e e all right good evening welcome to the city of North May Beach City Commission meeting of Tuesday January 16th 2024 um can we get a roll call please Madam clerk commissioner J shov here commissioner McKenzie floron here commissioner Danielle Lan here commissioner Michael Joseph here commissioner Phyllis Smith present vice mayor Fortuna smuckler present mayor Evan Piper present Mr Mayor corm has been established thank you thank you um all right next um for our invocation I'd like to call on Reverend Dr Kyle Gibson of the greater Gibbs Chapel African Methodist Episcopal Church Heavenly Father we come to you today asking for your guidance for your wisdom and your support as we begin this meeting tonight we ask that we engage in meaningful discussions allow us to grow closer as a community fill us with your grace and Heavenly benediction Lord God as we make decisions here tonight that may affect the lives of those around us continue to remind us that we we are here today to do those things acceptable in thine sight what we do tonight is for the pursuit of Truth for the greater glory of your kingdom and the service of humanity we ask these things in your most magnificent name let all who love the Lord say amen amen thank you very much um all right so now would everybody please stand for the pledge of allegiance to our I pledge allegiance to the flag of the United States of America the na under God indivisible liy andice all okay requests for withdrawals deferments and additions to the agenda um Madam clerk yes Mr Mayor I've been advised for the request of commissioner Joseph uh through the office of the city manager a resolution regarding discussion item 15.2 titled weekly recycling service has been moved to legislation which will now be item 11.4 a hard copy has been placed in your um individual areas for your review those are the only changes I have made to this agenda mayor if I may as well yes um we have um professors from FIU here with um regards to item 11 11.3 um out of courtesy I'd like to see if we can take them out of order and move them um before the Quasi judicial okay um also just a point of clarification and I don't know if we need to um move it out of consent but item uh 9.18 which is a resolution um to um with regards to Toshiba American Business there's a scribers error within the um in the resolution where it says that the item is uh 258 $8,000 um to just to clarify for the commission um the the budgeted item is for 175 we anticipate only spending 125 um as we're moving from Xerox to to Sheba but um just so that you have I don't know if we need to pull the item or we can in 918 it only shows the 125 it doesn't show the other within the resolution itself okay it's in the okay so I just wanted to clarify that I don't know if we need to pull it from consent so clar well if we the maybe the City attorney would answer better on that but um if we clarify the scribner's error can we keep it in the consent or do we need to do something different so every resolution that um that we prepare for the commission to approve actually has a clause in it that anticipates the possibility of scrier Errors so if you approve the item as a consent agenda item staff will take the necessary steps steps to correct that in the final version that gets assigned and becomes part of the record to reflect that pursuant to that provision in the resolution itself and it would be perfectly okay to leave it on consent um subject to the stated correction that we will make um to the document uh in its final form okay so so when you read um the items on the consent agenda you'll make note of that correct and in fact I believe that the um the title is is is is good to go trying to gra uh Mr Mayor yes the title I believe is is um good it's within the the resolution corre it's it's within the body of the document we'll correct that uh before it gets signed okay could I just ask yeah go Mr M uh Mr attorney scribers errors when it comes to numbers like this scribers errors when it comes to numbers like this because yes every single resolution says that you if there's a scribers error you're going to correct it but when it comes to numbers does that fall obviously Under the Umbrella because you're going to fix it but in in this particular instance because it's been stated yes it does and and every other provision of the document including the title as well as the uh body accept that one whereas Clause refers to the correct amount okay and we'll correct that whereas Clause thank you and we'll put it on record from now on when there something no problem good okay and so so we're going to and we're going to move um 113 to um right after the consent and right before the Quasi right okay thank you sir I appreciate that okay Mr Mayor yes in addition we do have an additional um presentation that's going to be made it should have been at the 5 o00 it'll be at 6 okay so we'll add that into our presentations okay um too okay anything else or we're good with uh with uh overhauling the agenda good okay I make a motion to accept as as amended second okay all in favor say I I any opposed okay passes unanimously okay um all right so let's uh start with presentations and I guess we can let's do the proclamation first and then we'll do this short presentation afterwards okay you're on for that join me okay if everybody could please join us in in front of the day here so we can do the proclamation check check mayor Nickerson come on Mr everything good now so back in November I went to the state of the city of elportal and um I found out that you were the first Native American mayor of Miami day County and I started Googling as you were talking and I realized that that month was actually native American heritage month and it was too late to to honor you here at our city and December didn't work so we're in January and a little bit behind but I am um honoring we are honoring him here tonight for being the first Native American mayor of Miami day County and um my my clerk is in love with your braids and um I wouldn't tell her the story that I recently found out and I'm hoping after we do the the proclamation I I really do want you to tell you this the the reason behind your braids so because I think it's beautiful it's okay you don't get it yet um and I I actually met him online it was kind of like right personal it was uh through mayor Cava but we did meet online he's watching hi sa um whereas mayor Omar C Nickerson PhD is the first Native American mayor of Miami day County serving the village of elportal for eight years as vice mayor and becoming mayor in 2020 currently he serves as a second vice president of the Miami day County League of cities and and I'm just gonna and whereas mayor Nickerson mayor Nickerson serves the village of el to which is a bird sanctuary if you guys haven't had the chance drive by there you'll see what they're talking about peacocks all over the place uh the city was originally the capital of the taquesta tribal area and also boosts links to prehistoric Indian life at the Little River Mound and whereas mayor Nicholson was born in Miami Florida he received his bachelor's degree from the University of Miami in Liberal and social Arts his first master's degree is in global history and social graph Geographic studies from the University of Cairo in Egypt and his second master's degree is in international political science and E Economic Development from the University of damasus in Syria and whereas mayor Nickerson is a lecturer who has given speeches to the public throughout the Middle East and Asia he works as a handson educator with schools that are listed under the educational transformation status due to their low scores on standardized test and whereas today's his birthday happy birthday and whereas he's in and whereas he's an amazing human being two three four five whereas mayor Nickerson has certifications in micro and macro economics world history American government American history and geography he has certifications to educate individuals with a wide range of disabilities including those with special learning needs varying exceptionalities specific learning disabilities and emotional and behavioral disorders and that's whereas mayor yeah you can do that whereas mayor of el portel he has overseen historic economic Financial infrastructure development and business success and credits his residents his administrative and governmental team his clerk his city clerk his city manager now therefore we the mayor and commission of the city of North Miami Beach Florida to hereby celebrate mayor Omar Nickerson as the first Native American mayor of Miami day County thank you for your service and commitment to the residents of el [Applause] Portell and um I just want to say that his clerk is here and if you want to come and join us and she is a resident of North Miami Beach so come come on and also um his city manager is away but she um she did help me and she she sends her love and um a a state represent Joe Geller also sends a hug so thank you thank you very much I appreciate it oh and Happy Birthday well I really appreciate this you all I'm not going to take too much time just because um It's a Full House house and I want you guys to get to your agenda I know how that is um as mayor running the meetings to get to the agenda but you did want me to explain the braids so a lot of people see me they see the two braids and they're like why does this guy always have these braids well my dad is African-American my mom is Native American my mom is lotas Su she still stays on the reservation in South and North Dakota with her family and so um just to kind of really quick take it back this this land where we are um it's it's it's a different type of situation it's a situation that I always kind of told myself that I would always always remember and so as I said my mom a long time ago when I was very young she said Omar you have to understand that your bloodline is a different bloodline she said because your dad's African-American therefore half of your bloodline belongs to a group of people people who came over as slaves the only group of people that came over to this nation as slaves she said but the other half of your bloodline is Native American from me she said and that is the only group of people where this land originally belonged to that was taken away from them she said so both of those Bloodlines you have the only ones that can say either or and because we went through genocide as Native Americans and because you really if you don't go on a reservation or you don't go to a Casino you really don't see us anymore and that's something that always stuck out of my just in my mind that always kind of haunted me because you know when you go to Japan every corner you will see a Japanese person when you go to Russia on every corner you will see a Russian person you can walk down the street here in North Miami Beach how many Native American families do you run into but yet this was our land sir and so being that's the case we do keep our hair long and we do usually keep it in braids so that when we see one another it's reminder that they didn't kill us all and some of us are still here oh wow that's thank [Applause] you you brought somebody with you should she come up well she's wonderful yes she can come up come on up come on and doesn't he have the most beautiful smile always smile yes always that smile is always there he is always always like well thank you guys very very much coming up right now that's my clerk cler jacobe that we said it came but coming up right now is Miss Chapman um she's like my partner and everything positive and um she has her bra and I met her because I'm like part of every chamber of ker so I'm part of like the hyah Chamber of Commerce the Hispanic chamber of commerce the Latin Builders Association the coral Gable's Chamber of Commerce chamber South which is Pine Crest Paul meal Bay Cutler Bay Homestead and so and so the aventur marketing there we go I'm going to be a part of this one soon the aventur marketing Council in the Chamber of Commerce um she's part of that and she's a uh outstanding upcoming force in that and so that's where we kind of connected I appreciate all of you I'm not going to take up any more of your time thank you very much Madam commissioner you are wonderful I love you to death I appreciate you thank you very much thank you thank you all for being patient thank you I got it got thank you so much yeah that's I believe that's it you know why okay so um back to presentations um we also have a um I guess a short presentation that's going to be on our typical presentation so you guys ready to roll that is [Music] there okay do we have any other presentations or okay do we have a right one oh there we are okay good hey there North Miami Beach wishing you a fantastic happy new here we just concluded a thrilling month filled with excitement for our wonderful residents and fantastic business owners like yourself today let's dive into the festive highlights and eagerly anticipate the amazing things awaiting Us in the upcoming days and weeks of the New Year cheers to a joyous and prosperous 2024 do you know about NMB Waters who care to share payment assistance program residents in me May apply to receive help in paying their water bills thanks to the voluntary contributions of other n water customers and businesses who care to share the city of North Miami Beach launched the home rehabilitation program that allows approved homeowners to receive funding for the replacement of Windows Doors and roofs which will make homes more efficient December 15th was the last senior lunch of the Year special guests like commissioner Daniela Jean commissioner phis Smith and commissioner J kof dropped by to share some holiday cheer with our seniors the next senior lunch will be on Friday January 26th from 11: a.m. to 2 p.m. the city manager listening tour took place on Thursday December 21st at 6:30 p.m. at Highland Village to look back at the photos from the latest events here in the city of NMB simply scan the QR code on your screen with your phone or find all city of North Miami Beach event photos at flicker.com on January 2nd 2024 the city building department went live with electronic plan revie using project docs project docs is a webbased solution that lets customers initiate and complete the plan submission review and approval process online rather than using a manual paper based process Friday January 12th was 2024's first Farm share drivethru distribution from 9:00 a.m. to 12:00 p.m. walk-ups were accepted while supplies last the city of North Miami Beach mayor and commission and the NMB youth Advisory Board presents the ml contest the deadline was Friday January 12th 2024 for all inmb students from grades K through 12 to submit their entries now let's take a look at some of the upcoming events join the NMB library for the North Miami Beach literacy fair on Sunday January 28th 2024 from 2: p.m. to 5:00 p.m. this event will also feature games performers Student Art presentations and more for more information contact the NMB Library by call call 35948 2970 or visit nm.com the mayor and commission of the city of North Miami Beach and the Multicultural committee presents Harmony of Heritage a black history celebration on February 3rd 2024 doors open at 5:00 p.m. for the Art Exhibit and the show begins at 700 p.m. at Julius Litman Performing Arts Theater let's honor the rich history and cultural contributions of the black community experience the Legacy of black composers and musicians and a night of musical Excellence this is a free event the city ofmb will offer onsite DMV services on Tuesday February 6 2024 from 9:30 a.m. to 1:30 p.m. new ID card class LIC 18 months in advance and CDL LIC 12 months in advance to schedule appointment call 30594 82921 extension 224 save the date the city of North Miami Beach mayor and commission and the commission on the status of women will present the 10th Annual heart health walk on Sunday February 25th 20124 from 9:00 a.m. to 1:00 p.m. registration starts at 8: a.m. in the words of Reverend Dr Martin Luther King junor the ultimate measure of a man is not where he stands in moments of comfort and convenience but where he stands at times of Challenge and controversy and that will do it for the announcements Happy New Year okay thank you um all right so now for public comment um Madam clerk good evening everyone the mayor and commission of the city of North Man beach has opened a meeting for public comment at this time there is a 3 minute time limit for each speaker speaker when you're called to the podium please state your name for the record or the name of the organization which you are representing the mayor and Commissioner of city north man Beach recognizes the importance of Civility the city of North R Beach request that all in attendance to exercise civility towards each other and our first speaker is Emma sotero hello Commissioners and mayor my name is Emma sotero I am 16 years old I'm a student at Barbara Gman Senior High School in Miami Lakes and the administrative director at brutum poo brutum poo is a 501 C3 nonprofit completely student Le which advocates for student engagement in government as well as Civics for tutam pao is planning the Miami D youth governance day a program that will take place on April 10th 2024 this day is an mdcps teacher planning day so students will not be in school the youth governance day is a program where students from each of the 35 34 local governments in Miami Dade will become mayor for a day in their City Rutan poo will take care of the process of filtering through applicants and narrowing down to two options where the local governments will be able to pick from applicants from your city must either live or attend school in the area of jurisdiction they are applying to we will also take care of training the selected student beforehand to ensure they are prepared we will create custom flyers and advertisements for the respective municipality transportation for the student as well will be provided by P and pupo the only task you are given by taking on this project is creating an agenda for the student to complete or events for to participate in on April 10th as well as supervising them throughout the workday with several other cities and towns already on board we hope that you join us in spreading our mission that government is at the core of American democracy and local government is the heart of it all through firsthand experiences such as this we can candle a love for government and more students creating a better tomorrow for my generation along with future Generations after us your city was previously contacted by email however we believe the best way to spread our message about youth involvement in government is to attend City Council meetings where we can show our involvement firsthand I have several Flyers explaining the program in further detail if you would like to see them which have contact info if you are interested in hosting our program in your city thank you and have a good night okay thank you thank you and Mr Mayor um I I'd like to say that I think this is something we should do okay and if if we can direct staff if they can reach out to her or vice versa thank you one thing on on top of um to to pick pick it back on your point uh I know they said this is this is in regards to the day um Public School System right yeah correct is there any way we can try to see if we can get the day schools involved as well taus Ms and um because just so they can because they're in our community as well just to see if they can get involvement on top of this yeah yeah of course we'd be willing to spread thank you thank you April 10 Mr Diego thank you Happy New Year's everyone happy New Year hope everybody is blessed my heart is filled with what I just seen and witnessed with the mayor of eleral and I'm so proud of all of you in front of me because I seen camaraderie the division that I have been witnessing speaker I seen something oh my apologies my name is Sir Diego and I'm also a resident of North Miami Beach I'm so excited to make this speech I forgot to give that presentation first I'm smiling and I did brush all these teeth and gargo before I came thank God for a good dner plan but I'm my heart is filled with what I just witnessed with all of you I'm so proud because I have no animosity toward no one sitting up there and I see a new face here and a new face there but all in all we'll eventually get to know each other but I'm so happy with what I seen there I seen all of you working together and Mar congratulations on your win and I see you repres presenting for a certain class of people with physical challenges but you did not let let that deter you so I'm so glad um with that being said to with poly valard you know she was running for something big too she wanted to be the first woman she wanted to be the first woman of African descent to win and she did not win she was very close but I know there's a lot of politics behind the gift cards there's still animosity but all in all a lot of people lined up from five o'clock or so in the evening the night before and they slept in their cars and waited until the morning after because the need was that great it's just a shame that a lot of those same people didn't show up the vote for her so sad and I say that lovingly and with all due respect but it's just a sign that we have to do better because there was such controversy behind those gift cards she may not have made the best decisions and so forth but again it showed the need and a lot of you agreed to have that happen I actually ended up being a person who was gifted from that but it's just sad that she's been crucified behind that also moving on I want to say that in regards to what's happening with chief police chief police uh Smith I'm at home in my house moving along with my duties and I see her on the news being investigated by the Florida Department of Law Enforcement this is a woman who's representing a movement that's going on she's first woman and first black woman that have been promoted into her position as police chief the same as you see that has happened in North Miami the same that you just seen with Stephanie Daniels the other day who is now the director and I just reached out to the Department per the advice of police chief Smith and also um interim police chief kamacha in regards to aami day police officer who parking their car illegally in our community and I got a call immediately uh from Lieutenant Saunders the work that I'm doing in the community but it broke my heart to see that whenever you are of African descent we go through a lot still yesterday was Dr Martin Luther King's birthday but never forget that the struggle was still there we had to endureed centuries of discrimination and it still goes through with the Jim Crow laws and so much more we're still we still have a lot of work to do it hurts it hurts and again I have no animosity toward no one in the room all I'm asking is just simply to understand what it is she's a good woman she deserves an opportunity to remain in her position as far as what I see time time and so with all that everybody be blessed happy New Year everyone happy New Year thank you thank you Mr David zapen I'm David I'm David I'm the founder of the charity Corporation 30k for back pay um I also have thoughts about Crime and Punishment um I'm looking at this form for how people apply for jobs uh anyone actually tried to use this lately uh I tried and if I can't figure it out there's a bit of a hurdle again it's not the full of any one person here but you know lead me to your systems analyst part of why I ran for mayor it was easier to run for that than any of these jobs um maybe I should um lead a reality tour now I have all the respect in the world for our police for them fighting blue collar crime how about a tour of white collar crime places that I know I have to pay cash or they'll skim my credit card um how about a supermarket where you know I use the Bargain Bin and then I have to yell at them over and over that they forgot the discount uh who is the white collar liaz on I've asked this in the past and uh recent changes have made that more difficult who is our white collar crime Leone um I guess oh and what used to be the Dita venture over by the chai what's going to happen to that what developer is going to swoop down and take advantage of of that property now that the vaita has moved not into our North Miami neighbor City our neighbors but the unincorporated area I had to find this out from North Miami I hope that the homeless trust someone will convert that into a homeless rehab center um especially for people who cannot get money from the from the seal cell plasma next door to the current Dita biscane Baye Center you know for all of my credentials you know I have no rights the closest thing I have right to rights is you know my 3 minutes here voting on a good day I can be heard on Chicago radio but not local radio that's just not the nature of the Beast so happy New Year best wishes and you know we'll see what happens I uh hope this will be you know a more productive year than we've seen recently thank you thank you thank you any other speakers Mr Kazan good evening everyone my name is mabarak Kazan happy birthday to Dr Martin lther King who was yesterday and mayor Nicholson today is your birthday happy birthday mayor from El Portal um I want to talk today about strategic planning because I heard it came up last week that all of this highrises that we are having now stemmed from that the strategic planning questionable to me I'm going to keep my opinion to myself tonight but more bad than good came out from that from that we outsourced the sanitation from that we outsourced the award-winning water plant it claimed that it ran to failure but the only thing that ran to failure were some of the staff and politicians those were the only thing that ran to failure we outsourced the law firm we're not getting a good bang for our bu sorry sir John and we learned last week that the high-risers came from the 2015 strategic planning were any studies done like the Gatling glatting Jackson study done in 2006 2006 2007 from that strategic planning they want to put four Burge Khalifa buildings at the mouth of Eastern Shores 440 story high buildings well the barg leave is a little taller but I mean you guys are going to get a canundrum with traffic if better access is not garnered from there um I went to the puc meeting last week and we still have under staff in um mayor Commissioners you guys had asked for a head hunter specifically for the water plant nothing you would ask for a dedicated procurement officer nothing you um and that you requested 5 months ago in your budget um Mr Mayor you were not here but the vice mayor he was acting as the mayor he was here and um you know this thing is not a oneman show it's a seven a seven men and women show and you tell the city manager what you want and he has to carry out your wishes he cannot car out his own wishes you have to car out a collective body of wishes or we would fall again we would go down that road of no return again where we have to fight like hell to get back things like the water plant because it's going to run down and it's going to get more expensive the the vendor that we have there is is very expensive now it's getting very expensive because of the delays and the honeymoon is over the honeymoon is over I'm telling you you guys wake up we don't have time to skilly D we don't have time to Skylark we have to move now if the commissioner say Head Hunter for the water plant and they want a dedicated procurement officer for the water plant that is what they mean nothing else thank you very much for having me thank you Reverend Kyle Gibson senior pastor greater Gibbs Chapo African Methodist Episcopal Church each year begins uh new thoughts new ideas New Opportunities and new responsibilities um 10 months from the day we will face at another election for this city the past election out of three only 3,555 people of 2,391 elal Voters participated for only 16.62% over the next 279 days the voters of this city will make another decision uh factors that will influence those decisions will be service rendered over the past year and what will happen over the next 279 days I pray that we continue to operate in unity as we've seen um since the beginning of 2024 and just know that the eyes of North Miami Beach is watching I pray that you keep a spirit of Le and do the right thing for the people will fight the power on election day God bless you thank you any other speakers Mr Mayor that was the last sign speaker okay thank you um all right and next will be City commission reports U Madam clerk so you'll be closing public comment right oh yeah we need to close public comment yes okay commission reports we'll start with commissioner J shernoff good evening everyone nice to see everybody happy New Year um I attended along with I think all of us yesterday um the 5,000 role models and we have two role models on our commission McKenzie floron and Michael Joseph were installed so congratulations to them thank you to Fred Rica Wilson Congress woman who puts on the 5,000 role models for as long as I can remember now and it's grown to be like a major major event now with almost every mayor from every community of Dade County there it was a nice event and congratulations to all Mr manager um I'd like you to put on the next agenda the ability to go out for bid or you know a study to do um bringing back home our trash on garbage service sir on on the agenda is a discussion items which talks about ins sourcing it's been on the agenda for several months we need to get there in order for you to give direction whether we will move forward with a um uh consultant to analyze the findings that we have um to validate the numbers or not Mr ma mayor would you please get to that agenda item so we can discuss it thank you okay commissioner fan good evening everyone thank you so much for being with us tonight um uh to um reiterate to a certain degree um that we did participate last uh yesterday on Dr King uh day uh at at U Miami Beach Convention Center we had a great time with our 5,000 Role Models project um that is spearheaded by congresswoman Wilson I remember where when it was 500 Role Models um years ago when I was at Edison Middle School that's when I actually became part of that program and so um a lot of us including commissioner Joseph um you know have been involved with this program ever since we were in uh in school and so today to be mentors to other students who are receiving scholarships um so that they can continue their education is a great thing and we salute everyone uh that was there yesterday including all of our members of the commission that were present uh thank you so much for your support um in addition to that um I I know that we have an agenda item to discuss um the trolley that I definitely would like to get to because I think that um we we definitely need to uh um make sure that we stay steadfast in the services that we're offering our residents and when we look at the better bus Network I know that the county had its Vision or has its Vision as to what the better bus network is but um you know when you keep your ear to the ground or to the street um you hear from your residents and a lot of of them um have been um expressing their uh dissatisfaction with how it's been rolled out and the fact that a lot of them are losing routes that they've been used to for decades and so while there are some great positives and um foresight to the better bus Network I think that in its roll out a lot of people are also realizing that there are people who've been taking certain routes for 20 30 years that don't have those routes available and are now having to walk 30 minutes even further to get to a bus and I think it's us as a municipality's responsibility now to really supplement where those routes have been eliminated so that our residents don't feel the burden as much so I look forward to getting into that conversation um so that we can figure out how we can get um to a good consensus as to how we supplement those issues that are happening uh with the bus routes so that's it for me for now thank thank you so much look forward to an expedient meeting um and that was a [Laughter] joke commissioner J good evening everyone happy New Year again we had a great time at the MLK um well I actually had the pleasure of attending the parade as well thank you Mr Kazan um we had I had the great pleasure of attending the MLK parade and also the 5,000 role model breakfast with my colleague and I'm excited to announce that we had many students participate in our song MLK songwriting contest so we'll be sharing um some of the entries that were in that contest tomorrow Wednesday at 7 p.m. the Parks and Recreation division will be hosting its a monthly teen chat so if you have teenagers that would like to participate it will start at 700 p.m. at the McDonald's Center I wanted to Al also share a quote from MLK life's most persistent and Urgent question what are you doing to help others and I think that's going to definitely be the message of this year for us um to the manager I I did ask for all the social services that we have in the city uh and I did receive that email from you my next question is how are we communicating this to our residents I did make mention that I would love to see more communication in the different languages that reflect the community and I know we're going through some transitions in our communication department so I don't know if you can speak to that and um hoping for a great meeting tonight commissioner absolutely um we've had um staff uh separate from from the village they've um opened up their own business which we're always proud of um however that does create a transition for us um we do have an RFQ out and we created a pool of Consultants to be able to do we've tapped into one of those Consultants to help us um and one of the first um tasks that we're doing is uh reorganizing um the overall plan for communications how the city moves forward and that's one of the key aspects of of what needs to be done is communicating and in try language as opposed to in just English so creating content content content is at the top of that list um to make sure that we're pushing out not only information about events and the programming that the city has but also giving the residents information so that they know about all the happenings what is Public Works doing um the the successes of um PD um of the beautification and all the other departments within the city as well commissioner Joseph good evening everyone um thank you madam clerk um looking for an experi meeting I know we had a great time over at the um at the 5,000 Role Models uh breakfast yesterday um it was a pretty uh hyped up uh Affair um and uh commissioner flont has been a role model longer than I have but just by only a couple of years he started Middle School I started in high school at um Miami Edison also want to congratulate um commissioner um Daniela Jean she's a MLK inductee 2024 FIU alumni gold Panthers so I want to congratulate her for that so as a proud alumni I want to say state that I'm looking for an expedient meeting today as well and that's not a jokeer hopefully that works out thank you commissioner Smith thank you well it was a very busy weekend actually um first I want to congratulate our mayor uh Reverend Gibson is has a project for having a ramp a bridge to his church and he has made the uh honored our mayor as being the co co-chair of that yeah of the special Ministry talk about in a minute yeah the whole Ministry so um um I was honored to be able to be there and to give him his Proclamation also um are you Shiva school which is very big in North Mi Beach had a huge dinner with you know almost a thousand people and what was really really nice Not only was it a beautiful event but they really reached out to