the broadcast is now starting all attendees are in listen only mode good evening everyone thank you for joining us we are now going to commence our 6 PM evening session of the regular council meeting May 8th 2024 the time is now 6:11 p.m. Madam clerk please call the role Council M poras here councilman Rafael Pino councilwoman Cal here vice mayor Oscar mayor chrisy frag present please rise for the Pledge of Allegiance led by councilwoman bases na indivisible andice okay we don't have an invocation at this time but I would like to um ask for a moment of silence for the family that lost a young man yesterday from JC Bermudas High School um janalo vas thank you all I'd like to quickly also take a moment to recognize the GU the gayos family that's here with us today George and his wife are here and just like to quickly recognize them as well thank you for being here okay we're going to go ahead and go into agenda order of business now if there's anything that we need to add or move through the mayor yes can we move 6j to be discussed first the vendors were here in the morning and they're here too yes anything else okay just to remind everyone the order for this evening will be right after 6j we'll hear the uh public hearing items and then we'll go back and take up the regular council meeting where we left off okay okay we'll Now open up public comments the public comments portion of this meeting is now open anyone who would like to speak on any general topics anything on this agenda or anything gerain to this Council now is your opportunity you have three minutes to speak please approach the podium speak in a respectful manner to this Council if you filled out one of these White cards I will call you when your item comes up I think that they're all uh identified by a topic on our council meeting okay being no general public comments public comments is now closed and we will go ahead and take up the first item which is 6j item 6j a resolution of the mayor and the city council of city of draw Florida approving the award of invitation to negotiate ITN 20245 for independent it audit service to Enterprise Risk Management Inc as a top rank proposer authorizing the city manager to negotiate an execute an agreement with the top rank proposer is to expend budget funds in connection with therewi furthering authorizing the city manager to negotiate and enter into an agreement with the next highest ranked proposer successfully if an agreement can not be negotiated with the top rank proposer and providing for an effective date this was pulled by councilwoman poras thank you mayor I pulled this item so that we could speak with the vendor through the manager the vendor can come up hi everybody I'm Sila Gonzalez I'm the president and founder of Enterprise R management we're a cyber security company we've been in business 26 years uh the office is in cables and we serve 39 Industries worldwide uh including a lot of government so I'm pleased to be here to answer your questions thank you for being here and thank you for accommodating us I know that you were here earlier and our meeting to strand really over the time um so I appreciate you're being here my question really just regards the timeline of when these uh the results or the report could be produced I know that the the scope of the work is very is broader than than the it incident that occurred in in January but specifically for the incident the audit that's going to take place regarding that incident what would be the timeline that we're looking at to get some sort of you know final and comprehensive results well you know when you're doing an investigation um a forensic investigation especially like this that is many years it's like six years going back um it could take some time but I also understand that it's limited by a number of users and folders I discuss that with the people that work with us and we think you know with in a matter of probably no more than two months or one month should be done and I'm just considering also the fact that when we work with government because we do a lot of work here Miami day County Brower many cities and all over the United States uh it's a little bit slower you know the coordination but I think you know you we should be able if you guys help us to provide information quickly to uh take a look at the scope make sure that we understand the scope of what you're looking for give you an you know if we think it's a little bit less we'll tell you at that moment we also need to see the if all the information is available because you know we have to go back in time to look at a lot of logs and a lot of information that we don't know if it has been properly preserved and even if the logs are there we need to make sure that all the information that is relevant is there but I think we should be able to help you within a matter of a month and a half two months for the investigation the the audit that you're requesting is very very basic for us we do this all the time all over the nation and it should be done in a matter if you guys work quickly in a matter of a month we should be able to have it ready but if you have delays you know we cannot control that we need your your help y That's helpful thank you and that's all as far as my questions I'll put in a motion to approve we have a motion to approve by councilman poras second second by councilman Beno Madam clerk please call the role I just have one one question you said that if there being any delay on us to be able to provide the information so just to understand for me to understand a little bit so you just will come in and you will request uh what is it that you need and it will be able them to provide it do you have a list or you will come with a team and we treat everything the way it works you know when we have an engagement of this nature you know we set up a meeting with you at the time that is good for you and we have a kickoff meeting to go over the you know everything that we understand that we need to do and to clarify the scope uh of the engagement especially on the forensic investigation any details that you might want to add at that moment so that we have total Clarity from both sides at that moment we will send you a listing requirements of everything that we need uh in writing and if they have questions they can ask us for you know things that they don't understand all the information will be provided in a in a secure manner uh so that we can then evaluate the the evidence okay so then let's say everything is approved tonight then as soon as possible you will be able then to gather the inform or request the information from it and you said that it will take around two months yeah the sooner you start the sooner we can finish if if we're efficient from both sides we should be able to do it in in a short period of time and that will be the two months it will be only to ret might less it might be less I'm I'm just putting some cushion there because we work with a lot of government and we know sometimes it takes them a little bit longer to find things that we need and the meetings back and forth okay okay thank you for answering okay anything else yes um just to clarify we still do need to negotiate the contract but we will put a priority on that get that exped perfect thank you all right any other questions okay being none Madam clerk please call the r motion to approve May by counc second byoun Council poras yes Council P yes councilman yes cor yes mayor FR yes motion passes okay thank you very much okay Madam clerk let's go into the public hearings yes item 28 first reading ordinance number 20245 text Amendment Revis alcoholic beverage regulations George casto's ordinance an ordinance of the the mayor on the city council of city of D Ford approving denying text amendments to City of D Land Development code chapter 74 miscellaneous and supplementary regulations Article 4 alcoholic beverage to revise alcoholic beverage regulations providing for repealer incorporation into the code cability conflicts and an effective date okay thank you madam clerk um I'm going to go ahead and just open up and then I will turn it over to the um special Council of the for this um as we all know there was a um tragedy that happened in our City on April 6th which prompted us to take a deeper look into our um alcoholic uh beverage sales um text in our code um therefore I uh we had a workshop we had several comments and discussion special Council was brought in and I've been working with the city manager's office as well as special Council planning and zoning um and I know police has definitely put in their com their comments too um to amendments to this ordinance in very basic terms um and I think that this has been spoken about already at nauseum um but what this ordinance would do is roll back the hours of operation for certain establishments one of the things that um I I really clearly wanted to do when looking at this was identify and be very clear and specific about what establishments fell under this and and so on page three of the ordinance under Section 74183 section B alcohol beverage establishments we made a change to reflect the um categories that would fall under these qualifications or under these new restrictions and obligations for security additionally um item C or uh yes it C now entertainment establishments also were clearly specified as to who it would affect and the type of business establishments that it would affect um I want to point out on page four to the special Council um on page 4 B so this is c2b on line two it says the hours of operation during which the use is open to the public include time between it says 1: a.m. and 2 a.m. should that say 8 a.m. I think there's a scrupulous error there it should be a.m it should be ADM okay so I just wanted to point that out make sure we make that change I caught it last night in my final review okay um and then we go on to add additional measures you'll you'll see on page five section E entertainment venues it clearly specifies there the last call at 1:30 and the closure at 2: a.m. um and then on Section 74-14 administrative review and special exemptions by Council approval under entertainment venues and alcohol beverage establishments we did go ahead and add the safety uh measures that mostly applied to the extended hours permit to be applied to all business establishments under this under these categories so that is a new addition to this ordinance so these measures are not new to these businesses most of these businesses were already complying with some of these they will have to comply with the new additional measures that are being put in but what this ordinance will do is moving forward any new establishment under these categories will have to automatically apply um will have to um meet these requirements in addition to the extended hour permits and uh we can go through those security measures should we need to and I'm going to let the special Council kind of go deeper into this but I also want to just point out that um this ordinance does have a extended hours permit available for restaurants in our community that are required to close at 1:00 a.m. um certain restaurants can apply to stay open to the extended hours which will now be 1:30 a.m. and 2: a.m. but under this particular ordinance that I'm I'm proposing there would not be any alcoholic beverage establishment or entertainment establishment in these categories that would be able to stay open past 2 a.m. and the last sales or the last call for alcohol would be at 1:30 a.m. before I turn it over to the City attorney to go into de into the deeper um changes and I think I just kind of gave you a preliminary of what or an overview of what the the changes are and I think we've all looked at it several times I just want to say that I'm fully aware that we will never be able to legislate human behavior that is very clear however when we can put in mechanisms or create safeguards that can prevent future incidents from happening less tragedy um and things that will allow our city our residents to feel safer and preserve the peace and Tranquility of a family oriented Community then I think those are measures that we need to take this isn't just about one isolated incident although that incident has definitely marked us and I actually put it in the resolution because I felt that it was important to recognize and recall and and put in a memory for George ganos and that's and there was a letter that was sent to me by a youth organization in our city led by uh the chair of the youth Advisory Board president Bradley uh uh kaban that asked for us to recognize this young man and so I put it in our resolution and symbolically I'm calling this change the George castalano's um ordinance it's not just about the isolated incident rather it's about the increased chances that it creates in our city when you have an excessive amount of alcohol and so anything after 2 a.m. is people that have been excessively consuming that puts our families at risk because now those people leaving those establishments are driving on our roads and God forbid that an innocent family is put in dangerous way and now we are faced with an innocent family possibly coming across the path of people who are intoxicating and leaving these establishments and so again understanding that we'll never legislate human behavior and that this could happen at any time if we can put measures in place that will protect our families our city then I think that we're doing a Justice to our residents I understand the business community and I've always been extremely business friendly and I think our city is extremely business friendly and we do a lot to promote business in our community but everything with limitations is important and so I think that when we put in limitations and we've learned and we need to learn because mistakes can happen but we have to learn from those mistakes and find what works and what doesn't work and so I think it's extremely important that we take a situation like this and find a way to improve on it and at the end of the day listen to what our residents want because that's what we're here for we're here to be the voice of our residents and so I've definitely heard from the residents and I know that this is something that they feel very strongly about because it protects our community so that's the reasons why I felt that this was important to bring forward and make these changes I don't think they're unreasonable changes I think that it puts the Safety and Security of our residents first and still allows our city to um enjoy establishments that can meet the entertainment needs of our community so with that I'll turn it over to special counsel thank you Mr Miss mayor you basically have outlined in great detail the ordinance that is before us I would just point out that uh what you have done is in the ordinance strengthen various security measures that which are uh going to require a wand to be used or other metal detector to be there you've required the use of off-duty police officers you've required a security plan and you've also required the services of a uh security company that's licensed by the state of Florida so what you've uh put within the ordinance itself is taken some of the things that were there as you said correctly with respect to the extended hours permits and now said that they must be used and utilized and enhanced for any license that's going to be obtained you've also cleaned up the hours of operation the issue of consumption you've made consumption the last consumption hours would be 1:30 you put the closure at 2 o' so you've gone ahead and tightened up the existing code that was put into place in uh 2022 that that we've been traveling under you've basically defined uh the like you correct ly pointed out the education establishments education the entertainment venues you've basically uh cleaned up all of of those issues there is one issue or two issues we have to deal with and we'll deal with that between the first and second reading and that's the issue of who's going to review the security plans and how they're going to be reviewed by the police department and what other parties will be looking at them so we do have that that is going to be have to be amended did and looked at but as it as it sits here today the changes uh that you've proposed are basically to do away as you correctly pointed out with any ability to have an extended hour permit except for that restaurant that meets within that area so it I I think that it's it's valid as as I see it and I understand what the intent was and I think you expressed it very well thank you before we move on um and and I also point out a couple of areas that I think think need to be addressed with the issues with a security um I am going to open it up to public comments for this hearing um because I know that there was people that were waiting to speak on this item and I skipped over it uh without realizing so I'm going to go ahead and open up the public comments portion for this item um and I'm going to go by the cards that were filled out first Mr John rivo please approach the podium okay if somebody is speaking in Spanish then you would need a translator hi my name is in John Rivero I represent the family mostly of baral okay member of the family from three years ago okay I first I offer my condolence to the family of the security of Martini Bar L we're really sorry about what happened about that [Music] situation I think that the Restriction of the operation hours will [Music] um it will be a perjudicial the operation hours if is reduced not only to the employees but in baru but also to the business in the rest of the industry our part it's mainly known because it's hasn't it's a familiar type of Ambiance and it hasn't or very little or none of incd and we characterize for to have a Loc to be familiar and and to bring uh security uh feeling to the family that spend time there that's what I think that everybody needs to do thank you thank you we have Eric ree good afternoon everyone Hi so I'm a resident of here can you just give us your name and address for the record 3530 estone Avenue name Eric Ru and um again tragedy did take place and and um I think one of the things I wanted to point out is some of the facts of what happened there are still not known um obviously tried to loss of tragic life but um in terms of what happened what was the situation that took place was there lering taking place when the shooting happened did the shooting happen in the bar or outside the bar there something these facts that I don't they've been made relevant to you they haven't been made relevant to myself so the the reason I bring this up is um I think the immediate reaction of this group was to go ahead and ban prohibit and limit and why not look at this as an opportunity to train validate and inspect right safety measures and that's a thing that I think we're all kind of missing those are things that you should be doing and I think all the business owners here would welcome that opport opportunity to force those um security measures and do welcome that training instead of limiting their hours of business and as the gentleman had said before limit his opportunity to you know have his business it could affect a business and close them and also the employees the employees they could be losing their jobs so why not focus on that instead of prohibiting and banning and I've been here on offered 18 years and I've gone to many of these establishments never had an issue and so a lot of these places do their job there's this one incident that took place we don't know all the facts and as tragic it as was I still like to know what happened there and see how those Lessons Learned can be applied to the rest of the businesses here that depend on that Revenue dur uh in the late evenings that's all I wanted to say thank you Mr Joe Jimenez good evening Madam mayor members of the council um Joe Jimenez 2020 Salo Street and I'm here on behalf of golina Partners uh who asked me to come and speak on their behalf as the owners of downtown Dell where we are which is its own Entertainment District with its own establishments that sell alcohol the Galas are in full support of of an hour's restriction they feel that like a lot of cities in Miami day County even Miami Beach which has pushed to rein in its its late night reputation that the city of Dural has always had more of a family feel the city of Dalal has always been a place where the Gina's investment has been made in live work learn play and the play is a very important part it always will be and and they just feel that the brand would be better served by a reasonable rolling back of hours and 2 am is that reasonable time in their opinion they support this ordinance they support this ordinance as business owners as property owners and as investors and stakeholders in the city of Dural for the last 20 plus years so they just wanted to have their opinions read into the record and thank you very much for considering this thank you Mr Menace lelina Diaz good evening um Lena Diaz um I I'm a resident of dado I have my business on theal and I came here I mean I think so the hours that you guys are restricted for right now I think so is to much for us who normally go and have fun in a place and I'm a customer of B for eight years and I do I give to my co-workers and for them to go and do their better day everything that we had to do any other kind of meeting after hours we do it in the so the time is a little bit too much for us and as a customer can you give us your address for the record please yes it's 400 Norwest 1112 teras thank you very much Julio is isas sorry could not understand the last letter Jula I'm here on behalf of the partners of Boral the address is 11402 Northwest 41 Street and honorable mayor council members Castellanos and my fellow citizens of theal er we have been part of this community for 14 years we have been responsible and and as a business owners we consider that the time proposal is a little bit too much and we consider that it will affect negatively uh our business and many other business in the area we are willing to work with the city in any measure that the city considers that it's necessary to apply but um we would like to to to have into consideration that the after hours are really important for our business and if they are cut down probably we are going to be out of business and really soon and obviously first of all I just want to to um thank the community of theal for hosting us for those all those years 14 years already and and I just want to thank you and may wisdom guide your decisions thank you sir Brad burkman good afternoon Madame mayor council members my name is Brad burkman and I am from greenspoon water and I am speaking on behalf of martini bar uh before I speak let me simply say that uh we understand the seriousness of the event and the gravity of the event and the horrible tragedy that it actually was um but the fact of the matter is is that it was very much a random event one event uh martini bar