##VIDEO ID:Rf1tksgcbUs## e for e e e e e e e e e okay good evening welcome to the city of North Miami Beach City Commission meeting of Tuesday October 15 2024 um can we get a roll call please Madam clerk commissioner shernoff here commissioner floron here commissioner Jean here commissioner Joseph here commissioner smuckler present vice mayor Smith present mayor Piper here you have Quorum thank you thank you and for invocation this evening we're going to defer to commissioner smuckler so I really wanted just to take this moment to um acknowledge what happened um in Israel and really to the rest of the world on October 7th we have um approximately one host 100 hostages still missing and we had a countless of of of people murdered in Israel for no reason for being at a concert and having fun enjoying themselves being with their families I just wanted to take this moment to um remember what happened happened to pray for the return of those hostages and to remember that what happens in Israel could happen here if we allow terrorists to take over so if we can have just a moment of silence to remember those that perish we will never forget okay amen thank you all right would everyone please join me in the Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the repblic for stands na God indivisible liberty and justice for [Music] all okay requests for withdrawals deferments and additions to the agenda Madam clerk per the request of the city manager item 11.3 which is resolution 20241 118 this is to approve the special obligation bond that will be heard first um okay when you say first what does first mean after we're going to do it right before consent yes okay so right after consent and then the item number on that is 113 113 resolution 2024 1118 forther request of commissioner Jean item number 11 11.4 which is resolution number 20 24-18 to approve City events fee waver and facility usage policy that will be deferred to the December meeting further request of commissioner Jean item 11.9 which is resolution number 2024-25 this is to approve external audit services that will also be for the uh December meeting for the request of commissioner Joseph item 11.10 which is resolution number 2024-25 this is to approve Motorola radios piggyback that will also be deferred to the December meeting that's it yes I have questions also I have a question okay okay um through the mayor I'd like to ask the manager can we wait on the auditor because the contract was up and I don't know if we can wait um I will need to have our finance team I think they're in the back which item was that one what item was that 11 n uh City attorney can I bring it up for a vote whether or not we wave that if I get a second when you say wave she wants to post it until December but I think our audit uh contract is up and therefore we will be without somebody for three months a problem not that I don't know there was a there was a ranking on the firm that one so or maybe um commissioner can explain why and we could understand better right we'll give it another minute or two to see if um okay so can I ask my question question okay so as for 11.4 I wanted to ask commissioner Jean why she wants to wait for December and also as for 11.9 I'm sorry 11.10 I wanted to add ask commissioner Joseph why he wanted to wait till December the reason okay um I have concerns in regards to the the the cost because the 1.8 is for leasing the equipment and I just I just wanted to have more in depth conversation with the manager and get additional information that's just that because it's it's we're paying 1.8 just to lease equipment and I had a chance to talk with some of the uh some of the staff and they said that should have be an issue because I I needed more information on that because it's leasing as opposed to buying why why why aren't we buying it that's my issue okay why can I have a followup with that why why are we um postponing it why don't we discuss it now and vote on it up get additional information if there's other if we if we could have renegotiated that and they said they wouldn't have a problem to if it waited to the next meeting to discuss it that's all I mean it's not anything that's time it's just it's just a it's a piggy back right it's nothing that's time sensitive that's going to be a going to stop it's not we're not losing anything it's not like a Mr manager do you agree with that uh for Motorola we can we can wait until December um and um in term CFO um Miss Taylor's here and she can answer with regards to if the audit contract can wait or be postponed until December I mean good even May commission we can wait but we'll need an interim contract with our current Auditors because right now we're out of contract we have to do planning which usually happens October between October and November so if we're waiting to approve a new contract we'll need to have an interim in place at least for 3 to four months contract until we have the new contract sorted so may I make a motion to um vote on whether or not we withdraw it or commission Jean explain so I understand yes I know usually when we have a procurement process that is usually a COR of Silence during my briefing with the manager I mentioned to him that I wanted to know who are the firms that had applied you provided that information via email but I felt that we needed more interaction with those firms so us usually the the core of sidence process and also asks the attorney what usually that process entails so for me I feel like we need more time can we speak to these firms is it within the law that we can is it within the procurement laws that we can is it something that's customary to Commissioners to maybe get more information for such a service that is very an extensive service that was my the nature of my concern okay that first then the cone of silence per hour code and we follow day County day county has a mandatory provision but cities are allowed to alter the provision for our code code uh the cone of silence terminates when the manager makes a recommendation to the city Commission in this case I believe that recommendation was made today uh it's not what happens here it's when a memo from the manager that makes a recommendation is issued that terminates the cone of silence um it was done today so I don't know what time that that that's the answer specifically to your question now as to yours um why would it take why would it why was it done today wait uh I had it in my packet on Friday I had the rankings on Friday I had who submitted and I even saw their submission so I just want to put that on the record that I I don't know why it wasn't in your packet was mine the I mean the silence is removed once the Memo's issued out right you're saying that you received it prior to the memo being issued out no the recommend recommendation to award was um public on Tuesday of last week um the difference in this item was that um staff through oversight um did not update the bids sync the um the software that we use to push um procurement and stuff out uh but the notice was made public of recommendation to award last Tuesday um as part of our procurement and even the procurement of this um there's terms and conditions that talk about that and to give when the recommendation to the ward and when the cone of silence is lifted um and that was all made um part even before the the bids came in um but Tuesday was when it was made public what the recommendation of award was to the Commission in that case my uh observation is obviously incorrect but I saw a memo that was dated the 15th today so I presume today um so I would like to make the motion that we vote on whether or not we're going to um put this on a table till December of the agenda is within the province of the commission and um members have the right because we have a consent agenda any member may pull an item from the consent agenda for discussion that is a right of any member oh that's not not discuss f is different than pulling an item for discussion and that is a matter that is controlled by the full commission by the full commission so we have to vote on it if there's a motion such as you just made and the mayor acknowledged the motion and the second then it is a matter for discussion before you just just so um uh with respect to what commissioner Smith said earlier her concern was having someone in the interim time period before this item comes back again was that correct commissioner well now that I see the reason I think we should go forward to vote on it because I don't remember when we had this where we interviewed them personally I think when there's ranking and there's professionals but I just feel like we shouldn't be in an interim so I make the motion and you second well my my I misunderstood your motion okay um so I'm going to withdraw my second um I do have a qu I do have a question this is just from a legality standpoint so you're telling me that there was a memo issue dated today no I'm just I just want to because I want to this the the backup agendas uh the memos are typically dated the day of the commission meeting but that was made public last Tuesday when the agenda was publicized that's never seen that before okay I'll second's motion all right so we have a second on the motion and any discussion I mean um so from from my seat um you know I know commissioner smuckler wanted to say something but from from my seat I I just want to make sure that we um are you know in line with how we typically do our procurement processes and that every person who's applied has the opportunity to um to to respond or to even um have conversations with the commission right um because at the end of the day the recommendation is that it is a recommendation um it is not a must it is not you know telling us that we have to do X um but in order for us to really process all of that having the opportunity to um to hear from the vendors I think is important um you know and and no one has reached out to me I I'm in all honesty I i' I've been familiar with the current firm that we have for a number of years now I think they've been doing a very a good job and you know so when I heard something different um from the manager today I wanted to um make sure that I'm able to fully look into that that's in my seat so I can understand um if we do you know push it back until December it's another 30 days but we need to make sure that we have something in the interim so that's what I would suggest is to have something in the interum for the next 30 days thank you right it's probably it's probably 60 days but right would it be