension of the rules to allow something like this?

6:10:18

Well, what I'm proposing is in effect that it would be a waiver of that requirement.

6:10:23

It's not just the I think it's they're they're a nonprofit.

6:10:27

They don't have a certificate yet.

6:10:30

Um I can't speak to that.

6:10:31

I will lower the question.

6:10:32

Yeah, no, we're not at 501c3, but uh we are nonprofit.

6:10:36

My understanding is you're under on the Sunbiz when you you filed as a Florida entity, you're a non-profit.

6:10:43

Yep, but you did not or have not applied for the 51c3, which is a which is a federal uh not-for-profit status.

6:10:53

Right.

6:10:53

And I don't know if we're if uh distinction makes a difference, but it's not if we're giving them money, we're waiving fees uh for the convention center.

6:11:04

And yeah, maybe you can explain something.

6:11:06

There's still significant fees that you're gonna have to pay.

6:11:08

This is a thirty-three thousand dollar week.

6:11:11

Yeah, we're looking for like around eighty thousand uh for the event.

6:11:14

So you know it will be over 110,000 with with this fee, with the rental fee.

6:11:20

So we still have a fee, and and we're not looking to make any profit from this.

6:11:23

Uh Miami Business Club will donate for charities as well if there's profit.

6:11:28

Those dynamics aside, thank you for what you do for the community, truly.

6:11:32

It's more than just the business club, it's a cultural institution as well.

6:11:36

Right.

6:11:36

I know uh one of the reasons I got involved in the city is because as a young working professional or maybe young at the time when I got involved in the city, uh I I didn't find a natural uh cultural home here.

6:11:48

And you provide that and I see it firsthand upwards, as the mayor said to 200, 250 people each time.

6:11:56

So while we have arts events or culture events and things like that, you are a version of that uh for a very, very large group of people that um it's great to get them actively involved in the community.

6:12:08

I thank you for those efforts.

6:12:09

Appreciate it.

6:12:10

Yeah, well, thank you, Stefan.

6:12:11

Thank you, Natalia, your entire board.

6:12:14

And so through the chair, if if somebody's going to move the item, it should be moved with an amendment to include a waiver.

6:12:20

I'll move it.

6:12:21

Exactly.

6:12:21

With that waiver.

6:12:25

So I have a motion on R7AC uh as amended, Commissioner uh bots, seconded by Commissioner Fernandez as amended with a waiver.

6:12:33

All in favor, please say aye.

6:12:35

Aye.

6:12:35

Aye.

6:12:36

Anyone opposed?

6:12:37

Hearing none, R7AC is approved as amended.

6:12:41

Looking forward to a great event.

6:12:43

Um I I know you're expecting over 500 people.

6:12:46

Miami Waterkeepers are one of our really outstanding uh organizations uh environmentally uh uh helping with the environment.

6:12:55

And looking forward to hearing about your uh second non-for-profit that uh you'll be a partnering partnering with.

6:13:01

And I know we just passed the item.

6:13:02

May I ask I actually didn't appreciate that just the convention center fees you'll be uh experiencing 80,000 dollars from the convention center.

6:13:12

Um let me ask you, is there a rhyme or reason why we landed on 33,000?

6:13:17

And yeah, so the 80,000 of quoting is basically food beverage and audio video, etc.

6:13:25

And so the the fee that's waived is the rental fee.

6:13:30

Space to have the space, yeah.

6:13:32

Would you be uh friendly amendment to go to $50,000 fee waivers for them?

6:13:39

I stopped short of free.

6:13:44

Any issues with that, Eric?

6:13:47

I I'll be honest, I don't know what is F and B and how much of that is actual consumables, and so uh you're again hitting me cold with waiving fees that I don't know what they're for.

6:14:03

I would just say for the rental the space is what we're looking for waiving.

6:14:07

Okay.

6:14:08

That'd be good enough.

6:14:08

That's easy because we got a quote.

6:14:10

It was 32,000, I believe.

6:14:14

Perfect.

6:14:16

Uh you know, what it may make sense.

6:14:18

Well, let's let's pass what's today.

6:14:20

I think then we can work together to see if there's uh abilities.

6:14:23

This is uh this actually been an issue that I've been working on, and Eric can attest that I've been working on for quite some time in general that we can try to bring in not for profits or uh because oftentimes we have organizations that end up going outside of our city, but they're Miami Beach based, and it's it's kind of frustrating that when you go to this beautiful charity event that has seven, eight hundred people, and we could have had it in our convention center, especially at night or on the weekends like you were talking about when it's it's not in use.

6:14:53

There's nobody using uh there's no convention Saturday night.

6:14:57

Okay.

6:14:58

I said thanks for your leadership.

6:15:00

Thanks, and thanks for bringing that up, and we'll we'll work together to try to see if there's something else we can do.

6:15:04

All right.

6:15:05

If you guys waive the uh JAF requirement for the monthly events, I'll attend more.

6:15:12

I'll be there regardless.

6:15:14

Thank you.

6:15:15

Just keep it, just keep inviting me.

6:15:16

I'm happy to join.

6:15:19

It's called R7.

6:15:23

Did we take the vote?

6:15:24

Yes.

6:15:24

Yes, we did.

6:15:25

R7G.

6:15:27

R7G is a public hearing, new lease agreement with LHANC, new daycare facility, 1245 minutes.

6:15:37

Good morning, Mr.

6:15:38

Mayor, Commissioners, Ozzie Dominguez, Division Director of Asset Management for the City of Miami Beach.

6:15:43

This is a resolution accepting the March 4th FERC recommendation, approving uh new lease between the city and Little Heaven Activities Nutrition Center or daycare at South Shore for a new 3,500 square feet location that also consists of 1400 square feet of playground area at 1245 Michigan Avenue for five years with two two-year renewal options.

6:16:05

I'll move the item.

6:16:06

Second.

6:16:08

I have a motion and uh motion by Commissioner Fernandez, seconded by Commissioner Sword.

6:16:12

It is a public hearing.

6:16:13

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

6:16:19

All in favor of R7G, please say aye.

6:16:22

Aye.

6:16:23

Anyone opposed?

6:16:24

Hearing none.

6:16:25

I'm gonna mark the mayor as a yes until I hear otherwise.

6:16:33

Yes.

6:16:39

Thank you.

6:16:43

Okay.

6:16:47

7H.

6:16:48

R78 City Commission Workshop Pilot Program.

6:16:52

Commissioner Magazine, co-sponsored by Commissioner Mateo Salinas.

6:16:56

Yeah, thank you, Mr.

6:16:57

Mayor.

6:16:57

And really this is about finding ways to make our government movement more efficient and effective for the people.

6:17:06

And I've attended every city commission meeting dating back 10 years, don't tell my boss at the time.

6:17:14

But I've always thought about ways to make our government work better for the people, right?

6:17:21

And a lot of times in the city, I think we do things just because that's the way it's always been done.

6:17:26

And I have my frustrations uh about you know how processes can work and things like that.

6:17:31

But one of the things that I really think that we miss, and this process constrains and handcuffs us in some regards, is the ability to think comprehensively.

6:17:42

Uh, what was very difficult for me to get adjusted to is not being able to talk to my colleagues just freely about many issues.

6:17:52

Uh I think a lot of people don't understand that, but because of the sunshine laws, I don't get to just brainstorm.

6:17:59

I can't say what's good with the city, what's bad.

6:18:01

And when we just legislate each month, and we all have these legislative items, and it's quite robust.

6:18:08

It's when the people's business gets done, laws passed, ordinances, uh, priorities set.

6:18:15

I don't feel as if we get to collectively just kind of brainstorm enough and think comprehensively.

6:18:22

So we do a lot of micro managing, but we lose the ability to just sit there and converse and discuss and brainstorm.

6:18:32

And where that is best served is at a macro level, right?

6:18:37

When we talk about a comprehensive plan for the city.

6:18:39

So we'll go through a hundred items per month, and while each of them have merit and importance and consequence.

6:18:46

If you look at almost every single item that we've heard today, it's on a very micro level.

6:18:52

Microcosms of small things that are happening in our city.

6:18:55

But we don't discuss these comprehensive plans.

6:18:59

And as well, our residents, they get two options to sit here and we hear from them.

6:19:06

One during Sutnik hour where your time is somewhat limited, and then another in these public discussions.

6:19:13

But again, it is in a very formalized manner.

6:19:16

Here's your two minutes.

6:19:17

Let us know what you have to say, and then the discussion turns thus.

6:19:22

So very formalized process.

6:19:24

What I am proposing is a pilot program.

6:19:27

It would almost be like a monthly sunshine meeting that we have.

6:19:31

No set agenda, uh, no set agenda here.

6:19:35

We could put agenda items on, but it's not legislative.

6:19:38

Nothing's going to be passed there.

6:19:40

Uh, and this is just all kind of like uh work in progress.

6:19:44

I'm happy for other ideas.

6:19:45

But we all go to so many different meetings, different neighborhoods, different things like that.

6:19:50

Um, but this would be comprehensively.

6:19:52

It would be citywide.

6:19:54

Everybody, any neighbors welcome to attend.

6:20:00

I think we should host it, whether it be in city hall right here, or in in large community discussion rooms, and we actually go to the community.

6:20:06

Um but really it would be adding another tool in our toolkit about how to conduct the people's business, how to think comprehensively, how to think outside the box, how to make government more efficient, and for our government to better work for the people.

6:20:20

Okay.

6:20:20

Um so I'll turn it over to some of my colleagues.

6:20:22

But you know, essentially the thought is a pilot program, one evening, one time per month for a couple of hours, that we get together, it's in the sunshine, and that we can talk just in a more informal manner without specific legislative items.

6:20:37

And we talk comprehensively.

6:20:39

We think about how to make this city better, how to make it the best place in the world, how to make our government work better for the people that we serve.

6:20:47

Commissioner, I love this idea through the mayor.

6:20:50

Commissioner Fernandez.

6:20:52

I love this idea.

6:20:53

I think the best discussions, some of the best discussions that we've had as commissioners, have not been on specific legislative action items on an agenda.

6:21:05

It's been when we've been able to have a sunshine meeting and discuss and toss around ideas and share our our concerns.

6:21:15

I I think it's great.

6:21:17

I I think it's great to your point.

6:21:19

We have a lot of items on our agenda that address a lot of the issues, but we don't have many opportunities, if any opportunities whatsoever, to really discuss the vision, the future.

6:21:34

What do we want this city to be?

6:21:37

Uh and so and so I fully support this.

6:21:41

I fully encourage it.

6:21:43

Um it's funny because I didn't re I've I've forgotten that you had this item on the on the agenda.

6:21:49

But you know, recently we had an issue where we wanted to have a discussion at the public safety and neighborhood quality of life committee meeting about an item that had not been referred, but something important.

6:22:04

And we weren't able to put the item on the agenda because it wasn't referred.

6:22:10

Um but but it was generally the same idea.

6:22:12

You know, we wanted to get an update on something regarding one of our departments and being be able to just have conversation, not take action, just be able to talk as colleagues.

6:22:22

Uh, because I think from that, when we put our collective experience and perspectives together, you know, we can come about with uh with with some great outcomes besides the individual piecemeal legislation.

6:22:37

So we all work on individually, and that's a challenge.

6:22:40

We all work individually, but few moments that we have the opportunity to come together to discuss things as one.

6:22:47

Or commissioner Mateo Salinas.

6:22:54

Yeah, I love this idea, which is why I co-sponsored.

6:22:56

Um I do feel like we miss so many good topics about our city when we sit up here because we don't have time, we run out of time, and it's this is only once a month, and there are things that come up in between that we need to discuss and we need to move on it quickly, and we don't have that opportunity.

6:23:18

So I thought this legislation was to do this every other week, twice a month, or was it just once a month?

6:23:24

I think once a month, once yeah, start with once a month, I thought, and perhaps uh uh we can discuss about the best form it'll take and we could start after summer.

6:23:35

I know with all the budget seasons and things like that, uh, but perhaps we could target uh monthly uh once per month.

6:23:42

Um it doesn't have to be as long as the commission meeting, so maybe we could do it uh in the evening, like a four or five p.m.

6:23:50

uh in the evening.

6:23:51

I don't think all of city staff has to be there, right?

6:23:54

If we know we're going to be discussing, you know what, how about the cleanliness of our streets?

6:23:59

Right?

6:24:00

It's not a legislative item.

6:24:01

We kind of get boxed in when we have to talk about things in just a legislative fashion.

6:24:05

So this is more kind of open-ended.

6:24:07

I don't want to suck up staff resources, so I don't want staff to feel everybody needs to be there at all times.

6:24:14

I I want to be efficient um in government.

6:24:17

So I'm thinking once a month, a couple hours in an evening.

6:24:21

Uh and it wouldn't be mandated, right?

6:24:24

It's just basically like an open sunshine session, and this is also a more effective way for people to come and talk to us, not just two minutes standing in Sutnik, not have your two minutes and go sit down.

6:24:36

I'm thinking collaborative back and forth conversations amongst each other and with uh probably most importantly with the staff as well.

6:24:44

Um Commissioner Wait, I'm sorry, I wasn't done.

6:24:46

Because I just I just I I would like to see this, and again, it will morph as we start this and see what kind of comes out of this.

6:25:00

But I would like to see us do, you know, maybe we talk about public transportation, or maybe we talk about, you know, we have different topics, affordable housing or whatever, and we just focus on one particular topic.

6:25:07

Cleanliness of the city, actually, you you know, or FIFA.

6:25:10

We it would have been nice to have one of these, you know, prior to FIFA to make sure we're all on the same page.

6:25:14

But I think this is a lovely idea, and uh let's see where this goes.

6:25:17

And I appreciate you bringing this up, and I think this is very necessary.

6:25:20

Thanks.

6:25:22

I promise Commissioner, uh Vice Mayor Dominguez and Commissioner Bott.

6:25:25

I have a couple of questions and comments, but I'll wait.

6:25:28

Thank you.

6:25:29

Um I too think this is a good idea.

6:25:32

Um maybe once a month might be too often because when I think about it, we are meeting for our monthly commission meeting, and then we have the commission committee meetings that we've got involved, and whether we tell staff to attend or not, they're going to be there.

6:25:48

So doing something that's after hours, it's um something cumbersome.

6:25:53

And I know that with um dear friends that I like when I make plans and we're like, yeah, let's meet once a month.

6:26:00

Once a month becomes two too much.

6:26:02

And uh so just want to set the right expectation.

6:26:07

But I love the idea and I think it's important and um look forward to participating.

6:26:13

You don't want to be one of the um I don't do the people I like I uh what are you saying, my man?

6:26:24

Like we're right here, we can hear you.

6:26:26

PJ, did you get that?

6:26:27

We're right here, Laura.

6:26:30

I love this idea.

6:26:31

Um, you know, when I was president of MBU and Monica was on MBU with me, we talked a lot about how to have these kind of open community meetings and talk about things holistically.

6:26:39

I know when we've talked over the last two and a half years, as this commission has been in paneled um or elected, whatever.

6:26:46

Um sometimes we try to get into holistic discussions and get pulled back because it's broader than the particular item, and I think we're the poorer for it.

6:26:55

Um I I um I worry I I I would like to limit the staff's um obligation to attend because they actually have families and people they'd like to see more than twice a month.

6:27:10

Um so maybe an idea might be to, as some of the colleagues have said, like pick a topic every month and we focus on that.

6:27:16

So you know, for it's transportation, maybe a couple of people show up, but not everybody show up.

6:27:21

Um but I love this.

6:27:22

I'd love to co-sponsor it with you, and I think it's a great initiative.

6:27:25

Or if we're uh thank you, Commissioner.

6:27:27

Uh perhaps if we're worried about uh staff constraints, perhaps one month we could do it during the day, and the next month we could center it more towards the evenings.

6:27:37

Um or or we could start with bi-monthly.

6:27:40

Uh I'm not very dogmatic about this.

6:27:42

Oh I just want to have an opportunity to just discuss more freely a lot of things happening in the city.

6:27:48

And the only other thing I wanted to add is no memos being prepared.

6:27:51

Like this is just a conversation on staff prep time.

6:27:54

And I would also say nothing is voted on or passed here because I think that really boxes in the can make a couple of suggestions.

6:28:03

Do you want to did you want to say something, Nick?

6:28:04

No, I was just gonna make one comment on the on the question of memos.

6:28:08

The code does require that uh that any item to be discussed, even at a workshop, be um printed in the agenda.

6:28:15

Now, it doesn't mean that a full memo has to be developed, but the items to be discussed at that meeting would need to be in the agenda.

6:28:21

Yeah, right, but nothing of substance.

6:28:23

Um, first of all, the resolution is written, it says every other month.

6:28:30

So just thought that would be my preference uh to start out with and see see how it goes.

6:28:35

I would also like to put a two-hour cap on it.

6:28:38

I I it's one of the reasons two hours, that's it.

6:28:42

I alone can talk for two hours.

6:28:45

Well that's exactly the point.

6:28:48

By the way, it probably predates everybody here, but when I was a baby commissioner about six years ago, we used to we used to have commission meetings until 11 or 12 o'clock.

6:28:57

And then the commission put on legislation that we had to end at seven, unless, as you know.

6:29:02

Which is incredible is we hear as many, if not more items, because we everyone knows there's a time clock running.

6:29:07

So I think we need a clock, whatever that clock is.

6:29:10

It's sort of like uh think about it in a basketball game.

6:29:12

If you don't have that 24-hour shot clock, teams would hold the ball for several minutes.

6:29:16

Wait, I'm sorry, do you just use a basketball analogy, not a baseball analogy?

6:29:21

You know, baseball has no well now.

6:29:22

They have a 25th clock, so thank you.

6:29:24

Yeah, if you soften to three hours, I'll provide pizza for the collective group for the first meeting.

6:29:30

Oh, sure.

6:29:36

I mean, so no votes going to happen.

6:29:39

It's just like a community meeting, right?

6:29:40

Uh a WAVNA meeting or something like that.

6:29:43

So if one of us has to leave or not even attend, it's nothing that we can't catch up on.

6:29:48

No no critical votes going to happen.

6:29:50

This is just kind of open-ended discussion type case.

6:29:53

I I would also make the recommendation that there be there'd be limited uh staff.

6:30:00

Maybe uh for example, in our budget meeting, you literally have our entire directors of the departments there.

6:30:06

And I understand that's but I think for this, we don't want to be utilizing all our all our department heads to wholeheartedly agree.

6:30:14

Yeah.

6:30:15

Okay, so we're agreeing to every other month.

6:30:18

Yeah.

6:30:19

Two and a half hours?

6:30:20

Three.

6:30:21

Let's start with you got me.

6:30:22

You got me on every other month.

6:30:25

I conceded every other month.

6:30:26

Let's go, you know, I won't push 4 30 to 7 30.

6:30:32

Yeah, let's do that.

6:30:32

That's good.

6:30:33

Yeah.

6:30:34

Up to three.

6:30:35

Yeah.

6:30:35

Yeah.

6:30:36

It at least it it crystallizes everyone to get their thoughts in.

6:30:39

And um, and are you envisioning uh specific topics?

6:30:44

For example, do you want to have a meeting that discusses specifically transportation?

6:30:50

I wouldn't want to ring fence ourselves.

6:30:52

So one, I just want to start with the urban planning of our city and take it from there, right?

6:30:57

See how it goes, what works, what doesn't, where can these changes be made?

6:31:01

And I think those discussions are incredibly critical for our city, but it doesn't fit in these nice boxes for legislation, right?

6:31:09

I I don't have this.

6:31:10

We need this for urban planning, but I do want to open-endedly discuss with our colleagues.

6:31:16

Who's the moderator?

6:31:17

Is it the chair?

6:31:18

I would say the mayor.

6:31:20

Do we need a moderator?

6:31:21

No, but just somebody like if we push themselves.

6:31:24

I'll bring the gavel on if somebody goes for the last place of pizza.

6:31:28

Yeah.

6:31:29

I would say this.

6:31:31

Some of our request discussions have been in the sunshine setting in the uh in the setting of a sunshine meeting in the conference room where we're able to sit around the table, when we're able to look at each other, when we're able to have you know that discussion.

6:31:50

Actually, it's how the commission committees used to be.

6:31:54

Um and I think that that has been some of our best most robust discussions.

6:32:02

Um and they're open to the public and meeting and minutes are are taken and um and it's all recorded.

6:32:12

Um, but there's a lot of times you see that the dialogue changes when you're sitting in chambers, when you're separated from the public, you're sitting up here, the public is down there, and um and and a lot of times people change their tone and their conversation uh because they're on camera and they're and they're being recorded on camera.

6:32:37

I would suggest um you know that we consider that.

6:32:40

The manager's conference room would be great.

6:32:43

Large conference room.

6:32:45

Plus, if you're sitting around a table, you're close enough to smack each other on the arm.

6:32:49

But I think also for the public, you know, when the public uh and residents have been here for for a long time.

6:32:56

Um I've heard from from them that they felt that sometimes meetings were more approachable or more welcoming when everyone you know was at the same level, the way that the committee meetings used used to be.

6:33:10

And I think Ralph, Ralph, you were here when back back then at the and the commissioners who are sitting around the table, and you also had the residents around the room, and everyone was at the at the same level.

6:33:22

There was not a hierarchy and a separation of of the people.

6:33:25

And I think that that really fosters really welcoming uh and engaging discussion.

6:33:33

So I move the item.

6:33:35

Sorry.

6:33:36

You guys have to have recommendations?

6:33:38

I'm not dogmatic about this.

6:33:40

Yeah, of course.

6:33:40

Okay, every other month, we'll start at 4 30 to 7 30, managers large conference room.

6:33:47

Limited staff.

6:33:48

Limited staff, no memos, other than we're having a meeting to talk about topic X.

6:33:54

Not kosher pizza, but not pepperoni.

6:33:58

Commissioner, I also had heard something about starting in the summer.

6:34:01

I think we'll start in September.

6:34:02

September, okay, starting in September.

6:34:04

So this is gonna be as amended because we need to up amend the results that's there.

6:34:09

So I have a motion by Commissioner Bott.

6:34:11

Second of uh Commissioner Suarez, R7H as amended.

6:34:15

All in favor, please say aye.

6:34:16

Aye.

6:34:17

Aye.

6:34:17

Anyone opposed?

6:34:18

Hearing none, the item is approved as amended 70 R7H.

6:34:24

While we're on the topic, we'll call R5P.

6:34:32

RFP is an order in order to mayor city commission of the city by beach forward amending chapter two of the code of the city by beach and title administration by amending article two and title city commission by amending section two-14 entitled meeting procedures and agendas to modify the lim to modify the limits on the number of referrals, discussion items, resolutions, and ordinances for a city commission meeting agenda and providing for repealer codication observability and effective date.

6:34:53

R5P is a first reading public hearing.

6:34:57

Commissioner Amateo Salinas.

6:35:00

Thank you, Mr.

6:35:01

Mayor.

6:35:02

Um so at the risk of making seven enemies up here.

6:35:05

Um I uh do believe that uh less is more.

6:35:09

And this is I'm attempting to limit how many items we all put on the agenda because the the more we have on here, the less we get done.

6:35:19

Again, the more we have on here, the less we get done, and we see that month after month after month after month after month after year after year.

6:35:26

And so I just want to emphasize um quality over quantity.

6:35:31

And listen, they're all very much needed items.

6:35:35

I know a lot of them come from our residents, but I I just want you know, I we've been legislating like this since the 80s, 70s, and I just want to look at maybe our internal practices and policies to see how we can do things more efficiently and get more done.

6:35:50

I know we want results.

6:35:52

I we all want results.

6:35:53

Um, and let's you know, look at ourselves and the way we legislate and what we put on here, and you know, if we can maybe skip an item, withdraw an item here or there.

6:36:03

Um and and listen, if if I don't get support and this uh it fails, I I'm not gonna be mad at anybody.

6:36:09

I'm not gonna not vote on your item or anything.

6:36:12

So respectfully, I'm just trying to figure out a way that we can get more done.

6:36:18

And and and I I think that that's maybe we can achieve that if we just stop overwhelming ourselves and staff with all of our items.

6:36:29

Mr.

6:36:29

Mayor.

6:36:30

Thank you.

6:36:30

Commissioner Suarez and Commissioner Bott.

6:36:33

Thank you, Mr.

6:36:34

Mayor.

6:36:34

Um Commissioner Matthias Linus, this is a much needed item.

6:36:39

I think it's a great idea.

6:36:40

I think you hit it on the head.

6:36:42

Less is more.

6:36:43

I think that really puts the onerous on us to prioritize what's best.

6:36:50

I think we will get a lot more done this way, believe it or not.

6:36:54

There's not gonna be such an overwhelming.

6:36:57

We got this much of items ever needing.

6:37:01

I think if we can cut it down to this, we can probably get everything done every meeting.

6:37:07

So I'm I'm fully in support.

6:37:09

I I think this is this is good effective government, which just what we expanded on the law on the last meeting or the sorry, the last item.

6:37:19

Um I I I fully support you.

6:37:22

Commissioner Bott.

6:37:23

I love this item.

6:37:25

I um I actually had an item that I just withdrew, I don't know, two months ago or something, um, that Commissioner Magazine was a co-sponsor on with me about doing exactly this.

6:37:35

I gave up on it.

6:37:36

Sorry, Mayor, because it never got called.

6:37:38

Um, but um I think it just got lost in the shuffle.

6:37:41

But I I'm fully, fully supportive of this.

6:37:44

You know, I we all work different in a different way, um, and we all bring our strengths to to bear.

6:37:51

My way of working is generally to try and get people in a room together administratively to try and get things done, and only once it has gotten to the point where we need commission legislative policy approval, um, then I bring it to commission generally.

6:38:04

That's how I like to operate, and I think um I think that's probably better for everybody for all the reasons stated.

6:38:10

And so I'm fully supportive of this.

6:38:11

And um is he here today?

6:38:13

Uh you know, I wish we'd done this a couple a couple of years ago, but better late than ever.

6:38:17

So go, Monica.

6:38:19

Ms.

6:38:19

Mayor.

6:38:20

Commissioner Fernandez.

6:38:21

Thank you, Mr.

6:38:21

Mayor.

6:38:22

I think I think it's great.

6:38:23

I've always supported uh policies that that sets standards and that kind of you know adapt the practices of the commission to the needs of of the time.

6:38:35

And I and I think there's uh this is this is prudent for the moment.

6:38:40

Um I do see that the policy would be able to be waived by a five-seventh vote.

6:38:52

Yes.

6:38:52

That's correct.

6:38:55

All right.

6:38:55

Um I mean, if we're gonna pass the policy, if we're if we're giving ourselves an out from the policy, you know, we're gonna it's you know I just would say if we're doing the policy, and this is where we're going, okay.

6:39:11

Let's commit ourselves to it.

6:39:12

Let's not give ourselves uh way around the policy.

6:39:17

We really are committed to this.

6:39:19

Let's commit let's commit ourselves to it so that then we can really work to make our agenda more efficient.

6:39:26

Otherwise, you know, it's easy, it's it's easy to get that five-seventh vote because we're we're gonna be courteous of each other.

6:39:34

It's it's it's a professional courtesy to each other.

6:39:37

We understand at times you know, someone may have four referrals, but they might need to put six referrals to to a committee, and we're not gonna get on each in each other's way.

6:39:51

Uh and so we in essence are baking in there what's gonna make this policy ineffective by putting a five-seventh vote.

6:40:00

And so I would just suggest let's remove that five-seventh and try to implement your policy uh of no more than four referrals to commission committee on a regular agenda.

6:40:15

I'm fine with that.

6:40:17

Second, Commissioner Magazine.

6:40:20

Uh thank you for the miss uh for this, Commissioner Miteo Salinas.

6:40:24

I wholeheartedly agree with you, very much supportive, and it's not just about us doing less is more, but it's also a lot of if not all the legislation that we do is for staff, right?

6:40:42

So we have the ideas, they're the ones carrying out the execution.

6:40:46

So I think we've gotten to a point where less is more not only for us where we can actually concentrate on on better things, but for the ability for our staff to be able to execute.

6:40:59

Well, one of my favorite quotes, uh, um just uh paraphrasing it now, uh, because I have the transcript in front of me.

6:41:05

It was Jeff Bezos, uh one of his mentors uh at Amazon came and said, Jeff, you have enough great ideas to destroy Amazon.

6:41:14

And he laughed, he said, Well, what do you mean?

6:41:16

He goes, you have to release your great ideas at the right rate, right?

6:41:21

And I think that's something that we have to come up with because we have this monthly deadline of okay, here's our agenda, let's get these items on, and we're not giving adequate time for these ideas to turn into execution, and that's how you get that operational efficiency.

6:41:41

So we have enough great ideas, maybe not to destroy Miami Beach, but to not allow it, these ideas that actually get executed to improve our city to the degree I think that it can.

6:41:53

So I think limiting some of that not only helps us, but it's going to help our staff operate and execute more efficiently as well.

6:42:00

That's uh I I like that.

6:42:02

I like that quote.

6:42:03

You've now quoted Jeff Bezos twice today, though.

6:42:05

I want to do it one more time.

6:42:07

No, I think you hit your quota.

6:42:08

No, no, I already have it lined up for uh the 5 p.m.