North Miami Beach to thank us for all that we do and for being good partners for them as well um I want to again wish happy birthday to our el pel mayor he is always this personality I met him when he was teaching a class and he mesmerized everybody in that that classroom for over an hour so it's an honor to have them in our city um I also want to ask the manager could you get back to us in reference to the Head Hunter for the water plant could you get back to us for all of these emails that are coming that we put through request to make it easier for North bam Beach and better for North b beach to run smoothly by hiring some very strong top of departments could you get back to us why it is taking so long and where are we at that and um I want to remind everybody the senior luncheon is January 26 be sure to call them at the recreation department to tell them you're coming if you're coming so they can have uh plenty of nobody will be left out for their lunch and I just want to say to my uh son and daughter-in-law who who just celebrated yesterday their 19th wedding anniversary how proud I am of them and I just wish everybody 2024 to be your best year ever and when you go out every single day make memories and make sure they're good memories thank you very much mayor I may um commissioner we have been speaking with various um Head Hunter companies uh recruiters um what we've learned is that one company doesn't do everything and they're more specific towards um one industry or another and so um we're putting together and finalizing an RFQ so in February um you will have the item before you to be able to pick on I think it's we're looking at probably three firms to be able to look at um the various type of positions we are also having issues recruiting for a Chief Financial Officer as well as the community development director and assistant director so we're hoping to uh be able to bring to you all a package so that we can have the the firms that specialize in those type of fields um help us uh find the right fit for for the city so February you're going to bring it back um February you're going to bring it back and and are we going to get an opportunity between those three companies to pick a company or you're just putting it out for bid now the the idea is so that we'll have a pool and we'll be able to um use whichever company is stronger in finance or stronger in engineering or stronger in in uh in planning be able to use whichever those companies would benefit the city I think we if you can if we can move it all up I'm speaking and I don't know is it on it's on it's not close enough thank you um I just would like to it'll be 6 months in February and we definitely need those positions especially the water plant to be taken care of so if there if if you can bring something back we're ready for it we we we're ready to move forward thank you vice mayor smuckler thank you so happy New Year to everyone and um I want to congratulate commissioner Jean the mayor um commissioner font commissioner Joseph um that um the 5,000 role model breakfast it just gets better and better except during covid I've been to every year that they've had it since I've been on the day is now almost six years and I think there was like 1,800 people there yesterday um I also want to give a a shout out and an acknowledgement to someone who's in our Audience by the name of Ron Ben heon who just came back from serving 90 days in the Israeli Defense Force and thank you so much thank you so much for for your service to protect Israel [Applause] I and um I you know last month in December at the commission meeting um commissioner Smith made a comment about whenever any of us go um to a conference that we should come back and and bring that information so I was at a conference in November December and I do want to talk a little bit because I don't want to take up the whole night and I also want to be careful because there's some things that I don't want to say that we may vote on but um you know the the the state wants to take away the BTR life licenses and um I was talking to the the manager in opaka and if we take away if they take away the BTR licens they have Amazon they they live off of that so you know we live off of we don't we don't that's not the main source of the money coming into our city but it's it's a good chunk of it so you know we need well you know I just want to let you know about that um the property taxes um it may get to a point where we may not be able to afford lowering the millage because you know they're they just want to give more and more exemptions and and they're they're welld deserved exemptions but it's going to affect us um they want to raise the the limits on the sovereign immunity they want to change in the state the the the the residential building permits the to review and approve from 30 days to three calendar days can our staff really do that I mean we we would have to hire more people to do that so you know these are things that you know that that adds adds expenses to us um the the water bill utility sear charge and this is all because I'm I'm I'm on the uh Taxation and Finance board and the uh advisory boards um we have oh I learned a little bit about the annexation Jews and dones which you know that's something that we're doing and um you know we we really we really need to um I don't want to talk anymore because I don't want to violate any sunshine and I also stayed an extra for a little bit extra and I went into a a focus group that I participated and gave my opinion which is actually some stuff that I'm going to bring back to the league of city as well which will help us at the very end so um thank you for your time and Happy Birthday mayor Nickerson thank you oh wait hold on hold on I want to see everybody sorry I do want to see everybody um the Multicultural committee is having a free event um for black history celebration Harmony of Heritage Saturday February 3rd 5:00 P p.m. at the Litman theater tickets you can get them online we're going to pay tribute to the rich history and cultural contributions of the black Community experience the legacy of black composers and musicians in a night of musical excellence and then we have the hard Health walk February 25th Sunday thank you mayor Piper okay thank you um so just since our our last meeting just a few um observations and things I wanted to share um it was uh really a great holiday season uh I got to experience in the spirit of um of unity as one of our speakers has said before I got a great opportunity to experience a lot of different things since um the last meeting of course during uh the Hanukkah time I was involved in many manora lightings including the one at City Hall and even for some other businesses and residents and uh it was really nice um Christmas we had the Mystic Force foundation's holiday party right here in front of the police station which was a really nice party as well as other things we even had for new years's um at the library there was a seniors karaoke party um I even sang a little bit hopefully um Patrick is hiding the video of that somewhere um I'll probably see it during election time um I'm sure I just reminded someone okay um and but but it was was really we we had a really really good time there and last Friday was um the Haitian earthquake commemoration ceremony which was down in Little Haiti um I was there commissioner John was there commissioner Smith was there um very very meaningful was was oh commissioner Joseph was there were you there as well okay I get all right and um so very very nice event there was a little walk afterwards so I got to participate in that that gave me another another view on things um also on Saturday night there was the prestigious Haitian musician Awards right here at our theater another great event I mean I've never seen so many well-dressed people incredible um and and and really they turned our um our McDonald Center into uh looked like a grand ballroom it looked really really nice and um but really really nice event and was was honored to be there with commissioner John commissioner Smith um and was able to share and welcome everybody for that um on Sunday a very special day for me this past Sunday was at the greater Gibbs am Church in Washington Park with Reverend Kyle Gibson who's here um there was a uh Ministry naming in my honor as well as another gentleman uh that the Reverend knows for a very worthy cause they're trying to create better handicap accessibility to the church so um it was a big honor for me um really nice to see commissioner Joseph out there as well to support me as well as commissioner Smith so John commissioner John y right there too um trying to keep it all in shape insult somebody always but do my best um but no and and also I'm just a quick shout out to uh to Reverend Kyle Gibson um he's you know come into this community just a few months ago and he's really got himself into this community and stepped up and is involved in the Chamber of Commerce and events and comes to commission meetings and um really just like to see the involvement from the church um from you know spiritual side business side residence side just uh really really um a role model for that kind of thing and if we had a lot of people doing that it would really change how our city would be in so many ways um and then Sunday evening um I was able to go to the tourist H tourus EMT event with the Yeshiva with the Jewish school and was very very nice event um also very meaningful and then yesterday morning um something I've never done before was been invited to the 5000 Role Models breakfast I was um pleased and proud to see that you know some of the former inductees were commissioner Joseph and commissioner um florand so that was really really nice and got to have some of my colleagues there as well so just uh really really nice there I got to see some other people also congresswoman Fredrico Wilson who puts that together so I was really happy to have all of that back to the a more direct um nuts and bolt City business I did kind of follow the manager around on his listening tour um and I really really good input from hearing the residents in different communities and being able to act and hear what the needs are of those residents so I commend you for those tours and I commend you for not kicking me out and um so that's really good um also and the last thing is the lighting initiative that I mentioned at the last meeting that is underway um you know if when you start paying attention to how many street lights we have out um in our city it's it's amazing um Deputy Chief kamacho and his team have been out at night they're mapping out different um areas where the lights are out so that the staff can get working on that U most of those lights are actually being they're not really owned by the city they're owned by either the county do FPL so they're doing the necessary things to get those fixed so that we can start working on our our safety and beautification of the city um other than that happy New Year and uh thank you consent um okay and consent agenda okay all right move on to the next item got it all right so on the consent agenda I'm going to uh request a motion and introduce the agenda so we've got introdu introdu by commissioner turn second second by commissioner smuckler and um all right all in favor I I no no read the items oh I'm sorry I was just in favor of the of introducing you but okay go ahead thank you Mr Mayor members of the commission uh first item on the consent agenda 9.1 is the regular City commission meeting me commission meeting minutes of December 19 2023 uh item 9.2 resolution number R 20241 entitled resolution the mayor and City Commission of the city of North might be Beach Florida approving and authorizing a change order with home Home Depot USA doing business as Home Depot Pro for the purchase of Citywide janitorial supply supplies increasing the estimated annual budget amount by $150,000 and authorizing city manager does a need to do all things necessary to effectuate this resolution subject to the budget appropriation availability funds providing for conflicts providing for scribers errors providing for severability and providing for an affected date item 9.3 resolution number R 20242 entitled resolution of city mayor and city of commission of the city North Miami Beach Florida approving a piggy back contract between the city and Amaya Solutions Inc doing business as American water chemicals for the purchase and delivery of anti-scalant in an estimated annual budget amount of $194,000 authorizing city manager does he need to do all things necessary to effectuate this resolution providing for conflicts providing for scers errors providing for severability and providing for active date item 9.4 resolution number R 20243 entitled a resolution of the mayor and City Commission of the city of North May Beach Florida approving a piggyback contract between the city and brigh view landscaping services for the purchase of athletic field maintenance services in an estimated annual budget amount of $135,800 authorizing city manager doign need to do all things necessary to effectuate this resolution providing for conflicts providing for scers errors providing for severability and providing for an effective date item 9.5 resolution number R 20244 entitled the resolution of the mayor and City Commissioner of the city of North May Beach Florida approving amendment number one to to the agreement between the State of Florida Department of legal Affairs office the Attorney General as the pass through Agency for the victims of crime act Voca program accepting additional Grant funds the amount of 550 I'm sorry $ 55,69969 entitled a resolution of the mayor and City Commission of the city of North Miami Beach Florida approving a pigat contract between the city and Altech Industries Inc for the purchase of a freight liner bucket truck in an estimated budget amount of $240,000 887 authorizing the city manager design to do all things necessary to effectuate this resolution providing for conflicts providing for scribers errors providing for severability and providing for effective date item 9.7 resolution number R20 2406 entitled a resolution of the mayor and City Commission of the city of North May Beach Florida approving a contract between the city and AMCs Group Inc for the purchase of Fleet management software and maintenance Solutions in an annual estimated budget amount of $60,000 authorizing the city manager doign need to do all things necessary to effectuate this resolution providing for conflicts providing for scribers errors providing for severability and providing for an effective date uh item 9.8 resolution number r202 2407 entitled the resolution of the mayor and City Commission of the city North May Beach Florida approving a purchase order between the city and core and Maine for the sole source purchase of census products and services in an estimated budget amount of $80,000 authorizing the city managers as a need to do all things necessary to effectuate this resolution providing for conflicts providing for scribers errors providing for cability and providing for effective date item 9.9 resolution number r202 2408 entitled a resolution of the mayor and City Commission of the city of North May Beach Florida approving and authorizing a change order with crom Corporation for the purchase of baffle curtain replacement and modifications and increasing the estimated budget amount by $2,715 and authorizing the city manager design to do all things necessary to effectuate this resolution such as the budget preparation availability funds providing for conflicts providing for scribers errors providing for severability and providing for an effective date item 9. 10 resolution number r202 2409 entitled a resolution of the mayor and City Commission of the city of North May Beach Florida approving a piggyback contract between the city and and Enterprise Fleet Management Inc for the purchase of vehicle leasing services and an estimated annual budgeted amount of $266,000 authorizing the city manager design to do all things necessary to effectuate this resolution providing for conflicts providing for scribers errors providing for severability and providing for an effective date item 9.11 resolution number r202 24-10 entitled a resolution the mayor and City Commission of the city of North Miami Beach Florida approving a payback contract between the city and environmental products Group Inc for the purchase and delivery of a whirlwind vacuum street sweeper truck in an estimated budgeted amount of $399,700 authorizing the city manager doign need to do all things necessary to effectuate this resolution providing for conflicts providing for scribers errors providing for severability and providing effective date item 9.12 resolution number r224 d11 entitled a resolution of the mayor and City Commission of the city of North May Beach Florida approving a purchase order between the city and fluid control Specialties Inc for the sole source purchase of process control instrumentation products in an estimated budget amount of $320,000 authorizing the city manager designate to do all things necessary to effectuate this resolution providing for conflicts providing for scribers errors providing for severability and providing for an effective date item 9.13 resolution number r224 D12 entitled a resolution of the mayor and City Commission of the city of North Mii Beach Florida approving a purchase order between the city and Gilson engineering sales for the of of Florida for the sole source purchase of precision digital products in an estimated budget amount of $882,000 authorizing the city manager design need to do all things necessary to effectuate this resolution providing for conflicts providing for scribers errors providing for cability and providing for an effective date item 9.14 resolution number r224 D13 a resolution the mayor and City Commission in the city of North Miami Beach Florida approving and authorizing a change order to the piggyback contract with Greybar Electric Company Inc for the purchase of electrical products and services increasing the estimated annual budget amount by $235,000 and authorizing city managers Des need to do all things necessary to effectuate this resolution providing for conflicts providing for scrier errors providing for severability and providing for an effective date item 9.15 resolution number r202 24-14 entitled the resolution of the mayor and City Commission of the city of North May Beach Florida approving a piggyback contract between the city and multiple vendors for the purchase of original equipment manufacturer OEM automotive parts and services and an estimated annual budget amount of $200,000 authorizing city manager design to do all things necessary to effectuate this resolution providing for conflicts providing for scrib errors providing for severability and providing effective date item 9.16 entitled I'm sorry resolution number r224 D15 entitled a resolution of the of the mayor and City Commission of the city of North May Beach Florida approving and authorizing a change order to the bigb contract with Sherwin Williams for the purchase of paint related items increasing the estimated annual budget amount by $70,000 authorizing city manager or designate to do all things necessary to effectuate this resolution Prov providing for conflicts providing for scriveners errors providing for severability and providing for effective date item 9.17 resolution number r202 24-16 entitled a resolution the mayor and City Commission of the city of North Mii Beach Florida approving a task order for Engineering Services for the project management of the mechanical Integrity testing and deep injection well operating operations in an estimated amount of $79,200 under the continuing Services agreement with stantech Consulting Services for professional consulting services and authorizing the city manager does the need to do all things necessary to effectuate this resolution providing for conflicts and subject to budget appropriation availability funds and providing for an effective date item 9.18 resolution number R22 24-17 entitled a resolution of the mayor and City Commission of the city of North May Beach Florida approving an authorizing a change order of the pigb contract with toiba American Business Solutions for the purchase of copers and print Services increasing the estimated annual budget amount by $125,000 and authorizing city manager design need to do all things necessary to effectuate this resolution providing for conflicts providing discrimin errors providing for severability and providing effective date that's the one we're going to correct commissioner Smith thank you um item 9.9 resolution number r202 24-18 entitled the resolution of the mayor and City Commission of the city of North M Beach Florida approving a purchase order between the city and trova Inc for the so Source purchase of endis Hower and prominent products in an estimated budget amount of $12,000 authorizing the city manager and doign need to do all things necessary to effectuate this resolution providing for conflicts providing for scribers errors providing for severability and providing for an effective date and item 9.20 resolution number r202 24-19 entitled the resolution of the mayor and City Commission in the city of North May Beach Florida approve approving and authorizing a change orders the piggyback contract with Waco filters Corporation of the purchase and delivery of cartridge filters increasing the estimated budget amount of of $80,000 for three years and authorizing city manager design need to do all things necessary to effectuate this resolution providing for conflicts providing for scre providing for cability and providing for an effective date move to approve Mr Mayor second motion turn off second yes thank you thank you Mr mayor uh just for uh the record if the city manager because you have over $3 million total under consent and I just want for the public to understand because this has been a conversation before as to why these items are under consent consent and um why they're being presented in the form that they're being presented and how they've already been in our budget etc etc if you can just make a comment on that thank you sure uh commissioner thank you um items have been budg budgeted through the normal budget process however the when the commission approves the budget they're approving the funding for various line items throughout the various departments they're not approving the individual expenditures and so what we are doing as staff is we're bringing forward the individual expenditures these are day-to-day um items under I believe here at NMB our threshold for consent item is up to 500,000 um and so these are typically non-controversial uh regular um items um that go through trying to go through these 20 items one by one um the consent allows us to kind of process these items uh quickly in a matter so that we can get to other parts of the agenda for discussion and so forth thank you thank you sir Mr Mayor before you vote on this item if I could read in uh an agenda item 9.21 that did not make it to onto the printed agenda I read it's in the materials though because I know it got distributed to you all which is the settlement of the um uh Roman PR Roman prier pero uh litigation matter um if you give me a moment um it's on the updated agenda which I don't have I didn't get um 9.21 resolution number r202 2421 uh entitled the resolution of the mayor and City Commission of the city of North Mii Beach Florida approving a settlement agreement Mutual release in the litigation styled Christian Roma P Perot versus the city of North May beach pending in the circuit Court uh of of the 11th judicial circuit in in for madade County Florida case number 2022-23 57- ca-1 um authorizing the appropriate City officials to execute said settlement agreement Mutual release providing for conflicts barriers errors providing for effective date that is the totality of the consent agenda okay all right so are we still good with the um well I would change it to include that one okay all right and your second I need them okay so now we have a new second okay but all right we all good over there yeah okay all right beautiful all right so we've got our motion we've got our second and um all in favor say I I I any opposed okay passes anonymously okay um all right so now before we go for the manager's request before we go on to quasa judicial you wanted to do the um legislation item 11.3 correct sir okay so let's go over there I make a motion to introduce okay second a second okay good all right and we need the City attorney to read the title that would be 113 on legis ation I know we got you all jumbled up now item uh 11.3 resolution r202 2420 a resolution the mayor and City Commissioner of the city of North Miami Beach Florida approving and authorizing a professional service agreement between the city of North Miami Beach and Florida International University for M peris Metropolitan Center for Citywide strategic planning services in an estimated amount of $16,300 authorizing the city manager for or or doesn't need to do all things necessary to effectuate this resolution and such budget appropriation availability of funds providing for conflicts providing for scrim errors providing for severability and providing for effective date mayor if I may yes mayor this items come about um we first started having this conversation um I believe even the my first few days uh with uh various members of of the commission uh two items that I feel that are very important for the city um is the economic study and the um strategic plan both of these are going to allow us to create a path knowing who we want to be as a community both for the business and Commercial District as well as for um um overall as a city the point of the Strategic plan the way that I like to kind of put these together is um at least once every four years uh to do something as extensive as what we're we're looking at tonight this is an opportunity to have the city which I I view in in almost like three different um prongs one is um with you all what your priorities are um as a commission individually and then as a group what is the staff's priorities um as well as capacity to meet your priorities and needs but also just equally as important are the stakeholders um um and especially our residents so the idea is for us to go through a process in which we will have um Dr Howard Frank and his team who are here um from FIU yes go Panthers um to be able to kind of lead us through this not only um together as a whole but also the individual groups um as well and so we'll be looking to um just to read off of the the background analysis is here um just to voice it this uh Citywide strategic plan will focus on the city's Futures our needs and desires governance and measurable actions over time for growth and economic enhancement for the city our residents business owners staff and visitors and so we are looking to partner with FIU between the Strategic plan and the economic study I think we'll have a Synergy between both plans that will really give us a true north of how um the city's going to be looking um forward where we want to go and what we want to be um as as we continue to put these together now I say we should do this a minimum every four years but I think at the very least every two years we have an update to the plan these are living documents and we shouldn't be just um tabling once we have it the point is not only to get the plan together but then have that implementation aspect that's going to allow for the community to hold us accountable and for you all to hold staff accountable these are the plans this is what we said were our priorities and and what we're doing um how are we meeting those goals and and you will see that reflected on the items that come before you as well as through the budget uh Dr Frank I I tried I believe he's here yep okay he's hiding behind the column he doesn't want me to see him um but if you have any questions for him um or his staff I'm sure that he can answer any of those questions and and I'm happy to answer any questions from you all as well okay um all right so for point of order um before we have commissioner questions I want to ask the clerk do we need to do public comment first it's a resolution it's up to you you can do public comment on it and yes I did put it okay okay so then I guess we should do it to play safe okay I'm saying yes okay all right good so we will follow the rules um all right so then to CLK if you can uh open a public a comment and then we can bring it back to the Commissioners good evening if you like to speak on this item please step up to the podium can you hear me now tap it okay thank you m thank you very much mayor Piper for allowing us to comment on this resolution a few Mayors in the past allowed us and others did not um when I heard about strategic planning as I said it earlier in my um in my public comment the strategic planning in the past it did not AB well for the city we lost more than we gained we lost the sanitation we lost the water plant we lost the law the the the six member law team that we had here and many other things okay we lost a lot of money as well $38 million we saved for from the water plant $38 million and that was that went in a in a jiffy within a matter of months in 2018 that in 2019 the city manager at that time he says um there was no checks and balances in spending that $ 38 million and all of this came out from the strategic planning so this strategic planning to me is like a Nightmare on Elm Street or more like a nightmare in North Miami Beach and if you guys you know you mess up again well I mean most of you were not here but the old team um commissioner Smith would remember there were was a lot of angriness fighting screaming shouting even the f bomb was laid out at one time that is a strategic planet that to me is not a strategic planet that to me is like a a rum shop Gathering and I prefer something much better I think commissioner Joseph as well he um they they blew up in that meeting it's not good if you want transparency which at least four of you had promised transparency keep it out in the public let the camera see what is going on live not hide up on the fourth floor on the third floor or wherever and then ask for the ask for the audio there's no audio from 2014 2015 2016 until 2017 then the assistant City Clerk and um Andre she managed to start videoing it and and audio in it but if if it was a good plan it would have been on tape we would have we did not had anything to hide but it was all not not transparent it was opaque it was bad memories bad memories and and um it was not good for our city thank you very much for having me thank you any other speakers please come forward Mr Mayor uh no other speakers came forward okay so public comment is closed and okay so um Commissioners um just want to start with commissioner Smith yeah um how many times is FIU going to meet with the mayor and the commission we will I've been through a couple strategic plans so one we had right over here at Fu when FIU um at Nova University when they were here uh and I it was a couple days that we would go to different meetings so how many how many times are we going to meet with them I'll have um FIU come up and and kind of um explain what their process typically look like uh excuse me good evening uh Mr Mayor Madame vice mayor Commissioners Mr manager thank you for the opportunity thank you for inviting us to speak and answer your questions and and and that was a very thoughtful question uh that we um intentionally didn't put them a specific number on because we will speak with you as many times as necessary the way this process typically unfolds is that we do an assessment um foundational assessment which we present to you to which you can respond so these would be one-on-one interviews discussions with individual Commissioners then we may come back to to you with uh certain recommendations Al also one-on-one there is a commission Workshop that's also part of that plan but we don't want to put on a limit on how many times we will meet with you uh as long as as as long as it takes for you individually to present to us your vision for us to understand it then to discuss it with your colleagues and and ultimately to include it in in this planning process so um the Strategic plan works if we all participate that's most important that we have to participate together and go to the workshops and I think we also in conjunction with this strategic plan have to have a workshop of the vision of the city the besides what we see the city I'm we've spoke about this several times Mr manager you and I that besides just what you want the city to be we also have to see it I don't know that that comes under strategic plan and other words see how tall the buildings what color the buildings what Etc I don't know that that really comes under strategic plans no that's more of a comprehensive it is definitely and that's the reason I'm saying it needs to be handled in conjunction with that though so that we can have a full change or a full movement forward to what we want not just with the Strategic plan what we see but what we see the be the whole the whole North L Beach to become and I want to thank you for adding visitors to um whereas the fourth Clause um and I I tell you if people participate it can be very successful we just have to um one of the gentlemen that was a speaker that came up he was correct it was just a lot of instead of working together there was unfortunately a lot of trying to manipulate which instead we should be working together and it'll all work out very nicely commissioner to your point um I think during this process um there will be conversations with regards to what kind of City we want to be um which will Fe into the comprehensive Plan update but there's very specific um statutory requirements when doing a comprehensive Plan update and and and we got to make sure we follow that process that's starting um um something that staff is starting to put together um to bring you at a later time to start moving that forward but um that's going to look more specifically at the code itself the Heights and stuff although during this process we won't get to that granular granular level um we will be talking about you know do what kind of um city we want to be higher density do we want it lower we'll we'll have that 30,000 F foot conversation um in that aspects which will then feed into that com comprehensive Plan update process that we'll be talking about so it's not excluded from here but we won't get down into the actual you know is 10 stories better than 12 or what we won't get to that kind of this process and my conversation Mr Mayor right now is in reference to let's get that started because that comprehensive plan takes a long time and we have a lot of projects coming before us that are moving in a direction that we may not see in the future but we can't stop it because we're not changing it so I think that we at this is something brought before us that I think is important for our commission to work together but I also think we need to get started right away with a plan about the comprehensive yes ma'am thank you um Mr for anything uh first of all thank you staff for bringing this before us I I think that um this is a strategic planning that I'm looking forward to um as commissioner Smith said you know uh the last strategic planning sessions that we had really weren't as fruitful as they could have been um but the fact that you're bringing in the University system to help out with this I think speaks volumes um because we see it in health care we see it in um even uh development we see it in so many other areas where the university system is working hand inand to make sure that those sectors are successful um and I think that this is a great opportunity not only to do a strategic plan with FIU but to build