would it be 60 days I'm sorry um to to the month of December actually right okay and I I'd like to say just one thing before before you go commissioner oh go ahead because I want to ask something from okay I I don't know why nobody's just like saying it so I'm gonna say it so I spoked with uh Jeff Mander I'm sorry if I'm pronouncing the your name wrong today and um he actually sent me the letter that was dated today saying that the recommendation of ranking was done and this they it's stated today so I think that's where everybody's getting that October 15th date okay um question the um can you repeat again is there any downside to this being deferred and if so what is that downside okay the city needs to have an audit contract from right now we're out of contract so we need to have us if we're going to defer till a later meeting date we need to have an interim contract with our current um audit firm so we' have do we have the ability to extend our current contract for um two months we have to do an interim contract we're out of contract we've done a a oneyear extension for the last three years so we actually need to do another extension maybe a 60-day or 90day extension but will they accept [Music] that yeah I I I would assume that based on the I'll let because I think she's going to say I think she's going to sorry can can they do they have to accept a taking us for another 60 days so based on the nature of the services um you know it it is still up to to the firm if they want to extend um nine times out of 10 they usually do because they they're a carrier or they've handled those Services contractually we do have um the ability under the manager authority to extend for an additional you know two months if we needed to um could I ask m is the firm that won the um top ranking here yes could you introduce me to that firm we have here a MOA is the partner from marham LLP good afternoon and thank you for allowing me to talk a little bit about our firm our firm Marco mope we located here in South Florida and we've been around for over 70 years and we specialize in audits of local municipalities in South Florida we audit about 52 municipalities many of of the surrounding and um we're we're a large firm with 300 employees locally um and we were uh we submitted a bid we're ranked um first as mentioned there was a uh it was provided as part of the agenda package within the proposal we shared some references of of multiple cities across the State of Florida which we service um so I'll open up to any questions you may have so I I I'd like to I'm sorry to interrupt everybody I I'd like to just say something um so he's on this item is on the agenda and so is the item with the Motorola um uh radios they're both on the agenda I I would willing to um at least listen and talk about it and have it for discussion and CU we're kind of going out of order now so I would be willing to um wait till it's time discuss it and I will have an open mind about the possibility of um of tabling it but you know I I have questions that the police department is here that I wouldn't mind asking about the Motorola radios that I may not have that opportunity to ask I to just call them up and say hey answer all my questions and I would love to hear this is an opportunity to hear all your questions which I I normally cannot do because of sunshine so I would be willing to I would like to leave both of the items on and with an open mind I would table it if necessary I have another question Mr Mayor thank you when were you notified that you were ranked number one and you were going to be cons considering tonight we had submitted some requests to procurement but we have access to your agenda package and it's part of the agenda package within the agenda package there's a memo ranking the different firms um where it said that the recommendation today was for the elected body to a authorize the city manager to negotiate with the first rank firm and if a successful negotiation was not reached then the resolution would read that it will go to the second rank firm that's the way it always is that that was important to me because last Tuesday was in the agenda and um I know in the past I can think of one the Landscaping where they have reached out because they saw it a week before if they wanted to discuss the fact that's why I'm at a little bit of a quandry why you didn't have an opportunity another one also is when I had my agenda briefing with the manager the ask when there was no backup to this particular item and so my ask to him was for him to actually send me the three firms that I had actually submitted so as a commissioner I have that right to know right and so he the manager eventually provided those three firms so with that being said if we're changing firms I think it's a conversation that the manager should also let us know what's the reasoning this is the first ranked firm so to to the Kudos of your company you ranked first but for a service that we we've had with one vendor for the last consecutive three years or more I think this is a fair thing that we should have had some kind of discussion for that so does this form warrants that potentially but for me I need more time and um if I may um Mr Mayor um you know you like like you said you ranked first um and you know as far as processes are concerned that bidsync is what I'm hearing is the is the medium by which uh biders are alerted right and so you know that's the continuity that I'm referencing but really it's not even about you or about you know any of the other ranked firms it's about who we're doing business with now and the fact that um you know I've seen their you know hard work I've uh they've taken our city through a couple of um you know uh tumultuous years and they've they you know I think they've done a pretty good job of explaining themselves on various different ISS issues after Audits and that's I believe how long have they been here um um Madam um is it has it been 5 years six years n it's nine n it's been nine years okay so so this is a organization that's been here for quite some time and um because I remember them even when esman was here and so several managers over have trusted them to serve our city and so um you know uh if we're going to move in a different direction obviously we've gone through a process to do that you know I just want to make sure that you know there's no issues with um with what we're doing and that we are what what we're what we're saying what they're saying we're going to get is what we're going to get I think me and the manager we had a conversation about um pricing and you know how similar to insurance people walk in the door with a with one rate and then a couple of renewals later prices go up so we want to take a look into that and so um uh Commission smuckler I you know I'm with you I'm you know if you want to take a look at this later on but with an open mind of perhaps giving it some more time thank you yes thank you okay all right we got you have a motion on the table the V on yeah I don't think we motioned yet we have a motion on a second oh okay then I yeah I have no problem with no more no more discussion okay good all right so just to be clear that amend the motion yeah what is the motion do I have to amend the motion to include you want me to include the um mola both of them yes all right second okay the motion is to undef the two items right corre right so so then I wanted to ask commissioner Jean about the her reasoning for wanting to defer 11.4 which is to approve City events Fe waiver and facility usage policy thank you thank you so during our Workshop I also made a motion to the fact that I had requested a meeting with the manager to discuss the events that I had planned um that meeting never happened so with that being said I don't feel comfortable moving forward with this item so is a motion now going to include all three well it's clud all three then then I guess you need the motion to approve the um agenda the it is I I I would leave it in again with an open mind no I would have to make the motion to to withdraw to defer those for the commission meeting and take them out of the consent agenda that's what I have to do so not in consent none of them were in the consent not in consent so basically what we would need to do is withdraw the motions and then we'd have to vote if we're going to approve the amended agenda I withraw the motion Okay so then basically the the way that we're going to do there won't be any of those amendments on there then except the only amendment on the agenda will be the manager's request to move 113 to the first item to be heard and now we have to vote Madam clerk is that correct yes but you need to vote on it the body needs to approve it we have to yeah we need we need to vote to approve the so I need a a motion a second to approve the amended agenda as we just stated it would be amended oh amended because the manager okay yep so we need that motion and that second okay I'll make the motion second okay all right um and all in favor say I I I any opposed right pass one opposed commissioner John um otherwise passes with the one opposed um okay next um I only took a half an hour Madam clerk is 5.1 still on or is that not going to happen no that's not going to happen okay great um she'll be here in December okay looking forward to that um huh what commissioner Bas is going to be coming but you can make um okay um next is 5.2 and uh introduction by Florida state representative elect Wallace aristy District 107 come on up congratulations thank you thank you so very much I'm truly pleased to be here tonight I wanted to come and let everybody know I'm grateful here in this amazing city of North Miami Beach so I bring greetings I want to thank mayor Piper vice mayor Smith Commissioners Ching off jean smuckler flormont and Joseph North Miami Beach has been a city that has been impactful in my life I grew up in the area I remember going to a mall called 163rd Street mall in the 80s it was big I remember going to a movie theater when I grew up and it was amazing was where you have the Home Depot those things meant so much to me this city as you know was founded in 1926 by Captain William fulford uh US Coast Guard Captain uh the city was renamed I believe in 1931 which it became North Miami Beach we have some tremendous areas in this city when you talk about the great Easter Shores you talk about Highland Village you talk about fulford by the Sea you leader you talk about Sky Lake you talk about Windward you talk about Pickwick estate and you talk about the historic Washington