e e e e for e e e got that right you good yes sir um commissioner Jose cou not a problem it's all good okay all right good evening every everybody if everybody could take a seat we're going to get started with our meeting all right welcome to the city of North Miami Beach City commission meeting of Tuesday February 20th 2024 and uh first we need to start with the roll call with the Coler please call the rooll commissioner shof here commissioner floron here commissioner Jean here commissioner Joseph commissioner philis Smith present vice mayor Fortuna smugler pres mayor Piper pres okay M for thank you all right next um our invocation like to call on Pastor Ariel Vasquez of the third day church thank you what an honor once again to be serving here in our great city of North Man Beach let us pray Heavenly Father we just come before your presence we want to thank you as this meeting is starting we just pray for the blessings of Abraham Isaac and Jacob will just fall upon this city Lord God that this city will just go forward like a full train with full steam going forward seeing progress seeing success seeing things going through Lord Jesus and we thank you for the things that you're doing the things that you're going to do and we thank you for the people that are in this city we declare that this city is a city of of prosperity this city is going forward this city is greatness the city is called for great things and many will see and be jealous of what the good things that this city is doing thank you for the mayor the Commissioners and the staff and all those that are around here we pray we pray for your blessings upon each and one of us in your name we pray and the people of God says amen amen thank you Pastor um okay would everybody please rise for the Pledge of Allegiance Pledge of Allegiance to flag of the United States of America and to the stands indivisible okay all right please be seated and um we're going to put one um item in real quick because we've got a proclamation from the um early conference meeting that we need to put in now so um we we're going to be doing the proclamation recognizing Dr Jordan Jones and vice mayor Fortuna smuckler is going to be leading that so we'll come over here for the moment so I wanted to recognize Jordan um in honor of black history month because Jordan grew up in North Miami Beach went to North Miami Beach High andk JFK and his office is in North Miami Beach say it louder North Miami Beach y so what better way to honor someone um when he is 100% North Miami Beach Dr Jordan Jones whereas it is with great admiration and appreciation that we acknowledge Dr Jordan Jones a dedicated orthodontist whose passion for his craft transend mere profession enriching the lives of countless individuals in our community and whereas Jordan Jo Dr Jordan Jones empathizes the adage that choosing a job you love means truly working a day never truly working a day in your life as evidenced by his unwavering dedication to the practice of Orthodontics and the transformative impact he has had on his patients and now you know I looked at your smile as soon as she said orthodontist I don't know this it's automatic right um I'll be getting your business card soon all right whereas Dr Jones commitment to education and constant learning exemplifies his pursuit of Excellence from his formative years at local schools to his prestigious education at Howard University College of Dentistry I didn't go there but I know hu all right uh culminating in his specialization of orthodontic and dental facial Orthopedics and whereas Dr Jordan Jones involvement in various professional association underscores his dedication to staying AB breast of the latest advancement in his field ensuring that his patients received the highest quality of care and it was an honor to recognize you for black business month as well whereas Beyond his exemplary professional achievements Dr Jones is a pillar of our community gener ly volunteering his time and expertise to mentorship programs motivational speaking engagements and coaching local sports teams embodying the spirit of service and Leadership now therefore we the mayor and commission of the city of North B Beach Florida to hereby Proclaim February 20th 2024 as Dr Jordan Jones Day a beacon of inspiration and a true asset to our Community enriching the lives of those he serves and embodying the values of Excellence compassion and service thank you for your service so I speak now yeah yeah all right so I was not expecting any of this um Nicholas Williams actually played football with me back in high school he text me I was in St Croy cuz I my family's from the Virgin Island so I was seeing patience last week and he call me from a number that your new number or that's your work number I don't know I got a number from I don't normally answer numbers I don't know because bill collectors and marketers and people trying to sell me health insurance policies from my staff and my team so I wasn't going to answer it but I answered it and he was like Hey Jay cuz that's what he calls me Jay for Jordan I was like who's this he was like Nick he was like um I need you to come to n&b next Tuesday I was like you know I at work right and then he was like yeah he was like um 5:00 I was like I could probably make it work I didn't even know what my schedule was and made it work didn't know what I was coming here for I promise you I did not know what I was coming for I would have came a little more fancy I thought it was just like hey come by stop by cuz I'm always volunteering and doing stuff so I thought it was something like that so this is truly an honor like what we do at a steam braces and the liners is not for awards or recognition or acclamations this is just genuine service what we care about because I'm in the position I am now because the people like myself when I was older I mean when I was younger that helped nurt and guide me and do the things that I do so I'm grateful thankful for this amazing award um thank you and well deserved thank you that's basically it oh football so I played football at North Mii Beach Senior High School so go Chargers n&b so pour into the kids you know be a good inspiration role model to them showing them like you know there's life after Athletics and you know you can do great things with your mind too so yes thank you than thank you for having me two one two one nice me you know what I [Music] me [Music] all right we'll continue on with um requests for withdrawals deferments and additions to the agenda um and Madam clerk are there any withdrawals deferments or additions yes further request of vice mayor Smuggler a presentation by attorney Robert Myers regarding the form six will be heard under presentation as item [Music] 5.1 under the city attorney's report item 17.4 is titled discussion regarding joining litigation seeking to declare form 6 requirement unconstitutional that will be moved up to item under presentation will now be item 5.2 wait say that again so the first item under President presentation is 5.1 that will be the presentation um from attorney Robert Meers right 5.2 will now be um was previously item 17.4 under the city attorney's report that will be moved up to 5.2 and everything then due to the relevance of of keeping the Rel I thought she said that okay okay all right all right good I believe on commissioner Flor M has some items he would like to yeah I had asked for the um City manager's report as well as the city attorney's report to be moved up um we have a very lengthy meeting but I believe that there's very important items per my discussion with the attorney so um if we can move that up as well and seeing that we're already moving up a portion of it we might as well do that as well thank you do we know where we want to move that to um with it we could move it up before for consent commissioner flon is that what you're suggesting or you didn't mind how about after consent at least after after consent agenda yeah that's fine yeah let's do consent and then we do it after consent so what we'll do is we'll after consent agenda we'll have all the city managers items read and then the city attorneys yeah city manager and then City attorney is that order okay there start um well then okay so yeah the only thing is is that well maybe we should do the maybe we should do the presentations and then we'll do the consent and then we'll do that I think that might be the uh Mr that that is the order presentations first and then a few items be consent and then that okay great all right so um that being said then we'll move on to presentations and discussions um and 5.1 form six attorney Robert Meers good evening mayor and Commissioners uh I guess I'm here at the uh beest of uh the vice mayor uh I met a presentation about 10 days ago to the Miami day leue of cities about uh about form six actually I've been going around the uh you know the southeast Florida speaking about form six Robert Meers on with weissa been there for 12 years and before that I was the director of the Miami dat ethics commission for 13 years and I think that's relevant uh because I want to talk a little bit about form six in the lawsuit I mean I'm not here really to debate the merits of the lawsuit what I'll tell you about the lawsuit that was filed uh on Thursday last Thursday uh there's a federal uh there was uh a federal cause of action and a state cause of action so we're in state court and federal court uh and there are 26 cities that have joined and I think 74 individual plaintiffs so uh I understand you have an item on so whether or not you want to join the lawsuit and obviously that's that's your call I just want to sort of talk about form six uh and answer any questions you may have about form six if if the lawsuit is unsuccessful so there there are two parts of the lawsuit one is seeking injunctive relief uh so get a temporary injunction so you don't have to file form six by July 1st or I guess September 1st of 2024 uh and the other part is to uh is to get you know form six as it applies to local officials thrown out so basically to find that it's invalid uh so form six is something new to all of you if you if you took off if you're in office as of June um January 1st of 2024 you're obligated to file form six and what's so different about form six it's a completely different world uh as you those of you have been in office before you know what form one requires a form six is far more intrusive and it requires you to identify your net worth and all your assets and liabilities in excess of $1,000 so what that means is if you uh have an asset it's worth more than $1,000 it has to be reported any liabilities over $1,000 have to be reported as well you also have to disclose your primary sources of income and your secondary sources of income so what's if you will uh what's intrusive about it in my opinion is you know you're you have to declare your network and like I say every asset over a th every liability over a th uh let me talk about it from an enforcement standpoint because I spent a lot of time investigating elected officials when I was with the ethics commission and oftentimes we looked at the financial disclosure forms there's really nothing on form six that really is that helpful uh that information is already contained on form one what what I would care about as a corruption investigator your sources of income I don't need to know the amounts and your major clients uh once again I don't know need to know amounts there either uh but having that information probably property that you own in your in your in your government might be relevant but knowing what your net worth is knowing all your household goods by the way form six requires you to identify all your household goods you can aggregate them uh but you're required to say I have 50,000 $100,000 $700,000 worth of household goods now I don't think the ethics Commission has the authority to knock on your door to conduct an investigation of whether or not you're you're telling the truth but let's say you have a a stamp collection or baseball card collection uh or you're uh you're an art collector you know I made a presentation the town of Palm Beach and a lot of those people there have lots of money and one of the Commissioners said look you know I have a very valuable you know art collection are you telling me I have to declare that I said yep you have to report that so uh that's how intrusive form six is uh so uh but I don't see from a corruption standpoint or identifying conflicts of interest how you filing form six is going to make me do a better job if I'm fighting corruption and trying to identify conflicts of interest uh so uh you're in office now you're required to file the form if the uh if the injunction uh is not issued what that means is by at the very late of September 1st of this year you're going to have to file the form uh somebody says I don't want to file the form under protest I'm not going to file the form what can happen to me well you will be fined and the ethics commissions is the only area where they have and I'm talking about the Florida Commission on ethics not the Miami day Commission on ethics it's the only area where they can actually forcibly uh they can remove you from office they can file a complaint to remove you from office so if you don't file form six by the deadline then the the penalties or the fin start acre and after 60 days they can then file a complaint to remove you from office now that process is lengthy one it probably takes five or six months before that could actually happen uh but the point is you cannot stay in office if you don't file your form also if you have an election and you're uh you want to qualify you can't qualify unless you file form six with the uh qualifying officer so that's really all I had I don't know if you have any questions uh you want to ask me about form six about how to fill out the form or anything else uh but like I say uh I just wanted to cover the Basics and let you know that you have this obligation at the very latest uh by uh by September 1st of 2024 okay does anybody have any questions yes for you first Mr Myers thank you so much for coming sure um I try to hear every one of these lectures that I can because I find it the whole thing not only intrusive a little scary because there's a lot of nuts walking around they're not all in the trees true my question to you though is do you have an idea when you'd find out when if there would just be the temporary hold well I mean obviously the the the people who are letting the case are are going to impress upon the court that they really need to rule prior to July 1st because that's really the deadline to file the form so if it's if it's if an injunction were issued after September 1st it would really be too late because by then you should have already have filed your form or you risk being fined so I I I I would hope the court would rule on it before uh before July 1st and how will how will we as Commissioners know where it is and what date it is and how are you going to be publishing that well yeah I mean you know especially for those uh those cities that join we'll we'll keep you know the clients updated about the status of the lawsuits absolutely okay and and and even for those those cities that don't I mean it's going to get press I mean let's face it uh it it already has and it will get more and and you know this is these are 26 cities around the state this is not just concentrated in Miami Daye County from all over the state you know cities have joined so we will get the word out as to the progress of the of the litigation now the other thing is let's be serious about this the the the state's going to fight this tooth and nail they're not going to capitulate and say oh yeah you guys are right uh you know we we're we're suing the Florida Commission on ethics it's elected officials staff they're the ones who have to enforce it and uh any sort of uh relief we get they will appeal just like with the the lobbying case which was a little different uh but uh there was a lawsuit filed preventing the lobbying amendments that are in the Constitution from taking effect and the and the federal district court judge ruled uh in favor of the plaintiffs and said you know an injunction will was issued by her saying that those Lobby amendments would not apply and the 11th circuit overturn that so uh like I said so how does that work then if you win and they have an injunction to stop it and they appeal well at some point you may be for the file but then does the injunction work until the appeal goes through yes that's what would happen you know I'm not I don't have my law license yet and the other question the other thing is that it's so disturbing I don't understand how they can feel so strongly about it because you're going to lose quality people that would want to serve but that that's the big Point that's one of the one of the arguments especially in smaller cities uh you know with I should have mentioned this I think 125 elected officials have already resigned Statewide because of this one Commission in in the in the Tampa area lost four of their members uh and others have lost two or three and there issues about finding uh people to substitute or fill those positions what if you have a government without a quorum what happens there uh and I'll tell you this this topic has been broached with the governor and he said he's not filling the positions not his problem it's not his concern so it raises some real interesting Charter issues about what happens if you can't uh you can't make Quorum because you don't have people who are willing to subject themselves to form sex and unfortunately my my history of life I find that The Honorable people will do it correctly it's the dishonorable people that wouldn't do it right anyway yeah let let me mention something about that if I may mayor uh the uh the ethics commission doesn't have the authority to self initiate any investigations so uh they can't say I'm going to audit every fifth form six they have to rely on somebody filing a complaint once a complaint is filed that could trigger a review of of form six but there still has to be credible information somebody just can't file a complaint and say these numbers look wrong to me investigate no there has to be some evidence that this person is supplying the commission to give them a reason to to at least open up a a serious investigation well that's good news at least it'll stop a little bit of the political game yeah the the other thing is these are public records and and I guarantee you in almost every community in Florida at least for the first couple of years your form sixes are going to be all over the Internet yeah uh and you talk about invasion of privacy from sort of an economic sense you know you if you're identifying where your assets are located and the amount of your asset and you're you have to break it down so if I have an account with let's say um Fidelity and I have seven stocks and mutual funds and all that the amount for each uh you know each item is supposed to be uh listed uh you know all you're you're not giving them your social security number or your your account number but thieves are much more uh creative now than they were in the 1970s when form 6 first went into effect scary okay I think commissioner Joseph and look back to you thank you Mr Myers thank you I got a couple of questions sure currently what individuals locally have to adhere to the form six standard I I I think I have some recog recognition of who they are but like can you are there any local level count Well County Commissioners okay yeah no no Municipal officials um state representatives they they uhuh um they all have to apply they all have to follow the form for years for years yes on top of that um our governor files the form six yes okay um and so I understand the civil procedure and people understand the civil procedure even if you were to get an injunction the likelihood is that the people named in the complaint would only be the ones that would Avail of the of the particular um benefit of that injunction just so we can clarify well you know that we we've gone back and forth about that we think I mean my personal opinion and it's really not worth that much because I'm not a litigator but to me any City that joins the lawsuit I would think that all their elected officials should be covered be because form six is a condition of office uh but the court may say look if you're not an individually named plff the injunction won't apply to you typically that and that typically that is is the basic scenario when you f these types of complaints it wouldn't be a blanket for everyone it'll just app to those the only way it applies to everybody across the state is for the court to strike down the law say it should not apply to City officials and you get like I said um as he pointed out the county commissioner does this the state reps do this the state reps they salaries are they should be higher you know we have Senator pizel that that has the same type of uh form six and he's you know he's very blessed in what he has and he has to submit a stack of documents to for the transparency part of and that's the one thing I I appreciate the form six is it's very transparent and um and it's been going on for how long since 19 in the 1970s yeah right so my thing is that I understand that you know there's you know certain people that would want would want to keep certain things probably because of security purposes and that's it but like if you're running for an office you're putting yourself out there I mean that's that's the cost of it yeah I mean that's true I mean the one argument I would make uh two things actually one argument is that well it's good enough for them why isn't good enough for us and if you really believe in transparency and openness in government it's good enough for our governor our state reps why shouldn't local officials apply uh how about the idea of applying the Sunshine Law to people in Tallahassee I hey I I if we're serious about transparency what uh the and the other thing is the test of form six occurred in the 1970s before the Florida uh uh the Florida Constitution was amended to include a right to privacy so the right to privacy with respect to form six has never really been tested uh the challenges were made before that right to privacy was enshrined in the Constitution so could you get a different result possibly no and I get it and and and to your point Point look as a lawyer they're still debating the issue about disclosing our clients um in that sense that I know that they're looking that's going to pass they're working with the bar they work think that's going to pass exactly and so that's the rule of the game now you have attorneys that are State reps you have attorneys that are County Commissioners and they have availed themselves and they will continue to do so under this circumstance and we're talking about people that deal with millions and millions of dollars on a on a on a reporting standard so if like I said if it's good enough for them and have bigger responsibilities and you have our governor why would and I would assume there's a cost to be a litigate in this particular complaint yeah certainly uh I guess the other thing and it's sort of too late to do it for last year you can't uh undo something now but what a lot of individuals have done it's perfectly legal is they've transferred their assets to other people or they've created trust they've created uh pas so they don't have to report everything to the dollar I mean for example you mentioned the governor two years ago the governor reported his net worth was $300,000 that seems sort of low uh he transferred everything to his spouse the next year he reported his net worth was 1.8 million why the big jump he wrote a book remember he got a book advance of 1.5 million so there are things that people have done you know to transfer assets you know to other people which perfectly legitimate uh so you know ultimately it's a policy call that your commission has to make thank you okay um vice mayor smucker do you have something you want to say okay so um did you when you spoke at the Mami County League of cities did you say or maybe I misunderstood that we're the only state that does the form six Florida's form six is the most intrusive in the entire country it's more intrusive than what the president of the United States has to fill out the president fills things out in ranges uh so Florida's is is the most intrusive of all of all states in the country and also uh more intrusive than the than the federal disclosure forms and that is actually part of the lawsuit too you know the whole idea is this the most is this the least restrictive means of of getting it information that you think would help fight corruption and and ethical misconduct so yeah Florida is number one in that regard okay and then are you the only is WEA the only firm that's doing this or is there any other well I mean we we file the lawsuit but there are some City attorneys from other cities that are not connected to White sroa that have joined to be sort of you know co-counsel okay and I and I did speak to some other Commissioners um in other and Mayors in other cities that I know that will be joining as well so the 26 cities will be yeah I mean the complaint can be amended to add you know additional cities Andor you know individual PLS and is there something in there about maybe grandfathering the elected official that already in office well I you know I the argument that's sort of a due process argument that when you started you know you had a file form one now in Midstream you have to file form six but that's really only good until the end of your term that argument so you want to run for a new term uh obviously so that argument is probably not the best argument to make although it's probably one that might be successful but it's a short-term fix and we're looking for something more than that all right all right anything else from the commissioners uh thank you Mr Mayor I just wanted to get our city attorney's opinion number one I appreciate you Mr Myers for coming through sure and um uh for giving us your perspective okay before we roll into that which is the next item let me just say one more thing and then we can actually move into 5.2 okay that's all right so anyway I think that the um that the rub here is that when you're in Municipal type of office you're more there as um giving of your time trying to make your city a better place that type of thing when you're in these higher level roles um in government you're really kind of have this mindset of the career politician and um so in that case you more or less know that that kind of comes with the job so I think really the push back at the municipal level is that there's a lot of most of the people that are involved not all but most people that are involved inicial level are really just doing it um for the short-term betterment of what you know of their city or what have you and they're kind of looking at it and saying well if I'm kind of like giving my time and trying to do a better thing why do I have to kind of put myself out there at that level and that might be the opposite side yeah I mean I the lawsuit sort of tries to distinguish the local elected official from other elected officials as part of the arguments that's being made I mean obviously it's not a legal argument per se but recognizing there are differences between a City Commissioner and a state representative I mean they're your neighbors I mean everybody knows where the mayor lives you know in a in a city don't everyone knows where your State Rep lives but in any event that that's it's something that the law suit you know is dealing with too trying to like I say distinguish what local elected officials do from other elected officials who are elected Statewide okay nothing else attorney Mar thank you so much for coming appreciate it appreciate the information so much you're welcome all right thank you um okay so let's move on to um 5.2 and that's going to be discussion regarding joining litigation seeking to declare form six requirement unconstitutional and um attorney Heron thank you Mr Mayor members of the commission there's an accompanying resolution that um um has been distributed or being the process being distributed came to us late um it's uh based upon the updated information that Mr Meers has provided but uh the title of that resolution is is uh r224 d41 a resolution the mayor and City Commission of the city of North Miami Beach Florida authorizing participation litigation seeking a declaration that the provisions section 1121 441d Flor statutes that require mpal elected officials to file form six Financial disclosure forms is unconstitutional and invalid authorizing the city manager doesn't need to do all things necessary to effectuate this resolution providing for conflicts providing for scribers errors providing for cability and providing for an affected date um several of you I've I've already had conversations with um regarding this matter um I actually share uh commissioner Joseph's concerns um that this is a a statute that's been around for better part of 20 plus years and frankly everyone but El Municipal elected officials follow it and comply with it um including your County Commissioners uh to the point that Mr Myers was saying that they trying to separate out local elected officials um you know the counterargument that is you're not in much of a different position than the County Commissioners that you know in every county in the state have to comply with this um if you're in a county where there are constitutional officers such as the clerk of court the sheriff of the um um property appraiser all those categories also have to comply with this statute um you know at the end of the day it's a policy decision for the city commission to decide whether or not you want to authorize um the engagement in we serota and the expenditure of $10,000 um you know what your return on investment the the the U possibility of prevailing or not um and um you know seeing what happens with the litigation um you know you all you all are the individuals who have to follow the form um and have to disclose the information that is is being asked of you going forward uh so uh you know I understand the uh the uh belief by many that the information that's sought from each one of you is intrusive uh but I again have to balance that with the fact that other elected officials throughout the state already have to do that and have been doing so for 20 plus years um I have of a friend uh who is an elected official in another municipality and he decided to resign before uh the uh the the end of of 2023 because he just found it too intrusive to uh uh to comply with the new requirements and that obviously is a decision each one of you will have to make U I understand and appreciate the um uh the efforts and what the the theory behind the litigation that's being um pursued um versus how much you would have to contribute which is $10,000 uh obviously the um the larger the number of cities that participate in it the you know there's a provision in the draft um uh resolution before you that U could potentially result in a refund of some of the money because you know if they collect enough municipalities and enough uh uh uh funds to that would exceed what they actually exp expend and they would return the money to all the cities on a prata basis uh so again it's a it's a policy decision within your discretion um based upon all the information that you've heard which is uh a fair amount um uh you know if you want some additional information we can you know um seek that out for you and uh but uh at this point in time uh the option is to either approve the resolution um reject the resolution or conceivably postpone the matter uh so we can uh obtain additional information uh to provide to you I I don't know what that information would be uh since most of the information regarding the litigation and the theory behind it is is already out there as Mr Myers has has described okay all right so so I think we we all sort of understand the issue um so um if you if you want to have any comment about that um commissioner for I'll let him go first and commissioner Smith all right thank you uh Mr Mayor so in reference to a comment that was made about um who the um the end result would affect can you lend some clarity to that because if we enter into or join this lawsuit and let's say they were successful uh as a general rule um you an order U that would result from a favorable outcome is going to read you know um all all the name parties uh and all and and all elected officials similarly situated I mean you draft these orders broad enough to include uh everyone uh because it does have statewide applicability there is a um uh two-part component to what we serota healthman is asking one is joining the litigation and I would uh agree with Mr Myers that uh if the city were to the city commission were to uh approve moving forward the benefit of any favorable ruling would apply to the city as a whole and all of you as elected officials of the city there is a separate component that I will reach out to each one of you depending upon how you vote tonight and if it is to approve is to then lend your name in particular to the litigation as a name plaintiff and there's a a separate form that uh we Ro has prepared and and I will provide to you and you have that discretion uh and ability to um go that step further and be an individual name plaintiff as an elected official of the city of North Miami Beach but what you're saying is either way whether the person that are not okay thank you okay [Music] um that was my question so would it behoove us to perhaps give you $10 as an individual to be involved in the suit so that we because the way I heard Mr Myers say the same thing is there's no guarantee if they win the suit and we're a part of the suit that individually we still couldn't be responsible I'm I'm if you if this if the lawsuit if the plaintiffs Prevail in the lawsuit then the end result would be the Declaration that the form six is unconstitutional and an unconstitutional form and an unconstitu statute applies to all of you you know that declaration or that determination unconstitutionality isn't ow only against these individuals but not those everyone who falls within the class that is um uh covered by that form including the the elected officials who have been following it for you know 20 years they would also receive the benefit of that uh determination ultimately um what I will say to you and I and and I I apologize for not mentioning this before one of my one of the concerns I have with this litigation uh and to Mr Meyer's comment that you know the state is not going to go along willingly with this litigation is the ramifications of a successful uh win of a successful case will that motivate the legislature to go back and amend the statute to arguably take care of the unconstitutionality the court finds to make it fit within the ruling to now have a a narrower statute um that arguably would then withstand uh uh con tional attack the second effect that I'm concerned about in the long term and this just is you know my my personal observation of what's taking place in Tallahassee on a yearly basis is that year after year the Florida legislature has been eroding home rule power uh and and probably this year more so than any year before that attack is in full force and effect um it is these types of fights the this type of litigation these this kind of push back that sometimes motivates the people in Tallahasse to be even that more aggressive and their erosion of H rule power oh you don't want to follow the rule that we've been having to follow for 20 years we're going to now stick it to you I I would not be doing my job if I didn't raise that Spector of that's a potential uh indirect and U but potentially consequential impact of pursuing this litigation but at the end of the day if the court rules that the form is unconstitutional it's unconstitutional okay commissioner Joseph do you want to say something um oh okay um I the saying sentiments um you know this is signed in um Governor does it you know our County mayor does it our County Commissioners do it this has been going on for 30 plus years they will not give up on this litigation the state they will fight tooth and nail they'll appeal it to wazu and we would expended $10,000 we would have from a public perception standpoint it would make us look less transparent because you have all these other people willing to do it that's been going on for 30 years now we're putting ourselves in that no we shouldn't Avail ourselves even though they have bigger responsibilities so I just want to add that sentiment thank you okay um and vice mayor smuckler thank you so [Music] um you know it just doesn't it doesn't necessarily it's not just to look at how much money elected officials have it's also looks at how much money elected officials do