a partnership with FIU for the long-term success of our of our city so I'm looking forward to that and Mr manager and and staff if we can think about more creative ways that we can um leverage this institution that's right in our backyard especially our bis game Bay Campus with the canal that we have and um you know there's a lot of you know there's a Hospitality school and there's just so many things going on with F IU that being right in our backyard they should be way more involved with our city um than they are now so I'm looking forward to these first steps um thank you so much thank you sir Mr John thank you so much you know all things Panthers are great so I'm definitely in support of it um per some of the conversations I've had with the manager to me what's more important is not only the plan itself for the execution of the plan because often times we have plans that are seldomly executed and are not necessarily people Centric to what's happening in the real time of the city so I'm looking forward to not only us coming together to discuss how we envision a city collectively but also execution of the actual plan so that the city can move forward in a even more productive way thank you and commissioner to to that point and I I have a feeling um Dr um was was about to step in but FIU um does partner separately from even just conducting the plans on helping the actual implementation and monitoring of that as well uh but that'll be an additional step that we'll we'll start talking about once we we start bringing this plan um down to a close uh but that their intent is to really form that partnership with us not just in creating these studies but keeping the long um long-term s um viability of the of the city um with them hand inand I did want to add one thing I had the pleasure of visiting the School of Architecture and they do something where they come into cities and create real life to commissioner Smith Point A visual representation of some of the enhancements that are potential will this kind of be part of that process in essence or will this be more of a physical document will they also pair it with actual you know visualizations of what could potentially be in certain areas no the Strategic plan itself doesn't include renderings or or sh sheds are what we call these meetings where you invite the community to provide feedback on on some type of a design um whether it's a street design or a building design it has to be something practical and physical like that as as your manager said this is a little bit more bird's eye view where where you share with us what do you want to see your city becoming do you want more density do you become uh do you want more retail do you want specific types of Industries what do you see in the future Happ happening to your city and then once we we move through that phase once you share those visions and and there is buying obviously from from your various stakeholders then you move on to the implementation where you where you start you know through specific actions whether through comprehensive planning or specific actions Corridor planning cluster industry sector recruitment you start implementing that Vision that's the second phase that that we hope to be able to to work with you after we finish this one and that's all also very popular commissioner during comprehensive plan um processes uh because we start looking at the actual Zoning for each of the different districts throughout the city and so having those charet opportunities where we'll have residents come in we'll have commercial uh real realy businesses come in we'll have Realtors come in different segments of different um type of Industry will come in and start kind of talking about what what would work what not work and then you have those architectures Who start rendering those ideas of of um what they're talking about so that's definitely a a great opportunity to bring in that segment into into the community and it's really great because you now have something visual to look at I was like no that's not what I was talking about or yeah that's that's where we're leaning towards and and renderings can all you know sometimes they it's it's a lot easier to draw the picture than it is to to build it but they really help put a visual representation in front because everyone understands a picture sometimes just reading the plan it's a little harder to to understand but everyone understands the picture so that that that's a wonderful idea as we start looking at that comprehensive Plan update uh things that we can do to make it a little bit easier for the community to understand as well okay thank you m smuckler yes thank you mayor um I wanted to know do we have um um do we know how much we paid for this last time that we did this do we have any of those numbers I don't have that on me um I know that the last time that this was done it was just more of an internal type of plan um and so this includes going out towards the community in in various facets having focus groups having town halls and even having an online survey um so FIU is doing a much more extensive Outreach to the community as opposed to just doing the internal version didn't we do some shetes last time it was a different it wasn't shett I think was in conjunction with the Strategic I think over the years we've done a lot of different things we've done shetes we've done all kinds of yeah but I thought the shetes was part of that when we did it in the past I wasn't sure oh no I'm I'm asking you because I trust you yeah I don't think it's part of what this is about I think that's a another thing the shetes right yeah okay so um I I obviously when we do the one-onone it's one onone but other than that I I do hope that we do it here where it can be televised and so everyone can see it from either the audience or at home I may Mr Mayor the way I was always at I'm in the mic uh the way I always did this so you were in a room where you have to go and tape up your ideas and how many yellow stickers and how many orange stickers strategic plans means you have to walk right but I I it should be open well or wherever we go could tape it or or what they did do and I remember at Nova is they invited the public to right we just make it we could just make it a notice open come so they could well we okay so we could record it yeah we could record it we'll make the proper accommodations yeah okay you're good commissioner TR thank you for bringing it forward it's definitely needed um in the corporate world they do it once a year and once a year the goals change and it is a living document that forever lives on it's a blueprint of where this community wants to go so I commend you on bringing it Forward than sir and commissioner Joseph thank you Mr Mayor I think it's a great idea so I'm looking forward to it thank you okay great all right um any other comment from the Commissioners are we good on that I um my personal opinion is is that um I we of course we should be careful with studies and not overdoing studies and what have you but I think in this particular case um that I think that this is a is a good move and something that we should do and I think something that we we need so that we can um have some guidance on how to move forward as as a city from the macro sense so um so I I like that um okay I think um with that all being said I will look for a motion in a second move to adopt number resolution number R 2024 D20 second all right commissioner chernoff and commissioner Smith and um all in favor say I I and he opposed okay passes unanimously all right now let's go find our way back where we were before move to introduce resolution number R 20020 2 2024 D20 um I don't think that that's where we are no no no we're going back now to quasi judicial right that's the first one under um I thought it was 20231 2023 119 right all right so we need a we need a motion a second introduce 10.1 which is resolution r2020 d119 okay we've got commissioner Smith on the motion do we have a second second second from commissioner turnoff okay um and uh would the attorney read the title yes sir uh resolution number r223 d119 a resolution of the mayor and City Commission of the city of North mayi Beach Florida approving the site plan application with conditions and 13 nonuse variances for the construction of two 2 million 75 75,100 gross Square ft 34 story mixed use development with 1,217 residential units and 23,27 79 Square ft of ground floor commercial space 1,622 parking spaces on a 3.03 Acre Site Area located uh at 16385 through 16445 West dixi Highway and 2255 Northeast 164 Street granting a variance from section 24-58 figure mu 8 lot standards for tower building type to allow a width of 480 ft and 6 in where 250 ft is the maximum granting a variance from section 24-58 figure mu8 to reduce the required 15t Tower setback for a portion of the North Tower fronting Northeast 22nd Avenue granting a variance from section 24-58 fif figure and mu8 to reduce the required 15t Tower setback for a portion of of the South Tower fronting Northeast 22nd Avenue granting a variance from section 24-58 K tobii to allow decorative screen on portions fronting Northeast 164 street and Northeast 22nd Avenue in Li of the liner building granting a variance from section 24- 93 c2a to allow for handicap parking spaces to be be 18 ft in length granting a variance from section 24-58 r2c to allow for maximum ground floor height of 25 ft and portions with no mezanine granting a variance from section 24-58 r2c to allow for a maximum floor to floor height of 20 ft on the eighth level of the parking garage granting a variance from section 24-58 s1a to allow a building length of 474 and 4 in along Northeast 22nd Avenue where a maximum of 300 ft is the maximum granting a variance from section 24-58 s1a to allow a building length of 427 ft along Northeast 164 street where 300 ft is the maximum granting a variance from section 24-58 j3 AI to allow a portion of Northeast 164 street to be covered by the podium where 95% is required to be open to the sky granting a variance from section 24- 58.1 h6a figure MC5 to allow a turn lane in lie of the required median wider sidewalks in lie of an on street parking and various portions of the landscape Strip by 2 feet where a minimum of 5T is required granting of variance from section 24- 58.1 um l1a figure mut c8a to provide dedicated turn Lanes in Li of the median required by Urban Greenway type u1a granting a variance from section 24- 95d table 9-2 to allow portions of the drive AES to have widths of 20 22 feet and 22 feet and 10 in for 90° parking where 23 ft is required providing for findings of fact confirming expiration and limitation of approval providing for conflicts and providing for an effective date okay um so want Madam cler can you uh do the Jennings process yes per resolution number r95 d24 the subject matter of any ex party communication together with the identity of the person group or entity making the communication shall be disclosed and made part of the record on file with the city prior to final action on the matter I receiving denning's disclosure forms for commissioner uh Daniel aan so we'll start with commissioner shernoff um I did have conversations with the attorney and the architect at our last me after the last meeting so but I do believe I can based on the information I'm going to see tonight thank you commissioner flon uh I've spoken to the attorney on the project Matt amster I've also spoken to um our city manager I believe about this and our well no I'm sorry spoken to our City attorney about this project um I've received and read emails from former commissioner Kramer and received um messaging from uh mabarak Kazan and that's what I can remember on the record tonight and I can make my decision based on the information that I received this evening thank you by the way I out of curiosity Madam clerk um disclosing people like um former Commissioners and residents and stuff like that is that something we need to disclose as part of this process whoever you spoke with just want to make sure that it's just not people directly related to the yeah just want to be clear on that okay yeah oh um I'm sorry but I do remember during our Workshop there were several people who did speak and I believe Mr attorney you said you were going to you were going to uh make a blanket statement or make sure that their names were iterated on the record so I just want to make sure we do that th th those names will be U part of the the record the you know we will in include the the minutes of that Workshop um into the record thank you commissioner Joseph thank you um in in um taking consideration that that um Workshop we had uh where um the uh the attorney in the project as well as the people that represent the project were here I I I was present for that meeting I did hear a lot of information I did receive some information from you from the requests I made that was directed to you and and um and I did have those and as well as I incorporate everything I said in those meetings into this into my disclosure because like I said there was a lot of things going on and I don't want to missp um I did have a conversations with the city manager as well as the the chief of staff um just to inquire if that information I requested you was was given to me and I can make a decision um So based on the best of my knowledge it's all the communications I can recall and I can make a decision based on uh on the information presented to me this evening thank you commissioner Smith I spoke I spoke with Matt amster I spoke with Mitch Edon I spoke I got to received the email from former commissioner barbar Kramer um cassan sent us also an email I spoke to um Julian churs on the Planning and Zoning I spoke to the young man that's the owner of the project I spoke to the architect last for after the workshop I spoke to the City attorney I spoke to I believe the city manager and um Karen one of our residents also sent something in reference to air rights um and I spoke to another one of our residents in reference to the air rights and I spoke to another one of our uh quite a few actually Bruce lamberto and Bruce um cousins so quite a few of the residents in reference to this project and yes I'll listen intently and make my decision based on what we hear tonight might be easy to say who you didn't speak to that's vice mayor smuckler I SP spoke to Matt anster Mitch edstein Mario Diaz Karen Harold Bruce cousins um John our attorney John Haron uh Isaac castle and I received an email from Barbara commissioner Kramer and I'm sure I've spoken to other people I just can't remember right now who they are and I can make a decision based on the information I hear tonight mayor Piper um I spoke with um attorney amster Mitch Edelstein city manager Karen Herald um commissioner Kramer and I think that's it and I can make a decision based on what I hear this evening thank you okay um all right and then um Madam clerk can we swear in the speakers if you plan on giving testimony this item please stand and raise your right hand do you Sal me S the testimony you're about to provide shall be the truth and nothing but the truth so help you gu it your answer is I do thank you okay and uh Mr Ring thank you mayor Commissioners uh staff has one small correction to make at the beginning of this it then up with 60 Highway it should reach uh har tman Highway uh for this project uh moving forward uh we the the uh staff block uh and the advertis been with written before we receive a full clarification so for the record we do need to update that um that understand that the Commissioners uh the mayor commission uh heard a lot at the workshop however for the purposes of this being quad judicial we do need certain items reintroduced into uh into the record uh Mr attorney uh am I correct in saying that uh ending because there was the table ending in the prior uh and prior meeting with automatically carry over into the record the the the um prior quas judicial hearing that's continued to today is a continu this is a continuation of of that hearing so anything that you heard and any questions you may have asked and answers received uh are part of the record and can be considered here this evening during the course of your deliberation and ultimately your decision uh but not as we said before not the workshop um the prior hearing thank you Mr attorney everything that was introduced and made part of the record is Again part of the record for today's hearing as well automatically thank you Mr attorney Mr mayor uh because the applicant have provided certain update to uh what they proposed during the workshop at the time we would like the uh app that would like to uh have the applicant present to you for the record at the updated profer and any uh revision to the site plan uh and facade architectural renderings and so forth that uh that differ from what we previously presented to you last month okay have that it too late our apologies uh normally we have a deadline for for uh submission because RIT needs to run Security check we take uh cyber security very seriously um but um we did off see the uh presentation the applicant to around 130 140 today um usually we ask that it be sent the week before uh so I apologize for the delay uh a mayor commission that we uh upload the file okay so you just need a couple minutes or something is that the delay uh take about uh it's going to take about a minute oh okay okay but Mr Mayor I can get started if you like okay I apologize go good evening Matt amster with the law of burkow Rell Fernandez Lin and tapenz offices at 20 South BC Boulevard in Miami sure Matt amster with the law from of burel Fernandez Lin and tapenz offices at 200 South pascan Boulevard in Miami thank you very much uh here today representing May NMB LLC which is the applicant for a a mixed use project at these properties um the representatives here from our development team Isaac castle and Eli Levy I have our project Architects Larry beam and mein jannis Vega uh we have uh traffic expert um Juan espinoso also our economic expert Andrew dolkart uh and from our firm my partner Jeff burkow and our colleague gray Crow uh these people are generally seated in this area uh I know you've seen them before uh some at the workshop some at the prior meeting in December um if we can have the the PowerPoint shown ah perfect um again majority of this will look familiar uh because it was what we basically showed at the workshop as uh Mr in has uh referenced because there were some additional statements made at the work stop we've updated to include them uh but uh as that is not formally part of the record I want to make sure that we go over it I'll be as brief as I can um the city Commission uh in 2015 after a number of years of extensive and and that was part of your subsequent your prior strategic plan did result in a basically a very comprehensive uh amendments to the comprehensive plan and uh the zoning and Land Development regulations uh to create and establish seven mixed use districts in the city uh these covered a wide area uh and and and that will was again subsequent to multiple public meetings and workshops that all were vetted to create this new plan uh which uh these mixed use districts of which fulford town center is where our property is located it's actually the largest of those Seven original mixed use districts um these created uh targeted urban areas for higher intensity and density uh for mixed use projects uh this was uh in done to encourage development for both revitalization uh which can create all kinds of uh benefits to the city increased tax base uh Better Homes uh for residents um the uh Improvement of your roadways and other uh concurrency and utilities uh and this basically is what what uh created back in 2015 the rule book for developers and Property Owners to follow and that's exactly what we have done this page is just basically um summarizing some of the many goals and objectives uh of the comprehensive plan that was established uh you know Transit oriented development a mixture of pedestrian oriented uh with retail establishments social gathering places uh a variety of Market needs being met uh then the zoning code itself also had numerous purposes and intent uh again of which um our project has been following and meets um again uh compatible development um to so en encourage uh commercial and Retail activities uh and pedestrian uh shopping experiences all of which we have included in our project um but more specifically uh our project is meeting uh the very extensive uh requirements of the land use and Zoning code uh this here is showing you that uh not only the entire uh fulford Center District uh but at the right hand side our uh project outlined in red you can see it's a very irregular uh Parcels but that's what the uh uh Lorenzo's development has been using uh for decades uh and we're taking taking over that to uh now take uh into consideration and follow follow the rule book that was established of how to appropriately develop this area all in the dark color on the right is the core right the main area for development in this mixed juuse District meaning it's the highest and most dense and intense uh location uh as prescribed and envisioned uh back in 2015 the uh Heights here are also again in the dark uh black are the highest uh proposed and outlined for again a as a guide for what development is encouraged to be located here uh even the street Network it shows you and you can see that blue line going kind of uh all the way from the left side all the way through uh our project that is Hanford Boulevard Northeast 164th Street and I want to make sure you're aware you can see how it's actually straight aligned uh right through that intersection with Harriet Tubman Boulevard formerly West Dixie Highway um that was actually part of all that work 20 uh years ago I know that there was an effort to have the Lorenzo uh redevelop and straighten that intersection uh and that is almost anecdotal because our project team didn't know that when we came to develop this project and right away with our Traffic Engineers uh they explained you got to realign this road it is in uh it's poorly aligned today and it's not going to be safe it's not going to support uh safe and secure pedestrian vehicular activity and so actually the whole project was designed around realigning the road and this is part of that explanation the regulating plans show a straight on through intersection uh we had talked about the basket of Rights this is how density is allotted uh it's based on a final Trad sign off uh we were heard by the Planning and Zoning Board uh with unanimous approval uh then we came before you all uh for our first meeting and then a subsequent workshop and now we're here it's been 2 years of a very extensive but thoroughly vetted process your Trad process is extremely vigorous U multiple reviews bless you 60 Pages worth of comments uh that have to be all vetted and approved uh and uh we worked very closely with your staff and all the city's Consultants uh and through that process it's not just about um going through and checking off items and responding there is a give and take there is uh suggestions and guidance for trying to come up with a the best project that can be presented and I feel that uh again I thank the staff for their efforts and for their comments because I believe again all of that is iterative and makes for a better project but we would not be able to be heard by the Planning and Zoning Board or the city commission at all if we hadn't been thoroughly vetted and pass get a Trad sign off and so that is all the things of uh how you comply with your your setbacks how you comply with concurrency items uh thoroughly vetting the realignment of this road both on our property and off of our property uh and we even have conditions that are already uh been in their current staff uh draft resolution uh to address concerns about the future with that roadway and for example the neighboring properties Redevelopment um we also have with staff vetted our variances uh and come up with again only what's needed uh the code again spanning this great area in the city uh does not uh it cannot be a one-sized fits-all and when you take the specific projects into account like we are and going through that extensive Trad process that's when you determine and as often happens there's actually conflicts within the code itself uh that will will make you have to provide a a variance request we have kept them as minimal as possible and we feel that in in totality meeting again the basic intent and purpose of this is an urban area this is a tower type building there are extensive regulations on how to design that how to lay it out uh that we have followed that that we feel that we are uh preparing and providing the best project to move forward now while not expressly required uh we have made what we feel is additional proffers that will uh assist both this project and it being uh compatible with the neighborhood as well as uh helping the city as we are a partner a major citizen to uh basically provide uh these new residences uh and and Commercial uses and the uh the economic and fiscal impacts that that provides uh so as a summary again collectively from what we presented at the workshop uh and agreed to additionally at the workshop uh we're setting aside 15% of our units for Workforce housing we will include uh reporting requirements working with your Community Development staff so they can keep tabs uh on uh us providing that 15% uh for parking um we have analyzed the different phases if you recall the north side of the street gets built first that's phase one and phase two 2 the street realignment will come online and be finished uh no later than Phase 2 coming online it could the street could possibly happen a little earlier and then building over the road and the the South Tower is the last phase uh so we have a good surplus of parking for phase one and phase two and uh we will introduce a a valet uh company and system again working with Community Development to iron that out uh at the last phase to improve the efficiency of the parking uh we're going to include additional public art um if you recall and you can see in the the renderings uh facing Harriet Tubman uh we have a large public art piece um over 164th uh which does come into play uh in the last phase of the project so we will um we've agreeing to add at the first phase of the project basically north of that uh two different sculptures uh uh to uh again enhance our pedestrian experience remember that ground level is fully commercial uh with storefronts and so there'll be pedestrians from not just our building but the neighborhood uh coming and shopping and and um they'll be able to benefit from that public art which by the way is uh many of the goals and objectives in the comprehensive plan uh promote the use and inclusion of public art so we're doing that both at phase one as well as at the at the end of the project um these are these renderings here are the modification of the exteriors uh to enhance the The View and and appeal of the building and to accentuate uh the the already great architectural features and I'll have uh Larry the architect explain that to you briefly in a minute uh we're going to improve U we're going to have local and minority hiring uh doing our best efforts to have at least 10% of all the construction contracts to be local and minority um there's a very extensive condition that's been proferred before uh that has both reporting requirements uh we have to hire a consultant to help assist to really make sure that we get that 10% minimum uh we talked about uh creating uh a very nice uh commemorative historic display uh for a remembrance of Lorenzo's uh and I know that the street already in that area has been renamed uh lorenzos or co-named uh lorenzos so that itself will assist but in a in a very uh prominent place we'll have a nice remembrance of Lorenzo's uh the demolition of all the existing buildings will happen in the short term you know soon after uh we get our approvals here uh for a variety of uh City needs we're donating voluntarily $150,000 uh that's all half of that is short-term again it'll happen uh in a couple of months time uh with the rest happening uh being paid for the building permit for phase one uh and that is while at the discretion of the city uh with all of your guidance uh for things like the public library Youth Sports Economic Development initiatives and affordable housing initiatives uh and then not only we agreed to uh to add a trolley stop in the project we worked extensively with Community Development to make sure that we can in our in on our private property in the north uh uh parking area uh there's a large drop off area which we will work with Public Works to make sure that uh there is a trolley uh and that the the route is extended you know to make sure it goes in to this property and serves not just this property uh for its commercial but anybody here uh residents would then be able to use the trolley to go uh outside in the area and I'm not going to go through all of these but but these are essentially the the the written proffers for that summary uh which we provided to um your staff uh but we would ask that those be included uh as part of the approval of the project uh and now I'm going to turn it over to Larry to uh again explain uh the changes that we did to address your concerns for the design yeah sure thank you oh I can see that one hi uh Larry beam RSP Architects 3059 Grand Avenue Miami Florida um hi again so when we designed this building we we had a number of goals in mind uh besides meeting all the requirements of the district we wanted to make this a very walkable and generous pedestrian space um lined with stores and restaurants and other uses on the ground level we wanted to make the um the towers as Slender as possible to um minimize any massive appearance of it and and uh we we wanted to uh break up the base of the building and and hide all the parking behind um uh use habitable spaces and other uses and so um you saw the renderings that we had when we came in December so we've gone back and and one of the things we did was accent the building with with color and and um a darker material and what what this is really these are three-dimensional elements that were already in the building and and when you look at the The Two Towers um you the idea of those vertical Towers was to frame out the street Vista that was one of our goals also in the design of the project is to create a really strong and memorable Street Vista as you're looking down 164 street towards the east and and the art piece is part of it the art piece is framed out uh with a with a screen and then the two towers on each side and those are three-dimensional elements and you can see it much better with the uh the darker colors that we used um this is the how it looked when we came in December and this is the change today so we've accented a lot of the vertical elements we broke up the base of the building to give it uh a smaller appearance and um also you can see the walkable sidewalk which is over 30 ft wide in some areas you can and covered the first half of it the 15 ft of it along the storefronts is covered and and you can see how the uh the shading really helps break up the facade of the building we're using rich and warm materials um on this lower level um warm warm colored tiles um the round columns which are a lot softer a large amount of w Landscaping along Dixie Highway to to help uh separate uh Harriet Tubman from from the sidewalks and the sidewalk cafes we have a variety of of railing systems on the balconies to help create some movement visually through the uh facades of the tower buildings and also some uh wood wood and other soft materials on on the canopies also um a little difficult to see in this one but you can see better here at the corner of 164th and Harriet Tubman on each side of 164th there's also an open Plaza we have a lot of good locations for for some art along 16 for for I'm sorry along harri at Tubman on the first phases so you can see the the improvements that we've made with the color and with that I'm going to turn it back to Matt thank you Larry uh there to follow up with this are written Pro profer for this architectural uh revision these four sheets that were given the three renderings you see and uh the one uh elevation that had the materials um we expressly reference these revised plan Pages saying that we've submitted them which we did to staff uh today and so that these will replace the similar sheets with the mostly white uh design and by having that condition in uh the approval resolution that's what will be uh vetted through building permit to uh to tie us to this design so this is the design that we would like to go forward with we actually appreciate the comments and feel that it has helped to again accentuate uh the building design uh and that's through that condition and are providing these plan pages today those are the ones that we will be tied to um again as another reminder the project itself uh has uh it will create uh 2800 or so jobs for construction uh and we have our additional profer to do our best efforts to make at least 10% of that be local in minority uh the building permit fees to the city is upwards of $4.5 million that will come in uh again in the short term uh but then the project itself is going to uh bring in uh almost 1.5 million annual for property taxes uh that goes to the city uh the county gets at least $3 million annually uh some of which goes to schools again some of that payment both impact fees at building permit as well as uh ongoing taxes gets returned and used by the city for things like the school system uh Road impact fees go to the roads uh such as the improvements that we talked about for Harriet Tubman which is a reminder we've been told that that project will begin in 2025 um which lines up very well with our uh construction time frame uh and so and also you know the new residents here from this project are estimated to uh spend uh uh o over $31 million um annually to uh which likely will go to area businesses here in the city another uh benefit from and that is why meeting the vision of that uh comprehensive plan and Zoning overhaul uh will provide uh so we have felt that we have F followed that rulebook as well as uh possible with a project that meets design requirements meets the requirements for meeting concurrency realigns the road which is a safer issue which improves traffic flow uh for not only us but the other users of this area uh we have been thoroughly vetted through both uh for numerous Triad meetings we had unanimous approval at the planning and zoning board meeting uh and uh again with our additional proffers uh we feel that this is um the type of project expressly envisioned uh by the comp plan and the zoning development regulations of which we have made every effort to be best compliance and provide the the best most suitable project uh that will be a benefit to the city for years to come uh we are respectfully request your approval with the propers that we have made and I outlined today uh and our entire team is available and I'd like to respectfully request any time for rebuttal as needed Mr in anything mayor the only I've had to ask prior conversation is that giv the updates uh we suggest uh a several items first on the facade to uh ask the applicant uh to ensure that uh what they're going to use is not going to fade over time and if it's going to fade uh what the remedial plan will be um commissioner Furon mentioned during the workshop that uh he would like to see how it fortable uh commissioner uh mayor uh uh uh um if within the uh development agreement there is a clause that any representation proferred by the uh or by by the applicant or the court of the evening are enforcable to everything you just saw is are things that daff can uh provide a a followup uh by asking the applicant