6:42:11

uh rate discussion.

6:42:12

So give me uh a little leeway.

6:42:14

All right.

6:42:15

Uh Commissioner Dominguez.

6:42:16

Vice Mayor Dominguez.

6:42:18

Thank you.

6:42:18

Uh so I uh like this item as well.

6:42:21

Um, but I'm hesitant about taking uh away uh being able to vote five sevenths because it's not like this item trims it, it cuts it in half, and that's pretty significant.

6:42:33

And we're a city that has many things, many moving parts, it's fast-paced, things could come up that are important, and then now you have to wait until the following month.

6:42:43

So I think we should keep the five-seventh or increase it by a little bit because it is a severe cut, it's a big slash.

6:43:00

What's the cover?

6:43:01

I think it would work the other way around.

6:43:03

A TDR.

6:43:05

That's better.

6:43:05

I I mean, if if I could just respond to that.

6:43:09

Um I think I think um number one it's gonna force us to be more selective about the items that we place on the agenda.

6:43:21

And I think also, number two, if we also stick to the rules that we already have in place, uh the regular uh resolutions that we've already adopted as to the amount of time that we all get to speak and and that type of stuff, we would be able to get through all of our items.

6:43:38

And we've already passed safeguards on that.

6:43:42

Um, and so and so I would just say if we really are putting out there that we're going to be limiting ourselves to no more than four resolutions per agenda, no more than two ordinances per agenda, and no more and no more than four referrals per agenda, um, then I think we have to commit ourselves to that.

6:44:06

Does that mean so if something goes to the planning board, let's say you introduced a referral of legislation that goes to the planning board, uh, and now that comes back.

6:44:17

Um is that new business that counts against your your uh two ordinances?

6:44:24

No, no, that would not be.

6:44:26

So this is new.

6:44:27

Placing an item on the agenda.

6:44:29

So this is this is new policy that uh that's that's coming forward.

6:44:34

Uh how about resolutions?

6:44:36

Um, because I see there's a distinction in the in the in the legislation that says it's a limit on the number of new ordinances per meeting.

6:44:48

But then when you look at discussion items and resolutions, you have a limit of four, but it doesn't distinguish between new or items that weren't reached or resolutions uh that are coming out from committee as recommendations.

6:45:04

And so written right now, how do you interpret that?

6:45:08

Sure.

6:45:09

So the language is no more than four may be placed on an agenda.

6:45:15

So if an item is coming back from committee, you are not placing it on the agenda.

6:45:20

It's coming back with a recommendation from the committee.

6:45:23

So this is maybe it should be clarified that no more.

6:45:25

We can work on the language to clarify that for uh new discussion items and new resolutions.

6:45:32

We can do that.

6:45:32

So that so that so that that's clear.

6:45:35

And previously I had mentioned that um that the um uh that the resolution uh under section D6 mentioned the waiver by a five-seventh vote.

6:45:50

I would just extend it to the uh removing it from the discussions and resolutions and ordinances so that we really then abide by the intent of what of what we're trying to reform here to our agenda practices.

6:46:09

If that's fine with the sponsor, I'm well I hear that I'd like to hear from everyone else because it sounds like Commissioner Fernandez, you're okay with removing the the five sevenths of a vote, but then Commissioner Dominguez, you're not.

6:46:26

And so, and I'm okay either way.

6:46:27

I had written this so that there would be five sevenths of a vote waiver because if there is some type of emergency item or emergency that we need to hear, um then it could be waived.

6:46:37

But I see both of your perspectives, so I'm curious to hear what other colleagues say on that.

6:46:42

I I to the mayor.

6:46:43

I tend to tend to agree with the um keeping the five sevenths in case of an emergency item, but it shouldn't be for regular business item.

6:46:51

Like, oh, this just came up late.

6:46:53

Um it if it's something that's timely and you know that everyone agrees is something of import that we should discuss, then then I think we should have an option to um to hear it.

6:47:10

Sure.

6:47:12

And so are we keeping it or are we removing it?

6:47:14

What's what are you what are you accepting?

6:47:16

Sounds like we're we have the support to keep the five sevenths vote.

6:47:20

Yeah.

6:47:20

For right excuse me, Ms.

6:47:22

Mayor.

6:47:22

Please.

6:47:23

Um, I I'd like to keep it, and I will say this is first reading.

6:47:26

So when it comes back for second reading, we can a you know think about this, see how we feel about the five sevenths and and discuss it again then for second reading.

6:47:35

But also it will be our first.

6:47:37

Well, let's try to have a test run to see if if we feel comfortable with these, if it's too slashed in terms of the items or we want to adjust it a little bit.

6:47:47

I guess some of this is what we can think about when it comes back for second reading if we decide to practice this already just to see how it feels to get a little test run.

6:47:57

I guess you could say, but I think right now we should keep in the five-sevenths of a vote until second reading.

6:48:03

Call the vote.

6:48:05

So motion by Commissioner Matil Salinas, seconded by Commissioner Suarez, as is, it is a public hearing.

6:48:10

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

6:48:13

Uh Commissioner Suarez.

6:48:17

Commissioner Fernandez.

6:48:19

Yes.

6:48:20

I'll get him.

6:48:22

Commissioner Schwares?

6:48:23

Yeah.

6:48:24

Commissioner Bott?

6:48:25

Yes.

6:48:25

Commissioner Magazine.

6:48:27

Yes.

6:48:27

Commissioner Matthias Salinas.

6:48:29

Yes.

6:48:29

Vice Mayor Dominguez.

6:48:30

Yes.

6:48:31

Mayor Minor.

6:48:32

Yes.

6:48:33

Motion carries second reading public hearing scheduled for June 24th.

6:48:36

That was item R5P.

6:48:39

R5 V.

6:48:46

R5 V is an order to the Mayor City Commission of the City by Beach Florida, amending chapter 82 of the code of the city of Bay Beach, Florida, and title Public Property by Amending Article 3 and title Use of Public Property by Amending Division 1 and Title Generally by Amending Section 82.72 thereof entitled commercial vessel activity hours of operation at publicly owned marinas by amending and refining eligibility criteria for commercial vessels, activity at public marinas and public marine facilities and providing for repeal or celebrility codification and effective date.

6:49:13

This is a first reading public hearing.

6:49:14

It is item R5V.

6:49:16

Commissioner Dominguez, Vice Mayor Dominguez.

6:49:20

So currently yacht operators have a BTR and then a number of boats under that one BTR.

6:49:29

What this item does, if there is a violation that is not public safety or quality of life related, the city manager has the ability to allow them to continue operating.

6:49:42

The way the ordinance is written as is currently any violation from any of the one vote would uh prevent them from operating.

6:50:00

So this just uh gives them makes it a little fairer because with 15 boats, 20 boats under a BTR, everyone's trying to make sure that compliance is done, but provided that there's a one-off that's not public safety or quality of life related, um they'll still be able to operate.

6:50:12

And with that, I'll move the item.

6:50:15

Second.

6:50:19

Just um, it is a public hearing.

6:50:22

Uh see no one in Zoom and I'll see no one in the audience if there's no discussion, may I call them all?

6:50:26

I yeah, I just got a couple questions.

6:50:30

But go ahead, and I'll Commissioner Suarez.

6:50:32

So can we just clarify exactly what this does?

6:50:36

Because are you saying if there is a boat owner who has 15 votes and one BTR, or is it 15 BTRs or one BTR?

6:50:47

Is that common?

6:50:49

Uh I don't know, not 15, not necessarily no, but multiple votes on a single BTR, yes.

6:50:55

So can you just go over the background again from the legal perspective?

6:50:59

Yes, it means as to how we got here?

6:51:02

No, what is what what exactly does this ordinance do?

6:51:04

Okay, so previously the city commission rolled back the success the cessation of commercial vessel activity at public marinas and public marine facilities from 9 p.m.

6:51:13

to 7 p.m.

6:51:15

And you all also established an application and exemption process whereby uh commercial operator who has no prior violations in the previous two years and has been conducting business in the city of Mighty Beach for at least two years, would be eligible to apply for an exemption to continue activity until 9 p.m.

6:51:34

each evening instead of having to stopping at 7, subject to the city manager's designees, you know, sole discretion and approval, uh, and that would allow them to do so.

6:51:42

The commissioner's ordinance is is the same thing, but it slightly expands the criteria and allows an operator with one instead of no one violation in the past two years.

6:51:52

Again, they have to have been operating previously at least two years continuously in the city to even apply for this exemption, but to allow them to apply, apply, again, subject to the city manager's discretion as to whether or not he wants to grant them the exemption to continue till nine, or they have to hear denies that they have to stop at seven.

6:52:09

And as the commissioner said, he'd look at such factors as the nature of the violation and whether it affected public safety or residents' quality of life.

6:52:16

And I'd assume if it's one of those type things, he may be more inclined potentially to decline it and say, listen, you've got to stop at 7 p.m.

6:52:22

And if it doesn't involve something that like that, it's more ministerial or administrative what their violation is, he could grant it and allow them to continue operating until till nine p.m.

6:52:31

If they were to pick up a new violation, so if an operator has the one, if this if you all adopt this and they have the one violation, they apply for it.

6:52:38

City manager grants it because it's administrative or ministerial, the one violation.

6:52:42

If they were to get a new violation, they'd be automatically revoked.

6:52:46

Unless and until the issuing authority dismissed the citations or violations, or they prevailed at final appeal.

6:52:52

So again, if you spoke pretty fast, Mark, but well you guys have a lot of people.

6:52:58

I love that about you, actually.

6:53:00

I get a lot of information.

6:53:03

So we're we're basically saying if they already have a violation, they can still apply.

6:53:07

If they have a violation, they could still apply.

6:53:09

It would be subject to the city manager's complete and absolute discretion.

6:53:12

He'd look at again the nature of the violation.

6:53:14

Did it involve public safety?

6:53:15

Did it affect residents' quality of life?

6:53:17

And he'd make a determination.

6:53:18

But allow them the opportunity to do that.

6:53:20

Right now, if you have any violations within two years, you cannot operate till nine o'clock.

6:53:24

Say that one more time.

6:53:25

I'm sorry.

6:53:25

Right now, if you have any violations in the past two years, you cannot operate till nine o'clock?

6:53:30

Nobody operates till nine o'clock.

6:53:32

Everybody stops at seven.

6:53:33

If you have no violations in the past two years and you submit an application and the city manager approves it, then you can go till nine, yes.

6:53:39

This would allow someone with one previous violation, presumably a ministerial or administrative violation, to go till nine if they apply and the city manager approves it.

6:53:49

What is an administrative violation?

6:53:51

It would be something that's not like substantive, where it's not a noise violation, where there's not like a huge conglomerate of fist fights and you know uh indecent exposures or something like that, where it's just something they didn't pay a foot pay a uh a BTR thing something ministerial.

6:54:06

Yeah, just I just want to be careful is that administration the curfew.

6:54:14

Okay.

6:54:15

Does that qualify?

6:54:17

Yeah, anything would qualify for the city manager's review.

6:54:20

And again, he's gonna look at it and make a decision because they could violate the curfew of the nine o'clock curfew and come in at 9.03 with 16 legs.

6:54:27

And they're quiet and there's no problem.

6:54:28

Meaning let's say they violated the curfew within the last two years.

6:54:32

Does this prohibit them from applying or no?

6:54:36

If they violated the curve view last year and that violation was upheld or they failed to appeal it, they could not even apply.

6:54:43

They would have to cease activity at 7 p.m.

6:54:45

for at least two years from the date of that violation.

6:54:47

Right now they're out cold.

6:54:49

This would give them an opportunity to at least apply for the 9 p.m.

6:54:52

subject to the city manager's approval.

6:54:54

And so this basically says if you had an administrative issue, like you forgot to pay your BTR.

6:55:01

Then you can okay.

6:55:03

Yeah, and it and it doesn't, it says, listen, it says you can apply if you have one violation irrespective of what it is, but it provides uh factors for the city manager to look at as to whether or not he should let them give them the exemption and let them go to line or say or deny it and keep them at seven, based upon again the nature of the violation.

6:55:19

Did the violation involve public safety?

6:55:22

Again, so we're allowing the operators to open business or see uh finish their business at nine.

6:55:31

9 p.m.

6:55:32

at public marinas.

6:55:33

If they apply for this exemption and they're granted the exemption, yes, they could continue activity till nine, it would not have to cease at 7 p.m.

6:55:39

That's correct.

6:55:39

And the only pub public marina is Miami Beach Marina, correct?

6:55:45

Uh in Miami Beach.

6:55:46

Think so, but I wouldn't swear to it is okay.

6:55:49

As I'm I don't know if through the sponsor has Sofna weighed on on this.

6:55:54

Because I don't know.

6:55:55

I I don't know if they're gonna be okay with opening the door to 9 p.m.

6:56:01

I know I I believe one member uh uh Keith Marks is is on the phone.

6:56:06

But let me comment if I may of course yeah, I'm I'm I'm concerned about this.

6:56:12

I'll tell you why.

6:56:13

Well, one, I I was the sponsor of the uh a couple of the items that limited the the charter you and I both and and then Commissioner Suarez as well.

6:56:21

So just quick history.

6:56:23

Four or five years ago we had a problem, there was no limitations, there was no, it could be 24-7, major problems, constant complaints from the South of Fifth residents.

6:56:33

So we put in the we put in the 9 o'clock uh PM.

6:56:38

It worked fantastic.

6:56:40

Then for several years, and then again the problem started.

6:56:44

So then we put on legislation that I believe you and I put on, Commissioner Suarez, to put it on until 7.

6:56:51

I guess some of the operators uh were concerned about that, worked together with us and the South of Fifth Neighborhood Association that said, you know what, if you don't have any issues, we'll keep the nine o'clock, but only if you don't have those issues for two years.

6:57:04

So now we're potentially looking to make an exception.

6:57:08

And and you know, I don't have a crystal ball, and I and and I appreciate the item, Commissioner uh Vice Mayor, but I am concerned that we had so many problems, we've finally corrected it, and whether we now open it up.

6:57:22

The second reason I don't like it, this kind of reminds me, this is going back again four or five years ago on a separate issue.

6:57:28

I remember we used to have all these, we'd have these situations with uh where we had uh certain noise violations that were in the discretion of the city manager.

6:57:38

And what would happen is the operator would potentially have a violation, and then they would call all of us.

6:57:44

And then some of us wasn't me, but some of us uh not this body, it was a different body, would call the city manager and then lean on the city manager to sort of overlook it.

6:57:54

Uh and it became a whole issue, and we had to craft legislation around it.

6:57:57

There's there was lawsuits surrounding this, and and it's not personal to the city manager.

6:58:02

I just don't want to put the city manager in that position because it puts tremendous pressure on him, not just from the operators, but from us.

6:58:08

Um and I'd rather just have a clean legislation where we don't get involved with having to make these discretionary determinations.

6:58:16

Um if I could uh give some more context.

6:58:19

So a lot of times when we bring things forward, it's because something happened.

6:58:24

We take a look at it and um make the decision to see if we can make revisions to make it better.

6:58:30

That's exactly what happened here.

6:58:32

So you've got a boat charter operator who has a BTR and a number of boats underneath uh that one BTR, because that's uh how they're operating.

6:58:44

Um the boat came back by nine o'clock, everyone was off, with the exception of the owners of the boat, and they got off at like 9.04.

6:58:53

So now because of that, it's not just that one boat that gets in trouble.

6:58:58

All of the boats under that BTR would not be able to operate.

6:59:01

And that sounds unfair for something that was an innocent mistake by the owners of the boat thinking that they could stay on longer, not realizing um that they couldn't.

6:59:15

Um so that's why when developing this legislation, uh Mark Fishman said uh or looked into it can't be public safety related, it can't be uh quality of life.

6:59:29

Um so that's where that happened because now a good operator that's been working with us for 20 years.

6:59:37

I also spoke to Sofna about this and uh John Caprio and some of the others were very much in support.

6:59:43

I also reached out to MBU and Robert Selsom said that he was in support of it as well.

6:59:49

So I didn't just put something on, I did my due diligence, and I think it's it's a good item.

6:59:56

Um and it's fair.

7:00:00

Because how can you expect a company with 15 votes because they're really at four minutes?

7:00:03

Now it it none of the boats can do it with a 20-year positive track record.

7:00:08

I appreciate that background.

7:00:10

Thank you.

7:00:11

Are you for uh I see Hernan stepped up?

7:00:13

Uh did you start are you familiar with this case?

7:00:16

Uh yeah, but I just I wanted to share it.

7:00:18

Harnan Cardino for code compliance.

7:00:20

I just wanted to share the universe is very limited at the moment for which operators would be able to come back now and make application.

7:00:29

Of 31 applications that we've had for the exemption on the hours, 25 have been approved.

7:00:35

Six have been denied for one violation.

7:00:38

And the breakout of those violations are unpermitted hours of operation three, charter advertising, two, and failure to display the required BTR decal one.

7:00:50

Well, where is where does this one fall in that the vice mayor just described?

7:00:54

This one was for hours, hours of operation.

7:00:58

Because the ordinance says the boat's supposed to be dark and all activities supposed to cease by 9 p.m.

7:01:05

Not just pulling up to the dock and beginning your unloading process.

7:01:08

Mr.

7:01:09

Mayor.

7:01:09

I think we have the Commissioner Swarr, I think we have Keith Marks on the phone.

7:01:12

I don't know if you want to open up the public comment.

7:01:14

Uh because I I'd like to hear what's it is a public hearing.

7:01:18

I'm going to call Keith Marks.

7:01:19

Go ahead, sir, unmute yourself.

7:01:25

Hi, this is Keith Marks, uh 50 South Point Drive.

7:01:30

Uh yeah, I uh Laura, I do know that uh John and you guys talked about it.

7:01:36

My concern is not I think it just needs a little refinement, in my opinion.

7:01:43

And again, the whole board hasn't discussed this.

7:01:46

But I'm concerned, like the mayor said, with city manager discretion.

7:01:53

I think we if we could define administrative, if if taxes and and code could define an administrative error on one boat out of multiple versus uh someone who comes in late, because that one of the problems that we had, and the reason we did it, is because they there are operators who had been ignoring uh the 7 p.m.

7:02:20

or in the past the 9 p.m.

7:02:22

And we said no more.

7:02:24

So I I would be okay if we could define an administrative error versus and if you wanted to call turning a boat dark administrative, but if code could determine it and keep it away from the city manager, because I know it's gonna happen, the boat owners are gonna go to Eric or Mark Taxes and they're gonna start you know uh politicking to get their exception.

7:02:52

And that uh things are working very well at the marina, it this change won't be a big issue if you just change it to administrative, but if if we have to determine what is quality of life, my God, that's you know I think we have a definition of what quality of life is, and Keith, this is um the first reading of the item.

7:03:15

How to meet with you the way I did with uh John and um Robert and some of the others to make sure that uh you're comfortable.

7:03:24

But yes, I'm fine at first reading.

7:03:26

I just think if we if we're happy with what the exceptions are to the point where the manager doesn't have to get involved, that would be really uh ideal where uh Ernin and Code could actually you know clarify this as administrative versus non-administrative.

7:03:46

I'll come out and meet with you thanks.

7:03:48

Okay, thanks.

7:03:49

Thank you, Keith.

7:03:50

So Eric, I have a feeling you don't mind not having that responsibility.

7:03:53

I I'll be honest, I'm fine either way.

7:03:55

Um I think this is a limited enough group that I think it's pretty easy to call balls and strikes.

7:04:02

Mr.

7:04:02

Mayor, how many do we think we're talking about?

7:04:05

And well, he said there was there have been six that have been remote how many potential.

7:04:13

Okay.

7:04:14

Commissioner Suarez.

7:04:15

But I don't want to lose sight of the intent of this item.

7:04:18

And and the sponsor can correct me, but this is to move it from seven to nine for certain operators, correct?

7:04:24

Okay.

7:04:24

Yeah, because look, I no Mark Mark is saying no.

7:04:27

Has nothing to do with that.

7:04:28

No, you you all have already you all rolled it back from 9 p.m.

7:04:31

to 7 p.m.

7:04:32

You all created an application exemption process to get back to 9 p.m.

7:04:36

if an operator has no violations.

7:04:38

What this is doing is it's allowing some additional operators who only have one violation in the past two years and have been operating in the city for at least two consecutive years, the opportunity to apply and get granted the exemption so they can also continue.

7:04:51

Because they because they have multiple votes under the same BTR.

7:04:55

Irrespective of how many votes, just one violation.

7:05:00

But the but the but the reason this ordinance was brought up was because of the unfair situation of that boat owner who got beyond four minutes, I believe.

7:05:06

Yeah, that was just one of many boats he owned.

7:05:09

That that's correct.

7:05:10

But again, there were 31 total applications and all and six have been denied.

7:05:14

This was one of them.

7:05:14

There's others who may have only had one vessel.

7:05:16

So irrespective of the number of boats you have on your BTR would allow the operator to apply for this exemption.

7:05:23

To apply.

7:05:27

But it's something as minor as like if you have your BTR displayed in the wrong place or it's in your other on another boat or something.

7:05:35

Like something so minor that's not and you're an otherwise good operator.

7:05:39

But my only issue is that you gotta and I'm look, I uh I feel for some of the operators there because I'm there all the time.

7:05:46

I have my boat there.

7:05:47

I know Meisner's Dream is a great operator.

7:05:50

Um and I think they got hit hard because of the you know, some of the ordinances.

7:05:55

But at the end of the day, you know, the community there, they they wanted some relief from these bad operators, and I'm okay sort of I'm okay with opening it up to possibly only good operators, but I think we need to draw the line, right?

7:06:12

They were late four minutes off the boat.

7:06:15

At what point do we say like that is a quality of life issue?

7:06:19

So maybe they were late an hour.

7:06:22

And when they got off, it was making a bunch of noise, and that that's a quality of life issue.

7:06:27

So you know, where do we draw the line of what is acceptable?

7:06:31

It's not so it may be four minutes this time, but maybe next time it's an hour.

7:06:35

I guess that's up to the city manager's discretion.

7:06:39

That's how it is now.

7:06:40

That's how it's written now.

7:06:41

Yep.

7:06:41

But I keep going back and forth.

7:06:47

Are we talking?

7:06:48

I get is this a comprehensive issue, or is it an issue that just presented itself really for one operator?

7:06:56

No, Commissioner.

7:06:56

Six six operators.

7:06:58

But those other ones, was it the same?

7:07:00

Oh man, they they were only late for five minutes, or is it across the board like uh different they each got cited for some different vi one violation per operator, but each of the six got cited for particular violations.

7:07:12

Herman could probably tell you what each of the six violations were, but some were clearly just administrative as well.

7:07:19

Right.

7:07:19

So those six, the breakdown again is the unpermitted hours of operation were three violations.

7:07:26

Three operators.

7:07:28

Were they four minutes or were they four hours?

7:07:30

You know, this was after the ordinances were passed and it was zero tolerance, and this was the Miami Beach Marina Blitz, so it didn't matter if it was four minutes or forty minutes.

7:07:41

If you were not dark by nine p.m., then that was a problem for us.

7:07:45

Uh charter advertising without the required information?

7:07:48

Two operators.

7:07:50

And then failure to display the required BTR decal one violator.

7:07:54

Okay, so at least five of the six are somewhat I don't want to say trivial, but uh not indicative of truly awful bad operators.

7:08:07

Yeah, the only thing, Commissioner, I'd like to add to that is that um because we had a problem, we we actually we went in and we went we weren't hard, it was zero tolerance.

7:08:16

If you were a minute, and we appreciate that.

7:08:19

And we wanted to get everybody's attention and send the message that we weren't playing and that if you didn't comply and you broke the rules.

7:08:26

And I think we still send that message, right?

7:08:28

I don't want to get into okay, you know what it's actually 7.45 and 745 turns in uh uh eight o'clock.

7:08:36

You know, I I don't want to start going down that on this one though, we had an operator that was back in 15 minutes before nine, and then a couple of the people just weren't off.

7:08:47

I think the owner and someone else went off the boat.

7:08:50

That was is there not a way to just kind of you not help this personnel to not piss sweeping legislation?

7:08:59

Well, we can we would still I think we could still be very um we could be very serious and and send the the message if if someone breaks the rules, we're not gonna move forward.

7:09:10

This is a look back, and the only way to be able to do it is that they did get a violation, so there's a violation there, so they're not in compliance.

7:09:17

But there's no way to help out that single situation other than passing broader sweeping legislation.

7:09:26

I mean, you all you all did pass the legislation saying no violations in the past two years, and they as Mark said, they have a violation.

7:09:33

So I don't think either Mark or Eric Cloyd or show.

7:09:38

The city manager now can take that discretion and if you if you guys gave it to them and adopted this in two readings, yeah.

7:09:44

But right now it's a zero violation.

7:09:46

But right now it's not.

7:09:47

That's right.

7:09:48

That's right.

7:09:50

Okay.

7:09:50

This first reading.

7:09:52

Call the vote?

7:09:52

Yeah.

7:09:54

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

7:09:57

Uh Commissioner Magazine.

7:09:59

It is a public hearing, by the way.

7:10:00

No one on Zoom, no one in the audience.

7:10:02

Yes, though I want to see uh be sure that you know the neighborhood association and other stakeholders are aligned with uh I know the sponsors working very closely, so as long as that continues in everybody's uh generally in support, uh continue at second reading, but yes for first reading.

7:10:18

And I just want to make sure Keith said that he was okay with this with first raising, and I'm gonna meet with him in between the two.

7:10:24

All right.

7:10:25

So Commissioner Magazine was yes, Vice Mayor Dominguez.

7:10:28

Yes.

7:10:28

Commissioner Fernandez?

7:10:29

Yes.

7:10:30

Commissioner Suarez?

7:10:31

Yes.

7:10:31

Commissioner Matil Salinas.

7:10:33

Yes.

7:10:33

Commissioner Bach?

7:10:34

Yes.

7:10:35

Mayor Minor.

7:10:36

Yes.

7:10:36

Motion carry second reading.

7:10:38

Public hearing is June 24th.

7:10:39

That was R5V.

7:10:42

R5 AI.

7:10:48

R5 AI is an order to the mayor, so the Commission of the City by the Beach Florida amending the Miami Beach Resiliency Code by amending chapter 7 entitled zoning district regulations, Article 2 and Title District Regulation, Section 7.2.16 entitled GU government use district.

7:11:01

Section 7.2.16.3 thereof and title development regulations GU by modifying the development regulations to clarify setback requirements and providing for codification, repealers of a booty on effective date.

7:11:12

This is a first reading public hearing.

7:11:14

It is on R5AI.

7:11:15

And we can call the companion item R5AJ.

7:11:21

R5AJ is an order so an order to the Mayor City Commission of City by Beach Florida amending the future land use map of the 2040 by me beach comparant to plan pursuant to section 2.4.1 of the Miami Beach Resiliency Code in pursuance of section 163.3181 section one section 163.3184 and section 163.3187 Florida statutes by changing the future land use designation for a parcel of land located at one ocean drive Miami Beach from the current designation of recreation and open space, including waterways, ROS, to public facility governmental uses PF and providing for inclusion of the comparative plan transmitter repealer servability on effective date.

7:11:58

That's R5AJ.

7:11:59

That it's a public hearing.

7:12:02

It's not 10 minutes for orders.

7:12:03

Commissioner Fernandez Thank you, Mr.

7:12:07

Mayor.

7:12:07

We often hear of applicants wanting to reduce setbacks.

7:12:50

Second.

7:12:52

Well, there is a public hearing.

7:12:55

No one in Zoom, no one in the audience.

7:13:01

Commissioner Magazine.

7:13:03

I I apologize.

7:13:04

We were speaking with uh the deputy uh chief of staff.

7:13:08

Can we just surmise that in 15 or 20 seconds?

7:13:12

Apologies, Commissioner.

7:13:13

The main purpose is to clarify and change the setback requirements for government-owned properties.

7:13:18

Yep, yeah.

7:13:19

To increase.

7:13:20

No, to decrease.

7:13:22

To actually give more flexibility.

7:13:24

Correct.

7:13:25

Yeah.

7:13:25

Thank you, Commissioner.

7:13:26

Yep.

7:13:27

All good.

7:13:27

So Commissioner Magazine is a yes vice mayor Dominguez.

7:13:30

Yes.

7:13:31

Commissioner Fernandez.

7:13:33

Yes.

7:13:33

Commissioner Bott.

7:13:34

Yes.

7:13:34

Commissioner Suarez.

7:13:36

Yeah.

7:13:36

Commissioner Matil Salinas.

7:13:38

Yes.

7:13:38

Mayor Minor.

7:13:39

Yes.

7:13:39

Motion carries the item is approved.

7:13:41

7-0.

7:13:43

Reading.

7:13:43

Second reading public hearing for both items R5AI.

7:13:46

R5AJ will be June 24th.

7:13:50

R9, R9E.

7:13:56

R9E is DRB appeal number 25-11045 685 filed by Mr.

7:14:04

Gundai.

7:14:17

Welcome aboard, Nick.

7:14:19

Thank you, Mayor.

7:14:20

Thank you, Mayor.

7:14:21

Take us away.