has been in business for over 35 years and nothing like this has ever happened in the history of martini bar they have a stringent security plan in place uh my colleague is going to circulate the security plan so you can see what it looks like excuse me they have owners on site constantly in fact Joe Delaney here who was actually injured in the incident was on site that night and he is always on site that's true for Barry Kates as well who is also one of the owners um the position our position really is is that uh rollbacks are extreme again we certainly understand the significance and the and the tragedy of the event but rolling back the hours because of one random and relatively rare event and I say rare rare in this community but in fact it does happen in other places changing hours will have a DI Minimus effect if any effect at all on changing people's behaviors what we ask you to keep in mind and what we ask you to bring to your decision making is a balanced approach we ask you to think about the fact that martini bar is also a resident of this community as well as similarly situated businesses that operate here and their employees who work in those businesses and and rolling back these hours will have a significant impact uh significant negative economic impact on these employees and on these businesses which are in fact also residents of your community just to close um I actually was a resident of Dalal myself uh for almost um 10 years I left around 2017 in fact I think you and I once met in the dog park you were campaigning and I had an opportunity say hello and greet you um and I view the what happened also from those eyes and I am sensitive to the needs of the residents here but I am also sensitive to the needs of martini bar and the business is here so a balanced approach that takes all these factors into consideration is very important we ask you to think about that bear that in mind and think about the negative consequences of of rolling back these hours as well thank you thank you sir Mickey morero good evening mayor members of the council Mickey morero with the law from Burk out Rodell Hernandez tap Lin and tapinis at 200 South MC B Boulevard here on behalf of baru Dalal um as all of you know uh this is you know has been said many times what occurred was horribly tragic and and we're here because of that and the the city is doing the appropriate thing to talk about it have this dialogue and and do what we can to make sure something like this we we do the best we can to prevent something like this from happening again but we also know that behavior you know is is is something that is not dictated solely by hours um we don't believe that minimizing that restricting these hours is going to have a sizable impact on on that behavior um just today there was an incident that a family member of mine experienced with a with a gun and thankfully that was resolved and it was during the day in a parking lot these are horrible things that happen but one thing that's always been my you know my view of Dural while I don't live in Dural I think half of my friends live in Dural and I spend a lot of time here Dural is a place that's had always had an incredible balance of uses you have an incredible business Community you have an incredible retail and restaurant community and you also and your residents are an amazing array of of mostly Latino like myself that enjoy music enjoy dancing while it's not an entertainment area it's good that you have that in your community and when you have folks that that want to go out have a good time and sometimes dance a little bit later and have a good time a little bit later than midnight it's it's great that you have the opportunity to do it here within your community and folks can go within a 5 10minute Drive they don't have to go to South Beach they don't have to go to Winwood they don't have to go to Fort Lauderdale they can have fun here and they can have fun responsibly here without driving far away and leaving your community we think it's important that you be able folks be be able to stay here and do that here and do that responsibly as on behalf of my client B has been said has been here 15 years it has grown with this community and it feels an integral part of this community when Badu opened it grew and it grew to several locations during the pandemic they had to they had to const contract a little bit but they chose to keep their only location and really their home base as their Dural location that is the center of their community that is where they feel the most welcome and that is where they continue to succeed we we we clearly see this as an existential issue for them if folks can't have fun after 12:30 1 a.m. they're just not going to go to that venue and they'll go outside of the city of Dural and you would lose that element that balance in your community so we we hope that you have this incredibly important dialogue and we hope that you think very strongly about restricting those hours and allow businesses that are responsible and take the right measures and do the right things their ability to continue to exist thank you so much thank you David garrettson good evening mayor and Council my apologies I have a eye surgery so it's hard for me to focus uh looking distance uh my name is David garritson I'm the CEO of Kua Cabana and City Place Dural I like everyone else in this room and Community are horrified over what took place on April 6th and my heart goes out to the castanos family we are all Angry we want answers however this can't be simply fixed by rolling back hours of operation there's no doubt that there must be significant changes to the operations of businesses in the community but not solely in the hospitality Arena we must look at the larger issue at hand which is the security of patrons in any business whether it be a restaurant a supermarket a mov theater or a mall this is a safety issue in businesses and public gathering places Citywide this is not an issue that is isolated to restaurants and nightclubs and it is not an issue that is isolated between 3:00 a.m. and 400 a.m. upon receiving our extended hours permit to close at 3:00 a.m. it was advised to us to have an off-duty police officer on premise something that I was happy to have I agree there must be a police officer on premise should you V your Venue be open open later than midnight I agree that any venue admitting guests after the dinner crowd should have metal detectors but I don't agree that forcing responsible businesses with proper security and protocols in place that rely on those late night hours to survive to close earlier is the answer that is overreach upon moving to Miami in the Miami area the biggest culture shock to me was that the Prime Dining time in Miami is after 9:00 p.m. whereas in the Northeast at 700 p.m. our dining room is empty at 700 p.m. regardless of the promotions that we run because the culture itself is a later culture one that comes alive after 900 p.m. City Place was designed with this in mind specifically built as an entertainment complex the rear area of the complex doesn't come alive until 9:00 p.m. this is why we aren't open for lunch the demands simply is not there to give you an example these recent events have crippled City Place our revenues are 50% of what they were prior to this shooting I know I'm not alone but we must address this too it is impossible for an establishment with a rent north of $50,000 a month to operate on 50% revenues the hospitality business in general operates on thin margins it is also foolish to assume that people will just adapt to a 1:30 a.m. last call these guests will simply go elsewhere then Poss possibly drive drunk through Durell to get home we must think of everyone when making decisions that affect families and businesses like since this incident we've had the conversation of active shooter training and Emergency Management with our staff we are finalizing the plan with an agent who will train not only our staff in Dural but our staff in Bayside as well my staff is my top priority I want them to work in a comfortable environment but also be trained to the unthinkable we will be prepared as much much as possible on our end through these training activities and exercises and additional safety measures should the unthinkable occur again I'm almost done what I am requesting is your support City Place is crippled and in need of crutches those crutches are you traffic Wasing who are looking to me to pull them through this terrible time I ask for your reconsideration in adopting this ordinance and if you do adopt it that the time be modified to at 2:30 a.m. last thank you thank you very much viente P Venta 4455 Northwest 102 Place good evening uh Madame mayor vice mayor members of the council um I'm going to take you back uh to shortly after the city was incorporated and and uh mayor the then mayor Bermudas honored Me by appointing me to the uh Code Compliance Advisory Board the first one of the first boards that was ever created we were a brand new city our task was to look at the uh neighbor cities and come back to the uh Council and uh suggest hey I think we should uh take on the uh Pine Crest code maybe the mirror Mark code but I can tell you one thing for sure the vision of the members of that uh Advisory Board uh never included Miami beach or South Beach why very simple back then we saw dral as a family City not a fun city the horses out of the barn so to speak and it's now up to you folks to reain it in hopefully in a way that does not affect our restaurant business owners but that does put some rhyme and reason so that something like the loss that this family had has experienced will never occur again one more thing I want to go on the record for uh we can't leave one issue out guns I've been a gun owner on my life but I am completely against the recent legislation coming out of our uh Tallahassee thank you thank you Julie n negin wasn't sure if it was a y or a g good evening my name is Julie Negan I'm an attorney and a business broker my business uh really focuses on the entertainment industry I broker liquor licenses bars restaurants and entertainment venues um and as a lawyer I do want to raise a couple of kind of constitutional questions about whether the ordinance meets the uh standard for uh is it an un unjust taking without compensation is it going to affect Free Speech rights First Amendment rights of uh establishments that have entertainment cannot get a extended hours license but restaurants can is that a restriction of commercial speech based upon the content I raise those I'm not a constitutional lawyer I do know something about the Constitution and I would say that those are issues that need to be looked into in addition it would seem to me that you actually need evidence you need testimony that there is some rational basis to restricting hours at 2 o'clock and the um prohibition of violent crimes if there's going to be any type of rational basis relationship between those two things why two o00 why not 2:00 in the afternoon why not 4:00 in the morning what makes 2:00 the magic hour is there some specific evidence that you have garnered from testimony of policemen experts um the business Community their their experiences and then I would just say that I I would like to uh bring up kind of this idea that when you restrict the hours of operation in a municipality and I've given um public comment in other municipalities as well particularly Palm Beach County uh was seeking to restrict the entire County to do a closing of alcohol establishments at 2 am. um they decided not to do that I think partially based upon the public comment and the study that they did about the revenue effect on the businesses and the tax income that comes to the the city so now you're restricting these businesses hours of operations they're already struggling that many will likely fail and what you're trying to do is prohibit violent crimes so you're killing businesses you're killing tax revenue and you won't have those resources to actually put towards the fighting or preventing violent crime there are many things that you can do to prevent violent crime Mental Health Resources can be established Community Resources police resources none of those things will be available if you have less Revenue so I'd like you to uh please consider all those things thank you thank you would anybody else like to speak at this time on public comments Mr P chist good evening I'm going to fil my c a second I was not intended to speak but I think I feel is appropriate so Pi chist 10254 Northwest 52 Lane to Ala 33178 of course it's not an easy decision but what I have heard so far is a balance between profits and lives and for me it doesn't take too much to decide so I understand that business have and are welcome to our city but the impact I heard so far is there might be a struggle on a business I I prefer to deal with a struggle with a business and reformulate my business that I share my condolences the life of someone whomever that is in the city of theado and not only that there were other people were injured including our PR officers including six bystanders so I disagree when they say exceptional event we see that happens every time everywhere that's why Miami Beach say we don't want spring break anymore they realize how dangerous this is so again we need to put the safety which is a life that you cannot pay with more and less income versus killing a business as someone just said here I prefer to kill a business or reformulate my business than killing people or allowing or I won't say allowing but leaving the opportunity for that to reoccur so for me family and residents first of course we welcome the business business but the same way the residents we have to adapt with leading with more traffic with more noise and more commercial uh activity the same we need to expect for business residents to adapt to what the community wants to keep a safe place to live work and play which is the motto of our city so I know it's not an easy decision but please I respectfully request our business partners to consider that it needs to be a right balance between both and my condolence and also I don't want to see anybody especially by standard who had nothing to do being exposed to this and if someone wants to choose to do that go somewhere else actually I think the shooter was not a dado resident he came to dado and we had to live with the consequences nowadays I prefer him to go to Miami Beach or somewhere else to do their things thank you very much thank you and if anyone else would like to speak at this time Bradley kabang thank you mayor I'm going to fill out my comment card once I'm done good afternoon council members good afternoon city manager City attorney and everyone that's here um I come as a concerned city of JAL resident and these events that happened not too long ago really impacted me my family and people all around our city um this city was founded with a good intention this city is a family City it's a familyfriendly city this is a city where we live learn work and play and you know we have one of the first members of The Code Compliance Advisory Board which I agree with him we got one of the first council members of the city of JAL and um cator rays and I know that this is for City D is it's an impactful thing knowing that this unfortunately went down and of course the families of George ganos which I I've give you my whole condolences and I'm really sorry for this occurrence and you know may George rest in peace but this is a this we're talking about a situation now is that we need to control this and this cannot happen no longer in the city of Geral we already see it in South Beach we already see it in many other cities where they do not allow this and C J I'm glad thank you mayor for taking the lead on putting a stop on to this I know business are going to get affected okay I understand that but there's many other ways to tackle this issue again there's still plenty of time from 900 p.m. till 2 1:30 a.m. there's still plenty of time for you guys to earn your revenue for you to sell your alcohol for for people to have fun but I think past that time nothing good ever goes on and of course I do understand after that that shooting businesses in City Place are already going through tough times but who in the right mind is going to say let's go party and city place they out but shooting just went down so I think people are going to have a sense of safety that now the city is putting ordinance and rules and place and people are going to feel safer and people are actually going to go there but why would I or other people would go there if there's no any new measures set in place to prevent another tragedy in the city of JAL again um I'm a I'm a citizen I'm a resident and I'm in support for the residents and I'm in support for the city um to pass this ordinance and to change to do to do the text Amendment because this city is not South Beach this city is not a party city the city is a is a residential City and the founding people that founded this city um I don't think they like the city of JAL to be held in in in the spotlight that shooting went down so I urge you all to please um pass this and just take it into consideration it's your city it's our city and I think it's our duty to protect it and like um this gentleman that was just speaking right now I would say it's people over profits thank you so much thank you mran anyone else would like to speak at this time going once going twice excuse me my name is Oscar Alvarez been a resident of Dural for 17 years can you put your address on the record please 5250 Northwest 84th Avenue Palma right here okay so as a young individual in der I I understand there's a human factor and a business Factor but putting everything aside beyond that we got to understand that at the end of the day we we can't control behavior of people based on just an industry crime is an opportunity at any moment at any given time at the end of the day just an opinion on my end and my vision as a resident here um I came back to the I had left the because of the businesses and this and that the industries and whatnot I came back here it is a family oriented area but we have to progress the rout we can't change it change is basically staying comfortable and staying where we are because we're good progressing it is an individual that I have a lot of people that I've known that I came out of every school from from theout EBT Ronald Reagan I want everything here in Durado all my fellow people that I know at the end of the day would love to see the city progress and that's coming out of that comfort zone and crime is always going to be at its opportunity it can't be measured by time or any of that nature so I've been in the hospitality industry yes but I want to see the city progress and I want to see it move forward so at the end of the day I know it's all the cards in yall's favor and it's a decision to make but the way that I would like to see this for the city is making that youth you know want to stay here progress and see the city develop into something that it can't be it can't just stay in one way so that's just my name thank you very much any other public comments M Ruiz thank you madam mayor and um it's always um difficult to come before a body asking them to make a decision when we're also touched by tragedy having been part of the initial Council we were touched by tragedy once when we had a a lady driver on 114th and we had just become a city and we lost the life of Shane Martin because someone was speeding and the boy was decapitated was one of the most horrific horrific um incidents that we witnessed and as a council we were there with police and even Chief goz stated that that was one of the worst things he had ever seen so your decision is you you know taking up an issue is is certainly welcome but also as stated as part of one of the founding members of the city we always Envision the city of derell being a partner our logo actually has it we have a bedroom community we have a commercial and recreational and Industrial community so we understand that we are here to serve everyone and try to make and and try to have everyone coexist there will be incidents um you know for me I'm as concerned for someone who made a statement here about maybe some of the policies that have come out of Tallahassee over you know gun control I'm concerned over also you know the communication between our departments and I'm not sitting up there I don't represent the city so I'm going to uh you know just say it you know where was the permitting you know where was the process is Code Compliance the police and administration communicating properly so those are all things that you guys and administration will you know look into but when we voted to establish you know and I believe Mr Jimenez was part of it um downtown Dural we envision people living in these towers and being able to walk downstairs and visit the uh the businesses and consume or you know I'm not saying everybody who's out at one or 2 o'cl is out there drinking not everybody drinks but they just enjoy the camaraderie and being out with families um down a city place was also we voted to also have that downtown concept where people could live there and go downstairs and enjoy the amenities I would think that by you know affecting these hours it also keeps the families from you know my husband and I will say hey we're going to go here but if we're both going to have a glass of wine at Cooper's hog let's take a lift and it's you you it's really quick it's a $7 round trip or whatever it may be and it's a lift and if we can encourage the businesses to kind of identify if someone does need a lift or what they used to call it a free taxi or something like that then that should be it but quite frankly I don't think that rolling back thank thank you madam mayor I don't believe that rolling back the time will actually um make a greater change what happened was a TR tragedy but I think there were other elements that may have been involved you know as as what uh one of our neighbors um Ruiz I believe said we don't know what ultimately happened so we welcome some changes but I don't believe we should have the changes that at the end of the day a lot of these business people came to derell invested in derell with an understanding that they could open and be um available for service until you know the 2 o' that was already in place thank you for your time anyone else would like to speak at this time okay being none public comments is now closed okay so we'll go back to the item and I think that um special Council has put their comments on the record I don't know if I want to open it up now for conversation there's any comments cilman P natal thank you mayor uh first of all would like to recognize casano families that he that is here as well um you know whatever decision we make today certainly is not going to bring their son back and but at least we can we can try to make things better in our city so uh one of the reasons