but we do ask that uh as needed on items like that you uh we we we teas out the relevant detailed under the public record in addition uh for your uh for your review in your review of The Profit that recommend that you consider the time frame for what the uh covenants uh are uh in terms of detering vet value for the community um we uh we know that in other communities um that was discussed with some um uh instead of uh 15 years other community asked for 30-year uh covenants obviously this is a profit so that did not ask any of that regard are we just are noting for the record what happens in other communities um and uh at the time um if there are any questions I know there are question about the variant to staff it's uh ready and available to answer okay yeah I think we we'll have some commission questions and what have you later on but for right now um if you're done with the presentation part um it would be time to call Madam clerk for a public hearing we have a speaker coming forward speaker were you sworn in I'm sworn in thank you David zapen of 30k for back pay where to begin obviously I have uh some Nostalgia for Lorenzo's uh after all that's where I met the actress lorine brco granted she was selling wine but still um the look I I realize this is going to happen and that's fine uh I just want to make sure we're all talking about the same place it's walkable I'm sorry factoring what level of heat and humidity and rain I mean sure at this time of the year it's the temperature is mild and the rain chance is relatively low but much of the time you know walkable really and it gets don't worry it gets worse uh let's see my gold standard is is okay impact fee I'm sure it's very reasonable but my gold standard is you know what is the impact fee compared to say at toll since as we know we are a drive-through Community despite heroic efforts um I'm sure there's a Spanish firm that would help us set up a toll and I'm sorry Harriet Tubman I mean a heroic figure absolutely so I'm just curious which version the passive version and the cartoon that helped Escape slaves reach uh Philadelphia or the gun toing rifle wielding Harriet Tubman that helped them Reach all the way into Canada to escape the Fugitive Slave Act and to be a little redundant um you know how many hours of a work week will be needed for a person to live in these facilities I mean let's presume a random number $20 an hour you know factoring in you know you know the magic number of onethird of income should go to housing you know how does that work or will everyone be subletting or abusing Airbnb loss so I realize this is going to happen maybe there's more artistic things to be done but I'm a little you know freaked out mathematically not just as ially thank you for your patience thank you anyone else good evening everyone my name is mabarak aan Mayor Commissioners I thank you for the second and third reviews on this project um I also thank the gentleman coming up here and saying the name by the rightful saying the street by the rightful name Harriet Tubman Highway it was renamed officially a few years ago but nobody used it in this city until some residents objected to that they in fact when I was um listening to the workshop that you had this property is still owned by the lorenzos family if I'm not correct just correct me it's still owned by the Lorenzo's family and we were told that for the last two years the the new guy who wants to buy it he he was in um discussions with them for the last two years and commissioner Michael Joseph he asked to see that contract I myself would like to see that contract if it was in two years actually they were in the negotiations because that is what I think is based on with the homesteaded fact that they're going to go with the old parking which if they come up with the new parking and if you look at the October 16th pnz meeting of last year they did mention about the new parking uh at at that workshop and they would have to provide double double of what they have right now to meet that standard so trying to weasle through and saying that you were in discussion for two years and can't provide a contract to show that you actually we in a uh 2-year negotiations that that brings question to me uh the 15% Workforce housing sometimes I know like in in in North Florida it boils down to um tax write offs they come before you hey you know we we can't really rent this thing that that the workforce housing can afford so we need some tax writeoffs to to make it affordable to them and and that instead of having a $1.5 million in taxes you would not be having that as as per the um the a rights be very careful with that I think they want to put up the two buildings and then put parking garages between the two between the two buildings if that is what I understand um the city is very new to that air rights you probably need need to do more homework on that than to be rushing like a bull in a china shop and saying take the air rights and they do whatever they want and they put up that little artwork there and 150 mph um Breeze come by and blow it off and injure people or something I do not know but um every year or so the the um miles per hour for the winds going up and you need to get a 3D of all the buildings in that not only in that area but in in North Miami Beach because sometimes you know it looking like if you're going to be looking at nice um blue Seas something but then you might be looking at another concrete building right next to you I'm just saying and you need to get a 3D and um thank you very much for having me okay thank you um if you haven't been then you need your hands you arning do you me the testimony you about to provide shall be the truth and hold the truth so help you God so help me God excuse I did not um yeah let's uh want to swear in I guess let's post humously uh swear them in I'm aaran had um spoke the true just no so help me God would that be enough legally hold on please anyone who has provided testimony that was not sworn in please stand up and be sworn in by the clerk so if you've already provided testimony and you were not and you did not stand and and weren't sworn in I understand so Mr zapen you did I just I just want to just okay well no were were did you stand and were you sworn in when at the beginning yes or no okay anyone else who's going to testify please stand and raise your right hand and be and be sworn in and those who have already testified as well goad thanks do you solemnly swear the testimony you're about to provide shall be the truth and nothing but the truth so help you God yes thank you Mr Mayor do I have an auditory minutes all right once again sir Diego North Miami Beach resident I want to first of all con um finish up with what I wanted to say um previously that is uh we have edua here from the north Mii Beach Library you want to stand up edua let the people know who you are for those who don't ad Adena thank you for the polite correction thank you for making it know who she is she's been fighting because I was at that Library twice this past summer and it ended up being closed because the AC was broke she shared with me her fight with trying to get an AC unit and I did tell her that when I have opportunity I will advocate for her please I'm sure well Mario Mr it's it's best to limit it to this uh to this topic okay please forgive me but I'm just trying to find a space be able to continue with some of these concerns that I have but in regards to that project let me speak to that that frustrates me because these multi-billion dollar million dollar buildings going up and on my street I still got to call Eileen government Affairs vice president for Coastal waste about garbage that's spilling out of the dumpster of the building next door because they don't want to pay for extra pickup it's still nasty and filthy in my part of North Miami Beach so why are we paying to have this multi-billion dollar building building Bill and there's no money being advocated to clean up the part of the neighborhood that I live in it don't make no sense the quality of life of my part of the neighborhood is horrible take the time besides leaving this building getting in your cars and going to your residence come to where I live spend some time and see what's going on there it's not fair we see all these big expensive condos these luxurious buildings being built we know there's a housing crisis the governor took the right away from local municipalities to be able to to do affordable housing but still this city has the right to be able to give these people permission to build this building or not and it's not fair for people I still live here and it's not fair to see these luxurious condos in the air and I'm constantly arguing with my neighbors almost burnt my apartment down because my neighbor's too busy mad about the landlord but she's too scared to speak up to them for fear of getting put out but I'm trying to do the work I can't speak for everyone else and I'm telling her but I'm doing the best I can to get things done in my neighborhood make sure the trash is cleaned up off the street making sure the landscape is taken care of and certain things we got landlords that don't even live here they got these terrible management companies that don't do nothing cuz they're getting paid we can't have these multi-billion dollar buildings being made but in here in your own neighborhood there's certain sections that have a horrible quality of life every day day in and I don't live here for free it's not free to live here I got to pay on top of other responsibilities so these people that want to build these money put these buildings in here why are they not contributing to affordable housing or why isn't the money being sent in my neighborhood on my street I'm tired of living around the trash to f up the road people drugs and all kind of mess and I've been very polite and I'm still trying to be respectful but this is my only chance to let you know what it's like on Northeast 167th Street with these raggedy buildings The Neighbor Next Door living in mold and she's too afraid to speak up or feel that the building's going to be closed down your time is up these things are happening address those issues glad you brought that forward and by the way the staff is here and you might want to direct some of that to the staff and perhaps they look into it yeah no no do something but do something positive speak to these folks when you have the opportunity they're right here they're right here Mr Mayor vice mayor okay members of the commission Alan sackowitz I think the answer to what he has is this building because this building is going to generate a lot of tax it's going to there'll be money for police officers more police officers more Code Enforcement Officers if that's not if needed they're not going to be in this building because this is going to be maintained they will be in his neighborhood and my neighborhood and other neighborhoods so you have to generate money the other thing is a lot of people talk about that the taxes are too high it's 20 or 25% higher than the county if you take 25% of the T new taxes that come in from this building and from other buildings that are coming in you'll be over over time you'll be able to get very close to what the county has and still provide great services and with affordable housing he mentioned and there's you have Workforce housing so you're going to have some housing in there but what happens whenever you build this is not going to be an affordable housing building obviously but whenever you build more units what happens is people that are in units that could afford to move up to a nicer building they will and as people move up the there are more buildings the rents go down and and and the availability comes up in those buildings the you when you have more units you have more availability and that helps everyone I think also when you fix up a a neighborhood you build nice buildings and encourages other people to do the same thing just like when you have situations where there's a lot of crime and there's dilapidation other people give up on fixing their properties this will encourage both residential and Commercial properties to fix them up and to make them nicer and areas that are tired will will not be tired anymore this will be a nice area and it's nice view coming down the streets I I hope that you'll support it I think it's a great idea and I think that you should also reduce the the millage rate when you get buildings like this thank you thank you Karen Harold hi Karen Harold I live in North Miami Beach proudly thank you guys for all the hard work you do so we can continue to be proud and I only hope we can go onward and upward um I just wanted to repeat some things that I mentioned at the workshop because I understand that wasn't on the record so um I did ask a question about the balconies because it looked like the building was pretty much up to the sidewalk so I was wondering the balconies in the front if they're going to be overhanging where people are going to be or Landscaping that was a question I had maybe it was addressed before I got here and the other thing I was bringing up about air rights because I knew nothing about this I started trying to do a little research just to understand and I just was wondering where there was City at it city was at with that whether it involves taxation zoning you know what what is it something that has to go into the master plan so those are just some questions that I brought up because I don't know maybe you guys know the answers um I just wanted to put it on the record thank you thank you hi I'm Ron benun I'm a fellow resident of North Miami Beach just want to thank commissioner schmugler for recognizing my service on behalf of Israel being reserved is quite the privilege and seeing folks like yourself and seeing and stand proud strong means a lot to me and the community um growing up in North Mi Beach I'm 25 years old I've I've lived on 173rd and 11th my whole life and living here and not seeing any highrises is a little unfortunate um a lot of people my age getting married especially being Jewish getting married young everybody wants to go to Aventura they want to go to Brickle they want to go to um surf sides honey Isles all where all the highrises are and nobody um really stays in North Miami Beach because there's not a lot of options so to see a project like this present itself I really think that it's a great idea um and I hope you guys decide to um decide right you know the right thing so thank you very much for your time okay for your service thank you thank you again for your service anyone else Mr Mayor no one else has come to the podium okay thank you all right so um I guess back to the Commissioners for comment how about vice mayor smuckler thank you Mr Mayor so um I wanted to start um commissioner oh commissioner Joseph I wanted to ask him if he was ever given the contract no mhm oh I was going to use the rest okay I'll you go to the restroom I'll come I'll go back to that okay got permission all right so I I'll I'll get back to that so also I I just wanted to say and um commissioner florand when you were um asking about um the the paint chart and the approval and as see if we can approve it um actually all the buildings located in the commercial zoning districts B1 B2 B3 B4 B5 and FCC which used to be fulford City Center and now is the fulford m used Town centers they're required to obtain a permit to paint the building exteriors so you're not that far off I mean they do need a permit to to and when you get a permit to paint the building exteriors I'm I'm assuming they're providing a color chart yeah yes ma'am it's required a part of building per proess I actually have personally denied the certific of uh occupancy because uh the wrong paint color was used so we do enforce this uh from the community development side right so you're not too far off I mean they are approving it now if you want it approve that's something if you want us to approve it then that's something we would need to bring back but it is in that particular in FCC or the multi full food mix use Town Center District it it is it needs to be approved okay good deal okay yeah and and I think there was a question before about you know fading issues or something um and I I that would if nothing else the code enforcement would also be on that too I would assume right yes sir um there are some variations to this uh we would site them if it's just a simple paint job but I can't tell from just the rendering what the uh architect was intending if it's a a metal fa saw it designed a certain way so we would actually need more detail from the architect on what the actual materials are for pling that to give you the full answer on that one okay Ben um the air RS how how many square feet are they asking for that's a good question I don't know if Mr a had that on top of his head but uh let's see they're looking for with it Sor above the RightWay at a whff of uh I had to do the math real quickly I apologize I uh [Music] um it's in here in the 20 Page report but I don't know off top of my head I apologize D did you find it before I [Music] do so the footprint of the area that we're building over mhm is 9,8 854 Square ft and that is uh 30 ft above ground and six six floors of parking with our amenity deck on top I believe it's a total of 109 ft uh above the roadway but 30 ft is the portion that is free and clear for the road uh which is well above anything needed for utility access and fire trucks and garbage trucks and the light so how many square feet of air rights do you need to about 55,000 feet is what I'm getting Mr Amer 50 you got you got a footprint of uh just 110,000 9.6 uh uh and six stories of that so I have uh I have a yeah roughly speaking Yeah roughly 55,000 55,000 okay and um Mr manager if this project were to be approved proed what is the process about um how much we're going to be charging them for that that is something that we are um currently um mapping out one of the things that we will need to do is get an appraisal of of that cost um so that we can see um their their offer and what the city is willing to do um and then bring that back to the commission okay I mean I would think if I were a developer that I would want that now because the city can come back and say you know we want $10 million and and of course I'm exaggerating but um you know the city can come back and say we want $10 million and that's what they're going to have to pay so on on on your side and I'm not telling you what to do not to do but I don't think that was very um smart okay you said it someone said it um to um to to not know how much we're going to charge you because I'm telling you this Comm commissioner right here is not giving it away so just so you'll know that if this project does pass you're not getting this for cheap because we've done a lot of things for cheap in the past it's not happening anymore and we do need to um make rules on the transfer right developments for air rights so that's something we we need to start looking um to do okay commissioner Joseph you didn't get the contract well to your to your point I I did make the request last meeting did bring it up to the to the manager and I guess he communicated that to the City attorney he did send me an email saying that that oh he did he did send an email to me um today saying that basically that um that information is confidential I'm just I'm just saying what they're saying and that they um would not be able to give me that information and for me the only reason no issue for me is that we're giving up we're the ones giving you a benefit and for from a transparency standpoint I would like to at least if we're if we're bring forthcoming for for the other side to be forthcoming because this this it's a benefit that has a a real real price a real cost to it and you know you know as you pointed out in the past we've done a lot of things that were not above board or people would have the perception that it was not above board and just because as you know us moving forward in a very cohesive approach it would been nice to see the whole process and I I think we had one resident that said that they've been working on this for two years and and I I never really thought of that aspect but you're right um that that agreement for autism purposes should have been around for for at least two years if it's not and if it's been updated or what have you then I think we have every right to know since we're giving a public benefit we're here representing the the community and they have to have every um bit of input for us to have a very um informative decision so that that that gave me a lot of pause um and that's that's what happened that's to answer your question okay so I've been doing everybody's homework um in the last few days in section 24-1 174 after un resoning and you're not too far off by asking for it because says a statement um so applications says a statement of applicants interest in the part property including verification that he is a legal owner a prospective owner having a bonified purchase contract or duly qualified attorney retained by said owner or prospective owner so in reality they at some point if if they didn't have a duly qualified attorney or um any type of verification that they were legal owner they would have to come with the Bonafide purchase contract legal owner also signed the application yes I'm just saying that it it could happen that there could be a a a contract given to the city at some point no I I contract is not always a private thing on the city but what I don't actually understand you know and this and this has nothing to do with this particular but it says a duly qualified attorney retained by said owner or or prospective owner a prospective owner doesn't have a right to um to apply for zoning so I'm not even sure why it even says that here but it's not you're not too far off by asking for that copy at some point look guys got so we understand the fact that the contract been asked for has talk to him that I think he's right that he's not too far off because according to this at some point the city could have asked for Bonafide purchase contract and and I it only came about from the last discussion this because it was said on the record right well not on a record because of that but it was mentioned um that this this this deal is contingent on us doing something and if we don't do something that deal for all all intents and purposes fails because I would that's basically it if we don't do something then the deal fails it's not likee um this lorenzos that are bringing this project theyve done all this work and they're um moving forward with this development this is we're a trigger for something right and I'm and I'm agreeing with you and you're not too far off because the city at some point does have a right to ask for it if certain things that's so I don't want to interrupt the vice mayor but for the attorney just one thing you might want to be prepared to answer later would be what is normal and customary what is legal what's the requirement you don't have to do it you can tell us later I don't want to interrupt the vice mayor unless she wants interrupt me now no it's okay but but after that during your time um okay did you say that this the the developer is going to pay for the trolley for the additional Trolley Stop yeah the developer is going to work with the public works to make sure and to implement and basically install whatever is needed to increase the route to this location uh there map clarify you're going to pay for a trolley stop or you going to pay for a trolley a trolley service a paying for the service of the trolley we are we are going to work with the city to do what is needed to make an official stop on the trolley path that is nearest to this location so you're not answering the question that that will in not exactly sure of the exact uh need it is inside of our building so I think that there'll be minimally there'll be signs we have to work with the city to no no no my question my question is are you paying for the trolley Ser an additional trolley service to stop there I don't I don't want to know if there's going to be a I don't want to know that there's going to be a a a a physical stop a physical a a what do you call those stop a bench I I want to know if there's going to be a bench I want to know if if you're paying for a bench or are you paying for an extra trolley service to go there that's the question we are going to pay working with the City Public Works especially but I know your manager has uh perhaps more information to add to this to extend the current service line to service this building so that's the question would there be a cost to extend the the Serv route that I think that might well let me let me just help you out real quick here so so basically we've got the construction of the actual bus stop if you will right on the property right so there's that part so I guess one question is will you be providing that bus stop the trolley bus stop the service are you paying and and and then the second the second question is in the event that there is a cost involved from the trolley provider um of bringing the trolley however much further it is to get there are you involved in that in in in the that that would be the trolley service so anything having to do with the Trolley Company getting the bus to your stop would you be involved in any of that cost or would the only cost that you'd be involved in would be the physical building of the trolley bus stop I think that's yeah that's the question if don't to extend the extend the route we need to work with the city I don't know official uh costs of doing that but to add in a new stop to your current line and I would appreciate if we can get some of your staff to weigh in because they actually know this better than I do but that is what we will do we will work with them to in not just have a trolley can come here no we need to make sure to work with the the city so that the line is established and this is where it goes uh mayor commissioner to to the extent of will will there be an additional cost to Route the trolley uh a block North of 163rd I don't know we'd have to work out what the route would look like um and then be able to come back to you um but we have the trolley traveling down 163rd um and crossing over already so going turning on um 164th yeah turning towards 64th into the building I I'm not quite sure if there's like an additional cost but if there were to be an additional cost for whatever reason are they paying for it I mean it would create a delay on the line at least if youve got people going in in there right that would create that would create a cost I can't I can't tell you I'm saying that it would create an additional because the fact that you would have the the the bus route go or the the TR rout going in so so let's just to I'm sorry to interrupt but just to to not belabor it anymore would it just be fair to say that you'll guarantee that you're going to build the physical bus stop absolutely and and that and that there is no guarantee that you're going to participate in the cost of the of the trolley getting into the space meaning if there's a additional cost to the city to have the trolley operator go that extra space which may or may not be that you can't really tell us now because you don't have enough information to commit to that is that where we're at could I add something Mr Mayor yeah well well just in case that's just can I just add we will We if there's an incremental cost we'll work with the city and we can make sure to pay it so that the stop goes to this location it's an extension of an existing line we don't have any you know numbers to say what they are but we're committed to getting the stop located here Mr could I add something Mr Mayor go ahead order but go ahead it's a trolley uh I'm kind of embarrassed by this whole conversation our trolley is going to aventur which is not North mine Beach for free our trolley is going to Walmart which is in the county for free our trolley is going west of I95 for free nobody's participating this these will be North Miami Beach residents and if we're providing Transportation why does somebody have to pay for that I understand what everybody's asking but I can tell you we don't even know when this complex has occupancy if we're going to still have a trolley if freebie doesn't become more or there becomes another Transportation but I do think that if we're already on 163rd and West 60 highway or Tillman highway and it's going to go to 164th what could the cost be for the extra five minutes you know it's actually my turn to speak I want to say that if we're going to do this let's go after the other so it's my turn to speak but just let's okay but just for the record I I have several times said that we should be getting aventor mall to pay for the stop at aventor mall and also is commissioner Joseph said that it may add more more uh traffic so so if more people are doing it and you know we don't need an actual traffic stop there we can just put in a traffic stop across the street we don't need them to put a sign that says Trolley Stop The Trolley Company could put a sign that says Trolley Stop So to say they're going to put a trolley stop there wow that's not a big deal what's a big deal is that if we need an additional trolley then yes they should be paying for that but we don't have to have your permission to just go right outside of your property to put a trolley stop so you know here we are that if we have to have an additional trolley because of the additional traffic coming from your residence then let's go for it let's have someone pay for it um for the traffic study I don't see where bright line and TR rail were mentioned in it why was that so traffic patterns are are managed by traffic counts through the traffic methodology approval with our engineer and the city's uh engineer through their consultants and that's establishing all of the existing traffic in multiple um uh intersections throughout this area and that takes into account uh also um different mod modes of transportation are um are accommodated because you are first getting all the data about actual vehicles uh but there is no um train stop local nearby that no there's no train stop there's traffic stop when the train comes right so you're but you're getting you're getting all of the feedback for I I believe the tests are taken uh over 24 or 24hour period 48 hour period that will be again addressing all of the different uh and through the weekday uh so that you are getting uh all of that train traffic and vehicular traffic is all through all those counts and I can but I mean the the the the words bright lineer TR Tri Tri Rail are not even mentioned in it it's just like if it's the the impact of the routes is not I don't think is included or taken into account yes they they they are tracking all all of the vehicles that go through uh probably half a dozen or more intersections throughout this area which will because it's for a 48 hour period will address how that traffic flow is impacted by the trains okay you know I'm sorry I need to go back to the trolley where is the trolley going to make the U-turn to to get in and out no how is the trolley going to get in and out the trolley goes into our um so you coming from uh at the intersection of Harry tubbin in 164th you go east on 164th we have an entrance to our for a drop off area as well as uh for residents to go out and uh for guests and patrons to use the parking garages it's on you turn left and go north into our uh parking area uh and there's a drop off area there and basically it allows you it's not a U-turn you know it's a it's a curved area where the trolley will will drop off and then it turns around through that uh like a circular Drive situation and come back out to that same entrance the trolley can fit through there yes okay it's right I I want to ask the traffic engineer um can I speak to him please yes certainly is there a reason why the word bright line or TR Rail and did you even take it into account that TR rail is having that new route as well yeah well for the record Juan Espinosa with David plumr and Associates traffic engineer so it's not typical for traffic study to analyze that basically because when the trial or the pry line line is crossing it's basically the same time that bis Boulevard is is going it's the short commuter trains so we don't have that information from Tri from Bright Light so when they do their study when they provide the train they have to mitigate their impact into the roadways so that comes with mitigating by signal timing so the time that train is going that is that the traffic 163 is stopped they have to provide additional time after the train passes so it's a issue of bright line making the impact know the developer all right okay thank you um Mr N I want to ask you about the um parking did we use hold on let me find my notes parking three top did we use um what do do we go by the multif family is that what the formula we use yes ma'am it should be under the doning code 24-50 A3 and 24-96 so written in sorry is it the one car for each efficiency one and a half for one and two bedroom units and two cars for three bedroom units no we have um have a chart for you on page five of the uh staff report that breaks down the formula with uh while 24-96 is the base parking regulations across the city as you aware uh 2458 being a m uko superp seed that by how it was adopted and under this uh we have a multi-tier formula because it is a multi a mixed use building ma'am uh that involved a commercial use with the spaces are two spaces for 1,000 square ft uh visitors is one per 20 units residential had a minimum of one per unit as well as a a maximum in the formula there are other additional rules in there as well so so it's not that 24-9 five the multif family 2496 provides some of the regulation but uh uh to reiterate ma'am uh 24-58 K3 being a mixed youth District regulation supersedes uh 24-96 we applicable they wear in Conflict the mixu regulations are the overriding item okay so so I didn't I don't have that I didn't have that one so I didn't do that um math but what I did look at um um was at the um hold on notes my notes my notes Madam Madam vice mayor if it will help you on page five of your St report daff had provided the calculation for you I know but I I I always like to check people's math and um because sometimes I don't know I guess because I like I always like math in school so but I I did I did find in this Miami economic Associates Inc um I got to looked at the Philip I'm not sure understanding your question ma'am so no no I just wanted to show you there there's this from Miami economic associatees thing I believe that was part of the submission package right so this is a the math is wrong on on the the number of units it's actually short um it's missing 49 units on this report I don't know how important this report is or not but it's missing 49 units not at all ma'am staff undertakes its own independent analysis based on what provided to us in the cover letter of intent from the applicant that and the site plan both together tell us how many units and how much square footage as reported in the first page of the staff report render before the commission and is this that it part of the applicant submission it may contain error the job is to verify independently so in verification independently so they did it wrong we have provided the actual numbers paid them less if I may that is our economic and fiscal benefits uh report okay so it's the the math is wrong just letting you know that I I would not think that the entire report there may be an erroneous number but the I will vouch for and we do have our economic expert here who wrote that report Andrew dolkart is okay just wanted to say it um all right also I just wanted to talk about the alignment on um that you guys are saying it's such a great