e e e e e e e e e e e e e e e e e e e yeah e e e e e e e e e e e e e e e e for e [Music] is Fortuna in the uh in the break room I don't know just dark all [Music] [Music] right all right yall you good okay all right we're fine I'm going I got I know what to do all right good evening everybody I wanted to welcome everybody to the city of North Miami Beach um commission meeting of April 16 2024 um can we get a roll call please M clerk commissioner shof here commissioner floron notified me that he is out of town it will not be attending tonight's meeting commissioner Jean here commissioner Joseph here commissioner Smith present vice mayor smuckler present mayor Evan Piper here Mr Mayor you have cor you're ready to proceed thank you all right I want to um move on with the invocation this evening instead of a invocation we're going to have a moment of silence for um a pastor ad Lenoir who is uh had an untimely passing and um I know that commissioner Joseph has a couple words to sayk thank you um Mr Mayor um as you all know um um Pastor lenar uh was a uh prominent person in our community not just in North May beach but throughout South a and North Aid and up in Broward and throughout this whole state he was very active and giving back he and he tragically lost his life a couple of week a week and a half ago if not more um ously and he has a beautiful family and our thoughts and prayers um in behalf of uh this commission and and behalf the entire city goes out to his family and and to um to pray and to give him solace in this terrible time of theirs as you know this is just one other example of why life is so short and can end very quickly so I just wanted to add my thoughts I know commissioner smuckler know knew ad as well if you want to add some thoughts yes thank you so much I actually met ad because uh there was a a problem with an employee a few years ago and he reached out to me about that and um it was we met at the Cow it was Vicky Bakery at that time and it was such a a pleasure such a pleasure to to have met him and spoken to him and and throughout the years we had kept in contact and I saw him about I don't know 6 months 9 months ago at restaurant we bumped into each other and um it I don't want to get into details because it's a long story but the that conversation that I had with him that day is a conversation that I've probably repeated 20 30 times already to so many people it he he was such a a a cool great wonderful person and I will miss him tremendously and he was a friend to North Miami Beach and uh thank you so much for for ad for for doing in vocations here and and for reaching out to me in the first place we will miss you and we are so sorry that your life had to end so short and you know it's it's tragic how it happened because no good deed right so um our prayers are with his family thank you okay thank you may rest in peace yes amen okay well thank you um would everybody please stand for the pledge of allegiance to our flag I pledge allegiance to the flag of the United States of America and to the Republic for it stands one nation under God indivisible with liberty and justice okay requests for withdrawals deferments and additions to the agenda Madam clerk mayor um the item under the City attorney is a report resolution number R 2024 58 approving the engagement improving the engagement agreement between the city and greenspoon Mart LLP for RFQ 23-35 DSG professional legal service will be moved up and heard first further request of commissioner Micha Joseph legislation item 11.4 titled resolution number r224 d54 ask me collective bargaining agreement will be moved up in her second so thereafter per the city attorney's office legislation item 11.2 ordinance number 20245 titled approving changing candidate qualifying dates and runoff election date will be deferred forther request of commission Smith item number 9.6 titled sorry approving an agreement agreement with North Miami Beach Youth Athletic Club that item will be pulled from the consent agenda and heard before legislation those are the only changes I have mayor yes um if I may um if I can make a request um item 17.1 for the city attorney's um contract um approval if um we can move that instead of in to hear it first in legislation if we can move that further um up directly after um item four which is um the setting of the agenda we can have public comment on that item um have the commission discuss and vote so that we can have a sitting attorney um prior to any presentations or public comment okay yeah I think that's the the plan is to do that that we'll do that next then we'll do presentations and public okay okay all right so um we need a uh we need a motion we need a motion second okay all in favor I okay any opposed pass unanimously all right so let's start with um 171 on okay so item 171 resolution number R 202 24-58 um I guess in this case U madam clerk could you read the title resolution number r224 58 approving the engagement agreement between the city and greenspoon Martyr LLP for RFQ 23-35 professional legal services a resolution of the mayor and City Commission of the city of North ran Beach Florida approving the engagement agreement between the city and greenp Mar LLP pursuant to pursuant to request for qualification are F Q 23-35 SG professional legal services City attorney authorizing the city manager or design to do all things necessary to effectuate this resolution providing for conflicts providing for scri errors providing for surve survivability and providing for an effective date okay move to approve Mr Mayor moou Mo introduce second okay commissioner Joseph have second it first okay um and uh Madam clerk um what public comment please sure good evening everyone excuse me on just one second before that Mr Man anything you need to say on this before we move to public comment or you're good okay all right public comment please the mayor and commissioners of the city of North a beach has opened a meeting for public comment at this time there is a three minute time limit right just on this one I I got it understood okay there's a three minute time limit please speak only on the ma um the item that is excuse me presented before the mayoring commission the mayoring commissions of the city of nor rine Beach recognizes the importance of Civility the city of North R Beach requests that all in attendance to exercise civility towards each other and our first do we have any speakers for this item okay right so this is going to be for this item only the general public comment will be after noted okay um excuse me Mr Mayor I forgot to pull item number I'm trying to speak into the mic I forgot to pull item 9.8 I'm sorry with the approval of my Council to um make a change in it's on the consent agenda it's the item about the fire station I had a couple questions okay so you want you want to go back to um withdraws defir and additions I'm changing okay okay yeah so let's tell me let what we're going to do with this change we're just going to pull it so we can discuss it okay so and which item is that 98 okay yeah we have to vote on changing the so we need to we need to vote on changing the appr approval no longer needed all right one second one okay so we need a motion is I make the motion change okay a second okay perfect all right all in favor any opposed pass unanimously we're good okay all right I just got the contract so I have a couple questions thanks for complicating it so okay um all right okay Gan my name is mabarak aan a longtime resident of this city I wrote a letter to each one of you about a month ago about a City attorney I think two people opened it nobody else I do not know why I'm wasting my time but however um the letter basically speaks that if you have control of a basketball team which comprise of people you would have hired just one basketball player and forget about the other four and let them go in and play the team for City and MB and that is what you're doing with the with this city attorney's office you're hiring one person it so happened that this person in charge of three other cities the person is running for um office and even if it's my mother I would complain about her as well don't hire her and her Law Firm because she would not have the best interest of North Miami Beach at heart like how an individual would would do but that is exactly what you're doing and you're taking the money for five people and you're giving it to one person and that person basically comes here to farm out everything everything they can lay their hands on to farm out the would and guess what all of the city attorneys that were um from law firms there I'm sure they probably did like um some of those people put everything on a on a on a drive and take it to their private law firms and guess what all of our businesses are at least a three law firms they say you know we can't work from the city we have to work there and when we have um we had six we had six workers working for us and of those six you had at least 200 hours a week and we paying for less than what we're giving to one person now and I'm saying this here so that the people at home and elsewhere that pull up this here can judge you guys later on what you're doing tonight and um the the gentleman says that he's not going to come in every day don't expect him to come from 8 8 to 4: he's going to give I I I figure he's going to give maybe an hour or two for the week uh every day if if that much he's not going to come he or my mother or whomever my brother is not going to come every day we had big problems when we had when we had our own private attorneys working for us okay and and the guy took one day off says he's going to work at home the whole days was in uproar here you have now a part-time really a part-time worker you're not going to get the best interest of n&b at heart their company comes first and I don't care who it is it could be my mother's Law Firm I don't care who it is you're doing a bad thing for the city thank you going down this road again thank you thank you oh my gosh good evening Barbara Kramer I wasn't going to speak about this but I feel compelled to do so only because and this is not a personal um anything between me and the attorney that that you certainly are choosing but I think it's personal for some of you sitting up here and that's very concerning to me um I won't elaborate but um you all know what I'm talking about and one of the things that that I will say is that this has gotten very political because we have residents and candidates running for office that were told not to come up here and speak against the chosen City attorney so I just wanted to put that out there because I think it's a sign of something not sure what but it's just not um appropriate in my opinion one of the things that bothered me was when this attorney this applicant came up here and said they had 20 people with them but they sent them home I watched the video of that meeting and there was never 20 people and now you're going to choose this attorney and there is where are those designated attorneys when that attorney isn't going to be able to be here they're still not here you're still not meeting them and I think that would be really important to see when you go over the contract hopefully you will ask four days a week is that 8 hours a day is that 2 hours what is 4 days a week what does that truly mean what is it equal to and um what defines regular presence um you know I don't uh I don't really have that much more to say this is concerning again I think personal relationships are just not appropriate it's not what you should be hiring but um and and someone who told a fib when they were up here I think is problematic so thank you any other speakers Mr Mayor okay no one's come forward so um public comment is closed want to speak is this General comment um you can quickly sneak in I guess yeah I can wait no she wants General oh General comments no that comes later I'm sorry I thought you wanted any comment on this item okay okay no problem okay all right um so any Commissioners have any um comment or questions on this [Music] item Mr Smith uh city manager did you find out when and how we went from 5 days to four days for one of our Charter officers commissioner um the discussion in July from the commission was to have someone present in here um the the identification of 5 days was was requested we later came back and and provided um scope of service to everyone exactly how it went from 5: to 4 we don't have an answer for you um but again that 4 days is physical presence typically their Charter officers are working more than six or seven days a week no I understand this is very concerning to me I've had several conversations um I have been here long enough and I've seen some crazy things happening from Bridges having problems children drowning in our canals I mean I've seen a lot of things emergency things I understand we're in a different world where everything's just a button away and you can show them you can take it in zoom and you can do all kinds of things but as a charter officer that has to work well with the clerk well with the manager I just feel that this position and I discussed it also with the attorney that was voted in I feel this position is a 5ay inhouse position we're paying for an attorney and there are things that come up sometimes just an employee may need reassurance sometimes somebody may just need to review something and as we said there's plenty in our code that needs to be reviewed and revised and I for one like very much that the attorney we're going to hire is a local gentleman and I know that his staff will be there if we need them but I can't imagine why we're making a charter officer's position of four day a week position anybody can work from home now anybody can work from home it's okay but that isn't the point the point is that when you need him or somebody needs him or somebody on his from his firm there needs to be a body sitting there I don't know when it became a 4 day who decided that who put out that it should be a 4-day position I for one wanted to be a 5-day position and that's my stance on it and um I feel very strongly about it and I hope my fellow Commissioners will agree that this is a charter officer we have three of them that I understand they work meetings and I understand they work nights and I understand they're available 24 hours a day 7 days a week that's not the point that I'm making I know that there have been plenty employees going way back to Howard Leonard and Darcy seagull and even attorney Smith that have come in and walk walked into the attorney's office for clarification or something or reassurance of something and I don't feel that our Charter officers office should be empty three days a week on the weekend and an additional day I feel that we should make make it be a five-day position I'm looking for my fellow Commissioners to support that thank you okay thank you anything else from anyone else um all right if nothing else um we need a motion in a second I make a motion that we make this a 5 day a week position and we revise it to be 5 days a week okay so if we um if we do that then second then whatever whatever it is right right okay any second on that no second okay any any other motions yeah make Mo approve before you do I wanted to I am speaking into the mic um before we do that may I ask Mr Geller a question sure you can come up to the podium there if you mayor if if while um Mr G is coming up to the podium um I'd be remiss commissioner McKenzie had asked um that I State on the record that he is in favor of of this item um and is supportive of it okay so um Mr Geller where where in reality we're not hiring you we're hiring your law firm and um do you know more or less how many employees your Law Firm has that you work at there are approximately 250 attorneys in my firm and I think double that number of uh support personnel and I've already arranged with at least two of them to assist with the work here here and to one of them will be uh physically present uh one or more days a week in addition to my personally being present most of the week myself and but we have a lot more people to call on as the workload dictates and I do want to be clear we view it as a five day a week and frankly it's frequently going to be a s day a week job I will I expect personally to be working every day I will be physically present or somebody from the firm will be physically present I anticipate being present personally at least three days a week and if it turns out that it's not one day a week but two days a week that somebody else needs to be physically present but I do anticipate personally working five days a week on this because I agree that it's an important position and I'll take support from the firm as I need it but it is a 5-day week position position a 7 day a week position so in reality you're in reality we're going to have someone here at least four days a week I mean that's a minimum it may be five and at least three of them will be me okay so it could be probable that we could have someone here five days a week if physically present possibly yes but I want to bear I'm going to be working five days a week I anticipate five days a week on this city and if if one of those or two of those I'm not here I'll be on the phone or Zoom or something with the manager and I anticipate in view of the comments that my friend council person Smith commissioner Smith says if there is some incident it's me that's getting that that call I I I Look to get the call I want the call and I will be available at any time on any day at any hour if needed right so the thing is um so it's my understanding that the contract that the payment part of the contract is what um Fox Rothchild had when is that up for renegotiation well I I said that I would not look I said it would at least last through the new fiscal year but candidly my conversation with the manager was that it wouldn't be we would not seek any additional item on it for a year after being hired that can be taken into account um there is some again candidly every word in that contract was either from a fox Rothchild contract that you had or from the contract that your special Council Miss vente had in her last Law Firm position that she was using so I I don't think I wrote five words in that contract right so but the answer is that it would not be we would not be seeking to have it changed for the new budget it's it's when it says a year to me that means a year from from now okay so and you will be available to us seven days a week 7 days a week 24 hours a day if there is an incident if you need to come into the office on a day that you're not you were not planning to come into the office assuming that you don't have to be somewhere um from a previous appointment that you just can't get out of we can expect you to show up if I need to come here and I need to to reschedule other things including doctor's appointments frankly which you know occasionally come up that I need to reschedule and I just reschedule to because work dictates and when I need to be here I'm going to be here absolutely looking forward to it so the office will have someone here here pretty much 5 days a week at least Monday through Friday maybe not Saturday and Sunday but definitely I am not planning on telling some lawyer to come and sit here Saturday and Sunday when there's no one else here I'm available but I don't see the point of having somebody sitting here on a Saturday and Sunday in an empty building we the it was I wasn't me that decided to say four that's what was advertised that's what we answered that's what will that is a minimum and if it turns out the workload dictates somebody has to be here physically five we do that I mean the problem is that we advertise it is four days a week and I I don't know if we can even go back on that I don't know why that happens and I hope that in the future that we don't do that again um ever and even 20 years from now um I I I just hope that's never done again wasn't my choice but we will have somebody as the work with dictates right thank you thank you um Mr Geller before you have your seat the only question that I wanted to kind of um support commissioner Smith and her ask do you have Associates that can be here an an extra day is that something that's possible we could and if it's necessary we will I mean I've already you know one is a longtime partner who's practiced law as long as me and he's available and he's a little bit physically remote because he lives in Palm Beach County but he's available to help with the workload a very smart lawyer who's you know been a bond counsel for dozens of cities and is the general counsel for the Palm Beach County Housing Finance Authority and he may be here on occasion he's just physically far away and to spend five hours driving back and forth for work that you know you look at and you see and you do the work I'd rather him devote those 5 hours to doing the work work than to sitting in traffic but we also have other attorneys in The Firm who will be physically present here and like I said you know we we we met we applied based on what the advertisement said but it is it is a minimum not a maximum it's a minimum and he may you know I may have one of those lawyers sitting here more if the work dictates that they need to be here we'll know that when we're fully engaged with the work thank you thank you okay would you want to speak no okay Comm Mr Smith okay um I'm not finished with this Mr manager I want you to find out from procuran how it became 4 days as I had told you there's no response ma'am we don't know how it went from 5 to 4 um we after well somebody put four days and it's a 5-day position how that decision it was typed in how that decision was made I I can't go back um we can't there's no like written document that says we're going to do four instead so Mr Geller this is important conversation this is very important conversation and this is really based to the public that wants to make sure their money for the positions is spent on their needs so when you say that 4 days a week and there is another gentleman that lives very far away are we all on the same page that at 8:30 9:00 till 5:00 somebody will be here in our Law Department I I can't promise exactly what hours somebody's going to be physically present commissioner we're here to do the work it's not a 4 day a week job a five day a week job seven day a week job we know I take it extremely seriously but no I can't promise exactly what hours someone is going to be I'm very just and and it's not has nothing to do with Mr Geller because his qualifications I spoke to the state League I spoke to the county League people can't tell me enough how the brilliant mind and we're talking about Municipal mind is somebody that we hired um but at the same token I want to make sure before we do this that we're understanding and so is his firm understanding what we're hiring I if that's what it is that's what it is but I want to make sure understand it I don't want to come in on a Tuesday and a Thursday week one week three and just those happens those days you nobody's there so I thaton because that would be meaning we weren't even here for but commissioner this is not new language the language you're talking about is exactly what you had in your previous contract I understand there were a lot changed it I understand there were a lot of complaints about that so I want to be sure now now that we are at least the public understands that's what they're going to get that's what they expect and if it doesn't work that we find that that office is vacant more than occupied then we need to make an adjustment even though that's what it was before even though that's what we advertise for that becomes a mood point when it is the the department running the way a municipality right or wrong feels it should be so you either have to educate the public don't worry I'm here seven days a week I'm a phone call away I'm a zoom away you always have me or we have to let the public have what their conception of having a charter officer in the office so that's why I want to make it clear I want to understand I don't want to be the one calling again as the city manager says there's no way to tell somebody put in 4 days and maybe before that one was hired the last Administration put in four days but whoever did that did they I wasn't here then did the council agree that a charter officer is only going to be here 4 days and and the thing that's interesting is the salary doesn't change so we're paying for the legal mind we're paying for the legal representation we're paying for the attorney to take care of us but the public has to understand that too commissioner I'm not Howard Leonard I didn't ask my friend he's a guy I admire greatly a brilliant Municipal attorney a and he was full-time inhouse every day I worked with Howard at length brilliant guy five attorneys inh house every day I was here then that's not the point we're trying to do he had a whole office and that's something that you end up thinking is a change that you need to make that's fine but that's not the position that you advertised or iPod that's why I was going to the manager not even whether it's four or five it's not it's it's it's not a full-time inhouse City attorney the way Howard or Darcy seagull I understand it's just not that I understand that we have the ability in my firm to assign as many attorneys as we need to get this job done fully and that's what we're committing to and that's what we're under I just wanted to understand it before I vote that's all I want to know and understand I hear you you're going to be here three days a week yourself and the fourth day might be somebody else will have that too and at any time I will be I mean I take a shower occasionally I can't answer the phone when I do that and I do sometimes I I'm in court and the judges frown on you taking a phone call but other than that if it's 3 in the morning and some tragedy occurs and advice is needed I want that call I want it we get it I get it 100% I want to make sure it's on record and the public hears this conversation okay and and also um the other thing Mr manager what is the um quick summation of the mutual Escape Clause language in the contract how does that work either party would give a a notice with a certain amount of time and then the contract is terminated okay so so the in other words the worst case scenario and it goes both ways is that if there is a situation where it's just not working out it's not like we have to write it out for x amount of years absolutely I want to be clear that if there is some minimum time in the contract because we adopted other contracts I want on the record we'll wave it you want us to stay because you need us to have transition between another attorney that's your decision I don't want to be here for five minutes if you don't