not have so it's not just about you know and and I was actually um I was going um over the form with my accountant and we decided to look at some of the Senators that we know you know piso is an open book piso doesn't need a form six okay so we were looking at some Senators that we know have money and we were looking at at their form SI six and they have no money because they you know they've transferred everything to a trust to their spouse to whomever they want to so um you know we're at least me I'm being open I didn't transfer anything to anyone and that's it um but at the same time I have a big problem with um being here and asking to do something that we didn't sign up for and um you know I believe we should be grandfathered in and if we run again for office then of course we would have to fill it out so I I have a problem with the fact that it's not what we signed up for and that's where where it is and you know what maybe um maybe we will win in Tallahassee maybe Tallahassee will see that you know um we'll stick it to them maybe you know let them know that we're we're sick and tired of of them and we're going to fight back okay any other any other comments on this all right so um Madam clerk is this an item that we need to vote on um and if so do we need to sort of introduce do a motion to introduce public comment do we need all that or kind of uh it's a little bit you know unusual the way we're kind of moving all this stuff around everything so well there's a resolution um attach this item so if depending on the board's decision if you want to move forward with it then yes you should have a motion a second I'll make the motion second okay all right so then um we're going to need the we got the motion and the second so you're the motion commissioner Smith and you're the second who's the second I was okay vice mayor smucker is the second um okay and then um the I guess we better read the title and then for that that's that's fine uh Mr Mayor members of the commission it's uh titled the resolution r202 2441 entitled The Resolution the mayor and City Commission of the city North Miami Beach Florida authorizing participation litigation seeking and declaration that the provisions of section 112.1 144 1D Florida Statutes uh that require Municipal elected officials to file form six Financial disclosure forms is unconstitutional and invalid authorizing city managers Asing need to do all things necessary to effectuate this resol solution providing for conflicts providing for scrib errors providing for severability and providing effective date uh Mr Mayor historically on resolutions um like this you've taken public comment yeah we'll do that okay so essentially this um this resolution is going to be to um approve participating in the litigation authorizing the engagement of Weiss Roa as outside council is provided for in your Charter and authorizing staff to forward them the $10,000 fee that uh is part of the resolution request okay I have a question if I may thank you Mr Mayor the City attorney um when you read the resolution which I'm trying to read now being presented to me under section three it says that um fees and cost $10,000 to represent the city if they need more money do you come back to us this is just not H we would come back to you the although the representation I understand it is it's $10,000 and they don't anticipate having to come back to us we would absolutely POS come back to you okay thank you very much right we're not committed for more than 10,000 what I want to clarify for the public before they spoke and we could get a refund if and if partial refund if there's left over that's going to happen but you never know you never know okay um all right so we've uh we we have it presented so I guess uh next would be to um open up for public comment on this item so Madam Clerk and we probably make sure we s everybody in too but I know you know that no you don't not not for the comment only quasi okay we're good got it good evening everyone the mayor and commissioners of the city of North Man beach has opened a meeting for public comment at this time please speak only on the item that is presented before the mayor and commission you have 3 minutes to do so and state your name for the record we have some sign speak speakers here so I'm just going to call them from the log if you do not wish to speak on the item just keep on going Karen Harold something else but we can still go to that right this is only on this particular item thank you thank you so much for the clarification Karen Harold I live in North Miami Beach thank you for letting me speak all these wonderful faces up here nice to see a full house we win um I'm in favor of it because I think it'll be a detriment to people who especially a lot of the Commissioners we have came from not having any kind of a political background learn as you go and we want to encourage people who want to get involved and want to help the city and I think that it would only hurt at this time especially since we're coming up with a lot of Elections happening to put something like this in place now and like you said the people that are already up here now back in the 70s we didn't have cell phones we didn't have WhatsApp we didn't have information spreading all over the place so even though it was said about the Privacy didn't come into later we didn't have this way of communication that could be spread and ruin someone's reputation it just you know so I'm in favor of putting that um money into being able to protect yourselves but also encourage other people who would want to run to be able to do so without fear because let's if you've ever been on any kind of uh WhatsApp or Instagram if you notice the comments there's so many people that leave hateful comments that's not something we had before so I think that would only subject yourselves and other people to areas that you don't need to go into we need you to be happy alert and working for the city and not worrying about people who have hate coming after you or wanting to ruin you because they don't like something you did anyway that's my opinion okay thank you no can you ask if anybody else wants to you I think she's going to call the next speaker up I think she's calling one by one okay you want to ask if anyone else wants to speak or you just going to call them on this item yes um so from this item the list I already asked a few if they want to speak so I call you Mr zapen you are next okay they [Music] good David zapen founder of 30 k for back pay um slight clarification no uh back in the 70s we did not have what's app uh there were crude cell phones but I recommend the TV episode the house on Willis Avenue Howard hesman as a local representative up against the databases of its time so the problems are not that new but they're definitely didn't fit in your pocket uh some might be familiar with the podcast from public radio Tallahassee takeover now granted by Charter yes tah state capital has a lot of you know standards that all the cities need to meet or else but at some point you know we we can't have two sets of standards and it sounds like this level of paperwork that we are required and and tah has is not no let's try to make one standard when possible when reasonable I realize reasonable isn't always uh what one could hope and um I guess that's all thank you okay thank you anybody else um here to speak on this former commissioner Barbara Kramer good evening Barbara Kramer uh I do agree that the city should take part in um this this uh lawsuit I think it's egregious that they're asking of you to give up so much um personal information I really don't understand how that's going to um make things better and and stop any type of um corruption and if there is corruption we've had corruption in our city uh then people get into trouble and they undress you and they look at your bank account that way but if this was something in in a perfect world where they could put it in a lock boox and only certain people see this information you know maybe that would be okay but I think for all your neighbors to know what you have um in your home um in your bank account I just think it's egregious and I understand where our City attorney is mentioning about how the government you know the governor or the or the legislature in in Tallahassee will really stick it to us because of the whole home rule um issue if you if you all don't agree with this if if you all win let's say then they probably will stick it to you because the governor is going to have to appoint people because people are going to bail out I can tell you that five % of the electorate it's not a lot it's about a 100 so far have bailed out and I'm sure there's plenty of people good people successful people people that we want up here even not successful people but have a great brain are not want to be able to divulge that maybe they don't have a whole lot of money saved or divulge that they're bazillion because PE this is a very judgy Society so um I think for $10,000 you should go for it and I'm not surprised that some people don't think it's a good idea because it's probably about the law firm that was hired uh to represent you all okay um anybody else okay all right so um at this point the public comments closed um anything else from the Commissioners one more shot before we keep moving I know we pretty much addressed it all so if we're all good there um and if we're all good I'll um take a motion in a second to approve motion motion second okay so we got the motion with vice mayor smuckler and the second with commissioner Smith um all right um so on this one we need a roll call or we can do a voice vote Voice vote okay all right so all in favor say I I any opposed oos okay all right so one is opposed um commissioner Joseph and otherwise um the rest are unopposed and the motion passes I guess that's going to be a six to one okay perfect all right thank you thank you all right and now we're going to move on to 53 which is um the fiscal year 2023 2024 first quarterly financial report and that's going to be Sharon [Music] Stewart should there's someone here do this presentation what's that you gotta go there's you have to go on the new um here just come check what's going on I don't see there mayor while we try to bring up the presentation can we move on to the FDT uh presentation and then we'll come back with Finance that'll be fine all right thank you apologize all right so let's move to 5.4 fdot Golden Glades interchange project and sery dwarte good evening so for our presentation do we need to use that computer to load a presentation deck okay what's your presentation FD Glades interchange project the first one yeah all right good evening thank you very much for allowing us to provide you with an update um with the Golden Glades interchange project also known as the GGI project and okay so I can control the presentation through here let's see with the clicker okay so this project led by the collaborative efforts of the Florida Department of Transportation District 6 and the Turnpike Enterprise represents a milestone in Florida's commitment to building Transportation infrastructure that connects communities and fosters economic growth all right there we go so this is a presentation that we put together we'll go through an overview of the GGI project we'll outline some of the key benefits and touch upon What To Expect While construction is ongoing my name is Sergi dwarte I will serve as the senior community outreach specialist for this project I am joined by fdot project manager and Resident engineer Manny espinel and also joined by fdot consultant um resident engineer Raj rangaswami so this project is currently scheduled to start in Spring of 2024 and the project really the main purpose of the project is to enhance Regional mobility and Revitalize this major transportation interchange which I'm sure you're all aware connects five major facilities in the south Florida area that's I95 paletto Expressway the Florida's Turnpike State Road 9 and State Road 7 US 441 this project is part of the moving Florida forward infrastructure initiative and so what does that mean fdot identified previously approved projects that only lacked funding to move into construction and due to Florida's sound fiscal Health $4 billion from the General Revenue Surplus has been dedicated to this initiative to advance con construction on projects around the state such as as the GGI project that will address congestion improve safety ensure resiliency of our transportation Network and enhance Florida's supply chain and economic growth here's an overview like I mentioned we're looking to start this project spring of this year and that will take us through fall of 2031 the current project cost is 98 million and during this project and we do have a slide on the maintenance of traffic and what to Expect While construction is ongoing but there will be nighttime lane closures there will be there will be overnight detours there will be traffic shifts and that information will be posted on a dedicated project website that we're in the final stages of launching which is go- gg.com and that will be a main Hub of information and resources for the project itself the contractor on this project it's a joint venture so it's two contractors who are Halle engineering contractors and MC civil so here's a look at the project area you'll notice the five state roads that we were discussing and the project limits on the West End are along the Palmetto Expressway and Northwest 19th Avenue on the East end at 167 Street and Northwest 2 Avenue on the Northern end the turnpike and Miami Gardens Drive and heading south on 135th Street along I95 this is a rendering of the core of the Golden Glades interchange this is what it will look like upon completion so let's discuss the project benefits this is the fdot compass and the fdot compass serves as the guiding principle for fdot it emphasizes the significance of having clear Direction in the transportation sector and it ensures alignment with fdot's goals of meeting Transportation needs not only now but of course in the future as well as you see in the compass key areas include safety resiliency supply chain technology Workforce Development with communities being at the center of fdot's operations I'd like to hand it over to Manny our resident engineer and project manager to discuss more of the GGI project benefits good evening thank you thank you sergies so as you can imagine with a project of this size 98 million there's going to be a myriad of improvements but to save you all the details and preserve some time I'll share some highlights we're installing over 9 and half miles of drainage infrastructure throughout the interchange that's over that's over 50,000 linear feet of pipe we're also constructing 32 new Bridges throughout this interchange additionally the Project's going to include updates to lighting to The Interchange improv the emergency access and and inant response times will in will improve as we add new Lanes Through The Interchange next slide so the project will be improving the also the project will be improving the connection to the Golden Glades multimodal Transportation facility which we finished a couple years ago uh we'll be installing wrongway vehicle detection at various locations throughout the interchange and installing traffic monitoring cameras which play a very critical role in managing the safety and mobility of the traveling public this project will create employment opportunities and enhance economic activities during the life of the project at this point I'll pass it over to Raj who'll go over some of the more specific details and highlights as to the the benefits of this project thank you Manny next SL if you're currently traveling on 826 and you want to go from a26 eastbound to I95 North you have to co-mingle with whole bunch of traffic going to Turnpike and also you have to enter through 167 Street and Northwest 2 Avenue which is going to take a lot of time the major benefit one of the major benefit of this project is there will be a direct connect from 8:26 going to 95 North so there is no stoppage you can keep going this component of the job is so important D has put in incentive and disincentive so that the contractor can finish this component 3 years ahead of final completion of the project so we feel this particular mov is going to kind of uh help to relieve the congestion in the Golden Glades and The Next Movement you are seeing like uh if which does not exist today like if you're going on southbound express lane we are going to be creating a new movement going from southbound Florida Stern Pike to Southbound I 95 without comingling with any other movements or traffic so there will also be a lane coming from the Northbound going to the turnpike as well next one and there will be more Lanes constructed coming out of Turnpike like right now there is only one technically which get mixed up with other traffic once this project is completed you will have two non- toll Lanes going from turn Turnpike to I95 southbound as well as there will be a dedicated line coming from Northbound towards the turnpike next one and as Manny mentioned we'll be building 32 new Bridges practically we are taking out almost all the bridges except for that high flying uh the express lane bridge which is going which is highest among all the bridges in that intersection we are taking down 23 Bridges and building 32 new Bridges and I95 will be widened in many parts Northbound and southbound as a result the traffic will flow lot smoothly once this project is completed and then we are making improvements to make sure the access to the multimodal facility is much more streamlined uh the entrance will be pushed further south towards the biscan canal and there will be a easier movement going to the multimodal facility as well as State Road 7 and finally the 826 ramp going from Turnpike to westbound 826 will be improved and because of all the improvements which is going to happening around the 8:26 we'll come in and do the milling and restriping and new asphalt so the entire traffic pattern looks a lot better and the movement will be lot cleaner that's that's it go ahead thank you Raj okay just a few more slides in terms of what to expect we also do have a video there's a question okay okay when you're talking the project you said how when it's going to start what's the amount of time when's the going to be complete fall of 2031 that's our our current estimated completion date so sevene project closer to eight I would say yeah and and if you're adding lanes and you're changing all the bridges how is that going to affect the traffic yeah so there will be nighttime lane closures there will be overnight detours um there will be situations where there will be traffic shifts either moving the traffic to the inside Lanes or to the outside lanes and all in our presentation actually that's a perfect question right that's our maintenance of traffic um we will be announcing this on overhead boards along the highway we will be working together with different advertising Partners as well um here on this next slide and we can always you know uh jump around but I want to address that question something that's unique to this project and we're very excited about is the Florida Department of Transportation has a partnership with one network and so one network allows our contractor and project team to communicate through the one network platform so that realtime lane closures can come out on your favorite navigation app whether it's Google Maps or ways or Apple Maps so there will be Ina to traffic and ultimately that will increase time when traveling through the Golden Glades interchange does that answer your question yes it does excellent thank you so like I mentioned we we will have impacts to traffic we want to note that while construction is taking place access will be maintained to all surrounding properties and like I mentioned there will be inconveniences we acknowledge that um such as dust noise vibration heavy equip in the area construction Crews but what is our team doing to mitigate that and that is through water and sweeping through vibration monitoring through coordinating with partner agencies such as Miami day transit um and having certified flaggers as needed to help with the traffic flow um like I mentioned we will have a dedicated project website that is in the final stages of being launched which is a great resource goi.com we discussed the one network platform that will allow us to have real time lane closure information as it's happening um during night time and overnight hours during the project there will be enhanced safety as well uh with 247 Road Ranger service and to help optimize traffic flow there will be coordination to adjust the traffic signal timings as necessary throughout the life of the project now in terms of our Outreach plan I think fdot understands the importance of having Pro active and effective communication with the community and the GGI project has a dedicated multilingual community outreach team meaning that information will be available in English Spanish and Haitian Creole and to better serve the community there will be a continuous combination of engaging the public via popup events and door-to-door in-person Outreach with electronic project updates via email and updates on the goi.com website something else that is unique to this project as fdot is very dedicated to making sure that the word can be spread about this project and we're really thankful that you're allowing us this platform to be able to speak to the residents of North Miami Beach uh we also will be working with advertising Partners to have geofence messaging so what does that mean we can work with that advertising partner to make a geog grid around the Golden Glades interchange someone who is driving through the Golden Glades interchange later on that day or the next day they could be served an advertisement about the Golden Glades interchange especially now that we're in the construction stage or moving into the construction stage we want to make sure that people understand that there is information out there about the the project and later on I will share my contact information so any residents can also reach out to meet directly with any questions or if any businesses want to also have a one-on-one meeting we're available to have those meetings as well this is a project video that was created during the design phase and it will will give you the visuals to the improvements that we're talking about there should be volume no the video has sound yeah but it's not coming through it's not coming through from [Music] mayor if I may while they work out the sound I I want to just mention that we uh and vice mayor met with uh fot uh to hear this project and a lot of the things that they mentioned were requested of us we wanted to make sure that there was minimal impact on our residents within the city of North Miami Beach so you heard the things like the Geo fencing the messaging uh specific to the community uh you heard about the enhanced sweeping to keep dust down and we want to make sure that we maintain traffic flow and then impact those communities like ulita and others that are right there um so a lot of these recommendations that you're hearing came about by this partnership and we will continue to work with fot to ensure that this project goes as smoothly as possible for our residents okay I guess we're not going to have any volume huh yeah there is um audio to that video but you know we can share it with you guys if if you guys want to post it on your website that'd be amazing uh or share it on your social media um but yeah it just takes you through the improvements that are being made throughout the project so that is my direct contact information that's my cell phone number that's my email address uh we want to make sure that people understand that they can reach out to someone if they have questions as especially once we start construction I you know based on my experience people will be more interested once they see lane closures in the area um I think that commissioner Smith has a question before you go yes I have uh just three questions real quick number one you say it Local Economic because of the hiring will you be using local literally our own people from North rine Beach at first um a priority so there will be a an effort to make sure that there will be economic activity for the local area um we will be working with a nearby city as well on a job fair to look for local people so there will be an effort to fulfill um jobs with the local community so one of those jobs fairs could actually be held right here in North L Beach we can work that out yeah I think you know if that's a conversation that we can have later on and you guys see that that's a benefit to the city we would love to have that conversation and see how we can partner and um be able to fill some of these jobs um with North Miami Beach residents okay my second question is you were going to work with the um the communication the that's already established on the west side of I95 where they have the not communication Transportation where they already have it will you be helping with the financial support of a bus or your own bus will pick people up locally when you have all the mixup going on how will that work financially for the city will we the burden be on us or the burden for the financials of that will be on you so in terms you're saying in terms of Transit service in terms of the bus that I saw that's going to it was one of the photos yeah so that from the slide was our coordination that we will have with Miami day transit to ensure that they can still continue their routes so our goal is to make sure that we can minimize the impacts to uh Miami day transit so for example these lane closures and impacts of the roadway would happen at night and overnight so during daytime hours these buses should still be able to run their routes um and be able to pick up residents in the area as regular we have a trolley that goes over there right now we have a trolley that runs from that transportation to North byi Beach pays for it if there's going to be a disruption of that and it's not going to be uh something that will will be viable for us to continue will you step in and make it happen so the people that ride that that need that Transportation so is this a Transit service that is provided Around the Clock yes no I don't know around the clock it's a shift so that the the way that this project will be handled in terms of the phasing the impacts to traffic would happen at night and overnight so maybe that's a conversation that you know we would want to look at that schedule and see if there are going to be any impacts but for example the nighttime lane closures any detours would happen overnight and during daytime hours our team is committed to having the same amount of lanes that you have um now also during daytime hours especially in peak hours of traffic okay my last question is Con very concerning to me as you know IES da road is having a lot of construction as we speak and it's going to continue Miami Gardens Drive is slated to be next so how can we possibly have the main uh corridors that go from that area to the east side at the same time doing construction are you coordinating it because only one should have the temporary closings at a time not two and even possibly three yeah so with any nearby projects we will be coordinating on a regular basis um there are a few projects in the area so our team will be coordinating any type of closures and detours with them so either we tag along on the same closure or just really being on the same page to minimize the impacts of the traveling public I went to um commissioner steinber gave a speech on what's going on and um one of the things I think that really has to be coordinated is the traffic lights the traffic lights can't stay with the the way they are when you start doing construction because it'll back up to wherever and then some and so I just I really um as one of the commissioner said it's a seven-year project and you know um seven years of the the annoyance of it you lose a lot in the community because people will avoid coming here when we're trying to build up Economic Development here in North ran Beach if they see a grin loock the first time the second time they won't come the third time so that's what's got me concerned understood understood and I think you mentioned something about uh the traffic signals so that's something that our team will be coordinating during construction to be analyzing these different traffic signals to see how we can work to optimize and adjust those traffic signals to optimize the traffic flow while construction is ongoing I just want to address one thing to the manager before we finish this subject please be sure that our staff stays on top of this and make sure that we have uh the flow that he's saying that will continue unless at night coming into the city because I feel like it'll really jeopardize the economics of our city although in the long run it might help us a lot so well seven years later I hope somebody will tell me about above and and commissioner Smith when we met um prior we had several departments in at that meeting okay okay great and to close out our presentation we always like to end with a message from the fdot safety office did you know that texting and driving is illegal in Florida fdot reminds you to please put it down okay I'm I'm sorry did you have another question commission yes um thank you so much uh you have a comment about the texting and driving no no no I just have I just have a general comment um in reference to the time lag between when fdot recognizes the problem with traffic and when the construction is completed and whether or not we're solving problems that we um experienced 10 years ago with solutions that are Antiquated so I'm and and that's what I'm trying to kind of uh trying to figure out how do you guys uh plan out construction so that issues that we were facing 10 years ago with traffic are not what you're solving for but you're solving for issues that'll be in you know 20 30 because more people more people are coming right yeah and they're not going to stop coming when they hear about these projects obviously it just tells them that there's going to be more room right and so um you know the numbers of drivers on the road is going to continue to increase in seven years that number is going to increase substantially so how do you make sure that your resolve is actually speaking to the issues of when it's going to be completed thank you thank you for the question so typical FD project especially a project of this size goes through many phases and the Very initial phase of planning for a project like this is the planning stage and part of the planning stage is forecasting traffic 30 years in advance this Project's been in in planning or in the works at the department for over a decade now um and it's finally coming to fruition uh so we do plan for traffic un unfortunately and I and I'll be very candid with you it's like being a weatherman you're you're you're predicting we're going by based on Florida's growth right the south Florida community's growth so that's what they're predicting on traffic projections 30 years out so we we do anticipate we do expect that this is definitely going to improve The Interchange especially that connection that that's been missing at The Interchange from going eastbound on 826 and go uh Northbound on 995 as opposed to going south on 95 441 doing the Looper on either and going to the intersection stopping at the intersection and turning to go on Second Avenue to get up back get on I95 so that direct connection is definitely going to improve that flow is definitely going to improve the intersection at 167 Street uh which is also part of the project just because we're focused we've talked talked a lot about The Interchange we are doing also improvements to the arteria roads near the the the interstate 6th Avenue 167 Street so all that planning's been done decades in advance for 30 years out in the future so thank you um and as a a former member of ftac I've had the opportunity to hear some of your presentations um uh so um my my next question is are there any dollars that are still available um or do you allocate with these types of projects dollars for municipalities uh that they can um make improvements leading to the The Interchange or in general when you're doing these types of projects um are there any dollars that are allocated so that municipalities can participate in the Improvement of the roads that meet um your your your your projects um the construction that you're actually doing so with a26 on the um on the north side of a26 that's kind of that's North Miami Beach obviously the south side is Miami day County we we've had that conversation before but are there any dollars to help with beautification Improvement and things of that sort um to kind of um make a cohesive um appearance to to what's happening that one I probably have to get back to you but typically on on a project for so I'll I'll give you an example Le we're widening I95 especially on both sides Northbound and Southbound on the north on the Northbound side we are making improvements to 6th Avenue because we are widening and we're kind of Shifting 6th Avenue 6th Avenue does not belong to fdot so we have a joint participation agreement with Miami Dave County which they participated uh they provided the funding to fdot to include into our project so that's not the only case we do joint participation agreements I believe also the department also has off system agreements that we do I'm not sure how the funding works and we can definitely get you the information for that uh get in touch with our financial uh side of the the house um we do have I think grants that cities apply for through fdot to be able to provide you know uh multimodal improvements or improvements to the municipalities so I'm not sure if that maybe answer to your question kind of but I would like for our St have to follow up on that because if there's dollars that may be within that project allocated uh for Partnerships or maybe municipalities can take advantage of I don't know if every dollar has been spoken for but that might something all all the dollars on this Project's been spoken for there's that that goes directly to the project to the contractor to the the contract that we have with the contractor okay and all the pay items that we have for that job yes commissioner typically these projects don't have dollars for other municipalities it's 100% to the project the one thing that um State Statute does require is that all of these projects has a certain percentage for landscaping and beautification within the project it's usually about 1% of the total cost of the project is in there so what I'd like to ask if DT um if you can look if all of that money's already been allocated um into the plan or if there's an opportunity where we can help um um um provide um influence or or feedback to how it's that intersection is being um landscaped um and maybe there's a cohesive way that we can work with um what the city does and how the entrance feature into the city can can look like I'd appreciate that help yeah we can definitely do that and typically when we have the construction project we always come behind the construction project and do a landscape project uh we did that with chrome Avenue the entire stretch of chrome Avenue we did the whole construction and widening and then we came back through and put some Landscaping and we and if there's a municipality that runs through there we always coordinate with them as the type of landscaping that they would like to see as long as it's maintainable by the department and if it needs any type of regular maintenance uh irrigation stuff like that that's where we do some type of agreement with the municipality to go ahead and maintain that Landscaping but yes thank you thank you we can definitely follow up on if there's any future plans on Landscaping with thank you okay EXC well good all right thank you guys appreciate it a great one thank you thank you okay so we're going to move back to 5.3 are we good to go on that now yeah thank [Music] you okay good evening mayor members of the commission City manager's office Madam City Clerk and our City attorney so I'm Sharon Stewart I'm the budget administrator for the city I'm going to go ahead and present the first quarter financials um as of December 31st 2023 okay okay not working okay all right what's going on it wasn't turned off oh all right um disclaimer here okay so this um for the purpose of this for the purpose of this report um it is presented on the cash basis of accountant which means that the actuals are actually recorded as they are paid and our revenues are recorded as we receive them so it's like an exchange of cash out the door in the door kind of thing okay this is UN audited which