7:14:22

This um this appeal was first heard by the city commission at its meeting on April 22nd.

7:14:29

You heard oral argument from all of the parties.

7:14:32

Um after a lengthy discussion, the city commission deferred the item to today's meeting to give the uh the petitioner the opportunity to work out his dispute with the respondent of Lagoras Country Club.

7:14:47

Um the because we've we've heard all or oral argument of the parties, the item is properly before you today for a vote.

7:14:55

Um I would just remind the city commission that to reverse modify or remand the decision of the DRB.

7:15:00

oral argument from all of the parties after a lengthy discussion the city commission deferred the item to today's meeting to give the uh the petitioner the opportunity to work out his dispute with the respondent the Lagoras Country Club the because we've we've heard all or oral argument of the parties the item is properly before you today for a vote um I would just remind the city commission that to reverse modify or remand the decision of the DRB a five seventh vote is required but otherwise the the decision of the board would be would be upheld say that again so to reverse modify or remand the decision to the DRB a an affirmative five seventh vote is required otherwise the DRB's decision would be upheld and anyone aggrieved by the city commission's decision today could take a subsequent appeal to circuit court would require four sevenths vote to affirm and what if there is no what if there's no motion to affirm well my recommendation to the city commission would be that you take a vote either way to allow you know to allow this this uh this this dispute to be to be further litigated um but is your is your question if there is no motion to affirm but there is a motion to reverse and that fails correct well since you need an affirmative five votes to reverse if a motion to reverse is made and seconded and that motion fails the result is that the DRB's decision was upheld and would there be any sort of motion to require a four seventh vote to there's not there's no motion for a four sevens vote that could be used to because I I don't think you have from what I remember I don't think there's five votes up here to reverse but I do think that there is four votes to not agree to this the decision of the DRB but I guess we could just find out so what is our best course of action well I guess um since you know you've already heard oral argument the parties had a chance to meet my understanding is that no settlement was reached are they allowed to speak?

7:17:13

Well so it's so the the on an appeal the the city commission cannot take new evidence um if you wanted to hear an update from the parties um I won't object to that but again today should be based on the record before the DRB and I think my my advice to the city commission would be to to dispose of this appeal one way or the other I see one update the mustache where's the mayor and just consistent with what we did at at the first time this was heard I would ask anyone who is going to speak to raise your right hand and do you swear or affirm that any testimony you'll give in this proceeding is the truth the whole truth and nothing but the truth I do.

7:18:01

Thank you.

7:18:02

I do so we can't hear any new not evidence but testimony at this test was continued are we still technically can we take their I guess testimony and weigh that no any testimony would be new evidence.

7:18:23

So I mean if you want to if you want to hear anything from the parties today I would I would say uh it should be limited to an update on their discussions but other than that I would recommend the the city commission through the vice mayor vice mayor domingos would would you be willing to let them hear them out and and again my my advice would be there to give an update just on the narrow issue madam vice mayor uh of of any update since the since the last city commission hearing on on uh on April 22nd that right the last time that we met they were supposed to talk amongst themselves and potentially come up with an agreement it sounds like none of that happened correct so what we're voting on today is simply did the DRB do their job correct so so again to reverse modify a remand a five seventh vote is required and that vote would have to be based on either a failure of the board to provide procedural due process a failure to observe the essential requirements of the law or uh or or that the DRB's decision was not supported by competent substantial evidence.

7:19:28

If the city commission does not make any of those three findings then the decision of the DRB must be upheld.

7:19:34

Okay and if a commissioner needs a refresher a reminder is that what you're asking for commission I should not I I'm they're willing to give an update to the right but we should probably get an update yeah I'm prepared to start if that if that will get us off the dime is that okay madam vice mayor for me to start uh Graham Penn 200 South Biscayne Boulevard uh here on behalf of the Gorce Country Club I just wanted to introduce we we've uh Peter Hochfelder our president is here with us today Scott Robbins uh also from the club and of course my partner Michael Larkin uh as we conclusively demonstrated along with Mr.

7:20:00

I just wanted to introduce we we've Peter Hochfelder, our president is here with us today, Scott Robbins uh also from the club, and of course my partner, Michael Larkin.

7:20:07

Uh as we conclusively demonstrated along with Mr.

7:20:10

Alexander of the City Attorney's Office last month, this appeal has no merit whatsoever.

7:20:16

However, we did take the commission's directive and reach out to Mr.

7:20:21

Gundai and his counsel to discuss potential resolution of his concerns.

7:20:27

The week after the meeting, we we reached out via email to Mr.

7:20:30

Brooks, who's Mr.

7:20:31

Gundai's uh attorney to set a meeting.

7:20:34

Uh we ultimately had that meeting.

7:20:36

Now that meeting was not incredibly successful, but subsequent to that we provided Mr.

7:20:40

Gunde with a letter and and after that a set of proposed conditions that if he withdrew his appeal, we would agree to proffer to the commission.

7:20:52

Those conditions included significant substantive revisions to the plans related to the paddle courts as well as operational changes.

7:21:02

The response we received from Mr.

7:21:03

Gunde today was a recitation again of the his claims that the use itself was somehow illegal, which again, as we discussed at length last time is not within the purview of the DRB, nor the purview of this commission in reviewing that appeal.

7:21:20

The consistency of our our use of the paddle courts with with the uh with the code is within the realm of the planning director who made the determination before this application went to the DRB that it was consistent.

7:21:35

So I I'm gonna reiterate again.

7:21:38

We reached out, we worked very hard and spent a consultant time and money to try to arrive at very elaborate conditions that we would propose to reduce the impact on Mr.

7:21:49

Gundai, which he has rejected.

7:21:51

So at this point, we would ask you to the appeal today.

7:21:54

Thank you.

7:21:58

And I can provide any additional information if you're interested.

7:22:03

Mr.

7:22:04

Gunder, please.

7:22:05

Yes.

7:22:05

Um so unfortunately uh I have been reaching out to the golf club for the past uh six months, uh trying to schedule a meeting, and um uh they denied every single opportunity that we could have uh to speak.

7:22:19

Uh I sent proposals to uh change the location of these.

7:22:23

Uh I said maybe you need to shift them towards the parking area, and maybe you can even build the parking structure and put these next to them or above them, the paddle courts.

7:22:32

Uh because uh next to my home, uh I would have no view, I would have no life if you put the uh paddle courts uh right next to my house.

7:22:42

I have a beautiful view right now, it's all open, it's green.

7:22:45

Uh and it's gonna be uh like a wall.

7:22:47

It's a 10-foot wall that they're trying to put.

7:22:49

And then also uh they want to put paddle courts, they're they're gonna have these big lights.

7:22:53

Uh unfortunately, um, you know, uh those lights are really strong uh and you can't really live next to them.

7:23:00

So we I I like to ask uh everybody here to not approve uh this uh a planning board decision and reverse it.

7:23:09

Um because if we continue like this, you could also start building other things on the golf course.

7:23:15

And if you look at uh the view, I I want to give you the picture uh of what my um view currently looks like.

7:23:21

My house is right here, the red dome.

7:23:23

The red uh roof.

7:23:24

Uh it's all open.

7:23:26

Uh and the setback rules say uh by based on Miami date code, it has to be um based on Miami Date Code 3320, it has to be 75 feet, any structure that you built.

7:23:37

And paddle courts are structures, they're not just a a court like a tennis court.

7:23:42

Um that's that's why I actually presented that during the subnik hour the last time.

7:23:47

If you also look back historically, um uh there's a covenant uh on the um deeds and also on the um surveys, and here you can see that it says uh unsubdivided land and development area.

7:24:01

Uh why would they have put that on the survey uh back in 19 uh 20s uh if this was not to be uh you know abided by?

7:24:11

Thank you.

7:24:12

For the record, I have to object again to Mr.

7:24:15

Gunde's introduction attempt to introduce new evidence in this proceeding.

7:24:18

Is Mr.

7:24:19

This is what you submitted.

7:24:20

Is Mr.

7:24:20

Callergis indicated?

7:24:23

This is not a hearing where you take evidence, right?

7:24:26

The evidence that was presented in this case was in front of the DRB.

7:24:29

Any additional evidence handed out today is irrelevant and cannot be considered.

7:24:34

This is from your filey.

7:24:36

I just printed it so they have a photograph.

7:24:39

And Mr.

7:24:39

Mayor, because the the commission's decision has to be made based on the record before the DRB, nothing new can be introduced.

7:24:45

So the mayor, I just have a quick question.

7:24:48

So there's three options.

7:24:49

We well, if we wanted to make a motion to send it back to DRB, what are would it be sending it back to DRB?

7:24:56

Would it be to perverse?

7:25:00

Would it be to perverse meaning can we make a motion to send it back to DRB for a re-review?

7:25:04

So that would be a a motion to remand um a motion to remand requires a five sevenths vote and the City Commission could remand on a on a specific and let's say it goes back to DRB and it has another I guess shot at at being heard um maybe there's new evidence that gets provided and um and if it gets approved again does it come back to us or and if it if it if it gets approved can they still appeal and come back to us or is it final?

7:25:42

What is the process afterwards if if we were to remand and send it back to DRB?

7:25:49

Any uh subsequent decision by the DRB on this could itself be appealed to the City Commission.

7:25:56

Okay.

7:25:56

Yes.

7:25:57

So I think um colleagues I think I've certainly seen enough evidence to support a re-review of the DRB.

7:26:08

I don't really see an issue with uh having uh a s uh a second look at this uh so I'm gonna make that motion so that would Commissioner that would be a motion to remand correct um the in order to remand the commission would have to find that one of the three prongs was not satisfied do I have to give specifics?

7:26:30

We would the resolution will need to be specific so I I mean I think um that yeah the res the the resolution this commission's resolution would need to be specific.

7:26:41

Okay and then what are the three prongs we have to do one of them one alone would be enough to remand what are they again so you you could find um that the board's decision was was not supported by confidence financial evidence that procedural due process was not provided or that the board failed to follow the essential requirements of law.

7:27:00

Based on the discussion at the April meeting and and um and your comments today um I think your motion is that the board's decision uh as to the location of the Pedell courts was not supported by confidence evidence.

7:27:16

Which is point one right?

7:27:19

Right.

7:27:19

Yes that's that's where I was leaning toward so I mean I would that motion would require a second and a five sevenths vote.

7:27:27

Well second.

7:27:28

So and I'll say I'm not going to support that not because I like DRB's reading because I'm not going to not support it because I'm not sympathetic to your case and I I personally wish you all could come to some sort of consensus because I'm always a community builder in consensus.

7:27:52

However we have to rule within a strict criteria it's not about if we personally want you all to come up with a better solution or better design it was we have a very strict mandate when we're sitting on this quasi judicial board about whether it's not whether we agree with the DRB ruling it's about whether we find evidence that one of those three criteria were not met with the DRB.

7:28:21

We're essentially saying no the DRB didn't rule correctly for one of these reasons and not even correctly they didn't review this properly for the half an hour only and I don't after reviewing it last month and here as well I don't see any procedural this is more about a procedural did they do it or not and I don't see anything in the procedure forget about my personal feelings on the ruling because I am sympathetic to you right but from a procedural standpoint I don't see where the DRB didn't achieve all of those prongs or criteria that we have in our very tight purview.

7:29:02

You know that brings me up a good point.

7:29:04

I think remember that one of the prongs was a notice requirement correct and if I remember Gundai didn't receive a notice and I think there was electronic proof that there was no notice given and the only notice that was there was on a light poll an eight and a half by 13 red notice that would have only that that he would have only been able to see if he was somehow passing by but maybe that's another prong that we can add on.

7:29:38

The the code requires three types of notice be provided for land use board hearings one that it be posted on the property two that it became but they wasn't posted on property it was posted on a light poll.

7:30:20

Right.

7:30:20

It's not a return receipt, it's not a uh a FedEx with a tracking number.

7:30:25

It's it's it's it's proof that the notice was was mailed.

7:30:29

And um and and you heard argument of counsel that uh that the petitioner's property was on the list on the on the list of mailing.

7:30:39

So okay, so that being said, it would be just be the first prong, which was not enough evidence that the the board had before them to make the correct decision.

7:30:49

And that's a decision for the city commission to make.

7:30:54

Commissioner Baught.

7:30:55

My recollection, and everyone knows I have a terrible memory, but my recollection in our discussion last time was that there was some discussion about the impact of sound and how that was going to affect the property, and there was some discussion of it, but not sufficient.

7:31:14

There were no I don't remember what it was exactly.

7:31:17

There were no sound studies, but it was referenced in the discussion.

7:31:21

That that's not required for the design review board.

7:31:23

So what the But it was referenced in the discussion, so they were talking about it.

7:31:27

Well, the so the DRB did include conditions to mitigate the impacts of the courts where they were proposed to be located.

7:31:39

Um a sound study the way the planning board would require one is is not required.

7:31:44

So I think uh what the what the DRB the criteria I think that that are particularly relevant here are the criteria on the location of proposed structures.

7:31:57

Um but the location and sound have direct you can't talk about the location without the sound because if the location were um such that it didn't obstruct the view, but it was incredibly loud, that would be a location discussion.

7:32:11

And the the uh the inverse is correct is the same too.

7:32:14

If if the view weren't a big deal, um but you could still hear it.

7:32:18

Like you I just there's a lack of evidence.

7:32:24

There's something missing here.

7:32:26

And and I I just I can't quite I don't have it in front of me, so I can't quite get to it, but I feel like it didn't get discussed.

7:32:34

It didn't get fleshed out.

7:32:37

Fleshed out fully, and and I don't know how the DRB is supposed to rule on something where um the the location of it is going to have impacts beyond just visual.

7:32:54

Like and and uh you know maybe that's a foul uh a failure of the laws that currently exists.

7:32:59

That's a different kind of discussion, but they did bring it up.

7:33:04

The records show that they did discuss it.

7:33:06

And so they somebody was taking it into consideration.

7:33:11

And um so I I feel like they need to figure out how to go back and fix this.

7:33:17

So to to to expand upon that, Commissioner, I don't see a problem just sending it back to DRB, giving it one more opportunity, and if they then approve it again, taking into consideration all that I guess what we've discussed today, then you know we don't have a leg to stand on, at least in this situation, we give a resident uh uh a relief from many of the arguments that he's made.

7:33:45

It gives him an opportunity to hopefully resolve this at the DRB.

7:33:53

Uh because you know, I I feel for Mr.

7:33:56

Gunde, uh I certainly wouldn't want something built next to my house with a 10-foot wall, especially if something wasn't considered.

7:34:05

So I don't see the harm in sending this to the DRB for another review that we can hopefully that they make the best decision.

7:34:17

And then if it gets appealed again, then it gets appealed again, and then we could say, look, we're sorry, we've already we've already heard this.

7:34:24

You guys had two shots at this, and um, you know, that we we have to move forward.

7:34:29

Madam Visemor.

7:34:31

Fernandez, Commissioner.

7:34:33

Thank you.

7:34:34

Thank you.

7:34:35

Um I just I need one of the attorneys to to clarify for me, you know.

7:34:43

Procedural defects, notice defects.

7:34:47

Are there any indications that from the attorneys, Justin?

7:34:53

Um, you know.

7:35:00

Are there or are there not any issues before us today related to the notice or to the procedural uh uh matters in how the application was heard by the DRB?

7:35:10

So the petitioner claimed that there that he didn't receive the notice, but the the city and and the applicant's argument below was that the um the mailing labels for the the stu the the resiliency code required notice uh those those were available and uh in the record for before the DRB those were placed on the record.

7:35:34

Correct.

7:35:34

And and they're incorporated.

7:35:38

Uh by planning staff.

7:35:40

By okay.

7:35:41

Uh and uh Mr.

7:35:42

Planning Director, can you come to the podium?

7:35:47

So you're you are comf you are confirming you're confirming that the that the notice requirement was met, that there was a requirement to send a notice to the gentleman that's appealing, and that that requirement was met.

7:36:05

I should clarify that the so the person who prepares the mailing labels is actually a third party vendor and they signed the certification.

7:36:15

But but planning staff reviewed that those materials when they were approving the item to the agenda of the DRB originally and and it and his and Mr.

7:36:23

Gunde's name and address were correctly printed on it.

7:36:27

How many and I don't know if this is if I can ask this or not.

7:36:32

If I can't ask this, I I asked to be stopped.

7:36:35

How many people uh were supposed to receive this notice?

7:36:40

There were 480 property owners who were uh within the notice radius.

7:36:45

Has anyone else brought any concerns of not having received the notice?

7:36:50

There were no other uh notice defects raised as part of this application.

7:36:55

At this time I cannot support remanding this back to to the DRB.

7:37:01

I think you know we have a limited, very limited scope through which to consider this this matter, notwithstanding whether whether we feel bad for you or not, because I think you know, as a as a resident of the city, I put myself in your shoes about having having this next to where I live.

7:37:23

I wouldn't want it right next to where I l I live.

7:37:27

Uh but but we have very limited scope and criteria through which to determine uh whether whether to send this back to the DRB, and it has to be through a procedural flaw um or through or through um or through a notice flaw backed by evidence, and that doesn't exist right now.

7:37:48

So I'm aligned with Commissioner Magazine on this.

7:37:51

I don't support sending this back.

7:37:53

Mr.

7:37:53

City Attorney, um who are the arbiters here?

7:37:57

Is it the commission or who weighs in on and decides the facts?

7:38:02

Is it is it us or is it?

7:38:04

Well, the to the trier of fact here was the design review board.

7:38:08

Um but the decision maker on this appeal is the city commission.

7:38:12

So we decide if having a notice put on a light poll is sufficient.

7:38:21

So the the commission has jurisdiction the commission has jurisdiction to rule on this appeal, but it has to be if your decision must be based on these very narrow review criteria.

7:38:31

And um and and uh just based on the the discussion that I've heard, the only one of the three prongs that the that a few of you, and again, I don't know that there are five of you, but a few of you have raised is the is the issue of of evidence as it relates to the location of the structures.

7:38:47

I do not believe it is the it is the notice issue.

7:38:51

Mr.

7:38:51

Mayor, I believe we have a motion and a second to remand and send back to the DRB.

7:38:57

And Mr.

7:38:57

Brooks, the attorney for the petitioner has his hand raised if you want to consider that.

7:39:02

I also wanted to speak.

7:39:03

Mayor have a question.

7:39:05

Well, let's first hear from Vice Mayor Dominguez.

7:39:08

Um of the city attorneys mentioned.

7:39:12

Your microphone is one of the city attorneys mentioned that only one um person had complained about not having notice.

7:39:19

How many people are affected to the degree that this house is?

7:39:25

Just one or that's that's difficult to say, and it it depends on the placement of the of the specific improvements, but but there was only one objection.

7:39:35

How many walls are gonna be put?

7:39:37

How many different houses are gonna have a wall in front of their only?

7:39:41

Okay.

7:39:42

I think that's what the Commissioner Dominguez was asking.

7:39:44

Not to put words in your mouth.

7:39:46

I I was also struck the first time I heard that the notice was on the light poll and it was mailed, but there was no return receipt.

7:39:54

Somebody that's gonna have that big of an obstruction, like knock on their door is what came to my mind.

7:40:00

And and just I just have to make one point, which is the failure to of the city to receive a return receipt, that is not a legal basis to reverse the decision of the design review board.

7:40:12

Does it give uh a flaw to the delivery process which would then allow us to vote on a remand if we had the votes?

7:40:21

But I think if the if the commission is going to remand, I think it's again, I think it's on that first issue of competence financial evidence.

7:40:29

And again, I'm I'm basing this on the discussion that I've heard, but I I don't know that there are five votes for that.

7:40:36

Okay, so that's called the roll.

7:40:41

Oh, Mr.

7:40:41

Gunde.

7:40:42

Uh no, through the mayor.

7:40:44

Yes.

7:40:45

And Mr.

7:40:46

Mayor, uh Mr.

7:40:47

Brooks is on your your attorney is on, and again, we really should be hearing from Ken.

7:40:51

Let me just make a point.

7:40:52

So I have informed delivery, it's a way to get notified about the mail that's supposed to arrive.

7:40:57

I did not find this notice.

7:40:58

So that's another point.

7:41:00

So thank you so much for bringing that up.

7:41:02

I didn't have it.

7:41:03

Another point is um we were talking about procedural defects as a way for us to remant.

7:41:09

Uh there was a procedural defect.

7:41:11

Um at the beginning of the uh session, uh the city attorney is supposed to ask uh the uh audience if they have any uh ex parte communications with other parties, or if they have any conflicts of interest, and they have to uh the the board members of the board, the planning review board of the DRB have to recuse themselves of the voting process or from the comments and so on.

7:41:33

And in this case, um actually the person who is the vice chair of the um uh planning review board, from my information from what I'm my understanding is actually a golf club member.

7:41:45

So the person reviewing uh the whole case actually is a member of the club.

7:41:50

So obviously this is um another procedural defect.

7:41:53

The city attorneys did not ask, hey, is there a conflict of interest?

7:41:57

Are there any expart communications?

7:42:00

Uh that disclosure was not made.

7:42:01

So I think this is a procedural defect that is even more major uh than any of the other ones.

7:42:08

So can you speak to that?

7:42:12

Was there a bo did the city attorney's office ask any ex parte communications between the board members and the interested parties?

7:42:24

Board members have an affirmative obligation to report any ex parte communications, just as the city commission did for today's oral argument.

7:42:32

Um the the particular uh board member that Mr.

7:42:36

Gende is referring to, um I had a conversation with prior to the hearing about whether there was uh whether there would be a potential voting conflict.

7:42:48

And um and based on the the county code of of ethics and the um and the uh and the state code of ethics, um because the again the standard is will vote on the matter in order to your special private gain or loss.

7:43:04

And um and we determined that that board member did not have a conflict.

7:43:09

So was that person or the person's family a member of the golf course?

7:43:15

Um, I I would I yes, but it's a specific.

7:43:22

I'm gonna stop you there, Nick.

7:43:23

Well, we I have to do that.

7:43:24

I'm gonna stop Nick.

7:43:25

I'm gonna stop you there.

7:43:27

I don't think I don't I I think it's highly inappropriate that you have a member of a golf course who is potentially going to be expanding uh their um their golf courses, their their clubs reach and being a voting member on a on a board for that.

7:43:54

I just have to finish because and and I I I'm a little uncomfortable with this because the board member is is not here to speak to this, but um but this particular board member does not have would not have a financial obligation one way or the other based on uh her membership status, but as a result of the application.

7:44:10

So it's not always about finance, it's always excuse.

7:44:14

Pardon me.

7:44:14

I I'm sorry, Commissioner Bernard, but uh let me just finish that.

7:44:17

But it's not always about a financial um relationship.

7:44:23

There's other relationships that may cause a conflict of interest.

7:44:28

I think if you if you I think at the very minimum there should have been a recusal.

7:44:34

The the the law is that you are only required to recuse if you have a voting conflict of interest.

7:44:40

And under the state code of ethics, you have a voting conflict if the vote on the matter would enhance your special private gainer loss, and this vote did not ignore to the board members' special private gainer loss.

7:44:51

It did not.

7:44:52

And I'm and just I just want to ask about that because you know I just want to be careful about the precedent that we set is in this case it's it's a member of a of a golf course.

7:45:05

There are many different types of memberships throughout this city.

7:45:10

Memberships for sports clubs, memberships for religious institutions, memberships for social or organizations, many of which come before many of our land use sports, or at times come before the city commission.

7:45:28

And membership does not mean conflict of interest.

7:45:33

One thing is to be a member of a body of an organization where you are paying, in fact, you are paying to be a member of an organization.

7:45:43

Another thing is, let's say if you're on the board of that of that organization, well then that then correct me if I'm wrong, Mr.

7:45:54

Attorney, that's when then the state's conflict of interest comes into play.

7:45:58

Or or or if you have if you if you stand to financially benefit, if you stand to directly financially benefit from the decision that's that's about to be made, that's when the conflict of interest laws uh come into play.

7:46:16

But we're gonna be limiting pretty much you know, all of our board members, all of our board members and and and the commission itself, if we start redefining what a conflict of interest is just based off membership, is we have people who are members of St.

7:46:33

Patrick's, you know, and then and then if St.

7:46:36

Patrick's has a zoning matter going before um you know one one of the land use boards, then are people going to have to recuse themselves?

7:46:46

Or or or if you know if someone is a member of a temple and the temple has something going before one of the land use boards or before this body, then do we have to recuse ourselves?

7:46:58

That's very different than being in the governance of the organization, and certainly much more different than having a financial interest where you're gonna directly benefit from it.

7:47:09

So I would like for the city attorney uh I have the floor, I would like for the city attorney to respond on that.

7:47:16

And and and Commissioner Fernandez is correct.

7:47:18

There are extensive ethics opinions dealing with um with members of groups or organizations.

7:47:23

In this particular instance, I also want to advise the city commission that we consulted with the commission on ethics, and the commission on ethics uh determined that there was no conflict.

7:47:33

So the the board members' participation did not create a conflict of interest.

7:47:37

And and and just to let me just put let me try to reframe this in another way.

7:47:43

Or I think it could be a conflict of interest, Commissioner Fernandez, is they do pay to be in the club, and let's say that let's say that board member.

7:47:59

Say the board member voted what was was pressured just hypothetically to say you if you don't say yes, we're gonna remove you from our club.

7:48:08

Well, just it could be tacit.

7:48:12

You're bringing into question the integrity of the workers in person that's not here.

7:48:27

Something from not voting a certain way.

7:48:29

Then that's why I think, yes, if you are at St.

7:48:33

Patrick's and you're on a land use board or a temple, and there's a matter before you that's especially zoning, you should 100% recuse yourself.

7:48:40

Just remove any sort of conflict of interest.

7:48:42

Thank you, Mayor.

7:48:43

I would just I would just try Mr.

7:48:45

Mayor I really think we we just want to really shouldn't be taking new evidence at all.

7:48:49

I think we've been very commission has been very generous.

7:48:51

Last comment then we're gonna move it.

7:48:52

There's a financial gain, actually, multiple council financial gain.

7:48:55

Thank you for all the comments are using made.

7:48:58

Uh she owns two clubs, two houses on the golf course.

7:49:01

One house actually abuts uh the south side of the clubhouse.

7:49:06

If the paddle course didn't go in front of my house, they could have landed in front of her house.

7:49:12

So that is a conflict of interest.

7:49:14

Furthermore, uh there's also uh another count of conflict of interest.

7:49:19

Her son has a membership.

7:49:21

Her uh her uh husband also has a membership based on what I heard.

7:49:27

Uh and uh basically those are two other council memberships, and these memberships are valuable.

7:49:32

Uh like maybe 20 years ago they were worth 100,000 or something.

7:49:36

Now they're worth $800,000.

7:49:38

So that means you can actually, let's say you don't have any money one day, you can cash out, you know, like a ring or your membership and you can sell it to someone, it's high in demand.

7:49:47

So uh and if the golf club is built, it's gonna be even nicer.

7:49:52

So you're gonna be able to sell it even for more, and it'd be a million dollars.

7:49:54

So there's a financial gain.

7:50:00

Uh apart from that, her son is actually also a real estate agent who buys and sells properties around the golf course.

7:50:03

So there's so many counts of conflict.

7:50:06

And their financial you know, interests.

7:50:09

So I hope that answers the question.

7:50:11

So we we have a motion a second.

7:50:15

You have a motion in a second.

7:50:16

And the motion is to remand to the design review board based upon a lack of competent substantial evidence on the specific issue of the location of the of the courts.

7:50:30

Um and that requires a a five-seventh vote.

7:50:35

And what is the suggestion of what was it, the prongs you said?

7:50:40

Right.

7:50:40

So you're just what wasn't fulfilled?

7:50:42

The the that the board's well, it's up to the commission to make this finding, right?

7:50:46

But Commissioner Suarez's motion is that the DRB, the DRB's decision, again, the the part of the decision specific to the location of the Padel courts, that that was not supported by competent substantial evidence.

7:51:00

And the remand, the purpose of the remand is for the DRB to hold a new hearing on that narrow issue.

7:51:05

So just to be clear, we're not uh we're not determining that it's completely wrong.

7:51:10

We're asking to do a new hearing on the issue.

7:51:12

Well, you would you would be determining that the that the that the standard of review is not satisfied.

7:51:17

But it goes back to the DRB.

7:51:18

It would go back to the DRB.

7:51:21

Just on that point.

7:51:22

I I think Commissioner Suarez's motion is narrow to the issue of the Padel courts.

7:51:27

Uh also bathrooms and uh the process.

7:51:30

This is a motion.

7:51:32

Get control, please.

7:51:33

Um is somebody needs to be.

7:51:37

Tell us what we're ruling on.

7:51:40

Yes, you have a motion.

7:51:42

Let me just we have a motion in a second, but we want to make clear, and Nick is going to explain it to us.

7:51:46

He did once, but it'll do it again, what exactly we are voting on.

7:51:50

So again, and I'm sorry to repeat myself, but the the standard of review is again it's highly deferential to the decisions of your boards.

7:51:57

You can only reverse if you find that the board uh reverse or remand or remote.

7:52:02

Or remand or modify if you find that the board failed to support its decision with competent substantial evidence, failed to observe the essential requirements of law, or fail to provide procedural due process.