want me here if you say we're done I could hit the door in a minute and I'm not interested in Severance you would not have to pay any because we're not an employee but also in some I've seen a number of contracts which is why your special counsel uh negotiated very properly frankly I don't want to be here for 5 minutes if you don't want me you don't have to pay me you just need to say we're done and you know whatever we've done to that point I have no interest in working for a client that doesn't want me but I'll tell you right now I'd be surprised with if that day comes because my goal is to make sure this commission and the public the administration and the public are satisfied are happy with the efforts we bring and yes we can be gone and I'll I'll just tell you I don't care what the minimum is in there I wave it right now of the record okay Mr Joseph make the motion okay all right do we have a second second okay all in favor say I I any opposed all right passes unanimously all right welcome welcome aboard you're going to work starting right now yes take your seat let's go vamos okay so the uh next item um y yep okay um so next is going to be resolution number uh we need the uh attorney up here um mayor I'm sorry mayor um I think correct me if I'm wrong um Madam clerk I think the after this item we were going to continue through the agenda as as stated just with moving some of those so wouldn't the next item be the presentations and discussions in the 11.4 to move that one over to the okay I apologize there's there's employes employees yeah okay this is called the deconstructed meeting okay no perfect okay motion to we're just doing everything it's like backwards so um all right um so next item is going to be legislation item 114 um move to introduce second okay and we need to put the attorney right into the frying pan and we need you to read 114 for us please yes sir Mr Mayor uh and uh thank you commissioners that's my long-winded speech item number 114 resolution number r224 d54 appsme collective bargaining agreement B bet fredman Human Resources Director a resolution of the mayor and commission of the city of North Miami Beach Florida ratifying the collective bargaining agreement between the city of North Miami Beach and the American Federation of state county and Municipal Employees local 3293 bargaining unit authorizing city manager or designate to do all things necessary to effectuate this resolution providing for conflicts providing for scriveners errors providing for severability and providing for an effective date okay um like to call on City presenter B bet Freeman mayor um would you like staff to give a presentation first or receive public comment first no I was calling on okay the you ready right yeah all righty good evening mayor and commission beet Freeman Human Resources Director the item before you tonight is the askme contract for fiscal year 23 through 26 uh the most recent contract expired September 30th 2023 and the proposed contract will be effective October 1st 2023 through September 30th 2026 um negotiations uh initiated ated on December 18th 2023 and concluded on March 6 2024 the asme unit endorsed the agreement on sorry be give me a second um the presentation is not being displayed on on the television if we can have that up please my apologies okay we can continue if you guys are open we'll catch up if just continue okay um so the as unit endorsed the agreement on March 21st with a 98 to0 vote confirming acceptance of the terms of the outline [Music] contract so I'm going to go over the economic proposal versus the agreed upon proposal uh the Union uh initial proposal uh for wages which is article 24 for fiscal year 2023 uh they ask for a 4% retroactive increase um and Implement a step plan that includes 10 steps with 5% between each step the step plan would be implemented no later than October 1st 2024 for fiscal year 2425 and for 2526 they asked for a cola of a 4% and a merit increase of 5% which is an automatic one-step increase the agreed upon agreement was for fiscal year 2023 24 for a retroactive 4% increase um back to October 1st and then no later than the First full pay period following ratification employees would be placed in the new step and uh grade and step plan um the step plan was created by the uh Evergreen p classification plan that was uh conducted a few years ago for fiscal year 2425 it would be a 1% Cola on October 1st and then a merit increase which would be automatic which is one step uh 5% on their anniversary date the same thing would be for 2526 the other economic proposal um was Article 14 leave which is more about um seniority leave which would be uh proposed from 10 years to from 6 to 10 years would be an additional 15 hours for 10 to 15 an additional 35 hours uh for 15 to 20 years of employment 45 hours and for anyone over 20 years of employment they would get an additional 55 on the right side of the screen you will see that uh the proposed for 6 to 10 years was an additional 14 from 10 to 15 years of employment 30 from for uh 15 to 20 would be 38 hours and for 20 or more years of service 46 hours uh the other chain to article 14 was the additional paid parental leave that all other employees already receive additional economic changes included in article 18 are uniforms clothes shoes equipment and personal items uh where we're Furnishing uniforms for the property and evidence quartermaster in article 24 wages we are uh increasing the promotional increases from 5% to 10% which would help uh retain current employees also in article 24 uh we are implementing a shift differential for employees who work seven or more hours in a defined shifts uh from 300 p.m. to 11:00 p.m. or 11:00 p.m. to 7:00 a.m. this is mostly our water plant operation ators uh lastly um just a note just a few non-economic changes uh that's on the screen most of it is just administrative or it's uh to make it in line with state and federal laws there any questions any questions okay all right I think we're good yeah yeah that's next I just I just want to make sure no one has any question for initially but if we're good right now then we'll move to all right so um public comment Madam Clerk and this is only for this item the general public comment will come later so we have Janice kley good evening everyone I know you have not seen me I have girl scoutt on Tuesday so I cancelled today very important um would like to say speaker oh Janice kley longtime City employee sorry would like to say I'm here tonight to ask that you vote for this contract for the bargaining employees this was a very professional negotiation over the years being here with the city the employees will be honored for you to support this contract we do have some employees here tonight if you could please stand these employees work in the police department the water department um public works all over in the city I would like to say this will bring um employees up to somewhere where they need to we are so appreciated to have the step back I even brought the contract the last time we had steps was 2 17 and it's been over years trying to get step back and we appreciate if you vote for the steps and the differential is for the employees at the water plant and the and the employees that work in crime scene in the Pro property room that work those 24-hour shift those middle and late shifts so we would definitely definitely appreciate the support that we could have this contract I mean I could say one thing I've been here a very long time and the meeting was very professional and everything and I would like to say thank you to the city the Human Resources Director and the city manager but the last time we had steps was in 2018 and if we could keep the lawyer employees and bring them up to where the rest of the city almost we would truly appreciate it so thank you very much and once we get this pass I'm still looking on about the Cil service thank you it's coming it's coming [Music] [Applause] okay okay any other speakers Mr Mayor okay no one's come forward public comment is closed and anything from the Commissioners on this item commissioner turnoff first of all thank you to all the employees that are here we appreciate it to the manager to the HR director to everybody I want to thank you all for working so well together and I will approve this okay on Mr John so welld deserved and thank you again to the management team Mr manager HR Miss kley thank you for being a champion for all the employees and to all the employees this is long overdue so congratulations okay commissioner I'm sorry so vice mayor I want to did on my fellow commissioner ERS but Janice um um in fact I'm going to ask to clerk do we have a full board now for the Civil Service Board we can proceed but we do have um one more vacancy okay we have a vacancy for the Civil Service board so if you're interested in joining please do so but we have enough for a quorum and we will be starting our civil service bringing it back again okay Rich Smith I too want to thank Miss Copley not not only does she take care of the brownies and the Girl Scouts for over 30 something years she takes care of the employees in North Miami Beach and she lets me know when they're hurting and I will tell you something if the employees aren't happy the city's not happy and that's something that has motivated me to make sure we bring everybody to the scale that they deserve everybody to the scale that allows them to enjoy their life and their family and be happy to come to work so I thank all of you I thank all of you for being here and I especially thank you for letting her know what she needs to let us know thank you very much okay Richard Joseph um congratulations to all the rank and file employees and you know they do let us know without going to U miss kley all the time they're very vocal when they want to be and I appreciate them and they know where my heart is y'all know who y'all are I just want to thank y'all so very much move to approve Mr Mayor second mayor I'm sorry if I may I'd be remiss if I didn't uh first and foremost uh commissioner florand um did want to I apologize for the earlier um did want to make sure that um I stated on the record his support uh of the item and how appreciative he is of the employees and all the work that they do um from a personal point of privilege um one of the main priorities that the commission um spoke to me about 10 months ago was to find a way to not only recruit um Good employees but to retain our our staff the greatest resource that this city has is our staff um and when I started looking into and I started talking to our staff and our our representations um it it be quickly became one of my priorities I wanted to make sure that our team is taking care of and that they're able to um we do have a fiduciary responsibility to the to to the city um but I felt that there was ample amount of room to make sure that we are able to take care of our team not only right now but in the long run um and I want to thank the collective bargaining unit the union and the employees um the meetings were um very professional they were good but I think what really made this a fairly simple process is that we both came from a position of caring what's best for our community um and with that shared Foundation we were able to move through various items very quickly um so I do appreciate all the efforts and the continued conversations that we have um and I thank the mayor and commission for the support on this item thank you all right we have a motion we have a second all in favor say I hi hi all right um n one opposed and um passage anonymously um I just have one correction almost got beat up back there the last time we had steps was 1998 wow oh wow so thank you 21 years okay I got the all right guys thank you for everything and umk you [Applause] okay um so next um the next change was the for the city attorney's office legislation item 112 was going to be deferred is do we already have the vote for that to be deferred or do we need to yes that's already good right clarification for clarification to the next meeting okay gotcha um okay next um next item that we're changing was 96 and 96 was going to be removed from consent and when when were we um Madam clerk did we decide when we're going to be here when we're going to be doing 96 and and also 98 right before legislation so after we finish with the consent we'll go back okay good so we're going to move on to presentations now okay so um first 5.1 self-funding health insurance option um Eric Brewer from corporate synergies mayor and commission thank you so much if we can have uh um Miss Freeman come up as well as um Mr Brewer this was one of the subjects that the commission had asked staff to start looking into self funding for our health insurance um with the rising cost of um of insurance I think last year uh we saw double digit increases actually no we did not see a double double digit increase um on the budget year but regularly in the market cities were seeing anywhere between 10 to 30% um increases so the commission asked us to investigate what it would look like if we did self funding um Mr Brewer has done a tremendous amount of work with with our staff to to make this presentation and the recommendation um before you um so take it away all right good evening again um so the item before you is um to introduce the concept of self funding the city uh previously was self-funded years ago um but went to fully funded um so at the request of commissioner florand he asked uh prior to my arrival that we look into going self-funded again um myself and uh Eric Brewer from corporate synergies our agent of record uh got together and worked on a feasibility study to see if it would make sense for us so Eric is going to go over kind of what um self funding is and what the feasibility study showed and um all we're asking for is kind of feedback because we will be going out to the market soon and if it is something that we're interested in we may need to go out to the market a little bit sooner so we're just looking for some guidance and feedback so I'm going to go ahead and pass it over to Eric awesome thanks for that mayor Commissioners good evening thank you for your time tonight uh Eric Brewer vice president with corporate synergies uh to be BET's point is this okay uh again the purpose of this is really to introduce the concept proactively so we're not you know talking about this for the first time at the point of approval uh preceding the Open Enrollment and renewal period so I'll try to keep this very high level um certainly have time for Q&A at the end but try to keep this concise so to start what is self-funding you know self-funding in a nutshell and I'll go into more of a compar on the next slide is where an employer assumes the risk financially for the medical health plan right so uh today in our Cur in the fully insured Arrangement that we have today we're currently paying Etna flat fee every month for every employee that's enrolled in each plan and in exchange for that premium payment and is assuming that risk and that uh claim liability uh in a self-funded Arrangement as you look at the right hand uh side of this slide we would in essence be still using a third party administrator administrator like an Etna from a network perspective from a claim payment perspective however the uh claim liability would be assumed by the city so I think it's important as I transition to the next slide you know how does this impact our membership uh and I think the each of these points bullet points is very important right so first and foremost the go the goal would be to maintain the same level of benefit uh plan designs that are currently in place with Etna and so what I mean by that is from a deductible from a co-pay perspective from out- of-pocket Maximum perspective you know ER copay all the different elements of a plan that are extremely important to our employees and their family members that are on the plan really the goal would be to keep that uh in line with where it is today the second bullet point you know from a member experience perspective you know it's really um the same process right everybody gets an ID card it's got a network associated with it similar to how we have Etna today and they're presenting that at point of service at the doctor um the third bullet point the city can retain Etna atna has a great self-funded platform so really the goal you know in a perfect world would be to keep as much continuity as possible if this transition were to take place and then the fourth I think probably the most important objective and why we're having this conversation uh is to achieve cost savings right with the goal of allowing for uh long-term affordability for the the folks that are on covered on our our plan so quickly going through some of the advantages you know we're able to customize the plan specifically to meet the needs of our Workforce uh long-term cost mitigation flexibility to carve out things like stop loss and the pharmacy Benefit Management uh and then elimination of some of the uh overhead and fixed costs and Taxation associated with being on a fully insured Health Plan uh to continue on that uh number 5 six s and 8 retain control over the health plan is important we're um in the event of a surplus we're uh keeping any interest income uh as the health plan or the plan sponsor for the city um paying benefits based on our risk specifically for the city of North Miami Beach not pulling it with other cities that may detriment the overall financials of the plan um paying for actual claims versus the projected cost and then purchasing only the desired services within the plan that are needed right whereas in I fully Arrangement there are certain elements of that packaged Arrangement where you may have some redundancy or services that simply aren't needed uh from a cost perspective disadvantages uh you're assuming the risk of the claims as mentioned previously um it does require sufficient cash flow and I'll go through that in more detail but there is uh statute 1128 that requires uh certain elements of this arrangement to be met uh claims statistically are unpredictable right they're going to fluctuate from month to month which is different than what we have in place today um the last couple things on the next slide it does require Contracting with different vendors so today in the fully insured arrangement with Etna we kind of have a a packaged Arrangement where everything's sort of bundled with one with one carrier in a self-funded arrangement we would be purchasing uh the third party administrator Services separately than for instance stop loss or Pharmacy benefit management and things of that nature uh and then last but not least the there is some different fiduciary and compliance responsibility uh especially associated with statute 11208 so to B BET's Point earlier we did go through a feasibility study and I will caveat this was you know it's conservative by Nature it's very preliminary really the purpose of it was to um to just to see if it made sense right to make sure it it was worth further Pursuit uh by all the folks that would be involved in in this transition if it were to take place um we do use a tool called the risk decision support tool rdt it essentially uh benchmarks against a database with over 10 million members um it does essentially show that there's more than a 50% chance 54% chance over a 5-year period that a self-funded Arrangement would outperform the fully insured Arrangement that we have currently in place um again I think the best way to quantify this is obviously to obtain quotes specifically for the city of North Miami Beach at which point we can get a little bit more granular on the savings opportunity um key considerations from an admin perspective for for your HR and finance staff uh again really not much of a change from a workload perspective which I think is important as we consider embark on this potential change um the administration will still be largely be handled by uh the uh third party administrator that we contract with so nna type of vendor uh would be doing all the claim payment uh claim determination based on the structure or the plan design that we have in place um and again just to hit on the third bullet point again because I think it's important the goal would be to maintain the same plan design that we have in place today co-pays deductibles Etc financially again some of this is redundant but um I think a couple bullet points that I think are important to point out here uh the second one being there is a cap right so when we talk about stepping into an arrangement where the city would be assuming claim liability it's important to note that we would be purchasing stoploss insurance so if claims were to exceed a certain threshold we would still have financial protection from a an insurance carrier that protects the budget protects the liability at a certain threshold um and then per Florida statute 11208 there is a reserve that would have to be uh reserve requirement that would have have to be met to make sure that we have U sufficient funds set aside for claims that are incurred but not paid so having said all that that concludes the presentation I want to pause for any questions that you may have and mayor um and commission the the request today um is for us to continue to look into this so that we can go out to the market not only to see what our um our regular Insurance um make cost or or what the competitive pricing may be for for what we currently have but also to get pricing for the self-insurance uh portion so that we can come back to the commission with actual numbers um of and and a more definite recommendation of which which direction to go in okay any any other yes all right I I appreciate the time and energy that's been going into looking into this but my concern is is that for Joe employee what changes if we become self-insured do they still carry an EIC card or that they carry a North Miami Beach card and if we they carry a North Miami Beach card then we might have trouble getting it accepted in a lot of places right thank you uh great question so the the card itself will stay the same right so they're still going to have an ID card that says Etna on it potentially or United Healthcare or Signa any of these major carrier networks that we've all heard of so from an employee perspective it's really the same uh which is obviously our number one goal as we Embark upon this and then I think secondarily and importantly you know the reason we would do this is the goal of keeping the costs as flat and as low as possible for for staff moving forward thank you thank you Mr Smith is there the potential over a couple years years for the cost to go down because the amount of knocking on the city's door as a self-employee was much less than you anticipated I'm not sure I understand the question so basically is if if you're self-insured we're going to pay out the claims but if there's less claims is it possible over the years the cost of insurance would go down exactly yeah okay I understand that so yes I mean that that's that's the ultimate goal and that's why we would potentially do this right so you're you're much more in control of of the cost and if claims are less than what we expect so we're running at a surplus then there is the potential that cost could go down because as insurance goes up it's one of the key elements for the budget and taking care of the employees and yet also putting that line item in the budget so so if there is an alternative we should definitely be considering it and I know the state league has Insurance programs I don't know if it in it also includes Health maybe our new attorney would know that but if there's a health program with day League we should also investigate that commissioner um if I may um one of the cities um in Broward I recently toured for for a couple different reasons but they had gone self insurance I think um less than 5 years ago and they were just able to um open up a clinic um within City facilities and so employees who felt sick or got injured or anything can go to the clinic directly and they were able to implement that clinic based on all of the savings that they had um um received over the the five years because Insurance kept they were able to control those costs a little bit better um and so now they got to a point where the program is widely accepted among employees and they were able to have an in-house um facilities that allowed employees to go directly there instead of going to the hospital or urgent care or anything like that which um does count against any type of claims so there is definitely um opportunity for that with regards to the Florida Liga cities and the health insurance they do offer those health insurance although Florida Florida Lega cities is um equal to any regular Insurance um and so they're not necessarily dis discounted rates um it's something that I've looked at um multiple times in in different spots um and not being the not being part of the program what they would do is they would come in um take a look at all the claims what the the variables are within our pool um of of employees and those receiving benefits um and then they would provide you a quote just like ET now or whatnot um unfortunately part of the quote that we don't get from Florida of cities is that they can't give us multiple year quotes right because the first year tends to be the with them um in in my conversations uh with Florida League the first year tends to be the highest cost because you're not within the program and so they are still an insurance company and so they have to price that um based on all the claims now once you're one of their clients they can work with you they can do a bunch of different Wellness type things that might drive those costs further down but ultimately they're still an insurance provider okay any other questions what are most cities doing are most cities self-insured is there a gauge of cities this size and what they're doing as it relat to Trends yeah I would say most most cities um of your side I would say probably 5050 at the city of North Miami Beach where uh the smaller the city the less viable sell funding becomes um I think it's important to note that you know we're bringing this up not to say that it is the end all be and it is what the direction that we think we want to go I think it's an option and I think with the tightening of the fully insured Market you know there's really not that many that many carriers in the market anymore right with especially with human exiting um there's less and less competition to drive down price so I think you know our commitment is to look at fully insured options as well as the the Florida League of cities but also look at the self-funded arrangement and really quantify um the cost benefit analysis of what it may represent from a long-term