Park these are the things that make North Miami Beach a place where people could could come and live so myself as your soon to be sworn in state representative I want you to know that I want to work in collaboration with this city I want to be in communication to see what I can do we get to tell aass we want to be in a position we get to tell alass where we collaborate on infrastructure funding housing affordability Economic Development Environmental Protection and sustainability public safety education support we want to be able to come together and you know that you have a voice in Tallahassee working on behalf of the city of North Miami Beach I think that's important there's a couple people I like to thank personally but before I thank them I want to thank the residents of North Miami Beach for the commitment the demonstration what they demonstrated in nominating me as the state representative I don't take it lightly lightly I think it's important there's a lot of work to be done anybody that knows me I'm what they call a worker I have come here to put in the work I've come here to build a relationship I've come here to see a North Miami Beach where everybody's working together I want to be a part of that I have come here to a district 107 that needs to work for our friends our neighbors everybody in District 107 that is the job I'd like to do and I want to personally thanks a couple people that came here I want to thank Jose Fuentes he was very instrumental Max lner I want to thank a great friend of mine Mr Lorenzo Hall I want to thank a gentleman that helped me the whole time Mr dwey Knight Henry Al Lacy Patrick Mayon I want to thank a young man by the name mckinon JY I want to thank Mr Gan Bernard there's so many people that I could thank and I could name their names that may be here that may be listening but I want everybody to know that when we get to Tallahassee we have a state res representative that plans to work upon their behalf all I promise during my campaign is I'm going to put in the work and I think it'll be demonstrated and I'll have an opportunity to bring you back information the news in Tallahassee and we're hoping that every time I come it's some good news and I think good news always starts with resources so those are things we plan on doing and I want to thank you for just allowing me to just say a couple words tonight my name is Wallace s representative elect for district 107 and one of my municipalities and it's all of North Miami Beach so I'm truly grateful and thankful thank you so very much I can't miss my city manager Mar I want to thank you so much you have been amazing your staff I want to thank everybody City attorney I want to thank everybody that's here on this Das I want to thank you for welcoming me making me feel that I'm at home thank you for allowing me to be in the house with each and every one of you thank you so much thank you Mr Mayor I just want to say one thing before he leaves he thanked everybody but the most important person he didn't thank was his beautiful wife who was there that night and he admitted she's the one that did the work to get him there and we are fortunate to have you and your beautiful wife working for our city thank you I want to thank you for reminding me beautiful wife wher you at beautiful wife thank you I don't want thank you so Mr Mr um Mr uh uh arist representative elect I want to thank you for stopping by North Miami Beach and just in hearing you uh describe our our city that we live in it's like you want to move out and move right back in again because you did such a good job of of describing our city and the energy that you're going to bring to Tallahassee you know is so key and so important because the reality is that no matter what side of the aisle that you're on when someone like you speak speaks people listen and so we appreciate the fact that you're going to go up there to Tallahassee and fight on our behalf and bring back those dollars to North Mii Beach thank you so much and and and if I may also um soon to be a representative our seed we have a water plant it's not in North Miami Beach but it's our water plant and I'm hoping that one day you take a tour of it because it is something special and something you should learn a lot about thank you okay all right all good all right thanks again and next is 53 presentation of the fiscal year 2024 third quarter budget versus actual report and runto get even um me and commission before we do our budget to actual report I'd like to introduce our audit partner Andrew Fairman from cabera Jena Fairman and Garcia he's here to present the results of the FY 2023 fiscal audit so we're going to have Andrew come and do his presentation before we present our finance department budget to actual financials and okay he started with us yes I I know it's uh he started with us we love him he's a North Miami Beach person no and I love you guys you guys are awesome um well good evening uh honorable uh mayor vice mayor members of the commission uh for the record my name is Andrew fman and I'm a partner with cavayo fman yedan Garcia or CFG for short and um as Sophia said I am the partner in charge of the city's audit I'm here tonight to provide a brief presentation on your annual comprehensive financial report for the fisc year end of September 30th 2023 so what I'm going to do is I'm just going to walk through through um a few of the different sections point out a few things and paraphrase a few things and then open it up for any questions that you may have for me or for the uh Finance director so it's broken up into various sections there's four sections that it's broken up into it's the introductory section um the financial section the statistical section and the compliance section So within the um within the introductory section there's items such as a letter of transmittal there's information on the structure of the city um and also and what I wanted to point point out um it's on page 11 is the uh certificate of achievement for excellence and financial reporting um this was provided by the government finances offic Association it is a prestigious award um the city has gotten the award for the last 32 or 33 years um the city did receive it as it shows here for the uh 2022 U acfr um this one has been submitted as well and is going to be submitted as well and we do expect that it will receive the award once again as it does meet all the requirements so again a very very positive thing for the city there again for the last 32 or 33 years having gotten this uh prestigious award I'm going to move right into the next section which is the financial section um and the very first item within there uh on pages 14 through 16 of the document is the independent auditor report and that's broken up into various sections um the first section um is the opinion section and that's the most important section it talks about what we've audited um as well as our opinion on the financial statements and that's that we have audited the accompanying financial statements of the city of North May beach as of and for the fiscal year of September 30th 2023 in our opinion the financial statements referred to above present fairly in all material respects the financial position of the city as of September 30th 2023 now that's an unmodified or a clean opinion and that's of course the only opinion that you want on your financial statements the next section talks about under what standards We performed our audit and that states that we conducted our audit in accordance with auditing standards generally accepted in the United States of of America and government auditing standards the next section talks about what Management's responsibilities are for the financial statements so management is responsible for the preparation and fair presentation of the financial statements the last section I'm going to point out is what our responsibilities are as Auditors that states our objectives are to obtain reasonable Assurance about whether the financial statements as a whole are free from Material misstatement whether due to fraud or error and to issue an Auditor's report that includes our opinion so right after the auditor's report and running from Pages 17 through 30 of the document is the management discussion analysis and again if nobody else reads anything else in this document should read this um it it talks about the year it Compares current year to Prior year it pro provides explanations for those changes year-over-year and it's written for Management's perspective um it's a really really good um executive summary of what's within the document and it's it's basically uh Pages 17 through 30 so it's it's about 13 Pages out of this document this uh you know almost over 150 pages so again very very very good information within the management discussion analysis right after the management discussion analysis beginning on page 31 and running to page 41 are the basic financial statements this includes the city's government-wide statement of net position as well as a statement of activities and the fund financial statements for the various governmental funds um proprietary funds and the uh fiduciary funds main thing that I want to point out here is on page 33 which is the balance sheet for the governmental funds um this is the snapshot on that date and specifically in the First Column which is the general fund which is the main operating fund of the city um going down to the to the bottom of the page there um the unassigned fund balance for the city was uh approximately 28.3 million at at the end of the year again that was at September 30th 2023 I'm sorry so we don't have that Bo oh you don't oh you don't have the you don't have a gotcha okay so I will I will I will direct you as as as we go through then as as to what I'm looking at within the document so yeah I'm pointing out pages that doesn't mean anything so I'm just going to um move forward with that uh yes yes there is a book in a correspondence I thought you had it as part of the agenda I apologize no there's no hyper link or anything yeah okay all right I can provide it shortly to you m so running through well running through the next section after after the after the financial statements after the financial statements can you go back a little bit to the unassigned fund balance amount yes the the unassigned fund balance with the general fund at September 30r 2023 was uh approximately 28.3 million yes and there was an overall increase in fund balance within the general fund of approximately uh 4.4 million so that's this is no this is no fault