thing um have have any of you like driven by and looked at the at alignment that they're doing the street alignment CU it's it's only like half a block so it's it's really doesn't benefit us it benefits them I mean I know last time I said it that it benefited them it's only half a block in length that that's going to be realigned um I drove by the the other I hadn't driven by it and realized it's it's totally to it doesn't benefit it's not for our benefit it's just for their benefit so for them to say um it's a it's a city street that's not correct it it's like not a thing it's there's not going to be an accident there hasn't probably been accidents there because it's not aligned they need that align to be able to they don't align that then that other building is kind of going to be in their way so this is just um it's for their benefit so don't you know please um okay I just have two more items I want to talk about the pervious um come on please I'm I'm not going to hurry this up if you're going to hurry me up I'm not going to hurry it up and you know what we've let other people talk in the middle of my thing so um I haven't been talking that that much um so for the pervious for the perious um see now you messed me up by getting me all nervous yes um the perious okay um oh here it is my notes okay so the code says that we have to give 10% of perious space and um the administrative waiver can give a decrease or an increase for not more than 25% of the 10% so at the highest that would be 12 a half% and at the lowest that would be 7 and a half% so they're asking for 4.4% which is lower and 4.4% is much more than half of 10 10% so really they're asking for 56% of of provia space ma'am the 25% rule applies for as you wrote in the as you read in the code for item post fact that it during the process and subject to uh the did the rules within the other section of the okay but but that's fine you you can you don't have to I can be confusing all of you and that's fine because it doesn't matter um well it doesn't because listen to this a new development subject to site plan approval signage and floor plan regulations is not eligible for an ad administrative waiver administrative what I'm sorry was the last word is not eligible for administrative W waivers we're not we can get we can not give them an administrative waiver well administrative waiver would be that would be him yes but a new a a new a a new development subject to site plan approval is not eligible for administrative waivers he's not giving administ that's why they're here yes he is he's giving them two administrative waivers are are you giving any administrative waivers here or are these are all variances no right right now it's the variances but they're giving the city is giving them two administrative waivers they're not on the perious space let me Mr let me clarify for us they're not administrative wav in the uh waiver in the sense that you have uh it written in the code from what you're cting a ma'am on the uh 25% and so forth for example within the code um I'm going to provide I'm going to uh direct you to the height item that's waiver request number one waiver request number one isn't written in the code as an administrative waiver per se we do process that administratively but we process that administratively as the waiver because the commission provided certain guidelines and rules for example in Cote it's not listed of Mr waiver it said that if the applicant meet such and such a condition we provideed to the m convention because those are the r that are written for uh in that case when you look at administrative waiver one it's not actually a waiver as you would normally imply that the special exception outside the rules on the Judgment call it's written within the code that hey they're if they they're allow either 30 stories or 375 ft oh by the way the code also says that if they they don't if they're below 375 ft and don't uh exceed their normal density otherwise they can go 30 35 stories so long they don't exceed the 375 ft in height I want to put that as an example because in that sense it's not listed in the code as an administrative waiver but it is a rule the applicant can use that that clarifies that further just see here that it says the following are exceptions where administrative waivers shall not be authorized new development that is subject to a site plan approval provided in section 24- 172 this is printed off of of of all right so so just to to get to that point from you're the expert here is there any issues with with what is being said no sir in our review stff hand we pretty tied on this we honestly D doesn't really like it when we have uh items come before us with less than the previous um if we could fight against it without violating the code we would but our hands were pretty tied in the review process okay all right and and Mr attorney um from your perspective there are you you know do you see an issue with that from a legal perspective well I and I think uh not to avoid answering the question I I'm trying to and I think Mr in is as well we're trying to understand what is the um specific um concern or question we granted two waivers and it says here well you were hold on the reason why I'm I'm I'm questioning and trying to understand is you specifically made mention of the perious or impervious uh standards are you saying that the one of the waivers is to that standard yes okay there's two waivers one is for the perious area and the other one is for the par parking lining so we it's it says here and and I did I think that the pervious waiver is wrong forget that it's it's against it says here that we can't do it I I think that it's wrong but the point is that it doesn't even matter if it's wrong or right um it says here that um new development that is subject to set plan approval is not um allowed to have administrative waivers I think that's because when you're going for site plan approval you're getting all your all everything's being addressed as a variance but we just we're giving them two waivers it says here that they're not allowed to have waivers I'm not sure what you don't not understanding no are we are we giving waivers here yes ad w D but yes uh eventually this called under the open space rad under uh meeting I was said how upset I was that they we Dre administrative waivers um to to proper to developers and um we we let our our our residents have to pay thousands of dollars and nobody said we weren't doing it back then so we no when we we are doing waivers and it says here that we can well I think that I think I'm not kind of getting are we doing them are we doing them on this project now or yes we are I I understand that you I will defer the you know I will defer the answer to Mr ing who is our director of Community Development who is the person who is professionally trained and has the most knowledge as well as the applicant but I do want to make a comment or an observation about you know the charging residents for an application or getting an administrative waiver versus the perception or the belief that it's applicant isn't um also paying for that administ wer um they they have they're here for site plan approval and our code specifies what the cost that they have to pay to obtain that site plan approval uh so the suggestion that they that you know we're we're requir that's not my suggestion my suggestion is that when residents come here who live who will live here for 20 30 years and they come here for a little teeny weeny um zoning issue or something that they do not get administrative waivers but when a developer comes who will most likely flip it or or not living there they you know we make exceptions for them and I said that at the last meeting nobody said that there was no waivers and now I'm reading here that site plan approvals um site plans that come before us that that they can't get waivers so I I'm not arguing right now my argument is not whether they're paying the residents are paying that's not my argument that's for another day I'm just reminding him that I had that conversation at the workshop nobody said there wasn't any waivers there's two waivers one is for perious area and the other one is for parking mining it says here that new development that is subject to site plan approval shall not be cannot get an administrative waiver that's all I'm saying mrster can you explain that for us yes so to clarify we have a project that's ises you don't have to rely on anything you don't want to what you have to say all right go ahead we have a project that's in the mixed use District of which has numerous regulations requirements uh both for minimums and maximums and there is language that your staff is following that says that minimums of certain uh but limited requirements may be waved by the community development director that is specific to the mixed juice districts and a project that comes in to follow those rules and that is what uh I believe Mr ing was actually saying that that's what they were following that is a that is four projects that are following those mixed juice District regulations it may sound like an administrative waiver which I believe is a separate identified process outside of the mixed use district code so it it sounds like and may have been written as a quote an administrative waiver because administratively right your Administration is is working on the waiver itself but it says that a waiver May so we were basically getting a waiver for those two items uh sub subject to all of the other and fairly rigorous regulations and requirements in the code and we had to justify those waivers uh to staff through our application and they have vetted that and it's even explained uh here this is substantial competent evidence that we have Justified our waiver requests they are not administrative waivers I think of the same nature of what others are asking about uh that may also require you to in the future address what other people are asking just no I know but you're talking about like someone trying to avoid a variance at a residence What's happen made a comment I just made a comment that I didn't think it was fair that's not I'm just bringing that up because I brought it up La at the workshop and I'm reminding everybody um those that don't conveniently remember that that wasn't brought up so I'm just saying the following exceptions where administrative waiver shall not be authorized is new development that is subject to site plan approval process that's it they were given two administrative waivers put them as variances that's it so you're saying that they shouldn't have been waivers they should have been variances right right Mr rad mayor under the provision of uh section 24-58 the community development director does have the uh the ability to review a project on technical uh uh observation uh to look at the open day standard that within the code in this particular case that I provided during the workshop I did Cover uh in response question the previous area waiver and at that same time if uh folks recall uh uh I had referred as back to pay four in conjunction of the staff report because as I noted at the time and I want to not again for the record this uh this aspect of the prvious area cannot be looked at in a vacuum and you have to look at the whole project and on page four of the report uh what I had previously mentioned was that there aspect of flood resistant uh development uh if you permit me uh just a quick uh uh uh into this um the air area um and I know the public had questioned on this before as well within the area that does evaluate flood as part of uh evaluation that's where the perious area comes in it's about potential for flood and sight retention and uh the building from that stand point we know that the development is in FEMA AE el6 elevation 6 in exchange for that aspect of the perviousness the uh the applicant had the Finish floor elevation of 9 ft instead of six 3ot 3ot elevation is actually much higher much more expensive and actually better for us in the long term from a technical evaluation standpoint in fact in our CRS program you actually get the maximum amount of points for that area within the CRS program providing three feet instead of one feet at the regulation so that's a kind of technical d that we're looking at so so the question is is that are you comfortable with the legality of how this is written because vice mayor smuckler the letter of intent says administrative waiver do you feel that that what she's referring to as administra waivers need to be converted to variances or are you comfortable the way that it's written you know holds its legal water uh mayor ja comfortable and note that in consistency with PRI rulings uh at the city it is consistent with how business has been uh conducted okay so we we've messed up in the past and we shouldn't have the letter of intent says administrative waiver and a new development site is not subject to administrative waivers that's it over and done with I'm finished okay all right so I I think that you're done just just because it was done in the past by accident nobody picked it up it's not doesn't make it right I get it all right so so anyway what what I we don't really know the real answer right now I don't think well no I well there's there's listen every we all know in the legal world there's a million different interpretations and then there's the truth somewhere in between there so yeah you're a lawyer you know I'm not hey I don't up here I'm not a lawyer so I'm not a lawyer up here okay so so anyway the point is I'm not a lawyer but I produce two lawyers and IED a couple also so um you know what it's it's it's it's what is here so now everybody can just come up to us and say well you know it's subject to interpretation it doesn't really mean this or doesn't mean that so it doesn't matter everything means whatever it can mean what was the second thing all right the it was the perious uh and the parking liner line liner okay all right so so address working as well lining not alignment the the the lining the part the not the not the alignment the parking lining when you say the what do you mean by the lining the exterior the exterior part of it AR you guys doing your homework I I I I don't want film I understand her I understand what she's talking about but I don't want to take anything from her time that's you can do it goe fine go ahead explain if you can explain it please do go ahead the film it's the film it's the film it's and I don't want to take that's it's the interior liner so you don't see the headlights okay when you know at night okay and there's a concern with that so let's ask Mr what's a concern with that liner it's not a concern it's a it's it was an administrative waiver that oh the waiver okay oh there's the two waivers I got it okay that's that's one of okay all right Mr you have anything thank you um ative wave uh administratively the the the director can review um an area the Cote allow the director to look at the Active line requirement along certain frontages and uh as long at alternative screening for five for the architectural elements that ensures no Park vehicles are visible from the street is provided uh director can uh wave that provided those conditions the those conditions were provided um um um it had to be um the other rule about that is that we had to look to see that the artistic screening of the garage in those areas where it's wav um had to have a varying architectural elements that consistent and harmonious with habitable space it had to be scen had to be sufficient that no Park vehicle visible from the street at any angle and um the varing decorative architectural element increase atar aesthetic and better The Pedestrian experience in this regard we not only have staff run through it we run it independently through uh both an Urban Design and Architectural consultant to provide feedback during the tra process okay well okay so I I I guess really and and um Mr attorney please jump in if you have anything I this the only thing that I guess we want to just make sure of is the legality and properness of the way we're doing things if we're good with it we'll just you know go with it the way it is for the moment because we have you're the experts so the commissioner smuckler it has cited to a section of the code that she believes categorically states that you know waivers are not allowed for new development uh that are subject site plan approval um what I hear the applicant and staff saying is that the project is subject to the mixed use zoning District regulations which are a set of regulations that City commission adopted specific to these areas in the city and those regulations the mixed use does provide for uh limited waiver of uh provisions of the of the mixed use District regulations when in the opinion of the um director uh and staff there are sufficient conditions or other uh situations that um amarate or mitigate the potential requested waiver it creates the exception and so there is that Standalone provision in the mixed use District regulations that's separate from and distinct from the section of the code that the the commissioner is is saying now um in a perfect world should the language that the commissioner um is mentioning say unless it's in a mixed use District yes um and and that's probably a glitch or a correction that we need to make moving forward so there isn't this and it is through this process that some of these uh deficiencies are identified and you know we we had this discussion during the workshop which is at the end of the day are these are this mixed use District concept what this is is what this commission and this community wants and if not then you know we we begin the process of changing the the the the regulations but right now this applicant um is asking you all to review its project um in light of the existing regulations that do provide for um uh this limited um uh waiver as explained by Mr ing if I am not explaining it correctly Mr in or Mr amster please correct me but I believe that is what I'm hearing and to the extent that the reg the mixed use regulations which are again designed and intended to be specific to this area uh provide for it that's you know what what you should follow okay so so I think that what I'm seeing is that either you know when there's a motion does something need to say to stipulate clarification with that or do we need to does it need to be so it doesn't need to be switched to a variance basically no sir again the what so we're clear what you have before you is a site plan application with a request for 13 waivers you evaluate the site plan and the and the requested waivers in accordance with with your regulations there's no switching there's no changing if you all want to impose potentially additional conditions uh to mitigate the impact and and the the developer uh is willing to um you know conform to those conditions beyond what has staff is already recommending that's obviously a discussion for you all to have with the developer during the course of your motion to approve but what you have before you is what I just said a plan request pursuant to the mixed use District regulations with 13 related uh uh variances okay so so the so what just I want to make sure we're hearing this correctly so basically the potential discrepancy that vice mayor smuckler is pointing out is really more of a lack of clarity issue but really the intent and spirit of what's happened here is compant to the mixed use district and everything's completely legit in that respect that that is a better the last part you said is really what's Happening Here is the more specific regulations govern and apply over the general regulations because this city this commission or previous iterations of this commission decided we are going to develop and Implement mixed use District regulations for this area here's what they are here's how they're supposed to be applied and that's what your code is current is is how your code is currently written so that is what you apply the more specific governance over the more General okay so I apologize to the developer for the city uh mistakes commissioner I think that your comment is is on point and pointing out that there is a um lack of clarity needs to be addressed moving forward all right so I'm apologizing to the developer for the city's mistakes okay and I want to thank her for bringing it up because I too want to make sure that we did not have an administrative approval on anything because it was very clear and I read it as well that you couldn't have that but now that shows us again how we have to review what's there and bring it to what it needs to be done if we're going to continue thank you that's an ongoing process that's always going to happen you know things change things move people don't realize things so okay all right so that's noted um and the city management is aware of that that thing okay good all right um commission turnoff good evening in regards to that I would address code to the staff to look at our code where we have conflicts which is obviously this where one place it says you can't do it and then we create a mixed use District that says you can do it so it needs to then explain that we wave the other requirement they got to cross each other so that we don't get in conflicts and this happened with the elections too and when we were talking about the 120 days or anything like that it's it's it doesn't reference the other and it causes trouble of interpretation and she's not wrong it does say that it says clearly that but our own guy who were saying is in charge of it all is saying no that under the mixed use thing very mix use what whatever regulation that they're complying and they're allowed to do these things and that's why it came forward with variances 13 of them versus anything else and that that's all right so it's been brought out it's been brought out we understand we're all good and we're going to make the necessary change so that we don't have the non- clarity issue in the future all right me being the I don't think I'm the oldest no I'm not the old oldest here but I'm the longest sitting on the city commission I'm sorry um always bringing up my age but I was on the original commission we called it a council back then who created Hanford Boulevard and we created the concept of what should be built on Hanford Boulevard so if you want to get mad at anybody get mad at me I was on that commission okay what we envision was certain parts of the city where we have the marina whatever it's called now that was one of the places that we invisioned High stories high density and not near our residential stuff so again they're coming in under regulations that were thought of 25 years ago and then was updated by 2015 whoever was on the council in 2015 I wasn't there in 2015 I left in 2009 but I was in the one that they were revising what I did so they now made it super density if you build and you want let's all not forget the Lorenzo family who was a great family for our community who did a lot but they never improved their property okay we as a city came to them every year do something do something it was all concrete there was no Landscaping there was no know you then they put the little island in after we had to fight with them in order for them to improve the property that property was there for 30 years that was an not I won't say an isore it was a institution in our city everybody loved it but they didn't Ben they didn't prove it rest in peace Ben Lorenzo said no every time the cities came to him and told him to do something he didn't want to do it now they're coming forward they're on this application they have to they're owners so their the lenzo family is wants this to be developed this is the point of that street that street dead ends there goes no further they're building what we ask them to build what more can we you know we can try to regulate no we're not can you try we can tell them what color to be what to do make them come back with ar urally a better looking building than they did before they're nice enough to comply with us and you know look at the process we put these people through as a developer we had a hearing we tabled a hearing we made them go to a workshop now we're at a hearing again they're doing what we asked them to do and they've been working with our staff and trying to comply and they're trying to make us a beautiful structure that we can be proud of to be in our city when you drive down 164 street we have one building on 164 street who has done what we asked them to do which is the one that's already up nobody else has built nobody else you know we have many applications that I've seen the application they haven't built they've gotten approval they're not building they're not putting a shovel in the ground you know hopefully if we approve this project they put shovels in the ground and move forward I think it's a good win-win situation for a property that has historically been a property that needed some improvement and now they're going to have this beautiful monstrous and I keep saying sorry guys it's a big it's a big development there's no question about it it's four buildings that are you know it's a lot of building but it's on the end of 64 Street most of the problem if they have a problem is going to be their own problem it's going to be getting in and out of their own property so if they build it and their residents can't get in guess what's going to happen they're not going to go there they're not going to get the residence it's not going to happen so they're going to hurt their own residents if they don't have the ability to move if they can't get in and out if they don't have the transparency so again the Comm I have a question about the commercial space when is the commercial space going to be built uh probably 2third of it roughly is in phase one because that's the entire North part uh north of 164th Street so so that'll be open three quarters I apologize that'll be open while the last building is being built yeah it can even be open during phase one which is uh only one of the North Towers phase two is the second North Tower they can hope they should be able to get cosos for the commercial spaces uh at the beginning you know when the first residential Tower comes on board thank you and the 15% of Workforce housing I think that's very nice of you to commit to that thank you very much and I will vote for this project I think this project is what we wanted this is what we required and they're doing what we required thank you okay commissioner Joseph thank you Mr Mayor um some of my my comments were were I already mentioned them um I'm I'm sorry sorry some of my comments I already mentioned them um my one of my main concerns I wanted to see more um transparency and who the players are in this particular project um because this is going to be something that goes on for next five six seven eight years depending on when the county um moves forward I know also the timing of everything is kind of like to me it sounds like it's a lot of it's up in the air um because it's really contingent on how other third parties are going to move forward and and really developing this project and those create certain posit for me um traffic is a is a major issue but as one of my Commissioners says you know we anytime we develop traffic we'll be an issue and how do we mitigate that um you know I I know the traffic study on consultant came up and said you know when I guess one commissioner smuckler brought up the fact of did you really take bright line into consideration trial into consideration the you know um on this project and the way he explained it was just not as clear as I would hope it could have been um it was very kind of like well we there's really nothing we could have done given the fact of the the that data not being readily available but you know I know we're going to eventually get the um the bright Line Station I know that the Mackin um U property is is it's moving super fast uh to his credit uh and I know that that Corridor is going to get extremely busy really quickly and you know from all in sense of purpose I understand you know this is about business and and and and trying to do the you know trying to uh attract business to our community but at the same time there has to be a balancing act for me there has to be a balancing act and there's been plenty of developments that come up to come up here and I've been you know I said I don't I don't talk that much A lot of people know I don't talk that much when it when it comes to certain um certain projects or development projects I I I get my questions answered to the best of my ability and if it makes sense it makes sense but there's a lot of question marks for me from just some of the things I pointed out you know who are the players um why wasn't it more detailed analysis when it comes to Bright line when it comes to Tri when it comes to the potential station that's going to come down the road um and uh that that like I said it creates an issue for me um and I I you know I look forward to hearing the rest of my colleagues um oine thank you okay thanks thanks a lot right Mr Smith thank you thank you um let me say I have just a few brief questions um one is where is is there a dog park a dog walk I don't see any green space What where where are you going to have the dogs and is there going to be a an area for children to have a play area Green Space the amenity deck right is quite expansive mul multiple pools lots of Green Space uh they'll have ability to have a dog park there for all the residents okay and plenty of play space and pools and different size pools you know there can be I don't know if it's is there a a child specific pool and a pet spa is on that amenity level Mr ning the regulation that you can't have more than 300 ft on a street and this one's 4 something as a variance what's the purpose of that if you own the whole block and it's 500 600 ft why would you only build on half the block staff in reviewing the records um and looking at the Spirit intent knows that um regulations of that type usually are so that you can break up the facade of the building if you look at other communities like South Miami for example uh from a technical standpoint we always hear about Sunset Place being like a Fortress lightting that's why people don't want to visit that area the whole point of that code is so that you don't create one giant wall it's broken up from a visual standpoint so that you have people who want to walk the street and see something a little bit different but with the mixed used area the bottom floor is broken up because it'll be different stores one could be a beauty parlor one could be a shop one could be a restaurant so the straight lineage of whether 600 700 ft would not be a straight look if it was like a concrete block I'm just wondering if that's something that needs to also be addressed see here's the issue that I'm going to take a few minutes and only a few minutes Mr Mayor don't get nervous this is the issue the issue is the mixed use which comes let's say from 17th Avenue to the Bay the mixed use has given regulations that can and cannot be done and that's the area that was pinpointed and when the new area when the new code was established that's what they established now what's important to know is you don't want traffic you don't want ugly high buildings you don't want to give up air rights except for one thing you certainly don't want to raise your taxes so we voted tonight on three different resolutions that said $220,000 for our janitorial equipment supplies went up to $170 170,000 now it was a combin it was a combination of departments but at the same token the insurance is going up the cost of Labor is going up the cost of materials are going up and if we want to modernize anything if we want to clean anything if we want to have better lighting more playgrounds we need more Revenue so how are you going to get the revenue we could raise the taxes or we could say that we are going to have new construction and the big thing about it is I'm look keep looking at this picture because the big thing about new construction is where are we going to have it I don't want it in my backyard you don't want it in your backyard so there's very few places in North Miami Beach West Dixie Highway biscane Boulevard 35th Avenue um where there's a shopping center currently 163rd very few places you can do this so here comes a project before us which it's give and take it certainly is give and take again I I agree wholeheartedly with my commissioner that we can you don't have the right to give administrative waivers but if you're telling me these two things on the other page if you flip the page they're really not called administrative waivers that's something that thanks to our commissioner was brought to our attention that needs to be fixed but when you look at the project itself and you look at the and you look at um what the City would like maybe to do to make our city a little more enjoyable a little more modern a little more all the things that you see around us that are happening whether it's Midtown whether it's um Bickle or whether it's aventur whether it's even if you go down to Coral Gables we sat stagnant and the only way to do anything like that is with money and the only way you're going to get money Mone is to recognize that this is the type of Revenue that can change your city now as far as the traffic goes and as far as okay we want to have buildings but commissioner we don't want 30 stories well you know what then we have to have a immediate not six months and another six months and two years we have to go together and say what do we want and then you have to change the code what they're bringing before us and I've gone over this to an nauseum and you know it because I have made several people crazy which I'm capable of doing could be any one of you next I have gone over this to such nauseum because it's already in the code yes you could say no to the variances we're not going to let you have a piece of art we're not going to let it be three stories up the problem is if we don't do that then you're going to have an ugly 32 story building that they're allowed to have they're allowed to have it and they're allowed to have a number parking Which is less than they're doing so that's my speech I'm getting off my speech and I just want my last question I want you to verify with me two things actually if you can make sure that the artwork's going to cover your five-story parking Bridge or whatever that bridge that you want to build for your parking that's not going to be a concrete it's going to be covered looking there I just verified it with the manager am I correct the bridge is for to go from one building to the other yes and the are these are in our plans this is this is the area that it will cover it's uh it's dimensioned in the plans the final uh art design needs to be this is conceptual but we will work with your staff to to to make that but this is the there's even a materials page to show you much more detailed of the actual installation itself okay and so I want to make sure two things with the materials that artwork material will be something that will be permanent and will be durable and we because when they talk about paint fading I didn't think see this as paint I saw your addition of the brown as some kind of a metal some kind of a almost an art piece on the side of the building are you thinking it's just going to be a a wood thing or concrete thing that we're going to paint it brown no it it is a metal framework the art the art yeah not the art not the art I'm talking about the the the brown detail the side of the building that's going to make the building have some it's a it's a Concrete but it's it's actually offset from the building it's an architectural I know but what is it what is it is it going to be a wooden painting concrete pain concrete painted yes okay so then then it'll be up to