perspective to keep cost down okay um and so historically does it um do these plans usually fall into a a deficit or Surplus as a general like how often do they become in that deficit situation and and what happens in that situation so I would say typically in a surplus right as long as you're we're being prudent on the front end from a budget perspective about where we expect claims to be we're bud we're budgeting for that before the plan year begins it should end in a surplus we're we're certainly not going to be overly aggressive from a uh expected claims perspective where we would we would run at a deficit okay all right anything else or well thank you very much thank you all right appreciate your time that okay um next uh presentation is 5.2 Smart City NMB and um I guess that would be Deputy City Manager David scottk mayor vice mayor Commissioners David Scott Deputy city manager city of North Miami Beach uh thank you for this opportunity to speak to you regard ing the update for our smart city n&b which we have uh taken upon ourselves to sort of brand as a brand specifically for this effort within the uh city of North Miami Beach so today I'll be hopefully brief uh as as much as I can and and direct to the point so we have some specific items that we want to certainly address we want to start with uh the commission directive which occurred through resolution in September of last year um directed and requested and brought forward by commissioner Jean as one of the items that she wanted to uh push forward and supported by the commission um this serves as an update to the commission on the work that's been done uh within the within the department and within the city manager's office to move this project forward so as I mentioned uh the commission directive was really to focus on Smart City initiatives now Smart City can be anything from Smart traffic lights smart signals uh smart lighting but specifically the commission was more focuses focused on how do we help our residents how do we bring smart technology to our residents to support quality of life as well as our businesses and help our businesses grow so you will see this presentation certainly does focus on that Str stry we focused on and many of you have heard of the digital divide meaning that as technology moved forward many many of our uh residents populations Begin to Fall sometimes fall behind um as you know the new generation gen Z Gen Y Gen they're they're moving forward I see babies with strollers with a with the iPad on the stroller when I was coming up we were still watching TV right um and some of that was black and white and before cable but I won't tell you how old I am um but you see technology is moving and as you know it's moving quicker and quicker every day so really we want to focus on digital divide how do we make sure that our residents continue to move forward and benefit from from from that growth so we focus on uh access which is the Ava availability of affordable internet and devices um we talk about skill set and then we we also look at how do we support our residents and provide that training and assistance the the benefit where we go so we look at the benefit to our individuals when we push forward with our our initiatives um benefit to our individuals of course is access to education and job opportunities as they become more aware and more involved uh with technology job opportunities continue to open up for for our residents as individuals improve communication and social connections um social media is Big that's how a lot of people are communicating today so we want to make sure that we uh provide that for our residents as well and then uh increased participation in Civic life so our benefits for our businesses uh as our residents become uh more proficient in technology that increases the access to uh to a wider talent pool as we have businesses coming to city of North Miami Beach considering expanding in North Miami Beach they certainly are going to need the talent pool to support those that expansion as well and then of improve efficiency and productivity as those businesses Implement uh technology and increase growth and Innovation benefits to us as a city we we certainly look uh at a stronger look to build a stronger economy and Workforce we want to make sure that all of our residents as I mentioned earlier uh grow as they say a rising tide should raise All Ships that's truly what we believe in so we won't we want to make sure none of our community is left behind and then enhance Civic engagement and participation as we continue to grow our Outreach uh and reach all of our uh community uh you've heard the manager talk about we want to hear from our community even more we want Community participation and I know that the commission does support that as well so our approach which is our policies and plans that we have certainly continue to build Upon Our approach defies the clear goals of increasing internet access and affordability um we talk about public access to programs and literacy training and we focus on PR prioritizing public awareness campaigns and we'll continue to do that as well so how do how do we do that uh we certainly do look to expand Broadband access through throughout the city and you'll hear some of those projects that have already been initiated within the city and our plans to continue to to build upon that uh modernizing our public technology systems which is more internal and we're certainly building those you you've seen uh programs and projects like the financial transparency project that we've we've certainly implemented uh among others and you will see as we go forward um and here it is here the library the library tends to be one of those centers for training of our community and we definitely support the library in the work that they do how do we fund our initiatives so we went out and took a look at what other uh cities are doing and and some of the best practices U there are certainly federal grants there was the digital divide grant that was uh that was brought forward during uh during the pandemic so there's still opportunities there state and local grants um public and private Partnerships um are available to us philanthropic contributions which we need to do a better job of reaching out to those nonprofits uh on training programs and getting them involved uh in in in our community creative financing which are social impact bonds and uh maybe Crow crowdfunding which you see a lot of private uh private individuals do and then other City budget allocation and corporate sponsorships which uh I know this commission is really involved in and really pushing those corporate sponsorships and those P3 relationships some of our uh programs that we really want to focus on is how do we partner with some of our internet service providers uh to provide free or lowcost internet access to those that can't afford it in some of those communities and how do we uh also provide internet within some of those communities that don't have it we are certainly looking at as as you you'll hear from it uh later on that they are implementing uh internet throughout the city and a lot of our city buildings providing public Wi-Fi we certainly can look to expand that throughout uh throughout the city of North Miami Beach um and then look at uh implementing digital inclusion programs to provide free or discounted in Internet to qualifying households literacy uh skills training I mentioned the library is really keen on uh on a lot of these programs so things like basic computer skills Online safety cyber security is something that it is being has implemented internally um entrepreneurship training as we move forward how do we engage our new uh startups as uh you tell commissioner Smith said earlier about our Economic Development we want to focus on startups and how do we help and support that Community as well um and then I talked about inperson uh we mentioned inperson workshops online modules and other opportunities to certainly um Infuse and and reach every part of our our community and then partner with educational institutions like FIU or the University of Miami or or others uh right here in our own Community to bring them to the table and and partner with them as we go forward so uh in addition our Library certainly serves as that uh what I would call a Technology Center computers internet access they talk about loaning uh loaning laptops to our residents as well so our our community uh any anyone within our community could uh uh provide or reach uh free access or free training and free free equipment um to to learn as well as the training opportunities around uh resume writing or other workshops quickly mention the uh just mentioned the equipment loan programs and as as we continue to move forward with the library uh partnering with local businesses which we've been involved in as well uh leveraging technology things new ideas could be like hosting hackathons um providing uh online platforms for connecting businesses and skilled individuals and other training uh training programs like e-commerce and strategies with some of our uh local businesses how and as we build this plan of course uh we need to measure what we do and so uh there's certainly different kpis that we're going to use to continue to measure our performance and how we're moving forward and I would certainly be remiss if I did not mention that this is not static we don't see it as you know some plans you build and they sit on the Shelf this is ongoing living document s living approach uh that we all uh believe in and certainly will Implement throughout the throughout the upcoming years and I'll bring Ricardo up so he could just briefly go through some of the projects that we already are doing some of the projects that are uh are being implemented and and and contemplated in the upcoming budget uh and the last slide once we get to it we'll just summ where we are and where we're going uh we have approved or the commission has approved two strategic plans one is the overall City strategic plan as well as the economic development plan so all these plans are really going to work together to move the city forward so while we're just talking about Smart City at this point these strategies will be incorporated into that plan that you will certainly be involved with and FIU is actually starting and we'll be scheduling meetings with uh each one of you to get your input and direction in PRI around priorities so you will see some of these recommendations come out of the Strategic plan as well so Ricardo uh Good evening Ricardo Castillo Chief Information officer um like the deputy uh said we are working actively working on several internal initiatives such as uh Wireless at all our uh facilities we currently have wireless available in most of our city parks we implemented uh smart benches um in February at two over our Parks Victory Park and Highland um we've uh rolled out a transparency portal in February uh that is available to all the residents right now and uh that talks about engagement allowing the residents to be involved in uh what's happening with the city finances um in March we rolled carbine which is a contact center solution for our Police Department so that allows us to provide um better service to Residents when they call in and report a complaint um the communications person can actually send them a link and get access to their camera and see what's happening so that we're better prepared when the police uh um officers arrive on the scene uh we are also rolling out um this month our new uh mobile app which is going to replace our old uh fix it nnb app it will be called the same but it's essentially a new software platform uh so it will still be called fix it nnb and uh we're uh live right now on the back end but we are working right now with the Apple Store and the Google Store to make sure that that uh goes out there and that residents can download it on their mobile devices we are also going to be rolling out uh self checkout stations at our NMB library and uh that would allow residents to uh check out laptops uh while they're at the library uh by themselves um you know uh we also have uh several internal initiatives which while the residents may not see them they have a a big impact in how we do things one of those is Rec track this is a program uh for man uh management of our Parks uh programs and or facilities that is going to increase the efficiency and productivity of our Parks and Recreation Department we're also actively uh working to roll out electronic forms using our software called laser fish uh to allow uh citizens to uh complete forms online and uh essentially replacing those paper forms that we currently have um also on the transportation side we have a TSO mobile application that provides the ability to manage routes uh and live tracking of access and passenger accounts that as for our um our trolleys I believe and our other public transportation that we have and then uh for next fisal we're also looking at Dynamic trackers which uh the residents will be able to use to know uh when the bus is going to arrive so that they don't have to be out there waiting they'll actually know in real time uh the approximate time that the bus is going to be coming up to a bus stop um and then I'll pass it on to the deputy city manager than so um we're we're really done so um just to mention I talked about how we're tracking this we actually pulled together a task force of all of our uh city office uh City departments so each one has provided a representative to continue to oversee the the Implement implementation of this plan so as I mentioned and I won't go into this slide because I'm uh we mentioned it earlier all these align around uh the Strategic plan and the economic develop development plan that will continue to move forward with some of these initiatives so as I mentioned earlier this was a just an update that the commission had asked us to come back to to you and just provide you with uh the progress to date on where we're moving so with that um uh thank you if you have any questions I'm I'm available okay any questions no thank you thank very much okay um now public comment um Madam clerk good evening everyone the mayor and commission of the city north M beach has opened a meeting for public comment at this time there is a 3 minute time limit um speaker when you called to the podium please state your name or the name of the of the organization the mayor Commission of the city of North R Beach recognizes the importance of Civility the city of North R Beach requests that all in ATT to exercise civility towards each other and our first speaker is Gilda gavis P the microphone down thought you tell me to stand up and I tell you I was standing up good evening Mr Mayor Commissioners Mr city manager two years ago uh we were notified that the city was outsourc I'm sorry can you please state your name for the record is that better your name please oh I'm sorry Gilda gavis western eastern Shores 30 years so that we were uh going to be Outsourcing the sanitation and the um Association were 79 units Lake few town homes were handed a $79,000 bill no I'm sorry $76,000 and so when I asked the board was because that was all part of water sewer and um and sanitation and now the sanit the water and sewer was staying the same but the sanitation was going to be increased at a tremendous amount and so um my first meeting at wake up NMB um Mr Diaz was speaking that night and I brought this up now it's two years almost two years later because the board couldn't answer the questions but they kept complaining these fees from from Coastal or the most exorbitant fees anyway as we spoke I don't think you would remember and explained that the multif family um residences were taking the biggest hit in um fees and there was nothing to dissuade my perception that it was Coastal except that in some deep diving it's not Coastal fees it's City fees North Miami Beach City fees I have a lot of figures but I don't think I have time to go through them individually uh to for what is being collected since um June 1st 2022 to March 31st 2024 is 33,700 $57,000 okay and also um Co Coastal contractor obligations total $470,000 which I don't think I will have time to imate REM enumerate either now that's over $4.2 million coastal's contractual obligations do you know who really pays for them the residents in our fees for our sanitation pickups you know who pays all the um the um the solid waste fees and the franchise fees we do when is enough going to be enough you told me that night that there was the reason that it went private I private instead of city was because it was 15 seconds you were the city was $4 million in debt as of now there's 4 million $200,000 back to the city and the residents are paying for it when is enough enough thank you thank you very good David zapen Lorenzo Hall and then Susan Sanders David zapen I'm the founder of the charity 30k for back pay um I used to be a member of the United teachers of days so I'm glad our union workers of a settlement and I'm you know simly impressed by the ambition to you know further digitize North Miami Beach um part of the question is who's our real competition for talent and investment eventura North Miami in addition to the so-called donnut Hole 163r Street we're also competing against FIU North which is more and more resembling a micro City but um in addition to all the high-tech can someone please put some kind of you know decal yard stick on at least some of the street poles so that people know if the water is only one foot high versus two or three you know maybe green yellow red to mark because you know rain is already hitting us similarly um people are patients are leaving Jackson North and drifting into North Miami Beach not always with any resources are we going to have to create a fake bus stop like in stut guard to try to intercept and get them help again this isn't the city problem alone ideally we'd coordinate with the county and maybe I don't know the golden glaze is getting par but this is an ongoing problem and if you want to retain and attract money Talent take your pick you know someone has to take care of them quietly before we make the news in the worst way and um I'm oh uh Generations often get confused um you know Generation Z includes such famous figures as David hog of Parkland and the congressman Maxwell Frost it's now generation Alpha that's in college now and they're going to have to be dealt with differently in part because they seem to be trending away from you know the classic iPhone to smaller flip phones and to them it's the analog technology that's the Curiosity haven't grown up with digital so you may want to track for that just like how uh you know Digital television was supposed to expand information sources if anything it's concentrated them 15 seconds maybe we need our own AM radio station that that can be heard outside of emergencies we have one this is why I have I'm building a charity thank you all right thank you we we we actually do have a a a radio station Mr zapen hello my name is Lorenzo Hall um I'm a resident of the city of North Miami Beach I would like to take the time out to say hello to the mayor and Commissioners as well as the city manager as well as is the charter officers I would like to take time to extend the invitation um to the mayor Commissioners um all the city matter of fact the city of North Miami Beach as a whole to Washington Park annual Heritage day that is going to be taking place this Saturday um from 9:30 to 11:00 will be the breakfast um we also I'm sorry let me back up we also having a movie night which is going to be Friday um April the 19th so it's open to the residents of the city of North Miami Beach and if you have time if you we would like to have you there once again my name Lorenzo Hall the president of the voters counc thank you well I guess I need to adjust this for the short person I am can everyone hear me thank you um I'm Susan sandis I'm working as a volunteer out of the library at 16001 Northeast 164th Street I'm the former director and head of reference at the library over the years and I'm presently the president of the library friends although we are organizing and boosting ourself up we're fully 5013c now and we are preparing to expand our membership greatly we're reaching out I would like to say something that plays on something I said last time I spoke to you I mentioned how it's so easy to go in the library and never have a clue how many people are actually in it you can walk through it see if you does of people that think H well few people come in I have the statistics for I believe it's March I asked adania for these um the um in March of this year the library had 36,6 12 separate visits to its facility I can you imagine that number and you never see enough people in there at once as you walk through not seeing the meeting rooms the classrooms the offices that are available and the different places people are and then they all go and another group comes and sits down in there for an activity they circulated 34,7 181 books and other materials that is a huge number for the size of our community I'm so proud of these numbers the staff responded to 4,678 inquiries some as simple as where are the bathrooms where is this group that's supposedly meeting here I can't find it um to the ones that got referred to reference or the children's librarian or others to help people actually locate materials uh the staff um oh in library week the bookmobile visited three schools we want to thank you for the funding that makes this all possible but I want to say one more thing before my time is almost up here I am so glad to have the opportunity to say something about Smart City this is an opportunity about to be missed I was happy to listen excited about it I've kind of kept up on some of these things that are happening in my former field this plays the library in a role about this big when should be about this big the library can do more than just add and I ad Dan is going to kill me for being spontaneous about this but the library can do more than just have people able to check out on laptops and get out of there fast we don't have what we had at one time we don't have the staff with the high tech abilities one of them got poached and you all know who that is who was an invaluable employee was multi-talented but we could couldn't pay him enough and we also keep enough people on the floor just doing the basic gut work and grunt work that has to be done so I want to say that um this is not actually going to carry out anything that begins to reach the levels you're talking about it's nice to have the library on the list but it's not using the library in a smart way thank you and I hope it gets more points and smart cities is a big success thank you thank you thank you for all you do thank you sir Diego Brazil and then Terence kulli San Diego Brazil North Miami Beach residents good evening to all of our respective city leaders I want to say yes the smart cities the presentation is awesome because I know people who are techn technically challenged they call me can you this and you can you that I'm turning 55 in 3 years I'm doing my best to keep up but I can't car everybody else's weight so that's going to be excellent a place where people can come who are willing especially people who are of a certain age or whatever to sit in that space or be present in that space and utilize that also too I wanted to address um all of the leaders here I did did have a chance to have a somewhat of a conversation with our wonderful mayor and also with our chief of staff Miss monin in regards to an even um well anyway in regards to helping me with my quality of life this is an example that I've been speaking about with people who live in this community who have records and some of them are unjust in my situation and we don't have time to go into it but what I would like to have happened and Miss montine is on board the mayor is on board for all of you leaders who be to devise a brief letter of support so that I could be able to present it to the law firm because they're ready to present it before the Ohio parole board so I could be granted executive Clementine paron and I can have a better quality of life as I get older and also too I want to mention about U my time here on the heart healthy Trail over here this in the predominantly Jewish part of the neighborhood I do notice that there are three tiers of security there we have mommy day gardens oh excuse me we have mommy day County mayor we also have North Miami Beach police over there and we also have a third tier of security and my part of the neighborhood we barely have North Miami Beach and so that's a beautiful neighborhood over there I spent time over there and so forth but I did hear about Rabbi Rosenberg I don't know who he is but he did Champion to be able to have the Miami Dade County Police over there in addition to North Miami Beach and also with the third tier well then that leaves my part of the neighborhood hood without the type of policing that we need and I see a lot and you know I often speak on it to you all I even work with um Deputy Chief kamacho and the the police officers and the staff and let them know the things that happen in my community but we don't have officers there often enough to even address it so I would like you all to please take that into consideration too that in my part of the community we need some more help with policing as well and also in that part of the community that I'm speaking of there's a park over there that when I am over there I know that there is constantly in that four-way intersection welcome to Barry shriber prominade I'm continuously seeing people not stop at the stop signs okay and oh I had one more thing I wanted to say I can't remember it now I'm trying to remember everything I think I got everything in if I did then I have to catch it the next time but thank you all for my opportunity to speak mayor thank you so much and thank you all who are willing to participate with the letter of support so I can give it to the law fir that's representing me and consider the rest of the things I had to say thank thank you so much I'm going home to have my glass of wine thank you good evening mayor commissioner city manager City attorney and city clerk my name is Terence culi I'm a 30-year resident here in North Miami Beach the last 28 years in sunro east sunry west excuse me couple things um that I've been chomping at the bit but it can't come over here because of my new transfer back into the city working for Tires Plus there on biscan Boulevard first of all like to speak about the traffic on biscane Boulevard especially on the weekends uh there are a lot of people that are doing test drives for Prestige Imports that are speeding at high speeds up and down biscane Boulevard I don't know if the