means that the reports that are presented here they could change at any time because the the information that's provided here was reflecting as of um December 31st so things could have changed since then because we could have made some adjustments so this isn't on audit Ed report here the methodology all right the annual budget is divided here into four equal quarters um Although our expenses may not be reflected that way um to keep the ease of the reporting we decided to you know provide it in uh four quarters so they can easily be um provided to you in this uh report certain exceptions have been made to this formula that can we can reasonably um understand that some changes may occur so say for example the adval revenues that we receive we know that um in the first quarter as of December 31st we're expected to get at least 75% of the budgeted Revenue so for that reason now that is adjusted and not broken down into the four quarters like the rest of the report may have been okay prior carry forward is reflected here is 25% of the budget so any Department that may have um had any carry forward amounts that's actually here reflected as 25% of the budget for the entire year um the pension payment here is um paid in full for the fiscal year and what's reflected here now in this report is that the actual and the budget are actually reflecting that payment so we have adjusted that budget to show that we have paid our payments um ahead of time um with the exception of the 2. million that the um city manager has committed to the police pension and that will be reflected in next quarters um reporting okay overall the city right now is at a favorable variance of $2.5 million okay so this is just the uh first quarter and this is basically reflecting all of the fund so we're talking about with the general fund if there's any inter price funds or also our internal service funds um that does not necessarily mean that we'll have this $2.5 million at the end of the year is just the fact that our expenses are coming later on and then our revenues are actually um we're collecting them ahead of time and that's basically here it's just driven by the budgeted revenues and also the delaying our expenditures our operating expense and as men most for uh of the funds contribute to this $2.5 million variance and I'll just give you the ex uh the funds that are basically contributed so we can see here that general fund um of that 20.5 million we have five four 5.4 million rather in the general fund that's rolling up into that 20.5 million that we you know that we look that we're at this favorable Vance of time right now cra $3 million um well $4 million $3.9 million so again that's just because of timing of um expenditures the water fund the same thing 5.5 mil and we have the sewer fund there are 3 m three just $3 million building um$ 439,000 roll up into the 20.5 mil as well as Solid Waste 432 but those are again that's just because our expenses are falling behind um the budget and customer service $378,000 so these charts basically dep picks now um the revenues these um capture like the major general fund revenues and you could see for the first um for the first block of numbers there that's reflecting the Ador revenues and you can see what we have budgeted um versus is what we have collected so we're doing really good in terms of all the revenues and they you know they they show you all the revenues across so the first um in blue represent the adopted budget and then the second number in the red represent basically the uh first quarter budget and then the actuals of what we have collected so we are doing pretty good as far as the general fund Revenue collections right now and this is by function so these are the um General fund um departments that we have we're looking at like for example we have our administrative Department um we're doing very well in terms of where we are with our expenses we are not over at all um and I and I think and in general we're doing fine you can just look at it across the board and see again the adopted budget the first quarter budget and then where we are with our actual expenses and we're doing very good we're trending well in our first quarter and then this is just by class um it's broken down by the salaries and the related costs also the pension our operating expenses our capital outlay and then our non- Capital expenditures and again I just feel like a broken record I'm repeating that that that we're doing well um across all areas as far as that's concerned and this um chart just depicts now all of the funds in terms of the revenue so we'll see that we have all our major funds here the general fund the CRA um Transit and so on and we could see again by how we have broken down the um the budget by the quarter um with the first quarter the overall um function of the units um they're you know pretty much collecting the revenues as far as what we expected that they would right now and all of our expenditures um for the first quarter here this is all of the funds and once again you know we're trending very well and again it's the first quarter so everything is you know somewhat a little delayed we're not going to relatively say that we're going to have huge savings I'm not saying that at all it's just the fact that it's the first quarter and a lot of the expenditures have not come online yet so as as we move towards the the you know into the second quarter the third quarter our revenues um will still go up but our expenses again will will start coming online and then you'll see where that dwindles a little bit and we will see where everything kind of silos and it's the amount that we show that we're predicting here may um decrease somewhat and this is a chart that shows all of the funds um with their salaries and we're doing relatively well again um and then basically that's the presentation here I don't know if anyone have any questions in regards to that okay any questions commission just um did you email this to all of us um well it was um it's part of your backup yes okay thank you okay anything else or good on that okay um thank you very much all right thank you okay all right next is going to be uh 5.5 legislative updates and the city manager uh thank you mayor uh vice mayor Commissioners um just quickly wanted to give you all a quick update on um the legislation uh last week they finish week six uh we've got about three more to go um as the attorney had mentioned earlier in the evening um this has been one of the most um in my opinion odd um legislative sessions um as the attack um on home rule I've never seen it attacked as as much as I have this year um just to give you um an update part of the the backup um there's a 60-page report from Florida Liga cities that gives you a quick a quick summary of the bills and whether um the Florida League of summary uh Florida League of cities excuse me um either is recommending the support or opposition of the bill or if they're just monitoring the bill um you'll notice that almost all except a very few is in opposition to the bill and we're working with the Florida Le of cities um in in that regard um one of the only bills that that they're supporting is um and and I'll go just run through a few to give you some examples uh alternative Mobility funding systems um they're they're recommending a support and that's something that that I think um came came through as well um from our end where um essentially this bill says that only the municipality or the jurisdiction that is issuing the building um permit um Can require the collection of um transportation um or Mobility fees um that are associated with impact fees um counties and so forth may may not like that as much as municipalities but um that's that's from a municipal level that's that's a positive uh but then we have several other type of bills um that are a bit more problematic um some of the higher um dollar range that would affect budgets Statewide for example are a couple of the um joint resolutions trying to get um to change the state constitution um one bill um would which is house joint resolution 7015 um this would um is a proposing to increase the maximum amount of homestead exemption for all um properties except for school district levies um from the maximum amount of 25,000 to um 50,000 for homesteaded properties with an assess value of over 50,000 um the state um budget uh legislative analysis um says that the impact to non-school local government property taxes within the State of Florida for fiscal year 2526 will be approximately $1 to $1.1 billion assuming current tax rates um so that would have a a very big impact on on municipalities um and where we get the majority of our funding from year over-year uh a similar bill um house um joint resolution 7017 um essentially would um exempt all ADV valorum taxes other than School District taxes well they set the school district tax so I guess that's why um be adjusted annually for positive POS inflation growth um this would have a negative impact on Municipal um property taxes um anywhere between 22 million to essentially $12 million um beginning in fiscal year 28 29 um so these would if passed um would have to be voted on by Florida Constitution um on the ballot and would require 60% um I don't know how that wouldn't pass a voter um but it would have large impacts and ramifications on level services that municipalities and other jurisdictions would be able to provide um of note um and of concern for North Miami Beach there are three bills uh with regards to water um and Municipal Water and and Sewer utility rates um House Bill 47 by representative Robertson and Senate Bill 104 by Senator Jones um the bill has gone through the house um and um two Senate committees um as of right now it's not being um calendared for the third Senate um um committee the others um this would affect um essentially this bill would say that any municipality who has a utility in another jurisdiction um is not allowed to impose a search charge on the jurisdiction where the utility lies that affects multiple utilities including North Miami Beach um the next bill would be House Bill 777 by representative bracket um that essentially eliminates all search charges Statewide with regards to water um so removing the 25% um that has not moved out of the Committees and um doesn't appear to be moving forward um the third um that is moving through the house but is not moving in the Senate um is I apologize um House Bill 1277 and Senate Bill 1510 um this restricts the use of Enterprise funds um so there's a typically it's called an Roi return on investment um in which we would transfer from n&b water into our general fund because of use of um employees and so forth um for the time and efforts that that we're putting that's not a contractor um or an employee directly Out of n&b Water right we use our procurement our legal uh we use finance and and so forth so there are capping that and then putting additional restrictions on the municip um the utilities um as well on on top of of that so um that could have a negative impact overall on our service um deliveries there are others that are also concerning um in here and we're working with a Florida Li of cities one with regards to the building departments there are two bills and sometimes people start confusing them one bill with regards to the building department is for large developments um like lenar homes and stuff that they're kind of spec houses all the houses are very similar um and so they're they're trying to pass a bill that would allow for an expedited review of getting those Master permits kind of all at once as opposed to one house at a time the one that would really affect us um is there's a lot of caveats into the um residential building permits um and I believe that's House Bill 267 and Senate Bill 684 um this would mean that any city um or municipality with over 30,000 uh residents we would have to create a program that would expedite the process of issuing a building permit uh for res um for residential um divisions create a two-step application process um that adopt preliminary plats and final plats allows the city to work with appropriate other governmental agencies to issue um and temporary partial identification numbers um it cuts down the amount of time um for um review for City Review um requiring instead of um for example uh 120 days it's uh 30 days or 10 business days in some cases or or things like that um in depending on on the various projects that we have it could have a a big impact in in operations uh to be able to to meet that some of the bills that are out there are also um changes to the vation rental um there's a lot of different changes in there um but essentially it's preempting the city from changing out any more um uh restrictions or or changes to the code um we are grandfathered in um per se CU we do have something in the books PR prior to 2011 um so we're very limited on what we can change within our code uh before we give up those grandfathered Clauses um but that is something that for many years legislation's tried to move forward on and and hasn't been passing but it looks like it's got a lot more momentum this year um there are increases to sovereign immunity um almost doubling um well not necessarily um but raising the statutory limits of sovereign immunity for for cities um there are some good bills um there is a bill with cyber security looking to um if we have a cyber security plan um we would be exempt from any type of liability claims or anything um or lawsuits in connection to being hacked or something like that um so there are some good um bills to to that extent um as I mentioned there's over 60 Pages worth of bills that that that work done um that um we've provided um those summaries to you all um if you have any questions um please feel free to to ask or we can talk offline okay thanks any questions right now or good for now Perfect all right so um let's move on to public comment Madam clerk you want going to go the chne report no we got we're going to do um public comment and um and then we're going to do the consent agenda and then we'll go to that okay yeah I don't want to get too out of whack here okay so the mayor commissioners of the city of North b beach has opened a meeting for public comment at this time there is a 3-minute time limit for each speaker speaker when you call to the podium please state your name for um for the record the mayor and commissioners of the city of North P Beach recognizes the importance of Civility the city of North P Beach request that all in attendance to exercise civility towards each other and we have Karen Harold and then Irene pellinger hi good evening Karen Harold city of North Miami Beach I wanted to address the safety for the school zones um and my main concern is with 167 Street so if that is not covered then I really wouldn't need to say this but since I don't know if it's covered or not um and we're talking about speeding cameras now there's other areas of concern with safety in the school zone beside the speed and if you've been on 160 7th or down the side street sometimes I come out from Home Depot and I'm going north on 12th there's a car parked there on 12th right next to where the kids coming out in the street and I have to wait behind them which then person by me has to wait and then if a child wants to walk between you have issues okay you have children Crossing at locations that are not crosswalks at different times so the traffic that there's now I don't know of anybody thank God of being hurt but I'm saying where the there's other issues besides speed so it's the kids crossing indiscriminately so now you're a driver and you have to watch your speed and you have to watch for students and I don't know if you've tried to stay at 15 or below it's very hard sometimes you go up a mile or two and you have to pull back but in the meantime you're watching are the kids crossing in front of me you know is is a car going to pull over in front of me to go get their kid because they all of a sudden got let out on this side so there's a lot of stuff going on and I feel that the the school police officers um I found out today that they can give tickets and since they have the ability to do that for us to take that over the concern that I have is then they're not going to be so engaged on the street and doing other things now today I went by and actually did see one of the school officers with their lights by that road I was saying where the cars stop so today they weren't in the road but the police was there with his lights the the camera is after after the fact a police officer there from the school is the best deterrent right now because people see them they can take care of a speeder and get him off the road a camera is not going to get a speeder off the road you're going to have the same danger and then you have the resident who a lot of the residents are in this area if the camera is not doing the right thing let's say you're in the intersection and student's Crossing and you have to stop so then you get caught in an intersection but they don't camera doesn't know that a student just ran in front of you then you're going to have the resident have to pay for an attorney and have to go to court to try to say their side of it so I think there's other things that can be put in the school police officers already have this function and if they need to get out there more then that's what should happen thank you thank you Irene Pinger City resident I want to thank parks and wreck for cleaning up the all wars Memorial Park today it's a joy to once again have a gazebo for taichi classes a few mornings during the week and thanks to the library staff and police for an amazing Lunar New Year celebration so what is a private public partnership these are long-term agreements between the government and private partner whereby the private partner delivers and funds public service is using a capital asset sharing the associated risks the risk to the community is that the private partner could use the agreement as a means of consuming the resources in this case we are talking about the Arthur Snider tennis center and debach preserve let us tread lightly and understand what we're looking for is this an upgrade or a takeover will we the public win or or lose will the public have ample opportunity to have influence over any ideas brought forward or will the public once again lose a jewel like we've lost part of the amphitheater to a school that has totally outgrown the original space which has money and power behind it to influence our commissioners and city manager to sell them out it is a win for the residents to finally have weekly recycling back we are paying for it but it is a step in the right direction the final step would be to resurrect in-house sanitation so that in the long run the residents pay what it actually costs and outside vendors no longer profit from our misguided foray into privatization remember how we lost so much with the water plant but had the courage to Take Back Control of our resource and what about collecting outstanding payments and fines for water garbage and code violations I understand that collection efforts haven't been made for about the past 5 years what do we do now to rectify the situation imagine a city that pays Market wage and actually retains employees instead of training workers who then find better paying jobs elsewhere being fully staffed means that we have staff whose job it is to remind residents that their accounts are delinquent and arrange payment plans with them why do our employees keep leaving I hope the commission has time to get to the full agenda 15 seconds unfortunately commission workshops do don't work when they are not attended perhaps the best thing you can do for the weary residents who want to attend these meetings is to have two monthly meetings thank you thank you David zapen and Reverend Gibson David zapen founder of 30k for back pay um where to begin um I'm hope to give a lecture on white collar crime in the library I'll have to check that their calendar see if that happens since I'm not aware of a white color liaison with the police I hope I'm wrong but let's find out um this is one of the few times where we the public has access to the second floor so let's all take our uh smartphones and try to apply for the jobs because you try to start the application your phone but then you have to switch to a a larger screen device I it's you know the people here have been fabulous and trying to help but that has to create a backlog in recruiting and retaining employees uh the African-American concert was the the music event was fabulous but did anyone use a sound meter to check and maybe there needs to be a warning pretty sure it hit 100 DB during some of the drum well the drumming again great stuff culturally um just like at the Lunar New Year event it was great to see our County mayor Cava there though I was a little confused when the tie dancer said it was great to be in North Miami yeah because that mistake never happens and um I'm curious what's going to happen to the old Dita site where dialysis used to be across the street from North Mii Beach City Library uh because one more big beautiful storefront that you could use an owner a renter and is there a map of not just the construction going on in North M Beach proper but say in the surrounding 5 miles of to figure out the supply and the demand for housing and how many houses in North Miami Beach desperately need infill or are they being used as chips as described in the book uh home records where the where the equity is sucked out and just being used on Wall Street nothing relevant to Main Street thank you thank you I'm Kyle Gibson I want to commend this commission after the last election that we have here of the unity that has been presented to make the citizens proud of seeing our commission being able to proudly uplift and say that we're proud to come to our meetings and having meetings so that citizens that do come here off their busy days uh don't have their time wasted so I just want to publicly commend all of you um for the shift that has come and I pray that that continues to be the behavior that continues for this city so all of us can be proud of those elected officials that serve us thank you amen thank you Miss H good evening my name is Maria Haw I am a citizen of um this city and a resident of this city sorry a little sleepy here I would like to address commissioner Joseph flont and jein I understand that public comment is not for questions and answers so this will be a rhetorical question why are you not attending commission workshops you may have no attend this Workshop but it sure helps the for movement of our city as well as our commission meeting to flow better workshops benefit all of you because it gives you the platform to raise concerns that you can't do among yourselves in any other setting and it allows you to he to hear for your fellow com commissioners on items that are coming up on an agenda or items that may be productive for future legislations as a resident that you serve I want you to know that I am disheartened by your lack of care for this city last year you had to be older by the court to attend commission meetings now three of you once again and all together like a little talone fail to come to worships the city has been batter and bruised by many of you and your endless pursuit to conquer as is there's a word between different um political factions enough is enough start showing respect for your position and do the work you have been elected to do thank you Mr Mayor um and the audience I would be remiss if I did not remind this commission as well as members of the public that our Rules of Civility our rules of procedure um specify that personal attacks are inappropriate and that the comments of any member of the public um to um the uh to the city is to the body the commission as a whole and not necessarily to individual Commissioners yes everyone has a First Amendment right to say what they want within reason and you know so I would just ask members of the public that they remember that when they come forward that they um leave the personal tax outside there's a way to convey the message that I believe that each and every one of them is entitled to provide and and and to give without engaging in personal tax and naming individual Commissioners so we can follow our rules and get through our meetings quicker okay thank you no you have to ask the clerk on that I can't that so I don't think rebuttal work in public comment I'm so sorry okay former commissioner Barbara Kramer and then Leslie Sardinia good evening Barbara Kramer tonight I'd like to address item 17.3 which is a city attorney's report specifically discuss discussing the draft building permit fee credits in lie of reimbursement agreement pertaining to the development NMB place this discussion holds a particular significance for me one that may not be fully appreciated by all that's present allow me to elaborate on April 19 2022 during a commission meeting I voiced concerns regarding the treatment of the developer of NMB place at the time our former City attorney city manager and some of you on the deis were definitive to extract $500,000 from the developer in exchange for vacating an Alleyway despite the developers provision of an alternative access route nearby which would have enhanced the development's cohesion I distinctly recall questioning how the city could justify charging the developer for an easen on an Alleyway it did not own one of our commissioners who I'm deleting from here since I'm told I can't use you know free speech with maybe getting kicked out of here um appeared unwavering in his insistence on the $500,000 fee citing benefits to the property owner while seemingly disregarding potential benefits to the city through increased tax revenues I reluctantly conceded that if the developer was willing to pay then so be it I found the situation exasperating now nearly 2 years later we find ourselves refunding Mr greenwald's $500,000 because our demands were unjustified as we did not own the alleyway so who so who are we to make such an egregious stipulation fortunately the developer is willing to reclaim this amount of money in the form of credits toward building permits rather than us writing a big fat check to him to those involved in this matter I believe in a apology to Mr Greenfield Greenwald is warranted you delayed his hearings more than once you practically demanded a half a million dollars from him or maybe you wouldn't have approved his development if he didn't agree lastly for some odd reason he also had to hire a second lobbyist when he already had his own thank you okay thank you rle Sardinia first of all I want to thank you to the commissioner and the mayor regarding that sound that was coming across the lake I appreciate uh the mayor for for helping me with that I appreciate the police department for coming and seeing what that listening to the sound and I appreciate fpnl because they actually um did take care of that situation but I appreciate all the help from the city what brings me to concern is um this is on 163rd Street in biscan the electricity grid there with uh all those big highrises that are going up I drove back there and there's a horrible sound coming from that area and it was going across the lake and it was a 247 sound they've since gotten rid of it but when I drove back there the poles are back there with all these electrical you know like kind of kind of sound and the people were walking back there and they said yeah they hear that all the time so it brings me to the concern of what's going to happen when those Towers go up right here in the Easter um in the inter Coastal Mall how big is that grid going to get how tall are we going to have big giant Towers there like what's on 163rd in biscan are we gonna have that crackling noise that's going to be I don't know how the people in right here take it so I hope that's going to be a concern and nobody will have to to deal with that the other thing is the danger now still taking place when you're making a left turn on to 35th Avenue now people are staying in the right lane so there's nobody in the left lane so you're sitting there for several lights because there's nobody in the left lane and nobody's turning or you've got somebody sitting there waiting to get out of that lane to continue East that's um that's an issue and it seems to be getting worse there the other thing is um it's come to my attention that there was and I'm not going say but for some flyers to go out and mailers and things like that to go to some of the residents of North Miami Beach and not others with when Paulie valard were here we made it where you weren't supposed to put your face on any kind of flyer that was going out to the public because it gives false resentation so I know that we did that and that's well 15 seconds when valard was in office that was said that that's not supposed to be happening it makes everybody think that one person is making changes and that's not true thank you thank you may I make a comment about that I um Mr Sania Leslie it is my understanding that the city did not send that out well that makes it even worse right well I mean if an individual wants to send it out that's with the address from the city yeah did it have the address of the city all right then address all right please not sure how to you could do that at a later time okay okay Mr Louise Len Su and then Barbara Pearson how did you guys do the Powerpoints here here well then no no no I I'll come back when I I I do that bar yeah if you're here for an item we'll we'll bring the item up later yeah okay it's a new angle good evening commissioner mayor and uh executive staff here my name is linu I live in Reef Club North Miami Beach um thank you for allowing me to comment I'd like to first um acknowledge the library for hosting such a wonderful Lunar New Year event I hope that we can sustain that and continue to have it and bring in other community groups that can support this and partner up with them so that we could all work together that way that the uh City doesn't have to pay so much money but get to use our facilities to have these Community groups get to um demonstrate their culture so that thank you very much I would like to also thank the police department for keeping that event peaceful and making sure that we're all safe um the the let's see okay so I would like to see that our meetings our commission meetings get shorter I think a lot of people who have day jobs they don't have time to sit here till midnight to make comments if you could make it a bu month ly event or bonly meeting so that people could get to participate at the times that is appropriate for them also a lot of decisions that are made after 10 or 11 would also already have lost the attention of our residents and we really want to be transparent in our decisions and our discussions and make sure that every um City member every resident gets to comment on them as well as attend and listen in on your decision on what it is that was made made and why it was made uh finally I think um I'm seeing the tennis center being a public private which another Resident had already mentioned uh I have proposed this to several staff members and I will remind them because I'm I'm assuming you guys have a lot of work to do so there are grants available there are other cities that have had these courts being uh transformed resurfaced and also repurposed in some portions and that can also be a grant that that way that we the city remains and has its autonomy over any private entity that may come in and take over our property and with that I'm complete thank you thank you Miss Pearson hello everyone uh I'm going to talk about Washington PK 16th Avenue the traffic is terrible don't excuse me ma'am bring the microphone closer please the the traffic on 16th Avenue by the graveyard Miss Pearson yes can you please state your name respectfully for the record I apologize my name is Bara Pearson that's good address address she okay okay got live nor M Beach Washington Park that works thank you I come uh about the street that going down 16th Avenue the traffic is terrible I'll come out of there five times a week a day not five times a day but anytime I come out that often and I almost got hit by the cars going too fast so I don't know if they need to put speed bumps or they need to put whatever but once you P you pull out the SE and you look this way by the time you look back this way to come out there's the car so I almost got hit coup a server time so I need to know what could the city do about that street coming out all right thank you thank you any other speakers Mr Kazan good evening everyone my name is mabarak aan um you know I supported a lot of you running for office and you run on a platform of transparency and anti-corruption I think you would have jumped in the bandwagon for form six that you want people to see declare whatever you have if you work hard for it it it would be blessed you don't have to hide it I I am there's a lot of people that came here that couldn't even had a Lon to tie together and when they left wealthy people you want to know where they got that money from coincidentally because they were sitting up there or the many other municipalities we want to know your assets inside out some of you couldn't pay your mortgage you couldn't pay your rent and then after we go on Facebook and you see you traveling all over the place in other countries decare assets you have nothing to hide if you gained it if you gained it um legally I listened to the financial report tonight and they did not mention the over $6 million in delinquent Billings that we have I think that is a a huge mistake for it not to be mentioned it should be mentioned why it was left out of the report how could you approve such a thing I think you need to have an amendment to that financial report and and have it registered $6.5 million in delinquent bills for the water plant and the sanitation is not an easy thing $2.4 million coming from nnbb alone that was not mentioned what else was not mentioned that we were losing out on I the city is getting ridiculous if you guys don't want to wake up come out to the honeymoon mode and start doing your work that is what we elected you for that is that is why you know my my foot was hurting and and everything running around for all of you people except maybe for one but for six of you I work my tail off I expect better from all of you thank you very much for having me thank you Mr Mayor yes I do not have any other signed speakers okay all right thank you so that'll conclude public comment and um on to announcements on the city manager um thank you uh mayor vice mayor and commission um we do have um some events that are coming up we're going to be looking at how we make those announcements um at Future meetings um um but for right now uh we have the heart health walk on Sunday February 25th at the senator Gwen Margolis Amphitheater from 9:00 a.m. to 12:00 p.m. uh we also have um prior to the next Commission meeting uh we have the bike 305 on March 10th 2024 um in front of City Hall between 1: and 4:00 p.m. between 9 we moved it this year to 9 I apologize well confirm on the website before you go yep it used to be to one4 yeah um and and we'll make sure that um that you all receive calendar invites um for for all of the events the library also has um throughout the month is celebrating uh Black History Month on Friday February 23rd um they have an art music um and design Exposition from 600 p.m. p.m. to 700 p.m. um and in March they'll be celebrating women's uh month where they'll have uh women's history Art Exhibit and presentation um in March um we also start the um Dr Seuss's birthday in read Across America um at the library um we'll also um hopefully be finalizing uh an extra uh special event once we finalize those details will will announce to to the public um um our kids and and some um sports fans for local teams might want to keep an ear out once those are finalized um thanks to to uh commissioner Jean who's who's helping us with that um as well as doing a um with the youth Advisory Board um we um and and commissioner Jean we are putting together a youth College Tour um Series in the month of March and April um to take our teens um within our programs and throughout the city to various local um colleges and universities um as well um as more details of these events and other events um throughout the year become finalized we'll make sure to update the website and update you all um on those events as well good thank you thank you all right so um next the city commission reports and Madam clerk commissioner sherov good evening everybody as the manager said bike 305 March 10th from 9:00 a.m. to 1 p.m. it was moved this year because there were too many people getting overheated um because they would ride at 2:00 or 2:30 in the afternoon by the time they were riding and it's a lot cooler in the morning so that