why I decided to to co-sponsor the side and certainly one of for me was and I want to thank uh Bradley cavan as as well uh the fact that we're naming this after George castillos is is a little I mean it's the last thing that we can do so I want to thank you for being here and and at the same time before I getting to the the ID and I want to recognize our Police Department because we we speak about safety but uh we have to recognize that they have been doing a great job for for the past years to the point that based on the report that we received crime rate is down 12% comparing with 2012 2022 incidents number of incidents at City Place are in 2022 were about half compared with 2020 2023 compared with 2022 and that's that's pretty much thanks to the approach and the leadership that we have in our police department so I want to thank you guys because I believe that yes it was a tragic event that took place could have be worse if one of you guys were not there so I want to thank you for for everything that you guys do every day in our community so uh having said that I also recognize that yes human behavior is it's hard to control regardless of the hours or time at the same time by looking at what other cities are doing like the city of Miami Beach which for me could be the best example of what what we call a fun or Party City they are they actually went back to 2:00 hours of operation City of Miami 3:00 and speaking about research or studies Boston University just back in April came out with a study that said that reducing hours during which alcohol may be purchased can significantly reduce violent crime so obviously there is a correlation between times where alcohol is sell and and the effects they can actually have when we speak about crime and safety um I'm not I don't have a law enforcement background but that's why we have the the police the police department here as well but there has been studies out there and I had the opportunity to speak and I want to thank also the people from owners from Peru that are here they they approach me and I want to thank you for taking the time and and I and I hear you and I agree you guys have been here for almost 15 years and and I appreciate that because you're also dout residents and that's what we like to see and and I and I also agree with what uh former councilwoman Ru also mentioned I mean we we're a city that yes commercial presidents industrial and I believe that after 20 years we have become that City thanks to that vision and thanks to what has been done as a as a city as well however we're being reactive based on what happened but at the same time we're we have to be proactive looking into the future of the city of the R so I I agree that what we are proposing what I would like to see is not 100% perfect or that that guarantee that nothing else is going to happen when we speak about safety but certainly will reduce the chances that something like this can happen looking into the future future so we're just trying to help not only our police officers when we speak about safety but also we have to answer to our residents and uh as as we heard before D yes is a is a family community and and we have to give answers to our residents but when we speak about safety we also have to recognize that we're one of the safest cities in Miami day County so I would like to ask my my colleagues at the same time that I think that this is the perfect time to exchange ideas again this might not be perfect or 100% of what you would like to see but it would be a good moment to for us to to show Unity as we were talking about this morning when we were addressing the goant matter I think that this is as an important as what we were discussing this morning with we spoke about kanta we have to show Unity as a council and I hope that uh not only honoring the Castellanos families that is here but I think that we can find some common ground and making sure that we provide not only what our residents are expecting from us but at the same time uh our work business ordinals as well thank you mayor thank you councilman any other comments I have a couple questions for special councel uh quickly um clearly there's another item on the agenda uh right after this one can you please explain the differences of the two items the agenda item can you speak into microphone please sorry yes the second ordinance is an ordinance which basically creates a standalone alcohol code it takes it out of the sections that we have now creates a brand new alcohol beverage code it basically incorporates similar Provisions with respect to security it has issues there with respect to hours of operation it is a a uh ordinance that basically cleans up what was not there previously and that would be basically the hours of operation it would also uh prohibit a extended hour permit being issued for any uh facility or oper or uh business in the downtown mixed use uh area it would allow if the uh elements uh for a entertainment venue are met there's six seven elements there by basically a non downtown establishment they would have the ability to apply subject to this council's approval initially of an extended hour permit from basically 2:00 to to 4:00 with a last call at 3:30 the uh requirements within the uh proposal are tightening up the the various issues that are not tightened with respect to the existing code and uh it is a an attempt to uh basically have security provisions there it has got detailed security it's got Provisions much like your honor has basically proposed and uh it is it is a very comprehensive uh document the main difference of course being that there is an ability to obtain a an extended hours permit by uh establishments that are outside that particular area it encourages compliance uh with with uh hours and basically is is very careful the spell out what those those hours are and it has the same requirements that security plans for any extended hour permit basically meet the requirements that uh we were talking about there's a security proposal Etc so it's really uh a standalone code it takes it out it corrects some deficiencies but it does a little bit different from uh the code that's being discussed at this time it takes the the issue out and gives a uh extended hours right to an entity to stay open till 4:00 if they meet certain requirements okay additionally I saw that um it it doesn't address the security measures outside of the extended permits so it only address security measures outside the extended permits through the mayor I think we need to stick to the ordinance that's at hand we're going to have an opportunity to discuss my ordinance when it comes up if you don't mind because I am a addressing all of that thank you thank you um I would like for the special Council to answer my question though because be a to be able to move on we need to dispose of this ordinance and I have questions about the changes so that I know that what I need to recommend for um application to the second ordinance so that's actually part of my discussion what you're asking is part of my discussion during my item and so I mean he can answer now but it's not a complete answer without me answering it thank you would you please finish as it sits at this time the uh requirements that are listed for extra security police officers and things of that nature are basically required only in the event of an extended hour permit okay however there are some discussions that we've had with respect to the police department which will require us to make modifications to both ordinances pursuant to uh discussions with that department and we hope to make those those changes between the first and second reading okay I have one final question is it um is it typical for an a a uh for an an item like this to be taken out of our because this is being taken out of the Land Development code and putting into the text right which is creating a new section of our code there are municipalities that basically have done that and there are cities such as Miami that has its own Standalone code so there is not a Prohibition or a problem to do it it's just a decision that the council has to make the decision on right now Chapter 70 it's in it's in the code and so what we're simply doing is creating chapter 34 which is a standalone makes it uh available for ease of of reading and and and defined it that way but uh does it have to be done no is it a problematic no it is something that can't be done it's perfectly legal and it it is it can be accomplished yes okay she every right to to to propose it yes yeah no it was more to understand the how it it um it affects our current um the current compliance of of the actual code and the way it was done originally what what the intention is to do it one way versus another there's one other difference if we're going to talk about differences and that would be what we're saying in the second ordinance is we're giving those businesses an opportunity to complete the year that they have with respect to the license they obtained so in essence with the effective date and what we're trying to do what with the ordinance is trying to do is say let's not make this effective immediately let's wait until the expiration of of the license that each of these uh facilities have at this time and it would expire September 30th but um what to to change the code and take it out and then all all of you make amendments to it there's no no problem whatsoever okay thank you for clarifying appreciate it sure okay so then at this point if there's not going to be any more discussion on this item we need a motion or can I yeah yes absolutely thank you mayor uh Bas on what we just heard and I don't know if coun woman poras will entertain since we're already discussing this matter and both are similar in nature can we find a a let's say the middle ground between both options and and we just move forward or we we just have to take one vote and take to the other one and go to the to the next one I think that's the that's the idea I think um you know I understand the intent of this um ordinance and I think that you know what I'm proposing is somewhat more of a complete um ordinance so you know if you if you want to discuss it we can enter into the discussion once we have um decided on this one and then we can discuss the one that I have proposed as well okay okay so we need a motion or if not then we go on to the next item motion to approve by councilman Pino I'll second it Adam clerk call the rooll before we call into it just want to make also a few comments uh first of all I I think that it's disrespectful that Council woman uh por has worked on her resolution on bringing other other point of view and that we're using right now this platform to be comparing when she hasn't had the opportunity to present hers so I think that that's really disrespectful uh Seno I I mean shame for those that are using a tragedy um as a populism on the pain on the family lost in this case I can tell you that my son personally uh knew um Mr uh um a Castellano son and my son actually is 22 uh almost 23 years old actually he also talked to me and told me that um at that time that was one of the places that he would have ended working because he's also you in college he's a bodybuilder and he knows so many others so I really feel for you because my son is also uh within the same age um I do understand that um their restrictions and that we have to go through the policy but at the same time uh like Council woman or former councilwoman uh Ruiz was pointing we have to be very careful on the on on the decisions that we're making here because it's a group of different factors that are going going to be affected um my understanding is that we still don't have a final report or do we have a final report on the incident can somebody answer that the best I can tell you at this time there's no final report and really to discuss the facts of what occurred are really unknown to us at this point there is currently an investigation that's going on the investigation is ongoing has not been basically uh completed and any speculation or any comment by anyone about it or what may or may not have have occurred would not be official would be would just be pure hearsay so we need to wait for that aspect of it in all fairness to find out what those particular uh agencies decided the purpose of today is to deal with a problem that the council believes exists in good faith and believes that there is a basis to act and that's what we're acting on and we're not acting on what could did or may have been the cause but we do know one thing is certain to people are dead and six are wounded so that's all I can say but we can't get any more information and provide any information about what the investigation has found so far where it is and and when it'll be complete I'm not I mean I'm here um as elected official not only based on the report but I'm asking if there's a report because comments were made on the abuse of alcohol we don't know if alsoo was narcotics so I'm just wanted to put that there so it will clarify that so far we don't have any final report on this incident and yes that's why I also are within the conversation and my vote also is going to be reflected on what I believe that it will be the best thing uh the action that could be taken now for us to to be able to uh minimize that incidents like this happen but at the same time like I said I uh looking into all the different factors and everybody that will be affected uh within the decisions that were going to be taking place now um I saw that there's two ordinance that are very similar I were both of them and um I really think that within this first um resolution that is presented does not reflect many of the things that I think that will create also balance within this situation and the issue that has presented the unfortunate um incident that happened I can tell you that also as a mother of a 22-year-old even though my son doesn't drink uh because of the the sports and everything that he also does I I know that he also has said to me Mom I'd rather you know be able to entertain and be around the city that I'm just 15 minutes or 10 minutes away from home without having to go to any other place to be able to spend some time quality time social life with uh with my friends so uh by that being said I just want to the council um our council members to also look into that that it's unfortunate what happened I'm not saying right now exactly uh I'm not saying firmly that we have or not to move some of the hours uh because I really think that that's why we're here we're trying to review and make the best decisions but also to look into um the eyes of the different groups that are here we have the businesses we have our youth we also have um our residents and sure this is one of the reasons uh that I decided my family to come and move here to the ra because it is a family oriented but at the same time we have different ages that also wanted to be able to spend time with their friends uh socializing um but I would not be supported of on this ordinance um by reviewing both of them I think that when it's presented in a respectful way with counil woman for us uh has much more in details that on this one mam cler please call the RO thank you motion to approve ordinance number 20245 on first reading made by councilman Pino second made by mayor Fraga councilman Pino yes mayor Fraga yes councilwoman Cal no councilwoman poras no vice mayor cor no motion fails okay we'll take on the next item Item B ordinance number 20 24-16 LDC text Amendment remove alcoholic beverage r regulations and create chapter 34 an ordinance of the mayor and the city council of city of D Florida approving sl9 text amendments to the city of D code to adopt an alcohol beverages code for the city of D andcreate chapter 34 providing for a repealer incorporation into the code cability conflicts and an effective date okay thank you very much um just for purpose of consistency I'm going to open a public comments again one more time for this item anyone who would like to speak please approach the podium okay public comments is now closed and we will turn it over to council poras thank you mayor so this ordinance was drafted after a lot of consideration a lot of conversations with the community with business owners residents people that work in these businesses and um you know to be quite honest obviously what happened in our city was a very very tragic incident something that's not to be taken lightly and this is something that's going to reflect in my opinion um some proactive measures from the city and we're going to do our best to protect to reduce the the occurrences of these different incidents and so you know this really took a lot of um a lot of research a lot of um consideration this is something that was prepared um in collaboration and with the um expert opinions from different uh departments from uh the legal side um from the code enforcement side from the police side and I think that if we're going to do something um to change what happened or to reduce what happened we have to do it right and so the first thing that I requested was to remove the alcohol regulations from the Land Development code to foreclose essentially any argument of grandfathering and to to create a standalone alcohol beverages code for the city of derell something that I want to establish and I think it's important for the city to establish is that municipalities have police powers to regulate alcohol within the city and to my knowledge there is is no president or case law that allows for grandfathering and again to my knowledge there isn't there's actually a president that says there isn't grandfathering right and so for me it was important to take this regulation and remove it out of the Land Development code that typically does carry grandfathering and that is again to to make sure that there is no argument or or at least reduce the argument that there is grandfathering with that so with that um what I'm proposing is several changes one of them is of course rolling back the hours of alcohol sale uh for consumption to 1:30 this is going to um apply to restaurants entertainment venues entertainment establishments alcoholic beverages and they should be closing at 2 a.m. so the between 1:30 and 8:00 a.m. there should be no sale of alcohol this also reduces and establishes a limited extended hours permit to serve until 130 a.m. and have the establishments close by 4:00 a.m. and this is only going to be again the proposal available to entertainment venues entertainment establishments alcohol establishments EX except for those establishments located in a downtown mixed used District so what we refer to as the dmu for those of you that are not familiar with that a downtown mixed use district is an area that blends multiple uses including residential entertainment commercial as an example um city place is in a dmu we heard from um the codina family uh downtown Durell these are generally areas that have a high level of concentration of people and the mix between the residents and the entertainment and visitors isn't always right and isn't always incident free and in fact um from looking at past records you know there's several noise complaints from residents within these areas that have been reported and of course several incidents that have occurred including the most tragic one I have been speaking with residents uh within those areas residents outside those areas and the consensus is that the dmu areas are the areas of concern and so in order to protect our residents reduce incidents and really try to strengthen our Public Safety while also allowing businesses to succeed in our city I think it's necessary to place these restrictions in areas of high concentration of people which is the dmu areas in addition to this limitation I'm also proposing in my ordinance to strengthen the extended hours permit requirements by strengthening security the enforcement measures by the city police and Code Compliance at all of these establishments something that was perhaps not being done something that was you know not part of the the last code or what we had some of these safety measures have been already mentioned but um these include the use of security cameras off-duty police private security uh weapons detection system including the use of a wand ID checks training strengthening grounds for permit suspension and violations and fines that's also included in this proposal and what I am proposing through this is also that the effective date of the ordinance be October 1st of this year I would also be requesting that the current establishments follow the 2022 ordinance until the effective date of this ordinance which means those businesses without an extended hours permit or that do not have a sales time on their license must stop serving at 2: am immediately um I would also like to request that the city enforc the 2022 ordinance as such I I believe it's been been in effect right now and the city has been um enforcing some of this but I would like to officially request that and with that said I think my proposal demonstrates uh a healthy balance between ensuring the Safety and Security of our residents fostering a healthy business environment and it's really centered around the concerns and the feedback that I have received from residents and the community that's what currently the ordinance reflects some additions that I would like to discuss perhaps uh you know can be added during between now and second reading is the general security measures to be applied to entertainment venues entertainment establishments and alcohol beverage establishments outside of those already required for the extended hours um in particular this would apply to the establishments located in dmu areas and then the last thing that I wanted to also discuss and add is um being supportive of those landlords that want to limit the sale of alcohol even further so for example we had uh the codina and I spoke to the codina family they have a strict um tenant lease that says they can their the businesses that they rent to um need to stop serving alcohol at 12 pm and they want to feel supported in that and I think that we we must as a city support um those limitations and so I wanted to add some sort of language into the ordinance I spoke to our our special Council about that and um I think it's something that we can do again those are those last two things that I mentioned are not part of the proposal but it's something that I would like to have uh make it as an additional proposal and again you know the city is going to do its part in making sure that we are protecting our community that we're protecting our residents that we bring everyone into the conversation there is a human behind every business and many of these businesses have been with the community for a very long time some of some of the owners are residents and you know the residents here need to feel also protected so I think that this ordinance this ordinance does um an is an attempt to really find