the condominium when it's finished or the whoever owns it to put money away as they do now maintenance it's a maintenance issue just like the Landscaping is a maintenance issue everything else I mean I have to tell you it's supposed to be compatible and I never brought this up to anybody but compatible to what they made an eight-story building and I spoke to Alan Mack and I'm sorry I spoke to Alan macking about the project too so um Jennings so um why did he go from 15 stories to eight stories and what's interesting is and thank you for reminding me it's going to be compatible to the building we already gave approval to it's not compatible to anything that we have now and the building that they gave approval to on 20th so this is where you said you could do it when you did that and if you don't want anymore you have to quickly not take four or five years but change your code and say no more I I happen to say I a lot of work uh a lot of effort um many times we come up here we vote on this we discuss this and then it never comes to fruition I hope I live long enough to see it come to fruition I having met having had the privilege to meet the young man that is the developer I believe that will come here and as uh when I spoke to somebody in Planning and Zoning they say there's no vested interest they don't live in the community oh yes this Builder lives in the community so I I just can't with all the objections that make sense it makes less sense not to go forward so I appreciate your you're coming three times to bring this before us can I just say something about walking the dog one second please or the spa or the spa just say it very quickly please okay no so so yes you did very good okay so you you can't really talk you can't there's only 4.4 4.4% of pervious space to walk the dog so there's no space to walk the dog based on the administrative waiver that they're getting um in fact I'm not even sure um where they're going to commissioner I may I can clarify for that okay all right let's let's do it quick cuz we really got to keep mov sure that's that's the amount of ground level but we have um 24,8 78 square feet which is 18.9% up on uh the amenity deck level so on the 11th floor uh it's the ninth floor the ninth floor well I'll just make a regulation you have to get a dog under 20 PBS and then everything's fine little dog little area um I want to just quickly I'm I'm I'm finished but I want to mention that I have been to a Trad meeting when I was first elected in 2007 I went to everything and for the Public's um own information when you go to Trad everybody from every Department the police department the engineering department the safety department they come and they make 50 60 pages of Corrections on the initial initial plan this particular project went to Trad four times 60 Pages before it ever goes to Planning and Zoning before it ever comes to us so much has been worked out please don't think this whole project something of this enormous um change in our city don't think it came here for you know a couple hours tonight and a couple hours other night this project has had professionals been looking at it again and again and again I'd like the public to know that okay thank you all right commissioner flont yeah I know we're the only ones between you guys and reservations at Kasa D'Angelo tonight so we don't want to uh belabor any points um so I'm good I want to hear what everyone else has to say before I before I make any any comments commissioner John hasn't spoken as she no so I'll wait I'll wait until she's done speaking thank you thank you um I'll start with the point about the waiver and the the when there's an issue where there's a conflict within a code and a new a new area within our city I think the owners falls on on you the director to be able to bring that notice to us because I remember when vice mayor smuckler mentioned it and I think if there was a discrepancy those are times where we expect staff to bring that to our attention so that those things can be averted for future um what was the consensus about the flood and evacuation update the Plan update uh in regard to the area to the area so in that um what staff looked at generally as the ru like across all the project is the direction of the uh of the evacuation route and ourc Cas is dly direction is north and west uh towards I95 and up Aventura depending on the flow in addition staff takes into account on the review that and those extrem emergency when the state comes in you can actually direct uh traffic to it one way and those are actually uh acceptable emergency plans so instead of looking at it from a your regular traffic standpoint of two or three a lan you're looking at six Lanes all going in One Direction and ring traffic a certain way uh a certain certain times in that regard uh the city comprehensive plan is supposed to account for the density and such a way that allow for evacuation that is um that's why the on review because the evacuation r r Do's responsibilities and the county responsibility when you update your comprehensive plan as a city it actually to go through a state coordinated review the other agencies to come into play here and actually have the right to comment and provide feedback to the city including objection are include do and the county any update every update sent to them and so in that review process when you have your comprehensive plan you look at whether you got your density capacity is enough and your and your evacuations are enough to handle that density and other parts of the state they actually you know especially areas of critical State concerned they actually have limitations to how much you can build as a result the keys for example have a limitation to they have a maximum density the state that said unless you got more capacity along this route you ain't building anymore we haven't hit that so that's what staff looked at okay thank you um did did City staff confirm the County's expansion um plan um yes ma'am we received a update um just before the commission meeting uh started their schedule they hope to have it out to bid um with construction started in the fall of 2025 and hopefully completion in 27 thank you um one of the things that I I believe uh is is one of the gems of North Miami Beach is the diversity of the community and I've had these talks with Mr attorney of how do you address you know our our our desire if you will to see not only diversity and the projects that come before us the teams that come before us but also the availability inclusion for those that are going to be able to live in this particular um uh unit if you will so my ask to the developer is is your hope to really have a diverse community be able to have access to living in within the building I don't if you can answer that or I they're not going to be discriminating against anyone who's coming and as we said we already put the 15% uh set aside for Workforce housing so that will help to create uh an area that uh attracts many different type of residences there's a a large mix of units there's Studios one bedroom you know for your you know single uh people uh and then there's larger you know two and three bedrooms so they can accommodate families they have this great big amenity deck they have you know parking in the building and uh um many commercial uses right uh you know at the ground level so that will be attractive to quite a number of people and I think it'll be a quite a mix uh and and be very accommodating thank you for that um I know the question about the cost of the trolley as it relates to an actual stop versus expansion but it wasn't clear what would you really be committed to so I don't know if you can prob put that on the record for us so we will definitely make sure that there is an appropriate uh TR Trolley Stop within the building itself when we are committed to you know explore with the city what it's going to take to get uh that line extend Ed uh and we'll work with the city to make that happen to to pay for it right we are absent unfortunately what that happens to be uh and so I cannot commit to an open I yeah we're open to explore it and we want to make sure this happens putting a trolley stop you know uh whatever uh sign and and uh you know physicality to it it means nothing if the the the line isn't there to accommodate it so we we have to work with the the city to make that happen I will say that we've already been working with the city to make sure to actually include this in there because uh in large part the widening of Harriet Tubman it was precluding a trolley stop being located at that side of the street so we said fine why don't we work and I think this was uh actually Mr in's idea can you accommodate it inside the property we went right to work to see if we can make that happen and we can so we're already committed to working with the city and that's what we'll continue to do so in good faith that means you also hopefully share the costs if there's any yeah well we need to see what those costs are but I I believe that at least some of those some of those costs we can definitely consider he's not want a yes Mr amster I cannot commit to an open-ended amount of money but I'm sure that this is not going to be an extensive uh amount so we we can certainly work it out sounds great another question that I had was within the units that you're going to have um within the ground floor um one of the considerations that I want to put on the table is for us to have something for our pal um something that may be a city owned space or shared space where residents of the particular building itself or any Resident can participate in a one of the I've seen it in um Hollandale I believe they have a development but they also have an area within the development that's a city um operated space within one of the units um on the on the bottom floor so that's a consideration that I want to put on the table to see if your team would be willing to consider I don't know if that's been considered but we we can explore that but uh it I'm not not sure what that entails I think I get an idea some Community um area yes um so we haven't considered it I can you know the developers here and listening to you but I don't know if that's again I don't know what the city's needs is are either so I don't know again this is a bit um new to us as well as a bit open-ended not sure what the actual need is uh if if you all could you know come up and give us an idea of what you're looking for in the future particularly advocating for our pal program which is looking for a more designated space but it would be a shared community space that could possibly be ran um through with City programmingsoftware we're we're bless you um you know the what's before you is the site plan application the variance request assuming and that's said you know then uh that there's um a movement and a vote to move forward then we obviously need to meet with the developer to address the issue of the purchase of the air rights and I think that the the the issues that um several of you have talked about um and voiced concerns about with that would be a an appropriate place to have that conversation uh because it is a nego it could it could be done now as well I mean as a consideration it's not anything to put it as a contingency for approval but it's a thought as it relates to the creativity of of the potential area right understood there there so we can have per se we can have it as a potential yes um I I think that um you know you know when you yeah the developer could say no uh and and again then the the the place where we would have those conversations um as part of the negotiation and like I'm saying it's not it's not a condition it's it's an it's an opinion or it's a thought so it's not contingent on approval this is just a point of creativity right you so you you want to put out there the fact that it would be nice if they had a party room or something that they might make it open or let them book some time for particular organizations to utilize that space to some point yeah yeah we're willing to work with the city find out what your needs are and see if we can accommodate it but that's and here's what I want to say to the team itself um as it relates to the process of bringing a development that you believe is going to enhance uh the city of North Miami Beach and I think ultimately that's all of our hope that from the technical perspective to the staff perspective that we're not a pin in your side as it relates to approval but also I think our our due diligence is is also in making sure that what we approve fits into the live work and play of the city of North Miami Beach so I don't I don't want to make it that the conversations that we have up here is like an obstacle to approving a project that could benefit our community but in the same token and you know we all live here and we want to see something that fits it well so I don't I from my seat it's not um what's the word that you use you're not it's not it's not an ask it's exactly it's not an not to say that this project should not go forward but what it is is to make sure that it fits into the construct of what North Miami Beach is evolving to be so that's all I have to say thank you okay thank you um all right so commissioner florand I know I know why you went the last where are you trying to be mayor someday oh is that what it is is that what you're practicing oh man go ahead no and you seem like you had a longer checklist so you know honestly I'm I'm just thinking about this this this whole process and to a certain degree I feel like we're Beggars at our own gate right because there's so many rights that developers have and um if even if you you know go through the process and you asked for this and asked for that and with all due respect to Mr amster he will commit to thinking about considering it love that right so you know that's really not saying much right and you really can't hold them to much either right um we have a numerous proffers that we are our know and that's that's greatly appreciated you know that's whenever whenever those propers do hit you know everyone is going to be grateful for that but I I guess what I'm saying is in the in the grand scheme of things it's not only about you but it's about the process of development and where it's going with the state right that cities are basically being becoming Beggars at their own gate look at what's happening on Miami Beach right with with uh this project uh uh CLE at The Clevelander right it's so the the and look at look at uh when you're exiting off of 41st um in Alton right there the middle of um you know there uh in the middle of the of the road there's a probably I don't know 10 story building that they just that they just erected right off of Alton in 41st and you know it's like okay you know this is this this is almost literally um side by side with the highway right so it's like where do we stop I I don't know and and so I'm not here to to um to to necessarily uh bash de developers you know I don't want there to be a developers Anonymous on account of North Miami Beach you know but um you know the the reality is that this is where development is going this is where development is going um I don't know what happens if we don't approve uh these wavers uh what the project looks like uh if if these waivers are not are not approved or these um I'm sorry not waivers variances are not approved um do you have an answer to that Mr amster well again this has been thoroughly vetted some of these are the result of conflicts in trying to meet the with the property assemblage right the the shape the size of these lots and the property that we have to deal with make us have to require some of these variances just because they can't meet the code requirement because of what the land size and shape are so there would be no no Project without a variance there could be a different project differently designed going to need the same uh variance requests uh others again as we've thoroughly vetted and tried to go through all of the very uh extensive zoning regulations to try to come up with the best project that you can put into this property uh is where you know other uh variances arise one of them you know is uh is the Ada parking space that hopefully is just a an anomaly that will in an ordinance coming up will be replaced uh but perhaps some of these other ones are of that similar nature having uh an ADA space that's longer I don't know what what the Genesis of that requirement was in the first place uh but uh some of our for example our drive a variants which is uh Limited in only a few places because again the shape of the lots and trying to put in a cohesive parking level with the appropriate uh circulation uh has us be uh up to 1 foot lower but yet that 22 ft is completely compliant in many other places in Miami D County and other municipalities so some of these uh are an the we are not going to provide something that's substandard it just happens to be that it doesn't meet the code requirement and yet from again the basic intent and purpose there's no safety issue there's no harm in doing that so some of that that's Pro that's the in the attempt to try to make the best project uh that can be meeting all the Urban Design The Pedestrian you know friendly commercial live work andplay type of uh environment and building uh to benefit the city you know we we have uh you know this which I actually think is a for a project of this size and for the uh the scope of what we've accomplished here uh a reasonable amount and on the because really what is happening is this is a one one siiz fitall written code and that doesn't that you only start to realize how it comes into play when you have these actual properties and that's why there is a variance procedure it is a relief valve to understand and the criteria are to make sure that you are following the intent of okay so do I have appropriate uh breaks in my massing so that it justifies the variance request yes we do your staff is vetting all that in order to provide you that detail not just our justification uh but the they're vetting it and providing it in your staff report all that evidence is what is used to you know think this about this holistically that you're providing the best project so if we were to try to at least in some limited extent uh you know uh reduce or eliminate any variances now you're setting us back what had been all this good planning including uh this tremendous review by the technical review and even your Planning and Zoning staff to a point where you know the this project may never happen and that may be a disservice to again the vision like this is the time to act this is the opportunity uh that finally um is happening here uh from 2015 uh that it may be lost if this project doesn't go forward or gets significantly delayed to try to redesign when you're still going to have some variances just due to the nature of the assemblage of these properties uh thank you for the explanation um commissioner smuckler made mention about the variances versus waivers I want to know was that a was that a hard uh press issue for you commissioner or um you because I I I want to make sure that while our ad Administration is giving us advice I know that in my conversations with the city attorney there's always a disclaimer that his advice you know um is his advice right but at the end of the day we have a responsibility as the commission to make decisions um and we've already said during our Jennings disclosure that we're making these decisions based on information that we're given um we're relying on it but at the end of the day it's our decision so I didn't know if that was a hard issue for you a hardpressed issue that you want to see addressed um as far as those waivers being actual variances um because if it is I'd like to help you get to um making the get I'd like to get you to that point and I don't know what that looks like uh from the attorney if those waivers had to be change to variances what does that process look like is that something that happens tonight or is that something that has a separate [Music] process they are part of this application and so if you it would be um I I don't think that uh or it's my advice that you don't um um approve the site plan without all that's needed whether you call it as staff is calling it a waiver of those two items or we go from 13 variances to 15 but we're being told I think pretty much by everybody that the way it is is is legally good well with the with with all due respect to that Mr Mayor I I I guess what I'm saying is it it's in black and white right so you would you would have to continue the item and request the applicant go back amend their their application to include the two additional variances staff would then Eva evaluate those two additional variances against the criteria in the code and make a recommendation to you all as to whether or not it it it you know they they they meets the criteria or not and they're professional opin opinion and provide that information to you um at a continued hearing all right well thank you for answering that question because I it's in black and white what she's saying sorry no the I think what what was explained before this is a an issue of what's generally stated in the code that applies to site plans and what's specific for a site plan and going through the mixed use project that generality is there is there Mr amster what uh because I mean it's your responsibility and job to know all the details and nuances as it is Mr in right and our City attorney um and it's our responsibility to review that and ask questions that are that are pertinent to to to coming up with a conclusion so can we get a copy of what she's what she has and is there are there any um are there any caveats that are written that say that it's okay to have the waiver instead of the variant I just want to that let me let me say one thing let's just say that um theoretically if it got approved the way that it is and then it was found to be legally defective at a later dat because I'm sure you're going to be checking into this right away just to be sure would there be a problem for them to come back to get it corrected in the event that we determined there was a legal defect I so we're all clear my advice to you is is that if you are to the to to the mayor's question and to uh commissioner font's question if you all believe that the two administrative variances should be variant uh uh waivers I'm sorry the administrative waivers should be variances then that's your direction and we continue the hearing they amend their application and we convert them to to variances I don't believe that that's required under the code okay uh so show it to us I mean we we're here for a reason we have well that's I don't know if you had stepped out I mean I honestly because I know that you were gone but at a point I explained to the commission that in general the rules of statutory construction which govern ordinances state that the more specific apply over the more General the um the most you know recently enacted regulations to specific to a particular piece of property or area control over the the general regulations that's why you go through the process of amending the code because admittedly from time to time you may have a u a section of your code that you adopt or you amend and you don't realize that it potentially conflicts with another section in your in your in your ordinance uh or in your code and so you will see in a lot of the ordinances that we put before you as well as the resolutions there's again a clause that says if there's any inconsist provision the you know more specific applies over the the the less specific or the more this ordinance prevails over previous ones that are in conflict with it in order to account and address that issue but the general rule of statutory construction again is the more specific controls over the general and the most recently adopted regulation controls over the older adopted so Mr attorney if if if because I want to be able to to do what my job is here right right corre and my job is really you know cuz there's a lot I can say about this project right um but a lot of what I can say about this project really has nothing to do with my job here as an elected official and I want to be able to you know um proceed with what my responsibilities are uh to this developer and to everyone who's worked so hard on this project you know I really want to be able to proceed with that but if there is a comment that was made by my fellow commissioner which Rises to the level of something that I want to make sure is fully address can we see your response in black and white right now you can go print it out give us each of us a copy and we can have it and we can go ahead and move forward with it's gonna say what if I go and I type up um no no no what I'm saying is can you show us the cuz you were referencing um uh you the miuse district no not the mix use District he was referencing General versus specific and there was a particular the rules of construction the rules of construction that you were mentioning if you can you know yeah I I you're asking for a legal opinion and and citing to the um the case law that says that the the more specific applies over the more General I can do that but it's going to require a continuance or or you know break in this meeting to allow me to do that and it's not going to be any different than here what was the answer if it was deemed defective at a later date and it needed to be corrected what what is no it it's it it puts the entire um um uh project in in legal Jeopardy if you know if if there's any question uh about the the the process then you you know should correct it with that said what I am saying to you as your attorney based upon my knowledge of the law my years of experience dealing with these types of projects these types of hearings is that the rules of statutory construction very specifically state that the G the specific Rule and the most recent rule Prevail over the general and the older and and and the reason another reason I'm asking we've seen projects get approved here that have been um you know the breaks have been put on in court because of certain challenges by different groups right yes and that further delays the development of a project right and me when I approve something I like to see it um happen as soon as possible but we've seen that in our own City where these projects have gotten slowed down in court by different groups Etc and we we don't want to be the ones to provide that opening if we approve something all well one here's one more Point uh Mr amster um question after hearing what you're hearing today and kn that in the event that there was some sort of legal defect just from hearing what you're hearing today that you would be the one having to deal with at a later date are you still comfortable moving forward as it's written knowing that you know if the defect blows up your deal later on that you don't come back to the city and say hey guys you know you guys are responsible for this because it's out here now that you know what the question is listen that's not what I'm saying that's not what I'm saying I know but but but I I want to hear it I I I hear you but okay so you're asking for your own I'm asking for myself okay and if anyone else benefits from it fine but does it change does it change your position I do not see any defect because of what we have explained here that the specificity the general is overridden by the specificity in the mixed use District that has been thoroughly vetted by your competent Le uh staff and also vouched for as far as the statutory construction that his case law is well known and used quite effectively throughout the legal Community uh and so I I do not see any defect I feel that we are all appropriate everything every request that we've had in this application for over a year and a half is all been properly uh vetted reviewed noticed these are this is the waiver for the prvious open open space this is a waiver for the parking liner and I feel very comfortable that we are appropriately before you today to have a vote uh and there actually I do not see that there will be consequences res you know arising from these uh waivers okay okay so wait wait wait Mr pH you right now I I mean I'll I'll um I'll um I just wanted you to finish your thought so that I could so I can okay well I'm not the I'm not the mayor so I don't I want to just like finish the round one we'll give everybody a quick round two and then we're GNA keep moving yeah so that's my only concern the waivers you explained the waivers I mean sorry the um the variances and the requests and as far as how the project is structured so I appreciate that explanation um you know I I just want to make sure that what commissioner smuckler said is addressed because I think it's a valid point and I'm not sure if she had that conversation with the um City attorney prior to making the statement on the dis um you know but if if this is such a widely used which I believe it's widely used all it takes is a few minutes to not only copy what she has that she's reading from and disseminated to the commission but also to just download it and give us a copy of it as we're as we're voted I sure would like a copy of it I I think I said before you you know um [Music] the waiver provision um that we're talking about is not the administrative waiver provision that the that commissioner smuckler um mentioned there's there's a there's a very specific section in our codee um that talks about administrative waivers where they and and so what we're so the difference is is that it's not an administrative administrative waiver what the um uh what Mr in previously explained is that within the mixed use zoning uh District regulations there's a provision to allow modifications to the regul to to the requirements if C excuse me if certain conditions are met um I admittedly I don't have the the staff report um and as the as some of the backup to my uh in my agenda I have the site plan um but you know it would be appropriate to ask your professional staff to explain to you the distinction or the difference whether or not that is sufficient to explain and allow you to move forward um I can also um print out a copy of the administrative variance provision if Mr ing knows off the top of his head uh the SEC of the city code and the mixed use zoning District regulations that um uh talks about or identifies what the um circumstances that a waiver can be permitted I can print those out can go upstairs and and and take five minutes to find that information um and and provide it to you all well I mean if we if you needed time if that was going to be the something that was that was key and you thought you can come up with that and you needed you know a short recess so that you know we can move on to another item and come back I guess good good point to go printed he he can't be here oh well do you have to be presiding at the meeting I guess since you're reading all the other items on this wait wait wait wait all right all right hang on hang on hang on guys all right hang on hang on you're you're you're done with good okay you're good all right so let I want to jump he commissioner turn has been asking for his round two hit for a while let me give him his round to hit then I'll come back to you city clerk I'd like to declare that Karen har was one of my um Jennings also okay in in regards to that U Mr attorney um I want to make sure when we do the air rights that we make sure that it's specific to the space that they're asking for and not the space above it and they can never build above it correct we would we would retain ownership and control over the um um area above that which we are conveying to them in other words we will only be selling to them the air rights that they need for this specific project as is being proposed to you here this evening right and that's how how I would suggest that we continue with all our rights that we start negotiating thank you okay I have a second I she was asking first so that was part of my question thank you Mr Mayor about the air rights and to commissioner smuckler point about the transfer of Rights so are we transferring them how does that work like what's the clarity there so I I think that that's that's for another conversation yeah yeah yeah yeah that's another conversation it's like a whole long conversation I think and that's probably the questions that we're going to be asking when we have that whole yeah right thing but but I mean concerned now you're certainly would you want to ask the attorney something on that our attorney yeah walk in the microphone very official Mr Mayor he G us a couple of options um um is there he said that the with all the additional questions that we brought up um is there you know inclination to possibly have I would not do a workshop I'll do a special meeting on this issue just on this issue right so all the stuff and that it could be on the record and not do a workshop we amable to doing that I wouldn't say next week Thursday but next week Wednesday or Tuesday on which which issue just on this particular on on on having all our questions answered having the legal opinions provided for this issue either on next week Tuesday or Wednesday they have enough time we won be what do oh yeah wait oh yes we're not what about what about Wednesday that's gonna be the some people are traveling back from tah yeah mayor second meeting yeah yeah I mean so so the I had another second question okay hang just throw in my question real quick the second question was about the ownership the caveat about the ownership piece I don't think that was clarified for us no they they they to I asked that as I pointed out before I brought up that question in regards to what was the what was pretty much who's who's part of the the deal right who are the players I did bring that up um the City attorney came back saying that they were not forthcoming com and putting that out um you know that that created some additional pause because this is a like I said we're giving them a benefit and we don't know who will really benefit from it commissioner um no no um to to commissioner Johan I think the question you were trying to get the attorney's attention was in regards to the air rights and the negotiation you wanted to know what were the options were we um negotiating to then turn over the the air rights and perpetuity what there's a there's a the way that I see it and there's still quite a bit of work that the city would have to do in this um but there there are a few different options that the city can pursue and negotiate before we bring back what what we feel would be the the best deal that we can get in in this um negotiation one is to sell the L the air rights um above the the roadway for what they need in their garage right um another could possibly be which has been mentioned um although much different um but in in other areas it's well why not do a 100-year lease for example um there are different components and different ways to approach it and so it's kind of identifying what first we'd have to go through and and finalize the evaluation of what that would look like and then we would be able to kind of start negotiating of what would be the the best deal for the city um and and what would be AAL amable to to the um to the applicant as well so that we can make this a win-win situation for the city and that's going to come to a cost cost for us as well for us to get that information or to is there so we haven't saying that this project is approved tonight we haven't decided how much it would cost for us to discover these options and potential um framework of negotiation as it relates to price we don't know how much that's going to cost us but that's going to we're going to have to absorb that or it going to be subject to negotiation using uh methodology which then will be subject to the review the