of your own I just want to make sure cuz if it feels at least that we're having issues following with you following along cuz we don't have any right you don't have the document in front of right I I think Mr Mayor may I sure I apologize I didn't mean to um okay you're ready yeah so um are we able to get copies and then he can come back okay I can yeah it's a big document it'll take a little while to print I can print the correspondence in about five minutes is it online can we or yeah maybe yeah they can email it to us or something I mean can we can we find it now online you have it in your can we look on the on the compu on the computers we have in front of us well the commissioner Smith's not going to have that ability oh okay she can share mine okay we we if we can view it online we have computers in front of us okay manager we can yeah okay you want to run reports and no we have not manager I'm okay I got some ice come to this okay something probably October 26 I'll be right you you can you can join us when we both go on those Z you think you only get these on flight right you can get request to to I in the mean time I had a quick question through the through the mayor um can you speak to the the state audit and any work that you've done through the manager as well if you can elaborate on any updates there the state um has their own Auditors um the information was shared with um with with our our Auditors that they took a look at it but um that was a completely different audit that the state oversaw are there any overlaps with what the state reported and any any of your findings for this particular quarter or um this audit only looked at the previous fiscal year the state was looking back I think it was like two two three years and then they were just sampling what our new policies were um so there was no um overlap on the expenditures that they were seeing okay well by the way while we're working on that is there a um do already a findings or a wrapup or something like that that you can maybe share in the meantime as to um what your overall findings were your overall opinions were as a result of the audit yeah so the the the the The quick summary is that the obviously the the audit was a is an unmodified a clean opinion on the financial statements um once again this year um we also um include in the compliance section which is the fourth section of the of the document there's there's reports back there there's a report that's required under um generally accepted government auding standards there's also a report um that's required under the federal single audit act the city was uh once again um subject to the single audit for the grants this year um So within your within your um a yellow book report your generally sub government ex report which talks about um internal controls compliance there was there was there was three findings that we did report within there um the management has responded to um so there's there's those and those there's one related to the uh to basically to the filing um one related to the overall um Financial close and one related to bank reconciliations that they're they're detailed within there um that management has responded to and and and put together a corrective action plan for okay so everything that was identified is either corrected in the works for being corrected and the works are being corrected yes look at everybody look at your city email we all just got it did it come up on your phone pH I don't have that phone what was he looking at on the he had the document that they were that he's referring to the exhibit yeah okay it's being printed it's coming down it's coming down okay yeah yeah thank you we thank you so so it looks like you've all received a copy of the communications those charge with governance letter yes that's that's the communication those charge with governance letter that will be that's also provided with the with the financial statements I think I already gave you kind of like the overview on on the document you know what What flows through there um as well um what you also have there is obviously the communications was charge with governance letter did you were you able to access a copy of the of the annual comprehensive financial report or no also in that okay great yeah okay perfect all right so um so just just continuing continuing through the document and just again um giving you the the overview um one of the biggest Parts within there is Pages 42 381 which is the which is the notes to the financial statements and that includes the required disclosures that provide additional information on the city as well as the numbers that are presented within the financial statements so it's always recommended that those notes are read in conjunction with the financial statements because it tells the whole story it basically includes details of the of the numbers that are presented within the financial statements not only numerical details but also also details narrative details which explain which explain things that happen during the year explain additional information on the numbers that are presented within there it's going a lot of good information with within there as well again to be read in conjunction with the financial statements now staying within within that uh Financial section because we're in the second section of the of the document um there's required supplementary information um within within that required supplementary information there's there's um budget to actual information information on the pensions that are required to be presented within there and that's required under the the governmental accounting standards that that that needs to be included with your financial statements or should be the one thing that I wanted to point out within there that's included which I think is like is is two pages but has a lot of good information is the uh budget to actual for your general fund because it basically shows the original adopted budget it shows the final amended budget and then it compares the actual results to that final amended budget so just just high level for total revenues for the year um the final budget was approximately 53.7 million the actual Revenue was approximately 58.3 million so so there was a positive variance of approximately $5 million in Revenue so Revenue came in $5 million more than more than budgeted um and on the on the the next page so it's on two page the second page has has the expenses just overall with the expenses um the final budget was approximately 77.6 million um the ACT ual was approximately 63 million so there was approximately $14 million uh variance of of between the final adopted budget and the um the actual results so again a lot of good information on those two pages because it shows it shows the results of the of the general fund which obviously is the the main operating fund of the city so it's again I definitely recommend reviewing that as well when uh when you go through the document and um the third section within the document we've talked about the introductory section we've talked about the Financial section now going back to page 115 within the um within there is the statistical section um the statistical section is actually a section that's required um to be included if you want to if you want to achieve the uh the certificate of achievement uh from the government finance office Association so you need to include that uh statistical section so it's again it has it has Financial Trend information it talks about debt information it's got operating information of the city and the really cool thing about it is that it shows 10 years of information so you can see you can see like the last 10 years of of financial information for the city um to see where you know where where the where the city's been and up to where up to where it's at now um it's it's uh put together by by Finance by getting information from various Departments of the city from places outside of the city so um again it's it's a lot of work for the for the city to put together but against a lot of really good information for the for the residents to review and the last section which um which was the section that I was talking about now with uh with your question Mr Mayor was the is the compliance section which includes those reports that are required under generally accepted government aiing standards uh as well as the rules of the auditor general of the State of Florida and and as I mentioned um within there there were there were three matters that we reported that management has that management has responded to um and they're all they're they're detailed there within within the within the document um and finally what we also received what you you received a copy of is our Communications to those charg with governance letter this is the letter that we provide to you on an annual basis of those uh those Communications that are um that our Professional Standards requir us to to to go over with you um at the end of the audit um they're all they're all standard Communications talks about if there was if we want to point any any changes in accounting policies and we point out within there that there was a there was a new gby statement that was uh a new governmental Accounting Standards Board statement that was that was implemented by the city um we point out any any uh any footnotes that we think you know you might want to look at you know it's nothing negative it's just saying hey you might want these are these are these are good disclosures you might want to take a look at um it talks about if we had any any disagreements with management which which we which we did not um overall I just I'd like to thank um you know Sophia her team uh the manager um and the rest of the city staff for the cooperation assistance throughout the uh throughout the audit process um you know the city has had its challenges this year with uh with with with turnover in the finance department and and getting and getting through this process so it's it's great that they've been able to get complete the process and that we're we're able to be here to present the the financial statements to you today um I'd also like to thank thank the uh the commission as well for the for the for the trust that you've put in me and my firm to uh to perform the audit all of these years and to to be able to be with you like as as um the commissioner had mentioned earlier you know through through thick and thin so I I really appreciate that as well and I want to I want to say it's it's truly been an honor and privilege to be of service