police are over there allowing it to happen but I believe we need to have somebody over there especially on the weekends cuz these highend cars are going Southbound on biscan turning around at either the Target or at 139th Street going back North high speeds I'm talking 60 70 80 mil per hour doing unsafe L changes uh it's not very safe for the neighborhood especially the people that do walk along uh biscane Boulevard if there were to be an accident uh luckily we haven't seen any at this point but I please hope to have somebody out there to take a look at it uh secondly back on November 13th the city of nor uh the county changed their bus stops changed the bous routes we used to have route three running through the city starting on from biscane Boulevard on Northeast 172nd Street through the conversion Northeast 171st Street to 15th Avenue both Eastbound and Westbound they no longer run there that was the only route running during that area they put up temporary signs say stating that these bus stops are now closed the bus stop signs are now up still up people are still trying to walk to these bus stops even though there is no bus coming I've made a couple mentions to uh 311 spoke with them a couple times they said they need time uh that was November 13th this is April 16th was that 6 months 5 months 6 months it should be down already these stops should be down at the same point there are bus benches that are there there are uh sanitation trash cans that are there that the city maintains these should be removed it saves us uh employee time for doing it it will also save the people that are using these to uh as their personal garbage cans instead of using their own cans in the in the alleys so I'd like to see if somebody from the city I have spoken to somebody in the city via email they said basically that stops um have trolleys going there the only trolley I have seen is an eastbound trolley and since I live on 17th Avenue right near the bus stops there the only I believe it's route C no route b or something anyways if we can get somebody out there to look at it and finally um since recycling is now every week why can't we get it in the alley with the garbage cans uh we're the same trucks go down each way thank you thank you Mr manager do you think that we could have the police department approach um prestige and ask them not to test drive the cars and bisc Boulevard yes staff was actually going to get with um with the gentleman to take down some notes so that we can reach back out to them once we all right thank you linu North Miami Beach Reef Club um hello commissioner Mayors uh and our Welcome to our City attorney um I want to congratulate the employees I didn't formally get to you know shake hands with them over there but congratulations for that um the deputy city manager also proposed Smart City I think it's fantastic I also want us I mean like I had the electricity go out of my building because they are doing construction so I noticed that like we don't have protection against when the power goes out or the grid gets attack or when our when our internet goes down so on top of creating I'd also like us to I'd like to see our city do something to protect our grid as well um the next thing is um I also want to thank the city manager for sourcing and finding ways for us to save money in terms of our um city employees and and Everybody's Health Care the other thing that I am curious to find out is I believe that our police chief had been suspended for a while and I'd like to know the status of that because from my understanding is We are continuing to pay our City chief our our police chief um although there is not nothing that is being produced out of it and she has been suspended so uh just um looking out for what's going on in the city thank you so much thank you very good I got the approval okay Froman we thought you were passing today he and who's not good evening everyone my name is mabarak aan welcome to the new City attorney um questions were not asked about the cost the cost of smart city we were not told of the cost that you're paying the new City attorney for for the city residents it's $475,000 for one person to come by part-time um we said that we can let go of the City Attorney at any time well we tried to let go of a City Attorney at one time and we had Commissioners walking away or not coming for like almost a half a year and we couldn't fire the guy meanwhile he collected 60 ,000 a month 60,000 without doing anything for us so for you to tell us that you can get rid of a City Attorney at any time you're fibbing you're not talking the truth it's inaccurate I'm not talking about you um Mr Geller I'm talking about some of these Commissioners up here the they need to have the facts grounded properly into them um the one the the City attorney charged $2,000 over $2,000 when a commissioner a sitting commissioner asked him for two pages of information he said pay over $2,000 that sort of behavior needs to be rebuked and um a vendor got away with millions of dollars that they did not collect the water vendor I'm not going to call names but they were to collect millions of dollars that those bills became delinquent and were is now millions and guess what the former private attorney let them go no questions asked on behalf of the residents like myself who have to be pay I heard a um former speaker complaining her bills are very high and what I heard from a former speaker who said that um somebody from up there was telling um a a potential speaker not to be speaking against the city attorney's hiring well I want to bring it to your attention that one commissioner right now he can lose his pant because business owners whom he was bullying took him to court for bullying from the day bulling from the and um that is not right I do not know who is who I just heard it from from publicly and a City attorney from the city of Miami was fired maybe you can ask her if she wants a job here and start rebuilding the city attorney's office thank you very much thank you very good hi good evening my name is Maria Hawk I live in the city of North Miami B um welcome to the our new City attorney um I have a curiosity okay even though somebody that I trust told me that um City attorneys here can work from 70 to 80 hours a week but I'm really concerned about your health after so many jobs as a city attorney um of aort uh Bay Harbor entering attorney city of Doro running for a school board and you probably can win so I'm concerned that you don't end up sick thank you thank you very good Mario any other speakers Mr Mayor okay thank you before you get started I'd like to ask the manager a question okay thank you um the garbage can and the the garbage if I heard it correctly the garbage can the recycle in some of the homes some of it's picked up in the front and someone's picked up in the back is that what he just said he left now he he said or one of the one of the speakers said that why can't um was Thomas kamuli and um Mr kamuli he said that um the trucks that are picking up the recycling especially in sunr West they the same trucks that um go down the alley but the re from what I was told is because some alleys are more narrow than most that the streets been the most common place to pick up the recycling as opposed to the trash and I and I think the recycling trucks are a lot bigger for some other reason but that's what I was told why why we couldn't put the recycling in the back he was talking about specifically the recycling part of it that we have to bring out outside every specifically on on our pickup day so some of them do put it out front because no I think all of no all the recycling goes out front if if um if you don't have an alley then the recycling goes out front if you oh yes I'm sorry I'm not gonna but I'm just speaking from sunr West perspective good evening Eileen damaso with Coastal waste and recycling the what I believe he was saying is that the recycling is collected curbside and the reason was collected curbside is because my North Miami Beach used to have a contract with Mii day County and when we started back in 2008 all the recycling that was part of the agreement to go curbside I am definitely not encouraging to go to the alleyway but that's the reason that the curbs the recycling goes curbside and the garbage is and the Alleyways because that's how it started when Mii day County started collecting the uh the recycling it was all curbside but I'm not encouraging alleyway but thank you that that's clarification so so there are Advocates that want the garbage picked up in the front in the Sunray area so if oh yes oh yes no no that would be that that no we would not want that that okay you have to be a commissioner to get those phone calls yes no no I I I live in that area no we would not want that because I've had plenty of discussions that why it shouldn't be because it can it'll block the Alleyways it I mean the driveways it'll there um you know it changes the the total look of the city etc etc but as I took pictures and shared with you the recycle it I would say at least 40% is trash so so are we going to to really make sure with a followup if the recycle is going to be in the front and not in the back that the recycles really boxes and really recyclable I mean was it 60 Minutes Or 2020 somebody had a whole big thing about how recyclable isn't really recyclable anyway only about 15 to 20% not even that high goes to recyclable so I again want to Advocate and I know we just increased it to a week don't everybody call my phone I understand but are we really costing the city money or we're doing something good I mean could we please have a definitive answer on that because if only 15% is going to really recycle and it's costing us money then we've got to reink of the whole thing it it's more in in this area it's more than 15% but I can get you those numbers on what was happening with the recycling I mean at one timei I mean stop collecting recycle at all commissioner to your point I think that's a conversation that almost every city is is trying to determine um and and you have t technically some some that go something's going to be better than nothing um because of the environmental impacts um I know that there is a uh State statue um in which the state needs to collect or recycle uh a certain percent or tonnage every year and the numbers that contribute to that are all the municipal County and Municipal recycling that was ped um Charlie Chris I believe passed it a couple years back and it's 75% um that all the municipalities and government entities have to commit to 75% of recycling right um but what it actually does for the environment and is it really a benefit that's I I don't think there is a definitive answer I think that's up debate and depending on who's on what side they'll make an argument for and against the thing that really is um very unique um to being a commissioner is the phone calls about how expensive it is with the water so when and that's what it is because the chemical cost more the labor costs more costs more but if that's how much your water is going to cost then where else can we help them not have additional expenses to the city and that that's why I think this is an important Avenue to explore twice coming every week and what percentage has to be mandated from the state but really and truly is it costing the residents money another $3.50 per month and the benefit isn't there so I mean I understand it's an ongoing conversation but it's a conversation we can't end okay I think we got the point um all right thank you um oh since we're asking questions I have a quick question of the manager also the the the request that went out for the attorney was for 4 days a week but there was also an option to bring it in house that no one applied for was that also for 4 days a week we we said that minimum in office presence essentially is is 4 days um and the both either yeah it was all the the same procurement as which followed the 2020 um procurement that was um put out um we didn't we talked about an individual attorney could apply versus a firm right um as we indicated when when it went out we also advertised that with the various bars and tried to get to illustrate for for in-house uh but no individual um no one applied but that's that's concerning that if we had had an in-house attorney would have been for 4 days a week also that to me that's concerning that again I think there's there's there's a mischaracterization here that in-house attorney with a physical presence of four days a minimum of four days would only work four days right there's it's try I agree that I don't think any attorney would be able to do that but the fact that it was just there is concerning so yeah just moving forward you know I don't want to I don't want to dwell on the past but moving forward that that just can't happen again very disturbing to me very thank you okay all right so um announcements uh Mr manager good evening I'll keep them short and sweet uh we ran an aggressive and comprehensive public Outreach campaign for the city's new weekly recycling program uh you may all be nominated for Emy for your performances and the recycling video I particularly liked commissioner Joseph's um the city manager did his own recycling video out in the field the first week uh he may be nominated for whatever the opposite of an Emmy is um a kid he's a good sport and he gives us lots of fun outtakes to work with um uh after the next see the bloopers yeah 130 uh we're working on a series of videos to promote small small business Month in May and the city's business expo coming up on May 8th uh this Thursday from 9:00 a.m. until noon there will be a farm share food distribution at the Aquatic Center just behind City Hall here uh the Miami mobile diaper bank will be Distributing diapers this Saturday at 12:30 p.m. at the North Miami Beach Library uh Mr Hall already told you all about Heritage day in Washington Park uh the city will celebrate green week from April 22nd to 27th with a series of events at the North Miami Beach Library including giving away 300 trees for people to plant the city will host a youth Symposium April 27th from 8:00 a.m. to 1 p.m. on May 2nd the city will host National Day of Prayer event at 11:00 a.m. here at the yes Center on May 4th attend Haiti rhythm of our heartbeat the spirit of conbe at the NMB library and on May 15th at 7 pm. the city will host youth financial literacy workshop at the Litman theater in collaboration with City National Bank thank you very much all right thank you could I please have a copy of that when you get a chance I'll thank you okay um all right City commission reports Madam clerk commissioner sherov you forgot Arbor Day Arbor day is the 27th of April okay we will be giving away trees at the North Miami Beach Library um one per household okay okay during that week we have on the 22nd April 272nd kiss the ground is about um orchids second one no I'm sorry the second one is orchids million Orchid project on April the SEC the 2 23rd had a compost on the 24th Story Time and bookmark contest on the 25th but everything culminates on Saturday the 27th where we're also going to have have a shredding truck for those of you who just filed your taxes yesterday um you know however many years you save them for you can throw out the the last year that you're going to throw away um bring them to us to shred and we'll be happy to do it for you okay um he also mentioned Farm share Thursday right here at Victory Park Victory pool vict I still call it Victory pool okay the S Center the whatever you want to call it um but that's this sat Thursday 9:00 a.m. you know you have to get in line early um this one gets a lot of people that come and wants it's food distribution and for all of our Jewish families out there hawf have a wonderful Passover thank you oh and congratulations to our new attorney Mr Joe Geller commissioner Jean good evening everyone I want to start by reminding you that April is actually Stress Awareness Month so check your stress level make sure you're staying relaxed and staying cool during the the hot spring and summer months we want to thank our Parks and Recreation and also police department and our manager's office for a successful College Tour we're able to visit four colleges and we had about 45 teens that attended um also kudos to the police department and um commissioner shernoff for tour to force um you know we have a a running bet that I'm learn how to ride a bike by the end of this year so um and swim as well um and I also had the chance to attend the special Olympic games um and it was great to see thousands of athletes participate in that want to remind you that April 21st the Humane Society will be having a brunch for animals for you animal animal lovers and as it relates to the better bus Network for those of you who are concerned about the changes in the bus routes there will be a update a community meeting happening at Oak Grove Park to update you on on what the county is doing as it relates to the better bus Network and again um May you celebrate a safe and successful Passover commissioner Joseph thank you um just want to U say good evening to everyone I hope you guys are staying safe um and that um to my to the Jewish Community good pace sock coming up um also last last week there was a an event um at um um man escapes me I'm sorry I'm having a senior moment W that's crazy that I'm sorry uh but I I want to wish everyone a happy and safe uh week and I I look forward to a speedy and and good meeting stay safe thank you commissioner Smith thank you uh first I would like to address the manager again that in the budget process the library has become such an important part of our community and everything they do when you talk about it they're not even touching 30% of what they're capable of but they can't do it without staff so let's I know the budget's going to be hard for you there's deficits in a lot of areas but that's an area where please um I've been shouting it now I'm going to scream it money for the library please um I also tomorrow is um senior in the morning at 10:00 in the yes Center next door we have a very strong commission for seniors anybody that has that extra hour and a half we would love to have you join us and help with some ideas I know I'm going to bring some ideas forth about it tomorrow for seniors and see what we can come up with also tomorrow tomorrow night at Eden Niles in eastern Shores 170th Street 169th Street 169th between 169th and 170th pack is meeting there you don't have to live in eastern Shores please feel free to come I want to thank Mr Haron for a job that he did and took good care of us as Commissioners John Heron was somebody that you know as they say we hope that everything turns out perfect but we would always welcome him back we want to thank our new attorney for joining us um I had the privilege of spending a few minutes with him and I did inform him I was going to bring that up and I am going to continue to bring it up I find it to be offensive to taxpayers that are Charter officers are not here 5 days a week I find that offensive not just to me because sometimes I'm here sometimes I'm not many times on the weekends but that's a charter officer so I'm going to continue to bring it up and last thing of course we want everybody to have a safe and healthy Passover and those that are not Jewish to also remember one thing every time you're with your family you're making memories it could be a bad memory cuz you're always screaming or it could be a wonderful memory because you're hugging them every chance you get thank you be safe vice mayor smuckler commissioner Joseph did you remember what you had to say huh did you remember what you had to say cuz I was going to let you say it now I have not um M Mr Kazan I like I said I was thinking about an event yet last week and I okay you can say it later then all right um first I want to start off by congratulating um Joe Geller welcome to North Miami Beach happy Passover to those who celebrates my favorite holiday because um yeah because there's a a recipe that my mother used to make and I and she passed away 43 years ago but I learned how to make it and um just it keeps that memory alive of her so it just um Passover makes it special for me to be able to continue that tradition um I want to encourage um the teens of North May beach and surrounding cities to attend our the uh the commission status of women's youth Symposium this is something had that had been happening for so many years and and took a break during Co but it's coming back again and we're so excited for that we also the commissioner status of woman wants to remind I don't think it's online yet but we have the baskets of love the deliveries of love that we have been doing for the last several years so as soon as that's online um please um men surprise your mothers and your wives and your um sisters who live in North Miami Beach and sign them up for these special deliveries the Multicultural committee is so excited um for this upcoming May 4th when we are going to be celebrating Haiti and we're going to be having um food dancing and um the art of Zeke Mathias who is a friend and someone who is a a great artist who is who is helping us put up this event I also want to um to a very special um employee that um I met about 18 years ago here in North Ry Beach Jan fom I want to wish you a really speedy recovery and hope that this is what you needed to be doing to um clear the path for you and bring you back here as our in our city the the way you were two three years ago maybe this is what you needed this is where your cure is going to be found and um we just wish you a speedy recovery and hope that everything turns out the way it should and as always I want to thank the police department for taking care of our neighbors our cities our our residents our businesses and our visitors with without PD we are no one and also without parks and wreck our events would would not be any fun or or good so thank you to them as well and have a good evening mayor Evan Piper okay thank you I'll I'll be quick here um first um congratulations to attorney Geller um make us proud please and um also thanks to um our former Attorney John Heron who um did work Tyro C and do a good job for us um another thing I wanted to do is is thank our our management team I've um worked with a lot of residents that have had uh different challenges in with their um homes and what have you and our management team has been um really incredible with helping out of course um our city manager and our um building official who's in the back there thank you um Deputy City attorney David Scott thank you so um it's all and and along those lines um I just wanted everyone to know that the mayor's office is open if you have any issues to um reach out to myself or um our or benice Morris who's our senior constituent Aid in the mayor and commissioner's office and I think I speak for some of the everybody else here as well but um but please you know reach out to us or reach out to Bernice and she'll get the message to us if there's anything that you need last but not least Happy Passover thank you only four days a week huh we're only open four days okay we are huh you're done that's it no more pictures more pict okay [Music] all right I think we're are ready to move on to consent agenda who to approve the consent agenda second okay do you have a reading of the titles or yes that is your job one at a time one of them one of the many okay item I guess we have the minutes or part of it first Madam clerk yeah just get just item 9.1 did you remove the the two items that commissioner Smith pulled okay yes thank you it it 9.1 special commission minute meeting minutes of March 18 2024 item 9.2 City commission conference minutes of March 19th 2024 uh item three regular City commission meeting minutes of March 19 2024 item 9.4 resolution number r242 24- 47 approving piggyback contract with gml codings LLC for tank recoding services Andrea Suarez abesa n MB water director resolution of the mayor and City Commission in the city of North Miami Beach Florida approving a piggyback contract between the city and gml codings LLC for the purpose of sanitary sewer storm water line and manhole rehabilitation services for a total budgeted amount of $90,000 authorizing the city manager or designated to do all things necessary to effectuate this res resolution providing for conflicts providing for sceners errors providing for severability and providing for an effective date item 9.5 resolution number r202 24-48 approving an agreement with North Miami Beach Little League Inc Andrew Plotkin Parks and Recreation director a resolution of the mayor and City Commission in the city of North Miami Beach Florida approving and authorizing an agreement with North Miami Beach Little League Inc and authorizing the city manager or design to do all things necessary to effectuate this resolution solution providing for conflicts providing for scriveners errors providing for severability and providing for an effective date 9.4 was pulled I'm sorry 9.6 was pulled 9.7 resolution number R2 24-50 approving change order to the piggyback contract with B&H Photo DBA B andh Ricardo Castillo Chief Information officer resolution of the mayor and City Commission in the city of North Miami Beach Florida approving and authorizing ing a change order to the piggyback contract with B&H Photo Inc DBA B&H for the purchase of audiovisual equipment accessories and services increasing the estimated budgeted amount by $100,000 authorizing the city manager designated to do all things necessary to effectuate this resolution providing for conflicts providing for sceners errors providing for severability and providing for an effective date 9.8 was pulled item 9.9 resolution number r- excuse me r224 d 52 changing the June Commission meeting from June 18th 2024 to June 27th 2024 Mario ad Diaz city manager resolution of the city excuse me of the mayor and City Commission of the city of North Miami Beach Florida amending resolution r223 d95 to change the date of the city commission meeting for June 2024 and providing for an effective date item 9.10 resolution number r 202 24- 52 approving a 5-year extension of the interlocal agreement with Miami D County Office of film and entertainment for permitting Sharice George deusa uh Chief Information officer excuse me Chief procurement officer a resolution of the mayor and City Commission in the city of North Miami Beach Florida approving a 5-year extension of the interlocal agreement between the city and Miami day County for the Miami D office of film and entertainment to issue permits to film and still photography production companies allowing the use of City facilities and services authorizing the city manager or designated to do all things necessary to effectuate this resolution providing for conflicts providing