commission uh the commission you'll have the opportunity to question it and uh negotiate uh with the applicant thata will gather the information and make our recommendation to you but ultimately it'll be your uh it'll be your uh decision but the question was will we have will the city have to pay to get the information meaning do we have to pay another professional to figure out or do you guys are you guys ready to be able to no that's not something we can do in house we would have to hire a consultant right um and typically in those um the city typically has a uh an escrow um during these applications that we draw down from um so it it's it's usually the the applicant that has that um um money to to do those type of things that we then charge off of and Mr attorney the I guess the next question is for you about the ownership piece so let's say a developer comes before us to develop on a land that they don't fully own what what Provisions do the city has or is that something that doesn't necessarily matter no that the the city code provides that the an applicant with the uh author ation of the underlying uh property owner can submit an application for um these these types of development approvals so in this case what's what would be the verdict so they're pending there would be a letter or the the the applicant if Mr amster client is joined in by the property owner they provided a letter of authorization saying that Mr am and his client are authorized to apply for these approvals on their behalf as well or vice versa mayor this is where at staff I have to put on a record for your benefit as your staff are officially on record um on the actual application as signed the property owner signatur are provided on page five of the uh official application that is car Lorenzo and her capacity at manager of Lorenzo talian Center LC at manager 2255 land associate LLC as well and that satisfy the CLA that you have your uh that that we have the application process uh for the record I also have to note that in terms of requiring uh the bondage uh signature of an applicant the reference section 24174 is actually for resoning only that's a section that's relevant to it because it's a St plan application it not applied legally in this case this is this one that you gave me is thank you well so meaning that explain that last part one more time to me that you just mentioned the reference section 24174 is in regard to roning only as per the code and it's not subject it's not something that this proess right here can be subjected to in term to requiring the owner further you know uh the applicant uh the owner of the property has signed and that is sufficient for staff review purposes thank you okay so who needed another you need a round I I needed I needed a round that's your round four but we'll let it go no it's my second round and you interrupted me in my first um I have a Mr amster I have a wait oh I'm sorry sorry so I too had seen about the administr trative waiver and um when my colleague brought it up I thought you answered if I'm mistaken let me know that it's not considered administrative waiver because in the other part of the code you have the right to do it without it being an administrative waiver it's that they am I correct because here's my problem I'm having here when you want to have another meeting and let's get everything straightened out what what's going to be the difference I don't understand we have a professional thank you we have a professional that we've hired I mean Mr manager Mr Ang and his company is that something you have faith in obviously you hired him and he's giving the professional advice that it's not administrative waiver and the attorney is saying that even if you wanted to interpret it that way if it falls in a category that is the category is beyond what the administrative waiver is then it doesn't apply so I don't understand what delaying it a week having another meeting will do are we gonna hire a different planner between now and then who will give us a different answer no no and and and again I mean I I feel that um as mayor and Commissioners we we are not lawyers we I mean some of us are but we're not here as lawyers today years and and and we're not and we're not we're not planning in zoning professionals right right okay we we we might think we are but you know so the thing is is that we are here to rely on the staff that we basically choose to keep in place through our manager right so so we we have to rely on the experts to some degree now I understand if there's a a red flag or a Smoking Gun mistakes can happen we have to ask the questions but at the end of the day we really have to rely upon their advice otherwise we shouldn't have them here okay so add his what he just said to my time because that's exactly what I said and that's what makes me very I I'm I'm really in a quandry here because I don't know what the benefit of a week will do he gave us the answer as somebody that works for us and if you don't feel that that answer's correct then you have to talk to the manager about having competent people in the department right so so that's why my feeling is not only the your the the gentleman but his whole company has been with us for years right and I I just don't feel I don't feel what a week is going to make a difference of if commissioner can explain it to me oh no I was well there was a couple of questions one that was brought up was actually evaluating the the cost associated with with with the air rights in that sense giving enough time to get that information because it's still a conversation we're going to have nonetheless um for me um I I would want a more in-depth study in bright line and triell being a part of the traffic study some type of detail some type of specificity they could do that in a week that's just me that that's those are my conditions I understand how you feel about it no but I'm I you know what I I didn't bring this up because I've said it at nauseum but the truth is about traffic study if you're going to be bump to bumper for four hours in front of that building it doesn't matter because aventur is using North Miami Beach to get there and that's why we have all that traffic uh Sunny is is using North Miami Beach to get there and that's why we have all the traffic uh North Miami is using North Miami Beach to get there and that's why we have all the traffic so I can only say to you and and Miami Gardens the same so we're having all this traffic whether that's a built or not built and we're not benefiting that's just going through us um we're not benefiting I I can I understand there are points nothing can be a th% perfect I had a very big problem I will share with you and I went over this with Mr amster I had a very big problem how can the air rights not come before him first I went over that because they can't build it unless they have that air right they need that now they need to come to us to negotiate so all these points that you're making up they're going to have to knock on our door and they're going to H I mean I've been in negotiations for 43 years they're in a very weak position so why they didn't do that first I have no idea that's way he did it and well I wasn't going to bring out everything we discussed because I could you want to stay for two or three weeks I could tell you everybody I talked to and what I said but not necessary not necessary what I feel strongly is we have a professional we asked the professional he gave us his opinion and I'd like to know how the benefit would be to put this whole project for a week I don't think putting it off makes sense I'm not in favor of that I think that between you know we have two professionals that are advising us and we have and that's the reason why I asked the the applicant attorney what I asked them because I want to make sure because listen if I was the applicant attorney and I wasn't comfortable with what was going on I'd be running for the hills and say guys you need to straighten this out because at the end of the day I'm going to own that problem so that's why you so now I I kind of have a level of comfort just knowing that I'm hearing from One Professional hearing from another professional and I don't have the applicant running for the hills to me that's kind of enough to give me a pretty good feeling that you know it's pretty pretty safe and that's just my opinion though it doesn't mean anything to anybody else necessarily but um that's where I stand on that so did anybody else need a second round did you have something else to say Yes um hi can you you tell me how many parking spaces on the bridge on each level okay when you say Bridge are you talking about just the entire parking level the air rights area right yes the air rights area how many how many spots are in that air rights section hold on I don't have that number readily available a lot no you're talking about just the 9,800 four levels of five well you know we we we think of new things when okay so it's not an exact science here say I'm doing this off the cuff and also not full parking Spa like because of the parking Arrangement right that going to be connected with a whole level of parking some portions of these parking spaces are not they're outside of the air RS area so I get roughly 25 it duct a little bit higher Matt like 30 if you were to account for the uh the the the fact that if the air wasn't there you had to have a red di with the par per level per level per level oh yeah no no no per level it's still higher still slightly higher because of how the configuration are because of uh because of how the L have to be constructed yeah it's slightly higher than that it's about it's about 30 to 36 you work so much how do you I don't know how you get up to 36 I respectfully think that I know that there's ramping but yeah it it had to do with how everything else would had to be reconfigured as well so what do we think huh yeah yeah maybe it's but I honestly and also please the the full parking space is not even in in that air rights area so I think 25 is the appropriate number mat I counted 45 P for floor and that you would need to rign I'm taking a reduction off of that to about 30 to 36 at the result but officially on the on the sheet what what you say between 15 tell you if you look at drawing a a as an apple-1 three it's just I can't since it's on paper I can't expand it and see so um if you can just tell me because I can't see it that's what I'm counting the 25 on is from A113 that's exactly the floor plate I'm looking at perfect that's the one I want to know P portions of uh again on the north side of it and the south side of it have spaces that are outside of our they approximately 150 to 200 right in that area is that for you all right so it's it's like 150 probably 30 on each floor five floors it's uh yeah 6 time 25 is 150 all right okay good yes and and I and I just want to say about the traffic study and and I'm I'm not putting the engineer down when I say that it's flawed I'm not saying that you're flawed I'm just saying that I think that when um we don't take into account the Tri Rail and the bright line um into a traffic study and and I think the last seven traffic studies that have been done in our city have not been taken into account the the bright line and the Tri Rail and especially now that the Tri Rail is adding all these stops to compete against the bright line um I think that um that that's a problem when when when it's not being included what was the purpose of the number I heard 25 but what was the purpose what was it negative positive the number it was it was it was 150 find out why she was asking about because I couldn't see it on the she curious I want to know if she I think she's thinking of renting an apartment there and she wants to know all these details that's what I think but I could be wrong um okay all right did everybody get their their second round here just waiting on one more one more thing from the attorney and I'll okay she did I did twice do you need Mr to make a copy of where he has the right to do this and it's not called administrative that's what all this is since since we have free time so on on the amenity floor um where um so how does the runoff go for like the prvious area like is there is there Ducks where duck where the water goes down how does that work let me get the architect to answer your question thank you you have an extensive green roof it it comes down two ways there's very simple floor drains okay sorry go very simple sorry and common floor drains in all of the uh Hardscape and in the softscape and where the Planters are there are specially designed drains uh that filter out all the dirt and everything so that the water can come down and it goes into the storm system and this is common in every building um you know that has uh upper level amenities okay all right thank you normal normal stuff okay okay did you have a question for Mr ining no I was asking Mr ning is he going to make copies that show us that because they have copies about the administrative that I got today about the administrative waver do you have copies where it's not administrative W waiver in code you can show them um other than what would passed out or I I think in the staff report is the biggest example you can the bigger do you have the bigger writing one parking the parking it just about parking garages I I think actually that actually points to one of the biggest examples within this uh within the stff report that you you see because why is there one variant for a parking liner and and a a waiver request for the other portion because the code is written so is split that that had to judge based on these number one and number two that you see all architectural elements and no vehicles parked on those three portions and in the fourth portion we can't make a decision on because it's not granted explicitly other the code and therefore it's the variance I would also ask the City attorney because I thought I saw a note of it in the last memo that he sent out if there is a consequence to requiring a variance when none is required because in other cases my understanding is that the court can knock this back and remand these items back to you if you required a variant that is not required at my understanding but I will defer on the uh City attorney in that regard oh that's interesting right does it actually give us liability he cannot right look I I mean hold on so so let me put what Mr in said in context so I've handed out and I and I commissioner florand has has asked for an explanation statutory rules of construction I'm looking for an easy explanation for that it's not that easy unfortunately but the the the two-page document that you have um that I handed out is section 24-17 6.1 administrative waiver process which is the section of the city code um that commissioner smuckler was referring to um and there is a um um U the following U subsection B the following are exceptions where administrative W waivers shall not be authorized C1 new development that is subject to site plan approval process provided in section 24- 172 um and so this is the general provision this is the in as well as an older provision in our code the specific or newer lay language um is actually in the other two pages that I handed out um the first one um and I apologize the way it was printed but so the section the the language that is on the sheet that starts with parking garages that is section 24-58 k2b of the city code which is the mixed use District regulations these are specific to mixed use District regulations it is the parking regulations uh and parking garages as you can see it explains um that um Standalone shall comply with the following standards it goes on um uh the sentence that's about halfway U down after uh habitable space period the requirement for a liner building along the side and rear Frontage may be waved by the director of the Community Development department or his her design KNE if the applicant demonstrates compliance with the standards below and there are two standards and so that is specific to parking garages in the mixed use district and what Mr in has previously stated on the record is that he and his staff made a determination that the standards below one and two were met and therefore this project is U um uh eligible for a waiver by by him uh pursuant to the section of the code the section the other section where there's been an administrative waiver is section 24-58 s3c which is the section of the code that talks about perious um requirements and what the prvious requirements are for that I need you to actually start with the the subsection C lot standards you'll read lot standards including but not limited to dimensions and impervious service area uh surface area I'm sorry are determined based on the selected building typology table mu2 list the lot standards and there's an entire three or four pages of of that table at the bottom of the table there is a a footnote which is subsection one here the planning director shall have the authority to wave administratively the requirements for minimum lot coverage prvious area lot depth and lot width and again what Mr in has testified and stated on the record is that um in his opinion and that of his staff the um the lot standards and the prvious areas eligible for a waiver um under this section of the code and again the subsection 2458 s3c is specific to the mixed use zoning category uh and therefore applies to mixed use development applications which is what's before you and then we go back to again the the statutory rules of construction which is the more specific apply over the uh General the newer regulations apply over the older Mr Mayor I'd like to call a question please I have a question for the attorney yes ma'am and um on the um on the request for Varian for um L which is a street not open to the sky variants which that's for the air rights um it it it says here that it's a non-use variance to allow a portion of a primary Street specifically Northeast 160 Fourth Street to be covered by Podium of the building where 95% of the primary street is required to be open to the sky as per section 24-58 so um if they were to get this variance it doesn't say here any anywhere does it say that um that this will be negotiated afterwards the the price of it if I understand your your your question your concern we certainly I I I I have no doubt um in my mind and and I think you would agree with this this particular variance is intended to apply and and address the air rights issue if um if you wish we can um modify the condition to add specific language that it is um uh only um um effective I if and when the city commission approves the the the sale of the air rights okay I'm okay with that Mr Amer object to that we have a condition that I believe already states that yeah they already offered it oh it's it's not in my paperwork it's on the original Pap that's right I have the I'm looking at the revised letter of intent one oh and the in the general it's in the general condition yeah sure that was included in order toover the city okay so it's already there all right yes I'm sorry okay all right so I think has been called yeah well well let me just can I give my opinion everybody else I let everybody speak twice maybe I could say something just for a minute okay all right so which would be let me um let me just give you if if you guys are all done now let me just give you my My overall opinion on on the whole situation here so I think that um clearly we've we've beaten this thing up pretty good I think that staff um beat it up before it even came to us staff kind of dealt with the majority of of the beat up with Trad and everything else um the the bottom line is is that the code that we created or our predecessors and former commissions and I know that commissioner turnoff confessed a little bit to being involved in some of those things in the past I was planning in zoning board chair in the past as well um th this this is the way that the code was this is what the intent was um yes there's a lot of density um we need the density we need the people yes yeah uh commissioner florand I have your answer it's actually while while you giv me that answer um I'm sorry not while you're giv me the answer because I'm cutting you off but I apologize in advance um when it comes to the mix use district there are buildings that currently exist within that District so those buildings that currently exist within that District the um Department of Community Development has that administrative W process 2% right tocas or increase requ up 25% limitation Sergeant TR user uh save some limitation that provided in the code yes right right so I guess what I'm asking is in this in this entire conversation is is the Community Development Department only able to even Grant the parking garage variant sorry parking garage waiver or the lot standard waiver only for buildings that are already in existence up to 25% correct because there the the the older buildings are actually considered to be uh because they they predate the the mixed use zoning District regulations all likelihood they're considered to be non-conforming to those regulations if and when they are redeveloped they would have to conform to the new regulations in their entirety there's another provision in the city code that says that the city doesn't allow for the expansion of a non-conformity so they wouldn't they would not arguably not be eligible for those um administrative Varian because they otherwise don't comply with the mixed use zoning District regulations in their entirety you can't cherry pick so okay so I don't know if you if you you're understanding my question or my statement so in essence I guess what I'm saying is if the building's already in existence and they needed the variance to make to to make an addition to the existing structure they that's my answer under our regulations we don't allow the expansion of non-conformities okay so you can't you're not you can't do that under our code okay Mr back yes sir commissioner we actually had to come up with another applicant where they want to expand on something that was non-conforming but built before we change the rules there's a specific section in the code and I apologize for not knowing the number off my head uh 11:00 at night um that um uh uh uh um we cannot as attorney stated expand a non-conforming use that's that's a hard wire into the code so then Mr attorney and Mr ning are you saying that buildings that currently exist within the M District right uh when we created the new rules are you saying that how many of those buildings are nonconforming um any of them that predated the um the the uh mius zoning District regulations so basically as those changes were adopted no building right now in the mix that's not that that wasn't built after that is in compliance all of compliance they're considered legally existing they wanted to do anything they have comply they would have to comply with the new regulations yes sir that's the general rule that applies to any and so the new regulation what you're saying is if they wanted to do something that was 25% or less you you still wouldn't approve that it they are they cannot do that under our existing rigs now if you want us to change and say up to 25% then this is I'm reading's correct well that's four projects that are coming before you for approval under the mixed use zoning District regulations okay okay so to your specific question it's actually addressed in the mixed use zoning District regulations it is section 24-58 C2 I can print out and provide you with a copy of it um uh conflict with other Reg ations the provisions of the section mixed use zoning districts shall apply generally to the creation and regulation of all mixed use districts where conflicts exists between these mixed use provisions and general zoning subdivision or other applicable regulations the mixed use regulation shall apply okay well and the reason I was asking is because when you're reading this on face value it almost seems like it's being written so that buildings that were grandfathered in will have the ability to kind of catch up and modernize if they need to with the assistance of the Community Development Department it doesn't sound like this is made for new development it sounds like that that waiver process of 25% are for older buildings you want to say something that need that assistance if it will help uh clarify for Commissioners uh for commission that will generally use when you say you have window then you need to shift it 25% or if you want to put in a door actually one came in for 88 purposes and needed to move the door unfortunately under that you can't move a door either there are limitation to that you can't move the door you can't add a certain amount of square footage you can't change the parking but you can do 25% things like uh facade which is some of the items that you kind of look at when you do adaptive reuse which is what comes in what these building that but that's not really related to what we're talking about tonight but but what but the prvious spaces is it's 25 increase or decrease of the 10% of the pervious space again it's not really uh I'm just saying because if it's if it's an increase or decrease which is what I was trying to say before of the 10% of the prvious space then um the the highest would be 12 and a 12% and the lowest would be a 7 and a half% which makes it 7 and a half% and they're asking for 4.4% which is lower right that would be the 25% but that would be for older existing building in this case talking about our I'm talking about this project for for public record purposes this is a new building and apply to the new rule Mr attorney if I uh I correct me I'm wrong I mean we we can certainly I think you what commissioner smuckler is is questioning is the math right I am questioning the math it's it's wrong because because 25% of 10% the highest is 12 and half% and the lowest is 7 and a half% we're and and that doesn't apply they're asking for 4.4% but that's not that 25% does not apply here for the prvious for the administ it doesn't apply for the administrative waiver not the one not the type of waiver that Mr in is reviewed and says is applicable the 25% is for existing buildings elsewh that those don't apply here okay I think we got the answer like different ways already guys so let's keep it's going I'm I'm not even going to let myself talk in a minute I'm going to just say call the question but anyway I'm going to talk for a minute okay we we promise we're not g to interrupt me for like two minutes okay all right anyway getting back to where I was the the code allows for this this is what the intent was to have there so that's just one thing we can't really debate or change and but with that being said I do believe that it's actually a good thing I think that we need the density we need the people we need the opportunity to provide diversity this building will help us provide diversity you you saw that the the young man that was there before came up and said hey I'm going to go to Aventura if there's not a place here I want to stay in North Beach I grew up I on 73rd Street in 10th AV and I want to stay here but I want to live in a place where I have a you know an apartment I don't want to live in a single family home this is what I want and and a lot of people want that obviously if a lot of people didn't want that aent tourus Sunny's Beach L all this Brickle would not be existing so by providing this in our city we're basically creating that diversity so the people that want the single family homes they have that the people that want this have it when we have it we're going to have more people we're going to have more money coming into our tax base and and then um actually even a really good point that that Mr sackowitz brought up before in public comment was that another like bonus from this that we don't even realize and I've heard this from other landlords that I know if you are a landlord with a building in the area and you've been able to kind of take advantage a little bit to to the current economic things that have happened meaning you're charging really really high rents when a building like this comes around there's going to be a certain degree of people that are going to be like hey we're going to the new the nice the pretty and we're out as long as they can afford to do it that opens up space in these other buildings and then those landlords have to get more reasonable with their rents because they don't provide that better type of building what does that do it makes them lower their rents what does that create affordable housing so there is a secondary benefit that comes out of this too that helps that as well but anyway the thing is is that there's there's nothing that is trickle down economics that that's that's not really happening out here well you haven't given it a chance people all right well okay well listen I I I'm telling you what I believe and I'm just using the example and I'm just telling you what I heard so you know you don't necessarily have to believe me or listen to I'm just you know I'm just trying to I'm just telling you my opinion from being around these kind of things a long time I'm telling you what what's happens is that these type of projects kind of take us out of our comfort zone okay we we get taken out of our comfort zone I went through the same thing when we had Marina Palms okay we we were building our first high-rise project in North Miami Beach people were scared that's people weren't sure what was going on it got dragged out there was all kinds of issues and I said you know we have to give it a chance and at the end of the day exactly what I said back then was that there was almost the biggest concern was traffic okay there's almost no traffic impact from Marina Palms when you I go up and down bisc Boulevard all the time and very RAR do I even get caught at the red light there so okay again again I'm just saying the the impact from from the if if you heard the people that were publicly commenting the people that were listen I don't like the fact that they cut off the the the green light when you make a left going to 17 second and believe me when that happened I complained but then it was a DOT thing but um I get that anyway way the thing is is that um you know these projects they they don't they're not necessarily as bad as some people want to think you should have heard the way that people were concerned about all these bad things that were going to happen from Marina Pals and the other thing is is that these developers they didn't get super rich from being dumb that's the bottom line and and they're not going to build a project that they're going to that they can't rent I mean it's not even matter where they're trying to sell it I mean they they are building this to rent they're in for the longer Hall if they end up with a building that's not rentable and then they start having to lower the rents and lower the rents and lower the rents it's going to put them into a bad situation and um I haven't seen too many developers lately do things like that so I my my guess is is that they also know that it's going to be okay in that respect um anyway my opinion is is is that I I feel that we need that we need to get this part of the city cleaned up we need to have some new life and I think that this is something that really could spark what we need in the city bring more dollars into the City and that's where I stand with it anybody want to call the question I do okay so before you call the question and then you mentioned something the work during the workshop about uh the demolition timeline four months after we approve yes four months and are we looking to potentially use the space for something else well I know I know that I had um mentioned you know along the lines where when after they demolish the space that they might be open since they're going to have a couple year period before they can get a shovel in the ground maybe letting us somehow work out some sort of lease deel or something where we can you know I even mention something like a a Nomi Village type of thing like a food truck venue or something where we can have some public use of that space until they need to start constructing because there will be a time period so yeah I think they said within four months you're going to demolish the existing structures correct we're going to put in the building permits within four months after our approvals right so then and we are open to looking to see what can be done I you know the type of temporary uses we just got to work it out with staff and I'm sure we can try to accommodate something it will make a good use of the property while before construction begins right okay and and before we before we call the question um you know I I I appreciate your statements and everyone's statements I just think that you know when we're approving these things we need to approve them based on you know what's on what's what's on the documentation you know I mean we hear the comments we we we understand if you build it day will come they will spend money but but the reality is the more expensive their highrise is is the more expensive you know people that live in my building are going to are going to be forced to pay it doesn't get you know it doesn't get any better you know what I mean it's it just gets more expensive for everyone because it's all relative right your might go down it's all relative at the end of the day if the person who couldn't afford to buy a gallon of milk at $2 you know hey maybe at $2 it's relatively inexpensive to the person who's used to buying you know uh almond milk you know but that person still can't afford it at three even if it's relatively inexpensive compared to the ones who are paying for the premium uh uh you know milk or premium whatever it may be so I I I just don't see that but and I but but you know and I think that's kind of where a lot of us have our um like uh commissioner Joseph says these things kind of give us pause because it's like how do we solve those issues up here we're very limited we solve them up here developer has their proposition if they meet the codes and they meet the rules who are we to stop them right but you know um I think the building is so less it's three grand we created The Code by the way no I know I that's what I'm saying it's three grand it's three grand for a studio but it wouldn't be three grand if they could if nobody rented it so if that's what they can get right but but now now now we're talking about global economic issues that are and you know you know what other landlords say when they raise their rents they say well if you can't pay it here then over there and see what they're paying right and you so you have no choice that's going to be changing and it's already changing and you can ask the the real estate people around here and they'll confirm that but anyway okay so follow the question okay commissioner turn who's who I'm a broken record when you say call a question got to call a question all right do we have a second no you don't need a second if he calls a question now you you have to get the vote so she has to call it because it's a oh okay okay we don't need a second on that one I know it's a roll can you restate the the with some of the provisions that were suggested based on what he agreed to well they are provided for in the actual body of the resolution there were two more that were that were agreed to as well and and and everything there's catch all provision if you look at give me a moment Madam clerk we don't need a tonight she's saying tonight the said no okay so call it it's not the way subsection of the resolution says all representations profed by the applicant representative as part of the application review at planning board City commission public he a condition of approval so anything they've agreed to during the course of this hearing we have of become of okay okay don't we need a motion