was the reason not to offend anybody else for any other reason it was moved to 9 to1 congratulations on all of us for putting on bike 305 we're getting an award on March 8th from Miami Dade County as being the best of presenting the 305 logo bike theme thing so this city did it congratulations this is our 10th year and it's continuing to be a great event the library what a great event the Chinese New Year was and the uh you keep you know putting on magnificent events this one was well well attended uh the dragons were unbelievable um if you saw those dragons go around the audience and open their mouths and you know just had a great time it was a fun event all right have a wonderful evening everybody good night night commissioner floron uh thank you so much Madam clerk um I I know the manager is not here but um our our uh de okay there he is so I wanted to ask cuz I um we've had this CIP conversation going on for some time uh with the CIP policy that you wanted to implement um last year during the budget cycle and um I thought it was going to be on this agenda I don't know if I'm missing it but I don't see it on there what what item is it maybe it's not on the paper copy I have item 11.6 resolution 20231 Z8 to approve the CP CIP reappropriation so maybe I was missing it on my paper copy um all right well I'm glad to see that that it's there and um so that we can get the ball rolling because I know there's a lot of projects that are depending on on that item being uh being approved um and um aside from that looking forward to uh I don't want to say speeding meeting it's already :24 and we're just getting to comments from the commission so looking forward to wrapping up at midnight thank you commissioner J thank you good evening everyone I'm going to take a shot at this gong he F Choy I learned it at the Lunar New Year event so happy New Year um great H um great Black History Month programmed by the Multicultural committee for those of you who that attended and um for all of you who are learning about black history all month long is 365 I did want to say a special thank you to our manager Office for hosting John F Kennedy and also Horseman Middle School we had about 40 um middle schoolers who came and took a tour of the city in the various departments so thank you to all who made it possible and I also know that it was a pack meeting in ulita my hope for the PD is when we have these pack meetings that they're a little bit more advertised so that the residents can actually come out and get the information I understand that the next pack meeting will be held in the Washington Park area as we've been speaking about the different traffic issues not only in that area but also near the D Rose Park um and also with the outstanding service customer service water bills issue I don't know if Mr manager if you can speak to that from my understanding there has been a positive um collection of some of the outstanding fees there so if you can kind of give us more insight into that and thank you so much Madam clerk I know I I didn't use all my time I I just forgot to say one thing if I if you don't mind thank you Mr Mayor I wanted to congratulate parks and wreck um because we've been waiting for the um the I don't know if it's resurfacing of the uh mishon Park uh baseball diamond and football field and if you drive by there now that project is almost complete so um I I see Andy in the back and uh the team everyone really all of the staff I know that the n&b little league as well as the Sun Devils everyone's excited about that project so congratulations we can't wait to cut the the ribbon on that project thank you so much commissioner Joseph thank you madam clerk um I'll be quick uh just want to uh couple of night say a week ago maybe a week and a half ago there was a major um bust Dunbar police department off at 15th Avenue it's not too far from where I live they um bust a a crime ring where they were stealing trolleys and um these like Mo like uh motorized scooters and I want to give I want to commend our Police Department for really um stepping up and and really uh trying to stop crime and the rise of it in our community so and it affected me because as I was going home I saw I saw this bus happening in real time and I appreciate all the great work that they do um um everyone please stay safe and uh hope for a great and Speedy meeting thank you commissioner Smith thank you very much I want to remind everybody that um the senior luncheon is Friday please call to register 11:00 and it is a big crowd and it's a wonderful educational lunch in as well um Mr manager I've had a lot of questions about the senior center is there going to be movement on that so if we get a chance I'd like to discuss that so I could relate that Friday to the senior group um I want to make a quick uh report that I did go to Orlando I actually took the train it was amazing you start out at $79 I think one way and 99 the other and it was an amazing day what did the seminar the number one thing without going into a lot of detail which I'm happy to just share with anybody that calls me but one of the main things was how do you recruit and maintain employees in your city and the answer was very evident to me by many uh you have a city that you work together that you communicate with your residents and that people want to work in your city so I think that's a goal we should all work on making it better every single day here I also um apologize for not being as as the librarian knows I was out of town for the lunar had to go out of town just for the day but over a thousand people were there over 1100 that's the kind of Success North Miami Beach should have with every event we put on I do thank the librarian I thank the friends of the library I thank Winnie all the people that made that a great success and I'm excited to finally get to see the pictures um I also have to say before anything else happy birthday to my dear friend Herbert dubet um you know a milestone and he's a friend of North Ry Beach uh and he's in very good company because my son had his 50th birthday last week and my granddaughter had her 15th so happy birthday to them as well and I would I would like to tell you that um the financial report that we saw even though it was getting some hot tea cuz I was so cold that that's a guideline because it catches up some things look like they're skew on the first quarter and then it'll catch up on the second quarter it's it's really just to give you an idea of what's going on and then hopefully at the end of the year it it's not a skew it's perfect so keep that in mind when you look at that financial report because that's something and I just also would like to mention to the police department um Chief there were three speakers that spoke on the traffic issues and three different communities so um through the manager if I could to ask you to follow up on that one was Eastern Shores one was Washington Park and one was the school district in on 10th Avenue and so for me that's a very important factor in our city as we saw tonight how traffic is going to increase increase so everybody wants us to finish early and um I want to tell everybody just stay safe be well and try your best every day to be a happy person thank you vice mayor smugler well I want to start by thank you thanking Parkson wreck for making the Multicultural committee's Black History Month event happen and so successful and so wonderful and to the library for such a wonderful celebration of the Chinese New Year um today we wear red to recognize heart health and this Sunday we are having our heart health walk our 10th Annual heart health walk registration is at 8 and the event is from 9: to 1: on Tuesday next week Tuesday um Scott Dudley from the Florida League of cities is going to be a speaker at the library for the friends of the library I encourage all of you to attend he is such an amazing speaker and so full of wealth and information and he's going to be retiring soon so we need to take advantage of him at March 8th um it's a Friday at 6:30 the library and the board and the commission status of woman is going to be uh celebrating women's month and um I want to not only wish um Hubert dub a happy birthday a 65 birthday um but I also want to wish our friend Kazan a happy birthday and our friend terisha Harris a happy birthday and um Danny auno also a happy birthday I think it's today but most importantly and and I've only done this once before and this is my second time that I've ever been able to do it and and I hope I can do it so many more times um wishing someone uh it already passed and I did speak to her but I was able to wish Adele uh Happy 100th birthday it's not too many times that you can do that and some of us here do know who you know Adele some of us here know you know a we'll be honoring her that's why I mention her name we're going to honor her next month all right so um so second time in my life that I've been able to wish someone a happy birthday in person on the phone well on the phone not in person um you know the manager mentioned the Florida League of cities you know they they really are an amazing organization and um I am I'm grateful to them for really sticking up for us um we you know Tallahasse is just they've gone Rogue and Florida League of cities is is really the one of the the ones that is really standing behind the cities and um they actually did offer the leadership class that um commissioner Smith went to and I went to as well and I um brought back a lot of information about recruiting volunteers and I was I must have emailed the manager like three emails during that class of everything that that I was learning and um I was also able to go to Tallahassee and I and I met with the chair of Appropriations and that was really interesting and I just want to thank the PD rnmb Police Department for taking care of our residents our families our visitors our our neighbors our commission our our city our staff and uh peace to Israel and bring the hostages home thank you mayor Evan Piper okay thank you well good evening everybody I just wanted to uh share a little bit about the uh about my last month some things that I thought might be relevant um after I had left our commission meeting um last month the very next day I was on a plane to Washington DC to the US mayor's conference and uh was uh amazing how many you don't really think about how many mayors there are in the country but there's a lot but uh anyway um it was uh it was it was really nice to get to meet a lot of Mayors from from different um States and um different cities and get to um hear some of the some of the things that they're looking at and things that they're working with we also had an opportunity to go to the White House and um be in a briefing with President Biden um and most importantly what came out of that was the president had thanked all the Mayors because we're sort of the people people that are on the ground that when um at the high levels of office the federal level what have you when there's monies that are given we're the ones that are really making it happen at the ground level so they he really recognized us for that and it was very neat to be in the white house so that was uh that was my my start of it um then we uh then afterwards we had the black history event at the Litman theater um very nice event and it also kind of goes along with my um feeling for all of us to have Unity um I believe we're getting Unity moving on the commission here and I think that it's also starting to trickle down into our staff and into our residents and I'm excited about that um also I've never been to so many um Chinese or Lunar New Year events in my life as I have this year and um they were all they were all really nice um it's the year of the dragon and I learned that I was uh that I'm a dragon because of the year that I was born so um and again another great opportunity for us to learn about other cultures and and really continue our Unity theme so that was uh also very nice I also had an opportunity to be at an event with the Florida League of Mayors where there was more local Mayors from South Florida and we really a lot of us have similar challenges that we're looking at in our cities so a great opportunity to network and meet people and and share some of those challenges and um also another thing kind of shifting a little bit um the North May Beach Chamber of Commerce had a grand opening for a new business that opened up in one of our shopping centers on bisc Boulevard by Publix and it's always great several Commissioners were out there and it was it's really always nice to see new businesses coming to our city and opening up and and doing great things so we all got to um share some really nice assay eyeballs and smoothies and what have you and um really really nice place there um other than that um I wanted to uh ditto the happy birthdays from vice mayor smuckler who did such a great birthday recognition project so um I'll I'll that and uh and other than that U thank you want to mention the name of what pbls I said it was by the public on BC Boulevard everyone knows what that is it's called pliable pliables yes Mr Mar if I have a a quick second I wanted to also acknowledge someone is sitting next to Mr dubet um a great educator in our community ared Wallace um so good to see you here tonight thank you all right so now we'll move on to the consent agenda um so I'd like to request a motion in a second to introduce okay so we've got commissioner chernoff and commissioner Joseph on the second and um the attorney please read the titles uh first item is uh item 9.1 regular commission meeting minutes of January 16th 2024 uh 9.2 is resolution number r224 23 entitled a resolution of the mayor and City Commission of the city North Miami Beach Florida approving and authorizing a change order to the pigb contract with Harrington industrial plastics for the purchase of assah OEM repair and replacement parts increasing the estimated budget amount by $100,000 authorizing city manager doesn't need to do all things necessary to effectuate this resolution providing for conflicts providing for scribers errors providing for severability and providing for an effective date item 9.3 resolution number r202 24-24 entitled a resolution of the mayor and City Commission of the city north M Beach Florida approving and authorizing a change order to the previously approved piggyback contract with Shaw Industries Inc for the purchase of flooring material and related supplies and services and increasing the estimated budget amount by $350,000 an authorizing city manager doesn't need 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 item 9.4 resolution number r202 24-25 entitled the resolution of the mayor and City Commission of the city of North Miami Beach Florida approving and authorizing a change order to the previously approved piggyback contract with thyson crup ele elevator Corporation for the purchase of elevator equipment service repair and related services for All City facilities and increasing the estimated budget amount by $200,000 and 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 item 9.5 resolution number r202 4-26 entitled a resolution of the mayor and City Commission of the city of North Miami Beach Florida proving and authorizing a change order to the piggyback contract with World Electric Supply Company Limited for the purchase of lighting electrical supplies increasing the estimated budget amount by $130,000 authorizing a city manager design do all things necessary to effectuate this resolution providing for conflicts providing for scrib errors providing for severability and providing for effective date item 9.6 resolution number R22 24-27 entitled 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 systemwide water main replacement at Pine Tree North Miami Gardens in an estimated amount of $492,500 under the continuing Services agreement with wsp USA Inc 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 budget appropriation availability of funds and providing for an effective date I item 9.7 resolution number r202 24-28 entitled a resolution the mayor and City Commissioner of the city of North Miami Beach Florida approving and authorizing a change order of the previously approved piggyback contract with xylm water solutions Inc for the purchase of flight pumps parts and repairs and increasing the estimated budget amount by $357,000 and authorizing the city manager doesn't need to do all things necessary to effectuate this resolution providing for conflicts providing for scrib errors providing for severability and and providing for an effective date item 9.8 resolution number r224 d29 a resolution of the mayor and City Commission of the city North May Beach Florida approving a Peggy back contract between the city and AAA Automotive Door Repair Inc for the purchase of door related repair replacement and preventative maintenance services in an estimated annual budget amount of $110,000 authorizing city manager do need to do all things necessary to effectuate this resolution providing for conflicts providing for scri errors providing for sever and providing for an effective date item 9.9 resolution number r224 D30 entitled the resolution of the mayor and City Commission of the city of North Miami Beach Florida approving a piggyback contract between the city and environmental products group for the purchase and delivery of a VOR truck in an estimated budget amount of $148,000 authorizing the city manager or does he need to do all things necessary to effectuate this resolution providing for conflicts providing for scrimage errors providing for severability and providing for an effective of date item 9.10 uh resolution number r202 24-31 entitled a resolution of the mayor and City Commission of the city North May Beach Florida supporting the initiative of the state attorney for the 11th judicial circuit Katherine Fernandez Rundle to bring pay equity for prosecutors and staff working for her office and providing for an effective date okay thank you for that um so I'd like to request a motion and a second to approve the consent agenda so move second Okay so we've got commissioner chernoff and vice mayor smuckler um all right and we have the motion now all in favor say I I I any opposed okay passes unanimously okay thank you Mr Mayor yes move to introduce resolution number r224 d32 okay hang on a second I think we're going to we're changing the um order a little bit we're going to move now to the manager's report we you mean the attorneys well manager then the attorney all right undo resolution number R 2024 was second rewind all good mayor vice mayor Commissioners thank you um apart from what's already included just a couple tidbits that I wanted to to include uh one um we are um currently have begun the U two separate audits uh within the city our annual um independent audit is ongoing with Finance as well as the state uh mandated audit um those are continuing uh we recently had the state um one of the state Auditors um visit the the city um and we are working um with him um on any requested documentation he met with staff um and it was a as pleasant meeting as we could have um also um with regards to the one of the benefits of going um for having staff including myself go to various um conferences um we we tend to get exposed to many different ideas that we can bring back home I provided the commission with a quick memo on the conference that I attended in January um part of that um some great ideas that we're going to be exploring with regards to public art um we tend to think of public art as as strictly either a mural or a sculpture um but Messa for example um had a area where they involved music with sensors in sidewalks and so forth um and and it was a great adaptation of being able to bring um overall art into the city um and it was wonderful to see uh we also talked about Workforce Development um cultivating ethical leadership as well as giving a very extensive tour of their um their Library uh functions and and how they've expanded into more of a modern Library as opposed to Just Books um which is great to see that we are kind of on the same path I was able to talk to various um cities throughout the country with regards to the cities um identifying ways that AI technology is beginning to be used in various different departments but I think one of the most um important important aspects of my attendance was that the local government Hispanic Network and the government Finance Officers Association um have awarded me with a full scholarship to participate in getting the Certified Public Finance officers um certification um and their program it's a two-year course um and that is something that um I will be have already started the the course um and we'll be getting and it's completely um at zero cost to to the city um both associations are paying for that certification nice um last um but definitely not least one thing I did want to highlight is a the amazing work all of our staff um does um over the course of the month but right now what I'd like to do is kind of highlight um something that both uh finance and it has really been working together um and they've been able to bring a financial transparency uh portal to our website uh we're going to have an icon or a link on the homepage um but there's a short video um um I believe it's um AI created um so we we kind of are are taking a little bit of that initiative as well but if I can have it play the uh the video the city of North Miami Beach is proud to announce the launch of our financial transparency portal the portal provides Revenue expenditure checkbook and payroll information to users Tyler's financing sites provides the onstop shop landing page for all our financial data this portal provides single homage experience to not only provide an easy search across all our financial data but also present a unified overview of how our organization is performing from both the budgeting and spending perspective you can access our open finance website at North Miami binance.com n joins the long list of cities providing their citizens and others transparent access to financial and payroll information um I always crack up when I see that but it's amazing what AI can can kind of do and and how begin to use it this reminds me of Max Headroom from 1980s that thing freaks me out like that you seen Max that 1980s um show I was like wow that that was trippy but that that was that absolutely was but on that portal um and again we'll have a link on on the homepage as as a independent icon there so it's easy to access but there you'll be able to see the breakdown of Revenue the adopted budget the expenditures um overall payroll um as well as um vendor payments uh throughout the fisical year and as more and more data information is done we then have year-over-year comparisons so no longer is it just waiting for a quarterly report or an annual report at any time or even asking staff or the clerk to provide public records now it's on the website where anybody at any time can just go ahead and and access that information um so it's it's a great uh service to have and I'm very proud of our our team for putting this together uh there are some areas that you know as as we go through it and and people and more and more people start using it we might find identify um different reports or or different um details that we'll have to kind of make sure that the back office cuz this pulls information um the last update was on February Ary 18th right so it pulls information not in real time but pretty close to it um and what it ends up doing um is being able to to see so it's pulling it directly from our our software our finance software uh so from time to time we we might have to make some adjustments but I think it's an excellent tool and an open transparency for um how we use funds throughout the city with that that's my report okay thank you um all right and then the city attorney's report thank you Mr Mayor members of the city commission uh I have three items uh the uh two of them which are proposed resolutions and so if um item on the agenda that's been moved that's but on the agenda it's listed as 17.1 if we could have a motion to second okay um the resolution number r224 d42 entitled a resolution of the mayor and City Commission of the city of North Mii Beach Florida approving a First Amendment to the easan agreement between the city and the Jewish War veteran post 682 to substitute the third day Church Inc a Florida not for-profit Corporation as the grantee and beneficiary of the grant of easement authorizing city manager or design need to do all things necessary to effectuate this resolution providing for conflicts providing for discri errors providing for severability and providing for an effective date uh Mr Mayor members of the commission is indicated in the whereas Clauses in 2001 the city entered into an easement agreement with the Jewish War veterans post 682 uh that entity no longer exists the easement was to it and only to it and provides that in the event that the Jewish u u veterans post no longer were to own the property in question the easement would lapse and and the and U U come back to the city um the property has been acquired by Third Day Church Inc and not for profit uh entity and they have asked to have the same rights and responsibilities as previously granted to the um um um Jewish War veterans post 682 and that's the resolution and the item attached to the resolution that's before you this evening it does nothing more than recognize the current ownership of the property in question uh as in the name of Third Day Church Inc and grants to third day uh Church Inc the same uh the same rights and responsibilities that were previously given to the Jewish uh War veterans post 682 and Mr Michael Snider is here to answer any questions on behalf of the um uh the church if you have any um staff is obviously recommending approval of this item okay um Mr Mayor move to adopt just like that yeah I just have a a quick question yes ma'am okay so if they were to sell it does the new owner get they have to we would go through this process again all right yes ma'am all right okay so I guess um we have a motion second and we have a second okay we have um motion got them both okay great all right and then we need any public comment just in because that's our normal procedure okay all right so um I thought I seconded it but okay okay oh well Madam clerk you want to uh public comment well no actually have him to do his presentation before well you guys want to hear the public all right do a quick presentation should be no no go to the other side try to the other one see if it's working better Mr Mayor and fellow uh Commissioners uh pleasure to be here on behalf of of uh the third day Church my name is Michael Snider I'm an attorney at 3325 Hollywood Boulevard sweet 501 and I have with me tonight Pastor uh Ariel Vasquez of the third day Church you may know uh our pastor because he does do invocations occasionally in front of the commission here and I passed out a sheet of all their uh Civic involvement uh in the community uh this came about in May of 2000 when the city passed a city derel vehicle uh ordinance because of deric vehicles parked around the city and there's a report from Commander Allan Graham uh that's in front of you uh that outlines exactly the background uh as what the uh City attorney conveyed to you now that the ownership is in the name of Third Day Church we're asking the easement uh be assigned to them and the city is protected because it's a clause in there that says if the city ever wants to take back the property they can do so upon 30 days written notice in the interim uh the third day Church cannot construct any uh construct any structures on the property and they have to maintain uh the area uh if you have any additional questions I'd be happy to answer them okay thank you I just want to make a comment sure I I just want to say that I went past the property today and wondering why the easement was so large actually on that block next to it they have uh paved driveway to park their cars so when you read what you just delivered us that was the problem the problem was instead of them parking cars they parked der and what the people what their they haven't said yet is um when the Jewish PE whatever that Jewish War Vettes War Vettes owned it they fenced it and made that easan part of their yard and it still sits like that today it's actually clean and very nice thank you okay all right so um public comment anyone wishes to speak on this item please come forward Mr Mayor seeing none no one came forward all right so we um we have our um our second and we just need a yeah no roll call right no not a roll call it's a Voice vote all right all in favor say I I any opposed passes unanimously thank you thank you thank you welcome and I'm also Year of the Dragon and I didn't make commissioner Buck's list okay oh when was your birthday in 10 days oh happy early birthday oh my God and happy birthday to Trish and happy birthday to cassan and happy birthday to you I will not be able to go home if I don't say that Mr Mayor now huh introduce resolution no no they they you don't want the attorney to talk do you I just want to go he's still going he's got more to do uh Mr Mayor members of the commission the next item uh on your agenda that's been moved up was originally listed as 17.2 it's a request to schedule a shade meeting uh pursuant to section 286 011 floor statutes request is made to schedule an attorney client session to meet with legal counsel to discuss settlement negotiations strategy related to litigation expenditures in the matter of the city of Miami Gardens versus City North Miami Beach case number 2 2018 42450 ca1 and the Circuit Court 11 judicial circuit in for Miami D County this is the um ongoing litigation regarding the um um 2 approve Mr Mayor but I question first yes sir why do we need a motion or anything for this uh because state law says we have to do it this way I thought the attorney just calls it and we're all respond no no sir the state statute says I have to ask for it formally at a meeting to then schedule it which the clerk and I and the manager will then coordinate with each one of you to arrange for the appropriate date um so we have a quorum and we can have the shade meeting okay move to approve second okay okay um I guess at this point all in favor say I I any opposed passes unanimously mayor vice mayor if I may um if it's okay with the commission I'd also like to use that time and and as we schedule the shade meeting uh we also need to have the um presentation for the RFP of City attorney um that will be about a three to four hour meeting um so if we can maybe just coordinate on that same day and we can knock both of them out I would appreciate it okay so you saying three to four hours for both both items no for just the the RFP meeting okay all right so um well I guess the the shade meeting hopefully won't be on the other part won't be as long so you're suggesting that we one day so it could be a a five to six hour meeting Mr Mayor I I just um and I don't have any objection to to the manager's request I just want to um tell you that um the last shade meeting that we had on this particular matter went for approximately an hour and a half to close to two hours so uh there's a lot to talk about there's a lot to digest and a lot to get feedback from the city commission so um you know I would uh anticipate that that shade meeting is we're going to need we should block out at least two hours in an abundance of caution um and we'll obviously work with the manager to coordinate uh both of those uh those meetings okay all right I'm sorry I'm sorry I just want to make sure that all my Commissioners agree to doing this doing what to having both meetings in one day well I mean I just want to make sure that that you're talking about really we didn't all get to meet because there was a shade meeting before we we've had one shade meeting uh I don't know maybe three months ago four months ago and that meeting as I recall took about an hour and a half close to two hours yeah there was a lot of discussion there a lot of discussion um we have a uh a lot to catch up and to digest and get feedback from the city commission uh as we work towards um uh solutions to this uh ongoing litigation okay so so from a staff perspective are you suggesting that it's one that we make one meeting for both or that we the shade meeting has to be separate it has to be noticed separate it has to be conducted separately no no no I understand but there's two items that are going to be mean you're saying the same day do you want to have both correct do we do we want to have both items on the same day or do we want to have two SE same day we're good with that I it's not it's not for me to to agree I have to make myself available for asking what I'm trying to do is make sure that all the my fellow Commissioners are all in agreement that we can do both items both the shade meeting and the attorney meeting in one day we will try what what's the attorney meeting entailing we're not seeing attorneys that we are yes ma'am we have three respondents to the RFP would be giving a presentation and then um they would have a question and answer session from you all so so the thing is is that we would I would think that it would make most sense for to do the attorney part of it first I would just so that they're not just because what if we have everybody waiting we don't know if that meeting's going take one hour or three hours we don't we have to schedule it for a certain amount of time the shade meeting no we will we we we have to we cannot start earlier than what's advertised how long we go is up to you all and whatever input we have from outside Council from the manager and from myself during that shade meeting I am just reminding you all that the last time we had a a shade meeting in this litigation uh it went for approximately two hours so you know that's the budget the time that I would request that you all consider and budget for yourselves uh based upon past history right so we can we can schedule it for example the shade meeting from 4 and then the attorney meeting at 7 I that's up to you so we're all very clear on this I have no um say and it's not it would actually be an inappropriate for me to to to involve myself in the scheduling I will make myself available since my firm and myself are one of the respondents but beyond that I I I would not have any input on that we would give priority to the shade and if it doesn't work for everybody else then we'll try to work on a different date um I just thought consolidating the date might just make it easier for you all right so so the the that's what I while while we're all here and we can all freely talk um that's why I wanted to kind of just you know discuss it so that you know we it's not an opportunity we always have obviously so the the question would be is it is it better to do the attorney meeting first since going to be pres okay and the attorney meeting is not a shade meeting no no okay okay 4:00 is a good idea and then uh start the attorneys at 7 7:30 and there's three of them I would do it like that all right so how does that work with the commissioners is that plan no seven so let's say four o'clock for a shade meeting four to seven for the shade and then seven whenever for the no more than 12 but right for for the attorney meeting 7 to 11 we'll work on on dates and correlate um um everybody's availability um so that we can have it I just wanted to make sure that you all were okay with trying to consolidate both meetings into one date yeah okay everybody's good with that yeah it's better to do one day than have two days all right perfect all right so we don't need to do a vote or anything we just needed feedback I've already received the direction I needed okay all right so and the last item which is um uh 17.3 on the agenda that you've moved up is um a resolution number r224 d43 if the motion to introduce that item can be made I'll then so mov okay um so a second uh second okay um resolution number r224 d43 entitled the resolution of the mayor and City Commission of the city of North mine Beach Florida approving an agreement between the city and NMB Place owner LLC granting building permit credits in the amount of $500,000 Lee of reimbursement of funds authorizing the city manager design need to do all things necessary to effectuate this resolution providing for conflicts providing for scrary errors providing for severability and providing for an effective date make the motion okay all right do just just check with the clerk real quick do we need any public comment do we anything else I would suggest that you at at least open the the floor to potential comment because that is your past practice on resolutions okay mam clerk good evening mayor and commission um I'm just here on behalf of the developer my name is Norman Powell law offic is at 1666 John of Kennedy Causeway Suite 4 20 if there's