for scen eres providing for severability and providing for an effective date that is your consent agenda okay thank you we need a motion and second to approve the consent agenda motion second okay and all in favor say I I any oppos okay passes unanimously before you go on Mr Mayor y if I may I just want to recognize Senator Ron Silver and thank him for coming to North Mi Beach as he always does he he's been here since the beginning of the meeting and you know what he he looks after his City he's been here since the beginning of time right too we we hope we provided adequate entertainment for you this evening so okay um all right so before we move into legislation I know we 9.6 pull that right so we're going to the next item we're going to do now is 96 right yes sir okay you ready for is that red first yes yes okay tell me yes so yes to read the title resolution 9.6 resolution R 202 24- 49 resolution 9.6 yeah we need to we need to Mo to introduce May to introduce yeah yeah okay 9.6 resolution number R2 24- 49 approving an agreement with North Miami Beach youth a Inc sundevils Andrew pokin parts and Recreation director of resolution of the mayor and City Commission in the city of North Miami Beach Florida approving and authorizing an agreement with North Miami Beach Youth Athletic Club Inc and authorizing city manager designated to do all things necessary to effectuate this resolution providing for conflicts providing for sceners errors providing for severability and providing for an effective date okay thank you um Mr PL you're going to speak on this have you been I can f in the mayor one of one of the things um that administration had been looking at are various agreements throughout the city um we found out that there were no prior agreements with any of the Little Leagues within um NMB and so with that we moved forward with drafting a template it's gone back and forth with the various leagues it's taken quite bit of time um but we have gotten here uh you did approve one already um this one is for the sundevils um there is a error I believe um that I'd like to just kind of clarify the end um date for the term agreement says September 29th 2024 um yet use of facilities have it going into December of 2024 I believe that uh term of agreement would be September of 2024 and the attempt is to bring these back on a yearly basis um to to the commission okay so now because I pulled it I'm going to interrupt and Mr manager if you could give that information to me when you see it that there's an error that we're voting on before we have to vote I'd appreciate it because that's the reason I pulled it it says very clearly what I'm supposed to vote on the term of the agreement shall start on October 2 1st October 23rd and end September 29th 2024 unless sooner but they're going to use the facilities from July 1st 2024 through December 31st 2024 and and this is what I was supposed to vote on and that's why I pulled it so if you recognize and you know several of them and we voted on them and I did it with of course uh a full heart I'm reading it several of them they were up a year ago I don't understand why we're not voting on them the month before they're up so why are we voting backwards um but this one I voted for them I didn't I did ask I didn't get an answer yet why we went back and they were going to go to procurement and find out why it wasn't brought to us a month before it expired because there wasn't one there were three or four so I'm looking to the public then I'm identifying this to the public because now this is repeated to me and I am in a frustration position when I have to when I'm reading it at home absolutely uh commissioner if if you would in um ands me if I would be glad to get you that information if you would have uh brought that up okay well I spoke to your staff so I understand and I also want to say and I can do we have um the only um in the rears is with regards to the fire station which is coming up um that is something that the county um made us aware as well as the film um as both of those are are doing with with the county this Administration wasn't aware of those leases um until until they were brought up and even the county um is is um was late on even notifying that they wanted to extend theirs the other with regards to these athletic schools the city or athletic leads the city never had an agreement and so we're putting this agreement together we tried to get it before the end of the year even uh but it's gone back and forth with the leagues uh with various language and there was a script ners eror here in in in this one um in which we're trying to rectify now okay well scrimer area doesn't change the context so that's the second time you've used that when it changes the context it's not a scrier error this isn't adversarial this is not adversarial this is just the frustration when you are reviewing this for the public to vote on it because when it's on the consent agenda and nothing's been made aware that there's been a change that's what you're voting on so that's why I'm bringing because we've gone back and forth with this a lot of times and that's why we have a huge staff 390 employees full-time to review this and I when it was on the consent agenda I felt compelled to bring it out that what we're voting on has to be what we get in our package or there could be a correction I understand that but if there's a correction then please let us know before we come here to vote and I thank you very much for understanding the frustration I have because um obviously if they're going to use the facility 6 months after the lease after the agreement's up it's not what it should be thank you very much all right so we need to um have public comment I make a motion to vote oh you still have anything else to say or you're good okay I make a motion to accept all right well hang on I think we need to do public comment first oh anyone would like to speak on this item okay the revised let let the record reflect nobody came forward second your R it has to be revised let the manager make it clear to or the attorney make it clear what it should be we're voting on amend okay I I'll defer to the manager for that since it's uh the administration's item simpling agreeing um to the agreement as presented with a change of the end date to December 31st of 2024 make a motion we accept second okay all in favor say I I I any opposed passes unanimously okay I guess 98 would May yes 98 98 item 98 resolution number r224 51 approving the final 5year lease agreement extension between the city and Miami day County for the use of fire station number 31 sh sh excuse me ma'am Sherice George deusa chief procurement officer a resolution of the mayor and City Commission in the city of North Miami Beach Florida approving and executing the final 5-year lease uh agreement um so so it it I think the word extension may be missing from the title but it it approving and executing the final 5-year lease agreement I believe the word extension should be there between Miami D County um and the city for the use of fire station number 31 located at 1705 Northeast 19th Avenue North Miami Beach authorizing the city manager or designated to do all things necessary to effectuate this resolution providing for conflicts providing for scrier errors providing for severability and providing for an effective date all right so I I pulled this one what do you want to just go ahead let's let's just get to the bottom line um I pulled this one because it's an extension I understand from the county uh Mr manager that they had to work with you and they were delinquent and working with you on this because they don't have a copy of the it apparently in their file I just got a copy which I requested so that I could see they're renting the facility from us we're paying them though for their services so in the f year second contract was there a change in fees or it stayed the same for 10 years um commissioner I'm not aware um of of any changes within those I know in the 2009 extension um I believe there was some type of agreement with the um city um because they contributed towards a construction um of the um of the station um and then the agreement from 2009 list that they um their rent is zero they pay about $440,000 worth of utilities and then they made a uh I believe it listed it as a million doll contribution towards the construction first year was 500,000 outside of that I'm not aware of any additional um funds I briefly looked at it briefly um fire station and we give back uh gosh I didn't mark the page it was over a 10,000 177,000 I'm sorry I didn't memorize it because I was looking we give for their to use um to use their services but anyway I just wanted to know because as the cost of everything goes up and it's a 10-year contract going forward I'll try to review this but and we can't change it anyway but going forward facilities that utilize property that the city owns we have to make sure built into the contract and I might address the attorney for this built into the contract that we have an adjustment annually it doesn't even have to be big of course there's when you when you lease something there's always a 5% or more adjustment based on the fact that the taxes will go up the cost of insurance will go up so this is a 10-year contract with it a renewal five one year's already gone almost a year and a half but I just want to make sure that it's on about everybody's mind to any contract that the city owns the property and they rent that built into the into that is uh an adjustment and I don't know I really don't know how this works we'll have to find out maybe so we can at least know what we're doing pardon me um correction um Sharice this was an initial 25 lease with five 5year um extend exensions this is to execute the final 5year extension and then what and then what's the we would have to renegotiate with the county um whe to to stay in their current location or if they're going to fund the building of a of a new station or we would have to renegotiate that but we own that property correct so that's whether they rent it or somebody rents it it's going to be utilized cuz we have the new the other building on on 172nd or it's third 17 Third Street so that's that's what I wanted to get across and that's why I pulled it okay yes the City attorney wants to see yes through the mayor um I'm happy to get with the administration commissioner and if that's what they're able to do um then we can certainly write it up but if it's an extension of an agreement that was previously reached we may not have the ab ility to uh renegotiate but again I no I think you misunderstood I'm wasn't asking that I wanted to know I just want to know what it was so that I could know and I wanted to say that going forward any City owned property that has those my 25 years so they've been paying maybe maybe the same terms have been going on for 25 years which look at the price of eggs 25 years ago saying to your point commissioner Smith I think we should make that request um to see if it is possible because I think you you make a very good point um and I don't know if you want to U make a motion to do that just to make the request to see if it is at all possible because they're coming up to a five-year um final um term extension if we could say hey this would make us more pable for you know the upcoming lease and fires because they like to plan that way no you misunderstood the five years came and went a year and a half ago so if we vote on it tonight I I think the point really is is that we should just be mindful that with whatever whatever similarly situ situations that we have to make sure that we're not asleep at the wheel and and make sure that we're getting market value for what because we're going to vote on it tonight commissioner and we once we vote on it they're going to have no I I agree I was just thinking that from a from uh I'm not saying a symbolic request but just to see if there would be more inclined I mean um to possibly doing an early negotiation for extending the lease I don't know or maybe they want let's let's let's ask the procurement director you have any opinion on that or the manager what you know as far as there any can we have discussion with them or is it too late this cycle I I think we can um definitely initiate conversations for the next set of leases that are coming forward um and and I agree anytime that we are going to be leasing any type of um public facilities uh we should have have the the agency or whoever is going to be renting it providing some kind of um rent to to the city how much and what that looks like we would give the best recommendation and then you all kind of decide from a policy perspective what what would be good for the uh for the city right okay right I want to also mention I just now got the in front of me um the renewal has to be with a 30-day written prior notice the renewal has to be within a 30-day written prior notice I just want us to start to follow what it says I mean that was a year and a half ago but that was on the county right they brought it they they notified on either party either party so we needed to notify them um they're agreeing also hold harmless I had that Circle nothing um nothing they also have limited liabilities based on um 768.jpg is there to help limit both sides liability and make sure that we're not inadvertently in our contract negotiations that neither the county nor the city is waving the sovereign immunity protections we have so that's the purpose of thank you I just didn't know what it was when I read it move to approve resolution 2024 got to do public comment first we have one coming up good evening Terence culi sen West um just a quick thing a lot of what I was just hearing tonight fell under the previous city managers uh Administration not this current city manager so he's probably coming and getting caught up on things still um Mr manager thank you for all the help all the work you've been doing over the last few months um um I would look forward in the future trying to uh review everything so that all this will not be in uh AAR because of course uh this supposedly happened before I heard about the the other object that she just brought up um so if somebody can now review almost everything that we have here in the next few months I know it's going to take time but uh get getting those reviews done and getting the contracts up to date would be the best interest for the city of North Miami Beach thank you very much thank you anybody else public comment no all right let the move to approve resolution number R 20241 okay we got a second all in favor say I I I any opposed passes unanimously okay all right move to introduce legislation 11.1 ordinance number 20- 24-02 second and final reading okay second wait attorney yep go item 11.1 ordinance number 20242 second reading text Amendment for animal Hotel boarding Edward Ang interim community development director an ordinance of the mayor and City commission amending the code of ordinances of the city North Miami Beach Florida by amending chapter uh Roman numeral 24 zoning and land uh development specifically section 24-22 definition to modify the existing definition of kennel and to add the term animal boarding amending Article Five zoning use districts to streamline and correct permitted and conditional uses to be consistent with the the definition adding animal boarding to the permitted and conditional uses listed in the B1 limited business district B2 general b business district B3 intensive business district B4 distribution business district B5 distribution business and medium industrial district fulford mixed juice Town Center District muc mixed use employment center District mu- SLC mixed juuse Neighborhood Center District Muny I'm sorry MNC Arch Creek mixed juice Carter district muc Southern mixed use Waterfront District mswf Northern mixed juice Waterfront District mu/ nwf Eastern mixed juice Waterfront District mu ewf and International Boulevard District mui as a conditional use providing for the repeal of all ordinances or parts of ordinances in Conflict therewith providing for severability codification and for an effective date okay Mr uh um if it please it's the commission uh then there a second reading do you want me to just foro the that presentation and move to a question from the commission right so I first of all I wanted to thank commissioner Joseph for tbling it last month right thank you so um so I did speak to the manager about this last week and um and I had spoken to a few Commissioners on the past and they did say that that there was something in there and as what the Comm what the manager explained to me that um you cannot have this uh three 300 300 ft from from any residences and that the inter coasta mall and the apartments town houses behind it are 300 feet within that limit so therefore or less than 300 feet so that would prohibit it happening there at the inter Coastal Mall it it should um now if somehow in the future the very sou portion of it is that outside 300 ft it appli for then you know that up to the commission discretion at that time as a matter of policy but after written no you can't do it right now and they can appeal to you as a commission that that's what this really just call for allowing them to appeal to you for your decision if uh in the future all right so based on that um I'll I'll I'll vote Yes based on the information the manager gave me okay um all right so I guess we don't need any more and thank you again we are we are going to need public comment on this definitely anyone wishes to speak on this item okay no one came forward public comments closed any from fil Commissioners further um it's going to be a roll call yep so um don't we need to approve it we need a motion in a second and then we can do move to approve ordinance number 20- 2402 reading and we got second okay roll call please I wanted to just ask cu the last time the vote was 43 and you were one of the Nos and um and commissioner CH enough was a no and I I researched it today I looked for the minutes of the planning and zoning and I went back over with the clerk over the meeting but nobody really gave the reason why they're voting no just didn't have enough information as far as I was concerned of who it affected or didn't affect I see and I voted no because I thought that um it was changing what was done many years ago not so with the interpose tomorrow and once it's changed I just wanted to verify and he just said it though that if there's an exception they can always come before us to ask for that because I think it's a good idea okay all right roll call commissioner shernoff yes commissioner Jean yes commissioner Joseph yes commissioner Smith yes vice mayor smuckler yes mayor Piper yes the item passes 60 okay um 113 we need a motion move to introduce ordinance number 20- 2406 11.3 okay Mr attorney and I'll note for the record 11.2 was deferred to next meeting at my request item 11.3 ordinance number 20 24-6 first Reading Street Tree Land scaping update Edward a interim community development director an ordinance of the mayor and City Commission of the city of North Miami Beach Florida amending the code of ordinances of the city of North Miami Beach chapter 24 in Roman numerals entitled zoning and Land Development by amending article 11 entitled Landscaping section 24-19 minimum Landscaping requirements for all zoning districts amending section 24-1 121 entitled tree removal permit to provide for clearer and more concise specifications and guidelines for applicants by creating a new section 24-15 entitled right of way trees regulations providing for codification conflict scriveners eror severability and providing for an effective [Music] date okay um thank you mayor uh yeah all right uh the question here to amend the city's uh Landscaping requirement to encourage increase the city's urban forestry uh particularly our can be coverage as you may recall a couple months ago uh uh we had uh completed in urban forestry and can be a plan that would um that was Grant funded and presented uh before the commission um we got a bit of feedback about putting these regulations in place uh so that we could actually move forward with actually what the plan said but in order to do so we actually had to take what was in that plan and translate it into legislation that you see before you today um the regulation cover installation and maintenance of City streetcape uh particularly the trees cling the r way as well as what we can require of our uh development uh at they come in for S plan approval um you know they come from a need to really tried to uh reduce our existing tree canopy uh to promote down Landscaping principles increase tree canopy over time um uh the actional items here really look towards uh looking at everything from the species of our trees uh we actually have a large diversity of species when you look at it as a whole but we also have a hyper concentration of one or two types of species of trees so we're actually disable to in the city uh um which it's really important that we acknowledge them the think that because trees are actually an investment in public work from our city and this is uh having regulations like these be amended for Best Practices help the city um uh uh preserve its a vital investment in our Civic infrastructure um the for plan as you call had a inventory protecting policy tree pruning and maintenance program preal procedur planting programs um as well as training Outreach and when you look at the ordinance um you'll find that there are uh on of change of even great uh changing things like requiring different uh caliber diameter at uh of trees and so forth that were based off of this uh analysis um so the change that come from the actal item in the report there changc b ification uh diamet breath TR the types of treat that we allow in the in the city to really guide us towards um Florida friendly and Native species uh and and so forth um we also want to establish standard regulation to the public right away uh through here uh um as well as provide for how they um how on these trees when you plant them you want them to have specific specification so that uh they're better from a landscaping standpoint to viability standpoint and uh so forth we also received recommendation from the consultant uh regarding arrogation and you'll find that in the upcoming months the city uh City staff has been working on updating our irrigation ordinances to provide it to you that would uh the ORD that D for you had previously presented to the planning and doning board who voted to recommend uh for approval uh 5 and at the uh March 11th meeting uh we had also previously taken uh additional action to uh try to involve the uh feedback from the beautification committee as well uh um we're happy to answer any questions regarding uh regarding the uh specific of the ordinance okay all right thank you and um public comment next good evening Terrence culi sunr West resent 30 years um everything I hear in here is about trees what about shrubs what about Hedges um there seems to be a lot of this new type of hedge that are people are putting up on their properties some of them are blocking right away safety um especially when you come to a stop sign they're right on the edges of the sidewalks blocks view of uncoming traffic both left and right especially along 19th Avenue um and also I don't know how the police are looking at it but a couple things when I was the chairman of the beautification committee in years past I was very adamant about trees and being put up in the Parks shenberger Park was one of the parks that we uh redeveloped turned out very pretty but uh you know these shrubs that are supposed to be no higher than four feet in the front 6 feet in the back are now higher than houses all throughout the city and unfortunately code cannot do anything about it they say that there was an ordinance passed but it was never actually passed that prevents the code people from actually enforcing the 4T 6t height limits on these uh Hedges especially uh with a very little minimum setback from the sidewalks and some actually do encroach the sidewalk for people walking which is an ADA violation um I just want to bring that forward thank you very much thank you Mr yes we just make sure we done public any other speakers Mr Mayor okay no one's coming forward public comment is closed commissioner turnoff thank you Ed this is a very needed ordinance that's coming forward and we did get a plan that the beautification committee did see and saw the uh presentation by it and it means a lot to the city to do a lot of things as far as trimming trees and doing everything to comply with this but the gentleman's you know point is about the hedges is something I brought up when I first came back was that all the years that I was here before there was a 4T height in the front and the reason there was a 4T height you can ask the police was so that a police car driving down the street can see the your front door if there's anything going on if these CH Hedges now in in my neighborhood the same they're 12et 14t high and they do encroach on the sidewalk we have to site them to get off the sidewalk and so on and so forth we have to be more diligent but the issue is that a police car drives by they can't see the front door anymore and you know that's a hindrance to them the resident not the city that's a hindrance to them so I think we need to revisit the hedg height and maybe come back and start you know having hedg height discussions again but this ordinance is definitely needed thank you okay Mr Smith thank you I apologize Mr manager I read this very late but um there are a few questions I have in reference to this one of the questions is um on page uh it doesn't have Pages number n number 9 under 24- 1119 in reference to um proximity to overhead or the underground electric facility shouldn't it add the driveways and the visibility to that sentence maybe the City attorney would want to bring in but I would think that that would also be something of interest um the other thing I wanted to add is um where it says that you know one of the regulations that we're putting in the code is that it has to be a minimum of 12 feet in height for these trees that we're going to be planting my question is shouldn't it have a range like 8 to 15t rather than a definitive at least 12 feet because maybe there's a 10-ft tree that we can get at a discount or whatever or it's the only one that would suffice that you want planted there I mean it could be based also on price it could be based on Fast growth so I think that where we have definitive numbers there should be a range and um it's very interesting because the minimum used to be 25% of all required trees shall be of palm species and now we're changing it to the max ma imum should be I mean that's quite a change that is quite a change so if you feel