to the city so thank you very much and again it's it's great to be able to be here to present to you tonight and I'll open up to any additional questions you may have at this time thank you thank you thank you right many questions I just have one so we had a $14,000 14 million less that we spent and we received 5 million more than we anticipated so does that go into the general fund that's all within the general fund yeah that's all that that all has to do that go goes to the general fund yes that was that basically that budget's actual was within the general fund um so yes so besides our tax revenue were're up 19,000 19 million well the increase overall and I'll and I'll and I'll and I'll defer to Sophia on that the increase overall the you had in the general fund the the the net income was approximately just over 4 million and there was and there was also an increase in your in your unassigned fund balance your unassign fund balance at year end was approximately 28 million thank you very much you're welcome okay okay just one more question um through the mayor I I remember a couple years ago we talked about how um we can you know forecast because these reports are um are are retrospective in nature so in the last couple of years have you have you seen um that our finance department and our city in general has been able to forast and um has that been able to help us to save money in particular areas or see where there's wasteful spending and things of that sort well just in looking at your Trends overall as obviously as of September 30th 2023 you know just looking within your general fund you can see that there was there was a there was an increase in the overall fund balance there was an overall increase in your unassigned fund balance so there was definitely that there was definitely uh that definitely shows and then looking at your budget to actual report you can see that there was uh within within each within the line items there was no there was no matters of of overspending within within specific within specific uh specific line items specific functions within the city so that's that's always a good that's always a good check which is why I point out that um that budget to actual report because it gives you a good it gives you a good idea of how of how the city how the city um scored against against the budget and and you know looking at the budget tax there the that that the city the city did not um you know spend over budget within within the various functions got it um thank you and I'm and like I said as far as this being retrospective in nature I think um you know just speaking from a commission standpoint that um when I look at these reports it's really about taking them and seeing what we can do moving forward um to just streamline processes and be more efficient um and you know it's a good thing that we we we're we're we're actually having a nice unassigned fund balance and we're you know um you know we're bringing in more than we're actually uh budgeting from the last fiscal year um you know but you know just want to make sure that we're more efficient as a as as a whole and then how we approach you know the way we do business here as a city so thank you for the information and we appreciate you thank you that's my pleasure okay all good thank you very much appreciate it thank you okay is there any action by us or no no no um okay next is public comment Madam clerk good evening everyone the mayor and commissioners of the city of North Miami Beach has opened the 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 or the name of the organization which you are representing the mayor and commission of the city of North Beach recognizes the importance of Civility the city of North M Beach request that all in attendance to exercise civility towards each other at all times Mr David zapen David zapen proprietor of uh zapen tech.com host of wage theft Nation online radio show uh again happy holidays everyone as we countdown to Halloween um as we countdown to the election I hope we get more treats and tricks as we try to keep in mind to how to balance um past experience versus plans for the future the needs of employers with those employees and similar balancing acts I uh I was a chemistry major long ago but uh you even my math has limits so my uh congratulations to the previous speaker on uh explaining the finances um and I I realized there's going to be a a lot of anger some of it righteous but thankfully there is no need to defund the police or the FBI uh there's no reason to fear FEMA when they show up with correct credentials but unfortunately you know uh despite my efforts you know there's no rule that says that uh networks over the air otherwise have to have a social studies school teacher like myself on staff so you just have a lot of people with big microphones and sometimes dubious resumes sure sometimes they get it right but uh you know unfortunately you know just as there is no actual right to vote for president look it up Bush Vore you know life isn't fair but please you know if we work together through these Ren buunk times will will be okay and um you know on a lighter note this was my postcard a while back in the future I hope all candidates will keep a thought to having postcards that actually fit in mailboxes instead of spilling out of them I understand you want to print more information but you know too much of a good thing can be just too much so please let's um try to have some balance because yes we try not to panic and yet sometimes it is to quot a greater man sometimes it's the perfect time to panic so again Happy Holidays and let's be safe out there good night thank you any other speakers good evening good evening that will be short and sweet microphone down okay I just want to thank you City commission may and Miss Smith for the wonderful job with seniors want you to tell her name my name is Luda conik thank you okay thank you for a beautiful job we are only the city that we can be proud of our elected official and we will do everything in our power to make sure that you stay in the power because you're taking care of the seniors and the children so those are two most sensitive groups thank you again thank you I got it all right good evening everyone um Melissa Winchester in reference to the voters Council just a quick reminder next week Monday is our meet the candidate um for our reelecting and new people coming it's a small so out of each row if one person comes great um cuz it's going to be a tight space but we look forward to hearing your new Visions for 2025 and going forward okay give the address please and the time oh sugar foot the address to Washington Park Community Center is 15290 North East 15 Court North Miami Beach Florida 33162 and what time and the time is 7 [Music] 6:30 okay thank you thank you Monday night Monday night the 21st right yes it's the 21st Monday night that is to meet the candidates so voters Council has invited everybody to come to Washington Park Monday night okay public comments still I do not have any sign speakers any else okay so I'll let the record reflect that no one else has come forward and we're on to announcements Mr manager good evening everyone going to go through a list of our October and November events this Thursday October 17th we have Farm share drive-through distribution at yolita at 9:00 a.m. till 12:00 p.m. on Friday October 18th we have Tulia it's an event with six different authors at the North Miami Beach Library at 6:00 p.m. on Saturday October 19th children's Hispanic heritage celebration at the North Miami Beach Library at 1:30 p.m. Saturday October 19th the same day they have a book signing event with Danielle Gerald Rosier at the library from 6:00 to 9: that Monday October 21st early voting Begins the following Saturday October 26 breast cancer awareness event at the North Miami Beach Library from 10:00 a.m. to 2:30 p.m. that same Saturday October 26 is Monster Mash bash here at City Hall from 5:00 to 9:00 on Tuesday October 29th is our Washington Park Community Center groundbreaking ceremony at 10: a.m. Saturday November 3rd is the last day of early voting on Tuesday November 5th it's election day Wednesday November 6th we have Community Zumba at ulita Park and on Wednesday November 13th we have our karaoke night that was postponed at the McDonald center that is all okay thank you much um okay next is uh City commission reports Madam clerk commissioner shof good evening everybody excuse me I'd first like to congratulate Juan paninos for being our new acting Chief Juan stand up let everybody see [Applause] you thank you Mario for that appointment um I'd like to wish everybody in the Jewish Community a hak which is the next c um event that's coming up sukot so we wish them a happy festive sukot um again everybody heard that the elections are coming up please go out and vote for the kids for Halloween don't take any candy from anybody you don't know make sure your parents are with you it's very important there's a lot of festivities that you can go to and not go trick-or-treating door too if you'd like so please adhere to that everybody have a wonderful evening commissioner sh florimon excuse me uh good evening everyone um thank you so much for coming out to our commission meeting um as commissioner turnoff mentioned um on the evening of tomorrow the 16th um I just want to make sure I said right soot is it's the beginning of soot right and I appreciate our our team for giving out um the uh Palm FRS um this afternoon and um you know it's a festive time of year uh you know fortunately this year is unlike no other for the Jewish Community um because of what happened um on October 7th but our thoughts and prayers are with the entire Jewish Community um especially here in North Miami Beach and um you know so but we do wish um the community um a as festive as it can be holiday season um in addition to that I want to make sure that we keep pushing on the fact that we have the we ha to share program um and so the amount that people can receive is um $600 towards their water bill so um you know please apply for this program and um the maximum household incomes are listed in the um in the actual uh form here so if you have one if it's a oneperson household maximum is 95,000 twers household one 8 um a three person household 122,000 four person household 136,000 5p person household 147,000 up to 8 person household 179,000 so the reality is most of the homes in North Miami Beach should be able to qualify to receive this $600 um towards their water bill so please apply for this program