that healthy balance and also make sure that we are addressing the residents concern and that we do so in a professional and also um a very productive manner as well so with that um I'll open it up for a discussion if anyone wants to make any additions suggestions the floor is yours any other comments I do have a comment if we are proposing on this uh ordinance last call at 1:30 why open till 4: that's uh to clarify just that's what that's what you have for clst right no to clarify the the closing would be at two but those that would have an extended hours permit um I me the extended hours we will be 1:30 last call and then 4:00 in the in the morning or not no the the extended hours permit would allow a business outside of a dmu to to um serve alcohol until 3:30 a.m. okay may I ask a question now actually um attorney could you clarify please that's what we please that would be what we would basically ensure that the ordinance has on it the intent was that if you were able to obtain an extended hour permit instead of the 350 that's there at this time as the last call the last call would be 3:30 and the uh closing uh of the facility would be at 4:00 so consumption could stay until 4 o' but the sale must stop at 3:30 as it would be proposed and and would be included F me yes uh yeah do if if you guys will consider and you are the proponent of this uh if you will consider uh last call at 3: instead of 3:30 and then closing at 4: I would rather have that uh change in the one that we are seeing now yeah that can be made in put in there I'm fine with 3:00 [Music] a.m. I have a question so the proposal talks about extended hours permits um for anyone outside the dmu but it doesn't preclude a dmu someone in the dmu to come in front of council and requested at this present time the way this is drafted excludes anyone in the dmu area from having the ability to obtain an extended hours permit so in this one it does prohibit some that's correct but as you correctly point out the council has the authority to issue such a permit but it would be going against the very ordinance that's there and there would have to be an amendment to it but right now as proposed the dmu area would not have the ab any any establishment in the dmu area would not have the right or the entitlement to basically obtain an extended hours permit all other areas are other places within the city in which those facilities or venues operate as long as they meet the criteria of an entertainment venue which is spelled out in the code would have the right to apply and that's what the councilwoman uh I believe is proposing within the four corners of her document I think you also have an error on page 19 on section g okay there are probably there will be have there will have to be certain changes made minimal changes made what page um it's page 19 Section G line three where it says 1:00 a.m. you're changing it to 130 I see what you're saying grounds for permit suspension no it's a yeah I'm sorry grounds for permit uh suspension remain open sell permit the consumption of alcohol beverages Beyond 1:00 a.m. or 3:30 should say 1:30 it should be 130 that's what you're intending to do is to make allow everybody now to all to 130 you are correct it should be corrected to 130 which we can we get the scriveners ER and we'll correct it yes thank you through the mayor yes dmu areas are approved now what which ones are they downtown dur City Poli City Poli City Poli thinkig Midtown right and Midtown through the manager can someone from Code Compliance or from uh Planning and Zoning please come up and answer questions yes that's correct downtown dur All City Place and Midtown thank you I would also like to suggest that we treat all the businesses the same whether they're in dmu or not and um if they have in the lease like you mentioned that they cannot sell after 12 then that's uh that's an agreement they have with the landowner that's all yeah and I think if you want to respond I think the they the tenants would have already um agreed to that I think the issue is that the city does not want to get into the interpretation or participation of the existing lease right so the lease that's in existence with that tenant is what governs that relationship the city is saying that the there is a right to stay open till 2:00 but if you basically contractually agree to stay open till 12 o00 we will not the city will not interfere with that business decision correct or with it so you're correct we would not do it would be whatever Le whatever lease agreement they have is not affected by what but if they want to but if they want to serve alcohol until 3 close at four they can still do it applying by applying to the extended in the area given the those uh establishments can apply for an extended hour permit ex if they are not located within the downtown mix used area so I want to treat everybody the same with the extended hours that would be a decision that you all would have to make because I proposal I understand what you're saying and thank you that's not my my role no that's what I meant it's to include to include the dmu on the extended hours just like any other ones that are outside the dmu and and that's you know they we won't get in between their lease or you know or any agreements they have with the Lessard so we are treating everybody the same every business the same and if I understand there's only 12 extended hour businesses in the city of dado is that correct mam manage turning to Frank on that uh so right now there's seven entertainment establishments how many seven seven even less okay thanks and I could just add to that there's seven entertainment establishments there's actually three that are have current um extended hours permits approved with the city there were resolutions that the council basically passed granting those extended hour permits and there were at 1.4 now there are approximately three that we know of that are active so there are three resolutions that were basically approved by the council in 23 that are in effect at this time right and and the idea is to honor those um Extended hour permits that it currently exist exist and the businesses that currently have um the the alcohol serving hours on their licenses until this um ordinance becomes effective okay it seems that we have lost our chair so well the vice mayor is the one now now the vice mayor is the chair it's our chair okay I I do think that um is there is there is there more um are there any more coms any comments any other comments um this cell uh I mean I will move forward with the um with the orance the only thing is that in between read the the first and the second reading I would like also to look a little bit more uh and study a little bit them more the impact of the dmus um how can that this you know will impact them so but uh I will I will support to move forward uh with the ordinance so motion to approve okay I I do think oh go ahead no go ahead I think we need everyone um if we're going to vote so is there any more discussion to follow up the the vice mayor's comment my I you're you're including the dmu as well Ian do you want to treat every everybody equal right not in this one no no no no is that what you were looking for I'm I'm I'm looking for that yes we treat everyone equal but changing the hours moving the hours back uh right now the serving is until 350 right at this particular point the hours of serving are 350 right if you have an extended hour if you have an extend talking closing time is 4:00 in which lights have to be turned off and etc etc but yes at at the present time it's 350 and 4:00 is the final right you've got vac so I yes I will my my intention is to treat everybody the same with the extended hours by moving the hours back till 3: instead of 350 and then closing at 4 my again my my concern will be the closing time okay I understand the you want to roll back to 3:15 but the closing time still a four so again I you have a you have a suggest well I mean I know we were saying at 2 o'clock originally but if the closing time is at some point at 2:30 and we go back to similar to for example City of Miami it's at 3 o'cl closing time and we're doing about City of Miami city of Miami Beach is 2 o'clock I mean we're we're not even compared with those two cities when we speak about establishments and crowds so I think it will be more reasonable for a city like dado to start to see what the outcome is if we go back to at least 2:30 close to 3:00 as City of Miami city of Miami Beach so what changes did you want to recommend the closing time at 3 MH 2:30 the last call okay and treating everybody the same with the extended hours dmu we follow your bus I will follow your recommendations so 2 am last call and 3 a closing that's what you're recommending res yeah I don't agree to treat everybody at this point uh within this resolution the same I think that um you know it makes more sense to to to just for the new ones to be able and then the one the ones already have this in place to to be able to um respect what they already have in place because will be a very drastic uh change in between of what they already have granted well there two readings right yes okay but I think that then we can have a discussion on the second reading when we also have the opportunity to have a a conversation and um and see what will be or what could be more you know the impact into it so would you agree to change the hours by leaving the dmu and other businesses with the extended hours the same way as you're proposing so I I think so the only Change Is Ours I think what we you know what I would like to see happen is for this to um be approved and then you know between now and second reading I think the attorney can sit down with each of us and sort of a you know I would agree change change and see you know what we can um agree on including you know Council councilman Pino's recommendations you know everybody's recommendations yes um and move from there that I think that'd be the easiest and doing it you know um here the attorney I you're going to continue until right till second reading of course okay and we zoning as well and okay with zoning and you know all the Departments that are involved as well correct great okay agree I do have a motion on the table by councilwoman C but I don't have a second second second by Vi mayor P corvey there's no other comments may go ahead motion to approve or number 20246 on first reading by Council second by vice mayor corve council yes vice mayor corve yes Council councilman poras yes councilman Pino yes mayor Fraga no motion passes okay um we can move on to the next item next item we're now going into second readings yes item D ordinance number 202 24-14 request for special election of November 2024 Charter changes an ordinance of the mayor and the city council of the city of dado Florida calling for a special election on November 5th 2024 for the purposes of submitting to the of city of Florida 10 Charter amendments prepared by the charter revision commission pursuant to section 6.02 of the city's Charter approving requisite ballot language providing for copies of the text of amendments the B made available for public inspection providing for ballting in election procedures providing for notice of election providing for authorization implementation conflict severability inclusion in the charter and an effective date this was approved on first reading on April 10th go ahead this is my item sorry I thought thought you were I apologize I apologize Madam mayor uh this is my item there have been no changes between first and second reading these are the proposed changes that were brought forward from the charter revision commission motion to approve motion to approve by councilman cabal second by councilman Boris I just want to make a comment because there was been some emails about Charter changes we would have to propose our own Charter changes that will come in the form of another ordinance or proposal I'll talk to you about it after it it can't be added here so yes uh go ahead and call the rooll motion to approve ordinance number 20244 on second reading May by councilwoman Cal second by Council foras councilwoman cabal yes Council poras yes councilman Pino no vice mayor borve yes mayor Fraga no motion passes okay next next item next item item e ordinance number 202 24-13 Banning poly stying products in city parks an ordinance of the mayor and the city council of the city of D Florida Ming article two rules and regulations of chapter 29 Parks and Recreation of the city of D code of ordinances to provide for a Bandon poly stying articles and city parks in certain circumstances and a ban on certain poing articles in city parks providing for penalties conflicts incorporation into the code severability and in effective date this was approved on first reading on April 10th motion to approve hold on I have to open up public comments and actually I'm going to open compl on both because we forgot that these are ordinances so Mr Pierre is timey to talk sorry Pier go ahead public comments are now open for both the former item and this item I forgot we were on second reading see what happens when you put too many meetings on the same day but okay it was your choice no problem P CH 10254 Norwest 5502 Lane 33178 uh my comment is related to the previous item which is a charter I think I have individually communicated with you on the item and thanks for the explanation so I think at this point I just encourage you to con consider that element which is to include as part of our Charter some basic structure and definitions about Emergency Management in the city of Dalal and I will be happy to have uh followup uh conversations with each one of you on the subject or whom on the department and the staff thank you very much thank you okay anybody else would like to speak in public comments on item 24-5 5596 or 244 2 45479 now would be your opportunity okay being none we will close public comments on both items 24-55 96 and 2 45479 Madam clerk motion to approve there's a motion by Council second by vice mayor p p cor I'm sorry motion to approve ordinance number 20243 May by Council M second by Vice Cor Council poras yes vice mayor corve yes Council Pino yes Council yes mayor frag yes motion passes next item item F ordinance number 202 24-12 fiscal year budget 2324 budget amendment an ordinance of the mayor and the city council of the city of D Florida providing for an amendment to the general fund budget for fiscal year 2324 an increase to the park impact fee fund budget for fiscal year 2324 and an increase to the American Rescue plan act fund budget for fiscal year 2324 as reviewed modified and approved by the city council at the meetings held on April 10th and May 8 2024 providing for transmittal by the city clerk providing for implementation providing for cability providing for conflicts and providing for an effective date this was approved on first reading on April 10 thank you very much public comments is now open on item 24- 5592 anyone would like to speak now would be your opportunity being none public comments is now closed on item 24-5 55 92 Madam CL the record no one has chosen to speak at this time go ahead please and well you already read it sorry any motion on this item motion motion to approve by councilman Pino second by councilman cabal please call the rooll motion to approve Hance number 20 24-12 on second reading made by councilwoman Pino seconded by councilwoman caral councilman Pino yes councilman Cal councilman poras vice mayor corve mayor Fraga yes motion passes okay now we're going back to the regular agenda items yes I believe it was item 6dd from consent uh this was the key to the city to ja this was pulled by Council Yes actually that one should have been heard after items h i and J and K but it's okay we can hear it now okay not a problem you pulled this item no actually I didn't pull it me I just said that I wanted to uh defer but you said that no we wanted to bring into a discussion it is time sensitive so I need to let the organization know that's he's going to be here um I believe in July and so I need to let them know whether to put this on the agenda or not um looking to come to the city and we're going to recognize them with a key so that's why it's on there we transmitting the request there's a motion my motion will defer so motion to approve by councilman Pino is there a second okay I'll second it Madam cler please call the rle motion to approve made by councilman Pino seconded by mayor Fraga councilman Pino yes mayor Fraga yes councilwoman Bas no council no vice mayor cor fails I will let them know thank you very much okay we can move on to the next item it'll be item 9h discussion territor crusos cross territories proposal from AGM art group with codina Partners all right so I don't know if we'll be able to see the whole presentation of this item because unfortunately some of the um presenters are in Spain and I don't know if they're available at this time is she here she's on oh great awesome okay I wasn't sure if we're going to be able to hear it so um very quickly this is coming before us um as an art and public places proposal um we did something very similar in 2019 and 2020 with um Valdez forgetting his first name now Manolo Valdez thank you Madame clerk with Manolo Valdez where we put uh several uh sculptures around the city to attract um people to come and and see art and and uh and and highlight culture within our in our community this proposal came to me from AGM art group they've partnered with codina Partners who's also participating and allowing them to to put some of these art exhibits on their um on their um uh private property some of them would go on some of our Parks so they have provided their proposal and letter the budget could come from art and public places from my understanding um and basically what they're asking is for the city to participate as because number one we need public space to be able to put some of these art proposals uh or art sculptures but we will also need to ensure sure them being in our city it would be for one month so the month of November um and everything was in the backup for those who got to see it I'm I'm willing to take any questions uh zavet is here to represent the organization locally and then we also have Adriana I believe on uh Zoom she's in Madrid but uh and and held the exhibits over there but would be willing to answer any questions or um um address the Council on how this would happen and what exposure this brings to our city as far as art and press they they they handle everything from A to Z it really brings a lot of positive press to our city as far as art and culture and and um and sculptures that would be displayed so the the request is twofold one is to um move forward and with a vote um address U basically um give guidance to to the staff to move forward and work with the organization to identify how many sculptures can be put up and in what locations and that may change the cost which could always come back to us at another time um this is a preliminary cost but it's to really give direction to our staff to move forward and work with the the the team at uh AGM AR group and and come up with the cost and the locations and the the the marketing for this um for this exhibit have a question yes this budget of 148,149 is this something that we need to cover or the organization is going to cover so we would cover uh right now that is how much we would cover however they are currently looking at sponsors and codina prns is also uh shown interest in participating if the city participates and helping with that um but right now that's what it would cost to bring them and do the whole event for a month um we could take that from the art and public places fund which is there for these types of things and um they are in the process if the city partners and decides to move forward um then they are going to go out and look for sponsors to cover a portion of that cost or recover most of that cost so to continue the question was this requested by the city or they came to us they came to me and they asked yeah they came to us and asked so we're covering everything for them but they came to us they came to us to put it on our in our city um because we've done things in the past like this we only covered the insurance on the Bola disc the last time he came so you know and I actually looked it up and it was like $180,000 what we covered insurance yeah yeah so this time it would be which is what they've got there this includes the insurance and you know the the support of the city which is permitting and things like that to make sure that the structures are safe so um it's I was very tough on them on how much we would participate and make sure that it was a reasonable amount and again the the goal is to cost recover it's not to um have that burden on the city but again this brings a lot of prestige and um exposure to the city's culture and everything we've invested into our cultural program and if we we uh approve this ordinance I mean this proposal it includes the budget correct it would include basic I mean it includes whatever we decide the idea is to give direction to staff to work with them to um find the locations how many places the the issue is that um if we decide that only five locations work or 12 locations work the price will change so until we know and give direction to staff to work with them then we really won't know what the full final cost would be but again the purpose is to put some money in they are they're going to be participating but again it was does the city want to do this the city doesn't want to do this then because they do need public space to be able to do it right and have enough exhibits they don't have enough exhibits on private property so they're asking for the city to cooperate and and partner through the mayor yes so I have a couple questions on this and um my inclination right now is to defer it but I do have um different questions and including the fact that again this is this looks like a project that's going to um recharacterize some of the areas within our city um we just hired a an Arts consultant one I I would like to know what the status of that is and two how this is going to um fit in to what the Consultants doing because the you know the whole point of of that is for us to really decide what we want and I know this is temporary but still I think that the whole point of getting a consultant was to help us really think about how what type of art what type of culture we want to see in the city I feel like this may be bypassing that a little bit so if through the city manager I can get an update on the status of the um the Consulting that we are paying for so so yeah we could call Erin up real quick so she could give an update on it I was trying to find the email she sent earlier on it but I want to make sure we give you the right information Aon knows it all Ain Sullivan Parks and Recreation director so yes we are in the process of the cultural policy um project that was approved we