that's necessary I am not uh you know you have to really understand this my brother may rest in peace this was his career but he's not here so I'm just going to have to trust the professionals but I do think that under nine we should add plus driveways inv visibility and I think that we should change it to read arrange and normally I do apologize I would have done this prior to but I just wanted to be on time okay what do you thinking mayor I may uh just provide some quick notes uh commissioner um for your comment well taken it is a policy decision the number here it was recommended by the arborist who did the urban for uh C report we do not have an AR inh House of the city and so we uh we have written this IND deference to the uh the arst recommendation here and it is specific to replacement trees now this is actually uh in regard to a tree that need to replace I oppos to a new tree which does have different regulation and like you were mentioning in terms of if it's younger if it rain so but but it's so definitive 12T I mean this is first reading right so maybe for the second reading we should explore that certainly and I mean we don't have to go under 10 feet or we don't have to go under 8T but have a range and then in reference to the palm trees because palm trees are a funny thing because you don't want to get coconut palms they grow up so big and then it's very difficult for staff to take care of them during Hurricane Season to get everything down and so palm trees to have a Mac a 25% I mean anyway there just my suggestions for Section reading definitely we'll laugh a look at it more there are some sections that City where we actually do regulate a maximum of uh 25 C for palm trees because the whole point of the tree system is to try to increase the canopy and Palms provide very little canopy so what we're trying when the S plan comes in it go to uh to to try I agree with that 100% and palm trees are not easy to maintain they grow fast right I had a good question so who's going to be in charge of regulating this since we don't have an arbor is per se are is the responsibility going to follow on code on Public Works have you guys identified we he said we don't have an arborist currently we're hiring an arbor didn't we didn't we vote on to hire an arbor we voted on one but we don't have one currently in house is what he mentioned these uh these standards are applicable during the St plan review process uh um so current staff uh and uh uses consultant uh cost recovery at no cost to the city the developer uh be to uh be the cost of that to do the review though we can apply the code right there just moving forward uh um you know and the repl in the tree that's where uh we'll look at a stff a little bit more uh um in terms of actual height and stuff that's currently handled by code in terms of trimming and so forth didn't get a clear answer but as it relates to the tree removing permit right is this for the the resident to to obtain or how is that going to work um in terms the removal of tree permit they usually are initiated by they're supposed to be initiated by the property owner if the tree is on their property if it's on right away and there're the concern we've had a system set up where it the already comes to us and we verify that it's on the city public RightWay then uh during the intake process we refer it to Public Works and a public works department then reviewed verified and addresses the issue and who gets the cost pardon the cost burden the cost burden is such that if it's on the city's right away it is the city's tree and therefore the city be the cost of removal but if it's on the resident's own property then it's the resent tree and then the resident is responsible for the removal of their own property so if it's the resident tree they still have to get a permit in order to remove it yes now that we do have Provisions to wave certain fee requirements say if the tree has a it uh not non-native or so forth so there are provision to weigh certain pth of that fee all right thank you anything else okay um motion to approve um second okay and roll call I'm sorry wait before I apologize mayor just for clarity is the motion um also to adapt to come back at second reading with the removal of the maximum of 25% for the palm trees no that was proferred by um by commissioner Smith but I didn't know if that was a direction from the commission no no I my second reading I would like um to add those two uh the driveway and whatever the second one was and I would also my second reading um to I forgot what it was to change the word from um um minimum of 25 no no I just thought that I was just stating that that is it was minimum and now it's maximum that was such a wide range no I had no change with that okay the two changes let me get you had you were questioning the 10 ft versus 12et of a tree that I wanted a range that's correct I wanted the range on on I don't want it to be definitive 12 in case there's you know fast growing trees or or we get a real discount on 10ft trees and we need 10 of them or 20 of them I just want that's all you want arrange so arrange and I wanted to add please um that um on number nine plus uh driveways and visibility as the as you mentioned number nine clearly states that as part of the site plan review for proposed projects additions and Renovations the proposed Landscaping shall be reviewed to determine if the proposed locations of any of the trees are in proximity to the overhead or underground electricity facilities and I would say and driveways and visibility that commissioner are we also including the shrub the shrubs as well is that part of the conversation no this is just Tre which the shrubs that the M mentioned that's a that's a a separ that was going to be the question should that be a separate conversation or can that be amended to add that provision within this particular ordinance I would have it as a separate item because I would too do we have it on on do we already have that in our code do we already have about the shrubberies can't be we're just not enforcing it because I know my neighbor got a citation for his Shrubbery being too tall and he went around the neighborhood and took the pictures and he was shortest of the 20 pictures he took yeah so we do have current regulations on uh Shrubbery Heights we do go out and send code offer to to site uh on their regular Patrol and we have cited quite a few properties this year all right so second on the tree so it's G to it's going to be so on on the second reading we're going to have those changes adopted regards right so I'll I'll just verbalize it to make sure that staff understands it correctly so that when we bring it back for second reading it can it can um be with the commission's requesting it is to change um the item in which it talks about for the plan reviews which is item 9A uh to include driveways um and sidewalks as well and visibility and visibility apart from just the overhead electrical overhead or underhead electrical um or any other utilities as well as provide ranges as opposed to a 12T minimum um we'll we'll investigate to see what would be a flexible whether it's 8 to 12 or 10 to 12 and we'll bring that back to 10 to 14 the number 24-19 number two motion correct so you accept it yes as as accepted thank you thank you thank you yes um yes and I just let me point out that you know uh second reading amendments are certainly permitted and you can do them uh but at a certain point if it becomes very far a field for what you did and particularly um if you're if you're loosening things in a way that would be likely to be unoffensive to any property owner it's not that much of a problem for a second reading Amendment but depending on what comes from this discussion if you're tightening restrictions on what homeowners can do you may be in a situation where you need to redo first reading you can certainly change it but if it's a substantial departure from what's heard and it's in the wrong direction you might possibly need to do new first read makes good sense so yes so can you call the vote or can can I ask a question about the the mitigation for any tree removal process we can what what does that mean that we can't like I have a a palm tree that every time those fonds fall that it's broken my my car window my my side windows it keeps on my my sprinklers it keeps on breaking things and um one day I'm just going to get really upset and careful what you say yeah and remove that tree but I don't want someone telling me I can't when it's it's damaging my cars and my sprinklers and whose tree is it it's my tree it's your tree yeah but I don't CU it says here venation for any tree removal process but I I don't want someone telling me I can't remove that tree uh that wouldn't be part uh uh there are some trees you can't touch by La trees trees is one you need the permit right well well I think I think the problem comes in is because not everybody really knows what tree is good to take down and which one's not but it say it stipulates the requirements and mitigations for any tree removal process commissioner if I may I'm going to direct you to a portion of the ordinance under uh section three of the packet you have 24-11 on subsection c a tree removal may be authorized from one of the following condition exist and number four there is that a tree of residence property is deemed by Isa certified arbit a Florida licensed landcape architect to be dead or otherwise pulled in immediate risk to persons or property so if you know your example here had a risk to property right or to person that something was fall all you have to do get an ARB to certify that and it the the conditions are here to allow for such a removal you need permission okay makes sense yeah okay okay all right so I so I guess what I'm hearing then is if the if the overhaul of this becomes extensive enough then it may need to come back as a first meting again so so I think can we huh or amend it yeah okay yeah we're good okay this is he this this doesn't hurt the public it actually helps the public what I'm asking for what he saying is if the pur public has a negative where it does could create a hurt to them then you have to start from one okay this isn't negative so the Motions to approve with the changes that we discussed I make the motion it's already made it the mo it's already made okay I vot seconded right so ready huh roll call please commissioner Jean yes commissioner Joseph yes commissioner Smith I already voted yes commissioner shernoff yes vice mayor smugler no mayor Evan Piper yes passes 51 okay move to introduce resolution number 11.5 number r224 d55 need a second got a second here okay all right Mr attorney resolution item 11 item 11 .5 resolution number r224 55 approving and ratifying the purchase of direct materials for Norwood water Point Rehabilitation construction project Andre Suarez abesa uh NMB water director a resolution of the mayor and City Commission in the city of North Miami Beach Florida approving and ratifying the purchase of direct materials for the Norwood water plant Rehabilitation construction project through the city exemption from bidding Clause authorizing the city manager or designated to things necessary to effectuate this resolution providing for conflicts providing for sceners erors providing for severability and providing for an effective effective date okay thank you director thank you good evening mayor Commissioners this item is related to our Progressive design bill that was awarded in 2022 to a company called PCL Construction one of the items in the project was to build a high Sur service Pump Station So based on the design and what we are doing we also were talking with PCL because it's a 34 million project so we are a tax exempt City and we gave them our tax exemption as part of the contract what happened most of the time most of the vendors were not accepting the tax exemption certification unless they uh received the PO directly from us so three of the vendors for the high service Pump Station and uh were afon pumps which is exactly the pumps Rexel which is for all the electrical portion and the vfds and then we have Ferguson Waterworks for piping so we provided each one of them a PO and we were able to purchase the parts ourselves directly and with that we uh had Savings of almost $700,000 because we don't pay for taxes and we don't pay for their overhead and profit so this is the item that is in front of you because of the schedule we had to go ahead and issue the Po's so that has been completed with the help of procurement and this is just the item that is in front of you right now for approval okay quick question wait public comment okay please come forward if you wish to speak on this item okay no one's come forward public comments closed commissioner Smith I just have a quick question when I read this how did you get the company that had that had it already in their hand how did you take it away from them well it's just really purchasing the materials we already had that conversation and they're a really good contractor they told us that they have actually done that with other cities already so they were willing to work with us we actually tried to do this before but they had already already placed the order so in this time we were doing it and there might be other options and other materials that we will be able to buy as part of this project as so you had another one behind first but they had already placed the order so they they already bought the materials but now going forward could we anticipate before that's so that we don't have to backtrack and yeah so so that's what we're trying to do we're trying to work with them they provide us pretty much the the scope or exactly the items that they're trying to purchase and we go ahead and and purchase that because it's already un approved we just do a bit exemption and we go ahead and purchase the parts no it was Big Money big money thank you very much you're welcome I just also wanted to show our resolution number R never mind just just just a progress of or tank show us your show us your good work real quick we saw the tank last time you did but oh is that one the Pu oh that's why yeah that's the video I know I saw it before okay so we're not seeing any more pictures we're good right second you're good you're good okay I second all right so we need a roll call minut oh wait is it a roll call or voice voice voice all in favor say I I any opposed okay passes unanimously okay um 116 we need a a motion second J Jay you're sleeping on the job okay item 116 I had to turn the page item 116 resolution number r224 d56 approving continuing Services agreement task order from Brown and Caldwell for engineering design services for Pine Tree Park South Andre Suarez abasa North Miami Beach water director oh and the resolution a resolution of the mayor and City Commission of the city of North Miami Beach Florida approving a task order for Engineering Services for the project management of the water main replacement Pine Tre Park South in an estimated amount of $ 534,906 and availability of funds um providing for conflicts and subject to the budget appropriation and availability of funds and providing for an effective dat okay so uh this uh project and actually the following item they're both uh projects that are being done as part of our $106 million CP project and these are called and are under the system wide and has some fun in from uh Deo and wifia so these are the projects that we're doing we're replacing in this project specifically about 20,000 linear feet of pipe in the area of Pine Tree South located in Miami Gardens and we're replacing a pipe that has been there since the 40s 50s and we're also upgrading some of the piping to make it better for fire flow so we're also installing uh fire hydrants as part of this project some of the uh Forest Mains are also behind the homes and we're trying to bring it to the front uh of the right away okay great um all right we need public comment Madam clerk would you like to come and speak on this item okay no one came forward public comments closed any comment from Commissioners I just want to ask is this the same consulting company that we're using in eastern insures no no no no no this uh this is uh different so this is the first time they just got into our CCNA list so we're going to use Brandon coell for these two projects the company that we're using for um uh Eastern Shores we had hyon and Sawyer and Chen Moore those were the two companies the one for phase two is uh Hy and Sawyer so um this is strictly the Consulting in other words the management company that's doing everything and it's a half a million dollars and we're still have to do the pipes and the workmen and everything else so this went out for a bit or we piggybacked on somebody I forget this this is what we call our continuing uh services so we have a list of different Consultants that we go and and we work with but we do we comp compare the price we did so we did some negotiation also we had another company that came way higher than this one so we actually have a progression of negotiations when we go and and pick uh a firm to do it thank you for explaining that it's a it is a little culture shock to see that that's the person that's managing it and it's over half a million dollars and Mr manager if we could could you could we next the next meeting um could you bring us back a wifia report how it's going where it's going what it's going what we have how we're doing with that because we had a certain number of uh time period to spend that money and then start to pay it back and I'd like a report on that if Council will yeah haven't heard that with it doesn't start we don't have to like um pay it back until the last project is done right right right right so the substantial completion for weia is 2026 we still haven't started to withdraw any money because we're still using Bond money of it but we can definitely uh show uh where we are so we are expecting right now probably by 2026 is where we're going to start withdrawing some money out of the we loan and we that money can never be taken away from us though no no okay no and and on a monthly basis um the water department U provides the monthly updates um that they provide to the Pu which has a CIP program update n&b water Financial uh report update customer service update and community outreach updates as well and that's provided in your backup on a monthly basis had a question to the mayor um what's the difference between this project and Corona de delmare so this project is specifically a water project Corona delmare is a septic to sewer conversion project okay thank you you're welcome move to approve 11.6 resolution number r224 d56 second okay all in favor I I any opposed passes unanimously move to introduce 11.7 resolution number r224 d57 okay Mr attorney 11.7 resolution number r224 d57 approving continuing Services agreement task order for Engineering Services from brownland Caldwell for engineering design services for norn Southeast Andrea Suarez abasa North Miami Beach water director a resolution of the mayor and City Commission in the city of North Miami Beach Florida approving a task order for Engineering Services for the project management of the Waterman replacement norn Southeast in in a estimated amount of 41,5 excuse me 400 11,056 under the continuing Services agreement with brown and cwell for professional consulting services and authorizing the city manager designated to do all things necessary to effectuate this resolution providing for conflicts and subject to the the budget appropriation and availability of funds and providing for an effective date okay mam director similar to to pine tree this project is also replacement of uh uh water and relocation from the backyard into the ride wave for us to be able to access this is also piping that has been between 40 between the 40s and 50s so it's time to update and replace some of the piping that has been given us already some issues and we are adding fire flow and new fire hydrants for this one uh this one is about 14,000 linear feet that's why you see there is a a little bit of a reduction in the cost of what brown and Co is charging us for it this one's also not in the actual City per se right this is also Miami Gardens yeah okay all right motion to if there's nothing else from the commissioner oh are you going to open yeah we need public comment first please come forward if you wish to speak on this item okay um public comments closed and if nothing from the Commissioners we need a motion and a second motion second second okay all in favor I any opposed okay pass is unanimously okay nothing on btrs yeah thank you nothing on btrs and um okay appointments um Madam clerk item 13.1 appointing commissioner McKenzie Flor as vice mayor effective May 1st 2024 motion to approve second no second is required just a Voice vote okay all in favor I I any opposed okay passes unanimously item 13.2 appointing Milagros Millie almod doar colon to the Commission on Aging senior citizen Advisory Board I make the motion and and we need a second second okay all in favor I any opposed okay pass we need people okay appointments are done nothing on miscellaneous and then we'll move on to discussion um okay remote participation commissioner Smith okay thank you this I brought this up um a year ago or so during the budget time when um VI when commissioner um turnoff was out of town um I did not like the flow of that at all uh opportunities for him to speak and for him to um participate when he wanted to I did not like that so I recognize the State of Florida says if you have um a quum that you can have a uh commissioner or even a mayor vote and participate in a meeting but there are certain requirements they have to give notice they have to have approval um I have a couple things here if someone gets sick day of the meeting they just don't attend because giving giving notice 24 hours or 48 I forgot what it said um a majority vote of the body will have to decide um well the day of the meeting how can we do that and um it says that you have to give two days notice uh this will be subject to periodic reviews by the city commission to um to to check its Effectiveness which I love that sentence in there I didn't think it was effective uh we so far I haven't seen a problem now but I would like for us to constantly be on top of this I really would I felt that if you review that meeting if everybody goes back when commissioner chernoff was out of town you'll see what I'm talking about but it was over a year ago and um I just want to make sure that it we stick to the two days notice because if three people decide not to come because they think you have a quorum we don't have a quorum and there is no meeting at the last minute so I just want to make sure we stick to the two days notice okay attorney um commissioner my suggestion would be that uh you and I and possibly the manager um can review that together and take a look at what it says and uh then see if uh any of your colleagues have other thoughts on it but we're certainly happy to review the item at your request and review it with you to to look at your concerns um I I don't want to repeat Mr attorney I don't want to repeat of not having meetings cuz we don't have a quorum I do not want a repeat of that ever again so the fact that it if you have a quorum you could possibly participate long distance and that's a state mandated thing now the thing is it's you have to give two days notice and I want to make sure we adhere to that and you have to have a reason you have to have a reason you're out of town or you're ill you can just not come to a meeting well we can certainly review it with you but obviously we want to review it with your colleagues the the the goal of Permitting it to begin with is to have the broadest possible representation so that elected officials as long as the legal requirements for Quorum are met the idea is to make it possible for as many elected officials uh to participate as is possible because every one of you represents the the interests of the public but again we're happy to review with you and and then you know maybe prepare some kind of a memo and circulate it among your colleagues and people can all weigh in but we'll we'll start with you since you rais okay that would be great thank you and man Mr manager we can arrange to work on that together I presume you have an interest in who gets to vote as well okay next discussion item 152 special events policy and procedures commissioner Smith oh that's a big one let's make it a quick big one I have Fortuna smuckler next I'm sorry okay so policies and procedures one of the things that's very Discerning is um is the budget and when we put money in the budget that's what it is that's what it's going to be so we have to start to reel in and limit and have really guidance whether it be a resolution or an ordinance to what will be acceptable for us to do as an individual commissioner for events what is acceptable for the use of facilities for outside people that want to outside you know events that want to use our facilities and how it's regulated so we have an events uh draft which I don't know that if everybody got it but I would like everybody to participate in this um I I recognize that and I asked the today um I didn't get a chance to talk to the manager but I do believe that Miss monin did in reference to even adding more to this or having another thought as far as special events go because we have contingency money and we can use contingency money for this that or that but if we're going to use contingency money for an event there has to be a guideline because I understand that an event took place this past week or two weeks using contingency money and what is a little bit antenna up pay attention because if you have contingency $110,000 and it cost you $500 per little event you could have 20 events so we need to regulate what we're going to have acceptable not for not for a person but for all of us including me what's going to be acceptable and what isn't with facilities and especially now when it happens to be a political time so we have to look at this very carefully I think this is a very important subject and the manager and I have gone over it I don't want to exaggerate if I say five times I don't think it's an exaggeration that's too little we've had several conversations oh maybe 10 times and and we have our attorney and and I'd like a draft to be brought up to everybody and let's get something really solid that's on the books yes sir and I'd like to add to that Mr attorney um certainly if you've got a memo or if there is a memo the memo can be circulated um and I'm sorry to shoot my mouth off at my first meeting but just as a suggestion to you commissioner and to your colleagues you're covering a lot of ground there you're you're really covering I