we have a motion we need a roll call a motion there's a motion to approve hold on way that you do this is you make a motion get a second and there's discussion now there needs to be a motion to approve right and second we would vote on it okay so we need a second okay so moved a motion to approve okay so now we need second with our proffers the Prof with the proffers with everything that was put on the record okay we have a second second commissioner Smith on the second roll call commissioner shof yes commissioner floran yes commissioner Jean can you come back to me commissioner Joseph no commissioner Smith yes vice mayor smuckler no commissioner Jean yes vice mayor Piper I think I thought I was mayor mayor Piper please yes you get a vote I get I get demoted at 11 o'clock H I apologize you get a vote no I really apologize yes mayor Piper please excuse me okay so passes 52 yeah okay what is the 4 43 passes 42 42 no wait it can't be 42 what is it 52 52 right till the end right till the end 52 Mr Mayor no I said five she said four 42 and I listen to her and clerk I'd like to ask you and the attorney can she do that wait until she hears the other votes to ask for you to pass her she can do that sure yeah but no because I'm going to start to do it every time how can you do that to the chair if he allows it that's fine okay we have to let's talk about that some other time but right now we're we're good as a general rule you all have have a directed the clerk and have a rule that um I believe you audience please audience you do it on a random basis correct correct it gets rotated on on on vote so okay Mr Mayor all right yes over here may we're running short on time if you please tell me the really important things so we can keep the city moving that you need us to do right um I would just ask um because it it does come down to a timeline of trying to get operations moving um the consideration for the weekly recycling service um we have it as a discussion item but at the request of um um commissioner Joseph a resolution was provided to all of you and it was moved to 11.4 what what was the weekly recycling service oh I didn't get I didn't get a resol no no it was a second piece of paper that came afterwards one of the changes and and also we we um if we can the um G5 business tax receipt 12 1 um to authorize liquor renewal requests from 4:00 a.m. to 6: a.m. okay we also have for the people going on the board we don't have a those should be really fast we could do we could do the let's do the appointments real quick and then we'll come back to this resolution and then we'll go from there Mr May here move to approve the appointments got it okay um hang on he's got to tell us what appoint there's four appointments okay let let's make sure Madam clerk is uh with us on this you there 13.1 13.2 13.3 13.4 do we need to do we need to have the attorney read them all or for the sake of we should read them all but for the sake of time we're just going to have one vote on all okay three or four all right so then we have the vote you're going to handle that so let me just read them all this far okay I um item 13.1 appointing Janet mumian to the Planning and Zoning Board item 13.2 appointing Hilda Diaz to the Redevelopment Advisory Board 13.3 reappointing Jordan desik as an ex official to the Eastern shes first edition security guard special taxing district item 13.4 appointing anab Bon to the senior citizen advisory committee may I please have a motion and second a vote to approve them all I motion okay vice mayor smuckler made the motion who's seconding it I'm second okay commissioner Smith seconding it all in favor I I any opposed thank you okay before commissioner Joseph I'd like to move that we approve 15.3 resolution to go out for insourcing oh yes that's a discussion discussion no no no no no in order to again I don't want this this keeps getting deferred okay 15.2 she read them all we didn't vote one at the time we voted them as package motion to introduce second okay this is for yeah okay so this is going to be the one that we're adding on now the weekly is 15.2 already added so okay Mr Mayor yes I I cannot vote for this because I don't want us to add something on the day is that we don't read 11:30 at night no discussion especially something like this Mr manager even though one of the Commissioners wants to do this if it's past Thursday how can we do this ma' they was walked onto the agenda and the commission approved putting it onto the agenda I didn't it was no the commission the commission yeah the commission uh it wasn't in our packet on Thursday Thursday prior to the meeting we have to have the packet complete we already had three things added question put memo as well as the the cost and everything was in our packet from the from from from the geckos it was in there in in um from Thursday correct me if I'm wrong and and prior meetings as well and prior meetings as well it's been it's been on the agenda for going from going back to I think what December October November no I read it was a discussion I read that but I didn't have a resolution so the res the resolution is only memorializing the discussion item so you can give us Direction in the form of a resolution commissioner that's okay there's no additional information additional stuff let's go let's move it all right okay right so there there a motion to introduce has been made and a second needs to be made so I can read the title of the to of the resolution okay do I have a second second commissioner John okay um this is a resolution entitled a resolution of the mayor and City Commission of the city of North Mii Beach Florida approving and authorizing a change order of the contract with Coastal waste and recycling of Florida Inc and increasing the frequency of recycling pickup to weekly service and increasing the corresponding monthly fee per residential unit by $3.50 per month and authorizing the city manager design need to do all things necessary to effectuate this resolution providing for conflicts providing for scrimer errors providing for severability and providing for an effective date mayor essentially um as part of the discussion that what was going to be discussed was that currently um Colo provides recycling pickup bi-weekly um and there is a lot of confusion within the community as to what week is what um when one person puts it out by mistake then will you have the entire block or neighborhood putting it out um the question was what would it take to move it to a weekly pickup um the additional cost is $3.50 per residential unit um which when we first did the analysis I think it was like 29,000 for the year but it's been several months since then um for for the remainder of the year um so the resolution in front of you is essentially asking to um increase that cost for weekly pickups so that there is a weekly pickup and to um move forward with that as quickly as we can um work that out with the uh contractor to to do is that cost getting passed through or is that being absorbed by us typically it would be passed through to to the residents um I believe there may be capacity within the contract on based on um um cost that um the contract typically gives us on an annual basis um the the vendor gives the the city on an annual basis and because it's less than 30,000 we'll be able to kind of do that so if the commission wishes to to absorb that cost for the remainder of this fiscal year there is a path forward on that um but typically it's just forwarded over to the customer okay all right okay so it's I have a so it's 350 per month that's residential and then the the condos are are considered residential or they're considered so it it's considered per residential unit so every condo unit will be paying 350 okay and what about um do the businesses have recycling no they have to have recycling no they don't have they just have both this would only affect our res we're only concerned about the this res can is it okay if um the representative from Coastal comes here and speaks was and recycling the the 350 is for the rest for the single family homes basically Whoever has card the uh the commercial thank you the commercial entities uh some of them still currently have a contract with waste management for the recycling the recycling is not exclusive so they can uh they can have a contract with somebody else so we're only doing for the single family homes it's a 350 and the condo the condos if they have a 96 gallon cart if they have the then yes they get the recycling but if they don't because they are they have a a front loader uh mechanism they probably don't have recycling or they might have kept what they had with Waste Management because Waste Management has not left the recycling contracts okay all right so this is basically just for the single family homes and some condos those who have the 96 gallon carts that have that schedule that it's every other week when would this be effective it'll take us about 60 days to get a new equipment because we want to get new trucks because we have some trucks floating around but I just to be sure that we have those trucks in order it would be 60 days so it's probably between either why why would you need new trucks we need because we have the service has changed so we need those trucks to pick up all the homes right now we're only doing half the the we have approximately 8,000 so we're only doing 4,000 one week and 4,000 the other week so we need more trucks and how um how this price of 350 H how long is it effective too like does does it go up at some point or it might go up Accord with the CPI I just that's the only answer that I have so when does yeah per contract I don't there's a maximum that you we can't go I think it's either three or 5% that we can't go more than that okay and that would be like October 1st yes so and we in 60 days we're we're looking at end of March probably April 1 will be a good startup date I mean it could be sooner but I can't guarantee [Music] that okay so first place I asked the manager because uh it was in our packet for discussion and of course I reviewed it and I asked the manager what's the benefit because years ago we used to get money for the recycling not anymore so okay so there is no Financial Plus to us no this is a this is supposed to be for a Feelgood for Resident just to know what day they put out the garbage we would be better I mean the the recycle we be been better off to spend the money and print a calendar because I walk my dog at 4:00 in the morning and I will tell you this morning the recycle that was there whatever day it was had Palm frons in it um they're not putting the recycle that's supposed to be in there now suspend each and eventually it's going to have to go to whoever is a homeowner to ask the homeowner to pay an additional you know it doesn't seem like a lot of money but it's another $42 a year just this what generated this whole thing in the first place our residents our res our residents have been complaining about it can I can I speak to that I live in Sun West right and it is and and it affects uh Skylake as well oh it creates bedum for us since this has happened it's been bedum and it the confusion and and what have you it's a confusion and also when it comes to the fact and they have been um we we've had a bigger increase of cardboard because we we we've become more involved with Amazon and everything else and since the pandemic so people have gotten used to it they were used for for quite some time and then when it went away it just got even worse so we're overfilling the can so it's it's it's worth the extra 350 okay I will agree with the commissioner though we do need to expand on the education process cuz I you know either the bags are in there or Palm FRS are in there or toys or hoses there's there's a lot of Education that needs to have with the recycling so that you can have nice clean and good recycling so who's going to pay for the education because one of the biggest things that's a shocker is when you go to Publix and you buy the bags that are recycle bags guess what they're not recycle bags so I I mean I everybody white recycle bag commissioner that is part of um the um in the contract the the vendor provides the city funds to be able to create those and and we're currently in the process of development of those opportunity to educate okay let's try to move us along I guess I think it's a notb brainer anything else real quick something I want I just wanted to say that the the city really needs to be cleaner and I think that this might may help us I know people are not doing it properly but it's out of control when you're driving around the city I've sent so many emails about just the city is full of litter and people are dumping it on the floor so I know it's not properly done as it relates to recycling but I support this because we just need to try to find a mitigation to be able to control the level of trash that we're seeing on in front of these homes I just want to ask one more question being is every time I talk somebody took it but I would like to know what if it doesn't work what do you mean what if it doesn't what if we find that instead of people putting it out every week we're finding they're putting it out and the and they're it's not the right trash the education isn't working what's the reverse if we want to reverse this in October when it comes to financial what what what's the penalty or do we just get the opportunity to say no we only want it once a week or we don't want anymore if we need to if we're going to renegotiate at that point then I guess that could be no but I want to know what's Our obligation if we if we this if we start change it you could always discontin you adopt a resolution saying we're going back to biweekly and no penalty from Coastal no I her answer I I I don't have the answer for that one I mean I'm sure we can use a truck somewhere else but I don't have the answers for remember that that that if they're asking us for 350 makes a good point because they're going to have extra trucks okay the if we're charging the residents 350 or passes on to the residents then they're getting a service if we take it away they get the 350 back they don't pay the 350 anymore and it goes to BU weekly again they're the ones who gave us a contract for bi-weekly right the same part contct we're doing a change order to increase the service we could do a change order to decrease the service just remember that each truck costs approximately $400,000 but you can't use it somewhere you can't you're buying it for us yeah we will be purchasing new truck that we we have I just don't know where you right now we have a couple of other contracts are popping up and I don't know what trucks we have available but the intention according to John C grander was to purchase two new trucks but we don't have an office how many trucks you guys own like thousands no no we don't we're not up to thousands we're about to 700 but we do have I mean between Florida South Carolina in Georgia okay so I have a question for the manager we yeah we need we need to like make a motion so I have a question for the manager make the motion when you're done okay um so you said that there's money in the contract to absorb absorb it fine for how long done with it I don't for the remainder of this year so they wouldn't see but but we we're not making that promise right now he needs to evaluate for sure what he's got right or or you want there's there's capacity on the amount that the vendor has already paid to the city that we could use that money to offset the cost to the resident for this year we didn't use it for this though there's there's a few different categories that the money can be used for uh one is Outreach um the other is education although that's already allocated um and there was another category as well utilities maybe we should maybe we should use it to clean up the city I happen to agree with my commissioner that the city's filthy yeah and and we've activated we don't have to decide tonight what we're going to do no we have to decide that we're going to we're spending the 350 well but I want to know that we're going to spend it wisely I mean either we're going to spend it or it's coming yeah or or is the public going to pay you have to decide that now is that is that the question I didn't see say we would ask okay if if if if you can uh absorb the I'll make a motion if we if you can absorb the the cost can we do that for our residents yes and I'll make that motion until September 30th until September have a second second okay okay can we call the vote yeah where's where did the clerk go what there's clerk don't worry I with thy uhuh oh you're the CL okay I know the CL but I will try to help her um so it's a it's a voice boat so yeah voice V all in favor say I in favor say I I any opposed any oppos okay pass seven Mr Mayor can I can I ask a question 15.3 second solid waste and recycling collection and Disposal insort I to ask manager wants direction to look into it I thought we looked into it months ago before we do that hang on just one second the Mayor run the meeting is there anything that is Critical Agenda that we need to do so we can keep the city running and and until next month so critical and keep the city running could be two different things so okay the uh business tax receipt um is is a request from uh the business G5 it's item 12.1 um and is requesting a renewal of its liquor license for the 4:00 a.m. to 6:00 a.m. period period and the location is 337 Northwest 170th Street and it's called G5 Okay g my had to to take but there any questions can answer much you'll have to come up to the microphone sir okay all right so the um so first of all the um we need to do public comment at some point here but I don't know if we can let him talk about it first then we can do public comment the's not here so I want to make sure we got the and I think we need Ed here as well huh he may have stepped outside Ed yeah are they in the um is the uh is the clerk or can here I think they went to go look for him can I ask a question about something else in the meantime yeah who you asking the manager the manager but I I want the coastal to to listen I thought so so when we when we go back to assuming that in September in October we stay with the weekly there's people that especially you know single a a person that's single that doesn't really need the weekly but now is going to be having to pay for it I mean can we pick and choose somehow no that's a nightmare you either get it or you don't no I can't do that I mean honestly myself I don't even need it weekly because I know how to recycle so okay um all right Madam clerk no we would we are looking at um business tax receipts 12.1 okay and um do we need to first of all are we going to need to read anything in do we need the attorney to read anything do we need to open for public comment do we introduce the item first with we need in what order to introduce okay item 12.1 okay thank you you need a second you need a second on that second okay we got the second you good yes okay all right perfect you want to do public comment first or you want to have it introduced first so the um the title was read into the record right huh the title No does the attorney want to read that in the record you want to read it in the record it doesn't matter the item is G5 4 a. to 6 p.m. liquor renewal request okay got it anyone would like to speak on this item okay I guess let the record reflect no one came forward right okay public comet is closed okay all right and then um I guess we don't really need the well Mr ring you want to introduce that um very quickly sir yeah um G5 is located at 337 North West 170 uh Street uh per city code of ordinances there if any one come for 4 to 6: a.m. application it needs to come before the commission they pay their annual renewal fee and we had to send that to the police department to review call off for the property uh staff needs to know for the record for you that there are 22 police require call for service during the time frame October 1st to 2022 to November 14 2023 did that the pledge determination the commission D of hour liight subject to a PTR payment of $3,150 at the class mment is provided for under Section 12- 2.2 of the city code ordinance is located in the B4 District okay great okay and then um Commissioners okay commissioner Smith okay so are they caught up on all the of their permit fees and everything that they owe uh ma'am they are pending that item in order to complete their uh permit fee process okay but there was no pass du uh there there are no pass du at this point my understanding uh and in any case uh if you do agree to that then they pay that we will also double check at that time to make sure no but at one time they were they were P du so that's why I'm asking uh yes ma'am uh they were but they're my understanding is that they're caught up and there's a check and balance in place anyway that'll be held up if they not that's not the point we want this kind of business we want to have make sure that they don't fall behind and they aren't in a position of negative O to the city uh the City chief please could you acting Chief could you come up the calls to service please the calls to service for this this entity please tell me the business the calls to service basically the two I have it I want the chief to put it on the record please before we vote thank you it's been a total of about 32 calls for service but none of them that would prevent this business to be able to uh uh get their license uh their times reduced So it's b basically the majority of them were just uh disturbances um uh just a couple of fights but it was just nothing that is uh unusual for a place that is busy and we have our duty police there yes ma'am from what time to what time we have it from Midnight to uh Closing Time thank you okay any any other any other Commissioners have anything to say no all right then um we need a motion in a second to approve huh we got the motion second okay we had them okay Madam clerk you with us uh yes I am I know A lot's happening mayor Piper yes I feel so bad about that I'm sorry okay I'm with you and we can do this by uh Voice vote Yes so all in favor say I any opposed passes unanimously thank you okay congrats next year I'd like to see less police calls please for next year less police calls for next year see it too and it was 22 not 32 okay right it was 22 okay okay next it'll be even lower 11 Mr Mayor I'd like to introduce 15.3 uh um this is a remember four months ago or whenever I got elected almost 11 months ago wait wait wait wait there was just one Outsourcing wait wait wait I'm not was there anything else are we okay to move on to that is is anything else urgent that you need or we're good can we do the p with all due respect Mr Mayor uh can we do the pnz appointment because that's critical every appointment's done it's already done oh yeah we did do that that's true okay Mr manager is there anything you need nothing else you need we're good well there's two ordinances first reading do we need that no okay we need it all right commissioner turn off go ahead no okay 15.3 is giving the city manager direction to go out and do the study of what it would take to insource our garbage and trash again and then we wouldn't have the problem of hiring more and paying more for the residents and coming you know we can do it however we want I thought we did that in September or no I thought we did too he said we never gave him Direction so I want to give him Direction no the and and just to clarify the study that we found um previously had various numbers um that um to yeah you brought something back didn't you yeah yes ma'am we we've had the agenda since I think July it's on there um even if we accept um the the numbers that were previously done um initially it's looking at a potential 15 million do to insource Solid Waste and Recycling and so what we're asking for is to be able to conduct a a financial study um the study can cost between $150 to $200,000 this is not a budgeted um line item and it would have a scope of work for a detail insource study as outlined in great detail of Financial and service level impact to the residents and businesses of the city where um it would produce a maintenance and life cycle cost of equipment recruitment retaining uh retain and training of employees liability coverage and claims employees salaries and benefits fuel costs phasing in Source plan space planning and layout disposal fees Supply materials and uniform costs optimized route plans for efficient routing technology and building infrastructure public awareness and education so it's really putting all of these and doing that Financial forecasting over x amount of years of what it might cost not only from the first day that we get it but then subsequent years of what um those increases may may um May cost the the city overall um we're estimating that it's going to be about 150 to $200,000 and again it's not a budgeted um line item so uh essentially we would either have to eliminate something that is for that amount or take it out of reserves how much do we have in reserves we want to we have about 19 million oh okay and and I want to make sure you you study leasing versus buying trucks yes sir so so I guess the so so really take it out of reserves if you have to so you're saying that it's um going to be the stud is going to cost how much 150 Grand we're estimating between 150 to 200 okay any other questions comment can this be taken out of the quote unquote rainy day fund or thises is not it can this is the same thing as the that's where you should have used that 30,000 fund balance oh I'm sorry well we just voted not to we we just have voted to use the 30,000 to pay the 350 a month I'm not quite sure what the question was the mayor brought up the fact of can you speak into the mic 29th change that you had 30,000 you had that you were going to absorb you said you would look into you would look into it but like he was asking um to clarify was the rainy day fund she was mentioning um the 19 million that you said that's where we that's where we would potentially get the money for this particular um study study right and he was mentioning we could have gotten 30 grand from there and we could used from the that we just that you want to use to absorb the 350 that that that funds that we're talking about to absorb the recycling is um funds that comes from the vendor on a yearly basis into the city different pot where um the rainy day fund is the fund balance or the reserves which we have about $19 million no no the point was is could we have avoided going in the reserves 30 by 30 grand if we use the 30 we're not going into the reserves for 30 grand for the weekly sir they they're using the could you put it their own money in the contract that they have no no but I understand I understand what you're saying but like you said that you're gonna look into it which to to see if we if it could be used but if not I'm I'm fairly confident we can for the capacity of of the weekly for the remainder of the year I'm fairly confident we're fine with it I I have to say that I think whatever it costs we owe it to the public we owe it to the public to find out whether it's feasible if it's feasible and if not we have to be on top of what coastal's doing or or bid it out or whatever I heard I heard a motion to to to move that in a second I second commission um can we do a voice a voice um vote I second okay so just just hang you want me to okay I I got distracted for a second there just tell me what we're going to vote on okay okay my understanding of the motion is to direct staff to initiate an RFP that will provide a feasibility study with everything that I listed to bring Recycling and garbage pickup inhouse as opposed to vendor okay um our initial quote for for the study is between 150 to 200,000 um and so we would be using the fund balance um to be able to fund that study and the fund balance which fund balance res reserves City reserves okay okay and how long does that study take about 90 days maybe I it no it's probably going to take several months because they have to go and and take a look at at quite a lot of detail to go into just can you just commissioner the study will take about 6 to8 months okay that that'll give us right before our budget to see what we're going to do so I I I think that's I think that's a fair investment this is something that we all have run on yeah uh and this is something that a lot of people have wanted to to Really bring back but for us to understand what that cost what it entails I think we all are in that agreement all of us right yeah I think I think we I think we need to know you know one way or the other yeah so I think that's fair fair that's an investment ourselves all right so um I guess then we need to make a motion to was already made stud you got the motion you got it seconded all in favor say I any opposed passes unanimously okay make a motion to journ yeah hang on wait wait you got to deal with the rest of your agenda so I would ask that the that the city commission consider the before we leave the two items that are listed under the City attorney um one so we can get moving on the engagement of outside Council to um have an independent analysis review of the um um the uh inter Coastal Mall project that is that information has been provided I make the motion all right first of all should we get another 10 minutes then should we go to 1210 I I can I finish is enough for my two items right you go so I just need a motion and and and I make a motion okay second all right so this is going to be okay what what we're voting to engage outside councel you're authorizing me to engage out insurance project okay you got you have your Mo who made the motion I made the motion second by commission turn second do we have a budgeted amount for this yes it's in the proposal approximately 10 10,000 okay so it's 10,000 for them to do the uh analysis analysis okay all right so um we got the motion we got the second all in favor say I I okay any opposed okay passes unanimous and the other one is you know the memo I distributed um we you know do you all want the us to hold process servers to the letter of the law that they serve the mayor or do you want to designate someone at staff level to accept process of service for lawsuits because for since I've been here it's been a a mismash no no um I don't never saw that okay I me so so then we can then inform all the staff and department heads not to accept a process of service they're going to have to track down the mayor which we all know is going to be here at least once a once a month okay to serve whoever it may be okay so so so so they'll be knocking on my door um so okay and I understand the inconvenience to to to the to the to the mayor and and the vi well here here here's the point let me just let me just chest point the only and and it's not about me I don't care if it's not not an interruption for me I don't care oh I mean you're the one that's going to mostly be affected because when they do those lawsuits it's always they're going to name me personally I'm sure how come no one told me all these things before anyway you would have run oops um okay so um don't want to be the mayor right right and then and then if I ever ran again one day they'd say look at all the lawsuits you got I don't I don't care you just need some direction here here's here's a question real quick the question is is that what what is the reason why we would be doing that so we make it more difficult to get served it's just they follow the law they have to follow the law this is they're trying to make it we're we'll be creating a processess easier for a service processor to serve that's that's what that's what this is it's not we have we have process servers who go to the clerk's office say you can I speak to someone someone goes up there not knowing what they're there for they go to the to the counter and the process server says throws it down says here you've been served and walk away that's not process of service under the law but but let's just say that we made so let's just talk about the private sector where you'd have like a registered agent that would accept service I understand what you're saying okay and what if we made like the clerk the registered agent or whatever the that's what we're that's what I'm asking could be the attorney but but my point is is that there's there's no benefit to not know about the lwuit for an extra mon I I concur I I feel I you know I concur with his assessment from a business standpoint you're right ER as from a registered agent standpoint like when when you get sered always goes to register agent so what who would be the the Apple person well I the easiest the easiest would be well no it would be the clerk because they're on the first floor office you want to designate the city clerk specifically City Clerk or anyone the city clerk's department or the city attorney's uh office or the city manager do we want it to be the City attorney and the city clerk or anyone in that office I don't like the office thing because if they if it's the office thing they could say it's lost and well no no I I would rather be the City attorney i' rather be the City attorney I most because then the City attorney will know whether to accept it or not no you have no choice but to accept it I second the motion for C call the vote but the City attorney is not here all day either so what that's they have to serve them so what well so neither you but but that's the point think I think you're missing the point quick motion that we go for three more minutes five more minutes all in favor say I okay good all right my my my point is is that I want to ask the attorney this yes what is the benefit of not knowing about the lawsuit quicker like like nothing to do hold on hold on the answer to your question is the time frame does not begin to run I know until you're served so I I it's it it doesn't impact us one way or the other from a legal standpoint but you're properly informed you you know that's going to the to a person you know someone's going to actually tell you we don't care but the clerk will do that too no well no the clerk the clerk immediately informs me right right so if the clerk Got Served the only don't do that to you all right leave it to the only reason I I I I was I and I'm not I'm you know making and telling you is that that someone on the ground floor okay is easier to serve than them having to go to the uh AG security guard asked to be have access to the fourth floor uh get buzzed up and then track down I myself or the manager you know would be tracked down me and then he Buzz them in so I don't care though if it's a crazy person suing me for some ridiculous reason then I don't want him to get service yeah but this is different now no no you can't do that you cannot do that so I that's the truth I I motion that we designate the City attorney as you you made the motion and I I said okay we have a second okay we have a second all right can we call the vote all in favor say I I any oppos motion to all right okay oh no wait don't we need to address the rest of the items that's up to you the budget I mean the agenda wasn't finished he said he only had two items we just did it I I asked for two items two items no because the manager said we're okay we can do it they can hold over yeah all right okay mot to motion to adjourn all in favor yeah there one day we'll catch up no more oh I'm sorry we're we're not we're we're we're rolling over till next month the group picture no next month we're going to try next month next we're not having that he didn't have a tie he didn't have a tie he wanted to tie at midnight we were I was told that it wasn't happening who told you that I told him that because there was an email that said that commissioner Joseph wasn't going to be here he might not be there and we called and he said he was having a the picture no yeah I spoke to