the money is here for that purpose and um you know thank you to my colleague for supporting um supporting that effort um aside from that let I look forward to an expedient meeting and um you know wishes do come true right so we'll see what happens tonight thank you commissioner Jean thank you so much good evening everyone I want to e Echo the sentiments of my colleagues um to congratulate um acting chief panil on the years of service and your recent promotion so and with that being said as well I know we had a few um deaths in our community um by gun violence and so I want to um ask for prayers for those families that have lost loved ones to gun violence especially here in North Miami Beach and also ask also for our community to keep our law enforcement in prayer as well as they do a very serious job of keeping our our community safe um also to the Jewish Community um happy holiday and celebrate with joy I had the chance to attend a anti-bullying conference put on by Udonis Hassam foundation and the Brain Trust Foundation that was an amazing opportunity for me to recognize their work so I want to um send a special shout out to them as well and for breast cancer awareness month um for those women and men as well please get checked out make sure you do your annual mamogram and as you know October is also domestic violence month so we empathize with Vic as we Champion their safety thank you so much and have a great meeting Mr Mayor I I think I left about 10 seconds on uh on out of my three minutes I just wanted to add um that um you know congratulations to um uh now acting Chief uh pineos um I also wanted to say that you know it's uh it's two uh what I feel are brothers um you know that are really have always been working in our in our um Police Department to make it better um and so acting deputy chief as well uh Mr Stuart Nichols I also want to congratulate you as [Applause] well congratulations commissioner Joseph thank you madam clerk um I go the same sentiments happy holidays um um haw good suckers that's how Haw Haw Hawk the yish way uh um also want to um commend the city manager and the staff I we had a close call last week in regards to the hurricane I think we we're we showed the community that we can be very active and diligent and really being able to supply sandbags and keeping them informed so I want to commend the staff for for being at the ready and lot we had a lot of people on the community on Facebook saying thank you so very much and I and you know I want to commend you guys for all that great work hurricane season doesn't end to November 30th so please everyone stay vill vigilant out there and we might have another one hopefully not that's I know I know uh that's spinning out there in the Caribbean uh naen naen naen um uh hopefully it doesn't head our way um but again please stay safe um make sure that you're cutting your trees doing the best you can to make sure that you don't have any projectiles out there you know this is starting to be the new normal for us we have these births of uh activity in the Caribbean and then it kind of slows down but those those quiet times are it looks like is going to be coming to an end so I just want you guys stay diligent stay safe stay blessed and um thank you commissioner smuckler thank you and good evening everyone um so I also want to congratulate our new acting chief major Juan Neo so does he keep the title of major does that go away so it's just acting Chief okay so congratulations and also to our acting deputy chief who doesn't keep his title either as major okay so congratulations to both of you um I we know and um now that um the police department is in a great place so I'm so excited to be a commissioner with both of you at the helm I want to wish all my Jewish friends and families and uh joyous Sim T we wear pink here today because we are recognizing Breast Cancer Awareness Month last night I was at an event totally not related to breast cancer and I bumped into an old friend of mine from from when I was probably 10 years old and he told me that his wife couldn't come because last week she had a double masectomy and how did he discover it he hugged her and when he hugged her he felt something was off and that's how he discovered that that she had breast cancer so um the power of a hug is is amazing absolutely yes um we also at the North May beach library and October 26 we will be doing something special as always at the library we do for breast cancer awareness and it'll continue on on that day to the manager's office we when we had that storm back in June we were probably like the only city that didn't flood we did an amazing job and once again even though there was no flooding this time but once again I we I was on The Daily Calls twice a day with the kava's office and um we were super prepared the Police Department Public Works our our manager's office I don't know who I'm missing but whoever I'm missing everybody all of Staff we were super prepared thank you all for for making sure that our city was going to be safe in case um we we didn't know it wasn't coming this way but you know what better safe than sorry right and thank you as always thank you to the North May Beach Police Department for protecting my family my friends my neighbors my family my our city staff employees everyone and visitors everyone in North May and Me Myself and our commission thank you so much for always being there for us vice mayor Smith thank you um I want to say first and foremost that it is not only um Breast Cancer month but as you know it's also against violence and violence can happen in a lot of ways you think of violence maybe between a man and a woman but those that know or cook and like AA that's on television she always says I'm not a chef I'm a cook she wrote 1520 famous cookbooks and she tells the story that she never had children cuz she thought she'd be a terrible mother because as a child her father used to drag her around the house by the hair so violence Works in very funny ways pay attention to your children pay attention I walked in the pouring rain last week against violence and they came from all over dve County to walk with us but it's not just a man it's not just a woman pay attention to your children see if they changed their personality see if you notice something about them that's different and then if they don't want to talk to you have encourage them to talk to clergy encourage them to talk to a counselor at school but make sure your children are not being bullied or being abused by a neighbor a family member who knows that's very important and the other thing I'd like to say say is we are very lucky here in North M Beach commissioner brought it up but we have the command center right here when there's a storm our manager spent the night here in the city to make sure that if not only north Miami beach but neighboring communities needed our help we were ready to go so with that I too want to thank our new acting Chief pelis and I also want to thank our deputy and these two men Mr Nicholas they work together we are in very good hands and thank the manager for making sure of that the thing that I want to also instill upon everybody because everybody that doesn't know we're all going to celebrate my 58th anniversary on Halloween 58 years so um this medal may be dipped in something else cuz I may have deserved that or maybe he deserves it those that know me but um you know because of that my mother-in-law had warned me she was married on Halloween and her her brother-in-law and sister-in-law were married on Halloween she had warned me don't get married on Halloween because you can never go out you have to stay home give out candy take care of your kids take care of your house well I have stayed home for the those 58 years and I can tell you it's very important that you watch what your children do I get over a thousand kids at my house we really get bombarded watch their costumes that they don't trip watch that they run up to dogs and they don't get bitten watch what they're putting in their mouth especially little ones with hard candy don't let them choke so Halloween is a fun time we have an amazing program here in North H Beach if you haven't been to it come when the manager goes through it he's scared to death we kind of have to hold his hand and make him go and there there's candy at the so funny wasn't it funny I still remember it you think he's a tall big man's man just put a ghost in front of him or a witch you'll see a whole different personality and at the end of the at the end there's candy for the kids so there is a safe place to go go come here to our Monster Bash and I wish all the Jewish friends a happy holiday I wish everybody a safe safe wonderful holiday not only this Jewish holiday but also for the Halloween the Thanksgiving that's coming up and the Christmas we have to take care of each other we have to take care of each other and I want to tell you all uh thank you so much thank you for being here and the big thing of all remember to vote yeah and if you want to know who you're voting for North Miami Beach come down to Washington Park next Monday night at 6:30 and meet your candidates at what time I'm sorry confirm at 7 7 come down come down to Washington Park at 700 if you get there at 6:30 um I don't think anybody be there to open the gate but come at 700 to Washington Park and meet your candidates and please everybody vote vote early voting is aventur or north Miami library it starts next Monday for 14 days and then of course on voting day for 12 days for 12 days so don't go on the 13th and 14th day because you won't get in and and everybody please come to Monster Bash and and walk with the manager we charge a little extra because it's so much fun to to walk with the manager but nice but you'll enjoy and everybody just stays safe and good night mayor and happy anniversary Woody mayor Piper hi thank you um congratulations to acting Chief Juan pineos and deputy chief Stuart Nichols um enjoyed working with you in the past and looking forward to working even closer with you going forward um to uh little bit of a service to our business Community wearing my NMB chamber hat for a moment um there's a networking lunch this coming Thursday at the golden Chariot restaurant well you there might be we know people um and then there's an evening networking event um this is a good one C at the chamber we are serious about business but we're also serious about fun and there's a Halloween party at the St fort's Funeral Home on October 30th so if you want to come to the spooky Halloween party at