7:52:15

Any of any decision to reverse, remand, or modify requires a five-seventh vote.

7:52:21

If there are not five votes, then the DRB's decision would be upheld.

7:52:25

Commissioner Suarez has made a motion to remand to the DRB on the narrow issue of the location of the Padel courts on the basis that the board's decision was not supported by competent substantial evidence.

7:52:38

That motion was seconded by Commissioner Bot.

7:52:41

Again, this is a finding that that the city commission would have to make as a body.

7:52:45

If there are not five of you who believe that the that the that the DRB uh failed to that the DRB's decision was was not supported by compstential evidence, then the then the board's decision would be upheld.

7:52:57

Okay.

7:52:58

The memo accompanying this says the city commission must, as part of its motion, clear clearly articulate the basis of its findings.

7:53:04

Have we accomplished that?

7:53:07

I think based on Commissioner Suarez's motion, um it it the motion would be that the that that competent substantial evidence pronged was not satisfied.

7:53:18

Select the vote.

7:53:19

And for the record, I have Commissioner Dominguez making the second.

7:53:22

So I think it was bought.

7:53:25

Okay.

7:53:28

You want me to call a role by name, or you mean I think it's best.

7:53:31

I'm gonna do it alphabetically, Commissioner.

7:53:34

How are we voting?

7:53:35

So affirmative means the remand.

7:53:38

Correct.

7:53:39

A yes is to remand.

7:53:41

A no would be to affirm remand means sending it back to the back.

7:53:46

Yeah.

7:53:47

Yes is remanded.

7:53:48

Yes, correct.

7:53:50

So authentically, Commissioner Bot.

7:53:52

Yes.

7:53:53

Commissioner Dominguez.

7:53:55

Yes.

7:53:56

Commissioner Fernandez.

7:53:57

No.

7:53:59

Commissioner Mateo Salinas.

7:54:02

Yes.

7:54:04

Commissioner Magazine.

7:54:05

No.

7:54:07

Commissioner Suarez.

7:54:08

Yes.

7:54:09

Mayor Minor.

7:54:11

Yes.

7:54:15

We have five votes.

7:54:22

Let's go.

7:54:23

Next item.

7:54:23

R7 M.

7:54:32

R7M execute fiscal year 2026 sponsorship agreement, Ocean Drive Promenade Music Series, R7M.

7:55:12

Oh I move the item.

7:55:15

Second.

7:55:16

Call the vote.

7:55:16

I'm sorry, I heard a motion by Commissioner Dominguez seconded by uh Salinas.

7:55:23

R7M, if no discussion, all in favor.

7:55:27

Aye.

7:55:27

Aye.

7:55:29

Any no's R7M?

7:55:34

The music series approving it.

7:55:40

Sponsorship agreement.

7:55:42

Yeah.

7:55:44

So okay, so I have one absence, Commissioner Suarez is absent.

7:55:48

The motion is approved 60.

7:55:51

Yep.

7:55:54

Great.

7:55:54

R5AA.

7:56:01

R5AA is an order to the mayor of City Commissioner, City by Beach Florida amending Chapter 70 of the Code of City by the Beach and titled Miscellaneous Offenses by Amending Article 2 and titled Public Places by Amending Division 2 and titled Bicycling Skateboarding, Roller Skating, Inline Skating, Motorized Means of Transportation.

7:56:14

Electric Bicycle Mopets, Motorcycles, Motorized Bicycles, and Motorized Scooters by amending Section 70-66 thereof.

7:56:20

And title definition is by creating an up and amending certain terms therein and by amending Section 70-71 thereof and title enforcement penalties by amending the providing for additional penalties therein and by micro and by creating section 70-73 thereof and title responsibilities of micromobility device operators to establish certain requirements.

7:56:41

Excuse me, applicable to micromobility devices operators on providing for repeater servability codification and effective date.

7:56:46

R5AA is a first reading.

7:56:54

Hi Mark.

7:56:58

I sorry, I've uh get my head back into the micromobility game after a couple of challenging conversations.

7:57:10

This is something that colleagues at the city staff level, director of transportation, director of police uh police department, uh various folks in the police department, um code, lots and lots and lots of people have been working on to try to get us to a better place on micromobility.

7:57:32

Um it is the change that is coming.

7:57:37

I want to make sure we're focusing on this because this has taken the better part of a year to get to this point.

7:57:44

Change is coming, we are in the midst of it.

7:57:47

It is not easy.

7:57:48

Change is never easy, it's messy.

7:57:51

And micromobility.

7:57:54

It was to me as well.

7:57:56

To both of you.

7:57:57

Thank you.

7:57:58

You're gonna have to choose Rabbi.

7:57:59

No, you don't.

7:58:05

Micromobility is a great boon for our community.

7:58:08

We are a flat community, the weather is great most of the time.

7:58:11

We don't have to go big distances.

7:58:13

Um there are a lot of people who can benefit from using micromobility, whether it's a bike, an e-bike, an e-scooter, all kinds of different things.

7:58:21

The problem we are facing is that we are a built-out community.

7:58:24

We have parking constraints, we have terrible drivers in trucks and cars and motorcycles because we're in South Florida, and that is just a fact of life here.

7:58:32

So what we are trying to prevent is chaos and carnage on the road while the rest of the state and really the rest of the country catches up with us on how to operate all these devices in a manner that is safe for everybody as best as we can.

7:58:50

I know there's a lot of discussion about personal responsibility and um, you know, are we overreaching on some of our um efforts?

7:58:59

At the end of the day, it is not just about legislating what happens when a micromobility device it makes contact with either another vehicle or another person.

7:59:10

Many of these episodes happen in a way that don't even get captured by the statistics, and people get hurt anyhow.

7:59:17

Um the statistics don't include the fact that um the person might have walked away from a small car accident, but the person um who hit the person is now traumatized for life because the person on a micromobility device came zipping out, not um wearing a helmet, not doing the right things, not wearing lights at night, not obeying the laws of traffic, all these things.

7:59:43

So we are trying to put together a comprehensive legislation that addresses as many of these things as possible to make this a better um place that we can coexist to take cars off the road, to give people inexpensive, easy ways to get to where they're going.

8:00:00

PJ, if you would pull up the presentation.

8:00:04

Please.

8:00:06

You can go to the next page.

8:00:08

I'd like to thank Sarah Mario, my aide for getting a lot of this uh down on paper.

8:00:16

It hasn't passed, and it was submitted in April for the record.

8:00:20

Um it's almost a four-week rule, but that's okay.

8:00:25

Um this is just a very quick snapshot.

8:00:29

Um it is very difficult to quantify the amount of damage being done by micromobility, unregulated micromobility devices.

8:00:38

Um it's it varies from state to state, from municipality to municipality, lots of things don't get captured that constitute life-changing incidents, even if it doesn't end up in a police report.

8:00:50

Um it's just a mess right now, and that is part of the problem that we are all facing.

8:00:54

Next slide, please.

8:00:57

These are just some snapshots going back over the last couple of years.

8:01:00

Um people are dying, people are having near misses, um, people are uh it's devastating.

8:01:08

I did not submit the multiple videos that I could have submitted from doctors of people getting creamed because it's absolutely it's gross.

8:01:18

It's absolutely devastating to watch, and and that's another conversation for another time.

8:01:22

Um it's happening too often.

8:01:25

Next slide, please.

8:01:27

And this is just the tip of the iceberg.

8:01:29

You talk to anybody in a hospital setting, anybody in an emergency room, any doctor dealing with trauma, they will tell you that they will not let their kids ride these devices.

8:01:38

They will tell you that it is the biggest scourge in the country right now, preventable.

8:01:43

It's absolutely um beyond dangerous and devastating, right?

8:01:47

You know, it's gee, so sorry, this kid fell off a scooter.

8:01:51

Well, this kid now has permanent brain damage, and this is a 14-year-old who now will never be able to function properly, right?

8:01:58

So we need to think about this in a better proper manner about how we're going to how we're going to proceed as a community.

8:02:05

Um you can scroll through to the next one.

8:02:10

Again, just these are just the ones that came up quickly in the last couple of years.

8:02:15

You can go scroll to the next one.

8:02:19

Go to the next one.

8:02:20

You know, just in the last couple of weeks, um, driving north to south to get to work and back to North Beach.

8:02:26

I've seen children eight, ten, twelve years old doing wheelies in the Bay Shore neighborhood.

8:02:32

I mean, granted, this kid was wearing a uh a helmet, so that was good, but doing wheelies, riding on a wheelie, his back wheel into oncoming traffic at rush hour, zooming through the stop signs.

8:02:44

This is a child, a 12-year-old child who doesn't know better and his parents seem to be nowhere to be found.

8:02:49

I've seen a ton of kids uh between the ages of 12 and 15 in North Beach zooming around on dirt bikes on the sidewalk as if it's it's a it's uh uh a track for them to play on.

8:03:01

It is a disaster waiting to happen.

8:03:04

And if we don't get ahead of it here now, it's going to bite us in the butt.

8:03:07

And I don't think we want to be going to our friends' kids' funerals or our friends' funerals because somebody driving swerves to to get out of the way of an oncoming um micromobility rider and inadvertently hits somebody else or hits a light pole.

8:03:22

We can we can do better, we must do better.

8:03:24

The state actually, Pallahassee is convening a statewide um task force to get ahead of this on a statewide level, so hopefully they will use that for the good.

8:03:34

Uh Chief Jones is our appointee, and he will be working on our collective behalf to try to bring order to this chaos.

8:03:41

But we're not gonna wait for that.

8:03:42

We are have been working for the last couple of years, thanks to Jose and Mark and Hernan Cardeño and the police chief and his department and all kinds of other folks.

8:03:51

Marketing has been doing a great job of communicating.

8:03:53

This is just the next step in that.

8:03:55

Um these statistics are from 2017 to 2022.

8:04:01

And e-bike and micromobility devices have been uh have been increasing in their usage exponentially.

8:04:09

This is how out of date some of these statistics are, but you can already see how dramatic this is.

8:04:14

Is this Miami Beach?

8:04:16

Um, this is uh study done in University of California.

8:04:21

This is an aggregate of lots of different studies to show directional trends.

8:04:26

We don't have um for the purposes of today's discussion.

8:04:30

I don't have only Miami Beach statistics.

8:04:32

We can get them, that's irrelevant because it is a trend that is absolute universal.

8:04:37

You can go to the next page, please.

8:04:41

Again, increasing through the roof.

8:04:45

If you can go to the next page.

8:04:48

The faster you go, the worse the accents are.

8:04:51

That's not surprising.

8:04:52

Go to the next page, please.

8:04:55

This is how quickly these things are gaining in popularity.

8:05:02

What do you think about popularity?

8:05:03

How how much um how these devices are being how much more frequently these devices are being used?

8:05:11

So it's not just a handful of outliers who are using these devices.

8:05:15

They are being sold and used increasingly.

8:05:21

Now we're installing counters if they can talk about that at a in a moment.

8:05:26

But we are seeing such an uptick in incidents involving micromobility devices in Miami Beach over the last couple of years since COVID and since the adoption of these devices.

8:05:40

It's it's just it is coming.

8:05:42

It's not a question of will it come.

8:05:44

It's it's it's a tidal wave.

8:05:46

We are at the beginning of it, and it is only going to get worse.

8:05:51

Next slide, please.

8:05:54

And just I'm not going to read this to everybody.

8:05:57

You can you can read it for yourselves, but you know, talk to any doctor.

8:06:01

They would not, they will not endorse this behavior of for their own kids, and they are begging people to be smarter about it for for theirs.

8:06:12

Next slide, please.

8:06:14

You know, people look at the Netherlands and they say, oh, well, they figured it out.

8:06:18

It's so easy.

8:06:19

Um, you know, they've got protected bike bike paths and education, and it's just a cultural thing.

8:06:25

It was not a cultural thing in the Netherlands.

8:06:28

It was not a cultural thing until people took to the streets because so many of their kids were killed.

8:06:34

Think about that for a second.

8:06:36

Entire cities took to the streets and said, we are done watching the cars kill our children.

8:06:41

We're changing the way we handle this on a municipal level.

8:06:45

They instituted educational practices, they built bike infrastructure, they've done the things it takes to keep their kids from being killed.

8:06:52

And but this commissioner is.

8:06:54

I'm not done with my presentation.

8:06:56

Please finish.

8:06:57

I'm just sorry, but it just says car ownership.

8:07:01

Commissioner Bach.

8:07:02

Can I finish, please?

8:07:03

Okay.

8:07:04

Thank you.

8:07:09

It's time to face the reality that we are not going to um be able to manage this without taking steps.

8:07:17

And I don't want to go and have to have a municipal strike to prevent more kids from being killed, or more young adults, or more adults with young kids taking them to school.

8:07:28

It we need to do something to bring chaos to this to bring order to this chaos.

8:07:34

Next slide.

8:07:35

I think that might be it actually.

8:07:38

So, Mark, if you don't mind, I would like you to um come up and walk us through the legislation.

8:07:44

If you could talk to us about um the process we've taken to get here, um the robust input we've gotten from the transportation committee with bicycle advocates, with the police department, with the transportation department, um, and um we'll go through the item bit by bit.

8:08:03

Commissioner Bott, respectfully.

8:08:05

I'm not trying to be difficult, but I just I'm trying to make sense of the last slide because the last slide called out rising car ownership, not bike or scooter or e-bike.

8:08:15

Could you uh could you um put that last slide up?

8:08:21

This is rising car car ownership led to thousands of traffic deaths, including foreign 1931.

8:08:26

What does that have?

8:08:27

I mean, respectfully, I'm not I'm trying to be difficult.

8:08:30

What does this have to do with micromobility?

8:08:35

Because as um people were using cars more and people were using bikes more, there was a conflict point.

8:08:44

And so there was no order to the chaos of cars and bikes coming into conflict.

8:08:52

Cars were killing people on bikes and micromobility devices.

8:08:55

Well, bikes at the time, they didn't have e-bikes.

8:08:59

Okay.

8:09:00

Okay, yeah.

8:09:01

So I mean, with regard to just disordinance for first starters, uh, obviously this just includes various safety equipment and regulations pertaining to micromobility device operators when they're operating such devices on public rights of way.

8:09:16

Um a lot of these are in state law, although it takes a bunch of gymnastics to to get here, but they're but a lot of them are already in state law.

8:09:24

Um what it would require is uh for all micromobility device operators when operating your device between sunset and sunrise the following morning, you have to have a lamp exhibiting a white light that's clearly visible at a distance of at least 500 feet to the front and a rear red light and a reflector that's visible at a distance of at least 600 feet to the rear.

8:09:45

Uh all operators and passengers of micromobility devices must wear a bicycle helmet.

8:09:51

It's got to be properly uh fitted and properly fastened and secured to their to their head uh by a strap, and it's got to meet certain federal uh safety standards for bicycle helmets.

8:10:02

Uh the device has to be all riders?

8:10:05

All uh under 16.

8:10:07

Oh, okay.

8:10:08

Under 16.

8:10:09

So 15 or younger in effect, but under 16, yeah.

8:10:11

Uh functioning brakes capable of stopping the device within 25 feet at a speed of 10 miles an hour on flat level dry pavement.

8:10:20

Um the micromobility device cannot be used to carry more persons at one time than the device was um designed or equipped to carry.

8:10:32

No more persons at one time than the device was designed or equipped to carry.

8:10:37

And you know, it's it's in here, but just to read it.

8:10:40

The restriction does not prohibit attaching a trailer or a semi-trailer to a micromobility device if that trailer or semi-trailer is commercially available.

8:10:49

It is or is not.

8:10:50

Is if it's commercially available, you can do it, commercially available, and it has been designed for such attachment.

8:10:56

You could do that.

8:10:57

You could attach a trailer or semi-trailer to a micromobility device.

8:10:59

I say if it's commercially available, uh, and it's been designed for such attachment.

8:11:03

And we also went further in this ordinance.

8:11:05

So, you know, the commissioner, like I said, has been working a lot on all of this stuff, but got a lot of feedback, and ultimately, we have gone and done more than the state.

8:11:14

We define designed or equipped here to try and provide some guidance and designed or equipped to establish that your micromobility device can carry two or three if you have more than one person.

8:11:26

It can include such factors as the manufacturer designations and specifications when you look at the product sheet.

8:11:33

It could include extra seats that have been installed, extra sets of handlebars, uh foot pegs, the total weight capacity of the device, uh the uh length of the deck, the width of the deck, uh, and those type things.

8:11:47

So this legislation does that as a starting point.

8:11:50

There's other things we're we're looking at, but uh this is a starting point, like I said, this is this is primarily from state law.

8:11:56

Um there's also been a lot of other things, I don't know if you want Jose to talk about it, but there's been other steps and things you've done, but uh that's what this ordinance does.

8:12:04

Yeah, I I I also want to point out before Jose talks about some of the other things because um it's not this is not coming out as a bolt out of the blue.

8:12:12

Um it's a little bit delayed from the other things we've been doing because it's taken such a long time to get to this point.

8:12:18

We've tried to be very careful about this.

8:12:20

Um but this will take effect a year after a small section of this would take effect immediately, but some of the bigger things would take effect uh a year from when we pass this, which would give us time to do outreach to the community to educate them about um assistance we can provide to get them helmets, that we can uh go to schools and give them education, that we can have um traffic enforcement between now and um effective uh the the um uh uh um effective effective date of this um of this legislation.

8:12:54

The goal is not to be punitive.

8:12:56

I want to make that very, very clear.

8:12:58

Nobody's trying to punish anybody.

8:13:00

What we're trying to do is change behavior, so we're not picking people and body parts up off the roads.

8:13:06

You know, it sounds like a big uh, you know, uh a small pain in the neck, but it's you know, when it's your parent who is now not able to take her kid to school because she was knocked off of her e-device by a car, um, or she ran through a stoplight and and you know, didn't realize, or you know, whatever the friction point is, they are they are constant.

8:13:33

Anyone driving in the city now, whether you're driving a micromobility device or driving in a vehicle, I guarantee you you've seen a near miss every time you get into your car.

8:13:43

I guarantee you.

8:13:44

I guarantee you've seen flagrant traffic violations, people driving into oncoming traffic, people not stopping at stop signs, people driving through red lights, people crossing across four or five lanes of traffic into oncoming traffic because they don't think the rules apply to them.

8:13:59

So we're going to effectuate change and have a year to educate people.

8:14:04

Um at the school level, at the parents level, at the um uh HOA level, where I've got I plans to do a mailing to every single household, a small inexpensive mailing, don't worry, like a postcard, with a uh a website link so people can understand what is correct and proper and safe, because people can buy these devices off of Amazon.

8:14:28

They're supposed to go no more than 20 miles an hour.

8:14:31

You can download an app or take a screwdriver or or um uh uh do a small modification.

8:14:37

Now you're going 59 miles an hour on these devices, no lights, no requirements, no licensing requirements, and chaos is ensuing.

8:14:46

So that's why this is before us, and just to give context of what we've done so far, um Jose, if you want to go through really quickly and just give some background.

8:14:56

So thank you.

8:15:00

Um I just want to highlight a few of the key initiatives that have either been implemented or are underway as a result of the micromobility working group that uh Commissioner Bott has chaired for the past probably two years now from slice at least.

8:15:13

Um so and and all these are intended to to enhance the safety of micromobility users, bicyclists, uh pedestrians, anyone using shared use paths, sidewalks all over the city.

8:15:26

Um so we've completed the installation of signage, uh, a lot of signs along the beachwalk, the baywalk, and the cut walk.

8:15:34

It's very clear signage.

8:15:35

It basically uh tells all users to stay to their right, to follow the rules of the road, stay to the right.

8:15:42

We true a white um skip center line down the center of the entire beachwalk, all seven plus miles plus the cutwalk and the baywalk up to Fitz Street, where uh micromobility devices are actually not permitted, as as you know.

8:16:00

So there have been a lot of signs installed that uh state that no motorized uh means of transportation on those shared use paths, uh telling people to stay to the right, telling people to slow down as they approach a curve.

8:16:15

We actually walked the entire beachwalk.

8:16:18

Uh part of that was on a gator, part of that was on a on a bike, part of that was walking, and uh areas that had uh dangerous curves or sight line issues we addressed through either signage or legislation that requires the abutting property owners to trim the shrubs uh along the bay uh beachwalk particularly, and there's been uh significant improvement in that regard over the past uh several months.

8:16:43

Um Joseph I can interrupt you for a quick second.

8:16:45

Um Julio Blanco is like our poster child, uh poster boy for the um the beach walk.

8:16:50

He's not here today, but um the the number of infractions have gone down significantly just by putting these clear guidelines in.

8:16:58

So everybody knows the rules of engagement.

8:17:00

Um there are still offenders.

8:17:02

I mean, Julio was taken out by somebody who um literally ran him over on his e-bike and Julio broke his elbow and was out for a few weeks.

8:17:11

Um so it's not perfect, but the number of tickets and and violations or just stops to educate people has have gone down significantly through um the beach walk, which was our first kind of test case.

8:17:23

So we know this is effective.

8:17:26

And and so one of the things we noticed early on is that we really didn't have a lot of data in terms of usage.

8:17:33

Uh and in terms of uh how many micromobility devices versus bicycles versus pedestrians were using some of these uh critical shared use paths in the city, including the beachwalk.

8:17:45

So we've installed counters on, we've installed 11 counters uh along our bicycle lanes throughout the city.

8:17:53

Those counters distinguish between bicycles and micromobility devices, and then specifically along the beachwalk, we're in the process of installing six sensors that can detect um also the difference, you know, whether it's uh micro, whether it's a scooter or a bicycle or a pedestrian, and and the speed as well, digital speed feedback signs are being installed along the the beachwalk they've been programmed yes through the vice chair.

8:18:25

The vice mayor, if you don't mind, can you explain how do they just determine if it's a bicycle or an e-bike?

8:18:32

Yeah, because it's it's sometimes it's part of it's hard to tell.

8:18:35

It's it's based on the specifications of the device and the the wheelbase, because there's there's sensors that are placed on the pavement, and depending on the the distance, it it can tell whether it's a uh scooter or a bicycle.

8:18:55

It's basically no big.

8:18:56

I'm saying you have the does this tell the difference between an e-bike and a bicycle.

8:19:02

Between an e-bike is a micromobility device.

8:19:04

Well, technically they're all micromobility devices, but this is a battery-powered micromobility device versus a bicycle.

8:19:11

Does it does that technology exist?

8:19:14

So that I'm not sure, Commissioner.

8:19:16

Um I'll find out now in a second.

8:19:18

I I know that there's still some.

8:19:21

I know it's easier to say if it's a scooter or a bicycle.

8:19:25

Correct.

8:19:26

But between an e-bike and a regular bus, I'm not sure, but I'll find out.

8:19:29

I I would imagine it also depends on the style of the e-bike because some are built heavier and different from a bicycle, like you can tell.

8:19:35

But but regardless, not that this is not an important conversation, we can just take it offline because those are already installed, those are already happening.

8:19:42

So that's separate.

8:19:43

Right.

8:19:43

I just want to be mindful of the data that we get to say, like if there's uh you know assumption made that there's this many micro-mobility devices.

8:19:52

Because I know some road bikes that are just you know push pedal, they can go 30, 40 miles per hour.

8:19:57

Well, and and this this applies to all of the the devices.

8:20:00

So it's not just if you're an electrified um bike, it's it's a bike.

8:20:05

People need to be operating these vehicles safely.

8:20:08

And so we are distinguishing uh between what you can and can't do.

8:20:12

And so I I hear your concern we can get into that.

8:20:15

Yeah, I just want to make sure we're that it's nuanced when we get that information.

8:20:19

Okay, so please.

8:20:21

And then some um educational efforts as well.

8:20:24

We developed a flyer that has all the rules where uh micromobility devices are allowed, where they're not allowed.

8:20:32

Um different uh different regulations that currently exist around the cities depending on the type of path.

8:20:39

Uh and um conducted a micromobility town hall sponsored by Commissioner Bott.

8:20:46

This was in September of last year.

8:20:50

And uh other similar, either educational efforts, enforcement efforts, engineering efforts, uh to try to just uh raise awareness and improve the safety of the users, all users really on these facilities through the vice mayor.

8:21:09

Um and Commissioner Bottle thanks.

8:21:13

Um just I want to just go over some of the the pillars of of this legislation.

8:21:18

Um I think it's I think it's pretty common sense to require that all scooters should have a white light on, okay, and um proper braking, of course.

8:21:32

I think where I think we really have to think about this is what is enforcement after year life?

8:21:41

Because if you have kids going to school, you know, that's like five blocks away, they're on a scooter and they don't have a helmet.

8:21:50

Are we really gonna want police officers pulling them over and giving them a ticket?

8:21:55

So can we have um uh Chief Jones come over, please come up.

8:21:59

This is something we've talked about at great length.

8:22:02

The goal is not, and I said it today, I've said it before, talked about it at the Transportation Department uh Transportation Committee at length.

8:22:10

The goal is not to be punitive, and officers have the discretion to stop and engage and educate versus stop and write a ticket.

8:22:19

Now, if you are going to be a total, I think the technical term is jackass and be violating traffic rules and riding in an unsafe manner and doing wheelies and right going in and out of traffic, that might get you an actual violation.

8:22:35

If you're a 12-year-old on your scooter and you don't have your helmet, there might be an officer, he's not gonna chase you down, but you know, might be standing there at the school zone and say, hey, remember you're supposed to have your helmet, make sure you wear it next time.

8:22:46

I think that is part of the educational process.

8:22:49

In the Netherlands, in other countries besides the Netherlands, they actually have part of the school curriculum, an education process.

8:22:56

I if I remember correctly, it's it's at two different points.

8:22:59

Um, but it's certainly at one point where you cannot graduate a certain grade level without having passed um safe rider classes uh on your bike or your scooter.

8:23:08

And that is because it is so important to your well-being as a human being to not fall off and hit your head or not get creamed in oncoming traffic.

8:23:18

So that is that's what we are going to be doing.

8:23:20

I know we have um thanks to Andres Acion, a fleet of uh six new e-bikes that are going to be used throughout the city.

8:23:27

We've identified with the police department um some hot spots where we've got people not children, generally adults who should know better who who ride in very unsafe manners that we are going to be um putting up sort of um um, uh, just putting up putting up um uh not roadblocks, but having officers stationed there to be able to educate people like we did on the beachwalk.

8:23:56

And so again, it's not punitive.

8:23:59

It is not punitive, it's about the education.

8:24:01

And I and I and I get it, and respectfully, I'm just having a dialogue here because you know I'm I'm gonna be probably I'm just venture to say I'm gonna be the one here just trying to really work through this and I want to work with you on this.

8:24:15

It's I understand it's not punitive, but at the end of the day, if the officer's discretion is to write a fine to a 14-year-old going to school or 15-year-old, because that kid, I don't know, doesn't you know wanna obey the law, or just says, you know what?

8:24:33

I I I don't want to I don't want to have something like TV.

8:24:40

Um I don't I don't want to see a cop right now.

8:24:42

I don't want to get pulled over, and then they run away.

8:24:46

There's all sorts of reasons why a 15-year-old child may not want to get pulled over, or the discretion of the cop is to say, you know what, I've seen this kid not wear a helmet five times, you know, riding his bike or riding a scooter to to Miami Beach Senior High.

8:25:08

I don't I don't I don't know if I feel comfortable with that.

8:25:11

I also don't feel comfortable.

8:25:12

And again, this is assuming after our education period, a year, we have all the sorts of information that we work with the school board on.

8:25:23

I'm thinking two, three, four years down the line.

8:25:26

I don't know if I feel really comfortable with police officers pulling over you know 15-year-olds on a bike because they're not wearing not wearing their helmets and giving them a citation.

8:25:35

I I just I I don't know.

8:25:37

I mean, I think what would you say if you saw a 15-year-old um spraying graffiti on a park bench or in a wall.

8:25:44

But that's there's a difference between doing something illegal.

8:25:47

This is illegal.

8:25:48

This is illegal.

8:25:49

It is illegal.

8:25:50

It's it's in the state laws.

8:25:52

Well, is it a state law to not wear a helmet on a on a bicycle?

8:25:57

On a micromobility device if you're under the age of 16, yes.

8:26:03

So then why are we codifying this at the city level?

8:26:06

It makes it much easier for enforcement for us to have our definitions here to have it in our city code.

8:26:12

Uh just to not have to do mental gymnastics and going to the state law for bicycles and then extrapolating to electric bikes.

8:26:18

Right, and look, I I respectfully, I I totally understand the intent.

8:26:21

I I think you're coming to this from a really good place.

8:26:24

But and it comes from a very maternal place where you know we're both parents and we both care.

8:26:31

I'm just saying the unintended consequence is that you're gonna have police officers pulling over teenagers for not wearing a helmet.

8:26:41

And I don't know if I feel comfortable with that.

8:26:45

And then don't support it.

8:26:49

I mean, it's against the law currently.

8:26:52

I understand.

8:26:53

And but you know, but we but the police, you know, right now, we I I don't think the the best use of resources is going after teenagers not wearing a helmet on the scooter.

8:27:06

And let me finish with that, and respectfully.

8:27:08

There are a lot more dangers to teenagers in Miami Beach than them riding a scooter or an e-bike, not a helmet.