are working on issuing a CommunityWide service to gather the community's feedback on arts and culture and what they would like to see and and how they see the city moving forward in terms of arts and culture um the consultant provided us that survey in house we were translating it into Spanish to make sure that everybody in our community was able to to answer and respond that'll also go to businesses as well as the list of um individuals that you all identified in the first deliver rule deliverable report um we'll be working with public affairs to issue those in different ways so that we gather as much response as possible from there the consultant will then review all that information and then use that in order to actually um create the policies that we will then bring back to you all for review when is the survey going out I would say probably within the next week or so okay thank you we just provided it back to the consultant for her final review okay thank you so I think um I'm inclined like I said to defer it to next month I think also perhaps even directing the um the applicant or whoever is requesting this to maybe integrate it somehow into the Consultants report I'm not sure exactly what the steps on that are but this seems like the type of project that should be incorporated or at least discussed with with that consultant with the rest of the council um and in the meantime um I would also like to speak to whoever's proposing this and also perhaps also getting a better idea of what the budget is going to look like so I'm going to motion to defer for next month and seeing if we can if you're all in agreement with at least trying to speaking with the consultant or you know even seeing how we can incorporate it into what we're trying to do um in that space second so the only thing I would say about deferral is that they are on a time constraint because they need to start working on the artists and um and the um the sponsors happy to put them in contact with the administration and to reach out to everyone to discuss uh you know moving forward I don't know that they'll have all the time to be able to do it but um again this is temporary art it's not it's not there forever it's going to be a temporary installation for one month um within this area of the city so is is there anything that the administration can start working on it now and well regard to the point that the uh councilwoman had about the consultant we can certainly reach out to the consultant and basic based on the reviews that she's already done and the discussions that she'd had previously with the council we can see if it's consistent with the concepts that she's looking at so we can certainly get that done between now and next month okay right and that that's what I would ask for to see how it fits in into that plan and you know and also I have several questions about it see if the um person proposing the project is available and I understand you know deadlines but we we can't rush the council to make decisions just because there's a deadline I mean there's a lot of financial investment in this from what it what it looks like and um you know so I'm just again deferring it for next month with those um conditions I love the idea by the way mayor and um the only thing I'll in addition to uh making sure that it's consistent with what we already doing with the consultant uh that they mention is that if if Cod is going to put some money in I like to see the budget how it's going to change prior to approving it thank you okay I'll make sure that they get in contact with everybody and and and share all the information that was already in the backup my my only concern well no concern but my only comment I mean if we bring a consultant is the time that the consultant is going to take in order to make a decision or or an idea of what we're talking about because my humble opinion this goes along with what we have been doing for years when we speak about art in public places and all that since the ordin was approved back in 2014 2015 so I when we speak about art in public places and especially we're talking about downtown Dale codina group is involved I don't I mean it goes along with what we have been promoting every time that we speak about the city of the ra art culture I think I think what they want is the consultant we've already hired to just review it and make sure that it's in line with so he's the same the they were working on right a high level review not waiting for the final report because that's going to take a few mons it's fine I'll put them all in contact and you guys can figure it out okay Madam clerk I have a motion to defer the item to the June 12th council meeting me by councilwoman por seconded by councilwoman councilwoman poras yes councilwoman yes Council no vice mayor corve yes mayor Fraga yes motion passes okay next item item I discussion confirmation implementation of salary adjustments or chief of staff to council members yeah I'm gonna step out for a second okay council members mayor this is um in followup to an item you had on January 10th um where um there were actions approved by a 41's vote including change in the title from executive Aid to Chief of staff to council member maintain the current uh pay grade salary standardize the salary for all Chiefs of Staff to council members to the same annual salary and align the benefits for the Chiefs of Staff for council members to those with the chief of staff for the mayor as we were implementing it we found that there was one uh we identified that there was one chief of staff that was hired after that date that had a higher salary so we wanted to get clarification was is that the intent if somebody is hired at a higher salary that we would bring everyone up to that salary and should all of them in order to maintain them at the same salary um have the same anniversary date so we're just looking for clarification on that issue thank you do we have any comments okay so I will start um I think they they you know we need clarification on whether on on one of the um changes that were made one like the city manager said we we approved ensuring that all the Chiefs of Staff had the same benefits um time off and then the second one was to bring all of the chief of staffs to the same salary to a higher salary to the highest salary that currently exist um which would I think include that any new let's say chief of staff that comes in would start at that salary as well right right so like automatically um as opposed to allowing each council member to decide the starting salary within a specific range and so for me I think we needed some clarification on that I am fine with um with having each count member of the council decide the salary for their own Chief of Staff within a fixed um Range but again you know it's this is why we brought it up it's a discussion that we want to make sure you guys um are pining in think any other comments I do agree that it can be you know within a fixed uh range because then it will be very difficult on even them you know to be able because at one point I mean it's probably record and I think that it would be better just to have already arrange and uh the council member will have a discretion on deciding what will be the uh the starting salary for whoever they hired okay so in terms of the existing staff do we still bring them all up to the amount that was recommended in January I think that we should bring it all to that point because they've been already here for a while so okay and then going ones are right now employed but going forward then they would all have that annivers for those individuals would have that anniversary date of that January 10th when they received wouldn't would it be better just to go with the uh with the fiscal year the time that they then will be you know for the for following year to bring right now everybody to to the same and then when it comes the uh the fiscal year then that's when it's going to be reflected if there's being an increase or anything like that I mean Frank be able better because he was also director of the of HR what will work better at least my my experience in the hospital is that then on the fiscal year you know that's when everybody will have so not have to retroactive is what you're saying no I mean for now just to bring everybody to the same and then from there the anniversary will be on the uh on the year on on the fiscal year so changing the the anniversary date to 101 either that or the time that they were hired so so um as far as for the purpose of what our policies currently have uh we do operate on a merit based system meaning on an annual basis staff is evaluated and based on that evaluation they'll be then eligible to receive an adjustment um when there's uh an adjustment to pay outside of that normal um Merit increase there's consideration given to what impact they may have on a future evaluation so that's why an evaluation date is important to establish um so we could do one of two things is keep their current evaluation date or uh update their evaluation date to the date in which we determin the salary adjustment to take place remember be your recommendation uh to the date in which the evaluation uh the the salary adjustments takes place so that way it'll not veryy if you look at the backup it shows date of hire so next evaluation date is in a month from now for one one individual so then we'll be in in a situation where that may not be the most senior individual in that role so it may not capture the intent at least from what I understand the council was looking to do so if we update their or uh increase their salaries establish a new anniversary date and uh one year from that date is where they'll be eligible for a merit increase unless something else is proposed during the budget process if you think that that will be and that's the way this the way the way the backup shows it is a retroactive Merit increase to January 10 uh the date of the council meeting um and that was proposed as the new evaluation date uh as we move forward uh if it's the council's uh intent to have the uh adjustments take place today uh we could then update that to just reflect the evaluation speed one year from today what would you recommend is the most feasible easiest e either one isn't too complicated the HR staff would just has to run some calculations I think the system will support uh that um so it should just be plugging it in and identifying which state we want to use um and then you bring this to council the intent was not to bring it back to council just be to implement based on your direction today so we need a vote on this yes that would be helpful all right call it any other comments she will tell you I I'm just I'm sorry I'm I'm just gonna and defer to the attorney I think everyone in the council is compelled to vote so what do we do in this case the absence of the mayor oh right she back I have no idea I have no idea I don't know answer's back obvious okay all right then okay that's it so we're called the vote what was a motion verbatim What the manager says effective the January 10th when it was discussed last and that will become the anniversary date okay was there a motion on that in a second that would motion to approve all right second okay councilwoman C yes councilwoman poras yes councilwoman Pino no VI cor Mo passes next uh next item item J discussion school speed zones criteria recommendation that's not no good evening what you have before you is um staff's recommendation for the criteria for the school speed zone camera implementation we're recommending based on the data that we provided to you last month when we sent out the LTC and also included it as an attachment to the agenda item for the selection of the vendor and we're recommending a 5% exceedence of the 20 M hour Threshold at any arrival or dismissal period and at any School abing Street um and basically that would result that up all our schools being um addressed by the ordinance and we if we can get a motion on that today then we can bring back first reading of the audience to you in June along with the um contract for the vendor I just any comments yes I just want to point out that the vendor is here and has been here all day so thank you um for being here champ um with that motion to approve second call the vote please motion to approve May by councilwoman poras second by councilwoman Cal councilwoman poras yes Council yes vice mayor corve yes motion passes next item item K discussion update on the 4th of July parade you want to make a comment sure go ahead at the last meeting you directed staff to reach back out to the Civil Air Patrol and um come back to you with recommendations um staff met with um Mr sabatella on April 12th and subsequent to that he submitted an email with the proposed plan and basically there's proposing an event that would be the open to the public on January 29th from 9:00 a.m. to 12 p.m. it the parade would be a route that would basically encircle um the Central the downtown park and um there would also be um a DJ and tent set up within the park um they're also requesting um that um the STA City support provide the support in the cost of police officers permits to issue mots any permissions to closed streets um and that use of the city logo use of the government uh this the city hall garage for participants and attendees and requesting Park staff to work the parade if possible that last one is the the bigger lift only because a few days later with Fourth of July they're going to be right exhausting themselves there a so so the the uh Civil Air Patrol and Tor is requesting to have this the city put this together I have an update on that yeah go ahead yeah the chair so I spoke to Mr saatela and he realizes that um the limitations that this is that this has this event has and he would like to um defer this Fourth of July parade until next year and you know approve it now so that they can start sort of planning it early um so that they can make you know go all out essentially and so that that was my last conversation with him um he was here earlier in the morning because we I thought we were going to discuss it early in the morning so I think what he would like to do at this point is to defer the Fourth of July parade to next year but have us approve this now so then you know then they can come back and work with the city um on everything that they need to do but next year still staff will have to get to work on this and then they have the fireworks as well I think it the idea is like to make it a little different rain the the idea is at least as far as this proposal is concerned two different days one would be on you know the Saturday before and one would be on the actual Fourth of July the city's event obviously would be on the fourth of July so if it's different then why don't we defer this to the next meeting discuss it when he can propose to us what he really wants okay I mean we can do that too yeah I think so you want to defer it for I think we should do okay I'll second it Clerk motion to defer the item to the June 12 2024 council meeting made by Vice May Bo corve second by Council poras Vice Bo corve yes Council poras yes councilman yes motion passes next is the mayor's report she is not here Council comments any Council comments no I one comment that I wasn't able to to say on the time of the the uh the proclamation and the keys is that I the reason that I I said to defer the item uh for president mle is because I don't think that is proper just because it's a visit of a president from any country for the city just give a key I think that we have to sit down have a conversation and be able to see what this person is working on what have done in his country or after they're they're done with a term and then I think that then we can decide to recognize and give that one I mean the biggest honor that we can give uh from our city um other than that I mean um uh it's unfortunate like I said before what happened with the family but I think that we really have to look and uh keep evaluating between what first and second reading so it's is very sad what happened and U to other families that also the other family that have the loss of um JC PR muted school also my condolence uh to that family too uh and other than that I don't have any other comments mayor you want to send your report okay are we uh done with Council comments yes yes anybody else Council comments no okay I do have a quick report okay um first this is um May is mental health awareness month and so uh there's a lot of resources out there and I just wanted to put out there for many that um You're Not Alone um there's anybody watching that needs help there's tons of help um that people can get uh just recently had a situation where someone reached out and said I need help and and we were able to do that and so I would really love to see our city do more on Mental Health Awareness uh especially this month we can take advantage of doing more last last year we held workshops and we did a lot of things in the mental health space and I I would love to see our city continue to do that um just and take the initiative because there is people out there that need it um second I don't think she's here she had to leave but it's it's my intern Miranda uh uh Miranda's last council meeting she was here earlier and I wanted to recognize her but she's she's gone already um I wanted to congratulate public affairs and thank them for their work on National Day of Prayer great job job as always and to all who uh joined us and participated and um came to the exhibit it's still going on I think for two more days make sure to check it out um human resources did a great job on their employee Wellness Fair thank you very much Mexican theme love the fiesta and um I wanted to also thank uh Parks and Recreation for a great Earth Day movie nights as well as Public Works dul say always does such a great job people really enjoyed it and I love the movies in the park at Glades everybody had a lot of great things to say the Busan Nova night excellent to do more of those we missed you madam manager it was very nice um and of course the Mother's Day Artisan Market um you know I I just wanted to make a quick comment a lot of the vendors were telling me that they wish they would have seen more people and I was wondering if we are doing anything to like boost uh posts with those types of events I think we should really take advantage of the social media that we have because people just don't know they don't see it if we were to boost the post I think people would see it more and and some of the vendors made those comments to me and I just wanted to share it um that leads me right into wishing our mothers a very happy Mother's Day happy Mother's Day to all of our city moms and all the moms in our community um thank you uh for everything that you do in our city um next week is National Police Week which also leads me to wish our chief of police happy birthday his birthday is May 30th happy birthday Chief and uh of course congratulations to all the wonderful police officers in our city and I cannot forget our amazing clerk Connie Diaz birthday May 13th happy Birthday Connie and that is the end of my report I also just want to pass out very quickly something that I had um I sent out it's just for you all to have a copy um I sent these out this week um these letters and I think that it's important um and will help us oh I just sent to tell them help us hopefully recover funding and focus on um moving forward for the city with the kanta issue and you know not being able to get annexation um our city is desperately in need of finding ways to create revenue and um focus on um making sure we move forward with one voice and hopefully those who have served for us in the past will feel the same way that's it for my um my report we'll move on to the city manager's report I have nothing this evening Madam mayor quick and easy good job and then we have the city attorney's report nothing from us thank you Mr Miller nice to see you and then we will move on to the city clerk's report it's attached all right motion to adjourn by vice mayor pu corvy his favorite motion and seconded by councilman being at all in favor say I I meeting is adjourns --------- [Music] we're ready mayor thank you mayor i t if you don't mind we can start mayor vice mayor council members we we're on Commercial Real Estate and we're looking at some of the data from CoStar I'm going to go through this as briefly as possible um we're discussing how the commercial market around the Miami International Airport is extremely active um the annual sales volume um was has been very high over the last five years including a 12-month high of $275 million in commercial sales during that time right now market pricing by the end of the year had reached $443 per square foot for commercial sales commercial rentals in the city of Dural also were very hot uh they had reached about $44 a square foot by the New Year almost a 5% 4 and a half% increase over this time last year however the rents have increased accumulative 18.6% in the past three years showing that a lot of impact and a lot of interest and demand so retail vacancies have decreased we're at about 3% in the vacancy rate for a general retail still driving demand in this market so a lot of demand and in commercial rentals and for office it's a mixed bag it's interesting um office sales saw $132 Million worth of sales transactions which was a Slowdown from the 5year average of 224 million in sales the estimated market price of office properties in the airport area reached $259 a square foot in the fourth quarter of last year but also pointed out I wanted to show just some of the other office markets and what they're going for and you that compared to some of the other major office markets in the south Florida area um Coral Gables brickl Miami Beach um we are a value for office uh sales for office rentals uh we decreased to 11% in vacancies uh rent growth has slowed down a bit it's softened from the peak rent growth in the third quarter of 2022 but slower rent means that Dural is in a good position to Market itself as a good value for firms that are seeking space in South Florida and we put the numbers there to show what typical office rental what average office rental is going for in Dural in cor Gables and Bickle and Miami Beach and that is a an area of opportunity for us to market the city as an office uh Market where you have some value and still be in the core of Miami day County we gathered some international travel and hotel data from the Greater Miami convention visitors bureau and the airport um travel data was up um following of course the dip during the pandemic uh we have rebounded past pre pandemic numbers and the big story was that 2022 was a record year and then 2023 was an even more of a record year numbers that already surpassed the 2022 figures by October of last year and for hotel uh miate Hotel occupancy the story is that Miami date hotels around the airport are among the highest most successful