mean you could make it five memos and five policies frankly so what I one idea let's put it that way I mean you can certainly have a if you have a memo you can circulate it but one idea is because you're talking about so many things this might be an appropriate topic to have a workshop on where everybody or who those who are free can come and talk about it and exchange views and you can do it it's open to the public the public can you know observe what you're talking about but if you have a workshop on it you can work your way through it and then you're not just just trading pieces of paper for two months with each other so just as one suggestion City attorney I absolutely adore that suggestion we have tried for over a year to have workshops unfortunately the full commission doesn't come now that I say that though I'm thinking in my mind if we have a majority then the majority will pass what we're going to do because unfortunately that input is important for everybody you're 100% correct and what this and I think it is two three or four different things for sure we didn't incorporate this about using contingency money and how are you going to be able to do that into this this one basically started with the fact that there's all different kinds of events there's some that are small groups that are under 50 people and what does that require in use of Staff or in use of police or in use of facilities there's some that are 5050 to 150 people and then there's venues that could be a thousand that requires a certain number of of police officers and staff and what have you and that's what this uncovers so I didn't realize this was coming up next and they're all going to start yelling at me that okay move on move on but this is such an important thing I'm going to tell you why I say that yesterday I got a phone call from a resident that she wants the multiculture which we've discussed forever to have one event where there is cuz if there's let's say let's use something Irish an Irish um whatever a festival festival or an Italian Festival they used to have so then the person that Spanish say wait a minute what about my festival and then the person that hi says what about my festiv so we have talked for a long time about having the Haitians have a booth the Italians have a booth the Irish have a booth and you know it it really is such a drain on our staff and it is such a financial when we're trying to rectify the beautification of the city the services of the city the Trees of the city it takes such a big chunk of the revenue so I just I think we as a commission have to have a policy that limits the number of events and makes the one or two events extraordinary and that I mean some things will be grandfathered in the Heritage day maybe be grandfathered in but we have to really pay attention to what we're doing may I want to add mayor can I say one more I'm sorry commissioner I I but just I I I've heard that workshops may not have been as successful as some would hope and let me just since I made that suggestion say that the two things that would assure more successful workshops with greater participation are to work together collaboratively with Madam city clerk to number one pick a date and time when Commissioners can actually attend for instance if you call a workshop during the day people who are working may be unable to attend because they're at work and then the second thing is in in my experience at least it's really important to have strict time limits on a workshop if you're going to ask Commission to give up another evening more than they're already doing it's one thing if you say we're going to devote 90 minutes to this and then we're done it's another if you're asking people to come into a an open-ended discussion that could last three or 4 hours that's going to really limit participation if you can assure members that you know everybody will get equal time everybody will have the opportunity to be heard to listen as well as speak but you find a convenient time and tell people that you're guaranteeing they won't be wasting their time then maybe you can have more efficient and successful workshops thank you very much all right so I wanted to add to um a few of things that commissioner Smith um is talking about and I really think that this is a very important topic um I received a phone call from a resident about I don't know two three weeks ago asking why the city did not advertise an event and that she would have liked to have gone there and why didn't I tell her about it and I'm like what are you talking about so there was an event that was being held and apparently it was with the contingency money of another commissioner and um I think if contingency money is being used I think it should be open to everyone and um look I I wasn't going to go to that event I I was working that day so it's not like I'm upset that I wasn't invited to the party but um I I'm upset that um I was not given the courtesy of being notified that there such a thing was even happening and I think if it's being used at a contingency money it's open to it's it's City money it's not private money it's it's our money to to you know to to spend on whatever is for the benefit of the city but if it's a city event I I believe we should all seven of us should six because the one person would is doing it so the six others um should be included I also have a problem with um repeated events in the sense um that um like commissioner said a woman did um woman's History Month event I I don't want something repeated to honor women let's let's join forces let's do one event I I know that um we're doing the the Multicultural committee is going to be doing an amazing amazing amazing amazing event for um Haitian heritage month I'm hearing that there's going to be something another Haitian Heritage Month event let's let's not duplicate it let's do it together it's almost like showing we're not United let's show Unity let's do it together let's put our our resources together let's not spend money on on on duplicating events and let's just do one one bigger better thing than one nice one small let's just make it one one bigger event and um again that's using the contingency funds of someone but let's make it let's put it towards the one better event and also as commissioner Smith has stated this one event that's been she here oh yeah this one big event we've been talking about this for years I think we were talking about it before you were a commissioner last time right right so we have been talking about it and I think it might have been with Mark Antonio or maybe it was with you Mario but I think it was with Mark Antonio what he had maybe said that we do one big event and then at the library we recognize each month so we'll do the one big event like commissioner Smith said and then at the library we'll do do in May Haitian Heritage and September Hispanic heritage and you know we'll do something as the library always does anyhow so we'll just acknowledge it at the library as it's done so are we all in favor that we should put some sort of policy in place I guess yes we'd have for sure a work it out um between the manager and the yeah because we're we really shouldn't be spending there is an event that I I know that commissioner Smith pointed out that I don't know if we're going to be doing this year the July 4th event are we doing that no oh there was money in the budget we voted I know we voted I know that was something we actually voted for it's in the budget yeah yeah we're doing the July 4th event with fireworks and everything a picnic or cookout for July 4th during the day might have you have less fireworks it it was supposed to be before the fireworks it was supposed to be before the firor you know um I thought that that uh City attorney I thought that that was a very astute thing you said that I want to ask my fellow Commissioners uh commissioner chof and myself and I don't know maybe others have been asking I think begging for a second commission meeting would it be possible for us to put a date a date and a Time in the calendar per month for workshops and then we all know on that Wednesday on that Friday on that Tuesday at 5:00 5:30 we're going to have a workshop and if we don't need a workshop we don't have it that month but instead of the clerk trying to get seven people that are available that we we go to the calendar look for a date I also want to before I give up the microphone we've been working on this uh I don't we said how many times we spoke and uh Miss montine and I have repeatedly also been have a strong input with her reviewing it making notes the manager reviewed my notes and changed things and I reviewed his notes but this has been going on almost four months five months probably since you got here so this isn't new this isn't since somebody used a contingency this is something the contingency money might be a whole like like the um hedges it might be a whole different uh resolution or policy that we're setting but this policy here addresses the insurance that people have to have the requirements they have to have to be able to even come into the City and use the facilities make sure there's parking make sure that they um have the 501c etc etc so I wanted to add something to to the conversation sure absolutely um I also wanted to consider also religious holidays because I know within our community those are special events for our community so for example if whatever Faith you're from every holiday whatever day it falls on is important so you wouldn't group all the holidays religious holidays together because each of them has their significance so even with special groups throughout the city having religious events that should also be part of the policy and also speaking of police that is also required for of these special events that should also or religious holidays we need to also put that in the policy as well so we can be inclusive of everything so you mean to to make events for special holidays or not to make events on special saying is that that should be included in the policy as it relates to our what what how the city functions even for different religious groups who may Ramadan whatever their holiday is we should also have that in our special events policy because technically us as a city we might not per se celebrate the holiday officially but there may be a group within the community that celebrates and that also requires City funds to support those groups so I'm saying that should also be part of of a special event policy either way look we we need a policy that's the bottom line we need to get something we need to have a policy and I know we have to move on but I know that we have like there's a big Indian festival happens over the summer over at the it was this weekend it was this weekend yeah bangadesh but it happens a lot and like there's a lot ofp groups that and what was it yeah but that's a private event but but they um sometimes and I've seen in the past that other Commissioners would be a part of or help sponsor those events or whatever to alleviate some of the cost because it's it brings a lot of people what was it what kind of event it's an in um what Bangladesh yeah the Bangladesh sorry I always think of the Bangladesh because there's just so many groups unfortunately we to accommodate all the groups bleeds are budget it does it bleeds the budget it bleeds the staff I think all this is a little a little bit too granular for this meeting I think that more you know at the at the workshop level or or staff level or what have you we need to start putting something together and then we can sort of tweak it from there that makes sense and we need to know if we find out if we can actually um pay for religious events well Mr manager can I um ask you or City Attorney at this meeting can we discuss using contingency money for these small venues because I think that we're getting into very Mucky Waters here when it comes to people campaigning I reminds me years and years ago when they had picnics at every neighborhood but at that time the picnics at every neighborhood included the entire commission staff and it didn't it wasn't singular and I think that we have to really pay attention to this now we can't wait for a workshop and a policy I want to add to commissioner Smith's point I I know a while ago there was a workshop that individual Commissioners could not have their picture on any any flyers or any names so there's no names there's no Flyers right so now when we talk about contingency and being able to say okay well I would like to do an event or I would like to do some kind of Outreach or what have you we also have to talk about our staff and how how is information disseminated to the entire commission so the the larger conversation if you want to make it in the parameters of politics and campaigning that could be a vein but the other vein is what is the structure that we have as Commissioners where we have one staffer we don't have a communication division our calendars are not necessarily always updated so that's a larger conversation when you talk about event management that we're not having so for example we have one person we had one person that was working with the commission that person has been transferred over to another Division if I gave him assignments I can't reach him now to know where the assignments are what's the communication between the what's been disseminated what's not so if we're going to really talk about root issues communication is one of them as well y that's important absolutely it's number one is communication so that Mr manager that's part of the conversation and that's going to be part of the workshop that that comes under your umbrella I think but um but I I just because I've had conversations with the manager tenium about communication and how things are disseminated and those conversations have been had so that's a larger conversation that structurally the public needs to know that the commission doesn't have adequate support to to run efficiently okay so so we're we're kind of like getting into a whole bunch of different but that's part of that is a discussion so it's part of the of of the greater the greater talk that we're I get it I get it so so first of all let's just um kind of reel things in so as far as the we're going to Workshop it the Special Events thing we're going to we're going to Workshop that everybody had this draft now I see it on your computer yeah what's that the draft the draft of the special events yes okay everybody had it then we have this yeah but we don't have time to go in depth no but I'm just telling you that that was I would like the attorney to review it that's one like you say that's one aspect and we may need four or five more we we need to it's a process so we we need to you know we've got step one now we need to keep it moving now there there was mentioned about contingency do we need to talk about a contingency policy is that something that we're talking about here now or what so I mean it's actually another item it's corre that would that's which one is that um okay that's 156 so we sort of discussed that already well no not really not really well I think at the end of the day we know we need to I I assume we need to see if we're in agreement on putting some sort of policy together yes ises Theiss thank you thank you does the commission have any policy in place about a time limit for individual discussion items we used to have like a timer for like it takes five minutes and then it was 10 minutes 10 minutes it was 10 minutes max just C okay okay anyway do do we have we don't have any contingency type of policy in place now we had it we do have it guys hang on hang on do we have any um as mayor to to my knowledge um mayor no there's no formal written policy on contingency essentially any type of purchase that a commission uh or a the mayor or the commission make from a contingency fund has to be to the benefit of the city um and so that is the measure that it's taken it's not meant to be used for private funds or anything like that um which is why using contingency for your travel or or something like that um development classes or with like um Miami dat League of cities or Florida League of cities or the nation any of those type of leadership developments those are all valid um expenditures that you all can use um for the most part A the way that I have looked at contingency for events is if the event is open to the public and is for the public then it's a benefit to the city and so there's nothing that prevents in in our rules whether it's code or resolutions or anything that I've seen that would limit those type of funds to be used in that manner okay so but let me understand this if it's open to the public then how does the commission not know about it so that they can tell their there may have been there may been oversight here's the if we if we if there was one situation where there may have been an oversight then I think it's better to address that with the person that missed the oversight than overhauling put a whole policy in place if it's not if it's not really if it's not really an issue let's not make an issue if it's not an issue let's somebody nicely you know address the person that you know may have had the oversight so that going forward they won't end and everybody else should at the same time have the same conversation I'm going to think about that because I think quite frankly Mr Mayor that this did open something that may need to be regulated it may need to be regulated with a policy you could say no but there is such a a vast way that something could be stretched and it's it's not good if it is good for one and not good for seven it's not good so that's why I think a policy besides an oversight I think a policy might be in order if there's policy there won't be an oversight I I'm is what I believe so okay okay next so so all right so we got defense policy we got 153 proclamations and keys to the city so um as quick as possible because we're really doing good tonight I know that's why we we have two hours we're doing great keep it up right I can talk about it for two hours now come on right and we could show what we don't need a second meeting every month okay so wait so we're going to Workshop this yes yes clerk Mrs clerk Madam clerk will you make arrangements to Workshop this please the the uh the special events policy and procedures yes I will what date is good for you guys do you guys know prefer what don't you contact us tomor tomorrow because that'll take another half an hour okay you want to talk about Proclamation really quickly I do but I wanted to make sure we were're going to Workshop this so okay but soon yes okay so we do and we don't have a a policy on proclamations and keys to the city [Music] um I was there is a resolution from 2021 that talks a little bit about the proclamations but I I'm not sure we are following it exactly and even I think we need to to do some changes to it to my my concern is that well we're I think we're giving too many proclamations and I don't want to take away from what a proclamation is it's it's a it's an honor and if we give if we start honoring everyone and their mother then we're you don't want to diminish it we don't want to diminish it right the other thing is that um there's proclamations being given out there which I believe in the policy says we we we need to actually give approval we need to actually know about it there are proclamations being given out out of the city that you know I myself I don't know about it until after I hear about it after the fact and maybe I would like to have had the opportunity to have been there to give you the proclamation so um and also the case of the city you know K city is also even a bigger honor and I just want to make sure that we don't abuse it and I also want to make sure that we are told about it and there is a proclamation that um was done in it's resolution sorry resolution 21-28 says a proclamation may be awarded to an individual organization or business to Proclaim certain events or causes when such Proclamation positively impacts the community and con conveys an affirmative message to City residents businesses and visitors an elected official May sponsor a proclamation so long as it meets the criteria above a present ation by the sponsoring elected official may be made at a regular City commission meeting or Conference of the city commission this shall be provided to members of the city commission as to place and time for the issuance of a proclamation in the event that a proclamation is issued in a place other than a regular City commission meeting or Conference of the city commission so this resolution is saying that we need to be told about it we're not being I'm not being told about about it a request by an elected official to award a proclamation must be made in advance in accordance with the established agenda procedures a member of the public may also make a request to the city commission for a proclamation this request must be made to the office of the mayor and City commission at least six days prior to the meeting where the proclamation will be read and the city retains the right to modify edit or otherwise amend the proclamation to meet the city's requirement needs or policy determinations the city retains the right to reject a proclamation if it does not meet the city's criteria and other policies of the city so so that's pretty broad it's pretty broad but it's also I think it's her her part is the notification aspect and letting everyone know that this is happening right I can understand right and it clearly says it and I understand that um and that I guess that goes to like I guess when the request is made made cuz I I I think it's like from the pro from the process of everything like when you make the request for Proclamation each one of us has to say okay on it right so in essence you you get you have to get notified like my going my my signature is on file right so like there's plenty of problem I have I don't have a standing request to say hey I want to know about it I just trust like hey make your decision give give to your heart because I think that we're all elected to to I guess uh do our community service and and honor people that right as colle we as individual Commissioners decide too we have our own independent right right so that's how I thought it was operating but maybe right when the request was made oh sorry I'm KZ I'm maybe for just to to hone down on the policy itself is to say hey when this request is made no matter what it is like even if like let's say my my my my name is on file you guys can utilize it that there is like a a email goes out saying hey commissioner so and so is doing this FYI right yeah I mean it's in the resolution so we should follow the resolution so the resolution's already been well it all comes down to communication okay as a matter of fact today I requested that when and I spoke to the city clerk I asked an email to go out to everybody the manager the attorney whoever our assistants that when they type a proclamation because it has to be typed the information has to be gathered that we are notified then the Haitian nurses I found out Friday at 3:00 I had already made plans for Saturday that I could have cancelled had I known 5 days ahead of time but I didn't know when you're giving out a proclamation as many of us as can be there should be there the city's giving it out but without the notification for a Saturday night downtown black TI you can't just drop everything your other things in go so that was the last draw I had I also have to tell you that when I first got here and saw the proclamations being handed out left and right and I didn't know which goes back to actly what commissioner said it's communication because I didn't know I said no you can't use my signature anymore I don't want to go to the grocery store and the man comes up to me and can't thank me enough for what I did for his son and I have no idea what I he did I did for his son but he got a proclamation somewhere in Kendall or South Miami or something else with my signature so that became a problem but now I think it's going to be and I think what I'm hearing from commissioner from vice mayor and the rest is when it's typed that's when we need to know I bet and maybe we need a policy of how do we determine who gets a proclamation I don't know cuz I'm hearing that from you that as your opening line that you felt a lot of proclamations were being given out so maybe we should think about that how are we determined mining who gets a proclamation well read the ordin the resolution that you just read it's someone who deserves it but I mean and it's up to your that's the thing right I don't want to just to be so it can be sub that we can't we have to understand we're individual Commissioners we're subjective right like I said I don't give a lot of proclamations you know I don't do that guys know that but I also understand and respect that you guys do see things in certain people and or certain um organizations are doing good work that you see right and I have to trust on whatever proclamations you give or whoever that you guys are doing it on the best on behalf of the best interest of the city that that's go that goes with the trust of being a commission like that you have to at least give that type of leeway right but for example I'll give let's say I mean I didn't this month and last month but I give about one Proclamation every month and um I just feel like sometimes when the people come and there's like 20 other proclamations being given out that like they don't feel so honored anymore the Ministries at all no I I think maybe they should put a volume like like a a a maximum amount of proclamations per commissioner per year maybe that would would help if you know that's that's a discussion we can have but I just want to make sure that we're not limitating us I would want to limit it as a as as an individual commissioner right that like I said we we bump into people every day we see different organizations every day that do good work and we shouldn't be hindered by like well she hasn't like this commissioner hasn't seen it should that shouldn't be that shouldn't that shouldn't held be held back in honoring this particular group that's what I agree with that and I think also for example you have condolences of of of loss when someone dies so when someone dies but when I saw the discussion item I had asked the manager to also look into what the county does and I've seen where individual Commissioners provide proclamations that they signed from their office and it's not sometimes the mayor signs it on her own sometimes the chairman signs it sometimes the en the entire commission signs it so there's nuances to it so if you want to say okay there's 12 months out the year every commissioner gets 2.5 proclamations per commission