8:27:19

You know, if I might just to that point, I don't think that the police officers are police officers are going to pull over a kid for not wearing the helmet unless the kid is doing other things that are egregiously dangerous.

8:27:35

I think that we have to trust our officers who do have better things to do, to look out for the well-being of their residents when there is um unsafe behavior.

8:27:46

Is it not great for a kid who's 14 or 15 years old to not be um wearing the helmet?

8:27:53

It's not great.

8:27:54

Is it not a huge deal?

8:27:56

But and so they'll let it slide, or maybe just call them over and say, you know what, you get need to get your helmet on.

8:28:02

Not you know, that's one thing.

8:28:04

If that kid is popping wheelies and zooming in and out of traffic as if the laws don't apply to him, that's a different conversation.

8:28:10

And that's the behavior we're trying to effectuate with change.

8:28:15

The three or four years from now, if this goes properly, we won't even be having this conversation.

8:28:21

But I don't think a helmet mandate is going to prevent bad behavior on the road.

8:28:27

It's currently it's currently the state law.

8:28:31

Yeah, no, I get it, but the argument you're saying is that if we have if we mandate a helmet requirement for under the age of 16, they're not gonna pop wheelies or go against traffic.

8:28:40

That's not what I'm saying at all.

8:28:42

I'm saying that it often goes part in parcel.

8:28:45

I mean, we saw kids, I I see kids, I must have seen four or five this week alone, who were wearing helmets and who were popping wheelies and going in and out of of cars um into oncoming traffic.

8:29:00

The helmet for those kids, it's the least of it.

8:29:02

It's the least of it.

8:29:04

So it's it's these are all things that are going to work in concert.

8:29:07

Would you be okay with a possible mandatory warning per individual?

8:29:18

Even after the education period where a police, you know, and we have it codified so that there is no gotcha, you know, because we have residents move in, you know, all the time who are gonna be coming in beyond the education period and who may not know that there's a lot of people.

8:29:35

I would I would put it this way.

8:29:37

I would encourage the officers to first go with a warning.

8:29:41

And if there is some kind of um you know, the way when you get pulled over for a traffic stop.

8:29:47

If you if you you know hand over your thing and you have a conversation, they're like, you know, you're driving like an idiot, please don't do that again.

8:29:54

They have the ability to do that.

8:29:55

If you have an attitude and you get all testy, then you get the ticket.

8:30:00

So I I would defer to the officers, and there's going to be training involved, and I think we say, you know, where wherever appropriate, let's give a verbal warning.

8:30:09

And when people, if people are recalcitrant in their in their attitude and and don't try to understand what the deal is.

8:30:16

I mean, the normal response is, oh, gotcha, I'll I'll make sure that happens next time.

8:30:22

I just want to be able respectfully if it's possible to put in writing or in the in law that there has to be a warning first per individual.

8:30:31

You know, the last remember we're dealing with individuals whose brains fully have fully formed.

8:30:39

All the more reasoning, my friend.

8:30:41

And for one reason or another, they may get into disagreement with a police officer pulling them over and end up like you said, be a jackass.

8:30:52

And that cop was, you know what?

8:30:53

You're a kid, you're a jackass, I'm gonna write you a ticket.

8:30:56

I just want to avoid that situation.

8:30:58

I think it solves the problem.

8:31:01

You get a one-time warning after that, there's no more warning.

8:31:04

But I would like to at least codify the fact that our residents get a warning.

8:31:08

How about this?

8:31:09

This was first reading.

8:31:10

Let me go back with the team and have a conversation with them and and see how we come back for a second reading.

8:31:17

I'm okay with that.

8:31:19

I mean, just to put things in context, um, we have other states that are holding parents accountable for the actions of their kids.

8:31:29

Sending parents to jail because their kid has caused mayhem.

8:31:34

And so we're not there yet, but we could be.

8:31:36

So I'm I'm suggesting let's do all the things that we can do to make it easier to educate our our residents.

8:31:42

And you're right, people move in and out all the time.

8:31:44

So I think it's not going to be a terrible idea to have for the next few years at least, until this is common practice, you know, a small size postcard saying, you know, just a reminder, here's how you use these devices, here's where you get more information.

8:31:56

If you want to talk to you know, a police official to learn how to do it in the safest manner possible, we're here to help.

8:32:02

I you know, so I think there's a lot that we can do to make sure that we give everyone the benefit of the doubt.

8:32:07

But at the end of the day, we do not want to be picking pieces up of children or parents, or anybody from the from the road, nor do we want the trauma of somebody who did not see the kid or the the 25-year-old coming out of nowhere with no lights, no helmet, and now the driver has PTSD or has ruined his or her life because he inadvertently or she inadvertently hit somebody.

8:32:33

Yeah, and I think the intent is for education, right?

8:32:36

Yes.

8:32:37

Um what I'm saying is I think a warning, a part of the process is a warning part is is the education period, and then the enforcement comes after that.

8:32:49

And that's what's in here.

8:32:50

That's literally what's in here.

8:32:51

We have a fully.

8:32:52

But I'd like to I'd like to mandate a warning before any sort of fines be given to the teenagers.

8:32:59

Which you just agreed to, let us work on that between first and second, see how we can um make that work for everybody and see if that's doesn't um negate what we're trying to do, because I don't know if it obviates then the state laws.

8:33:11

I I don't know because we haven't discussed that.

8:33:13

So let us work on that.

8:33:15

But um, you know, let if my colleagues, any of the other colleagues have comments, I'd love to hear them, otherwise I'll move it.

8:33:22

Oh I'll say this at the beginning of this item, and I'll through the vice mayor.

8:33:30

Thank you.

8:33:31

At the beginning of this item, you know, I think parents have responsibilities over their children, and if you're letting your kid out of your house without a helmet, that's a lot of your responsibility.

8:33:47

However, in this dialogue, what I didn't realize is that this is already the state law.

8:33:54

And that we are in fact codifying what already exists in the state, and that failure to codify this makes the process more difficult for our police officers.

8:34:08

And that's the my takeaway from you, Mark.

8:34:10

Is that correct?

8:34:11

That's correct.

8:34:12

Uh Chief, you're standing here, your officers are the ones who uh who are responsible for enforcing this.

8:34:21

Um much more difficult is it having to go through the state law as opposed to a municipal regulation?

8:34:29

It certainly makes it much much easier, Commissioner.

8:34:31

What does it say?

8:34:32

Certainly makes it much much easier for police officers to enforce.

8:34:35

And does it does it save time?

8:34:37

Yes.

8:34:38

Okay.

8:34:39

Um so to the extent that this is already being enforced, and we can make the process easier for our police officers, and we're not the ones that are changing the law.

8:34:51

The this is gonna this is enforced one way or the other, is it's the avenue of enforcement that we're providing.

8:35:00

You know, do they go into one set of books through the states and and flip through that trying to find that regulation, or do they go through something that they might be easier to navigate uh as as our code?

8:35:11

So with that, I'm I'm fine supporting this uh because that is my takeaway.

8:35:17

We're not creating the law, we are simply adopting the law to make the the work easier for our police officers.

8:35:26

Thank you, Mr.

8:35:27

Mayor.

8:35:30

Thank you.

8:35:33

Uh need a second.

8:35:34

I'll second.

8:35:36

Uh uh it is a public hearing.

8:35:38

I have one individual in Zoom requesting to call uh to speak.

8:35:42

Uh call in user seven as a screen name.

8:35:45

Please identify yourself.

8:35:46

You have two minutes.

8:35:53

Hi, good afternoon.

8:35:54

My name is Matthew Goltanoff.

8:35:57

And uh I was here earlier today for this item, but unfortunately I had to leave um to pick up my children from school.

8:36:04

But I want to start out by I want to thank uh the sponsor, Commissioner Tanya Bott.

8:36:08

I know that she's been working on this for a long time, and uh she has taken input from many different uh stakeholders in the community, including those that uh advocating for uh greater bicycle and micromobility access and um infrastructure throughout the city.

8:36:27

So I want to thank her.

8:36:28

She has uh had an open mind, she has massaged some of the language in here to remove some of the friction that was a concern because as many of you know, micromobility and bicycles are growing amongst our neighbors and becoming a very um extremely important mode of transportation for many people in the city from all different walks of life.

8:36:51

Uh so I think that definitely this uh this legislation has gotten to a place where it's uh of less concern than it was initially when it was first proposed.

8:37:02

So I do uh appreciate that.

8:37:04

Um thing I want to say though is that uh one of the I think one of the big concerns we hear about people riding really fast, etc.

8:37:13

That is a different item.

8:37:15

It's e-motors or electronic motorcycles or electronic dirt bikes.

8:37:19

And generally speaking, uh those are not legal today to ride on the streets.

8:37:25

Uh just a little uh story here.

8:37:27

One of my neighbors, I saw uh a bike that a kid was riding.

8:37:30

I looked it up, and the motor on there is 11 times more powerful electric motor than the motor on my bicycle.

8:37:37

And for those that have seen it, my bicycle is equipped and designed to carry passengers, equipped to design carry two children, actually.

8:37:45

Uh and yet there are some children that are riding bicycles that are 11 times as powerful as that.

8:37:51

So that is something that can be addressed today.

8:37:54

E-motorcycles uh throughout the city.

8:37:56

And thank you.

8:38:01

Our next caller is Karen.

8:38:03

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

8:38:07

Thank you.

8:38:07

It's Karen Rukis again.

8:38:09

Thank you very much for this opportunity.

8:38:11

Um, as an occupational therapist, I used to work on neurosurgery and would see many individuals, both adults and children who've had serious brain injury as a result of a car accident where the structure of your car protects you.

8:38:25

When those people are on motorbikes or these sorts of uh mobility devices, of course, their injuries are far worse.

8:38:31

They're lucky to regain consciousness if they hit their head.

8:38:35

But let's look at the various jurisdictions and what they mandate for helmets.

8:38:39

For instance, Austria, helmet required for children up to 12, Croatia, how met required under 16, Estonia under 16, France, helmet uh mandatory under 12, Israel, helmet mandatory for under 18 on interurban roads, Latvia under 12, Malta under 10, Slovakia under 15, Slovenia, Spain, I can go on, Sweden, helmet required under 15, South Korea under 13, Canada, you know, various uh provinces, but most of them are under 18.

8:39:12

I'm just saying when you start to examine other jurisdictions, there's a reason why they have helmet laws and it reduces health care expenses and more so reduces agony and suffering of not only the child but the parents, the family, the siblings, etc.

8:39:28

So I strongly encourage helmet wearing for uh children uh and even for adults using these devices that are speeding down our roadways uh and sometimes packed with uh multiple passengers on these small scooters.

8:39:43

So anyway, thank you for your time.

8:39:46

Thank you.

8:39:47

I see no one else in the audience requesting to speak.

8:39:50

Would you like me to call the role?

8:39:57

Call the roll?

8:40:00

Motion by Commissioner Bott, seconded by Commissioner Suarez, Commissioner Magazine.

8:40:03

Yes.

8:40:04

Commissioner Fernandez.

8:40:06

Yes.

8:40:06

Commissioner Suarez.

8:40:08

Commissioner Mateo Salinas.

8:40:10

Yes.

8:40:10

Vice Mayor Dominguez.

8:40:12

Yes.

8:40:12

Commissioner Bott.

8:40:13

Yes.

8:40:14

Mayor Minor.

8:40:15

Yes.

8:40:17

Second reading public hearing schedule for June 24th.

8:40:20

The motion passes.

8:40:20

That was item R5 double A.

8:40:25

Thank you, Commissioner Bach.

8:40:28

Call the boards and committees.

8:40:30

Yes, sir.

8:40:32

Everyone should have a blue paper with them.

8:40:37

There are for every nominee, there's one seat, so there's no competition.

8:40:44

Second.

8:40:45

Of a motion by Commissioner Fernandez, seconded by Commission Vice Mayor Dominguez.

8:40:52

All in favor, please say aye.

8:40:53

Aye.

8:40:54

Aye.

8:40:54

Any opposition?

8:40:56

Hearing none, all the appointees are made.

8:41:03

That was item R9B.

8:41:09

Let's call C7AI.

8:41:16

C7AI is more C7AI's moratorium on adoption of ordinances to increase water, sewer, storm water rates.

8:41:24

C7i AI was separated by.

8:42:03

Not before us, but the item in question.

8:42:14

And to preclude us from even having the discussion before we've had the discussion.

8:42:24

That's why I pulled it.

8:42:25

Mr.

8:42:26

Mayor.

8:42:26

Commissioner Fernandez.

8:42:28

Thank you.

8:42:28

And I just want to make sure that we are clear about what the item does.

8:42:32

The item doesn't prohibit discussions.

8:42:35

I'm not sure where where we're in the item and mentions discussions.

8:42:40

I think when we look at the title speaks to the adoption of ordinances.

8:42:45

And this body certainly is very much able to engage in discussions, the way that it has been engaging in discussions, whether it be at the finance committee or the budget retreat that was held, or whether it be the robust discussions we've had on this day is as recently as our as our last meeting.

8:43:09

But what this is speaking to is realizing and understanding the fact that it's very expensive to live in Miami Beach right now.

8:43:40

Residents living on fixed incomes on social security checks.

8:43:51

That today are facing increasing insurance costs.

8:43:55

They're facing increase in assessments.

8:43:59

They're having to meet reserves.

8:44:38

We're very capable to have those discussions.

8:45:00

How do we how do we move millage within the tax bill as Commissioner Suarez has proposed so that so that when we tax our residents, we use and we prioritize those dollars on the infrastructure, and we don't go back and build them now a second time on something that could end up costing our residents over a thousand dollars a year in increases by by 2037.

8:45:20

And this is concerning because year after year after year, it's becoming more difficult for our long-term residents to live in our city.

8:45:31

And we love to speak about the wealth that moves to Miami Beach and the billionaires and the celebrities and the high-end restaurants and uh and and the financial firms that are coming into our city.

8:45:46

But we also serve individuals who are poor, individuals who are elderly.

8:45:52

Individuals who are who are dealing with uh with with what was published this this morning on on the Miami Today.

8:46:02

On the Miami Today, um, you know, they were reading that they were writing about the cost of living.

8:46:12

Nationally, gas prices jumped 28.4 percent over the past year, with South Florida hit even harder, where we exceeded the national increase.

8:46:27

We're at 34.2 percent on the CPI for for gas prices, significantly higher than the national average.

8:46:38

And then the cost of housing.

8:46:43

The cost of housing continued to outpace in Miami compared to the to the rest of the nation.

8:46:52

Food costs increased significantly locally and nationally as well.

8:46:59

The cost of medical of medical care went up significantly.

8:47:04

The cost of transportation went up significantly.

8:47:07

And this is all stuff that was reported this morning on the Miami today about the about the impact that CPI is having on the cost of living of people here in South Florida.

8:47:21

Now, there's a lot of things that local government cannot control.

8:47:28

We can't control private insurance companies, we can't control assessments, we can't control the price of gasoline or the price of milk and bread and eggs at the at the grocery store, but we can most certainly control how we currently use the revenues that we currently get to meet our critical infrastructure needs, and we can certainly control whether we pass along the burdens of an aging infrastructure system through utility rate increases to the residents and taxpayers who I feel a great deal of responsibility to protect from further financial burden.

8:48:10

Um that doesn't prohibit us from engaging in in discussions because I think we we always need to think innovatively over time.

8:48:18

I've been speaking with the city attorney's office, you know, about the possibility is there is there a way that you know special taxing districts and neighborhoods that really want to move forward with it.

8:48:29

Is there a way as Commissioner Suarez has put forward where where you move the millage, you you are already taxing our residents a certain amount?

8:48:39

How about if you move that same millage less from the general fund and moving it, shifting it over to capital so that so that so that you can meet the critical needs of our community without going back and dipping further into the pockets of our financially strained families who are going through a tough moment in this economy.

8:49:02

And through the vice mayor, uh because I'm the co-sponsor on this.

8:49:05

Um 100% agree.

8:49:08

And the the issue with raising water rates, it's it's a regressive tax.

8:49:14

So if you are on a fixed income, you're you're paying above and beyond what you normally would uh uh at any other period, while if it for what I'm proposing based on a millage and your property taxes, it's progressive.

8:49:32

It's it it's going to speak to how much your property is worth, how much can more can you pay.

8:49:38

But if you are in a fixed income, if you're living in Rebecca's Towers, and then now you have to pay double what you were paying on water bill, and you don't necessarily see that you know, I don't think that's fair.

8:49:49

You know, I I know we have like West Avenue Phase 3, First Street, North Shore, Normandy Isles.

8:49:56

These are projects that are not just pipes in the ground, they're also landscaping.

8:50:00

They're also landscaping.

8:50:02

They're gonna they're gonna make the area substantially better and of higher value, which is great.

8:50:08

But that should really come from a property tax, not a tax across the whole city where we essentially double the rates in in four or five years.

8:50:20

So I I totally understand that it's a lot, it's very easy to say no.

8:50:27

Um that's why I put forward a an alternative to funding these projects.

8:50:35

And I think this is the much more equitable way to to fund these projects as opposed to taxing everyone with a regressive tax with a as far as a shotgun approach.

8:50:50

And I join you in that.

8:50:51

And I appreciate Commissioner Fernandez co-sponsoring me on this.

8:50:55

Uh, because look, uh it would have been really easy for me to come in here.

8:50:58

Many of us come in here saying no, but without offering a solution.

8:51:02

So Commissioner Bott, uh, to your point.

8:51:05

Uh obviously this is going to be fleshed out at committee.

8:51:08

Um but uh I do I am I am offering a a path for us to that's a different item.

8:51:16

This is the moratorium.

8:51:18

Yeah, and and to that, I think it's only six months, right, Commissioner Fernandez?

8:51:22

Referral.

8:51:23

Yeah, let's call your items as we're talking about.

8:51:25

We should call it together.

8:51:26

Let's call it all together.

8:51:27

Okay.

8:51:27

The item that's being referred to is C4T.

8:51:30

It's a referral.

8:51:31

It's a referral, referral to FERC fund uh resiliency neighborhood infrastructure dedicated capital millage, uh, and it's being co-sponsored by Commissioner Fernandez, it's being sponsored by Commissioner Suarez.

8:51:42

You have a copy of it on the day as well.

8:51:44

And and just to just to recap, look, we we have a certain millage for capital uh infrastructure.

8:51:52

We have a certain millage for um general general operating.

8:51:58

But I'm proposing, and not to you know ruin the surprise for our finance committee, is just we reduce one and reduce a millage for one to gift to another.

8:52:11

And I believe we need about 11 million dollars a year for eight years extra to fund these these projects.

8:52:21

And what I'm proposing is about 15 million so that we can also still lower our our taxes.

8:52:29

I understand that we're not gonna possibly be able to do the rollback rate, but there's still going to be cuts to be made from one department to fund another department.

8:52:39

Um that's that'll be flushed out at discussion.

8:52:44

But what I want my colleagues to know is you know, I've proposed the path for us to fund these projects um in a more fair and equitable way.

8:52:54

And I and I think we can do that over the next couple of months.

8:52:57

And Commissioner Suarez, I'm co-sponsoring that because you know we are already taxing our residents.

8:53:03

And we and we have a $1 billion proje uh budget, and the way that you are proposing it, it makes sense because within those one billion dollars, adjusting the millage and shifting is prioritizing the dollars.

8:53:19

What is the bare essentials?

8:53:21

You know, we talk about you know public safety, we talk about cleanliness, critical infrastructure is among the essential functions of our city government.

8:53:32

And we have to make sure that what we are collecting in taxes is dedicated to those priorities, which are the essential functions of government.

8:53:41

And then once we meet that, then we you know continue building upon all the other services that we provide.

8:53:48

But we first need to prioritize the core function of our municipal government without having to go in and double dip our residence through a rate increase.

8:53:57

Exactly.

8:53:57

Commissioner Mateo Salinas, then Commissioner Bott, and then Commissioner Magazine.

8:54:02

I just I pulled this because I just have a question.

8:54:04

Um and I don't know how feasible this is, but is it feasible, I guess, um Mr.

8:54:08

Turney, to do a geo bond for uh water and sewer increases and to fund infrastructure projects?

8:54:14

What would that look like?

8:54:15

Uh that would be feasible.

8:54:16

It would require a referendum, of course.

8:54:19

But we could do that essentially.

8:54:22

Well, Commissioner Bottom, Commissioner Rogers.

8:54:24

Well, can I answer?

8:54:25

Uh if you're answering yes, yeah.

8:54:27

There's two types of bonds.

8:54:29

One is a geo bond.

8:54:33

This is a revenue bond, right?

8:54:35

So when we talk about raising rates, it would be issuing more or less bonds.

8:54:41

But it's not called GO because it's from an enterprise fund.

8:54:45

This would be a revenue bond that is specific to these enterprise funds.

8:54:50

So more or less is this it would be raising a bond.

8:54:56

But that's essentially what we're doing here.

8:55:00

But but it I specifically want a bond that goes to the electorate so that way people will have the opportunity to voice if they want to tax themselves or not, so that way it's not on us to pass a tax.

8:55:14

And if they voted down, they voted down.

8:55:17

It's not a bad idea.

8:55:18

So that was what I wanted to bring up and and to see if I if you all would be in agreement to that and maybe get something on the ballot for the fall.

8:55:26

You know, I'm just just I was sure.

8:55:29

Through the vice.

8:55:31

I was Commissioner Bell.

8:55:35

I am very interested in the proposal that you're bringing, Commissioner Suarez, and you are co-sponsoring.

8:55:41

I'm I think one my frustration is that we are making draconian moves with this moratorium, and I know you and I have a difference of opinion on this, without having had the conversation yet about how to get the funds we need for the work we critically need without double dipping on our residents.

8:55:59

I think we are unified, all of us on this commission, that we do not want to hit the residents who can least afford it the hardest.

8:56:08

My concern is that we haven't had those conversations yet.

8:56:11

And what I'm reading in here in the last paragraph is that the moratorium cannot be repealed unless we have a rescind of the resolution by five sevenths vote, or we have a public safety emergency, which is a catastrophe.

8:56:26

Um, I can imagine a condo building where the sewer system fails.

8:56:31

Hello, cholera.

8:56:32

Like, you know, do we really want to be doing that to our residents?

8:56:35

I don't.

8:56:36

Um, or having uh a consent decree put upon us by the county, the state, the feds, I don't know.

8:56:42

To me, that seems very draconian.

8:56:44

And it and I understand where you're coming from, I get it, because we've had we've sort of danced around this, but because we haven't, as a body, had the full presentation from John and from Eric and from Jason about how we can effectuate what we need to get done in a robust open conversation.

8:57:02

We're effectively taking that off the table.

8:57:05

I love the fact that you've got something going to FERC.

8:57:07

I think that's a great starting point.

8:57:09

But to then but to put this out there and vote on this first, I think is putting the cart behind before the horse and scares the crap out of me.

8:57:18

No pun intended.

8:57:19

Um it really does.

8:57:21

And I know where it comes from.

8:57:22

I know you I think everybody on this commission is really concerned because cost of living in in Miami is high under the best of circumstances.

8:57:30

And Miami Beach is under best of circumstances.

8:57:33

And we see our our our friends and our neighbors on fixed incomes or folks who have lost jobs or whatever, really struggling.

8:57:40

Nobody is trying to punish anybody.

8:57:43

We desperately, though, cannot afford to not move forward with these projects.

8:57:48

I'd like John, if you don't mind, to come up and talk about that a little bit.

8:57:51

So I you know respectfully, I I understand where where the the goal is on this.

8:57:56

I think it's too early for this.

8:57:58

I would I would make a motion to defer this until we've had a little bit further conversation.

8:58:01

We hear the item at FERC, we hear from John, we have some conversations, and if in a few months we're like, you know, we talk about having a geo bond that goes to referendum, and if we're still like haven't come to a better place, I I then maybe we talk about a moratorium.

8:58:18

I I this scares me.

8:58:20

And I appreciate that.

8:58:22

We've been having this discussion.

8:58:24

But we haven't had it fully.

8:58:25

But we this city commission has been discussing water and sewer rate increases for a number of years now.

8:58:33

And we haven't done it because we understand the impact that this will have on the lives of our residents.

8:58:40

And I like the idea in the creative thinking of doing a referendum for a bond on our residents.

8:58:49

That's a tax.

8:58:50

That is a tax that will get passed down to the very same people who we are trying to protect.

8:58:58

And what I like about the idea that that's that's being referred to to to finance is that it's it's about prioritizing our dollars that we are already taxing our residents.

8:59:13

It's not going and asking for another tax uh or millage rate on our on our residents and and it's not increasing the water rate on our residents.

8:59:25

It's it's about saying we are already collecting money from you.

8:59:29

How do we reprioritize it to the critical functions of our municipal government?

8:59:36

Um and and and I think that a city of our size with a one billion dollar budget should really be able to function within that.

8:59:47

And it might mean that for a certain period of time, in order to prioritize the essential basic services of municipal municipal government, we might not be able for a certain period of time to fund some you know extra luxuries that we pay for, but every every budget, even household budgets do that.

9:00:08

If you realize you need to you need to go in and you need to fix your roof, or you need to fix your seawall, or you need to you need to address other other issues, you might forego the luxury of going of going on a trip.

9:00:24

You might forego um you know the going out to special dinners or or whatever may be.

9:00:31

You repre you reprioritize your budget to accommodate that.

9:00:36

And to me, this is our very basic responsibility, and we shouldn't be charging our residents more, whether it be through a new tax or through a water and sewer increase when we are already collecting from them significant amount of taxes.

9:01:00

Is that previous commissions have not done this, have not done this in 30 years.

9:01:05

And that's why our rates are woefully antiquated.

9:01:09

If we had been keeping up with inflation, we would be in a much better position.

9:01:13

Um we have not done the work for decades.

9:01:16

We are at points of critical failure just about.

9:01:20

We're going to lose millions of dollars of grant funds if we don't figure out how to do this.

9:01:24

And so uh again, I come back to the fact that we need to have the conversations and figure out the ways to do it and and look at the the item that you guys are bringing to FERC and and see what everything is going to cost.

9:01:38

But to do this with those three choke points, five sevenths, critical emergency or consent decree seems draconian and a terrible precedent to set.

9:01:50

And I would like to see John and Eric, I'd like to hear what you have to say in principle.

9:01:54

And John, I'd like to see where we are on this.

9:01:58

I I I really think this is um dangerous.

9:02:02

And before the city manager or public works director speaks, you know, Commissioner Bott, uh, you bring up a good point that the previous commission has not brought up.

9:02:12

Commissions with decades, right?

9:02:16

Yeah.

9:02:17

To a certain degree.

9:02:19

But they also have not prioritized their spending, right?

9:02:23

And I think that's the more responsible approach to how to fund these projects.

9:02:31

And I think what Commissioner Fernandez's moratorium is there is the item, the intent is to force the administration into prioritizing and also us into prioritizing where do we spend our money.

9:02:46

I don't particularly like trying to borrow money to spend for today.

9:02:51

I I don't think I'd be in favor of a of a bond of another geobond, because that just means it's another tax that everyone's gonna have to pay.

9:02:58

I would rather focus on the billion dollars that we have every day, that we have every year, and prioritizing where that goes.

9:03:08

And similar to what Commissioner Fernandez says, yes, there's going to be some luxuries that you know I think we're all gonna have to feel the pain on, but the core tenants of government of just basic local government, public safety, sanitation infrastructure.

9:03:23

And you know, we are very we we're the only city in Florida that has lost residents, yet our budget keeps on going, you know, we're a billion-dollar budget for 80,000 residents.

9:03:35

That's like unheard of.

9:03:36

It's crazy.

9:03:37

So I think this is I think this is a good, I think this is a good position to be in where we are not only forcing the administration, but we're forcing ourselves to take a deep look and say, where do we want to prioritize our billion dollars every year?

9:03:55

And I feel like we can do that without this draconian measure that requires five sevens or a critical consent decree.

9:04:04

And uh respectfully, I wanted to follow up, and I think, and I'm not gonna put any words in anyone's mouth, but there is another item on this agenda to allow the city staff to put uh items on the agenda where they, for example, like the Mr.

9:04:19

Manager can put on uh an item to say, well, we want to increase the water taxes.

9:04:25

And I think that this moratorium is going to be able to prevent that, even if that item passes.

9:04:30

And so I think this is a fail-safe for anything that gets passed today or in the future until we prioritize our spending.

9:04:40

So I'll let Commissioner Fernandez speak for that.

9:04:43

I agree with you 100% 100 percent because you know absent us adopting this, we will end up with an ordinance before this body to increase water and sewer rates.

9:05:00

I would give chartered officers in our city the ability to place uh an ordinance on the on the agenda.

9:05:07

And as someone like all of us, we all represent elderly people, people working multiple jobs, uh, people feeling the stress of of the economy.

9:05:20

They cannot deal with another increase.

9:05:25

And and I've been and we've all been getting the emails, and I've been getting the emails.

9:05:30

This goes directly to people's quality of life.

9:05:33

We take pride on this commission to focus on the quality of life of our residents.

9:05:39

We do take great pride on that.

9:05:41

And each and every one of us take great leadership in advancing the quality of life of our residents.