the funeral home yeah that's a good that's a good one very good decorate unbelievable and and there um a couple little secrets I'll share is that there's going to be a um Michael Jackson um impersonator tribute kind of person there is well as some other fun things happening so um definitely something to check out other than that um happy Jewish holidays H um happy Halloween and um in the event we don't meet before Thanksgiving and I know we're reaching out there but in the event we don't meet before then Happy Thanksgiving we're not huh I don't think we are meeting that's why I covered Thanksgiving on behalf of the whole commission Leslie Leslie did say that there were no more seats to everybody you gota okay and um with that I will conclude thank you for what consent all right so next um we are on to the consent agenda move to approve second okay good um and Mr attorney item 91 budget Workshop minutes of August 21st 2024 item 92 budget hearing minutes of September 10th 2024 item 3 9.3 commission conference minutes of September 17 2024 item 9.4 regular commission meeting minutes of September 17 2024 item 9 5 budget hearing minutes of September 25th 2024 item 9.6 resolution number r224 d110 uh approved change order for swimming pool chemicals from Allied Universal Andrew Plotkin plon Recreation director resolution of the mayor and City Commission of the city of North Miami Beach Florida approving and authorizing a change order to the contract with Allied Universal Corp for swimming pool chemicals increasing the contract amount by $25,000 authorizing the city manager or design to do all things necessary to effectuate this resolution providing for conflicts scrier errors severability subject to budget Appropriations and availability of funds and providing for an effective date item 9.7 resolution number r224 d111 approved cloud-based phone system piggyback with ring central Ricardo Castillo Chief Information officer resolution of the mayor and City Commission of the city of North Miami Beach Florida approving a piggyback contract between the city and ring Central Inc for the purchase of unified Communications equipment and software authorizing the city manager or design to do all things necessary to effectuate this resolution providing for conflicts providing for scrier errors providing SE for severability subject to budget Appropriations and availability of funds and providing for an effective date item 9.8 resolution number r224 d112 approve recommendations of award uh ITB 24-11 uh as uh as Pest and rodent control services Sam Zona Public Works director a resolution of the mayor and City Commission of the city of North Miami Beach Florida approving and authorizing the award of invitation to bid number it b-224 24-11 uh as Pest and rodent control services with two lowest responsive and responsible biders uh Northwest extermination company LLC and Tower Pest Control Inc as primary and secondary vendors respectively an authorization authorizing the city manager or designate to execute an agreement with both the primary and secondary vendors in an estimated annual budgeted amount of $90,000 authorizing the city manager or designate to do all things necessary if it's drawn this way um sorry here to effectuate this resolution and subject to the budget appropriation and availability of funds and providing for an effective date resolution 9.9 uh number item budget item 9.9 resolution number r224 d113 approve a piggyback contract with Goodyear Tire and rubber company for the purchase of tires tubes and services Sam Zam makona Public Works director a resolution of the mayor and City Commission of the city of North Miami Beach Florida approving a piggyback contract between the city and Goodyear Tire and rubber company for the purchase of tires tubes and services in an estimated annual budget at amount of $370,000 authorizing the city manager or designed to do all things necessary to effectuate this resolution providing for conflicts providing for scri errors providing for severability and providing for an effective date item nine Dash 9.10 resolution number r224 d114 approve approve Florida International University North Campus biscan North Miami Beach Transit overlay District Master Plan Grant Edward a interim community development director resolution of the mayor and City Commission of the city of North Miami Beach Florida approving and authorizing the acceptance of the Miami day Transportation Planning organization Miami day TPO Municipal Grant administered by Miami Dade TPO author authorizing the city manager or designated to do all things necessary to effectuate this resolution providing for conflicts providing for scor's errors providing for severability and providing for an effective date item 9.11 resolution number r224 d115 approve agreement for traffic congestion at 163rd Street in biscane Boulevard sponsored by commissioner Fortuna smuckler a resolution of the city commission and city of North Miami Beach Florida expressing support for a collaborative request to the Miami day Transportation Planning organization and the Florida Department of Transportation to prioritize a study addressing traffic congestion at the intersection of 163rd Street and biscane Boulevard authorizing the mayor and city manager to execute a joint letter with neighboring cities providing for distribution and providing for an effective date that is your move to adopt consent second second okay um and all in favor say I I I any opposed passes unanimously thank you all right on to um 113 that we're going to take out of order so let me get up yes ma'am and um we need a motion in a second to introduce 11.3 motion second okay Mr attorney item 11.3 resolution number r224 d118 approve special obligation bond series 2024 for Washington Park site construction Sophia Taylor interim Finance director a resolution of the city Commission of the city of North miam Beach Florida authorizing and providing for the issuance of special obligation bonds series 2024 Parks project in an amount not to exceed $30 million for the purpose of funding the project and paying costs of issuance providing that the series 2024 bonds shall be limited obligations of the issuer payable from non-ad valorum revenues budgeted appropriated and deposited is provided herein delegating the award of the sale of the series 2024 bonds to the mayor making certain provisions and delegating certain responsibilities with respect to the execution excuse me with resp Excuse me with respect to the series 2024 bonds approving the form and authorizing the execution and delivery of a disclosure dissemination agent agreement approving the form and authorizing the execution and delivery of a bond purchase agreement approving the form of a preliminary official statement and delegating to the mayor or the finance director the authority to deem final for certain purposes and approve the use of and distribution of the preliminary official statement and execution of a final official statement with respect to the series 2024 bonds appointing a regist and paying agent providing for the rights security and remedies for the bonds I'm sorry remedies for the holders of the series 2024 bonds authorizing certain officials of the issuer to execute such series 2024 bonds and all necessary documents on behalf of the issuer and to take all actions required in connection with the sale issuance and delivery of such 2024 sorry bonds yeah yeah with of the with respect remedies for the holders of the series 2024 bonds authorizing certain officials of the issuer to execute such series 2024 bonds and all necessary documents on behalf of the issuer to take all actions required in connection with the sale issuance and delivery of such series 2024 bonds making certain covenants and agreements in connection therewith repealing all resolutions and conflict herewith providing for severability and clause and providing for an effective date motion to approve second okay um I guess we've got Sophia to speak on the item okay hi mayor hi commissioner um staff brought this item before you for approval for the issuance of a no more than $30 million bond to fund the Washington Park construction project the details of the bond will be forthcoming as we move forward you know after approval of this resolution then we'll move forward also I have Miss Jolene the Heron she's our bond Council and she will answer specific questions that you may have concerning the issuance um mayor um as you know the Washington Park project is as subject that it's so dear to everyone's heart and in order for the city to move forward with the construction of the project um we've decided staff has decided that issuing a bond would be the most effective way financially sound way to complete this project because the city does not have a capital project fund that we've been building up over the years so we're issuing for the funding which approximately 1 and a. half million per year for um de service over the next 30 Years and I have Jolinda to come up and speak on specifics for this issue good afternoon um my name is Jolinda heing and I'm with the law firm of Bryant Miller Olive and we do serve as your bond Council so this transaction um as Miss Taylor said we're asking you to authorize not to exceed $30 million this deal is a little bit different from the last transaction that you approved when we did the bank loan um for the settlement agreement so in that case it was a bank transaction we knew who the bank was we knew what the interest rate when we came to you this transaction because of the amount of $30 million and the desire to stretch out your payment over a 30-year PE period um the best course of action would be to go out to potential investors out in the market um to be able to get the best rates um on the on the debt so we in the resolution we have delegated certain um parameters to the mayor um that if those parameters are met then we can award and um sell the bonds and those parameters include including an interest rate that would not exceed 6% we just kind of wanted to give ourselves a little bit of cushion we don't think um your rate will be that High um but we wanted to have the ability to do that and that the bonds would mature no later than November 1st in 2054 um and so that is the um Crux of the transaction if there are any questions okay um any questions for the present before because then we need public comment then we can have discussion so um I think before we have discussion here we'll let's go and have public comment M the floor is open for public comment at this time if you wish to speak please