any questions I'm here to answer them um concerning this item thank you thank you I to see you Mr pal any other public comment all right no one's come forward for public comment okay so um we've got the motion we've got the second so all in favor say I discuss if there's any discussion do we have any discussion yeah okay well um Mr attorney I know we had a conversation about this item um I just want to make sure number one um this item was discussed in a quasi quasi judicial uh platform um so must it be discussed in the Quasi judicial that's number one no sir this is a legislative item this is within your policy legislative setting session Authority it is not a quad judicial item the uh project was quas isal um and so um all we're doing is you're assuming there's an affirmative vote um or whatever the vote may may be to either approve or deny the uh actual agreement that's attached to the resolution is not a qual item okay number two um of course obviously you know your predecessor um affirmed to to to whatever the degree was during those conversations that this was perfectly fine I don't recall at that time that there was any objection per se from the developer um so I'd like to know from yourself and also Community Development is here as it relates to fee waivers because that's what we're doing in essence I I don't think we're necessarily saying if you can correct me that we were incorrect or because this item seems to seems to be specific to the fee waiver it's not a fee waiver it's it's instead of um re uring the the $500,000 we're going to give them a credit give them a credit against building permit fees which actually based upon conversations with the city manager and with Community Development we anticipate we're actually going to exceed the $500,000 so money will be coming into the city above and beyond that $500,000 for the the building permits that are going to have to be obtained for this project right so the the tech the technicality of it I I I I'm I'm hearing you I'm just seeing what's in front of me it's technically waving or you know um you know uh removing fees and there's a process for that right so I just wanted to make sure if our building um I'm sorry if our community development director can just speak to that because obviously you know moving Fe your predecessor said one thing you're saying something else and you know it's our responsibility to interpret that and make a decision so the the the fees are still there we're just giving them a credit that they don't have to pay it either we give them a check for $500,000 I understand what I'm reading I'm there's no there's no confusion there but I mean the terminology is one thing but I just want to make sure that our process whatever that process is that our uh Community Development could speak to uh to that process um Community Development does uh does agree with this action um uh um in terms of where the money uh is is coming from because the ass did not have an appropriate basis after the fact um the applicant attorney can come back and uh indicate that they felt that it was made under duress and so while uh uh flont is correct after review the video it did not seem at the time that there was an objection it was an objectionable asked and attorney had reached out and scheduled a meeting with the city manager the City attorney and myself and Cassy community development director um it is on the advice of Community Development and the city attorney's office that uh um um I know I'm speaking for Mr the City attorney there I apologize John uh but uh it is on the recommendation of Staff here that you move forward uh in this manner the most expeditious way to resolve this [Music] issue so you're saying that the process that we have in place as a city to accomplish this because I've never seen this before is what we're following is that what you're saying it is appropriate in the circumstance sir okay thank you okay any other comment from commission Mr Joseph no I I just I mean I know we're giving a credit but that money they would have used being used some else right we're we're we're basically giving instead of writing him a check we're giving him the money back and that's that's what he's getting back I mean like we can call it a credit or whatever what you want but we're giving the money back in instead of instead of collecting cash for building permits we're giving them we're giving them the money back to use for building permits that's you know that's the full transparency exactly what what we're doing so and initially that money was for I don't know because I was I was on a bought no no but I I I I don't believe that the money as I as I understand it was the dedicated to be used in any particular way I think it was actually um deposited into the general fund um and so um we're just saying that we are going to again credit um the building permit fees uh which stays within the building permit you know within the building department it's it's a uh under Florida law uh Building Department deps to run like essentially an Enterprise fund like our utilities they pay they're supposed to pay for themselves Etc and so that's why we have the fees set a certain amount but as I indicated before we do believe that there will be monies coming into the city um uh at the end of this project even after crediting the half a million dollars through the building permit system the the the um the the amount of building permits and the fees that they're going to have to eventually pay will exceed and generate uh Revenue to the city gen it will exceed the half a million dollar credit at what point after the half million but but no but like when when oh I I I I would does he have a did he give a development date when he's going to uh shov to the ground I I'm not familiar enough with the project I would have to defer and I don't know if whether or not they made that representation to uh staff during those meetings um as to when they're going to start the project uh Mr greenw world is in the process of working with the Community Development Department on some necessary changes due to the changes in the building code uh uh that would have been effect uh as of December of this past year um they we are working through the process with Mr Greenwald uh administratively as is provided within the code so that uh we can we can help move the project along uh to the actual date we expect that to be uh later in this year but it really depends on the uh the process that we've laid out uh and and and how we're working with Mr Greenwall but uh we are working as expositionally as possible and staff stand point on that in that regard that's the best information staff is able to provide at this time I I don't I don't want to put anyone on the spot but uh I think the person who may have better knowledge to this is Mr Powell I you know so again I don't want to put them on the spot thank you for that Mr Green has not the developer has not given a definitive date as the c um director just stated that's being in the process of discuss right now based upon the new code changes thank you Qui question through the mayor um I just want to make sure that because we had other projects that um we followed a similar uh request pattern for and I just want to know were there any differences um between those particular projects and this um as far as the Alleyways are concerned and if so um did you have a response Oh I thought I thought you were waving I'm sorry I thought you were asking I mean I think the City attorney is more more appropriate to answer that right because there was a conversation about the alleyway and that particular Alleyway is it different from say Nova or is it different from other uh projects that we've had to vacate Alleyways for okay so I can't speak to every specific project what I do know is that um this particular project um there was a request to um for payment for the vacating um as explained in the resolution as well as in the agreement itself um you know uh our Research indicates that that's was inappropriate I can't speak to the other ones we can look into that um and each project is different and each uh Road vacation um may have been different uh I know that there's um there was actually the one that's the ones that's right back over here that's the um uh the community the uh Retirement Facility or not the retirement um Citadel yeah the Citadel uh where the city had already vacated the ride of way so they could use the entire block for the project um and that was part of the um once the site once the road had been vacated they then came in with their um um site plan approval that you all saw I think it was last month uh for approval um and I don't recall that there was any conditions imposed any Financial conditions imposed on the vacating of that particular right away we could look at you know each particular uh project to see what the circumstances were um but I I would caution at least moving forward that um you know the Florida courts and the Attorney General have said you know you need to be very careful because the city does not have ownership of the underlying RightWay to require payment for the vacating of that property so uh thank you Mr Mayor the project where the where the um facility is for the retirement or were across the street yeah that was no money to the city that was divided in half the land on the South Side got half the land on the North side got half and the property owner on the North side ended up buying the South Side so therefore he owns that whole thing and the only one the one which reminds me I didn't get to ask the men from the from the roadway was um over by the expressway we have that little bit of um Industrial Area a couple blocks over there and there was a there was a small Road in between that the man had maintained for 10 years and he I believe he did buy it but that's the only other one I can remember but it' be interesting if Mr manager now had just thought about it please check and see how we're that industrial area is going to be disrupted when they disrupted when they do the roadway thank you okay so you're clear you're clear you understand everything's good we're done with our comment yeah go okay yeah we sold them Pro something we didn't own right now they won the credit back it was simple okay all right so I guess we're we're going to do the vote all in favor say I I I I any opposed okay passes unanimously thank you and and I just want to say to Mr Powell that his sister Dr Michelle Powell is being honored on March 8th at the library as uh the north Mami Beach commissioner status Woman of the Year thank you and I my calendar huh sister the doctor yes thank you thank you you guys have a great rest of your night thank you thank you by the way I want to thank you Mr Hearn that ends the city attorney's report okay move to introduce resolution number r224 d321 16950 Northeast 17th Avenue pool hold on I hold no no you're really anxious about this no no no I I commissioner florand had had was flagging down said that he had a a question well dur during our conversation and review of the agenda which is what I stated earlier today we did speak about various items and I thought you were going to go over all of those items as as all of you know um the city is um is under current litigation uh from the prior city manager um um and um I believe that the original lawsuit I don't know exactly how far back it was uh filed but um you know I forwarded a copy of that to you he since amended the complaint to uh make certain uh assertions against individual Commissioners as a result um not to get into too much detail because the matter is in litigation um um the city's insurance carrier in accordance with applicable Florida bar rules um uh regarding potential conflict issues has appointed outside count separate outside Council for those uh Commissioners individually named in the amended complaint uh and we are scheduled or I'm scheduled to have a conversation with outside Council regarding um how we move forward uh trying to schedule it for later this week and obviously I'll keep you all posted and after uh conferring with outside councel um later this week I may be asking to have a shade meeting um at the uh at the U U March uh commission meeting um so we can meet in private have a discussion as to where the case is and where it may be headed and and again I'm here to answer any questions but reluctant to have a full discussion regarding the matter because it is pending but if any of you all have any questions uh beyond what we discussed and what I've mentioned here I'm certainly available to to to either uh meet with you all or have a conversation with you all regarding the uh uh amended complaint which I um have recently distributed to all of you so I I have a question about that so if if certain Commissioners are being sued why should the rest of the commissioners that are not being sued have input on that um because the city is also a named party okay so the so it should be the shade meeting should be about the city and not about the other three Commissioners it it would to the extent that we can have a shade meeting because there's issues a quorum and conflict um then so the shade meeting is only for the the lawsuit that pertains to the city not to each individual commissioner yes and no because some of the as as some of the allegations in the original complaint as well as in the amended complaint still make allegations against the four Commissioners in their official capacity uh and that's somewhat of an internal contradiction that we've you know um again not to get into great detail I've had some plary conversations with outside Council regarding how to resolve that um essentially at some point in time the remedies that are available or that are being and the allegations being made will have to be split and the decision will have to be made whether or not the personal claims Will Survive or it's in your official capacity as Commissioners well I all I can again it I I don't want to get into a great deal of public discussion because it is pending litigation I more than willing to have so you're available oneon-one for oneon-one with any of you all at your convenience but but commissioner floron did ask that I mention the matter and and certainly to the extent that um any of you all have any questions regarding the status of the litigation um that I could answer without um uh compromise ing the city's position I'll try and do so Mr J it relates to the uh Miami Gardens because um you know how the Miami Gard litigation we um they have like because you mentioned Shan I was like okay if we're GNA have a shade meeting that's going to be a very interesting shade meeting yeah it's the case I don't know how that's going to happen but okay um but the other question I have is that they on the on the city and I bring up Miami Gardens because we we're going to supposed to schedule that uh and you know from my understanding Miami Garden submitted hey we want X Y and Z is the same case in this one is has it been a demand letter at all uh well i' I've received correspondence from outside Council um um over the weekend not over the weekend actually late yesterday have not taken a look at yet because I was preoccupied with today's meeting and preparing the agenda items but as soon as we do have that uh I'll I immediately will reach out to outside Council to have that discussion and then convey that information to you all um there's obviously some rules and regulations um that apply when we receive uh potential settlement off offers that are um um uh they're protected by state law being confidential so again don't want to get into much of a discussion because we are significantly constrained because of the act of litigation status I totally understand that okay let's move on to quaza judicial I I just believe and I want to be consistent in in um in in in this is that if somebody up here is acting in their official capacity whatever they're doing in their official capacity if the city has a remedy you know well you're the attorney but my my understanding would be that that remedy would cover whoever was acting in their official capacity as well correct it's called sovereign immunity right legislative immunity so that would be asserted and emotion to dismiss if it but again right that well so because I want to be very consistent in in what we've what we've had discussions about you know throughout these past months of back and forth and all that that you know the the difference here is that um um through the existing um insurance policy that the city has um there's coverage the in the prior in the litigation that we've already been involved in where some of you all were named either as plaintiffs or defendants the um it's it's that fact that it wasn't covered by it was right correct that that's the difference right that's the difference all right thank you so much Mr attorney and I'm looking forward with Miami Gardens to really because I sat on you were there I think it was three or four different calls yes that we were on and no one showed up yeah we we we we do have a a present um um need to to meet with you all and and get some feedback from and and the reason I'm bringing that up my fellow Commissioners is because we had a shade meeting we we made some decisions that were supposed to be communicated through uh those conference calls and those conference calls never took place so it was kind of hard to even you know effectuate what we discussed in the shade meeting so we we were um uh not again not we were very I I I I have no other way to say it but disappointed that on the eve of uh one of those uh meetings that we were supposed to have uh we were summarily notified just minutes before the the the meeting that it had been unilaterally cancelled by one of the parties not the city uh but we're moving forward and we need to communicate where we're at with you all and get feedback and we'll do so in that shade meeting and new of what that you know what happened at the state legislature and their plan's there right the the the the the the reality what is moving forward with this type of a conversation when I know uh commissioner Smith you have the historical knowledge um and so do I to a certain degree that this has been going on since 2018 no not 2018 no no well this has been going on for over what that that is my point that is my point that I said before there we need to have a meeting there are a lot of moving parts and that's why I said that you know we really need to block out in my opinion no less than two hours just an abundance of caution to be able to have a effective and fruitful conversation with the city commission as to where the litigation currently stands thank you okay we're all good yes all right anaza judicial I believe move to introduce resolution number R 2024 32 all right we need mayor before we no yeah let's take a break okay all right and the second we we have a second right yeah we have three seconds okay all right pick a second any second oh Okie doie resolution number r202 24-32 entitled the resolution of the mayor and City Commission of the city of North Miami Beach Florida granting a non-use variance from section 24- 85a of the zoning and Land Development code to permit a swimming pool in the side yard where there where the code requires that a pool be located in any rear yard and along a corner site set back of 7 ft and 6 in where 15 ft is required confirming expiration limitation of approval providing for conflicts and providing for an effective date Mr Mayor a motion approve no no no no no no no no we got AAL item right we got a few things we have have the disclosure swear in the witnesses and have a public hearing Madam cleric Jennings please Jennings disclosure forms were received from commissioner Danielle aan so um we'll start here puring to resolution r95 d24 the subject matter of any ex party communication together with the identity of the person group or entity making the communication shall be disclosed made part of the record on file with the city prior to the final action on the matter and we'll start with commissioner shernoff I don't believe I've spoken with any I'm I'm may have gotten an email or two on it and I can make a decision just based on the hearing tonight commissioner floron I've not spoken to anyone in relation to this matter uh but I can make my decision based on the information before me this evening commissioner Joseph yes I did I was reached out by the property owner and I can but I can make a decision based on the evidence presented to me this evening commissioner Smith I spoke to the property owner so long ago that the pool needs to be refilled [Laughter] again and that's it and I rode by the property today okay and you can make your decision oh yes I'll make my decision based on what I hear okay thank you vice mayor smuckler so I knocked on their door one day back in like September October and we spoke a tiny bit about it but that's it and I yes I can make my decision based on the evidence I hear tonight mayor Piper I have not spoken to anyone and I can make my decision based on tonight's information thank you okay all right thank you and um so we need to swear and speakers if plan on speaking on this item please stand and raise your right hand so you can be sworn in okay do you somly swear that the testimony you're about to provide shall be the truth the whole truth and nothing but the truth so help you God and your answer is yes thank you okay Mr Ring you're up all right thank you mayor uh da going to uh try to help expedite this so uh uh uh as traditionally we have the applicant speak first and then staff uh we ask your permission to have staff speak first to run through the process and then uh have any remark from the applicant at at that time uh if that's the right mayor I'd like to proceed on that basis thank you uh mayor commissioner the property inquest required IAL uh item 10.1 resolution R20 24-32 is for the deli resident Pro variant as requested by uh Mr L doesi regarding property uh uh at 16950 noreast 17th Avenue folio number 0722 82880 um the the specific property question is on the on the corner and due to specific constraint of being on the corner and how the the resident is aligned uh uh with it fronted uh will require the poll to be set on the side um that the existing side condition uh and the boundary survey and the layout as you can see there staff and sta evaluation we've know that in the back I'm trying to point it the pointer but uh uh there are some constraints from a size standpoint uh um and uh that do to the the layout do note that similar variant that have been granted by this the city Commission in the past under similar circumstances that you hear this uh evening the the applicant uh is therefore proposing the pull and the location you see uh on that but this required a variance uh to be granted to this property um that review the site plan um and find that um the uh uh um the setback and everything required for the pool can be accomplished uh within the site uh so the only really main uh variance here is we have a rule in the city where you have to put the pool in the back this is asking to be on the side the applicant can meet all other applicable uh portions of the code and the option for the city uh commission is to um move for approval uh uh of the application of move to deny we knowe that it was heard uh at the January 8th planning and doning board and was voted uh was recommended for approval uh 5 by the Planning and Zoning Board da also note that we have not heard received any communication from a public here uh from the public on this matter uh with that um mayor would you like Mr soli to uh make a brief statement or if the applicant wants to come forward and speak feel free all right thank you well I had a presentation on PowerPoint but today apparently it's not not working or not uploading um basically uh wanted to first of all thank everyone here um for listening to us my name is Lis alesi and I'm here with my husband Alejandra Naya and we have been planning for uh our retirement to live together in in nor Miami Beach we I have been a resident for over 23 years uh of this beautiful city and have grown uh our home along the time uh we have invested we have seen the city grow as well as our house back in the day when uh we got the house in the year 2000 there was no balys um or they were there but not not with payment uh there were no sidewalks there was a lot of crime we don't have a perfect City but we keep improving I think and in that spirit I don't have a perfect home and we we are building our our our best in recent years we have invested in in um impact doors and windows we have invested in new roof we have invested in improving our sewer system everything to get to this point to the pool this point has been there for two years we already got all the approvals from the county uh but u in October when I was desperate I came over here to one of your meetings and I said how am I going to reach the end point because nobody's taking my call the pro the process within the city has not moved from that moment on uh we have felt a big difference uh this this the entire city engaged with us and we are here we finally passed every other test every other um um vote board meetings Etc the last one was a couple of months ago with the Planning and Zoning or last month I I lost track and who here we are you know 15 year old 55 year old um working for for Cisco for 20 something years any moment now they may Release Me From my duties and I want to stay home and enjoy our city and as you saw in that map uh the the building something in the backyard is impossible because there's no space and below the SP the poor space that you saw in red is the setic tank and the the drainage so no rule will allow me to be build a pool there and than God is a house in the corner so in the the blue area that Mr Nang was able to to identify in the map you see where there's a s in plenty of space to build that sidewalk or to build the pool we will build of course the the the fence around it as in the is required by by the the petitions in in the city and and we already have been working with with them to to verify that the the the the def fence was in the right levels and the perimeters Etc so in a nutshell we are in your hands we have been trying hard not losing hope and and today we're just asking for your approval all right let make them happy to appr navigating the process and um hang on it's no he's hearing got you want to prove right or wrong I I don't want you've gone this far do you want to ruin it now no going you have I second that motion one second okay anybody wishes to speak on this item Mr Mayor okay no one's come forward and the public hearing is closed anything from Commissioners on this something not I I prove this but I just have a couple of um thoughts um based on his experience as well as the experience the a uh I think it was over shorts where they had to here um I I was because the experience um this um president appan has and the experience that we've had when it comes to these owner operators that are trying to just make improvements we have to come up with a process that just has a f a fast track just for residents getting permits approved if they're the ones that are actually you know get getting the permit or whatever I think we should really focus on that because for two years so he can put get Avance for a pool that's ridiculous or for someone to have to wait for to put an awning for I don't know how long that's ridiculous I think we should try to create a program I think I think the commission would approve that type of program because it affects residents that are just trying to save money and and do and put the work effort into that second I know he lives in summer West I live in summer West we have an issue with the No Man's Land issue there's a part like there parts of our property which to this day bothers the crap out of me that doesn't belong to me and doesn't really belong to the city but it's our responsibility to take care of and it's been an issue that I I don't know why we haven't mitigate I don't know we have to do a replatting but that needs to be that needs to be taken care of because it keeps our property is technically supposed to be like an extra 200 like uh 500 square F feet but because of the way it's been platted we you know we we don't have the full access and I think if we would have had the full access you would have had a a more a a more leeway where you could put that pool oh the pool could be bigger yes but I'm okay the way it is no I no not I'm not but that that that that discussion has not happened and it affects a good chunk of our city and it's mostly Sumer West Summer AC maybe part of Sky Lake too and I don't know why we haven't had a discussion I would ask the um public um uh um planning zon and come back with some recommendations because I don't want I don't think any of us want that to to continue on I think a lot of residents would appreciate it if even if there's a a cost that goes with it it it getting that property back would increase our values to begin with and it and and like you can do more on it you can do better improvements it'll make more people less more likely to stay in that property because you won't have to worry about the certain sex backs so I want I would I would appreciate I would just try to give direction to the manager as well as uh through through the manager that you guys come back with some type of policy that can assist a lot of these people in in my neighborhood uh as as well as other Commissioners neighborhood to to Really mitigate this no man's land situation we've been going on for for years and decades so I want to say an option I would I would like to to to buy that that I would buy I would buy my space right of the garden that is the city the city I think that step's heard it you've heard all right issue's been he here's the issue but I know it's Motion in second I so I just want to say now now I remember when I knocked on your door I told you to come to a commission meeting and that said it all that was October right and that was in October so um and again I'm going to go back to the the residents shouldn't you know this should have been an an administrative waiver I'm going to go back to that because there's no reason to do this to the residents when when a developer comes and he'll ask for a little a pool that size and he'll get it but a resident comes and asks for something less and doesn't get it so um I'm sorry that you actually have to go through all all this and I'm sorry that it's taken to and I make a motion you can beig a big build a bigger pool okay all right so any feel from the Commissioners or we're all good okay so we need a motion second to approve second we got the motion we got second okay and then we need a roll call on this one commissioner shanov yes commissioner floran yes I'm waiting for the invite commissioner Jean yes commissioner Joseph yes commissioner Smith finally yes vice mayor smuckler absolutely yes mayor Evan biper yes passes 70 okay good luck thank youy every move to introduce resolution number R 20243 3 all right Washington Park site plan you don't need to read that that's what no I don't okay we need a second though all right Comm upon the second resolution number r202 24-3 3 entitled to the resolution of the mayor and City Commission of the city of North Miami Beach Florida approving the site plan application and three non-use variances for the construction of 121,000 gross square feet Community Center Park and pool and 71 parking spaces on a 2.85 acre partiel located at 5 15280 Northeast 15th Court granting a variance to allow a 10-ft fence surrounding a basketball court granting a variance to allow a 6ft metal fence in lie of a required 6t High solid m wall along the rear commercial property lines that are contiguous to the residentially Zone properties granting a variance to permit backout parking on the right of way providing for findings of fact confirming expiration limitation of approval providing for conflicts and providing for an effective date okay thank you I guess um Adam Clerk of Jennings per resolution R 9524 the subject matter of any ex party communication together with the identity of the person group or entity making the communication shall be disclosed and made part of the record on file with the city prior to final action on the matter I received um Jennings disclosures from commissioner Daniel aan so we'll start with commissioner shernoff yes um I've had conversations with Lorenzo Hall in regard to this and I can make my decision based on what I hear tonight commissioner flormont I can make my decision based on the information I received this evening thank you and you have spoken to whom I'm sorry remember you said if we didn't speak to anybody we don't have to but just say anything I appreciate you stting on the record all you know just to I know you want to go home so let let me let me let me uh I haven't spoken to anybody about this matter thank you commissioner Joseph oh um yeah I've I've spoken to several members in the washon Park Community uh washt Park voters Council um I've attended various events in regards to this issue and I can make a decision based on the information presented to me this evening best my knowledge thank you commissioner Smith she stepped out for a moment oh I'm not looking she's spoken to Wasing Park residence and she can make her decision no we assume she's spoken everybody but um but anyway we'll come back to her who's next prob has okay vice mayor smuckler I don't remember who I've spoken to about this to be honest with you but um I can make a decision based on the facts I hear tonight thank you mayor um I have not spoken to anybody about this and I can make a decision on what I hear this evening are we okay to proceed without Mr Smith for now okay to Pro well that's when commissioner Smith comes in back in we'll get her to disclose any uh Communications she may have had so she can participate in the discussion and vote okay all right Madam C we to swear on the speakers please raise your right hand if you plan on speaking on this item perfect do you Solly swear that the testimony you're about to provide shall be the truth the whole truth and nothing but the truth so help you God and your answer is yes okay thank you okay would the presenter come forward thank you mayor commissioner I this evening in Washington Park uh involved the S plan and three non-use variances uh did the city initiative and to present this uh we are asking our consultant on the project KCI as well as public work to initially present the plan before Community Development W you and through the quad judicial uh uh process uh May to good evening mayor and Commissioners U thank you for giving me the opportunity to present this plan to you uh I wanted to start off by saying that we've uh worked uh over the past several years closely with the city and receiving public input in order to get to this this stage uh of the project so I'm pleased to walk through the current site plan with you and before you proceed Mr Smith we had the EXP party disclosures if you could yes I apologize for not being here um I spoke to a lot of people about this project staff Washington Park residents neighbors and yes I can make a decision based on what I hear that's what Jay said Thank You commissioner Smith okay thank you I'm glad I don't have to disclose all that could go crazy trying to remember everybody um so I guess I'd like to uh to start off by is the presentation available I'll come back up shortly okay okay so I'd like to start off just by getting us oriented on the site and I think we're all familiar with the Washington Park neighborhood and the orientation of the park within the historic neighborhood on the left and on the right hand side of the screen you see the the image of the the park itself and its current state uh of of being notice that there is a public RightWay that uh that divides the site and there are those empty Parcels in the northeast corner of the property uh at this point Point um in the development of the project there actually has been a Unity of title performed and the property is now all under common ownership of the city and the RightWay has been abandoned so all those private Parcels have been purchased and it's one parcel now that is actually 2.78 Acres so I'd like to talk to you a little bit about the site layout um notice that there are still um a couple of zonings that exist a couple of zoning U there's Community facility zoning as well as commercial zoning on the property which complicates things a little bit I guess if I just keep going back and forth we'll get back to yeah it doesn't like you Alle aible uh diagram um let me jump to the the site plan um and why the site is some of the basics of why the site is laid out the way it is laid out um if you can use your photographic memory for the site plan I don't know if you guys have anything in front of you but um building massing on the site