9:05:49

But for those who are not wealthy in our city, for those who are not rich, for those who are not in multi-income households earning hundreds of thousands of dollars, this will go directly to their quality of life, to their ability to continue living in our city or to even afford rent in in our in our city.

9:06:12

And using water, using the sewer system, it's not a luxury.

9:06:17

You can't you can't choose not to use it.

9:06:21

And we just we have to be just incredibly mindful of that.

9:06:26

You might choose not to go to dinner, you might choose not to buy a new car, you might choose not to go on on vacation.

9:06:33

You cannot choose not to use the water and sewer system in our city.

9:06:40

Through the mayor.

9:06:41

Yeah.

9:06:42

You know, uh I'm gonna call time out because I told my Commissioner Magazine has asked that he was next in order, and I've let it go on for a while.

9:06:49

Commissioner Magazine, then Commissioner Mateos Helenas, Commissioner Bot.

9:06:52

Then let's try to get to resolution on this because we got still a lot of items to get through.

9:06:57

So I appreciate uh the debate, the discussion, people bring this item.

9:07:02

I'm going to be voting uh with this item, but I'm not going to be wishy-washy about it.

9:07:07

And I refuse to let us be.

9:07:10

Okay.

9:07:11

It sounds like good efforts.

9:07:14

Oh, we're going to find money somewhere else.

9:07:16

We are not.

9:07:18

These are big projects.

9:07:20

And they're not one-time projects.

9:07:23

Right?

9:07:23

You can't do this by saying, well, we're going to try and save five million dollars next year, and maybe next year we'll save three in the year after that.

9:07:31

The reason you need these rates in place for projects like this is they're not paid over one year.

9:07:37

They are paid over time, and you need a predictable revenue stream.

9:07:41

And trying to get that revenue stream by finding cost efficiencies in other areas is not how these projects are funded.

9:07:49

That is municipal finance 101.

9:07:51

So I will, if this is what the residents want, and that's the will of this body, I will vote yes on this moratorium.

9:07:58

But I refuse to be wishy-washy and tell people, well, we're going to do uh first street.

9:08:05

No, we're not.

9:08:06

We are not.

9:08:07

Okay.

9:08:08

So let's be honest with people.

9:08:10

Let's be honest.

9:08:12

I will say I'll vote for this moratorium, but I'm not going to go and promise that we're going to do first street.

9:08:17

Because we're not.

9:08:19

So let's take the stupid cones that are they're prepared.

9:08:23

Actually, I think we have a separate ordinance for that, right?

9:08:27

And just be honest, okay?

9:08:29

I don't want to not pave roads for the next 15 years because we're waiting for these projects in perpetuity.

9:08:37

Okay?

9:08:37

So we can explore how to save money, and we should be doing that all day, every day anyway.

9:08:43

But correct me if I'm where I'm wrong in this or any of this.

9:08:48

But let's just be honest and say if we are going to freeze our rates, this is the consequence of doing so.

9:08:56

We know the benefit.

9:08:58

We've articulated it all very well.

9:09:00

It is saving our residents money that they need to have.

9:09:03

Okay.

9:09:04

People are being pressured, people are being crunched.

9:09:06

We've heard from our residents loud and clear via email that this is what they want.

9:09:12

Okay.

9:09:12

They want a pause on rates.

9:09:16

But I will not talk out both sides of my mouth and say, well, don't worry, we're going to pause your rates and we're going to go over to my committee and we're going to find 25 million dollars every year for the next 20 years, and we're going to do all these projects, we promise you.

9:09:31

So, John, list out the projects and their costs.

9:09:35

We have funding, just about the funding for West Avenue phase three.

9:09:39

But then I want to go through the projects that are up in line, talk about the size of those, how much they are.

9:09:46

And these are the ones to be clear, we do not have funding for.

9:09:49

Or that we're going to lose our grant on the force.

9:09:51

Excuse.

9:10:00

And we're not going to essentially have any certainty to go forward on these because we can't just do so with this hope that we're going to find year over year cost efficiencies.

9:10:11

That's not how these projects work.

9:10:13

You need certainty in the years going forward and a dedicated revenue stream, right?

9:10:18

And without that, you can't do these projects.

9:10:20

We can't do a multi-year project for 100 million dollars.

9:10:24

West Avenue was 100 million dollars.

9:10:26

You're never going to save that in one year.

9:10:28

And you can't start one of these projects until you have a full dedicated stream.

9:10:34

You can't say, well, we saved 10 million dollars this year, and I hope for the next 10 years we'll save 10 million dollars because that's how you essentially start a project in two years into it, you have to abandon it because you lose money.

9:10:47

Okay.

9:10:48

So let's at least have all sides to say this is what we're voting on.

9:10:54

And that our job is difficult, right?

9:10:56

It is never easy that you can have your cake and eat it too.

9:11:00

Right?

9:11:01

So we're going to say, I know I'm going to say, because I've heard from my residents loud and clear.

9:11:07

Yes, we're going to pause our utility rates.

9:11:11

But I'm not going to say, but don't worry, we're going to move, I think it was my predecessor that said, shake the money tree and find money to go do first street, and then find money to go do um Normandy Isles and the other ones that we have in place and ready to tee up.

9:11:29

And the second, this is somewhat of a tangent I'm going on.

9:11:32

I'm just going to say to move on.

9:11:34

There's no response.

9:11:36

But we sit here, and rightfully so, because so many people in this city and this country are pressured by costs.

9:11:48

There's one single cost that impacts our residents ten times more than any else.

9:11:54

Right?

9:11:54

Over, I think half of our city are renters.

9:11:59

Rents have gone up two-thirds.

9:12:02

Rents have gone up over a hundred percent.

9:12:06

When I moved into the Floridium ten years ago, a two-two on the Bay side was $2,500.

9:12:13

$2,600.

9:12:15

It's now $6,500, $7,000.

9:12:21

Families from my daughter's school, gone.

9:12:25

My friends, young professionals, gone.

9:12:29

My daughter's mother that's the hardest worker I've ever made in my life, cannot afford to live in the city where her daughter is being raised and going to school.

9:12:41

Because we refuse to do anything for housing supply.

9:12:46

Anything.

9:12:46

There is one simple way to help housing costs, and that is facilitating housing supply.

9:12:54

And we have failed disgustingly.

9:12:57

All of us.

9:12:58

Me, every single one of us.

9:13:01

We've talked about it, and we'll sit here and make these changes around the edges to save people 25, 30 bucks a month.

9:13:08

Great.

9:13:09

People need every dollar they can get.

9:13:11

But people's rental costs are going up hundreds or thousands of dollars per month.

9:13:18

So we're going to pass this, but I'm not going to walk out of here feeling good that I saved everybody all this money.

9:13:25

Because I know every single month, people's housing costs are going up.

9:13:30

And we have so artificially constrained the supply of housing in the city, perhaps more so than anywhere else on the face of this earth.

9:13:40

And we talk about it.

9:13:41

I've talked about it for 10 years when I was on the planning board, when I was in a neighborhood committee.

9:13:46

Yes, we're going to do something, and we do nothing.

9:13:49

And that is what is killing people.

9:13:52

That is what is causing people to move out of the city.

9:13:56

Is it hurting people an extra 20 or 25 bucks a month on utilities?

9:14:01

Yes, every dollar counts.

9:14:04

But that's not why people are taking their children from school in the middle of the school year to move out of the city because they can't afford the cost of their new lease.

9:14:15

So we don't have to get into uh drawn-out conversation about this because I know it's not the focal point of this item, and we have a very core discussion that's important in front of us on the rates.

9:14:28

So I'll bring this shit back in and talk about that.

9:14:31

So, yes, I'll be voting in favor of the moratorium.

9:14:36

I will ask for collegial discussion on whether the vote to undo the moratorium is better at five sevenths or four sevenths.

9:14:50

I'm not strong one way or another.

9:14:53

I do kind of feel if you have four people sitting there and willing to raise their hand and vote, yes, I'm ready to raise your taxes.

9:15:00

That's probably a high enough threshold that that might do the trick, right?

9:15:07

But I'm not dogmatic about that.

9:15:10

I I'm happy to hear debate uh and things like that.

9:15:14

Um but I do want to hear from you, John, that I won't be wishy-washy.

9:15:20

I'm going to own this decision.

9:15:22

Okay.

9:15:22

I will own this decision.

9:15:24

I'm going to say I will vote for this rate moratorium.

9:15:28

I'll even co-sponsor it actually.

9:15:31

But I'm also going to be very clear, upfront and transparent about what we will not be doing.

9:15:38

I'll turn it over to you.

9:15:40

Before you speak, John, Commissioner Mateo Salonis has to speak.

9:15:44

I just I actually want to echo you kind of took the words out of my mouth, which I appreciate.

9:15:47

And then John, I do want to hear from you too, because every time we get these emails that said that says we don't support this the sewage rate, I want to say, well, which project do you which neighborhood are you going to take this out of?

9:15:58

Which is it gonna be your neighborhood or your neighbor's neighborhood?

9:16:01

Or you know, and it's but people don't get that side to it, you know.

9:16:04

And I and I wish we could better educate them that this is this is you know, John, and I'd ask you for a list of all these projects.

9:16:11

This is what we're we can't pay for are these infrastructure projects.

9:16:15

Um it's it's not just as black and white.

9:16:19

I I just feel that people don't know that we're we want to raise these rates.

9:16:22

And yes, affordability is an issue here, but we're not just raising the rates to raise the rates.

9:16:28

We're raising them to pay for these huge infrastructure projects that some people want in their neighborhood, and we've already been getting some emails saying, well, how is this uh pump station gonna get in and how are these pipes gonna get replaced?

9:16:39

And we just had a water main break at Dade and Prairie, and we had a sinkhole, and we damaged a million-dollar fire truck that we fell into the sinkhole.

9:16:46

And the last thing that I want to point out, and John, I want you to go over that list too, is that to correct the record, we don't we our our budget doesn't service just 80,000 residents.

9:16:57

Our budget also serves services the tourists that come into our city, which at any given weekend can be 250,000 people or more, depending on what event is happening.

9:17:06

I mean, I don't know how many people were in our city for F1 or for you know how many are coming in for FIFA, but our our our sanitation they they clean the streets over there in in the tourist areas and we have businesses over there, and so it's not our budget is not just the 80,000 residents that live here.

9:17:24

Um it's also the tourism that also generates revenue from our reserve tax dollars.

9:17:29

But it's you know, we we have to take care of everyone that comes here.

9:17:33

We need police, we need first responders to respond, we need our lifeguards to keep our beaches safe and our swimmers safe.

9:17:39

So there's a lot that goes into this, and it's not just the 80,000 residents, it's it it could be uh up to a million people.

9:17:47

Commissioner Suarez.

9:17:48

Thank you.

9:17:48

And I I just kind of want to bring this point home is that we have a billion dollar budget.

9:17:56

I think we need to prioritize how we spend a billion dollars.

9:18:01

I don't think raising a having a regressive tax double over the course of five years is responsible, is a responsible way of governing for projects that need to be funded through a capital uh improvement fund, such as uh uh a millage rate.

9:18:22

And so, Commissioner uh magazine, I and I know I just put this on everyone's desk today, but that if we change the rate, the millage rate on the on the capital um on the capital improvement fund, that's permanent.

9:18:39

And you know, we could potentially bond out to that if we needed to, just as if we would do for a water uh tax, but it's more progressive because it's going to be for people that if you have a much larger property, you're gonna be paying more in taxes.

9:18:56

If you have much less property, it's gonna be paying less in taxes instead of a fee across the board for for everyone.

9:19:03

And so um there is a path.

9:19:06

And I think we we can we can certainly do that.

9:19:10

Last year we had 11 million dollars, which is exactly what we need every year to fill to for the next eight years to fund all of these projects that is on this list.

9:19:23

So I I just want to bring everyone back to to the to the same place.

9:19:29

It's it's not I think the intent of this is not saying we don't want to do these projects.

9:19:36

It's it's it's saying to us in the administration, we need to prioritize the money that we already have for these projects.

9:19:44

And we're gonna have to give up some luxuries that we we have traditionally liked over the the last couple of decades that may not be available to us at least for the next eight years while we fund these critical infrastructure projects.

9:19:58

Commissioner Suarez, you mentioned something.

9:20:00

It's so on an annual basis, the city needs to come up with about $15 million.

9:20:06

That's that's what you mentioned.

9:20:08

Around the 11.

9:20:10

John?

9:20:11

No, the uh debt service actually starts around six million because we would be issuing debt over time, and it ends at about 41 million per year by the uh year eight point of these projects.

9:20:24

But over the annualized over the next eight years, what is it?

9:20:27

Annualized over the eight years, I think it averaged out to be somewhere around 15 to 16 million dollars.

9:20:32

Okay, in a one billion dollar budget, I think it I think it's I rather us reprioritize 15 million, 16 million in a 1 billion dollar budget than asking our residents to re-prioritize this money in their in their budgets because someone is going to have to reprioritize.

9:21:02

We have the money, we just have to decide in order to prioritize this infrastructure within the capital budget and shift some of this millage from our general to our capital.

9:21:14

Okay, then what is it that we can't fund on the general side in order to prioritize what we all feel very strongly about without passing passing that on to our our residents.

9:21:30

Okay, Commissioner Schwarez.

9:21:33

I agree with you.

9:21:35

We all want to do these infrastructure projects.

9:21:39

I'm saying myself that looking at saving people this money versus infrastructure projects online, and even sponsor this, where I'm saying at this point in time now, it's more important to save our residents money.

9:21:54

Let's hear from John.

9:21:57

Good evening, Tom Norris, Public Works Director.

9:22:00

I I really do appreciate having this conversation.

9:22:02

I'm really happy that I'm here.

9:22:05

My concern right now is timing.

9:22:07

Time is of the essence.

9:22:09

We are celebrating public works week right now.

9:22:13

And I want to explain to you real quick how that started.

9:22:16

Friday we had a six-inch water main break on 10th in Euclid.

9:22:21

They finished at midnight.

9:22:24

At 2 a.m., they got home.

9:22:27

2 a.m.

9:22:29

They got dressed, they came back for a 20-inch transmission main, cast iron that the side blew out of.

9:22:38

The hole was that big by 20 inches.

9:22:42

A fire truck fell in the hole.

9:22:45

I don't know what the fate of the fire truck is.

9:22:49

We had a big rain event on Sunday.

9:22:53

I got calls from many commissioners on Sunday.

9:22:57

I did not stop on my phone from 7 o'clock till 1 p.m.

9:23:02

responding to flooding calls.

9:23:05

Is the pump on?

9:23:06

Is the pump off?

9:23:07

This temporary pump that we have sitting here.

9:23:09

Why do we have it here?

9:23:10

I don't want it in my yard.

9:23:12

Wait, we're flooding back here.

9:23:15

These are the conversations that I'm having on Sunday.

9:23:21

I can't tell the residents we have a solution anymore.

9:23:26

I can't do it.

9:23:28

The only response that I have for the residents is we don't have funding.

9:23:36

So then, Sunday evening, we had an incident on North Bay Road.

9:23:41

The gravity sewer mains were backed up.

9:23:44

Once again, our crews left their homes, came in.

9:23:48

It was not a clog.

9:23:50

No, the sewer wasn't clogged.

9:23:52

It was surcharged.

9:23:54

It was surcharged because it is an aging line that gets infiltration and inflow that fills with groundwater and rainwater.

9:24:04

So what did our guys do?

9:24:06

They pulled all that water to the pump station to make room for the sewage to go from those houses on North Bay into that gravity line.

9:24:17

They're just making space in the line temporarily.

9:24:22

So they get home.

9:24:24

They wake up Monday morning, nothing Monday and Tuesday.

9:24:30

Wednesday, 12-inch water main break at North.

9:24:34

John, let me stop you there for a second, because I get what you're saying.

9:24:38

And respectfully, we understand that there we have aging infrastructure, but that's not the debate here.

9:24:44

We're not here telling you that we're not we don't take these concerns seriously.

9:24:50

What we're debating is prioritization.

9:24:54

Where are we going to get this money?

9:25:00

I don't want to get I don't want to have to double the water rates in the next five years to pay for these when I believe the these infrastructure projects should be paid through our millage of capital improvements, where we can have to forego some of the uh the millage uh on the general operating fund.

9:25:18

And we're gonna have to make cuts.

9:25:20

But my point was timing is important here, and what we're talking about is pushing.

9:25:27

But this but this water rate is gonna double in five years.

9:25:30

So what what at least what I'm proposing can be can be implemented in the next couple months after through through committee and and one or two readings.

9:25:42

If with what you're proposing with the water rate increase, that's gonna happen over the course of five years.

9:25:47

So it's not like if we pass this, things are automatically going to be fixed tomorrow.

9:25:53

It's gonna take a tremendous amount of time.

9:25:55

And we're struggling with how do we tax the residents for this, or do we tax the residents on this at all, or do we prioritize where our funding is?

9:26:06

So it's really easy to say and let us know about all of these issues, about critical infrastructure issues failing across our city.

9:26:16

It's very easy to do that.

9:26:19

We're we're put in the hard position of where do we find the money?

9:26:23

And again, we understand the timing issue, but even if we were to pass this increase in in water bills that are gonna double, it's not like magically it's gonna happen tomorrow that everything gets fixed, it still takes a tremendous amount of time.

9:26:38

So, you know, respectfully.

9:26:42

We're I I mean, I I I think we're gonna pass this referral.

9:26:47

Okay.

9:26:48

It's gonna go to the commission.

9:26:50

I I would like everyone at the commission, I would like everyone at this commission to be present at that finance meeting so that we can really discuss this and hopefully fast track a solution to this that doesn't require a regret and a doubling of a regressive tax.

9:27:07

And you know, when I do the math, it's a hundred and six million dollars over the course of eight years, but you gotta subtract this the CPI, which is 18 million.

9:27:18

So the Delta is 88 million.

9:27:20

88 divided by uh eight is 11.

9:27:25

So we need 11 million dollars every year for the next eight years.

9:27:30

And I think we can do that.

9:27:31

I think that's very possible to do that through a millage rate change.

9:27:36

So you know, I I don't I don't like I don't appreciate the city administration giving kind of this like doom and gloom situation if you don't do this, if you don't if you don't tax your most vulnerable residents, you're gonna have all these pipes breaking.

9:27:51

We get it.

9:27:52

We there is it's an old it's old infrastructure, but you know, we're gonna find a way soon to do this where we think it's much more equitable and responsible.

9:28:09

Commissioner Bott and Eric wants to speak, and let's bring this home for a landing.

9:28:12

I would like for for everybody who's watching or will watch or read newsletters over the next few days.

9:28:18

I would like with all due respect, my colleagues, I would like you, John, to explain the cost of each project and Jason, for you to tell us if we somehow actually have the money in our budget.

9:28:35

And I'm very excited to go to the FERC meeting and hear about how this can work.

9:28:40

I think it can.

9:28:41

I that's not the issue.

9:28:43

The issue is that there is no clarity in the public at the moment about what is at risk.

9:28:50

And I will tell you what's more expensive than a $12 rate increase.

9:28:55

It's getting a new pickup truck because your truck that you rely on to go to work and to bring your kids to school and to pick your mother up from her adult daycare because she needs help, has now fallen into a sewage sinkhole, like what happened in North Beach a couple of years ago.

9:29:12

So, John, if you could please, and Jason, if you could John, go through the list and also please let us know if there's grant money that's at risk.

9:29:22

Um and Jason, if you could also just give us, you know, what the money I I don't think we have the money at the moment.

9:29:29

So I'm I'm not sure that I I would like that corrected for the record because I'm not the expert on this.

9:29:34

You guys are DJ, could you put the presentation up the one page?

9:29:39

Thank you.

9:29:41

So, commissioners, you all have a copy of this.

9:29:44

This is a list from most expensive to least expensive.

9:29:48

And you can see the neighborhood improvement projects are up at the top.

9:29:57

I'm going to say we want to read this.

9:30:03

And my point in what I said is it we don't have answers for the residents if we don't have a plan moving forward.

9:30:12

And I go out to many residents' homes and I tell them we've got this project, it's going to solve the problems.

9:30:20

And without a funding mechanism for these projects, we no longer have those answers.

9:30:34

I just notice West Avenue phase three.

9:30:42

We do, and we're not sure very much on West Avenue phase three, but I think if we don't have a rate increase or a funding mechanism moving forward, we need to reassess what funding we have allocated to certain projects because we're going to be responding to emergencies constantly.

9:30:59

And emergencies are much more expensive than planned projects.

9:31:03

So we really need to reconsider what our contingency and what a reserve is if we don't have funding to move forward with these projects.

9:31:13

And what is the grand total of this?

9:31:16

I believe over the uh I know over the I think the eight-year program 27 through 34, it's about 1 billion dollars between water uh sewer and stormwater total capital needs.

9:31:26

Um, some of that would obviously be funded through um Pago Cash as the fund itself would uh be able to throw off some of it.

9:31:34

So it's not a full one billion dollars would need to be borrowed.

9:31:37

Um but we would obviously have to relook at the model if we're gonna go in a different avenue.

9:31:41

I think there's a lot of a lot of different ideas that are put out here, and I think there'll be a robust discussion when it goes to finance.

9:31:48

And I think just to just a restate because there have been a few questions where is it legal to do this from a general fund perspective and geobond?

9:31:56

Yes, the answer is absolutely.

9:31:57

Uh is it uncommon?

9:31:59

Yes, but it's not unheard of.

9:32:01

Uh I think cities.

9:32:02

Can I stop you there?

9:32:03

I guess structurally, these projects, you don't pay for it in one year.

9:32:07

So confirm my thinking or tell me where I'm off.

9:32:12

And I think Commissioner Suarez, it's a it's a good, it's the only way that you could even go forward in these projects.

9:32:22

If I'm understanding your proposal right, is you actually take the millage that's dedicated to the general fund, which is how how much roughly what's the total our total millage is five five, eight, I think.

9:32:37

So you go between all four millages.

9:32:39

One of those and put it dedicated, what whatever the math works out to be.

9:32:45

So you have dedicated funding in the stormwater wastewater utility project.

9:32:52

Then our problem because that's the only way you can go forward with these projects.

9:32:57

You cannot do it with this promise that each year we're going to save you 10 million dollars.

9:33:04

Right?

9:33:04

You need a dedicated recurring revenue stream over the course of eight years, not just a promise that we're going to try and find efficiencies each year.

9:33:14

So the only way it would work is if we take millage from a general fund and put it dedicated into the stormwater wastewater.

9:33:24

That provides another set of problems for us, right?

9:33:28

Yes, we are able to then with a little more certainty go forward with these, but then we have uh you know we have to balance our budget, so we have to do so on the back of the general fund each and every year.

9:33:42

So and then just and I want to expand upon that, and I'm um and I want to let my colleagues know that.

9:33:50

You know, we all pass the rollback rate, right?

9:33:54

No.

9:33:54

I'm even willing to say we are I I look it would be great if we could pass the rollback rate.

9:34:02

We don't pass uh any more taxes on water increases and and everything stays the same, but it's not unfortunately that's not the world we live in.

9:34:10

The city administration was already considering cutting 25 million from the budget, right?

9:34:17

To accommodate the rollback rate.

9:34:20

How much?

9:34:21

I think a good middle ground is to say instead of 25 million, we'll do 15.

9:34:29

Because I believe it's around 11 that capital needs.

9:34:33

And then four is going to be we're still going to lower taxes as four million less than we would have otherwise.

9:34:45

And that way, we can tell the residents we're prioritizing our city fund or our city budget for capital improvement projects.

9:35:00

And we're still going to lower your millage rate just a bit so that you're not paying extra above and beyond uh what you would have paid normally.

9:35:08

So because I don't think it's imp I think it's going to be impossible to lower the to lower to have past the rollback rate and do a another cut from the general fund to the infrastructure fund.

9:35:22

So there's many ways to you know tackle this problem.

9:35:27

Um Commissioner Magazine, it one it is the only way to to really do that because it's certain there's a set certain there's certainty in it.

9:35:39

Uh and as far as funding, and it's at the end of the day, it's it's just 11 million dollars.

9:35:44

I mean we gave 11 million dollars last year.

9:35:48

Okay.

9:35:49

Um we got less than an hour left.

9:35:52

And Eric wants to speak.

9:35:54

I gotta bring this home for a voice.

9:35:55

I think I think I got the votes are clear we're going.

9:35:57

We're gonna be speaking at finance about this at length.

9:36:00

I I just I've been waiting patiently to weigh in on this, but I think what we really need to look at, and I agree with everything that's been said on the day so far, that we need to look at ways to tighten our belt.

9:36:13

Yeah, that's incumbent upon us.

9:36:15

We're working through that as part of the budget process this year.

9:36:19

I just want to make sure that everybody's of the understanding that that's gonna be a chunk of money, but that chunk of money is not gonna replace the money that we're talking about as this, and so we're gonna have a misalignment between expectations of delivery and revenue streams, and we're gonna have to figure out how to fill that gap.

9:36:41

And if it's not utility rates, maybe geo is an option, but not bonding is gonna be extremely challenging because what bonding does is it gives us dollars today that we're then able to pay back over time, as opposed to if I had tried to buy my house on a cash flow basis, I wouldn't be in my house today.

9:37:05

And my house would is double what it was when I bought it 10 years ago.

9:37:10

So if we try to cash flow fund everything, it it's not gonna work.

9:37:15

We have to figure out what is the things we have to fund, have to build.

9:37:22

I don't think we're prepared today to say definitively this is a have to have, but this isn't.

9:37:29

I think we've done the prioritization process for the last 10 years because every time we got to this point, it was go back and reprioritize from 2016.

9:37:40

That's the last time that we actually move forward on a bond issue and really moved on some of these capital projects.

9:37:48

So we need to make sure that we all have alignment on what it is that we're gonna put in the ground, and then we need to figure out how we fill that funding gap.

9:37:58

Okay.

9:37:58

I know we all have it's not an 11 million dollar it that like that.

9:38:02

I just want to make sure because that seems like something we can figure out easily, but that's not the that's not the amount.

9:38:07

I'll be very very quick quick on that.

9:38:09

Yeah, but by the way, by the way, I just want to you know I have a lot of comments to make too.

9:38:12

I am not gonna make them, I'm gonna reserve them for this finance meeting because we could we I I I don't think there's any more information that can be said today that hasn't been encapsulated and talking about.

9:38:20

But Jason, I'll give you the last word and then we'll vote.

9:38:22

Thank you so much, Mayor.

9:38:23

Uh just yeah, so again a billion dollars every years, and the if it's a paygo basis, it's the the cash needs based on the prioritization and and the phasing of projects range from anywhere from year one to like 80 million to 220 million, so it's not 11 million, they're they're big numbers that are needed an annual basis.

9:38:41

And we've gone through that concept discussion about intergenerational equity and why you bond things out for projects that give value over long periods of time, multiple generations why bonds always make sense.

9:38:52

So, but absolutely we could use general fund dollars, it would be adding to the geo bond uh uh uh uh a millage rate, which we which we have, um, and that could be a commission priority every year and say if we had to add point you know two five mills to cover the debt service for this new geo bond, let's have a goal of lowering the operating millage by that amount.

9:39:12

So that's something on an annual basis that could be.

9:39:14

We'll discuss that at the next work meeting, and we can we can get there without having to raise the rates, but yes, let's vote on this.

9:39:21

We have two separate items correct, and I don't have a motion.

9:39:25

I'll move it so let's I'll move both of them.

9:39:28

Okay, so both on C7AI and C4T.

9:39:30

I have a motion by Commissioner Suarez, seconded by Commissioner Fernandez on both C7AI, C4T.

9:39:38

All in favor, please say aye.

9:39:43

Okay, C7AI.

9:39:45

The moratorium of a motion by Commissioner Suarez, seconded by Commissioner Fernandez.

9:39:50

All in favor, please say aye.

9:39:52

Aye.

9:39:52

Aye.

9:39:53

Anyone opposed?

9:39:55

Opposed.

9:39:55

Opposed.

9:39:56

So I heard opposed by Commissioner Bott, opposed by Commissioner Mattel Salinas.

9:40:00

Is that correct?

9:40:01

Yes.

9:40:01

And Commissioner Dominguez showed three no's and four yeses.

9:40:09

My votes are no for Commissioner Bott, no for Commissioner Dominguez.

9:40:15

Yes by Commissioner Fernandez.

9:40:17

No by Commissioner Mattel Salinas.

9:40:19

Yes, my Commissioner Magazine.

9:40:21

Yes, my Commissioner Suarez, and yes, my Mayor Minor.

9:40:25

So now on C4T, the referral of motion by Commissioner Suarez, seconded by Commissioner Fernandez on the referral.

9:40:34

All in favor, please say aye.

9:40:36

Aye.

9:40:37

Any opposed?

9:40:38

Hearing none, the referral is approved 7-0.

9:40:41

That was item C4T.

9:40:47

Okay.

9:40:48

Thank you.

9:40:50

Much work to be done.

9:40:52

C2D.

9:40:55

C2Ds are award RFQ 2026 119 WG Byron Carlisle Cultural Center.

9:41:02

Workforce housing.