meeting I I don't I don't think anybody wants to do that I I just think well this is what I'm hearing that the the sentiment is to is to have a quota of how many we can actually do in the in the you know in the 50,000 residents that we have and X number of of organizations to say okay well each person gets three five a year and then we also have to All U make sure that the person that's being recognized or or honored is approved by all seven of us that's what I'm hearing no I I think what I think the root cause of the issue is the communication and and and notice of of it right let me interrupt you by saying this before um the city clerk's office used to do it then it transferred over to to the commission staff right you would request a a proclamation with the commission staff and say check with the clerk to see if this is a duplicated effort before when the clerk was doing it she kept record now with the staff you don't know if it's duplicated you don't know what's happening there's types there's all kind of stuff going on so maybe the again it's going it's going back to communication and system and what's the system that we want to use we'll work on that Mr manager hear the consensus what's the next item Mr Mayor okay all right so what are we GNA do about this right what what's that's the question so we so we already have we already have some policy in place so maybe we could take the policy we have and take a look at it and revisit it and see if there's any tweaks we can do to so we going to Workshop this or is the is the manager's office going to do this how we how I think I think the speediest way would have the manager to talk to all of us to see what would be the most I guess Equitable way in handling this issue because like I said it's I think the root cause of it is the notice and the mechanics and actually things getting done I think we shouldn't be limited but I also believe that this should be a standardized format in how we move forward that's all and and I'm not asking that we can only do one per per month or I'm just asking that we really reconsider um H how many were're giv because it diminishes the the word I want to add something to your comment vice mayor for example you have the commission for women you select the woman of the month the commission doesn't have per se we don't do that anymore you don't do it anymore oh you didn't you don't do it I didn't know you discontinued it but in essence Even in our individual committees we give the autonomy to Residents to make their own decision based on what they see so if the the residents with who are within committees have autonomy to choose why can't the commissioner have also the the autonomy to choose so that's another conversation to have so the manager will come back with a PO right let's just start with what we have let's work on it just make one quick comment no yes very quick yes when we give a resolution could everybody try to be here we had a holocaust Survivor in their 90s we you mean you said resolution procl Proclamation well it was a proclamation I'm talking about I didn't mean resolution Proclamation Proclamation could everybody be here cuz I it was embarrassing to me because the woman wanted to be an honorary citizen I talked to the manager about it and he said he didn't think it was a good idea would open a Pandora's Box and I agreed wholeheartedly but to recognize somebody like that I think it's imperative that we make an every attempt and I understand if you have other commitments I understand if you're late no no I I would say for for something as significant as that what it could have happened on why why wouldn't it be like during the commission meeting itself as something that's that PO significant like I we we when the when the um the consulate um um his name um Mike yes when Mike I don't want to I don't want to diminish his title or or but you know who I'm talking about yes a deputy C he showed up during the commission meeting because of the significance and the meaning behind all that schedule also no also it was a resolution though also but it's something as significant as as what commissioner Smith is saying when it comes to that like uh if I could have if I had actual um I would have changed a bunch of things around to 10 with all due respect I really would have just so I just want to put that on record so just say that thank you okay all right so let's move on to the next one um civility do we need to talk about so who who are we reaching out to now if we wanted a proclamation um at this time uh Bernice Morris will receive the request for Proclamation she's aware of the resolution and what it entails and we'll be following that process until otherwise okay and we will be informed because there's a resolution saying that we need to Beed right all right so um all right vice mayor you got a lot of items on this this whole list is pretty much so I've been waiting for a year to do half of these things are have been here for years already so honestly the civility Clause I I really wish I can talk about it when when there's people here because um and all right you want to pass on that now well the problem is that no one's going to stay until the end of the discussion items to hear it so maybe I'll just do it quickly um you know we have a civility Clause no one wants to be insulted we don't want to be insulted the audience doesn't want to be insulted um we we we do need to be civil the the you know what I let me see if somehow some way I can bring it up maybe I'll bring it up during my 3 minutes next time all right because this is the audience also needs to hear this so we'll keep moving okay um commissioner turnoff number of members in the beautification Comm yeah the beautification committee has seven members and since I became the liaison we have more interest in it so I'd just like to open the beautification to 15 members to double it in size they don't get paid anything they don't you know it's just so um you know that's how fast it is what's your what's your Quorum though what do you mean to so to vote they have to be a member what's your attendance attendance right right if if you if you increase it to 15 members and then you may have what our we'll have to decide you sure you want to go as high as 15 no you have to have it more than half to cover you can't make a number I mean if you up to 15 yeah but if you raise the Quorum and then they don't show up then you don't have a meeting then you don't have a meeting correct you keep the quum the same you can keep the Quorum the same I don't think the number of members has to do with the Quorum does it can we make can we make any Quorum the number okay so yeah 15's fine okay all right so I need your approval in order for Andre to do it I approve set motion I mean it's guidance right are we doing Mr manager just so you know we're talking about increasing the members on the yes sir um my only question would go to the attorney and I think we need to bring this back um as a resolution or ordinance because it's within our code um the the makeup of the board so I think that needs to come back to the commission whatever sets it now is what you have to amend whatever says how many members to amend if it was set by a reso you can amend it by a reso set by in the code then you amend it by whatever it is just bring it back either way we'll bring something back get with the manager whatever it is we'll bring something back and we'll address the Quorum issue as contingency funds we already spoke about and um all right campaign sign ordinance all right so in reality we do need um our attorney to chime in on this and um so I'm trimed out so it's not even about me and I honestly when when I was running for office I never put out signs until September but this kind of really came about because there was uh someone who's running for State Rep who was has already for about a month ago started putting up signs and not only were they putting up signs but they were putting up like illegally signs illegal signs so um and this was a month ago was March elections are not until August you know really don't want to be seeing this all over North Miami Beach until August so I don't know what legality there is with uh sign ordinances and also when it's sign campaign signs from other campaigns that are not North Miami Beach right so I don't know what we can or can't control so this was called to my attention um in conversation with you also the city cork discussed this with me and Madam Kirk sent me the the current regulations obviously what happened here is it used to say March when you had May elections now you have November elections for the city but there are elections that are in August that people are entitled to participate in as well and so the the provision that said March is directed towards elections you no longer have but like a lot of old regulations it used to be that they just didn't much care about people's rights and they would you know there was one that I was involved with in North Miami that we ended up striking down because it said you were not allowed to tell people what political party you belonged to when you were running in the nonpartisan city election and somebody took my client to court because he was telling everybody and the judge looked at me and said how about that Mr G and I said core political free speech and the judge said good enough and struck down the ordinance yeah that was you yeah oh so you know you you you can't have that because people have rights now you can regulate time place manner to some degree for instance I would not suggest that our ordinance as far as the size of signs particularly in residential neighborhoods can that seems to me to be appropriate at least in my opinion that's okay to do now I heard there are some illegal signs if they're illegal have them taken down and the people should be fined however it's one thing to regulate small signs in residential neighborhoods where people shouldn't have to be subjected to it because they live there but when you're on 163rd Street where you have nothing but big large blaring signs to say okay you can do that to sell shoes or soap but not to inform people of who's running for uh their state legislature or president of the United States that is less likely we have a sign ordinance for but we have a sign ordinance don't we for I'm just saying you have an ordinance no I'm talking about not not political we have a ordinance for our businesses also and whatever regulation should be looser than for commercial purposes when you're talking about poor political Free Speech but still I mean if you have a maximum size sign in the business district then you know there's a a reasonably good argument that that can apply for political signs as well and what you do in the business district residential district are not the same and the fact that you limit signs I mean it's the same as those of you that are out in real estate you know in in some places you can't have big signs that say for sale either you really City attorney there was an issue here where the sign regulation became a mandatory thing and I myself in my seat would still require that sign regulation even in uh business districts why because there was no limit so you went to every corner had two three four and the blight of it for the community to drive home and the blight of it to go to their local Wendy's to pick up a hamburger their blight of it was not something that we want to leave on the people's as a taste in their mouth and I am suggesting that limiting size is appropriate but having said that the timing issue just because it used to say oh you couldn't have a sign uh for May elections till March that was only really targeted at your local elections and I would say to you that if you're going to to go back and revisit it I mean it's past March for this year I would discourage you from rewriting your PO political sign ordinance as far as time right in the middle of an election season yeah but but but it's wrong anyways because it was March till um well but it just said March no we're now past March I mean I looked at the ordinance but I mean it was because there was May elections not because there was November I mean I understand but that's only for City elections you're talking about somebody running for the State House and it's it's can we clarify can we put some clarification into what we have we can wait wait wait wait let me question everybody okay I was here for a lot of years we had five signs 4 by8 maximum during an election a city election one candidate blew it out of proportion and put 54 by 8s in the city one time and went to court and won that he was allowed to do it yeah because I and I well I don't know who that is and that was just he was the other guy in the wheelchair oh but that was just City and and you're also talking if you're trying to regulate you know people that are running for president to the United States going to cause a lot of you're going to have an issue I I would urge you since we're past March continue with your size um regulations do not allow people because as I understand them they're uniform and it's not you're not just trying to regulate the size of political signs saying they got to be smaller so you can probably not guaranteed somebody could take us to court but you can probably enforce that but if you start saying that somebody running for Dade County mayor in the August election can't put up signs because you only want to have signs for your city elections we're not winning that but but the other thing is is that okay first of all I I think that this is something we probably should discuss after elections I get we can do this for Effective december6 yeah I understand for the following election I agree no I agree with you I don't think you should change anything if you're in the middle of the game you shouldn't change the rules or what people thought with the rules right so let's let's change it now let's not wait until the last second and let's fix for the we don't have to implement it immediately but the other thing is could could be an ordinance that only is for our election for our candidates and not the others because we can't really regulate the others that much because you can't regulate the others that much makes it less acceptable because of to regulate only candidates in your own election because it's now it's all November you know except for the ones that have a primary in August everybody's on the bow in November and to start saying we can we're going to let this one and this one but not you when it's not but but you see the thing is is that it's not when it's not a presidential year it's different and but here's the thing look the thing is is that I I guess we should start looking at it and see what things we might want to change that could make it palatable and and worthwhile and workable and go from there and mayor let me just say I do think our size regulations as long as their uniform are appropriate and frankly at the end of a of a long meeting for something that's going to take effect in eight months for elections that are two and a half years away it's not really urgent that we spend a lot more time on it then got it okay so we're we're moving on okay so you're going to work on it uh slowly slowly but bring it you you have a lot of things on this list I'm just talking I know but I'm talking a lot because it's bothering him so I'm just no but please please work on it so we don't have it at the last minute and then say we can't do it it's too late keep in mind if we didn't adopt it until January it still wouldn't take effect for almost two years but we don't want to wait until the last minute depends what it says well if it was as to the we w't have elections after January of 25 until August or November of if it says no time limit it could be effective of course so it depends what it says yes that's that's possible okay he's working on it let's keep moving think all right okay good don't rush it like relax we're we're we're all good we're almost like almost there all right city manager report what do you uh have for us Mr manager um apart from what's already provided in the backup just two announcements um one the city received the Govern government Finance Officers Association distinguished budget presentation award um for the October 1st 2023 budget Y and also um tonight was the first meeting in which our it was able to um live stream uh the closed captioning along with the meeting before that was done after the meeting but now we're doing it while we're speaking and that's being done via AI so um another smart city that also gives a city annual Savings of $330,000 a year wow wow nice so we got the award for the financial budget correct well city attorney's report next year too this is going to be a tough one Mr Mayor attorney report um yeah okay so on the city attor um City attorney we the main thing on your report was the the contract anything else on your end regrettably I have two quick items okay goad sorry number one uh is the form six litigation and I have been contacted by um the we serota attorneys Jamie Cole who's handling it for an update on form six and I want to very quickly tell you what he said right now in the state case only the city itself North Miami Beach and vice mayor smuckler are plaintiffs and in the federal case only mayor uh vice mayor smuckler is the only one from the city who is a plaintiff they had set a date they said by more or less the 15th which were a couple of days well a day and a half passed if anyone else is interested in joining the litigation as a plaintiff either litigation or if there's any desire on the part of the the commission to have the become a federal case plaintiff we need to move quickly on both of those only the city joining the federal case would be subject to all of you but any of you that might be individually interested in joining as a plaintiff can just tell me you don't need to belabor it or vote on it but if you're going to do it you should tell me you know if not tonight by tomorrow morning and it can be by text and it can be Pro wait hold on hold on I a I I thought we were under the impression that we all I I think I received an email we received an email from John Haron asking if we wanted to be a plaintiff right and I I think supporting it financially is one thing which we did and then wanting to have our own personal names as plaintiffs is another thing so you've decided that you wanted your own name out there as a right but it was part of the it wasn't in a it's not like it's cost te me additional right but collectively the only decision you would need to make and state I make the motion for the state that we well you're in the state case but if you want the city to join the federal case I I believe because of the excy of the situation you could actually address that now if you how much how much is it for us to join the I don't believe there's a separate I think we already we already paid it's just a matter of in the thing is is there is is there any benefit because the only benefit of additional plaintiffs is if you're trying to influence in some fashion a federal judge who sitting there looking at it and he sees 10 cities but then he sees 20 cities he might say wow 20 cities you know not withstanding all these individual names is that going to change his view of the law and there's a certain liability being a plaintiff there's a liability too you know if fees and whatever in the event you know there has to be a if you want if you want to make an individual Choice The Choice is still there correct so that is what's the timeline of the law is there a timeline that they're rushing to get to court well yeah they June 1st according to this there were some hearing set um they said that there was a hearing set on the motion for preliminary injunction set for April 22nd and so you know if they're going to add people in they you know uh they have a response to motion to dismiss due April 15th that's a couple days ago frequently those things get extended but they they basically had said well the 12th the 15th I mean tonight's the 16th if I emailed them before midnight if we got out of I think let's leave it as if anybody wants to be personally in it get tell me what the benefit is and the cost is because with the city no additional cost you've already anti it all right so let's let's do the question is the benefit is again a little ephemeral in that it's not quantifiable what good it would do to have the city be app poti but the idea of gathering a lot plaintiffs is that there is not just strength in numbers but it could influence theoretically a judge that look says wow that's a lot I understood that and and if it's no extra cost I don't see why we don't join who knows okay wait a second what's the con of it what's the downside guys guys guys I don't I don't think that we have enough Legal Information to know if it's something we really should do or not do I would tend to air on the side of be so afraid being so cautious and getting sued I'm asking well you know if you're not collectible it doesn't matter asking him but I'm asking him what the con is right now so let's find out what the con is it's pretty unlikely in my opinion that there would be some kind of massive cost judgment against people the costs are not outrageous here there's not you know they're not like a thousand expert Witnesses and a million pages of documents to review and the fact that people are bringing a legitimate legal challenge they may win they may lose I don't see a tremendous downside in terms of it's not impossible but to your point um um City attorney right because I could ask you the most perent question to is that what do you think of the validity of the actual um I think that the the Su look the the the law is very ill advised because it was passed by our legislature and that's their speci y but having said that um I think there's a legitimate chance that this thing will win because it is unnecessarily intrusive and I think that it is an invasion and it does have a a chilling effect on people wanting to run for and hold public office that's just not necessary I I can't tell you it's a slam dunk they're going to win it's in the bag but I think it's a legitimate case brought for legitimate reasons we need to vote on this or minute I want to ask him this is important all he asking but all the City attorney mentioning is that there there's an option to add um in individuals or even the city to the federal portion right you put add individuals to the state either either or but but it doesn't change like the actual case the case is the case I get it right so my point is is that I don't see a benefit of adding I recommend against it I I vote against it I voted against and if you need a vote I would entertain a motion to vote against involving the city as a name plaintiff V is that is that your motion you don't you don't need a motion okay unless there if there is a motion to add the city to the federal suit you could ENT I don't think it'll hurt I don't think it'll hurt I I don't see why we don't do it I think I think it'll help okay I make the motion the difference you have a motion you have a second so just vote okay it's not earth sh all right so huh who made who made the motion who seconded I made the motion I'm second she seconded okay all in favor say I I um and all all opposed for it's for two okay all right so so City's part of it now notify the gentleman anybody who wants in that's the that's the city only as a plaintiff inal in the federal case it's already already in the statee the individuals they have to opt in individually directly to you invol and I'm so and I'm I'm both in both the state you're both both and I'm sorry to take this much time but it was communicated to me and I felt obligated and the federal and the federal it does not cost us any addition no you've already paid now number two um you like relax let me just say that uh from We're permitted under law and you know this but you're permitted under law to hold what are called executive sessions by the way I know there's a slang term for them I strongly discourage the use of the slang term for them the term is executive session where you're permitted to discuss yeah that sounds Shady to me uh where you're permitted to discuss matters in pending litigation every word you say is taken down by a court reporter it's conf itial till the case is settled but at that point everything you've said it becomes the seal is broken on the transcript and members of the public get to find out who said what and what their points were um such sessions have to be done based on a request from the attorney that we need advice so I want to place on the record that it is possible that I will be asking for scheduling an executive session on a case you're all very familiar with City of Miami Gardens versus city of North Miami Beach okay I realize that you had an executive session on that matter not very long ago I've spoken to the attorney who is representing us on it who is an old friend of mine John shuin great lawyer great guy and I will be asking you individually look you can't take action in an executive session you can talk about things you can give some guidance but any action is taken on the record in public on notice so based on that fact whatever you're going to do if if this I will ask you guys not out loud because there's a reason you do executive sessions is you don't want to tell the other side what your strategy is and that's why you do it I will ask you if the this is coming to aead so if this commission when I talk to you is ready to take action on the record based on your recent executive session great but if I find that there is an unreadiness on the commission that you want to talk to each other more about it talk to outside councel more about it and we need another executive session to you know bring it to a head I may call such a session and we'll set it up through the CLK that concludes my report to report okay um I one thing oh you toass me I had a uh appointed P privileg goe um I I just got the news I know is coming out former Governor Bob Graham former Senator just passed away oh wow yeah just passed away great great good good good man um so I just wanted to let the community know rest in peace what a good and rest in peace he has been ill for quite some time so a great man and a great loss howly was he less than you think 87 really 87 yeah Mr Mayor congratulations on shattering the 12:00 yes okay so first of all we do have City commission reports and mayor's discussion I'm looking to wave all of that CU we've had it already so we're done with that and our next meeting Tuesday May 2 and I need a motion second to adjourn second all in favor any opposed passes unanimously guys we're rockar thank you all right Joe you're the good luck charm yeah something something happened to the water update that we have