was very important we didn't want to create um something that wasn't friendly toward the neighborhood right um where this is a single family residential neighborhood almost exclusively uh single story residences so um we took that into mind and creating the spatial relationships between the elements of the site uh one of the other critical items was uh lining being able to line up the internal traffic circulation with adjacent center lines of Roads so those are two major features that affected the site plan I wanted to walk you through the major program elements this will be vastly more successful if we have Graphics I [Music] think there you go here we go so uh start out with the main buildings which is the yellow and we'll walk around sort of counterclockwise the total uh closed building areas is 12,7 and some square fet and that is comprised of sort of two buildings with a Breezeway it's actually one large building but with a Breezeway between them and but it's broken into the community center which is the larger portion and the play school which is the the smaller yellow portion on the top we go into the parking area there are 76 total parking stock s being accommodated uh on the project 31 of those are in the lot and the remainder are on the street Frontage with angled parking we have an accessible playground as we continue counterclockwise the magenta purpley area between the parking lot and the two covered basketball courts covered in lit basketball courts in the top left a circle down uh there's a multi-use field which uh we use to just maximize the space that we could provide there it's 115 by 130 ft that's artificial turf and as we wrap across the bottom of the site back to the right we have the splash pad which is the blue circle and uh a uh swimming pool that's associated really with the building and has controlled access related to the building the pool is uh 75x 30 fet there are adjacency um benefits to having those things adjacent to each other uh and there's adjacency benefits directly between the community center and the pool itself wanted to touch on the variances that have are part of the title of this this resolution really quickly uh the first is the 10- foot uh fence it's sort of becoming standard practice now with newer basketball developments to provide a 10-ft fence to keep the balls from basically bouncing over the fence and going into areas that they shouldn't um and preventing that from happening so uh it is permitted under city code to have a 10-ft fence for a tennis court but not for for a basketball court so uh that was the the first variance and that's why we're we're requesting it um the second that Ed hear that you need to change that for basketball court for for future I think he's referring to yes get rid of the word tennis right in there maybe can I ask Mr the mayor can I just ask um what's that fence made out of we had the varant on the fence in the backyard that they're going to change it but it did not say what that fence is going to be understood um I will yeah touch on on both of them the the 10-ft fence would be a chain ling a black either PVC or nylon coated chain link fence that would work with the with the structure that's there um the fence to which you're referring I think is the 6ot fence that would be along the north property line correct and that would be a a steel um split metal picket fence uh along that property line uh that requires a variance because of adjacency of zoning so the the adjacent residential zoning um is required to have a 6ft masonry wall uh between our site and it because we are not residentially zoned um there was a considerable amount of of feedback received directly from the community about the the historic implications of walls uh on the site and in the neighborhood and they didn't want that and so this is a reflection of of the community input was to not have that wall there being replaced by a fence um the last uh variance is about back out parking within within the public RightWay which is really necessary for us to get the parking that we need to to be able to provide enough parking for the site we uh we actually could not meet city code uh for parking with the and so we used it it calculations which was previously approved by the city planner uh as acceptable to meet parking for for the site so that's how we're achieving our our parking calculations the last item I do have one more item on here fourth I think it's actually later on your agenda um so it would we would need it if that doesn't get approved or or um we won't need it if that item does get approved later and that is just the length of the Ada stalls uh on the site and 18 foot is is typical and we have 20 here so um it would be two more feet that we could do something more productive with uh on the site because it's very very tight right so that's the site want to go through the floor plan uh really quickly and you'll see in the um I'll walk through the building very quickly uh if we walked into the building which would be sort of the top middle there and went to the right hand side you have your main lobby you have reception you have office support there is a a a lifeguard office that relates to the entrance and access to the pool there then there are other Associated you know support spaces a lot of storage there is a libraryreading area that was uh specifically requested by the community there's also Community lab that or a computer lab excuse me that was also specific request from the community you have your normal bathrooms and other uh elements like that that support both the internal building functions as well as the pool area have very different requirements so they're separate um and then uh the the large space at the bottom is a banquet hall which is approaching a capacity of 200 um depending on how the room is organized it has a stage as well that's uh that's movable the space in between uh as we move up into there's a a larger multi-purpose room in the top right of this structure and the space between is a kitchen that would be used for the banquet hall uh as and and additional storage just for the whole building in there um on the other side in the play School those are all essentially functions of the play school with a restroom a set of of EX exterior accessed restrooms on the bottom left that would serve the U that would serve the splash pad there so those are our the main points of the building um the building elevations we will have some color renderings at the end that that'll uh be a little more intuitive than than these but I just wanted you to to see the the general flavor these were affected by um by public comment both well public comment and City staff comment so um the first rendition of these didn't didn't look these this way we received comments from the cities about uh from the city about increasing the appeal uh sort of stepping uh style stylistic comments as well as as um as athet aesthetic comments that are integrated into the renderings that you'll see at the end the covered basketball court is just a large metal building all right covered and lit so it'll look like if you go to a rodeo or an airport hanger maybe it's it's just a large metal to to be able to create those spans for us and we did have to actually lower the right the the roof height on this in order to meet the height restrictions uh per our zoning that we have on the site um a little bit about the pool and the splash pad in the top there is the pool that I've mentioned which is a a Beach entry pool uh it does have access control through the through the actual community Center there in the Lifeguard office the the splash pad which is adjacent they're adjacent to to um have the benefits of equipment storage and and adjacency for efficiency there um there it is interactive water features and there are a fair amount of kind of exciting we we did manage to squeeze a lot of interactive features into a small space there for the for the neighborhood drainage um the stuff that most of us don't don't see we do have a very small amount of retention on the site meaning the swes that you see on most most commercial developments we have very little of that it's actually all on the north side of the property I mentioned this because uh all the other sort of Darker lines that you see on the plans are exfiltration trenches which means that we avoided using space that you guys could have Parks could have playgrounds with or or turf fields Etc um we we ended up using more exfiltration trench to to allow us to develop more of the site um it's important to note that uh this site is the the drainage system is designed with with uh more capacity than is required for the site itself uh that was at uh City staff request the extra capacity is was requested in order to help address neighborhood flooding that's happening in this area so we are tied to a larger system and we'll be able to accommodate some of that from from the neighborhood Landscaping uh we will follow seped principles which is essentially mostly keeping your your um line of sight open right so you have good visibility and aren't places for people to hide uh we soften and frame the structures uh we are defining spaces uh with those things we're buffering the neighbor the neighbors and uh importantly we will uh continue to coordinate with the city maintenance so that the plants that are specified on the project are are you know within their within their capabilities and preferences truthfully to to to maintain so have a an aom metric picture that sort of helps us visualize more for most of us and you can sort of see the overall layout of the site some of the renderings that give you a flavor of the architecture so uh some pool views have lockers against the wall for the pool um nice covered Breezeway that we were talking about and then the bottom view is the the front entryway very inviting to draw you into the space there are a couple more Snippets of the playground and the splash pad and the multi-use field and I think that's it so I'll just say thank you and open it up for comments okay thank you um so next Madam clerk public hearing anyone wishes to speak on this item okay Market shows no one came forward public hearings closed and um any comment from the Commissioners commissioner Joseph thank you Mr may now I'll just be quick um and I support the item of course um uh during the part you spoke during um you brought up during the discussion the the chain L fence and the wall not being something that the community wanted and I just wanted to give a little bit history I don't know if too much if you guys know the history of of why the wall was something that they did not want just because it's it's it's you know synonymous with black history and everything else and I just wanted to just give a little bit education just real quick uh and you know guys you know I don't talk that much but I just something like you know the project is personal me and I know personal each one of us but I just want to add this Tobit years ago um the entire Washington Park and it's a little and and it's tied to the history of Michael Schneider's dad as well because he helped um take down the wall uh Washington Park was corned off that's why like a lot of the roads are small or whatever was a COR off as a blocked area for the servant quarters for the people that lived in eastern Shores so all the people that would live in work in eastern shores would then travel to um Washington Park and that's where they would live but they back then they actually courted off the area so years ago um years ago um um there was a movement to to take down those walls and Michael Snider's father who was I think it was a mayor at the time um really pushed through to take down those walls because it was very symbolic of them being cing off from the rest of the city and why this particular park with this particular are is were very sensitive and why it's something that they've been trying to get a lot of people that have gone back um Decades of you know born raised and even died in that area have been looking forward to this thing being developed so I just want to add that a little bit of History thank you okay Rich Tru Yeah you mentioned that first of all congratulations on bringing it Forward we're so happy everybody up here is so happy that it's finally forward and moving um about the basketball courts you said you're lowering the ceiling is that going to affect the game at all no we we're able to the the the lowest members are still at the same height it was just the peak that got lowered so we lowered the angle so it doesn't affect the playing ability or anything at all no it won't all right thank you okay Mr muckler no Mr Smith no I I I I share the concern that Jay has because okay when I go up to dunk you know it's I want to make sure my head doesn't hit the you know Mario my head done thank you um I do support the item I wanted to ask the administration do we have an updated timeline since this is approved tonight what's the projection for the project no the timeline is is still um on on schedule um we're waiting for comments from durm um that once we receive that we'll be able to finalize the the design um of the project we then go into the um B fitting aspect of it with the anticipation of um construction starting in the fourth quarter of 2024 uh with completion in 2026 okay great so um if there's nothing else then we'll entertain a motion in a second to approve second okay all right we'll need a roll call everybody want yes commissioner floring one yes yes commissioner Jean yes commissioner Joseph yes commissioner Smith yes commissioner shernoff yes vice mayor smuckler yes mayor Evan Piper yes passes 70 all right perfect so so Joseph I was told that that they were working in Miami Beach I never heard Eastern Shores no no it was Eastern Shores um Lorenzo it was it was they they would oh was Sunny Isles he's saying it was sunny sunny is that area but it was mostly coming from that area so they would actually Eastern Shores in I wasn't trying to courting offes no I'm just saying like they would come from the beach and that area was quaring off for just people in this community they had the small rows and whatever and like I pointed out Michael's father father who was mayor of the time right worked to try to prank bring that down so I'm just saying it came from the the beach side and I don't know back then I don't know if they had that same Bridge no it was another Bridge it was another Bridge let's let's talk about this sorry sorry move to introduce ordinance number otherwise fast and all that information is in your packet if you read your packet you would know all the information okay we're moving on to legislation um we need a motion a second to introduce item 111 I didn't hear you okay who's the second I'll second okay commission Smith on the second and uh City attorney yes Mr Mayor members of the commission this is an ordinance and first reading ordinance number 2023-the Beach Florida amending the city of North May beach code by amending chapter 24 entitled zoning and Land Development Article 19 N off street parking and loading section 24- 93 parking lot design standards to men subsection C entitled parking requirements for the handicap and subsection D entitled space dimensions to decrease the required length of the handicap parking stall from 20 ft to 18 ft providing for conflict severability and codification providing for an effective date make the motion to approve not yet this drink um well uh really really really briefly um they the title said at all uh mayor Commissioners uh from staff that we are bringing this forward because we have a variant this all the time and we are pretty much the only City out there uh in the county that had something different uh what that would note to you for this is that we did check against Ada regulation then the change would still put be compliant with the ada8 regulation that uh federal government has okay perfect um all right Madam clerk public comment anyone wishes to speak on this item okay let the record reflect no one's come forward mtion approve Public public hearing is closed anything from the Commissioners on this okay um we'll take a motion and a second to approve the motion second motion second and um roll call please commissioner yes commissioner commissioner Smith yes commissioner shernoff yes commissioner floron yes vice mayor smugler oh mayor Piper yes passes 5 okay perfect all right now we've got we've got item um 11 so we need a motion second introduce 11.2 introduce move to introduce ordinance number 20- 2401 first reading by title you're reading too much okay perfect how about the second second okay Mr the second all right and uh attorney yes this is an ordinance on first reading uh ordinance number 20241 entitled an ordinance the mayor and City Commission of the city of North Mii Beach amending the code of ordinances of the city of North Mii Beach Florida by amending chapter 22 entitled local business tax receipts and regulations by creating a new section 12-8 entitled mobile vendors and amending section 12-9 Peddlers and solicitors to modify the definition of Peddlers amending chapter 2 4 entitled zoning and Land Development article 9 entitled off street parking and loading section 24- 92c restrictions to allow for the parking of mobile vending vehicles and off street parking areas subject to certain standards providing for codification conflict scrier errors severability and providing for an effective date okay thank you I guess this was brought forward by commissioner John and I guess um are you prepared to present uh yes sir yep um mayor commissioner uh on this item 11.2 mod vending ordinance uh the history on this uh this actually went to the uh planning board meeting on and was voted 5 Z at the November 13th meeting what we tried to do here was craft an ordinance that really tried to dread the needle when it comes to what we have in state statutes as you may be aware that for statute 9102 prohibits in many respects our ability to regulate uh uh mobile uh food vendors so uh what daa tried to do here was triy to uh in light of those uh preemption at the state level try to dread the needle that we could have some semblance of a a a review at the city where we could look at safety we we look at circulation for example and try to craft something that uh would be um would be something that we could do in light of these aspect of state law now we can't regulate certain aspects of this we are restricted and uh um but what we try to do here was to provide definitions and outline the process and requirements obtaining a business tax receipt to outline operational standards that's like the cleansing L of the site making sure that if you had a mobile vendor uh on the site that if they're occupying parking spot that you still have enough parking for the the rest of the site which is important uh Waste Management uh pedestrian and vehicle traffic flow sinus sanitation we try to touch upon the things we could now it's very important to understand that from the languaging that provided specific languaging because we can only restrict the uh mobile food vendors to properties where they have based on use right so if you have a residential property and you don't allow for food on site that's about the only restriction that we have uh a provision that the state will allow us to do otherwise if you have a brick and mortar and you can sell food you have to allow this um but what we want to do is ensure uh that we have uh operating aspects that we mentioned um we do want to uh uh put in a uh we do recommend that the city put in a uh minist the site plan review so that we can see what's actually going to go on the site there are also um aspects uh uh uh where we have to clean up to make it consistent with the rest of the code which are presented before you this evening um including making sure that mobile vendors are treated separately from Peddlers uh for example um this is an ordinance that is supposed to get us in conformance as well with Florida statue 50912 there are also other there to design to protect the property rights of uh our existing uh uh property owner such as you have to have permission to park your mobile vendor site on on the property so that it kind of prevents the possibility of quad so we didn't actually have in that code so we are recommending a staff to you that that aspect is adopted um um the uh item before you is the uh um to move to approve or move to not sta to to answer any questions commission may have and why we drafted the way we did okay Madam clerk a public comment anyone wishes to speak on this item Mr Mayor we have no one all right thank you motion to approve well any any comment from the Commissioners on this I just wanted to add that um you know this is going to help us with the foresight as it relates to urban planning Economic Development all the great things that we're trying to do to diversify our city and I'm looking forward to seeing more food trucks and kind of marrying with some of the our sister cities and what they have to provide as it relates to events and activities that relates to food trucks so excited to see some regulation as it relates to it thank you okay thank you any other commissioner no okay um all right so we'll request a motion and a second to approve you know what I just let me make sure this did we want to add anything to this one um after after speaking with with legal and with Community Development we are making sure that we're conforming with State Statute so there's not a lot of leeway to be able to change um I know um legal is going to look but it's more of a scribers area error that we can if anything um change for the second reading it was to add an and or um provision um in there um within a certain section and the correct so we were just going to take a look at that and just bring it back at second reading I don't think we need to do anything right now and in reference to um the parking on pavement we don't have to do anything with that no ma'am these were just a few items that we went over in reference to them these were just a few items we went over in reference to this because we have a few areas where they might want these bending trucks and um there's not really paved Road like like where the lake is on 18th Avenue or even Highland Village the ordinances I recall does have a requirement that the uh surface be stabilized either through pavement or through some other type of uh the manager went over with me if they when they come to get their permit in case they don't go on pavement if they go on grass like they W would at Highland Village then they would have to refurbish anything if any if well anything correct but again correct the entire premise here is that they're going to be located on and the majority of instances on private property so it is between the uh mobile vendor and the property owner to decide how some of those issues are addressed we're just simply saying in the code that you can't park somewhere tear it up and leave it that way and become an isore if it's not on a hard surface I think was written that it was required to be commissioner um to to your point um if in certain areas there's a special event permit that is taken out then any type of um repairs or anything is done through the special event permit itself I just want to make sure that it doesn't exclude the right to have a special event or have a because there's no pay because there's no PVE area at high Village it it does not uh what this does prevent and this was the concern also shared by the planning and zoning board members is we don't actually want these trucks which are heavier than your normal van and with all the equipment to sit on say grassy soil and then a rainstorm comes and it's mired there and then it it gets stuck there it it get out it teared up well um it tears up the actual property we're also concerned from staff standpoint about the effect on SW if we didn't regulate a certain way particularly since these are items are being maintained by the city and if they can go anywhere how do we really kind of regulate that right uh um so that's where kind of difficulty uh comes in as well but primarily it comes in from we don't want these things smed and stuck on certain property we've seen what happens on some of it and it is also a provision that you see in other cities but planning doning passed it unanimously they did and the other question I had was about the table Furniture was you know would we be limiting that because we're limiting to one wood sign so just as long as the staff pays attention yeah right that's already taken into account right do we have a second second okay um roll call please commissioner Joseph yes commissioner Smith yes commissioner sherov yes commissioner floron yes commissioner Jean yes vice mayor Smuggler yes mayor Piper yes the item passes 70 all right thank you all right we need a motion introduce ordinance number 2024 D 02 who's the second second commissioner Smith okay all right City attorney yes Mr Mayor members of the commission this is an ordinance in first reading uh ordinance number 20242 entitled an ordinance the mayor and City commission amending the code of ordinances of City North May Beach Florida by amending chapter 24 zoning and Land Development code specifically section 24-22 definition to modify the existing definition kennel and to add the term animal boarding amending Article 5 zoning use districts to streamline and correct permitted andal uses to be consistent with the definition adding animal boarding to the permitted and Canal uses listed in the B1 limited business district B2 General business district B3 intensive business district B4 distribution business district B5 distribution business and medium industrial district fulford mixed use Town Center District mutc mixed use employment center District muc mixed use Neighborhood Center District mu NC Arch Creek mixed use Corridor District mu Southern mixed use Waterfront District mu swf Northern mixed use water CRA Waterfront District M nwf Eastern mixed use Waterfront District mu WF 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 for an effective date okay Mr ring thank you mayor commissioner the uh item before you came about because of a discussion actually from an applicant uh with uh but it caused daff to think about uh how there are certain use it not in the code but which are resident that we are an evolving City uh really um should consider um now this question was prop with planning zoning board uh in uh uh in November and they did vote to move this uh to recommend to you for approval I voted 5 um what we had to do with staff would really research the aspect of what is a Keno and what animal boarding in Hil because folks have pets um the other portions of the C uh um so we we're amending uh we're proposing that we kind of really Define these terms a little bit better more consistently uh particularly in uh in light of actual potential users and what our peer cities actually do a lot of what we did here was look at our peer cities and try to come with a definition which makes sense when it comes to animal boarding which uh really revolved around care social Rel of animals where folk can leave for a couple hours at their pet sitter or overnight in a way that the city can still regulate at the use that's why you see it in the business district and the B miuse District but not in the residential district and because animal can be something that can be uh um a nuisance uh uh if not managed properly that going to recommended you that the use is provided at a conditional use that when these businesses come in the commission had the right to review uh and approve or deny such applications we felt that that was more appropriate because of that potential uh uh um based on uh just just just just your ability to review of the commission um we do um want to point out that we uh still want to maintain other things you have in the Cod for consistencies at at the 300 ft and they actually came up in planning zoning uh board discussion when they asked how we got this did they consistent with the other portions of the code um why regulate it but the high demand for business Youth and uh it's something that we do do see folks wanting to who want to invest in the city want to bring these businesses to occupy the retail space that our mix building T and so we were trying to say well right now we would just automatically had to deny them so we wanted to bring it before the commission because did the uh an aspect of folks who want to invest in the city uh and occupying that space But are not able to do so at this time um we also thought about it from the public standpoint where we have very diverse Community where folks have pets and uh they may require such Professional Services um and um at this time we uh asked the commission to either U move to approve or deny uh the text Amendment based on staff recomend recommendation for review all right thank you first um we need to do public comment so you all right Madam clerk public comment anyone wishes to speak on this item okay no one came forward public comments closed anything from the Commissioners anything down here no okay it turn off Ed how does this affect somebody who's boarding animal at their house right now um right now um uh Mr uh uh commissioner uh if it's a residential property they're not allowed they're not supposed to be uh boarding uh these animals at their house um uh uh so we have had cases where uh we had to on commissioner I think we would need to get back to you on that because the state statute um does allow for home businesses um um that statute recently changed and there I'm not sure if if the city is or local government is preempted from not allowing um these type of businesses or or almost any other business on um within the home um so we'd have to kind of get back to you to make sure um what the state statute allows for okay anything El okay go okay thank you so I just wanted to make a comment many many years ago um this I I think commissioner Smith was probably on the day when this occurred that in eastern Shores on the um at the inter Coastal Mall the area that behind behind the stores the stores like where there's residential behind it they said that in those stores there couldn't be any type of anything with pets because they didn't want the Barking to bother the people who lived behind there in the canal so I just want to make sure that that's still um in regard to that we have structured in such a way that anytime this uh it come forward uh at an application the commissioner had they write a review of the conditional use um it can uh under what we're DAV proposing you it can always be reviewed on a Cas by it will always be reviewed on a Cas byk B but it was made like an ordinance or something that it couldn't be done if I may if there is a prior site plan approval that had a restriction on what were the uses that were allowed in that and that was agreed to by the property owner that would still stay in place okay um I think I don't think it was something it was something similar that was done and it wasn't a site plan it was in site the the commissioner from henville came to us and asked us to do some things with that's the puppy mill no puppy mills are but then they came before us in eastern Shores to vote on something by Dr burman's office and it was voted down they did not want the dogs and to right and that's a I wasn't a commission I was not a commission we can look into it but I think the point is that to if you approve this ordinance or you want to allow this type of use um in the city um Mo moving forward we have specifically set it up that it would require a conditional use approval it would have to come before you all we cannot do it at the staff level right all such uses will have to come before you for approval and if you are so inclined find any appropriate conditions that you all may feel are appropriate given the unique aspect of the particular application and particular location not with all that said we will look into that particular or that specific instance to see if we can bring back to you a additional information and insight uh at second reading they can't move forward without without commission approval for the conditional use I know but if that was already done we shouldn't be changing it all I can say is we didn't find anything in the record in the code that indicated otherwise other than the general prohibition and definition of kennel versus other use um so again we will look into it and try and identify if where is specifically was mentioned and U that approval or limitation was was approved by the city commission at the time I just want to ask the manager Mr manager was this where we wanted to add groomers or not this one commissioner um yes well we were looking at potentially adding the word groomer within the definition um I will note that we already talk about the care um of the um just bring it it talks about the U maintained for the care and socializing uh so grooming could essentially fall under that word care but we can always point it out um that grooming which we do talk about professional grooming and care services we can we can always add that additional just to make sure it's clear yes thank you okay um all right so if we're all good there then I need a motion in a second to approve moved second okay and the roll call Comm commissioner Smith yes commissioner shof yes commissioner floron yes commissioner J yes commissioner Joseph yes vice mayor smuckler yes mayor Piper yes passes 70 thank you all right we need a motion move to introduce ordinance number 20243 okay attorney thank you Mr Mayor members of the commission this is an ordinance in first reading uh number 20243 uh entitled an ordinance of the mayor and City Commission of the city of North M Beach Florida amending the code of ordinances of the city North May Beach Florida by amending chapter um 12 entitled local business tax receipt and regulations by amending chapter 24 entitled zoning and Land Development article 9 off street parking and loading section 24-100 electric vehicle parking and charging stations to provide specific requirements to provide uniform standards for Ev parking spaces and stations providing for conflict severability and codification providing for an effective date okay thank you mayor commissioner uh this is an ordinance for electric vehicle parking and charging station this is not only something that's been brought up uh at the topic for how we regulate electric vehicles from the uh planning ding board standpoint but it's something that uh various Commissioners actually have noted from the day uh uh through the course of some of our prior quad indicial the requested put for a set of rules and regulation for the installation of electric vehicle charging station and we're noting that this is coming for you uh also because the state is looking to preempt local community from this rule so by effectively uh if you were to pass this uh in its totality we would be grandfathered in against Senate Bill SB 1084 uh uh um the intent here to promote and uh regulate effective electric vehicle parking and charging stations that may occur across the city that this become the more viable technology um the actionable items here are to provide through amended owning code and BTR uh regulations now specifically you'll see within the uh the text of the amendment that there is a difference between uh what we consider EV capable and what is evsc or electric charging station um and I'll go more into that in in a minute um the analys here is to uh differentiate between the different types of charging and that I mentioned to the planning zoning board uh had uh put these uh different levels in based on best practices research best practice research also noting that there are some aspect to safety to consider particularly with the really fast charging ones which should also provide for a more severe potential for fire risk um so in that sense stff was recommending that we kind of we regulate these if you're charging your uh items at home or commercial property versus something that might be more intensive like at a industrial property that there' be some sort of differentiation there and that's uh kind of get a more bit into why we wrote the regulation to to propose to you uh the way uh we did uh so there are the different level ones where uh with are the really lower AMP one that you normally would see at home these would be in pretty much all the districts uh level two again uh these are a little bit faster you're charging uh uh 1 to 2 hours for plug and hyri electric vehicles to 5 to 10 hours for battery electric vehicles uh get most of the district and then we get to level three where these are the 480 volt Plus 100 plus amp type of uh really really fast charging station where we kind of wanted uh recommend to you st that because of the certain risk or and certain regulation and put these into to try to uh restrict these to the industrial district a community facility