9:41:03

It was separated by two individuals, Commissioner Bott and Commissioner Mattel Salinas.

9:41:11

C2D.

9:41:14

Commissioner Matthell Salinas, you pulled this item.

9:41:18

Byron Collar.

9:41:29

I hi Christy.

9:41:30

Hi.

9:41:41

And I couldn't read in the in the memo uh what the scoring was and how that worked out.

9:41:47

But I know that there have been some issues with this award, and I'd like to revisit it a little bit here.

9:41:58

Sure.

9:41:59

So to answer your question, um the RFQ contemplated if a short list was approved by the city commission, which it was approved in April, that when the committee would reconvene to re-evaluate the proposals, it would be based on the same criteria set forth in the RFQ.

9:42:19

So the subsequent evaluation committee that was held just recently, it was based on the same exact evaluation criteria.

9:42:29

However, it was only for the three shortlisted firms, which were all ranked top ranked in the first evaluation committee.

9:42:40

And what were some of the criteria that were used?

9:42:46

So some of the criteria was the experience and qualifications of the proposing firm and team.

9:42:55

This includes the firm that was the bidder, the prime proposer.

9:43:00

It also includes any other key team members.

9:43:04

And then the next uh criteria was for the financial analysis firm that was part of the team.

9:43:14

So it was evaluating their experience and qualifications.

9:43:17

Then it was also a their best practices.

9:43:21

So the sections I'm going through is the tab of their proposals, which is the information that they included for the committee to evaluate.

9:43:29

And then the next tab was their approach and methodology that they've used on prior engagements to accomplish similar scope of work and projects similar to what the city was looking for.

9:43:41

And in the in it in apparently the first place and the second place, there was a difference of one vote or one point.

9:43:51

So the ranking in the final evaluation committee was a it takes the low aggregate scores.

9:44:01

So what that means is each individual committee member's ranking.

9:44:05

So for example, if I was a committee member and I ranked vendor A a certain amount of points, but they were my first ranked, and vendor B a certain amount of points, they were my second ranked, and then the next would be my third ranked.

9:44:18

We totaled the ranking of the vendors of the committee members, and so the final was 13 low aggregate for Brooks Scarpa.

9:44:29

They landed in second place, second ranked Kalor was a low aggregate of 17 points.

9:44:35

They their rank was third place, and Stantec was 12 low aggregate points, so they were ranked first.

9:44:45

Okay, so the lower the aggregate, the higher the better the rank.

9:44:49

So the lower the aggregate, the first rank, and so on.

9:44:52

And the first ranked, where are they based out of give me one second?

9:45:05

So it's Stantec and they group together with MV RDV.

9:45:12

They are in the state of they have a local Miami address, but their headquarters are out of Denver, Colorado, but they do have a Miami office and do have South Florida presence.

9:45:29

And the second place, where are they based out of?

9:45:32

The second place, just to state their name is Brooks Scarpa, Huber Architects, and they are they have several locations from what I see here, Fort Lauderdale, Miami, Los Angeles.

9:45:46

Trying to get to their questionnaire so I can give you their do have local presence also.

9:45:58

So what I'm what I'm understanding, I've had a couple of residents reach out that were a bit disappointed that the um first place, because I guess they're not um based here in the first place.

9:46:12

But the second place is so I just want to revisit this a little bit more and see what we can do here.

9:46:19

Mr.

9:46:20

Mayor.

9:46:22

Commissioner Suarez.

9:46:25

Um I want to be clear, I support the Byron Carlisle bringing it back to life.

9:46:29

It's a shame that it's in this position in this current state.

9:46:33

Uh North Beach deserves and needs a first run movie screen theater and a cultural arts center.

9:46:40

And Commissioner Bottton and I have had sunshine meetings where we're gonna hopefully do both.

9:46:47

Yeah.

9:46:47

And but I just I just want to have I just have a little concern about the sequencing of this.

9:46:53

Um my understanding is that if this firm is approved, they will come back with a design contract in June or July for approximately 2.6 million.

9:47:06

Is that correct?

9:47:07

So the estimated design fee for the budget for the design fee is to about 2.6, yes.

9:47:13

Yes, and and potentially more because design fees are typically tied to a percentage of the total cost.

9:47:19

Correct.

9:47:22

Yeah, and so some of the things that I'd like to have answered, and maybe this is why I think we're putting the cart before the horse, is from my understanding, we had many discussions on how this is going to be fine uh uh how this is going to be funded on a operating basis.

9:47:41

And I believe the idea is um housing units where rent payments are going to offset the cost of the cultural art center, which is operational costs, operational costs, which I'm in favor of.

9:47:54

Um I'd still like to know what that model looks like before we have a design of it, because I think you know, we don't how many units is that?

9:48:05

Is it 100 units?

9:48:06

Is it 200 units?

9:48:08

And how do we tell that to the design firm before they start?

9:48:13

How do we tell that to the design for firm when we don't even know that ourselves?

9:48:19

And we're asking them to come up with a design for potentially uh a certain height and a size, uh, you know, a scale.

9:48:29

So without having sort of that basic information, how are we going to tell a design firm to design something that you know we we don't necessarily know the economics and look I think that's some unanswered questions that need to be answered before we move forward with something that's two and a half million dollars.

9:48:51

Um and again, I'm not against this, I'm not trying to slow it down.

9:48:55

Um I just want to make sure we're set up for success on this.

9:49:01

Mr.

9:49:01

Mayor.

9:49:02

So, Mr.

9:49:02

Mayor, if I could.

9:49:03

Well, let me hear from Commissioner Bott and then my recollection, Eric correct me, Daniel, correct me.

9:49:10

We literally wanted to have that conversation about a year ago, and we were precluded from having that conversation.

9:49:17

Um for very many reasons, which I'm not gonna judge up here and now, and we are going to have that conversation with the award winner of this RFQ as part of what the next step is.

9:49:32

So it will be um part of the preliminary discussion.

9:49:37

There is no design for this project yet.

9:49:40

It has not been designed yet.

9:49:41

It's this is an awarded an awarding of qualifications for the team that we are going to use to design and develop and construct this project.

9:49:52

We are already a solid year later than we had planned to be, than we thought we would be, then we should be, arguably more.

9:50:00

I actually you're not wrong in wanting to have those answers, but that's not what this is about.

9:50:06

That's the next conversation with the people who get this award.

9:50:09

What today is about is who gets the award.

9:50:11

And I actually also pulled this because I have some very significant concerns about who is getting this award.

9:50:18

And I'd like to, if with your permission, pivot to that, because those questions are excellent questions that will be discussed and figured out with whoever gets the award.

9:50:28

So just I'm okay with pivoting, but just to make just to be clear.

9:50:33

Um before we award any sort of money, especially in the millions of dollars, I certainly would like those questions answered.

9:50:41

But we have to pay them to be our partner to create the the temp we're hiring.

9:50:47

I thought this was to just approve them so that they can come back with a with a no that would have been that would have been a consultant to give us the the answers to the question.

9:50:56

This is we are now hiring these people to work with us to get to the finished product.

9:51:02

Is that correct?

9:51:03

Okay, which includes the um template of what how many units at what price do we take the seventh floor, and that's all market rate price because it's got the best view.

9:51:13

That all is going to be the very next conversation after the contract is awarded.

9:51:17

This today is about awarding the contract.

9:51:20

And the three people who are um the shortlisted, because they were in a dead tie, we were supposed to have had this conversation last month, but the three top um uh respondents were in a dead tie, and that is what we are trying to get awarded today.

9:51:37

So we cannot ask them to do the work that we are going to embark upon together over the next few years if we don't award the contract and then finalize the contract and then start the work.

9:51:50

And one of the preliminary things that we will be starting the work is how do we design what we want and how do we put all the pieces together?

9:51:57

And not to be you know Monday morning quarterback, but how does do these the do these design firms understand that the housing component is a big part of this project?

9:52:08

Yes where it was it was made crystal clear, correct?

9:52:13

So was that part of the process then of the qualification process for these correct they were advised that that was one of the interests of the city, and actually that's why one of the tabs was specifically asking for a financial firm that can do the analysis related to the workforce housing.

9:52:31

And and nothing back up too much, but I thought it was I thought we wanted staff to do also do that analysis.

9:52:38

Correct?

9:52:38

Because I remember Commissioner Magazine saying he believes in Daniel to do that analysis for us, right?

9:52:45

I mean, that's what you get paid for.

9:52:47

So I I that was in the confines of the consultant discussion.

9:52:52

It was what?

9:52:54

The consultant discussion when we're debating the value of having the consultant do that work, he was suggesting that staff should do that.

9:53:03

And then the compromise was to hire the design firm and have the design firm work with us on that concept.

9:53:11

But with all due respect, because there are important questions, but that ship has sailed, and that's why we are here now.

9:53:18

And we cannot get those questions done without awarding this contract, which we should have awarded last month, but we didn't because we had three top contenders, three very qualified firms.

9:53:31

And so I would like to talk about the recommendation that has been put forth among the three top firms who are effectively equivalent for all intents and purposes.

9:53:43

Well, that brings that that kind of ties into what we were just about to talk about, is apparently these design firms took into consideration these questions as far as housing and and of and the economics of it.

9:53:57

Did that play a pivotal role in your selection?

9:54:01

They provided all their experience and qualifications.

9:54:03

This was a request for qualifications, so they provided their experience and qualifications related to the either workforce housing or cultural components.

9:54:13

So they provided the in their proposals, whether they were again the proposer, the design firm, they provided any projects that they may have worked on uh that were relatable to the what the city is requesting.

9:54:26

So all of that was reviewed by the evaluation committee.

9:54:32

So I guess we're back on the topic of the qualifications, right?

9:54:35

Yeah.

9:54:36

Okay.

9:54:36

So for all intents and purposes, um, these firms are effectively the same.

9:54:43

Minor minor discrepancies of some people thought this was better, some people thought was that was better.

9:55:06

And um people who have been involved with it for a long time are part of one of the bidding teams.

9:55:15

I would like to respectfully suggest that the person that the team that gets the award, because they're the top three were effectively the same, actually goes to Brooks Scarpa, because they've been involved, some of the team members have been involved for a good chunk of time, and I think that they would be the best stewards for this project going forward, given their sensitivity to the neighborhood, to the needs of the community, for the history of how we've gotten here, and I would like to make that motion that we um accept that we uh do not accept the administration's recommendation, but we go ahead and award it to Brooks Garpa.

9:55:54

Second.

9:55:55

Is that is that legal?

9:55:58

I mean, If it's the will of the commission, it it can be.

9:56:06

Um I would just ask if we can get clarification on if we were to negotiate with Brooks Bark Scarpa initially, and if negotiations fail, we move on to Stantec, and then we'll find and then we move on to Kyler.

9:56:20

That would be fine.

9:56:21

But commissioner, respectfully, no.

9:56:26

It went through a process, and the city staff agreed to put who's the first place?

9:56:39

What's the name?

9:56:39

Stan Tech Architect.

9:56:41

Stan Tech to be the lead design.

9:56:45

And I just think it's a little inappropriate for us just because we may have a relationship with um what's what's the second one with Brooks Scarpa.

9:57:03

Scarpa, yeah.

9:57:05

That we kind of suspend that process and and go with a firm that we we we know.

9:57:11

And listen, I'm not saying that they've done they've done excellent work.

9:57:14

Obviously, they did pay short part, and it turned out great, but I think it's starting to be a little slippery slope where we say, you know what, that we went through a process, we're gonna now tell people who bid on uh on our city to do projects that you know what, because we're politically connected to this person or we know this person, and they've done already a good job in one neighborhood, you know, we're gonna just have to favor them anyways.

9:57:43

And I'm sorry, I'm sorry, I'm I'm I'm going to clear my name because I really find that that suggestion is not appropriate.

9:57:53

That is not what I'm doing.

9:57:54

I am reflecting the will that I've heard from multiple residents from people who have been involved with Byron Carlisle since 2018.

9:58:03

I I feel like if we have three people who are so good that we had to go to a second round of vetting, the difference is in millimeters, that why would you not go with the organization that has desire and history and uh a feel for what the community wants.

9:58:22

I really resent the implication that you're making that it's because I'm doing a political favor for somebody.

9:58:32

And we we there's a conflict of interest.

9:58:34

And look, I mean you cut me off, and I'm I'm more than happy to discuss this with you, but look, I you know I I I just think that we're sending the wrong message to people who are invors who come into our city and say, you know what, we're sorry, you know, you went through the process on a second round, but you know what, at the end of the day, even though you you still got first place, and rather how how much of uh the difference that made with millimeters, yes, but they still got first place.

9:59:04

You know, we're not gonna give it to you because of how we feel, or we've got some emails that say that you know we we like this firm.

9:59:14

I I don't think that's good government.

9:59:18

I think we have a process in place and people have applied, and it took a long time to do this, and I just think it's a bad, I think it's a bad look.

9:59:29

I I think first place I mean respectfully, Commissioner, we disagree with the administration all the time.

9:59:36

We just spent how many hours talking about the sewer and water rates, what the administration clearly has a very strong opinion about what we need to do, and we have chosen to take a different path.

9:59:48

I I you know, if I have a conflict of interest because this was a thing that I worked on since long before I ever contemplated being a commissioner.

10:00:00

Well, I guess we all have conflicts of interest then on things that we advocate for because we have deep knowledge.

10:00:05

If you want to make it fair, maybe they can just present the top two can present to us at the commission level.

10:00:11

I I there's just no basis to say we should pick this person over this person.

10:00:15

There's there's really no real basis for us up here to say that, other than we know them.

10:00:24

Right?

10:00:24

I mean, they went through a pro they went through two reviews, right?

10:00:27

They went through two reviews.

10:00:28

They went through many rounds of of interviews, analytics.

10:00:35

And we're just up here saying, you know, well, we don't like it.

10:00:39

We're gonna go with number two.

10:00:40

I if if we're gonna be fair, then let's give the first place an opportunity to say, hey, this is our vision, this is our qualifications.

10:00:49

Have them come present to us.

10:00:50

Maybe that's the more fair approach to how we do this.

10:00:53

And I'm not trying to change the process.

10:00:55

I'm just saying, like, look, I think this is really bad.

10:00:58

I think this is a bad precedent to set that we're just gonna disband this robust process that that went through.

10:01:06

And I this is I think this is different than our water rates, because that's more of a legislative priority.

10:01:13

This is a simple design.

10:01:16

And and who we hire.

10:01:18

I don't I don't I'm not privy to I was not privy to these conversations for this review process.

10:01:26

None of us were so how are we in a position to make that decision then?

10:01:34

Monica Mateos Alinas.

10:01:36

Um I just want to, you know, this is something that I had mentioned when I had first commented, I was trying to understand what were some of the requirements and what was the process here and why did one score one point higher than the other, and I would like to understand that process to you know what were the requirements and what were all of that.

10:01:57

So, you know, maybe um we should defer this a month so that way we can understand what exactly was asked and how it was uh the point system and um some of the other requirements.

10:02:09

I mean, I you know that's why I was asking where these companies are based.

10:02:12

I don't, you know, are they one of them in here is Florida based, the other one I didn't say where they're based in the memo.

10:02:19

So um maybe we should defer this a month to understand this process a little bit better and what exactly the grading scale was and who graded how, because I've also I've been approached by residents about this.

10:02:30

This is again not a uh any type of connection or anything.

10:02:33

It's residents that live in North Beach that have reached out to me to say, hey, what happened here?

10:02:38

So that's why I'm trying to understand how this was graded and how the it was ranked.

10:02:43

Um, I'd like to understand a little bit more about you know the resident input versus staff input and how it that all pleaded into it.

10:02:52

So I guess.

10:02:53

Okay, so the item's been deferred and it has a second uh Mr.

10:02:57

City uh clerk, would you call the on the deferral?

10:03:00

I have a question on the deferral.

10:03:01

If I'm not this is a procurement a procurement item.

10:03:07

We usually follow staff recommendation on procurement items, and I'm not familiar enough with all of this that has been discussed now.

10:03:18

Um I allowed, Mr.

10:03:22

Attorney, to be briefed by the procurement director, by the city manager on this without violating the cone.

10:03:29

I'm glad you asked because that was why I turned on my microphone.

10:03:33

If the contract is not awarded, the cone of silence will remain in place until such time as the contract is awarded or the procurement and we still be able to do that.

10:03:42

You can speak to the city manager because he made a recommendation, not to the procurement director.

10:03:47

So I can speak to the city manager.

10:03:49

Uh am I allowed to speak to the process.

10:03:50

You can speak to the manager and to me.

10:03:53

Am I allowed to speak to residents on the issue?

10:03:56

As long as they are not involved in the process, they are not affiliated to any of the vendors involved.

10:04:03

Okay, because I mean I didn't start with the committee or on the committee.

10:04:06

I'm sorry to interrupt.

10:04:07

I because I didn't start to receive concerns about this until late last night, when all of a sudden, you know, you read the memo and staff's analysis and the rationale for for selecting the vendor, it all makes sense.

10:04:25

And we usually don't meddle with procurements because there's usually a very, you know, defined process that we that we like to follow, and we usually like to follow staff's recommendation on this.

10:04:36

So to the extent that we do anything different, I would appreciate the courtesy of the deferral to better inform myself and to get better briefed by you, Mr.

10:04:45

Attorney, but you, Mr.

10:04:46

Manager, before we make any conclusive decision.

10:04:50

Commissioner Magazine.

10:04:51

Yeah.

10:04:51

I I don't typically deviate much from what's presented to us.

10:04:56

Uh I know when I had an RFP, I cared deeply about uh okay, yeah.

10:05:00

Uh okay.

10:05:00

Yeah, staff, it is what it is.

10:05:03

Um I don't I haven't talked to any of these firms.

10:05:07

I I couldn't even tell you who was one, two, or three.

10:05:10

Uh I know you've been very involved for years in the Byron Caro.

10:05:14

Um I trust your judgment uh and in many regards officially or unofficially defer to you.

10:05:23

Uh so if we're gonna vote on this here today, Commissioner Bada, I was gonna trust your judgment and go with you.

10:05:30

Um trusting somebody's judgment one way or another.

10:05:34

And I know you've been involved in this for years and years, so I'm gonna trust yours.

10:05:38

Uh if we are going to defer it, and given the limitations that we have why I was going to vote in favor with you, uh, part of it was to keep this process moving along.

10:05:49

But if there's the will of the body to defer it for another month, um does it make sense to have the two firms come here and speak in front of us because next month I'll tell you I'm gonna make the same calculated decision.

10:06:03

Well, do I take staff's recommendation or do I trust my colleagues that have been very intimately involved in this process for years, and I'm gonna side with my colleagues that have been very intimately involved in this process for years, but it would have some more merit if both of them presented in front of us.

10:06:20

I wasn't going to suggest that initially because I wanted to keep it on track, but if we're going to defer regardless, uh I'll leave it to you if you think that makes sense.

10:06:28

If not, I'm cool.

10:06:30

I think I told you we're all probably likely side in a month, but I'll leave that to you.

10:06:34

Are we even allowed to have the yes?

10:06:39

Yeah, public commission meeting.

10:06:41

I'd say I'd love to see them present to us and and then because if we're gonna make a decision, I if we're gonna make a decision, at least I want to have some sort of basis on it personally, and I think everyone else should.

10:06:53

And then we can make a decision there.

10:06:55

I mean, it I don't think it's fair to just say to one person, no, sorry, we just we sorry you wasted your time.

10:07:03

But at least in this with this scenario, they at least have a the idea to present.

10:07:09

So can we can we require them to come to the next city commission meeting?

10:07:13

Yes, I can make sure that they attend.

10:07:16

Okay.

10:07:16

Let's call the vote.

10:07:17

So this is on the motion to defer.

10:07:19

I have a motion by Commissioner Mattel Salinas, seconded by Commissioner Fernandez to defer to the June 24th meeting.

10:07:26

Yeah.

10:07:26

Uh all in favor, please say aye.

10:07:28

All right.

10:07:29

Anyone opposed?

10:07:30

The item is deferred to the June meeting, C2D.

10:07:34

Thank you.

10:07:35

Thank you.

10:07:36

It's called R7A D and R7 C together.

10:07:44

R7AD is settlement agreement among Penrod Brothers, CMB and Boucher Brothers Pierre Park.

10:07:51

R7AD, and then uh what was the second one?

10:07:57

R7.

10:07:59

And then we're hearing that with R7C amended lease and concession agreement with Penrod Brothers.

10:08:05

We first have to hear R7AD, correct?

10:08:08

That is true.

10:08:09

That is correct.

10:08:16

Mr.

10:08:16

Mayor, if I may.

10:08:17

Eric.

10:08:19

Um, so obviously this is something that we've uh had two shade sessions on.

10:08:25

Um this is the uh protracted litigation that we have had with and the boucher um uh solicitation.

10:08:40

And ultimately uh this is an opportunity to settle the uh pending litigation after multiple years.

10:08:49

It's an opportunity to bring some clarity to the situation and an opportunity to move forward in a positive direction with the um best use of that property at Pier Park, um, which is South Point Drive and Ocean Drive.

10:09:09

Um I would offer our team that's been heavily involved in this to provide any details if you want them, but primarily this is an opportunity to close out the settlement with a um a cash payment to Penrods coming from the boucher team, a extension through August of 2027 for the Penrod's occupation of the property and a opportunity for the Boucher team to have a five-year um option to extend their management agreement on the property or the the primary terms, and if you guys want to add any additional color.

10:09:57

I think that's high level, and if there's any questions, we can certainly answer.

10:10:00

And if there's any questions, we can certainly through the chair.

10:10:10

Need a motion?

10:10:11

Or move it.

10:10:13

A motion uh on both items.

10:10:15

But we're first doing R7AD.

10:10:17

Commissioner Suarez.

10:10:19

And just for the record, the the item R7C is to approve the Penrod lease extensions, uh, which are contemplated by the settlement.

10:10:30

We will be coming back in July to present the Boucher contract amendment, which is also part of the settlement, but it's not quite ready for prime time yet.

10:10:38

And we're doing it separately because R7C is a public hearing.

10:10:41

So uh R7AD, I have a motion by Commissioner Suarez, second to buy.

10:10:46

Second.

10:10:50

Aye.

10:10:51

On R7C.

10:10:53

May I have the same makers, Commissioner Suarez and Mayor Minor?

10:10:56

Yeah.

10:10:57

Um it is a public hearing.

10:10:58

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

10:11:01

So on R7C, all in favor, please say aye.

10:11:04

Aye.

10:11:05

Anyone opposed hearing none, R7C is uh it passes, and there were no public members of the public requesting to speak.

10:11:16

Thank you.

10:11:16

Thank you very much.

10:11:17

Thank you.

10:11:18

So we got the map in the live.

10:11:22

So the Penrod concession agreement amendment needs to go to the planning board in July, and then it will come to commission on July 22nd.

10:11:35

I'm sorry, the Boucher contract amendment.

10:11:45

Um like to call up our fire chief Dignabello before I call the next item.

10:11:52

Um we all suffered uh a loss this past week with mental health being uh critical component of it.

10:12:03

And uh couldn't let this meeting pass without acknowledging what uh your fire department is going through with this loss, yeah.

10:12:15

Um just a couple hours ago, I was at uh at a church um reading a eulogy and bearing a friend.

10:12:32

So yeah, it's hard to you know do my duties of being a fire chief and have to serve our residents at the end of the day and make sure that um I'm here because I need to make sure that every single day our public safety is being addressed and still functioning.

10:12:57

Our world is gonna keep going for the next 24 hours.

10:13:01

Uh um 10 individuals that I sent on duty to go and pay the respect to their classmates are back on the trucks.

10:13:11

So yeah.

10:13:14

Um, you know, unfortunately, it's it's normal for some departments because it's happening so frequently.

10:13:24

And I can tell you that I I just propose one question to every single human that's inside this chambers.

10:13:34

How many colleagues do you know that's committed suicide in your job?

10:13:42

And I've had two, two in two years in a hundred-year history of our department.

10:13:49

Um had eight in the fire chiefs uh leadership, and just six months ago, he had another one.

10:14:01

So it's difficult.

10:14:05

And as your leader, as a human, as a mom, yesterday was my son's 11th birthday, and I had to get his godfather, my colleague, my best friend who was hired with me to take him to the arcades because my son thought that I was coming to work to sing him happy birthday, like they normally do.

10:14:29

And I had to like tell him no, I'm not joking.

10:14:32

And he goes, Yeah, yeah, you are.

10:14:35

And um, I had sent PJ the picture earlier, and you know, because it's something it's a firefight tree.

10:14:44

We're always pretty prank on each other.

10:14:47

And this was a picture of the same group of individuals.

10:14:50

This was C shift, and he thought that we were coming to work.

10:15:00

No, no, it's just because his mom forgot her jacket to the funeral that she was supposed to attend to.

10:15:04

So I had to get my best friend to take him to the arcades so I can go and be there present.

10:15:14

Um for the viewing and today as well.

10:15:18

And you know, I was a one of the four people that was at the house to watch my friend, 18 years known on this job in the condition that he was in, and I would have never known because I had just seen him two days before.

10:15:36

He had just taken my bags out of my car, and you can't tell.

10:15:44

And you know, it's difficult.

10:15:47

Chief, you questions.

10:15:52

You you you made some it's alarming how often this happens to firefighters.

10:15:59

Why?

10:16:00

Why do you think this is why do you think that is, and how can we help?

10:16:05

So I can tell you, and I you know, I don't want to speak on behalf of the police chief, but I have a very close relationship to the police department.

10:16:16

And we have to almost like desensitize ourselves.

10:16:22

Like you can go home and just had a horrible day, and now you have to change your hat and be a parent.

10:16:31

Forget about the day that you just had those individuals that went to the sailboat accident.

10:16:38

I just a couple weeks ago, the guy just got charged.

10:16:41

We we just were just getting over that incident, and now those two young men who've had less than two years on the job, who are 23 and 24 years old, may have to relive, look at pictures, relive that whole entire day all over again.

10:16:59

So it's because we are here 24-7.

10:17:02

Um, you know, corporate America goes home.

10:17:05

But again, I'm not speaking just for firefighters.

10:17:08

I have dispatchers that are answering 911 for police, fire, resident, the public works, you know, uh single, yes, that was a brand new fire engine.

10:17:22

Um, and they were going to someone's house that was flooded at three o'clock in the morning.

10:17:28

The last thing I can't even imagine, they probably like pooped themselves in that truck because you're just driving down the road and all of a sudden.

10:17:36

So all of these things is compounded and it's years of trauma.

10:17:41

I can tell you I had a motorcycle accident at the Julia Tuttle, and when I arrived on scene, I go, hey, listen, I think she's you know, 45, 45 is dead on arrival.

10:17:52

And I lifted up the girl's um face shield on her motorcycle and from her motorcycle helmet, and she rode the guardrail on the Julia Tuttle with her body.

10:18:02

Okay, she wasn't wearing the leather pants, and she was mangled, but her nails were perfect, her toes were perfect, but she wasn't wearing the right pants.

10:18:14

And I lifted up her helmet shield, and she goes, Please don't let me die.

10:18:17

I was like, please don't let me let me die.

10:18:22

And I can tell you approximately four years after that day.

10:18:27

Um she died, she did it, but I'll tell you the story on that one.

10:18:31

I was interviewing a firefighter, I was a background investigator at the time, and I'm like, Why are you applying here?

10:18:37

Because you you come from a good department.

10:18:39

He goes, Because you saved my cousin's life.

10:18:41

I go, who?

10:18:42

And he goes, Don't want a motorcycle.

10:18:44

I go, what?

10:18:45

I go, she lived, and he goes, Yeah, how is she?

10:18:48

She had her leg amputated, and he goes, but don't worry, she's still riding motorcycles.

10:18:53

And that was like four years later.

10:18:55

So I think it's just a compounded um, you know, trauma, and you're asking them to stop one call, go to next, stop one call, go to next, and eventually, you know, I can't walk into a restaurant and act normal like normal people.

10:19:10

That's my wife.

10:19:10

She's like, You're OCD.

10:19:12

Why?

10:19:12

Because it's like programmed in my head.

10:19:14

I want to face the exit, I want to face the doors, I don't go in, I don't, I know that if there's an emergency, I won't come in or go out the same door I came in.

10:19:24

It's innate, it's ingrained.

10:19:26

I'm not here to for a pity party or anything, but to understand that what us, fire department, public safety servants, so dispatchers, my ocean rescue guys had a construction accident on ocean drive, police officers, like to ask us 24-7.

10:19:46

I can't tell you last memorial day I was off with my son.

10:19:49

I can't tell you a spring break.

10:19:52

You know, this morning I'm writing the eulogy, and I was like, you know, rolling over those hours.

10:19:56

I'm one of those that I lose my hours.

10:20:00

Um, you know, will be losing my hours every year because there's just not enough time in a day to take off.

10:20:09

And you know, Commissioner, to your question, it's because it's 24-7, because our clock does not end at five o'clock, the problems still go.

10:20:20

Um if an accounting and finance, like you know, it's all Jason.

10:20:25

When your worker is missing, all right.

10:20:28

We we just ride that day without the workers.

10:20:30

If the lawyer's not here today, we just write the day.

10:20:32

Not here.