in terms of occupancy in Miami day County and if you see that chart it'll show that Miami Airport Civic Center and Dural markets are at the top of the occupancy for year-to date for Miami for all of Miami dat counties so these are we have over 30 hotels in Miami dat in in Dural this area is at the top of the market for occupancy so we are very much a destination employment and unemployment data was also some remarkable data there um in particular the unemployment data which shows that that we have very low unemployment reaching about 1.3% in September of 2023 uh 1.2% in Dural by uh January and income and spending in da we gathered some data from the US Census Bureau and from the University of Florida Bureau of Economic and Business research Bieber they're somewhat different estimates but they're still in uh more or less in line the sensus estimates are always a little bit less but showing that they're estimating about 76,976 um I want also to the record to reflect that the mayor left for a second time without uh letting us know please continue uh for the second half of the report we like to uh provide some information to the residents and stakeholders and investors about some of the programs we do here in the city we gave some information about the spend local program for businesses that may not know about it it's a free initiative that promotes local businesses to Residents there are more than 200 deral businesses that are offering residents a discount on our website right now on products or services in the city of Dural and when you do register for that the city of D's public affairs department will promote your business by producing a professional quality video about your business they'll come they'll interview you and that video will be promoted through social media and the the business will have access to that vide as we're promoting themselves for being part of the spend local program and giving back to the community so for businesses that want to know about this you can get your spend local card right there at that link on the city of Dell uh site where you can just Google search Dalal spend local get your card and see where you can go get your 15 or 20% off here in the city for businesses we can help you uh make this happen in minutes and for ribbon cutting ceremonies we also work uh with uh the business Community to uh invite uh mayor and Council to participate in ribbon cutting ceremonies uh in their new business and uh it's just uh work with us uh by filling out a form and make that invitation to the mayor and Council there are a number of uh ribbon cuttings that we had in um at the end of 2023 in the last six months and you can do that by contacting economic development at economic development at city of dell.com we've had uh we had quite a number of business education events uh in those two quarters just a couple to mention uh were with uh prospa and grow with Google uh we participated in the minority business development agency's Med week conference in support of minority owned businesses and and had a a number of educational um events and partnered with the beacon Council in select Florida to educate new international businesses that are coming in uh through a number of of missions and activities and as part of those international events as an international Hub the city of dur often welcomes trade cultural and diplomatic missions we hosted Global visitors from a number of places in cooperation with amcham fundales Pro Chile the foundation for democracy in Africa Miami day County's uh International Trade Council the ITC and have uh hosted sister cities events as well as we participate in the uh committees and activities of the Greater Miami Convention of visitors bureau to keep connected to our tourism programs and the destination information and of course we also provide grants uh community- based organization grants for nonprofit organizations that was February through March um facade Improvement grant program is open right now where business can apply until Friday at 3:30 p.m. uh apply for uh a potential 50% reimbursement up to a maximum of $10,000 for improving their exterior facade with lighting or signage or painting and uh that is all online and also we also provide uh educational enhancement funds to ptsas in the city I wanted to also mention that our new program info Dural is still active and going and uh my colleague uh Nick prz a UB us is the face of uh of that program we wanted to let people know that we gathered together some of the frequently asked questions and put it online so you can scan that information and get a lot of questions answered before you even uh come here but we're always here to answer your questions and try to find uh some some answers for you for anything that you need and you can connect with us on any of these programs at economic development at city of der.com to access these this biannual report and several years worth of biannual reports that is at city of dell.com under the businesses Tab and finally very quickly I want to give an introduction to my esteemed colleague uh we have the city of Dal economic analysis report uh coming up from uh Dr Murray just to let you know very briefly we this is an update of a 2017 study Dr Murray presented this information to the Council on November 8th of 2017 originally the study provided an overview of the city's demographics its economy its housing market and real estate conditions and a competive analysis of the city in relation to nearby areas provided a comprehensive uh economic information to the city council to administrators City staff businesses residents and this has even helped some of Brokers advisers ratings agencies to have uh comprehensive data uh from a third party that we worked with to get that information I'd like to also say that the study inspired other cities notably Coral gaes uh to follow suit with their own economic studies and it offered some recommendations as as well for metrics targeted industry sectors Workforce housing initiatives and economic development promotions we've also provided you an update uh we provided FIU while we're working on this new update um an update on how the city had implemented the 2017 recommendations it showed that uh fiu's recommendations had led to encourage the city uh to uh create programs policies Partnerships had informed Master plans or zoning changes and some recommendations actually were impacted or accelerated by the unexpected Market changes from the pandemic there were housing findings that were included in the city of D Workforce housing master plan in 2018 and couple of the bigger ticket items um the city chose not to take action on were of course the the the larger lifts of the housing Choice expensing recommendations such as development of an affordable housing trust fund or creation of a community land trust and uh this chart will give you that we provided will give you I think pretty detailed information um on on those but we can happy to answer any questions on any of those so finally uh Dr Murray um is here with us uh today this new update there's an update on population growth economic data housing Supply affordability um Target industry Dynamics um worker inflow outflow imbalance and the characteristics of our office and Retail industrial markets the study was led by Dr Murray some of you may know uh associate director of the georgean Perez Metropolitan Center at FIU he's a leading expert on urban planning on economic development and housing market issues he thought authored a number of studies for Miami dat Palm Beach Broward and Monroe counties and he's got a tremendous amount of experience including 12 years as a director of planning and development in Massachusetts so he's been on this side of the equation as well and it's really a privilege and an honor to work with him and to welcome Dr Murray um to continue with his presentation good morning um Madame mayor vice mayor city council City management um it's a pleasure to be here Ned Murray associate director of The George M Perez Metropolitan Center at FIU um and thank you Manny for your leadership and support throughout this process um we worked with Manny and his staff and along along with the city's planning staff going back to 2016 and 17 of course with the update that we just provided in terms of the analytics uh to that 2017 report let me um just um say a couple things really quickly it's it's going to be a brief overview with I'm just going to highlight the key findings from from the analysis and and Manny just did a great job of kind of teeing me up because he's you get into a lot of the the details that he provides and his staff provide but a lot of that detail um there's a lot of detail in in the in the study that we did as well that that I'm sure you'll find enjoyable to read at some point when you have the time to do it um let me just say a couple things as we as as we start out here um which I I think a a really really important points um Economic Development since covid the way we do it the way we practice it is much different than we've done in the past um and part of that was informed by the Great Recession The Fallout from the Great Recession but then of course the second economic shock being the covid pandemic we now of the mindset that Economic Development and our economies more specifically need to become more resilient more resilient because we can almost expect that some point there will be another economic shock uh so resiliency is key uh we still want to focus in on a lot of the key economic indicators that would be used in any Economic Development study but when we get into the specifics now of an economic development plan going forward and the policies that you would put forward um as a city it's going to be more critical to understand not just the scope and scale of the city's economy but the fabric of what's really occurring in terms of your population and and your entrepreneurial activity and and I know Manny and his staff are looking at this very carefully this is where we're coming from this some of you may know uh if you visit our website that postco we we we put on our website uh an economic recovery index that we've used over the last three years to monitor how counties throughout Florida and nationally were recovering and it informed us a lot as I said about what we need to be looking at what we're going to roll out in the next couple weeks or so as we move beyond the economic recovery index thankfully uh is a economic resilience project along with a dashboard where we can now focus in on what we're talking about here specifically in terms of the indicators that we need to be looking at and it's not always just your traditional indicators because we all know that full employment doesn't necessarily mean a whole lot when you have an economic recession we also know that um diversity in terms of our economies is not necessarily always a good thing if it's not providing the quality of Industries and sectors and occupational uh opportunities that that needed for our populations with our residents so there's a lot of things we need to look at so that we can become more resilient and and better prepared for that next economic shark um that uh we we're sure is probably going to be coming at some point but most of the news going back to the study itself uh really is positive for the city of dur it was positive back in 2017 at that point as we were doing the analysis of course a lot of the data back then was some 2015 16 city was doing pretty good respond you know responding to the The Fallout of the economic recession we knew a lot was going to happen a lot of what I see here now was not in the ground when we did the study back then but Manny kind of told us it was coming and he was he was down right um so it was it was really curious for us to to do this update knowing about all the development activity all the growth including your population growth that is a occurred over the last 5 years or so and it it it I can't say it enough how dout stands alone when it comes to this level of economic growth in the county in fact in in in all of South Florida as we said back then your population growth uh the education of your population uh the um the the mix of Industries everything that that was occurring back then is is is still occurring but has even accelerated if that was even possible so what we're seeing is is far exceeds anything we're seeing in Miami day County as a whole and this is a really important point and we'll come back to it just in a minute because Miami day County as you all know we're losing our domestic population out migration is one of the highest in the country so you stand alone in Dural by in increasing your population and and and and diversifying that population whereas the county as a whole is having some difficulties now that's good on one hand but on the other hand we still rely on a larger labor market and a larger economy so th those are the things to keep in mind as we go forward the advanced industry sector though uh just for those who aren't totally aware of it um the advanced IND industry sector is still the this umbrella sector as you know for a number of uh sectors in Industry sectors including high-tech the various Tech high-tech Industries uh Logistics high-end Services it's Dural is still far out in front of every other city as as far as we know in Florida when it comes to Advanced industry employment and the amount of actually companies or businesses that you have here those numbers um um uh really really huge in fact you're you're upwards now of I believe it was 400 530 establishments 530 establishments um and close to U uh 4,200 employees that's about 11 or 12% of your employment base the state the state is about four or five per. so almost triple the state the country is about 7% so you so it's not that and that's not static it's growing that's growing even since we did this study six years ago so the key sectors like in terms of advanced Industries include management scientific and Technical Consulting architectural engineering and computer systems design those are your top three but you you have a whole lot of others there as well as the study will get into but I'm just going to highlight those um once again you're you're growing like you you you're growing in Leaps and Bounds based since the last study most in terms of population housing in particular um and also you continue to grow in all these industry sectors that I talked about including uh the the the leading tiget Industries now there is an overlap between the counties that that the tiget industries those are the ones that have been included in in the beacon councils one Community one goal they've been on the books for some some time they've updated a bit but for the most part um we still take a look look at those because we want to see how Dural is doing relative to the county but there is an overlap so you're going to see here in in the analysis that we did as part of the study that there are four areas in particular trade and Logistics life sciences and Health Care Creative Design financial services and information technology these are all areas all target industries of the county that are also playing out in Leaps and Bounds here this last bullet on this particular slide is one that is somewhat nuanced um what we're finding when we do e economic studies now and when we Benchmark say Dural against other high-profile cities both in Florida and nationally is that the most high-profile communities the most competitive communities economically happen to also have highend retail retail was always sort of looked at as you know yeah you want some retail but if you're going to diversify your economy probably less retail more of something something else well not necessarily not necessarily because what we have found with cities like Durell Co gabbles to the South we can go up north Bon and and Palm Beach and others they have high-profile retail to coincide with their high-profile populations and what SRI has done is created this tapestry segmentation of your retail which is really really interesting interes in because what what we can find out as we look at your retail um segmentation it says a lot about your population who's coming here who's investing including entrepreneurs this was not something we used to do in the past because retail was always sort of looked at you know in separately but when we look at these numbers the the the upand cominging families at 33.8% that that piece of segmentation which is very very high these are the people who are well educated these are people with a little bit of money they they're owning they're purchasing their homes so that's a population well and and it's typically in professional positions jobs the Bloomberg's are those who have been here a little bit and now have decided they're going to stay in dur they're going to buy up they're going to get that next home and but they're going to stay here so you see a high percentage there the last one though is one I really want to focus on is the Metro Fusion that that 14.9% of of your um population base these are your younger people highly mobile fairly educated they're all working but these are predominantly renters they may end up buying but they're renting they may they may be as that because they're mobile they may be also thinking in terms of where do I go next dur is a good place to be right now offens a lot in terms of quality of life reta detail whatever it may be Recreation so this is an interesting one because it's that younger professional that we losing in Miami day and many areas as a whole that's part of that out migration I mentioned that domestic out migration but a lot of what we're seeing here in terms of our growth is coming internationally that they may have already been in another location but now they're settling into Durell we want to keep that one growing that's one we want to keep an eye on because we want them to because they are the entrepreneurs they're the professionals they're the ones that keep a city Lively you know they bring a lot of the quality of life to a city so that's one that we we want to look at and and that's why we we've kind of get into this a little more detail than we would have had in the past because it's very important to the city of Durado high-profile retail because you're a high-profile community and it's connected to population it's connected to job growth it's connected to entrepreneurial activities land use all these things are connected which we didn't really have so much of an understanding in the past okay the growth challenges you you as most cities in in Miami Daya and South Florida have this negative inflow outflow where most of your workers who come in to to work in retail but even even your other Industries are coming in from other locations um and uh your your your residence your your working residents are going are leaving um that's that's an issue throughout South Florida for the most part um but it's an issue that needs to be looked at in terms of how do you how do we keep people that that are our residents here working now through the advanced industry sector we are to an extent and I'm going to show that in a second but that's one way of doing it but this whole notion of work shifting is a whole discussion that that that we need to have um so we we need to be able to to to find those opportunities to create an economy here and and and and and uh living accommodations to to accommodate that um that um um those workers and and those who particularly those younger workers and professionals who we want to stay here and and hopefully at some point purchase a home and that gets into the housing issue which is we all I'm not going to get into it any great length because we all know it we do have a housing affordability crisis not just here in Miami day and Durado but Nationwide so it's a question of what do we do about it my thinking on this because we've worked we worked as you know many many other cities not only in South Florida but on the Gulf Coast and uh um up in Palm Beach and the keys is that the cities that finally figured this one out to some extent I mean there there's not a lot you can do about it sometimes but but there are some things you can do about it from a policy standpoint are the ones that are going to be ultra successful in terms of creating that economic resilience which is that ultimate goal that I was talking about and and so there's this this there there's a really important understanding to all that in terms of the connection between housing which is at least attainable purchase or rent uh and and the economic growth of of the city going forward um go through these really quickly because I just kind of gave those in a um a lot of these details and Manny actually provided some of those but once again what are we always talking about we're talking about economic diversification industry diversification and obviously when you look at those employee numbers uh a number of establishments you can see that the city is is highly highly Diversified and and and of course the real positive to that it's not just it's Diversified in a lot of sectors that provide High paying jobs value added um and and and career opportunities here's the advanced industry sector that I mentioned broken down you can see the top the top group there the management scientific and Technical Consulting uh architectural engineering computer systems design and and related services so you can see there's you you have a diversity of advanced industry sectors as well located here and growing uh repeatedly now this map is interesting because what it shows is the top three that I just mentioned disperse throughout the city and the reason why you'll see it dispersed like that obviously you'll see higher concentrations in your commercial areas but you'll see them in residential areas as well we have found this in a number of uh high-profile communities we've worked in we first saw this when we did an economic development plan for the Village of Wellington in Palm Beach of course Wellington being another high profile community where we find that a lot of these a lot of these business these are home these are home occupations but they're within that sector so they have their home offices so that that's important to know because they're living here they're staying here they're working remotely uh that they may be obviously um uh doing doing business have business relationships with with many of the other firms that are already here potentially in in a commercial area really important to know the logistics of of the advanced industry businesses where they are uh and then ultimately that that understanding we need to have that home occupations are a growing Leaps and Bounds particularly in these Advanced industry sectors that we just talked about the target industry sectors as I mentioned once again the city's very Diversified when it comes to those you have the core industries that I mentioned uh you can see those numbers there in terms of employers and number of