District those like our parks and our business district and and mixed use and so forth um uh again noting the safety concern and conditions uh we do want to know that uh I'll go back to we think by EV capable and and EV SE so what we have heard feedback on from both planning zoning board members and the Very commissioner did we don't have a requirement in place to require a certain amount of electric vehicle boot what this legislation does is changed that it changes that on two levels those the first level it's EV capable what EV capable mean simply is that you have the uh capacity within the approved uh building plan to say for example a single family uh in the future all single family houses would be capable from a wiring standpoint to put in electric vehicle here it says there's no requirement that you actually put in one of your single family household uh and then so forth down the line when you look at uh our commercial properties and Industrial where commercial if you uh we want to make sure that you have the wiring capacity for 20% capability um and if you hit at least 250 spaces uh um you at least 5% of those have to be EV uh um these are similar to regulation that have been uh issued other cities um we did run these through electrical engineer to make sure that when it goes to uh the building permitting stage that these are actually viable numbers uh uh from especially from a cost perspective um um and uh that concludes the that presentation on the we're happy to take any questions uh uh from the commission okay first um public comment M clerk public comment is open all right no one came forward public comments closed Commissioners um start we'll start down M with commissioner Joseph okay have you had a conversation on how this would how FPL would see these upgrades or this this particular change sh code uh no we have not reached out to uh FPL regarding regarding this specifically no because there's certain programs that FPL would pay or like would that you would pay them a fee and then they will come to your house and they will upgrade like certain aspects of your house so they can be capable or whatever so I was wondering if they would I'm I'm supportive of it supportive of the change because I think this is the wave of the future and I think this is something we should have done and you know it would answer a lot of questions when it comes to the development coming down the tight but I just you I I I I think that in commissioner and that it's a good question from a program standpoint or from something that the public should know it's available uh I don't believe it's something that has bearing on uh a legislative uh standard as a matter of policy uh uh within the code on how we're going to require certain site PL but it is a good thing for the public to be aware of Bishop we could we could certainly reach out to fpnl we're talking to them about some other programs so we'll add this as well yeah because like I said this program exists they um they incorporate they know that a lot of and I and I know this is going to trigger certain people like the air they they they go after the Airbnb so they can be more attractive to people in our community so like if you have an airbn if you have an Airbnb they'll reach out to them say Hey you can make this EV capable so people that you know would more likely get that Airbnb I'm not saying that we should I'm against the air I am totally against I'm for not limiting airbnbs let me be very clear in in in our community but I just know that FPL has you know has this particular incentive and I think you know we should have a big a better partnership with the okay Mr Tru yeah my only concern Ed is that in residential they're not supposed to be charging in garages or carports and are we regulating that at all cuz supposedly that's a fire hazard when if you charge inside a garage you know like some they come home they charge it overnight in their garage it's supposed to be hazardous so we did put in a provision originally that um that that would have put that in place um on the recommendation of the planning Z board they suggested that that be removed and instead be regulated through building code uh uh um and and that process uh uh to check on safety uh during that process and so we we adopted uh provide you amenda copy uh as result of the planning and doning uh board uh recommendation so what you're saying was your original recommendation was that and then pnz took it away uh on the recommendation yes sir but but it's still going to be caught when it goes through permitting and you know it does allow that you know in the event technology changes and it's not you know they're not going to keep building cars to blow up in garages so you know as technology changes this won't be an issue no yes so you know it's just some teething pains for the moment commissioner SM Vice May smuckler no okay Mr Smith I just want to say that I think we're late bringing this and I think we should I think it's imperative I mean years ago you went to Sunny Isles and they have stations there right in their Community Center so I think um absolutely requiring and making it mandatory for commercial and um developers is imperative and I think that we'll keep an eye on it because we're going to have to have an airport in the backyard when they start having the flying cars commissioner John we want to be ahead of it thank you I had a question about have we actually activated them throughout the city uh uh uh uh sorry commissioner could you repeat that a lot of the stations I'm seeing are still kind of wrapped up and unused so um have we actually activated the stations yet um we are not certain of that on the on a city standpoint uh if uh we're commissioner we're still working through some of those permitting issues with fpnl and fact we just we just currently sent an email over to try to get a status I know they changed out a contract contractor uh because they were having a little few challenges but we'll we'll get a status of that and then also what was the profit margin so for some of the stations I see that there's credit card for someone to charge have we talked through that yet or we still working through that no um I think that that kind of uh result from a firm by firm basis and how they set up their business model uh I've heard quite a few conversations over the years with the other cities um that also not something that you were normally able to get and because uh profit models are kind of proprietary information that they don't really release because then their competitors could get an upper hand so it's not something that that would really be able to get very easily so from our end is really a service that we're providing it it didn't really meant at at much to it does allow the city to put in charging station but it's not mandating that we at the city provide the service that just open up the regulations in terms of requiring uh uh incoming development to have certain capabilities that will allow for future electric vehicle uh charging thank you okay um just ask the staff one more question real fast if we can if we do put in more stations does a half penny tax pay for that does that come under that umbrella um we'd have to work with CIT to see if that's an approved project um I'm not quite sure Mo okay yep we need a motion a second to approve okay and a roll call who made the second I think these guys took care of it all Michael made it I second there you go you're late to the game commissioner shernoff yes commissioner floron commissioner Jean yes commissioner Joseph yes commissioner Smith yes vice mayor smucker yes mayor Piper yes the item passes 60 okay we need a motion second introduce item 115 motion second okay and attorney thank you Mr Mayor and members of the commission this is an ordinance and first reading uh ordinance number 202 24-4 entitled an ordinance the mayor and City Commission of the city of North May Beach Florida amending the retirement plan for police officers and firefighter of the city of North Miami Beach by amending section 6.01 BN C normal retirement date and cost of living adjustments amending section 6.1a deferred retirement option plan providing for conflict scrier errors severability and providing for an effective date okay um Madam clerk very important Public public comment public comment is open okay any takers no one came forward and it's now closed and anything from the Commissioners are we have any kind of um presentation on this or this item U coming forward uh through the uh um pension board uh they're recommending approval of this um our um pension board attorney is one who helped draft it and and and set it up and it's essentially just bringing um uh uh our pension into line with the current drop program um that is available under state law so we want to make sure that we're our pension plan will now be consistent with that program in in its entirety and this is just CLE mayor if I may um essentially what ended up happening is in um back in 2016 when certain benefits were were taken back um and then given back to the the police in 2022 there was an inadvertent error in which certain employees hired after a certain date I think it was um before February 2016 or something like that um created a population in which did not meet the drop uh requirements that the other officers had and and is allowed through um through the state so in other words um I think it's something to to the extent if you have like 15 years of service um you're able to retire at a certain age or if not you need 20 years of service and so all this does is it realigns those um officers with with the tier that would allow them to um to retire in appropriate um age and with the level of service okay yes um motion to call the vote okay so so no other any other com any other comments from the commission no I know this is a different item but I want it to be recorded uh for the previous item I think it was one item that I missed as a yes vote thank you for the EV thank you sir all right so um we need a motion and a second to approve motion to approve second okay roll call please commissioner floron yes commissioner Jean yes commissioner Joseph yes commissioner Smith yes commissioner shernoff yes vice mayor smuckler yes mayor Piper yes passes 70 thank you all right Motion in second introduce 11.6 move to introduce resolution number R 20- 23-18 FYI you don't really need to read that unless you really want to Mo you just need to say second okay you're supposed to technically 7.6 doesn't say anything okay Mr Mayor the members commission this is resolution number r223 d108 entitled a resolution the mayor and City Commission of the city north Mi Beach Florida approving authorizing reappropriate Capital outlay outlay items contained in the capital Improvement program CIP authoriz as part of the fiscal year 2023 2024 final budget for the specific purpose identified in the CIP providing for conflicts providing for discrimin errors providing for severability and providing for an effective date okay thank you all right man to speak on this item yep um mayor vice mayor and Commissioners essentially um policy right now within the city is that if at the end of the fiscal year there is no active po that money gets um turned into the carryover amount which then gets back into the fund balance um this creates a little bit of an issue um in our CIP program um you all authorize various projects and and um to to move forward and because sometimes those projects might not go into construction or or other areas um there is a lag and so that money doesn't stay within the CIP program so what this does is it gives um it reinforces the commission's will to keep money dedicated to CIP projects with that project um and then um the only way that that money will be taken away whether there's a PO or there's no PO um is if the commission votes to move that um from that from a specific line item to a different line item more out of the CIP so it's giving you more Authority in that process okay um city clerk public comment please public comment is open no one came forward Mr Mayor okay public comments closed and anything from the Commissioners on this yes okay yes all right go so uh city manager and I discussed this um there's two issues here one is well there's a couple issues but one of them is the splash pool in Highland Billy I would like that to get started quicker than later um it's later for 2024 um and I really would like those kids to have it I like this the cameras to be in mishon park today with security that's imperative and um you know what I was thinking we didn't go over this Mr manager but the purifiers the air purifiers with what's going on with you know Co coming back and all that these are things that I'd like to make as a priority I may be I may be wrong here but this item is not about the specific things that we're doing this is about the overall I know but I looked at the specific things which I usually don't and it caught my eye okay and I wanted to put it on record because I felt it was important to protect our children okay with cameras I agree right away and with the purifiers with what's going on okay any other comments from the Commissioners yes Comm TR thank you Mr manager for bringing this forward I think it's you know a great plan to money that's allocated to leave it where it is and I think we're all for that okay any other I had a question um some of the projects like the library and different projects that are in motion already is there a way we can get a status update meaning are all those projects on track or is there potential that we may have to go into next fiscal year as it relates to the ones that have already been slotted for this fiscal year do you have the update commissioner it uh it definitely depends on the scope of work uh specifically for the library and the bathrooms I know that was a priority of this commission so we're working with Adeno on uh what that looks like and and uh the types of bath she's looking for and depending excuse me and depending on the uh size of that scope that may push into next fiscal year but we definitely started the design scoping this year already with her and uh we'll get you updates on some of the other projects as well so as to the point of for example when we approve this if it if it passes when it passes what will happen to some of the projects that may not be completed within the fiscal year so the monies will will then be frozen until they're eventually finished yes correct y okay thank you okay any other comment from Commissioners um if not we need a motion in second to approve so moved got a second second second okay and we need we need a uh Voice vote on this one yeah okay all in favor say I I any opposed passes unanimously excuse me Mr Mayor um I'd like to ask a question um what item is Mr Torres here for the police the camera for the can we move that now the children's Zone I feel bad that he's waiting [Music] here we we can um there's no there's no vote it's a discussion item um just to to give the um commission an update of what we're doing you're good okay he's enjoying hanging out with us okay all right so we char tonight's already ruined we need a motion in a second introduce item 117 promise to move faster now for you so so moved okay um we have our second also what 117 11.7 second second second okay all right Mr Mayor this is resolution number R22 24-34 entitled the resolution of the mayor and City Commission of the city North Miami Beach Florida Florida approving and authorizing a contract extension to the previously approved contract with invoice Cloud Inc for the purchase of an electric billing and payment software solution in an estimated annual budget amount of $612,000 and authorizing the city manager or design 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 okay um I guess um Andrea is here to speak on this okay might as well just stay by the front Sam you too good evening mayor Commissioners manager City attorney city clerk fellow uh so we uh this is pretty much the system that we use with our software for people to be able to pay online with credit cards and debit cards so we have been using this sofware since 2020 so right now we're just looking at extending there was a negotiation in the fee they usually charge 230 uh 2.3% but now they're reducing the fee from 40 cents to 15 cents that's pretty much what the item is wow okay w all right thank you okay second wait hang on Madam clerk public comment please public comment is open no one's come forward public comments closed okay and anything from the Commissioners on this are we all good quote question does this how does this work with the app that you guys have it's it works together with watersmart which is the app so we actually have three softwares that we use right now and those are the three wat Smart in voice cloud and uh Harris commissioner this is this is what accepts the um the payment the online payment itself and does the financial transaction all right if we're all good I'll take the motion second to approve I made the motion got the motion second got the second all right all in favor say I I any opposed okay passage anonymously okay we need a motion second introduce 11.8 move to introduce resolu olution number R22 24-35 okay a second second okay Mr Joseph all right Mr Mayor members of the commission this is resolution number r202 24-35 entitled The Resolution the mayor and City Commission of the city of North May Beach Florida approving a piggy contract between the city and Rexel USA Inc for the purchase of Allen Bradley and Rockwell Automation equipment in an estimated budget amount of $595,000 authorizing the city manager does a need to do all things necessary to effectuate this resolution providing for conflicts providing for scri erors providing for severability and providing for an effective date okay this good evening so this uh contract is going to assist us in replacing some of our variable frequency drives which are pretty much uh electronics that help us with the pumps and how we perform so we have a few that are from 2005 on the lime softening some that have become already absolete and getting some of the parts for repairs has become a little difficult so we're working on replacing them 17 of them so this contract is specifically for that and that's all of the water treatment plans okay great um all right so um Madam clerk public comment public comment is open no one came forward and it's closed um all right anything from the Commissioners on this we'll it up all right so we need we need a motion a second to approve I make the motion got the motion second second second all in favor say I I any opposed passes unanimously all right we need a motion to introduce resolution number R 20 24-36 okay and we need a second second okay and attorney Mr Mayor and members of the commission this is resolution number r224 d36 entitled the resolution of the mayor and City Commission of the city of North May Beach Florida approving a piggyback contract between the city and train USA Inc for the purchase and delivery HVAC products installation labor-based Solutions and related products in a total estimated budget amount of $625,000 authorizing the city manager do need to do all things necessary to effectuate this resolution providing for conflicts providing scribers providing for severability and providing for an effective date okay thank you um Sam Sam Z there you are okay something quickly good evening mayor Commissioners this will allow Public Works to replace and um provide additional assistance when it comes to the air handler units the air conditioning system for facilities thank you okay all right and Madam clerk public a comment public comment is open no one came forward and now it's closed okay anything from the Commissioners on this yes okay what you Sam can this be used to fix the elevator for the St in the back unfortunately no can we get an update on our air conditioner we'll do we'll do we'll get an update for your elevator okay all right um so we need a motion a second to approve wait wait it's too late okay quick no I just want to know about the library doors I was about to add that yes it also helps the the library dor as well that'll be fixed correct thank you okay all right so we need the motion in the second to approve make a motion motion second second second um all in favor say I I any opposed passes unanimously move to introduce resolution number R 20243 okay we need a second second second all right and attorney this is resolution number r224 d37 entitled resolution of the mayor and City Commission of the city of North Miami Beach Florida approving and authorizing the award of invitation to bid number ITB 23027 SG Operation Center pump Center Station improvements to Florida Design drilling LLC in an estimated amount not to exceed $1,150,000 authorizing city manager does a need to do all things necessary to effectuate this resolution and subject to budget preparation availability funds and providing for an effective date okay you're up good evening so this is part of the6 million 5year CIP projects so this had already been pre-approved we are finally ready to move this is also a portion that is going to come from the recently awarded uh Department of Economic Opportunity grants so we are ready to move forward it's it requires the same thing with there's some electrical components some valves that need to be replaced the float on the storage tank that we have at our Operation Center so that'll give us uh better operational flexibility when we have issues with pressures on this side of the uh system okay thank you madam clerk public comment is open no one came forward it's closed and anything from the Commissioners move to approve second okay all in favor say I I any opposed okay passes unanimously move to introduce resolution number r224 d38 okay um attorney you need a second oh we need a second I'm sorry you got the second here okay now we got the attorney you're pushing me too fast you're faster than me mayor members commission this is resolution number R22 24-38 entitled The Resolution the mayor and City Commission of the city of North Mii Beach Florida approving a piggyback contract between the city and multiple vendors for the purchase of executive professional search Services an estimated budget amount of $200,000 authorizing city manager does a need 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 okay thank you Miss Freeman oh oh public comment oh you you want you don't public comment no actually we don't need public comment on this one doing asking the clerk right public comment please excuse me um doesn't say public comment this one but I don't know I assume we need it so let's just do it to play it safe you all right is anybody hear public comment oh here we go no one came forward public comments closed and um you're out good evening Maran commission B bet fredman HR director and risk management director the item before you is uh for the executive professional search Services also known as head hunters um securing new Talent um across the United States has been a challenge so now we need to be more creative on how we find um great talents so um these search Services provide what we don't which is a network of individuals who may not be technically looking for a job but if we offer if they reach out to them they may be open to the opportunity so we're struggling in certain areas Like Chief Financial Officer um community development director and some engineering positions um Broward County has a contract with 14 different recruitment firms sorry make sure it's on there you go okay sorry about that um so bar county has uh a contract with 14 different firms and just a few examples is Alliance resource consulting which specializes in public sector recruitments um the big example that they provide is for engineering adk Consulting does recruitment level um positions such as Community Development and CFO uh gov HR does uh public sector uh specialized and um executive level recruitments again um again uh the CFOs and director levels the issue is sometimes they're overwhelmed with the amount of of public sector clients so with having 14 it helps out a lot as far as which ones you can use yeah so mayor commissioner essentially what we did for some of these positions just to be able to uh provide an estimated budget is we looked at the ranges for the various positions and then we just picked a high number of it uh because these contracts work on a percentage of the salary negotiated so we said it better be safe just use the high number of our range um so that we can come up if the offer is accepted and it's lower than than that high number then obviously the the fee is lower but we just wanted to be safe um and and provide what an estimated uh budget may look like um on the various um positions that we we've presented there okay um that's the whole that's the okay great all right Perfect all right any comment yes thank you Mr so these firms make how much from the offered position what's the percentage um it's anywhere from 25 to 27% man that's a high wow and it's for the the cost of the first year of the of their employment that's I'm just saying that's better than realtors make off selling homes just interesting I I I didn't know it was like that well okay that's a standard that's a standard it it is okay anything else thank you I hope this is one of the best monies the city spends we've been waiting over 6 months for this and to get somebody that brings in I spoke to somebody from another municipality and they H they hired two big um two big areas in their city and they have never been happier and I I said how did you get them and that was exactly how they got them with going through a service like this so I I really this is long long time needed because we cannot have these kind of positions vacant any longer I just think it's I hope it works that's that's my prayer okay well if they don't Place anybody we don't pay right oh there's guarantees yes yeah yeah and is there a guarantee like that the person has to last x amount of months before if um they don't last a certain period of time they'll either do the recruitment for us for free or there's some kind of discount they all have some kind of guarantee if the person doesn't stay a certain period of time okay great all right anything else from the commission on this NOP okay we need a motion second to approve I make the motion second got second okay and all in favor say I I I any opposed passes unanimously thank you so much um okay so next um btrs nothing and appointments um Madam I make the motion to appoint Trish Harris mure All right so we got we got a second okay um all in favor say I I any opposed passes unanimously did she know the motion for Phyllis pois to for Public Utilities Commission okay um second okay and then um let me just ask the Public Utilities Commission has regulations that they this one qualified the clerk yes because she's a manager I thought she wanted to be um code there's no there's no position on code right now yeah okay um all right so all and all in favor say I I any opposed passes unanimously long as she qualifies cuz management I didn't know all right discussion items um all right first 151 text Amendment for parking Mr ing Edie Bell maybe you don't like that head hunter conversation okay non-commission discretion donation request he is I see him I'm I'm a little low in sugar right now now you didn't think we were going to make it this far did you no text Amendment fromone get he wasn't there oh all right I'm so glad we're finally talking about this with been on my list to talk about with the with the commission since October um okay I've never seen someone so excited at 11:09 yeah um just point today at the current parking requirement result from the multi parking family parking study which we uh concluded back in uh August and September um um and uh some additional factors to consider from the from from the staff as well as some of the proposed changes to the code that might be uh that might result from this that increasing multif family parking requirements eliminating mix youth District lower the requirement uh lower end requirements right now and to regulate alternative parking methods so the current parking requirements are pretty much result in some cases uh less than one space per residential bedroom and Citywide code uh multif family parking requirements don't really apply to the mixed use District so there's where some of the imbalance that you see com into play uh I do want to note that there is a separate component for commercial parking but they would not part of the scope to the uh to to the uh uh uh um consultant um I'll make you District uh do require a lower minimum parking requirement and a uh than other district and a uh maximum parking requirement and alternative parking methods are not entirely regulated here um the uh multi family parking requirement uh use for analyses are what you see here from our code which uh provide for one space per efficiency one and a half for bed one and so forth um uh um and that's for multif family but under the mix use District they require even less parking than that at one space per any size unit so you can see the differential right there right off the bat um the multif family parking study um uh uh uh provided for a a look at onti parking loation but actually going out there and doing parking counts at uh various properties uh and they uh my predecessor had an initial list and then my second day in the job here uh back um we had a public Workshop where uh we were advised uh as staff to go and look at more location with then uh staff and the consultant work together to make sure we did those thatal accounts and each were located to a city varying in the age of the structure uh of property as well as um the uh density so we looked at everything from a townhouse more townhouse like development to the highrises um the uh sites are regulated under uh bti family Mi youth that we reviewed and Harbor Marina Palm were looked at separately because of the unique circumstances those were all the sites up there that you see all the uh multif family residential Department uh development that uh we had uh done count on uh back in November or 202 2 and again also in August um these were done from 9:00 p.m. to 6:00 a.m. at uh a 60 Minute intervals when you try to evaluate residential parking you do put it during those time because that's when people are more likely to be home after work or event so that's when you when you have that that's when you look at Peak parking and Peak parking is what's important and regulating parking and setting your standard because you want to look at what your maximum dressold is so when you look at the peak you have a better sense of what that maximum is um the Harbor Marina Palms are is neighborhood and Jason to b game bouevard that's why they were looked at differently both for high density um and both Ty have more parking spaces provided than are required uh even though that's the case they found that we found that utilization is still at or near capacity that tells us a big story right that we have to look at a regulation to what the minimum um these folks uh provided extra parking because they felt from the developer standpoint that they needed that extra parking space to make the development work um uh uh um and at time they still report dur an insufficient use but if they're looking at a if we're obing a maximum parking and a minimum parking that might be not be the best way to go if that's the current situation now the parking study does uh provide for results um where we look at whether the surpluses or not um these are the ones I realized and I apologize that they're really small on the screen before you uh but there's uh quite a few properties on there just that flan arm where they didn't really have a surplus or deficit uh um which means that they're kind of on bring and same for Tiberia apartment what that tells us too is that on the older lower density apartments are where ones where we have a bit more parking concern and potential for overflow um we then looked uh uh and re-evaluated on the basis of what the it parking generation manual says uh and pretty much uh at least half the property that we evaluated had some sort of potential uh deficit based on uh existing uh manuals so what the C study concluded with that parking utilization and multif family residential buildings are usually at a or at near capacity and minimum requirements of parking are sufficient to meet uh parking demand now the additional factors to consider include that today residential units have more full-time residents in the past than in the past and most household as well each adult resident now owned a vehicle that wasn't necessarily assumption in the past and when the code when the code from mixes were written we had expected more transer to come in over time that code for the Mi use is based on a Transit oriented Society we do not have that full-blown right there and uh most uh most of the uh uh um vehicular trips here are um vehicular uh most of the works are rular by how much well every day um you're going to see yes yes you can see a lot of f coming in and out of the city um wait can I can I stop for a minute yeah what we're doing this is a full presentation on parking I think we need to give it the time needed it's I don't think we can get to it right now I think this is going to be just to give some direction right correct right you're not you're not voting on anything what we're trying to do is get to get to so that we can have the discussion of what the ask um is from the parking study so that you can have that discussion of um where where we currently are and what is the recommendation and to see if that continues to fit your need okay then they can move forward and beat it up after but I would agree and all honesty and I I understand at this hour and we appre I appreciate the fact that he's making the presentation but this is this is a 20page presentation I mean well you're 14 pages in but right are we really receiving everything that he's saying I don't well well well listen let's let him finish and if we're still uncomfortable with it we can always bring it back again but it would have to come back regardless right it's going to come back something but at least now we can give some Direction when it comes back it's going to be closer to what we need at least now we don't have to say what happened to the parking presentation we're that's true too um all right keep going let's see what we all right uh I had intended to finish this in the next like three minutes that would be lovely right now the St is recommending based on what I was describing to you that uh the proposal is to increase uh parking space to one bed from one space to bedroom to add requirements uh uh to the bedroom and to provide for guest parking right now it's one for turning spaces uh that would recommend one for uh 10 spaces uh we would uh recommend you that uh the uh proposal there to eliminate maximum parking requirements and to uh revert the mixed use uh item so that all district will comply with 24.95 um right sorry um in addition uh to provide for alternative parking method within the code that uh including for uh uh to D people away from parking on street and public L to a deal with tandem parking valet parking and Feb Park regulation that we currently do not have part of this is because in one site that we saw uh the parking on the street is free the parking the extra parking within the uh site Automotive parking within the uh uh parking deck it's not free so let's use common sense here if I don't have to pay for parking where I'm going to park first I'm going to park on the street and then when the street is full then I'm going to pay for parking and so there that's where we kind of have to look at this a little bit differently from a market uh uh uh base look um you know there's a aspect of ton parking of uh I'll providing for that to code a little bit more go back to that you pass you okay thank you to uh provide for uh a uh um a limited two tandem inline parking spaces um if you have multif family units uh providing for two and allow them to be still the same unit and regulating that a little bit differently uh valet parking uh which will help with uh circulation around got be in site it also whenever you have tandom parking you want valet Services obviously uh the aspect of vehicle lift as well the when we have mechanical list which we don't really regulate as well on the code and if we can put those in you're going to want valet services and of course like I mentioned with the market aspect fee based parking regulations uh we know that free parking spaces will fill before fee based and uh we want to see if we push to you to uh recommendation to regental parking requirements for free parking available with 500 ft to say hey don't charge for this because you're pushing it onto the the parking on under the three um and with that three minutes actually less than three minutes okay