10:20:34

I'm gonna do it, just have a fire truck with three people on it.

10:20:36

Oh, someone just called out two people, you can't.

10:20:40

So now I'm bringing in firefighters forcing them on overtime because it still continues.

10:20:46

Um, and we're here.

10:20:48

This gentleman gave 18 years of his life to this city.

10:20:53

I'm at 23 years.

10:20:54

I got hired when I was 21 years old.

10:20:57

Um, you know, and and it's hard, and it just doesn't end here.

10:21:01

You know, my wife is watching this because she feels like if she doesn't know what's going on, then she won't be in my life because I go home and I'm just like and it's it's we chose this life.

10:21:16

I chose this life.

10:21:17

How can we make it better?

10:21:19

Yeah, and I think it's probably a good time and thank you.

10:21:23

And I was kind of teeing up the discussion.

10:21:25

Um, but Commissioner Bond has an item.

10:21:27

Let's call that item so we can sort of discuss it together because that's what you're getting into now.

10:21:32

R7AB.

10:21:34

Uh thank you, Commissioner Bott, and also co-sponsored by Commissioner Mateo Salinas.

10:21:38

But I think that's a good question.

10:21:38

And PJ, I would like to excuse me.

10:21:41

I I would like a direct answer from the chief.

10:21:44

Well, we're gonna get into it.

10:21:45

But I would like to hear it from the chief.

10:21:48

How can we make it better for you?

10:21:50

And respectfully, Commissioner, I I I know you have I you have a great proposal on, but maybe there's something else.

10:21:56

I wonder if the direct.

10:21:57

Well, I'm I'm I'm actually calling the item because obviously the chief can continue, but it there they're all related.

10:22:03

So let's let's let's call the item so we have something.

10:22:06

So R7ABs at a full-time mental health coordinator position for Miami Beach Fire Department.

10:22:11

PJ, can you pull up this slide?

10:22:19

Um, you know, this is an item that we discussed last year, and it didn't make the cut.

10:22:25

And um I will tell you uh Digna, I don't know how you're here today.

10:22:31

You are a tower of strength.

10:22:33

Chief Jones, I know you've done the same thing as Digna.

10:22:37

Um maybe not exactly literally with the same hours between you eulogizing somebody and coming to commission to talk about what your needs are.

10:22:47

You know, we talk um we're pretty cavalier about we we respect and honor and and and revere our public safety departments, the fact that people will run into a burning house or a flooded house or towards gunshots when everybody else gets the hell out of there.

10:23:06

We're very cavalier about well, do they really need new equipment?

10:23:11

Do they really need this?

10:23:13

Do they really need that?

10:23:14

Um I was literally in an event the night the night that this happened.

10:23:24

Eric, you and I talked as I was driving home.

10:23:27

And at this event, I had the opportunity to meet a Miami Beach resident who is a practicing psychiatrist and a teaching psychiatrist at University of Miami.

10:23:36

Um I was bragging to him about how great the fire department and the police department are at dealing with mental health issues in fields that normally do not take these issues on because everyone is too cool for school, too tough to admit that they need help.

10:23:56

And um, and I was I'm so proud of the work that you both do collectively, and how the police department maybe has a little bit of a head start, but digna out your leader leadership, um, you're catching up fast, and how you guys collaborate, you share resources as best you can.

10:24:16

Um when I heard the details of what happened, that the friend and a son together.

10:24:32

It was um beyond triggering to me personally, because my daughter and I found my other daughter together.

10:24:40

So that doesn't affect budgets, it doesn't affect anything else, but um I will tell you that I can't talk about this still without really going um having a hard time.

10:24:52

And so I would suggest that this is the time for us not to quibble about adding a full-time person to the fire department.

10:25:00

Um EAP is an amazing resource for non-critical issues, a good place to start if you don't know where else to start.

10:25:08

But last year, Digna, I'm sorry, Chief of Bellow, Diggy, because I love you.

10:25:14

Um gave up two stretchers to find funding to try to get somebody on board full-time.

10:25:25

How many more firefighters are we gonna lose before we decide that funding a full-time mental health professional for the fire department is the right thing to do for the city?

10:25:34

We ask them to work ungodly hours in horrific conditions.

10:25:40

And the thing that pisses me off, man, when I hear from people saying the firefighters, they don't need new equipment, they don't need a new station, they don't need this, they don't need that.

10:25:48

We don't even have fires in Miami Beach.

10:25:50

You know why?

10:25:52

Because they're there stopping them before they start.

10:25:54

There's they're stopping the gas leaks, they're they're evacuating buildings, they're there dealing with this stuff.

10:26:00

Not to mention that the woman who ran the rail on her leatherless motorcycle.

10:26:06

Like the stuff these people see every day, thank God not every day.

10:26:09

Some days I'm sure are not terrible, but too many days are freaking horrific.

10:26:14

Most of us would take years of therapy to undo that PTSD.

10:26:19

These guys and guys being a gender-less term, these men and women in blue and in red go from one call to the next call to the next damn call, then they have to go home and deal with family stuff or not, then they have to deal with some crazy boss, then they have to deal with some knucklehead in traffic the way we all do.

10:26:39

But their trauma level cannot be understated.

10:26:43

And for anybody who hasn't dealt with this firsthand, you are so lucky.

10:26:48

There is no undoing one trauma without years of work, let alone multiple in the course of a day or a week or a month or a career.

10:26:58

So let us fully fund this position.

10:27:02

Let's do it here and now.

10:27:03

Let's get it started this year out of the general fund reserves or whatever the proper terminology is, and then fund it in perpetuity going forward in the budget, starting with our budget process for next year.

10:27:16

But I'm not waiting till next year.

10:27:18

And I I invite my colleagues to do the right thing before it takes another life.

10:27:24

With that, I move the item.

10:27:27

Yeah, I actually want to usually I go to my colleagues for I do want to hear from Eric.

10:27:32

Um so I just want to say first and foremost, a huge thank you to the entire fire department and all that they do every single day to keep this city safe.

10:27:45

Um, you know, I can't imagine what they're going through right now and still having to work through it is extremely difficult.

10:27:55

But um what I said to the chief the first night was we're not gonna lose any more.

10:28:03

That's right.

10:28:04

And I committed to her whatever it is that we need to do to make that happen.

10:28:11

I'm on board with this commission passed replacement of the self-contained breathing apparatus and the bunker gear today.

10:28:22

Huge, huge investments in the equipment for the fire department.

10:28:26

I'm extremely grateful for that.

10:28:29

Last year during the budget cycle, the chief and I sat down and we talked about how do we transition into where we wanted to go.

10:28:37

We agreed we would fund the temporary position last year, and we would find a way to fund the full-time position this year.

10:28:49

Commission wants to, you know, advance that a little bit.

10:28:52

We welcome that.

10:28:53

Obviously, Chief and I are still gonna have to figure out how to fund that, but we will figure it out.

10:28:58

Um, but we don't want to lose another one.

10:29:01

So thank you for everything the commission has done up until this point, and I appreciate for all the support that we've had from the community and the commission for the department during this difficult time.

10:29:15

Mr.

10:29:15

Mr.

10:29:16

Mayor.

10:29:16

No, no, we have uh uh Commissioner Vicemor Dominguez, Commissioner Mateo Salinas.

10:29:22

Uh Chief, I so heartbreaking what the fire department is going through.

10:29:27

I echo what my colleagues say.

10:29:29

I'm so grateful for Miami Beach Fire for your leadership, and wanted to do everything that we can to help.

10:29:37

So this item that we currently have for um a health coordinator, is that enough?

10:29:43

Do you need more?

10:29:44

Sh it's can we make amendments?

10:29:46

What can we do to help your department?

10:29:49

And and I can tell you that it's not going to be 100%, but I can tell you that it's in the right direction where Miami Dick County has had four on staff.

10:30:00

You know, it's a program.

10:30:01

It's basically a program that needs to be evolved based on best practices or standards.

10:30:06

And and for instance, there was an LTC that came out a couple weeks ago regarding the school behavioral health counselor.

10:30:13

And if you notice those numbers, they skyrocketed from 1370 to 2522.

10:30:19

Um, because the data's there.

10:30:22

And these are little kids.

10:30:23

My son had a classmate that got a phone call from the father.

10:30:28

The school got a phone call from the mother, like took her life.

10:30:32

Because, and now this little boy and the family and everything has to be, but look how important it is starting it at the school level, where there's one nurse that's going around.

10:30:41

And if you look at you know what she was doing, um mental resiliency, emotional IQ, um, it's everything.

10:30:49

It's not just PTSD.

10:30:50

It's being able to have someone there instead of waiting two weeks, three weeks, or the employee assistance program where it's a jack of all traits, helps you with your taxes, helps you with a divorce, helps you with all these things, versus someone that we know is there on our behalf and the betterment for us with our retribution, without fear of losing your job.

10:31:12

I I don't need it, you know, fear of that and a safe place where it's readily available, and that's just a start.

10:31:20

Again, I might dispatcher ocean rescue.

10:31:22

Um, the police department, I've been using their their hostage negotiator to come and do the the briefings, debriefings at our fire stations, because it it needs to evolve, and the men and women need to know that there's other resources available to talk to someone that can say, hey, by the way, we can get to the other side of this divorce is not going to end.

10:31:48

And unfortunately, that's what happened with this gentleman that day.

10:31:51

Um, he went to court and he was losing his life, basically what we call our lives.

10:31:56

He'd been working so hard for 18 years, and he just didn't know how much he was loved.

10:32:02

Um, you know, so it is that gonna be the 100%.

10:32:07

It's not, but I can tell you it's the right direction to start somewhat somewhere where it's not gonna be up, you know.

10:32:15

Sorry, I have this like flight like buzzing around here like a noceum.

10:32:19

Um, you know, but it's a start in the right direction.

10:32:23

Um, you know, if if I had a wish list of things, I'd be like, okay, look, these are all the different things that I need, but at a minimum, this is a start to know that the continuity and the resiliency in the program can develop um, you know, and we can mirror our counterparts with the county.

10:32:43

Uh, not for us to always have to be dependent on other agencies to come and offer it to our men and women.

10:32:51

Commissioner Fernandez.

10:32:53

Oh, I'm sorry, Commissioner Mathias Linus, I apologize.

10:32:56

Chief, my deepest condolences for your loss and for the fire family's loss and to every firefighter, um, every person that you have on the on staff and on your team.

10:33:08

My deepest condolences.

10:33:10

And I'd like to um respectfully urge you to take bereavement leave.

10:33:16

The fact that you're here right now is just mind-boggling, and you deserve some time off and some time away.

10:33:23

As does your team.

10:33:25

So I'd like to suggest, Mr.

10:33:27

Manager, if we can um ask for county assistance so that way we're not um forcing people to work and we allow people to take some bereavement leave immediately, if that would help you to whomever wants it to take a couple days to step away, to be with their families and great.

10:33:53

I appreciate it.

10:33:54

And thank you, you know, um, Commissioner Fernandez and Monica that you guys um, you know, were there with me last night.

10:34:02

I know when I had just left at 745 to go meet my son to cut his cake.

10:34:07

Um Mr.

10:34:08

Manager came as well.

10:34:10

Um, but thank you for Alice uh allowing me to introduce you, you know, the the gentlemans that are even more impacted because they feel that they miss something by not seeing it, you know.

10:34:28

Through the vice mayor.

10:34:30

Yes, uh Christian.

10:34:32

Thank you.

10:34:33

And Chief, you know, echoing the condolences to the entire department that you see the love and the support that the men and women of the fire department have for each other, and I think it's a demonstration of the human quality of the individuals who who we have working in in that department.

10:35:00

The is a reflection of who Hans was when you see the amount of firefighters who filled that funeral home.

10:35:09

By the way, filling a funeral home in Westchester in Miami Day County is not easy.

10:35:14

And they were all there in numbers, and what you would hear resonated that he had courage, he had compassion, that he was selfless.

10:35:25

That was what resonated in what and what people were saying.

10:35:30

But this tragedy can't be in vain.

10:35:34

This this tragedy can't be in vain.

10:35:37

It has to be, it has to be a reminder, a painful reminder, that even those who spend their lives helping others may quietly be struggling themselves.

10:35:50

And we're here for you always.

10:35:52

Whatever you need, whatever your department needs, whatever resources, financial resources, positions.

10:36:01

We've always been there with you.

10:36:03

We will always continue to be there with you.

10:36:07

And to our community, our family of employees and our residents out there.

10:36:13

We need to keep on speaking up, speaking up about mental health.

10:36:20

We need to check in on one another.

10:36:23

We need to seek help when needed.

10:36:25

We need to take away the taboo that oftentimes surrounds that.

10:36:31

It takes a lot of courage to speak up and doesn't make you any less of a man.

10:36:38

Doesn't make you any less of a firefighter, any less of a police officer, because that takes great courage to seek that support and to display your vulnerability.

10:36:53

That's a great strength in and of itself, and we'll always be there to support your your officers.

10:37:01

Chief, thank you.

10:37:02

Thank you for coming there.

10:37:03

And speaking from the heart, I I literally can't imagine what it is for you right now to be here and speaking.

10:37:11

And I I think you said it so eloquently that we don't know what's going on in people's lives.

10:37:16

Like you said, you were with them two days before, and you don't know what somebody is dealing with in their personal life, if they're understandably not wanting to share it at work.

10:37:27

I would like to ask our HR director Marlett to come up and share some of the things we we do for mental health.

10:37:35

I think that'll help with the discussion as we make decisions going forward.

10:37:41

Mr.

10:37:41

Mayor.

10:37:43

David's uh Commissioner Suarez, then Commissioner Bot after after Marla speaks.

10:37:47

Thank you to the Chair Marlowe.

10:37:49

He's our human resources director.

10:37:52

Um the city does have a um a robust EAP program.

10:37:56

It's an employee assistance program.

10:37:58

It is free and available to every single employee and person in their household.

10:38:04

I think I like to say to people we we all come to work and we know we have a paycheck and we know we have health insurance, but we also have this other very valuable benefit, which is I believe you said a great starting point.

10:38:18

A EAP can be to finding the resources that a person might need to help them cope with any kind of challenge.

10:38:24

And we are frequently, frequently reminding employees that that is free and confidential and available to not just the employee, but every person in the employee's household.

10:38:35

And so um we encourage everyone to remember to to take the time to speak to your coworker and take the time to speak to each other and say, do you need do you need um you know a smile today?

10:38:51

Do you need a hug today?

10:38:52

Do you need me to help you with something today?

10:38:55

Those those overtures that we can just take a moment to do can really help um show how we care in the workplace and to each other.

10:39:05

Um we each employee health plan, whether it is the city's Cigna plan or the police or fire health trust also have behavioral health um benefits that are quite robust.

10:39:18

And those are the starting points for um knowing uh how to take care of ourselves and take care of our own mental health.

10:39:27

Um the city does have a wellness program.

10:39:30

There's a great um tie between our health and well-being and the ability to uh take care of our bodies so that we are um exercising, eating right, and um maintaining our health.

10:39:43

So those are the types of things that we do as an institution to provide avenues for our employees.

10:39:49

Um clearly I am in full support of what the manager and the chief are saying that you know when we need to do more.

10:39:57

Um we probably need to rethink and do more.

10:40:00

So I am just offering what we offer now is the um baseline of what we have, and that it is available, and um we have each other and we have these resources, but um we do want to be supportive of what the manager and the chief are saying that in this case, police and fire and the uh public servants that are in these arenas, um, they are special and they do need special support.

10:40:29

Commissioner Suarez.

10:40:31

Thank you, Mr.

10:40:32

Mayor, Chief.

10:40:35

Simple question.

10:40:38

What can we do?

10:40:40

Uh to start, I think that having this behavioral specialist that is more in tune of what's going on with the world around us is a start.

10:40:53

Um, you know, I've been trying to that individuals from all spectrums, it's not just a regular behavior specialist, it's someone who knows the world that we live in, knows the sacrifices, knows the language, um, you know, and something that I I would love to have our police department also be cohesively involved because it's so much easier when we're all putting in the sandbox together than in silos.

10:41:21

And I I think it's a start.

10:41:22

It's a start to where we need to be um, you know, in support of the greatest city in the world.

10:41:31

And you know, in 2025, this is a conversation I'm having, but it's better now than never.

10:41:38

Um, I started the peer support uh aspect of it in 2014.

10:41:43

You know, we got our emotional support dog deco that is still getting trains to not poop in in the cars when we take them to places.

10:41:53

Um, but there's there's data to support it.

10:41:56

Um, but I think it is a start, the resiliency and that everyday individual that that is their specialty, not calling me on a Sunday at seven o'clock that you broke up with your girlfriend.

10:42:08

Um, because there's only so much that I can speak to that before now I become the blurred lines.

10:42:16

You're fire chief, you're gonna get mad, I have to call out because my girlfriend's mad.

10:42:20

And I don't ever want to give anyone that optic that first of all, I'm digna first when someone is calling me like that.

10:42:29

Like I make sure I take all of that out because I'm worthless at that point if I don't have the human component.

10:42:38

But I have to be able to have someone that is a professional that built relationship with this individual, and they're they're there every every day, not something that's gonna be up for grabs in two years once you've established our relationship.

10:42:56

Laura.

10:42:58

Um there's a motion on the table.

10:43:00

I would like to fund this through reserves, just get you started right now.

10:43:05

We're only in May.

10:43:06

I don't want to wait until next year's budget process.

10:43:09

Um Eric.

10:43:12

I want to get it funded through reserves this year.

10:43:14

I don't know if Jason's still in the room, but I'd like the support of my colleagues, and then we can figure out where we're gonna fund it going forward.

10:43:20

But this isn't to me, this is not a discretionary item that gets cut from year to year.

10:43:25

This is this is a critical piece of life safety equipment for our firefighters.

10:43:30

Full.

10:43:31

We'll make it happen.

10:43:32

And just and just I just clarification if I made through the vice mayor.

10:43:36

Yes.

10:43:37

Thank you.

10:43:38

Um, and this is this builds upon, I just want to make sure the EAP that our HR director mentioned, and it builds upon the mental health specialists, Mr.

10:43:46

Manager that we funded last year.

10:43:48

Correct.

10:43:49

Okay.

10:43:50

So does this builds upon it's not in lieu of is not taken away, is it builds upon what we already funded last year and what we already have today with the EAP and mental health specialists.

10:44:01

We will absolutely be adding resources to the department to make sure they have what they need.

10:44:06

And thank you, Mr.

10:44:07

Manager.

10:44:07

And just to build on what you said, Chief.

10:44:11

And the EAP stuff is really great, Marla.

10:44:14

I'm not minimizing that at all, but this is different.

10:44:16

This is like saying to a combat veteran who just came home from deployment, call the EAP folks, they'll help you sort it out.

10:44:23

You need somebody who speaks the language, who's been there, who's been in the trenches.

10:44:27

EAP is great for a lot of lot of things, and maybe that's where the person ends up, but you need somebody who knows the life, who understands the pressures, who's been there, um, who speaks the language, and it it's critical.

10:44:40

It's not easy to find necessarily, but we need to we need to make sure.

10:44:44

And you've heard me say this.

10:44:45

The chief, the other chief behind you has heard me say this.

10:44:49

I mean, so many people in the field have heard me say this.

10:44:53

I've been very open about Julia's struggles, and thank God she's here and thriving 11 years later.

10:44:58

Thank every God known to man.

10:45:00

Um and to some incredible mental health professionals.

10:45:04

Because she wouldn't be here without them.

10:45:06

And asking for help is never a sign of weakness.

10:45:12

It is always a sign of strength, because for a lot of us, it is the single hardest thing you'll do.

10:45:18

And so we want to make that ask so easy for your team and for Chief Jones team.

10:45:26

When people need help, we don't want to make it harder for them to feel like they can find that help.

10:45:33

So I move the item.

10:45:36

Can we call the vote?

10:45:37

And uh, Mr.

10:45:38

City Clerk, I'd like to co-sponsor this as well.

10:45:42

We can call the vote.

10:45:44

So I have a motion by Commissioner Bott, seconded by Vice Mayor Dominguez, with Commissioner Dominguez as a co-sponsor.

10:45:53

And Joe too.

10:45:54

Okay, so I have co-sponsors, Commissioners Dominguez and Magazine.

10:45:57

Uh all in favor, please say aye.

10:46:00

Aye.

10:46:00

Anyone opposed?

10:46:01

The item is approved seven zero or seven AB.

10:46:04

Thank you.

10:46:05

Chief, thank you for I think I think we're all gonna come down and give you a hug.

10:46:13

Thank God I don't have OCD, right?

10:46:17

Well, thank you, and thank you for being here and sharing opening up your heart to us.

10:46:23

Wow, what a way to end the meeting.

10:46:32

Thank you, and may God bless us and watch over all of us.

Discussion Breakdown — Share of Meeting
Public Safety██████████████████████22%
Procedural██████████10%
Transportation Safety██████████10%
Pending Litigation█████████9%
Water And Wastewater Management█████5%
Community Engagement████4%
Public Engagement████4%
Fiscal Sustainability████4%
Active Transportation████4%
Summary of Proceedings

Miami Beach City Commission Meeting - May 20, 2026

The Miami Beach City Commission met on May 20, 2026, at City Hall to address a wide range of topics including public safety, infrastructure funding, micromobility regulations, and employee benefits. The meeting featured extensive public comment, discussion of a water rate moratorium, adoption of ordinances, and approval of key contracts.

Consent Calendar

  • Approved the appointment of Debbie Tackett as Planning Director.
  • Approved multiple consent agenda items including resolutions for water taxi program, Lincoln Road BID amendment, and various procurement items.

Public Comments & Testimony

  • Ken Barnes called for the resignation of Commissioner David Suarez, alleging he used billboard trucks to target constituents and engaged in anti-Semitic behavior.
  • Shannon Bustamante opposed a proposed shark fishing ban, citing its impact on local fishing traditions and youth programs.
  • David Ballard requested enforcement of intersection blocking laws on Harding Avenue near 75th Street, citing safety hazards.
  • Mitch Novick opposed water rate increases and criticized the city for adding 500 employees and doubling its budget under City Manager Eric Carpenter.
  • Angie Zafadi (Sodexo worker) requested restoration of free parking for employees at the 17th Street garage, noting that the benefit had been reduced.
  • Gregory Rogano warned that Miami Beach drinking water is highly contaminated with PFOS chemicals at levels 1,000 times the EPA safety threshold, and urged the city to warn residents.
  • Milagros Acosta Delgado raised awareness for Multiple Sclerosis and invited the community to a brunch event.
  • Eric Marshall requested removal of newly installed railings on the Baywalk at 10th and 14th Streets, calling them unnecessary.
  • Rich Santalysis thanked the commission for supporting the new farmer's market in North Beach.
  • Several virtual callers supported the water rate moratorium, opposed historic district color requirement suspension, and criticized Commissioner Suarez for targeting Jewish Voice for Peace members.

Discussion Items

  • Anti-Semitic Vandalism: Mayor and commissioners condemned the defacement of a rainbow bench with swastikas and "Adolf was here" stickers. Germany's Consul General Christopher Berger expressed solidarity and condemned the act.
  • Water Taxi Program (R9AG): Transportation Director Jose Gonzalez reported average daily ridership of 1,000. The city is seeking funding to expand service to weekends and add north-south routes. Discussion included potential advertising sponsorships and a small fee, but commissioners favored keeping it free if possible. Approved resolution to continue seeking funding and explore a lobbyist for county support.
  • End Resident Tows (R5D) and Freight Loading Zone Reform (C7AS): Commissioner Fernandez presented a reform to reduce immediate towing for residents' non-safety parking violations, replacing it with citations and a text-before-tow system. A companion ordinance standardized freight loading zone hours to 7 a.m. - 3 p.m. citywide. Both items adopted unanimously.
  • Scooter/Motorcycle Permit Fee (R9Z): Commissioner Suarez objected to the administration's plan to impose a fee for residents' scooter/motorcycle parking, arguing it should be a commission decision. The commission voted unanimously to prohibit the fee and directed staff to return with a no-fee registration plan.
  • Animal Ordinances:
    • R5J: Modernized animal cruelty laws, allowing rescue from hot cars and empowering code officers and park rangers to enforce. Adopted first reading.
    • R5G: Amended turtle nesting ordinance to restrict beach events with lights after 9 p.m. from May 1 to October 31. Adopted first reading.
    • R5I: Created a grace zone for dogs at the unfenced South Point Dog Park to avoid fines for straying. Adopted over concerns about enforceability.
  • Elevator Inspection Protocol (R7F): Commissioner Magazine introduced an expedited inspection process for single-elevator buildings. Commissioner Suarez added a moratorium on fining buildings for expired certifications until all city elevators are up to code. Both measures adopted.
  • City Commission Workshop Pilot Program (R7H): Approved to hold monthly (every other month) informal sunshine meetings starting in September, limited to 3 hours, with limited staff and no votes.
  • Agenda Limits (R5P): Commissioner Mateo Salinas proposed limiting new ordinances to 2 per meeting and new resolutions/referrals to 4 each. Adopted first reading with a five-sevenths vote waiver for emergencies.
  • Byron Carlisle Cultural Center (C2D): After debate over the procurement process awarding Stantec first place, the commission voted to defer the item to June for presentations by top two finalists.
  • Water Rate Moratorium (C7AI) and Capital Millage Referral (C4T): The commission adopted a six-month moratorium on water/sewer rate increases (vote 4-3, with Commissioners Bott, Dominguez, and Mateo Salinas dissenting). A companion referral (C4T) to the Finance Committee to explore dedicating capital millage to infrastructure projects was approved unanimously.
  • Micromobility Ordinance (R5AA): Commissioner Bott presented a comprehensive ordinance requiring lights, helmets for under 16, and other safety measures. Adopted first reading with a commitment to add a first-warning provision before tickets for minors.
  • Penrod/Boucher Settlement (R7AD, R7C): Approved settlement to end litigation, including a cash payment to Penrod, lease extension to August 2027, and a five-year option for Boucher to manage Pier Park.
  • Mental Health Coordinator for Fire Department (R7AB): Commissioner Bott motioned to fully fund a full-time mental health coordinator for the fire department, following a recent suicide. Approved unanimously with funding from reserves for the current year.

Key Outcomes

  • Water Rate Moratorium passes 4-3, halting increases for six months.
  • Capital Millage Referral (C4T) approved 7-0 to explore alternative funding.
  • Micromobility Ordinance (R5AA) advances with first reading.
  • Mental Health Coordinator for fire department funded immediately.
  • Scooter Permit Fee prohibited by unanimous vote.
  • Elevator Fine Moratorium adopted until city elevators are compliant.
  • Animal Cruelty Ordinance (R5J) updated with modern enforcement tools.
  • End Resident Tows (R5D) and freight loading zone reforms adopted.
  • Penrod Litigation Settlement approved to resolve long-standing dispute.
  • Commission Workshop Program approved to foster holistic discussion.

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. But let's get let's get started. Turn it over to our city clerk, Raphael Granado for any uh pertinent instructions. Good morning. 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 the Zoom. You can also phone in at three oh five two two four nineteen sixty-eight or toll free eight eight eight four seven five four four nine nine. Again, the local number is three oh five two two four nineteen sixty-eight. 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 like 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 number 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're 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're an expert witness or a nonprofit or neighborhood rep, you do need to submit a written disclosure form to the office of the city clerk before speaking with a 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 fees are not permitted to compensate lobbyists. If you plan to speak during the public comment period today, we request that you sign in. You could sign in using the QR codes located on the on the dais on the podiums. Good morning. Pursuant to section 286.011, subparagraph 8, Florida statutes. As city attorney, I hereby advise the mayor and city commission that I desire advice concerning the following pending litigation matter. Penrod Brothers, Inc. versus the City of Miami Beach, and Boucher Brothers. Case numbers 2023-16657, CA01, 2023-56 AP012, 2023 CV 23362, and 2025 13415. These cases are pending before the Florida 11th Circuit, Civil Division, Florida 11th Circuit, Civil Appellate Division, Southern District of Florida, and the 11th Circuit, respectively. Therefore, a private attorney client session will be held during the lunch recess of the city commission meeting in the city manager's large conference room on the fourth floor of City Hall to discuss settlement negotiations and/or strategy related to litigation expenditures. The mayor will announce the commencement of the attorney client session prior to recessing the commission meeting. Okay. Thank you for being here and your lovely wife Dina for being here as well. Before you start your invocation, I just uh have to say thank you. Uh not just for me, but really Miami Beach. You've I've seen the transformation that you have done in uh in North Beach and building a community there. Also working together closely, for example, with Normandy Fountain Business Association and David Sexton and others. It's uh it's a real true community, and we're thankful and blessed to have you here today. Humbled by your words, and I thank all of you for all the support for the community. And um, just share a few words of of thought and prayer this morning. Um, in honor of um behalf of the commission and the mayor and the great people of Miami Beach. We're sitting before an auspicious time in the Jewish calendar, which is the holiday of Shavuot, the holiday when we got the Torah, where we got the the word of God, as it were, um, right in front of Mount Sinai. And something very special happened there. The whole nation of Israel came together. It says, as one people with one heart, as though they were just one person. And we found that when that happened, amazing things happened. That when they came together, God was with them.

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