establishments amazing diversity iversity once again and growing growing all the time so the real estate market highlights that Manny just went through I I I'll just go through these really quickly because Manny just kind of went through those I think the one that coming from the economic development background that that I come from having been in government as Manny said myself doing planning and development for many years particularly in the area of Industrial Development manufacturing is that you know the industrial land is key uh we we we need to preserve what we have but we also need to figure out because there's so little of it and a lot of it has already been developed is how how does that get um redeveloped how do we how do we make sure that our industrial land is being used in the most efficient and effective way it can um especially in a situation like you have here in Dado we have such little land left we want to make sure that industrial land and even stretches of your commercial land are really being put to the to the highest and best use if possible so that that's always going to be that was a challenge back when we did the plan the study in the plan back in 2017 it's it's even probably more so today because you've seen so much growth but the the demand is is as Manny brought out and we're seeing this in other locations as well industrial space you can't get enough of it right now and now with the emergence of of advanced manufacturing which is just ideally suited for City like dado you want to be you want to be a location you want to be in the game when it comes to Advanced manufacturing light man the light and the light manufacturing it comes with that which can actually be part of mixed use you know that's that's the great thing about it so something to think about um uh once again you know the residential Market is is that's a difficult one but I I do strongly urge the council and the city as a whole to really take a look at this um there's not a lot of best practice out there right now when it comes to this issue because it's it's it's it's at such a level um once again you don't have a lot of land but there is repurposing opportunities that's what we're kind of focused on Broward we just completed a master plan a 10-year master plan for Broward County and what we've what we the focus of our plan was not just housing but the relationship between jobs housing and transportation how do and and and infrastructure how do those all come together because if if you just do a housing study or just do an economic study or a transportation study and you don't connect them it's it's kind of defeating the purpose fortunately a transportation planning organizations now are required to look at that they now need to align the long range planning with housing and economic activity something they've never done in the past so we're working with the brow no and we had these discussions in Miami dat as well but I think there's a real opportunity there to begin to understand from a transportation infrastructure standpoint um what does that mean for terms of Economic Development what does that mean in terms of mixed juice what does that mean in terms of creating more uh accessible to communities or neighborhoods within our cities there's a lot there that has not been looked at in the past planning Transportation Planning organization do not look at land use and zoning so somebody has to and and so let's make sure that we that we do that so um yeah I'm just going to go through these because Manny mentioned these these once again our Focus here are you industrial vacancies you just see those that those vacancy rates not just here in Dural but this Airport west that that submarket has been strong and will continue to be strong and by the way we're working in South day right now at at Homestead Air Force Base The Reserve Base that all that land including the old Department of label land that that was just has just been conveyed back to the county there's going to be a lot of Economic Development activity down there going forward but but it can all kind of play out in in tune with what we're trying to accomplish here in Dural and elsewhere uh because it's one economy from that perspective so whatever growth occurs as a result of all the land and potential development that will occur down in the homestead area and South dat in general has implications for what happens here that's not necessarily a competitive thing it's it's how do we do this in sync essentially um price trends in terms of real estate once again we have to be mindful of this because we have that younger population we want to keep them here we want to keep them coming here as often as we can um so so you know that is that last comment that I do make is that understanding of sustaining and expanding the economic competitive reducing Transportation cost and and congestion and I know Transportation issues and planning have been a been a a key issue policy issue for you for some time now and then just the quality of life you want that activity you want the young people around right you want them in your downtown you want them at events you want them involved in Recreation so that that's why it's so important it's not just about this this kind of notion that I think we have sometimes about affordable housing right that it's it's a negative or could be a potential negative no it's something that's absolutely vital in terms of economic resilience and we have such opportunities for it whether it be here in Dural or some of these other locations that some more resistant to it as we are found but others who are open to it um I'm just trying to understand how that all works um and and bring it together so that's that's it in a nutshell those are the highlights and and once again the study involves a lot of a lot of other detail detailed analysis of not only the key industry sectors but the real estate that's occurring but U but I think maybe one big takeaway that that we have from this study was the retail the tapestry segmentation analysis because it says so much about who you are as a population who's coming who's investing and how that you know will affect your policymaking going forward in terms of particularly quality life kind of policy issues so thank you very much thank you Mr P are you closing outk you thank you Dr Murray thank you to the council for this opportunity to present this information we know it's a lot of information there's a lot to dig into in in these reports in particularly in the fu report but I think it's important for our residents to know this is available to our residents this will be on our website this will be sent out through social media it'll be made available to all our residents to our students to our businesses to investors to ratings agencies and it is here to provide information to you so that all of you can really understand what's happening here in the city and we're happy to answer any questions or meet with anyone to go over the details of the of these reports thank you to Dr Murray for being here thank you thank you very much thank you Dr muray and to manip pail for presenting this that's why I wanted to bring it because I know that you um send us in with the city manager this information but I think that is very important for our residents uh to understand and for us to have the opportunity to ask question if we may and like you said I mean the backbone of the city is Industrial part and now that we have seen by this report the uh how the retail industry has been grown and also the change on the culture of our population that is very important because then we have a better idea uh as as elected officials and our directors to see how is it that we're going to approach to give better services to our residents and our businesses thank you so much for that through the mayor I just want to say a quick comment thank you um Manny your team the entire Department of Economic Development for um doing such a great job and bringing forth this report uh Dr Murray thank you very much for being here and taking time to explain it I actually read the 2017 one and I was looking forward to this one um which of course provides it's invaluable insight into our city and so I want to thank you both for that thank you thank you much thank you very much yes uh councilman Beno just a quick comment thank you Manny once again Dr Mor it's good to see you again he was my professor at FIU back in I'm not gonna say the year I promise but it's good to have you thank you for for everything you do for for not only for Fu but obviously for our community as well thank you thank you man thank you very much thank you okay we move on to the next item Madam clerk next item item e discussions today of D day at Lone Depot Park M Marlins Council foras thank you mayor this is my item and this is a discussion on city of deral day at Lone Depot Park through the Miami Marlins that reached out and they wanted the city to be involved with having a day I provided a memo with some times um apologies the am is supposed to be PM so no one's going to be parting at 1:00 am at Lone Depot Park so um what they would like is to survey the council and I know that the city manager's office um may have already surveyed so what I would like to do today is two things um have us agree on one day um of those three listed to select as city of deral day at Lone Depot Park and also just directing the city man manager to work with the Miami Marlins and organizing um the event providing you know whatever uh they need logo anything any coordination that they need to be done through your your office and and that's it I'll allow the city manager and the deputy City maner to take it from here thank you good afternoon um I'm GNA let Frank because he was the one who sent out the survey um tell you there are two dates that we got from three of the council members and perhaps we can resolve around those um for the rest of you uh uh good afternoon so uh we did circulate three days and we did put on there the 1:40 p.m uh start time for those dates uh we got three responses and June 23rd and June 21st were the two dates that were identified with one of those dates um uh with one of the respondents responding with both dates so as soon as we do get the direction as to which date we'll definitely reach out to the Marlins representatives and and look to see how we can support it to make make sure it's a successful event Deputy city mayor just to confirm it's July 2st right June 23rd and July 21st that is correct June 23rd and uh or July 21st okay um as far as I I'm fine with either one of those dates so maybe we can go through each and see um if everyone's fine with with whatever date whichever date July for me will be easier in June July I'm okay it's my birthday anyway so I'll be there celebrated with you guys excellent I I'm okay with either date the only day I had recommended June was because I believe vess Welling day is July 20th yeah and then so a lot of people from our city are going to be out there the day before I don't know if they'll go back the second day that yeah that was a concern um that was raised by the deputy city manager and um as per the Marlins it should not impact it because they say that they can get as many people to come out and that it's really like a a weeklong celebration that that was their comment okay to July is July 21st seems like it thank you so I'm G to make a motion to choose July 21st and also to direct the city manager to work with the Marlins directly second okay mad CL I think you can have consensus I don't think we need a motion for that do we but motion to motion to direct the city manager's office to work with the Miami Marlins on the logistics of the city of deral day at Lone Depot Park on July 21st 2024 by Council por second by Vice cor councilwoman poras yes VI corve yes Council P yes Council yes far yes motion passes okay next item item F discussion moving forward and next steps for the Miami day County resource recovery facility than okay vice mayor yes uh it is my intention with this discussion that we are an open transparent about this matter and that our residents are aware of what is happening each of each one of us has been working on solutions to this item with different groups My Hope Is Well is to that we will that we will work together moving forward yesterday the bo County Commissioners held their meeting on the agenda was our cadis report commission arcades report commission to assess the future of this facility the report was unanimously accepted the discussion was insightful healthy and several important issues were addressed commissioner bermudes from District 12 asked that moving forward the county holds meetings closer to the residents making it easier for the community to attend and participate and it was agreed upon the C the commission the creation of a Regional approach had been discussed with Brower County only Brower county is in the process of establishing a regional Authority but cities like Miramar have already opted out it is it quickly became evident that the regional approach will not work he strongly believes and stated that the private facility operated operators need to be a part of the solution first because of enormous cost to build a new facility and the need to help to offset the cost and second because of their exper experience in planning it is critical to help this moving this forward also noted are two prongs to this the of course the resource recovery facility and the creation of a waste management master plan to which every commissioner agreed chairman olil Gilbert stated that the waste fees need to be increased for the next budget cycle so we will see an increase on on garbage for the next year commissioner Regal asked for an update on current cost to date for managing the countywide garbage and current and forecastable cost of insurance because that's one of the things that have increased the most we also have uh the county um have met with the mayor and the uh city manager and uh are asking us to agree into to get into an interlocal agreement to um to offset the cost of what is going to happen with the garbage um there are five factors in this uh contract or agreement which is the responsibilities of the city it's one terms of the agreement annual contribution payment by the city they want us to pay some money affordable use of the RF RF site and termination of the contract to give you an idea the moving of whether the the the the site stays or moves to either medley or the airport West opaka they call it on the high side if it states it's going to be around $1.5 million this is yearly on the yeah it's it's it's incrementing as it moves forward correctly we provided some information on Capital as well uh the differential Capital cost as well as the um onm right and on the high end if it goes to medley it's around $1.6 million so the contribution for the city if it's uh that's only if it's 3.5% growth uh in the city if it's over 5% growth and then other numbers um so we need to continue to push forward to um make sure that this facility number one is it's not in our city uh number two is is that we continue to negotiate with with the county and our commissioner to help us uh mitigate some of these costs not mitigate but negotiate some of these costs that the city could incur by the um County's uh request for us and other areas to pay for for for this uh new facility thank you mad manager could you give us a little idea please on on this um negotiations I was going to give you a broader timeline than just the negotiations but happy to narrow it down to the negotiations I also want to point out that we do have with us here today Anisha Daniels who is the new director of the solid waste Department as well as representatives from arcadis who performed the environmental and air quality report so they're available to answer any questions that you might have um once I finish so um as you know in um September September 19th the Miami date County Board adopted the resolution directing the county mayor to present the three sites compris of opaka West Dural resource recovery facility or also called waste to energy fac facility and medley for the Florida Department Environmental Protection and also directed the county mayor to proceed on an expedited B assist to negotiate an interlocal agreement with Dural and as part of the resolution it said that by which Dural would agree to annually contribute funds to partially defray the additional costs associated with relocating and rebuilding the county waste to energy facility should the county select a new site outside of the boundaries of Dural um immediately after that on September 26 the CD Administration met internally to discuss the proposed contribution to defray the cost of Dural um in on November 16th mamate County and the City of Dural met to discuss um regarding a proposed interlocal agreement but at that point they did not have the finalized resolution from the county and the county did not yet have a term sheet so on January 10th the county sent interlocal uh uh term sheet for review um and subsequent just after that um you know the there W the board of uh County Commissioners accepted a solid race funding report which discussed potential um sites but also included um utilizing the existing site for some type of exist um Solid Waste operations um in on January 26 the again um there was an internal um meeting with the city manager City attorney and staff to discuss the term sheet and uh between February 12th and 13th it's my understanding that staff met with each of you and briefed you on that term sheet got some initial feedback um shortly after I started I guess um a week after I started I met with that internal team and reviewed the the term sheet with them and then on March 26th um we met um staff met and the mayor was invited to that meeting by the county um and um we provided very high level feedback um regarding the term sheet and you know the some of the concerns we the main concerns we've expressed at that time was language on the allowable uses of the site um cons whether or not the city would contribute funding if the medley site was chosen or would would it be limited to opaka and then went went through the financials and I do want at when I'm finished Fernando to just get a brief summary of those financials that you discussed um we also met subsequent to that with Southern strategies our lobbyists to discuss communication strategy on um April 8th the mayor and I as you mentioned met with um commissioner bur mutes to discuss that term sheet and then on April 17th we had a subsequent meeting with the county and went into each of those items you mentioned on the the proposed term sheet um since then as you mentioned um the report on air quality modeling um was presented to the county um at their meeting yesterday and um the direction is to go back to the county in September after Community meetings so those are the meetings we've had so far to date if if I'm allowed uh I would like to invite Mr Bruce Kaplan who is a resident that's also um has brought forward a uh lawsuit a federal lawsuit against uh the resource recovery facility to share some of the comments he he did register with the clerk to speak so thank you if you may thank you Mr vice mayor Madame mayor council members Mr attorney Madam manager um if I could have maybe three to five minutes I I really like to frame some context as to what's going on perhaps on the other side um of the glass and since the city of D of Dural is precluded from itself either suing the county or suing an operator on any County property I think it's important to know how we have framed a federal class action lawsuit on behalf of the residents and citizens of Dural and it may impact what the council decides today the end of this Mr vice mayor as we briefly discussed is that if the council could frame a sense of the council and alert the County Commission um to the thoughts and feelings of our community in a very direct way because theyve ask for input and the input has to before be before an action item the first week of September it's over they want to get past the elections in August and then have a decision made on both the site and the operator so what I I have to say just is in context only um I can't speak about a lot of things because kanta has asked for a large portion of uh testimony and uh production uh uh to be sealed uh for whatever their internal reasons are so I have to kind of narrowly and very cautiously navigate those wins but uh it was a real strong fight yesterday uh commissioner Bermudez led a a really good fight against strong headwinds a lot of different interests some unknown potential operators and a lot of folks that have received an enormous amount of funding on behalf of covanta were all present and as you know and as I was there at one point all you have to do is count to seven um seven noses and and you have and you have whatever you want at Miami day County mayor Fraga gave a passionate defense uh of the city and I want to thank you Madame mayor on behalf of all of the citizens and council member Pinto also wrote a very eloquent defense of our city and and the vice mayor and bringing this today is really hammering home that this is a unified effort um there aren't three2 votes or two three votes this is a city council that represents a 100,000 or more folks and probably many more hundreds of thousands of people that have been exposed to the worst toxins imaginable there is a onetoone correlation between the toxins that were emitted and cancer that's an EPA statement not mine and there is zero tolerance it's not a little bit of exposure for any amount of time it's any exposure for any amount of time time causes some form of cancer if not today in the future thus the class action because we're not looking for an acute remedy we're looking at a chronic remedy for testing and Remediation of property uh I I love quoting Haim bag he's one of my favorite philosophers and politicians and a great Dominican president um and he once wrote in politics what seems to be is so the report of yesterday and it was brought up on the on the agenda as a report but really it was an action item and I'll tell you why um really it was very very upside down it was brilliantly designed and if you look at everything including the last paragraph of the memorandum that was attached to the report I think it says it all kind of reading County speak and and and kind of Jimmy Morales speak um I think that in asking for input we really do have to be very cautious in providing the best input possible on behalf of our city because it's the only chance we're going to get since the city itself can't protect us as Citizens it's all upside down so let's look at why the community outreach is so important and what they've done it's really anecdotal it was designed as a process to favor one operator in one site uh I'm not breaking any code and saying that the true desire is to keep the plant here in Durell operated by Kant or whatever they're calling themselves