all right great so the um the the the next step in this would be and then we'll let the Commissioners have some questions but the next step would be what that you would bring to us what would you first reading first reading okay based on that and then we can kind of if we need to beat it up we can beat it up at that point but we just got to make sure we like the overall idea of this whole thing go ahead commissioner John I wanted to add that um what would be helpful is for you to give us a really clear comparison as it relat to what you're proposing and what the current um what the current ordinances say are required so I think the presentation was great as it relates to the historical perspective but I don't the options were not as clear so a comparison would probably be a great um step forward so we can actually analyze it before us okay uh would it help commissioner if we were to take a specific example of a development this commission had to approved and look at it from that standpoint not necessarily because some of the for example the 1.5 Vehicles right this has been AO of contention in the past so would would the option be to have a full vehicle or like you mentioned some of the Alternatives as valet and and the tandem parking so it's not necessarily clear are we actually increas ining the the number of cars so it can make sense as it relates to half a car or a whole car you see what I'm trying to say so in that sense it's not clear yeah right as a know we we do uh we do round up during the process if you have to have a vehicle because we know we can't have half a vehicle uh but uh I I'll just try to see what the best way to formulate a comparative example that suits your your needs are yeah and and and commissioner just a quickly answer uh just because it's literally in front of my face so for a multif family uh where we ask for one and a half spaces for one bedroom two bedroom um or two spaces for three bedroom or or larger basically what we're doing is we're saying one space for an efficiency Studio or one bedroom two spaces for two bedroom three spaces for three bedroom four spaces for four bedrooms and then an additional one space per 10 units for guest um spaces right so we are in increasing the amount of parking required um and and like Ed said we're rounding instead of 1 point no one has half a car well I mean they have it but it's not allowed to be on the thing right so we're just rounding that up um so that it makes a lot more sense as to um the number that's needed um and then we go into um in other areas as well um so we do kind of break that down but we can have that side to side comparison of what those are for you all okay so and that'll that'll be in in the document for the first reading correct yeah okay all right um You Were first we'll go next okay okay I love you too's he's no I just had a um the live local does this would would this impact this at all no Li local only looked at wave of the density uh from my height and density perspective you were still required to meet other aspect of the code everything from step back to parking requirements although there is a provision with live local where a community may opt to use a um a lower number it does encourage that if they submit that you can adopt a lower parking requirement but it didn't actually require you to do so per se based on the letter of the law and commissioner we'll be giving a presentation at the March um agenda with regards to the impacts of live local on our code okay all right anything else or [Laughter] so two developments Marina pal and another one put in extra parking of their own valtion how much extra did they do based on what the old code was we have here and the new code we're doing um right honestly off the top of my head I couldn't could you you find that out for me and that to me because they have if they have sufficient parking a four bedroom four cars just as a thought because I've been wanting more parking required when the developer builds but for parking one would usually be an office maybe one or two would be for children it doesn't mean there's four adults driving in that facility although the children grow up and they're 16 and now when you're 16 you get a car immediately so but here's the big thing a developer really can't sell if he has no parking for his people I sold a luxury unit on Bickle and the they got three parking places but one was tanum so when that car wanted to move somebody in the house had to wake up go move their car back to get them in so and that's the way tanm works so that might be a viable way to get more parking but it's not necessarily a way to get units sold and to not have vacancies so I would also like to add before you come back what's going to be and is it going to stay the same the ratio because these are mixed juuse so at the bottom level they have the barber shop they have the little cafe they have the bookstore so how many do we have adequate parking put away in the building for the Mixed juice and the users that's that has to be part of the requirement change too right I do want to I do need to mention from staff standpoint that um the study that was funded um we only funded as the city the analysis for the residential portion of such analysis not the commercial portion so that would we're trying to tackle the res portion now but the city never funded the commercial rev uh parking review at part stud because one one parking place per 10 units or 10 whatever for visitor that can easily be eaten up by the commercial area that's where we try to look at it holistically we would uh say that in that regard uh we can review it further and get back to you uh on this uh there is a mod come of uh deoration in the parking code regarding residential and parking uh that would uh but we would have to review that further uh I'd really like to get this right I really would because we have been wrong about it for such a long time and I'd like to get it right when we put it on the books now that we can breathe easy for the next 10 years with developers coming in and people you know and and the big thing is is that how many does it really require who knows who knows but we have to make the best estimate we can make and and I agree with that if mayor just indul me for a quick second um we we are recommending from staff based on the recommend uh on the residential portion because we see a deficit there I do want to know to the commission that um a majority of the project approved in the past year have very low mixed youth components and therefore you have a pretty high onus on on High level Demand on the parking portion when you have development that been approved of only a th000 to 12,000 Square ft versus uh over a thousand residential units that's not CH overly looking into the commercial portion which can be uh reviewed and changed at a later time is it necessarily going to get you a a much as much of a difference that you may think given the the the pattern of what we have approved over the last uh 24 months what we'll have an immediate impact is to tackle the residential parking now and try to get that because when 95% of the parking demand 80 to 95% of parking demand is residential you're going to see that play out very very quickly we still to get we still to get straight cuz 450 or 425 linear feet of of mixed use in the project with three different buildings right so we still have to consider that yeah understood ma'am and we're going to look at that and and get back to you uh with the best answer we can we do again need to know from St standpoint we were never funded on the commercial aspect of the study and it would require inest study but we do recognize that the residential parking has an issue now and we're trying to bring for you the best possible solution based on the data we have okay so we're going to move forward I hope with our input you have a little more Direction and um you'll bring it back closer to uh to the finish line so that'll be awesome thank you I don't really think we gave much input well they'll bring back the best they can and then we'll just do we didn't give any input he's not going to change anything because we didn't like like commissioner Jean wants to see the comparison chart right but when they bring it back they heard and they're going to have a comparison chart when they come back and then the comparison chart is I think is when I'm going to start saying no and that's fine we expect that okay so then we'll do this five five more times the purpose of if I may the purpose of tonight's presentation was to get um feedback from the commission that we're headed the staff in the right direction which is to increase the parking requirements uh for new development particularly on the residential side uh as the as the presentation indicated the recommendation was to increase the number of required parking spaces for you know um all levels of of residential unit sizes uh one bedroom two bedroom three bedroom um I there's one of the slides had had those numbers so the the what we're looking for is that there's consensus among the commission for us to then start taking pen to paper and putting these numbers down on a draft ordinance we didn't want to go and spend a whole lot of time and energy if we weren't headed in the right direction right but what I'm saying is if he's going to come back next month let's say or in two months with an ordinance and we're going to sit here again and start changing things around that's the that's your prerogative then I don't think he should come back with an ordinance maybe he should come back again as he did tonight with the information before he makes an ordinance but we have a lot of options when he comes back we it could be it could be changed it can come back for you know that's that that's the entire purpose of the the presentation is to say do we need to work more on the numbers or are we at the point where the commission wants to start seeing us draft an ordinance if the cons if if the decision is continue to work on the numbers and I you know I'm not trying to you know it seems like we're kind somewhat split still on whether or not it's bring you know continue to work on the numbers or um you know give us some examples or uh we're ready to start putting pen on paper to draft ordinance if we bring something forward at least we moving along if we don't move it forward and then next meeting we have a big agenda and then we don't get back to it again it might be several more meetings before we even start getting it drafted so if this is something that it's clearly important it's an issue that comes up every time we have a development that there's not enough parking here's an opportunity to fix that problem without having to do anything I think we're moving in the right direction doing it I I don't see where where it could hurt us I wanted I wanted to add one two things if they can give us in addition to like he mentioned the options since there wasn't a study for the commercial giving us those options in addition to the changes in in residential will also help allowing us to see those things outline if you guys you mean the commercial the commercial go under a separate item we don't have we don't have the data for or the study for the commercial but for example the items like the the valet and the tandem those can still be considered in in the equation right of our on the residential portion yes residential okay and then we're going to keep moving okay I I don't want to disagree with our attorney but you know when you say the purpose was M Toc to increase the parking we've been talking about increasing the parking up here for the last six months so that wasn't the purpose I don't think I think the purpose was to show us what you have so far and I agree with commissioner uh vice mayor smuckler to show us what you have so far and to get our input what else is missing because I I can't imagine that we're going to do mix use buildings and not have some kind of handle on how much commercial has to be a part of that so I'd like to get it right and I I really if it takes one extra month after been went harping on this we would have to do a study and that's going to take several months and we would have to find funding for it why do we make some phone calls just some phone calls to Sunny Isles what are they doing and to Hollywood what are they doing why don't we just start there without doing a study that's the way I do it at home why don't we just make a couple phone calls and get an idea what direction and then we can spend 100,000 or 150,000 on a study if we really need it I mean I it it's not a complicated thing there are people building all around us how are they doing it what are they doing so I think that we need to have a handle on the commercial too we can't build the building and approve it without just just because other cities doing it doesn't mean that that they don't have the same issue that we have but we need to have that information provide you what surrounding cities have for commercial however um and and Mr attorney and Ed correct me if I'm wrong in order to amend our code which has an impact on our comp plan and so forth and our zoning code in that area we need to have a Nexus and State statue essentially requires us to have all of these studies done with an Nexus to what that means and not just randomly picking a number because this city looks like it's got its head straight and so we're going to just C that's a different story the fact that I didn't know the state requires it that's a whole different ballpark but then it needs to be done in conjunction if we build a building with the proper number of parking places for the residential and yet we have 475 feet linear feet of commercial and don't have adequate commercial they'll be parking on the street for the sake of the discussion we can at least point to to show what the comparisons are um so that you can see and we can at least be able to see how far off if we are off on on any of that um but if we want to amend the code um to address to actually address the commercial requirement for for parking we'll we'll have to discuss how how that goes I think overall what's going to increase in the majority of the buildings even though there are commercial components to the mix use the majority of the buildings are still residential buildings um um and and that is where the highest amount of traffic you're going to see for these and so even though the direction is we need to continue on the commercial side making sure that we have the residential because as we continue to have more and more of these projects come up having that residential component is going to help alleviate um even though the commercial might be lagged behind well there's two issues I thought the first issue and the purpose of this is to get the cars off of the streets and off of the swes and off of their neighbor swes so that's going to be a positive the second thing at least commercial is not there overnight the majority of it will not be overnight so it won't be on the street but I think that it's something that has to be thought of seriously in conjunction thank you Mr Mayor okay all right so we're good we can move to the next item all right um 152 non-commission discretion donation request mon good evening so this request is um coming before are you as part of resolution 2014- 68 which dictates uh the policy governing charitable donations this is for donations that are more than $100 and are from nonprofits um separate from any specific donation request that you get as a commissioner directly these applications came in there's three um one was from gude elderman slst palom elementary for $11,000 for the of Excellence event uh there was a human Humane Society of Greater Miami Dade County for $88,000 to assist with their operating expenses and the last one was for the ancient Spanish Monastery Foundation um asking for $10,000 to assist with payment of staff salaries and operating expenses and so um as the resolution dictates this comes before you for a decision okay so um um can we talk about how we've handled these things historically [Music] and what's the funding source yeah that's what I want to know I want to know what the funding source is as well well um it it would be coming out of fiscal year 23 but we don't have an identified funding source okay so at this point it if I'm not mistaken it would be fund um fund balance it be a what fund balance fund balance oh okay reses uh Citywide yeah so so we don't have anything there's nothing budgeted or anything like that so these requests come just in general we have a process that allows people to apply but there is no pot for these types of request right so so essentially what I'm hearing is is that we don't really have the funds for that at this time is that you know without like going into reserves and stuff like that is that sort of what I'm hearing yes sir yes okay in addition um I know that I through my leftover money in my contingency account I give those were those were all uh released um any any requests that went to directly to a commissioner that you all did through your contingency funds those were all released um these were just the items that um um are not not made directly to one individual commissioner and they're just Citywide requests okay but I've given to two of those organizations I and I'm sure possibly some of my others have as well as well okay but but so let me understand so so the what you're talking about the big numbers is somebody some organization requesting it none of us appr no no this they reached out saying hey they want extra money we use the money if you got it if you got I understand the Spanish Monastery standpoint um um you know even though I didn't go to the um Gala the Gala or whatever I understand that you know that it's it's drel in our city I know that um they have been experiencing some Financial need in regards to Staffing your mic on oh sorry they've been um they've been um in U they've been suffering Financial need for quite some time I know they are part of the our DNA here from different events that we hold here may it be through our league of cities events or chamber events in that sense so I you know I just wanted to add that s can we can we table this until we have a clear funding source more research I mean I think that I mean I look the all these organizations are great organizations and near and dear to my heart I'd love to see how we could help them um but on the other hand I don't know that it's smart to be using Reserve money for something like that so um so yes I think we need to clarify a funding source yes thank you so um the the school wanted $1,000 what was that for CU I gave $1,000 to each PCA for my contingency so was it something special that the school needed yeah I believe this is a event that has already transpired it's listed as the night of Excellence event okay so it already went on and they did it without the funding perhaps okay if if I may sh some light you know just I want to add something please going off of off of memory because these your individual request get routed through the city attorney's office the city manager's requests all three of these entities that are requesting funding that are here before you tonight one or more of you one or more of you gave to them through your offices okay I want to add something though there's two um two different organizations there that are asking for some considerable money but one of them the Spanish Monastery gives to North Miami Beach free uh if I if I can piggyback on what commissioner Joseph said they give to free they charge I think um $2,500 or more maybe 4,000 for the use of their rooms and when we have events they give that to North Miami Beach for free no that's not true how they don't is it a reduced cost I thought for the league of cities they charge yes okay so then I was misinformed because I thought that they give a lot for free but what I want to say is both of those organizations put are on the map for North miy Beach so maybe we could vote on giving them less but giving them something is there any money where we can give them something because for instance the main society there's only two in Dade County one is here and one is in South Miami so the people come here look at the puppies get lunch get gas I mean and unfortunately that's a funny business because those animals have to be fed whether they make money or not and there right here in our yard so is there something that we could do to can we consolidate yeah that's I'd like to know how much we've given them yeah already just as a group yeah yeah I don't have the numbers right now okay so so maybe for the next meeting if you want unfortunately I think we're up against the clock um these are coming through fiscal year 23 and we are closing as we're in the middle of our annual audit uh so a decision has to be made unfortunately to to vote it up or down and then my concerns are that you know every organization is going to start asking us and where do we draw the line the thing is at the moment what he's telling us is that the only way we can do that right now this year is going to be you know because it's going to be in the former FIS year saying if we give them it's going to be using Reserve money was there carryover from 23 I think that's a good question to ask the carryover in total I think is estimated at 2 2.6 or 2.8 million um and that money is being dedicated to Washington Park oh to what Washington Park but I'm trying to say is that if we give them now you know next fiscal that year or this current fiscal year you know other organizations are all going to start asking us and where do we draw the line we have to be careful about that I I I agree probably I think that this is a a bigger discussion because it's sort of true that if you give to one then why aren't you giving to others right you know and and if I think what we do through our own offices um is you know some that we can you know that we have that discretion on our own so we certainly can try to do the best we can through our own offices but as far as this is concerned I don't really I don't like the idea of hearing that we're doing it out of out of reserves and um I guess we can always have a discussion of having a budget or like later on May during the budget season have a set amount of money for that right but I understand we could we could we could if I may I know um in another municipality where I worked they would as part of the budget process set aside a a set amount of money every year to and and they would have a cycle where you know you submitted within a certain period of time here's the form go online fill it out provide all the information then you all decide who gets money who doesn't and that's it cycle closed and the money's gone and you know everyone has to wait till the next year okay now that doesn't prohibit you all from using your individual money throughout the year if that's if that's what you wish to do but it gives a process to like for nonprofits that are looking for these bigs amount big amounts to go and and then they'll come before us and then we'll vote on it okay so so are we saying that for this you know I want to just get a quick idea on the General's consensus so we can give some direction is this something we want to basically we're not really in a position this year to be dealing with that so we'll be looking at it again we revisit again next year could we present also the thought of maybe lowering it to couple th000 for those two organizations and and do find $5,000 somewhere I second that to with the exception of the PTA right just the two yeah well the PTA already so just because they already already happened right and I I did give to them so you want to do 2,000 you want to approve 2,000 for each no she said 5,000 5,000 each 5 five or five total said one was four one is 8,000 the other one is 10,000 right whatever I can get from the managers looking into his crystal ball 5,000 each is what I thought I heard well half of each one is four one is and and that would come out of fiscal year 24 budget sorry when would they receive the funding it would come out so what I would what I would request is that you vote this down and then um request that staff identify $10,000 to be equally split between the Humane Society and Spanish Monastery out of fiscal year 24 um to be able to to give as a charitable donation under that amount with your direction already then um I believe I'll be able to do that um all things to effectuate I'll make that motion corre second okay all right all in favor I all right you got your you got your direction we only have you heard that part okay yes sir we only have 15 minutes actually 14 minutes left so um let's move on to the next one if we can we still have him there yeah he's right there yeah close out with him St okay which one is that going to be which which so 15.7 157 okay 157 school zone safety program get and um acting Chief and isn't that the last one yeah well there's still no we have still have more we have two your your two items if you want to talk about them remote participation and trolley and let's get the tennis center if we can well let's Che the school thing is very important that that is no the school thing Bring It Forward yes approved all right as quick as possible um so just just overall to set the background um the State statues have changed which allow for red light cameras to operate within school zones um and to ticket for speeding not for just passing the red light but for speeding feeding itself within a school zone but that's under exact times of drop off and and pick up within those school zones automated right correct sir um and so what we're recommending um Chief can go into any of those details but um just quickly um we already have red light cameras within the city uh we have a vendor they've been performing well for us um we believe that there will be a Synergy between keeping the back office and the process the same instead of having different vendors and different processes going on um and so the recommendation uh that we would like to bring to you all um would then be um to bring our current vendor um you can go into who it is and and with with the updated contract um and the locations for the schools and I I have a quick question please Mr Mayor what happens there was a resident that commented earlier about the ticketing the delay in ticketing and the actual offense in real time can you address that I don't know if you're going to address that as it relates to will officers still be on the road okay uh first of all uh good evening major Vice major and members of the commission answering to your question uh just first of all I want to tell you all that the the safety of our of our kids and our residents is our foremost our top priority and this is going to be very important for us in regards to that uh we do we do look at the tickets but it it all boils down to what the violation uh is uh the capture of the violation there's always someone that reviews it to make sure that it is a valid violation if that's what you're asking so if the effort is duplicated meaning they get stopped in real time but also the camera Picks Them Up uh if you can rephrase that question CU I don't know exactly what like let's say there's an officer that catches the speed and and and stops that person and tickets them but the red light camera has also will capture them and they'll get a ticket in the mail okay so you have so what you have is yes that the the automated system is not going to replace an officer it's just an additional tool right so whether officer sees it in real time or whether we see it in video the person will still get the ticket no no no that's not what she's saying what she's saying is the officer pulls them over gives them a ticket but the red light camera also gave oh no no no no that's not how it will work no it will not be it will not no no double dip it no not at all not at all so just so you can you're understanding if we are going to have a a a an automated system let's say at uh Sab Palm that that camera will be located at a specific location the officer will be at a different location as well so it's not like you can have the officer and the camera at the same place to better answer your question so there will be not a double ticket um good so this is this this particular system operates just like from it's the officer will be reviewing uh the footage after the fact and then issuing the the citation or the company would be issuing the citation and and if you can explain the process because I need some clarity on it because I've seen you're worried about the double dipping no no not double dipping I'm just saying like once it's automated right so the car passes by it's it clocks it I know it's like up to five if it's five M what's the what's the limit five miles above for the ticket is 10 over 10 oh wow so that's interesting over 10 yeah that's pretty speeding don't so the the so right now um school zones around 15 miles an hour so if it crosses 25 then it it tickets you right yes now I have the rep for uh explain he can explain to you a little bit more have Oscar tourus here he'll be able to explain he's from the from the red light ticket people yes good evening and thank you for your patience uh my name is Orlando Torres my name is Orlando Torres I'm with real Mobility I've been your partner in safety with the red light camera program for over 12 years now so I can speak to the program itself the operation itself certainly answer any questions have so so the vi the violations the way it works today and and in photo enforcement this is an additional product for safety you'll be able to add to your your program so this is really another tool so the way it works is just like the red light cameras we will capture the violation roadside that gets put together into an package that your officers will review and the officer will say yes that meets the criteria for a violation issue it or don't issue it so we provide the data the information the images the video they decide if it's a violation or not then we we process the violation and send them notices out and follow the rest of say hey if you pay this fee uh the statute requires that there's a fee to be paid it's a civil penalty just like the red light cameras so no points or anything like they say hey I don't want to I don't want to pay you can then you'll transfer it over to this so the way that that works is they have multiple options number one is that they can decide to just see the video online and decide to pay it like they do today for photo enforcement they have the ability to transfer liability it wasn't them driving the okay that happens a lot or they may they may ask for a local magistrate hearing and say I want to go before the local magistrate to explain my case or they do nothing and eventually becomes a uniform traffic citation still no points no nothing goes to the insurance but those are the four options that they have in that in that cite and the the ultimate decisions made by the officer it's not someone sitting in Arizona drinking beer and never has been that's why the Supreme Court you know put photo enforcement in Florida for red light cameras they voted in favor of it because that's always been an officer that's been doing that same for your program as the others from statistics because like um we have how many schools that would be I believe you're looking at three schools if I remember correctly uh yeah three we have three think you're looking at three of those and we actually have completed a speed study that that's and that's the thing that we will that we did on just just to do it so you have good data to look at and and that'll evaluate and it showed what you probably already know that you've got a problem at at two of those three schools one of them I think it's Sable if I remember correctly the name but one of them has a real problem where in a three-day study in a three-day study they had over 700 violations in each Direction so that's probably something you knew you had a problem the technology and the statistics will show that you haven't even bigger concern that you might have thought could we discontinue the program at any time let's say we we do it no penalties to us or anything like that so there there's contractual language that we will build this out there's absolutely zero cost zero have five more minutes zero cost zero investment in there but there is a there's contract language that'll speak to the termination clause and there's a certain like you do with the red light cameras today we can provide more details as you may want on that motion to extend the meeting 15 minutes how much is it how much are we talking about there's no cost to to to put the program up and up and running no cost okay but then you get a something so the way that it works the way that the the way that it works if you've got the time I'm happy to you know if you've got the time the way that it works is that there there's multiple options the statute allows you to do a a a split of the Violator fee so what we would do is we would negotiate we would negotiate a percentage of that the fees is $100 $40 goes to the state and whatever they do with the State Department of Revenue keeps 20 they distribute the other 20 elsewhere you get $60 for per violation we will partner with you and do Revenue share of that or a violator split of that $60 for every violation that gets paid so if you don't get paid you don't get built can we lower the threshold those that's State mandated what's the for what's the forecast from what you from your traffic study so I I shared it with the with the chief and we can provide it to but I remember specifically that the one the one for Sable had over 700 in One Direction over 600 in the other direction in a three-day study the other the other one averaged 87 and 79 and then it was one that was much much lower than that so you've got two schools that have a danger going on right now that's going on every day and what we will do is we'll program the cameras to operate during the enforcement periods and then from there again create the violation your officers approve it and there's no bill until that violation is paid to you that's how these program excuse me just one second so we got five minutes left quick decision do we want to extend or we want to just end end with this item and leave the rest of them to go to the next time yes that's what we're doing manager manager is there anything of urgence that you want us okay I just I I'm very okay there's a lot all right four four more minutes and we're done sorry the reason why I'm this because I know that uh on 15th Avenue it's it's a it's a very big it's it's a very big problem um it's not too far from from my house or whatever like and I know we have crossing guards and that light that's been you know programmed or whatever but I'm that's something that we we really need the idea here is to be able well today you do a police enforcement and they do a detail and they catch a few people on a particular day and then the next day goes back to the same thing these cameras will operate each day so that an officer can be freed up to do other things in the community and we'll track multiple Vehicles up to 100 vehicles at a time to make sure all violators are being tracked and captured the one that you said on 15th Avenue in One Direction had 729 violations in 3 days in the other direction 678 violations in those three days so you've got a lot of people violating those are we in favor of this guys for as a general rule absolutely and and one I want two more questions real fast one is those are two County Schools we could still put it where the county schools are yes ma'am and the second question is didn't day County just pass something in the school zones that so day County schools and the county un Incorporated County they decided to do the speed enforcement as well in those unincorporated schools and the thing with our public is it has to be they have to be notified that they're there so the statute requires a 30-day uh warning period but we do a three-month before the program ever starts communication public Outreach to be sure the community knows exactly why you're doing it what's happening how to deal with it and what the value of it is so if they never get a ticket it's okay the whole purpose no they're going to get Mr manager so how does this work next is there going to be a process where there's going to be a m Mar m Mar okay so to what we need from you all is direction to move forward we need to draft an ordinance you all adopt it and then once the ordinance is in Place uh we'll bring back the First Amendment to the contract to expand the existing contract with the service provider to go from red light camera to also speed zone all right so if we need to beat it up we can beat it up at ordinance motion all in favor say I okay all right and then while we're at it have about a motion move to turn thank you have a great evening very much