right now so how do we stop it and that really has nothing to do with the class action lawsuit but I wanted to frame it in that context because it's very very important um so it seemed like a very anecdotal resolution and indeed it was the county went about this all upside down typically you'd find a problem and then you'd find perhaps an operator that could solve it and then you find a site well they've done it kind of all backwards first they chose an advisor and and then they're going to ask us to choose an operator and then finally they'll find a site but isn't that kind of screwy it's really upside down and it's only design since the next action item of the county is to provide an operator reading between the lines that's where we are so let's play along a little bit um also and boy isn't that more true here men are more alike in what they hide than in what they show the covant forces were in lock step um I asked that part of our process begin by the council passing a sensibly Council resolution if you can because since the next oper the next function at the county is selecting an operator that we give a sense of the council in saying that there should be no latches a legal term that the the city the city attorney can explain but basically means you have to have clean hands that there not be any any issues here's a quick report on the class action dozens if not hundreds of thousands of folks have been affected by horrible toxins zero level is acceptable by the EPA and a one:1 ratio causes cancer um and I want to thank a lot of our brave plaintiffs for putting their names on a class action lawsuit they have been followed by private investigators theyve been harassed their lives have been turned upside down and I would also like to thank certain members of of the city council that have asked uh because the city can't do it themselves but as individuals were brave enough to add affidavits attesting to the fact that the city was indeed harmed and the city did indeed incur expenses and the people of the city were indeed harmed by the great covanta fire as as we've called it we're only seeking damages for two things medical monitoring which I think is imminently Fair particularly since they've released some of the worst toxins known to man um it's Holocaust Memorial all the crap that they put in the ovens at alitz and Burke and and and and anywhere else were very similar to what was released um at at this plant so let's put it in context it wasn't just some little fire that burned for a couple of weeks and it all went away no it affected us very deeply in fact the Police Department headquarters and the Metro Training Center the Rick wentland Center uh are 500 to a th000 meters from the epicenter of the burn so our own Brave First Responders were indeed affected not to mention the 60 fire trucks that the chief said came out and all of the tens and dozens of responders that came out day after day after day after day numbering three to 400 in total and were exposed to this crap and and will never again recover because their DNA has been inextricably altered so they've now changed their name to reworld but a leopard never changes its spots does it um so what what we're asking is Medical monitoring DNA testing genomic testing is very readily available and very dispositive and will also give great relief to anybody that has been harmed or inhaled that stuff about whether there is damage to your DNA to one's DNA and whether you maybe have the susceptibility to cancer in the future and Remediation of property because what went up comes down it's just the truth of physics and what came down was a reign of Dio toxins and other toxins and dioxin likee substances that need to be cleaned Dural is a beautiful park-like city look outside it is gorgeous and while it was besotten by a black cloud of smoke um it all came down eventually but it came down on our water features and on our grass on our homes and on all the things that make this city so wonderful and beautiful to live in so that's all we're asking we're not asking for money we're not asking for stupid amounts of anything other than just make the people of dur whole kanta B World whatever they're calling themselves has denied they've opted to deny everything in fact they've blamed all of the citizens of Dural because we live here because our homes aren't hermetically sealed and because our air conditionings don't operate at milspec our military grade specifications uh to cleanse whatever was in the air at that time and that somehow we're deficient in changing filters whatever else they're claiming it's not nonsense just between 2019 and the day of the fire February 12th 2023 the great coant of fire the facility itself had 182 fires in less than four years and the conveyor belt that started the fire they admit to it this the Fire Marshall the County fire marshall says that it was What's called the G1 conveyor belt covant itself admitted that it had two to three fires a year here that they internally reported and we have the Smoking Gun we have their emails uh so it's their own words talking about their own actions and they were also alerted to the fact and this is public record I have to be a little bit careful because this is something they asked to have sealed in federal court but they were alerted to the fact that an amount of money could be spent to remediate uh and a poultry amount of money that could be used to remediate any of the deficiencies in either the vyor belt or a fire sprinkler system or an alarm that would have prevented 100% prevented the fire from occurring we could have been spared an awful lot of heartache and an awful lot of damage perhaps in the billions to all our property and and the Good Will and anything else associated with the outdoors lifestyle of Dural um the Dural fire department I'm sorry the County Fire Department had issued numerous citations for violations pertaining to those fire systems and alarms and despite the knowledge of all of those deficiencies they chose to not repair the system when the price tag came back because they thought that there was no appetite internally in writing in their own on their own email chains they say there is no appetite to remediate so Loos boyim bager was really on that day politics is the art of looking for trouble finding it everywhere diagnosing it incorrectly and then applying the wrong remedies and so you know in order to kind of Stave off what the county is really trying to do and again I'll repeat that on the first week of September they are going to do everything ask backwards and name an operator and then maybe get around to a site anywhere but the ra we're agnostic to that actually but I will as a citizen say anywhere but to so I would just ask that the council have a sense and say we need to appoint an operator that's a good neighbor and a good neighbor should be somebody that hasn't hurt any of the citizens of Dural without making good whether they're responsible or not whether they claim ability or not but at least if it happened on your watch by God if you want another 40-year contract worth billions of dollars potentially at least make good and make everybody in Dural whole and the council can do that and I ask Mr vice mayor thank you very much for bringing this and Madame mayor I ask that you bring it forward as a potential resolution today to get a sense since they're asking for information they're asking for Community input let's give them some input let's tell them what we really want we don't want it in Dale but if it's it's going to be operated somewhere near theal at least let it be operated by somebody that has the decency to make everybody whole when bad things happen thank you all very much I'm sorry I took too long but putting a politician in front of the through the mayor may I I want to call uh Council and Sandra Ruiz to make some remarks very quickly about this um issue as well please very [Music] quickly your thank you and Connie I'll fill out my form in a in a moment um following up a another politician I think commissioner Kaplan worded it I mean perfectly he could not have stated it any better I think from the technical the legal the urgency of actually having to address this I mean he's already said it so I won't uh touch that subject again but I will touch I mean we date back to uh 1998 when we were looking at this issue 2001 none of us expected that a renewal of that facility would take place so here we are years later even after a council and I won't name it but as a group as one body we tried to um make sure that all of the residents via disclosures through new developments were aware of where they were buying and what they were doing I'm here to mostly talk about the political side of it uh from a positive perspective I think now is the time it's the Cru it's crucial for all of you to speak with one voice you know when we fought mitigation when we worked on incorporation we worked as one body as one group and what we did as a group is we made sure that whoever was speaking on our behalf communicated with the rest of the council and when there was a meeting or something to take place it was brought up before the whole body as a group you knew what was going to Happ happened and then you designated a person that when you went to speak to this to the county the county knew that you had the backing of your other colleagues I think it's it's a moment in time and I thank you vice mayor for bringing it where all of the meetings all of you need to be made aware of and staff I don't know if they're recommending that there actually be a task force that possibly could include some of the members that Mr Kaplan is is mentioning but now it's a time to show the County Commission that we are a community we're vibrant we're important to this this section of of the State of Florida but in addition to that it is not a time to be at odds with our County Commissioner it is not a time to be out there in the public naming him you know calling him every name in the book also having members of the community from the Chamber of of Commerce referring to our commissioner Bermudez as El dist do we need him we need him to fight for the city of Durell and keep in mind he's only one of what 13 votes up there or I don't know how many are there right now but he's only one vote he needs the support of six others to be able to move this community forward so again I would caution those of you who [Music] have from one side to the other focus on the issue that will affect all of the families here of D Isles as our mayor said you want this city to be vibrant for the children that you are you know I won't say leaving behind because that would be a little negative but the families that are here the families that are growing up some of us may look to Sarasota or Orlando to eventually retire this may not be our retirement place but it's time to come together and speak with one voice and stop bashing a commissioner that actually needs our support now in order to move this community forward the mayor yes I don't know if the county uh would like to speak or yep thanks well good afternoon um first I want to say thank you for inviting us to the mayor vice mayor your council members your city manager and your City attorney thank you for the invitation so my name is Dr Anisha Daniel I am one week into the job so I am here um in good spirits I'm here to be uh a a team player and to work with you guys so I wanted to make sure I can provide but you know vice mayor you gave a very good um summary of what took place yesterday and um city manager you did also provide a good you know briefing of all of the different things that have taken place thus far the only thing that I would add is as a part of the next steps which is your item before us um as mentioned we do have our next step is to conduct the community outreach including um all of our cities and communities within Miami day County we want to make sure that we get that feedback um what was mentioned by Mr Kaplan um from all of the residents within Miami day County um we are preparing a dedicated website and that website will be an opportunity to provide detailed information about um the reports and any future information that's forthcoming so these are some of the next steps um as was mentioned um the decision will be made in September about the site of recommend a recommendation for a site um but at this time we're here to uh um I have arcadis here um who is the author of the report um Mr Christopher Tillman our deputy director of operations Mr Chaya ke um kapanda had to step out for another meeting but he is in one of the rooms around um but we're here to answer any questions we can answer pertaining to specific things you may have in the report Mr Tillman is here to address that are there questions okay I have some recommendation go ahead would you like to speak not right now oh okay yeah I actually have some recommendations I was at the meeting yesterday um and I've met with every member of the County Commission including our County Commissioner which we are on the same page about this issue um and um I met with the chairman the before the County Commission meeting I spoke yesterday um and so I do think that in preparation for the September recommendations that will be coming out and obviously I I actually have a call pending with the mayor for either today or tomorrow it would probably have to be tomorrow because we're going to be running short of time today but to talk about some of the workshops that um are going to be taking place so that they can take place here and areas of the community um and work in collaboration with our Council and and um and there office so that they they're um they they understand the commit the community's position and and and have that dialogue which was instructed by the the uh commission yesterday the County Commission but I think that in preparation for a recommendation that can come forward in September we need to have our own experts and um representation so I would like to see the city um have I would like us to take action today in requesting um a a formalized legal opinion um on what actions we can take legally if there is uh a decision to put the plans in drout um additionally there has been res representation made to me and I I don't want to go into the term sheet I don't think we need to make it known what our position is right now until a decision of what location the county is going to go with then we can bring it back to the council and make a decision on what our response is going to be on the county term sheet um I don't think we need to do it before that there has been representation made to me that if a site other than D is choose chosen whether it's the opaka west or the medley there is an expectation for Dural to contribute and um and and I think that there has to be a very serious discussion about that because there's questionable um it's questionable whether that would be that would be fair for Dalal uh because we would still be imp Ed by the medley location due that due to the fact that we have residents to the north that are less than a mile away actually less than half a mile away which is even closer than what the Miramar residents are from opaka so my request is twofold one is for us to get a formalized legal opinion and what would be the proper representation for actionable um legal action from the city should a site in D be chosen and and two would be for us to get and I know we had talked about doing this previously and it never got done because it was expensive and there was a lot of different experts but for us to get a real expert to have an interpretation of the arcadis report that will answer to the city council that can give us a breakdown and an understanding so that we have our position and our arguments in a good in in a good place um to be able to stand up and have um a solid position in either a legal an either a legal battle or um if the county is choosing to make a decision to keep it in um in dur yes our County Commissioner is one of 13 but um this is a County Commission issue um and so it is their battle all we can do as a city is continue to advocate for the best position for our city so that would be my recommendation coming out of this discussion it's great to sit here and listen to all these things we all have the report I went to the meeting yesterday I was there all day um I've met with every County Commissioner you know I think we've done our part um I've been a previewed to many of the County Commission meetings of the staff because the mayor has asked me to be a part of it um and so therefore I um I would recommend that we take more action today in preparation for what's to come in September through the mirror I have um I agree with if with what you just said and you know thank you for everyone that presented um I just want to ensure and this is something that I spoke to the city manager's office about I don't know if our lobbyists are here I don't think so right I don't think so I think that um any anything that gets done any information needs to be shared to the entire Council including through our lobbyists um this is exactly how we're going to make a decision I I've noticed that they have been leaving out the council members from receiving information and I think that anything that we do whether it's through uh a legal opinion anything needs to be shared the information needs to be accessed by all of us um so I just want to state that into the record and make sure um that our lobbyists even though they're not here understand this as well thank you councilwoman thankor woman I actually was going to refer to that too because at the time that I um heard that there was a meeting uh I didn't get any information prior to that and not right away after that meeting I think that is really important because at the end of the day we're our body and we all representing our city I my case being against and fighting against goanta since before I even thought about running because I I'm live all the way to the north side of the city so um all the residents we're talking about 74 going north were very affected too uh by both at that time uh waste management and also Kant at the same time so um I really think that we should get also report um more often our lobbyist because I don't know when was the last one that he gave us when was the last one that he sent us and I think that we deserve to be able to have um more updates of what's going on and how is he working the communication with him with the uh other members of the um of the commission because that's also give us an IDE an idea of what to expect and how we can keep working I can say that uh thanks to our commissioner uh JC bermudes were're able to have as much information as possible because he's someone that within one phone call he he right away answer he right away try um to gather as much information as possible but now so that I mean he's also a d resident he's the founder of the city and I know that with the uh with the first um elected official body they've been fighting non-stop so also Mr kaban thank you so much for uh being the voice of so many as well because I'm also a resident here we're all a resident here in our city and thank you for um coming in today and and also speaking with us and also to former vice mayor thank you so much for uh your input as well okay all right so are we taking any action or Joe I if I might very briefly just to clarify uh we're certainly happy to look at that now my understanding and of course it's you know long before uh we were here I think any of us were here um there's a Prohibition uh that on certain things that we're able to do such as Sue we're going to study that very closely I just just want to clarify that what we would intend to report to you is not just what we can't do but what we are allowed to do for instance I'm not aware I I'll study this and my my firm will work with me and we'll give you something with some meat on it but it may be the case that there is not a Prohibition on lobbying my understanding is we're not prohibited from I mean it's expressing an opinion and if it's with the assistance of a lobbyist that's fine but there may be a range of things and we want to not just identify the ones that we can't do we'll try assuming that's the will of the of the council we'll try to identify all the things that we are able to do and what we can arm you with together with the manager's office uh working with you to try to see what proactive steps you can take so I just want to clarify that would be unless the council has another desire that would be what we would try to do in response to the task that you've laid out for us correct except that um there there is is certain prohibitions in the charter however um the the commission took a a position and an action to close the current facility therefore there's nothing that says that we cannot oppose a new facility so that would be what I would look at but I won't go into any more detail with that uh I would say that come back with a legal a good legal opinion on what the actionable items could be yes ma in preparedness for what for September absolutely we need to be prepared and ready to act several scenarios I guess yeah thank you okay do you need a cons okay perfect all right anything else vice mayor no thank you okay right we've exhausted that item let's move on discussion item G Advisory Board member nominations um can I get a motion for The Advisory Board member please motion motion to approve by councilman Pino for what is this is Advisory Board nomination second second by vice mayor P corvey mam CL please call the roll motion to approve a nomination as presented made by councilman Peno seconded by Vi May cor councilman Peno yes VI cor councilman Cal yes coun yes okay before we go into item H we have a Time certain committee meeting for the selection of City attorney with um interviews that have been scheduled which we should not run behind on so we have to make a decision do we defer the rest of this agenda to the evening session um or do you all want to keep going motion to defer okay so we will defer items h i j k item 6 DD and 6j 6j mayor's report Council comment and everything else left on the agenda which are just reports city manager City attorney city clerk report to the evening agenda after the ordinances are heard is everybody okay with that yes okay all right so I have a motion by vice mayor P corve second second by councilman Pino Madam clerk please call the rooll motion to defer the remaining items on the agenda which should be items 9h i j k consent item 6j consent item 60D mayor's report Council common city managers report City attorneys and city clerk report to the evening session after the public hearings May by Vice corve second by Council Peno Vice May corve yes Council Peno yes councilman Cal yes Council poras yes passes okay um now I need a motion to recess till 6 PM motion to recess motion to Recess by vice mayor B vice mayor P corve second by councilman p on favor say I I meeting is recessed till 6 p.m. C do that