come forward Mr Mayor okay let the record reflect no one came forward all right now Mr Trum I think it's a great idea my only question is to the manager if we have have um some grants already isn't the total amount of the Washington Park supposedly around $24 million and we're giving a cushion there and so why aren't we subtracting the seven or whatever amount we have already from that in in the seeking of up to 30 million we're accounting for contingency amount for any unforeseen or overages that might um come up our estimates are based on our engineering drawings but we don't know what the exact cost would be until the uh procurement of those buildings come in um on the agenda you will have one component of the project um tonight um we estimated that the force main um and the sewer project for Washington Park um that's needed to be built in order to build the community center uh our engineering estimate was between two and a half to I think three or three and A5 million the actual bid price came in at over $5 million and so we're seeking an AM to make sure that we can help cover any of that type of cost or um even if we come in within our engineering estimate um once they start digging dirt if they find something underneath and there's a um um unforeseen circumstance or something that might happen uh we have that contingency built in um so that we can we can uh continue to move forward thank you okay anyone else commiss Smith thank you so um let me ask you a couple questions about the bond what would be the interest rate if you did not have to go out to private investors to get a bond right now um what did we do your last one okay it was like three something right so um if you remember I this probably about a month ago um we were before you um on the settlement I think the interest rate I I don't have it written but I think it was about 3.5 can you move the microphone a little bit closer please yes so um if you remember when we did a bank loan we went to a bank for the settlement the interest rate on that was about 3.5% that was before the Fed rate rate cut right or no correct right okay so my question is what would be the amount that we would go to a bank not 30 million let's say it was 15 million or let's say it was 188 million or 20 million what would be the am that you would feel comfortable going to a bank so generally you would go to a bank if you were in the you know five to about 15 million range um the difference is here you can go out um and your debt would mature in 30 years a bank will not go more than 20 years and generally they want to go 10 years and so the shorter your material uh maturity that means your payment on an annual basis will be higher so by stretching it out over 30 years it allows your payment to be lower um something which would be much more um affordable in accordance no I understand that I am very disappointed in the last Bond that we got a month ago MH that it was a 10-year payout and we have a threeyear or 5-year obligation I forgot what I think it's only threee and then we pay a penalty from 3 to six years so I don't want that to happen again here we're going to pay if we don't use the whole 30,000 we still 30 million if we don't it's very difficult to roll that out of my mouth um if we don't use the 30 million then we pay a penalty so would it behoove us to do increments instead of doing it all tonight as the commissioner said we have money put aside we've been given grant money and would it be better because the difference between 32% a private lender 6% is not going to come down dealing with mortgages that's what whatever the bid is that's what it's going to be yeah so we really don't expect it to be 6% I mean that is a very conservative figure but then it'll be 5% and maybe we have an opportunity to get it at 32% and then we can come back whenever more money is needed especially being as the audit just said we had a surplus of $4 to5 million I mean I feel the same way you felt I called him in reference to the $30 million today and said why why aren't we going for 2022 million and then if we need more we can always come back to the plate cuz when the money's there somehow you find a way to spend it Mr some clarification please yeah um so just for clarification if you'll remember um with regard to the on the audit on the UN sorry unassigned fund balance um we've moved most of that money into our CIP um um program during our our budget so we don't just have $4 million sitting in there um or the 19 um that was used on on the budget process um in line with what our policy is that we can invest um those monies in to CIP projects if we're over the 20% the with regards to going back out um once construction starts we're anticipating construction to be completed by the end of 2026 if uh David yep by the end of 2026 so essentially what we would be doing is going out now for a lesser amount and almost immediately going back out um to do it because the contractor is going to be regularly invoicing um um at a certain um um pace and so we would have to have that money available to go in the federal grants do help offset the overall cost of the project but that's in the the total amount of the project because all of those grants are reimbursable grants so we don't get that money up front we get that money after we've spend it um so we I would not recommend going back out immediately after we do it I would recommend going the as um as it was explained the 6% is the uping limit um and it is a very conservative amount I don't believe that um as the comp competition will go um forward someone may say okay they can go up to six so I'm going to offer six but their competitors are also going to want that and that's going to be a competitive market um so you're going to get I think a very good interest rate um that comes in um and as as noted um interests are starting to to go down so I think we'll be favorable but I think if we're going to go out we need to go out once not not multiple times incrementally cuz that will stall the project overall if we don't have that money um available for the contractor let me ask you because my understanding with the conversation with the manager is if we only spend 22 million we still have to pay on the 30 million so that that's where I'm asking if we can have an alternative to what we may need and what we will we can maybe in the future we're talking two years here bis maybe this will help you is there any pre pray prepayment penalty yes you're going to pay for the you're going to pay for so so yes so you will not be able to prepay for um the first 10 years however um in response to your question if you only use 22 million of the 30 million you do have a couple of options number one you can use the remaining million 8 million um um on another Capital project um that would have to come back to you here to your commission and you would vote on that um and then you would be able to repurpose those funds as long as a capital project no it for the same rate for the same rate right correct um the other option is that you would be able to use some of those funds to re um to pay your debt service down pardon me you can use it for what to pay down your debt service right right you would be able to use a portion of that to pay down your debt service the um when you say it's locked in it's locked in at under 6% we don't know what the number is but if interest rates go to 3% or three overall we're locked in at the high rate too don't forget that if it goes down so I I just that's the only question I have because this has to go forward like the other Bond had to go forward but that was not a good deal the city that's six years that we're going to pay for when we don't need the money doesn't even make sense so you I just want to make sure this deal this bond is the best thing for the residents getting it done yeah we're just getting it done well we always say that but we're we're differ here I don't want to mention it to you $8 million we have money put away one question is that 10 million if we if we were sitting on additional funds are we able to invest those funds um you know in a safe mechanism that's interest bearing to offset what we're paying yes you can so in other words commissioner Smith if we're sitting wait minute let me hear how we're going to do that how are we going to do that well I was engineering this goad you were but but you're you're not the one going out with Bond people okay so once we issue the bond we close we receive the funds the funds are invested and as we are paying our contractors or whatever we're drawing monies from the investment account to cover our expenditures so we are investing the funds for the project so it's earning you know interest from day one because I we close today it's invested tomorrow so as we pay out we're drawing the funds from the investment account so we're garnering interest earnings as we move along until we've completed the project so so in other words if if we're paying 5% for it and we have a temporarily invested at 3% then really the cost to us effectively is only the 2% cor correct yes okay that should give just themselves yeah so thank you okay 5 minus 3 is two thank you very much it it's you know it's it's not meant to be an investment per se because we have to watch out for Arbitrage because if we do earn more than you know we're paying it's an interest free Bond or taxfree taxfree Bond so we have to we're earning at a moderate interest rate three three and a half% whatever the market is offering and then we have those monies we're offsetting our debt service pay so in the long run you know we're getting the Washington Park project Built Well that's that's number one important thing but I have to tell you we've been sitting up here for the last couple years two years that I've been up here before that when I wasn't here and we keep talking about the project and yet every time we talk about it it goes up another 2 million 3 million I see how that's the problem but at the same time we have to be responsible because it's almost a third more than we've been talking about putting away we got $3 million from our our representative we we got um another I think million dollars from so we've been talking about and putting away money and now after all that's been done and we have a little pile we're going over by $8 million maybe $10 million on this Bond but just in the conversation of the numbers that I'm up here yeah I understand that so it's con it is concerning but as um Jolinda mentioned that we're able to repurpose those we have several projects that are waiting to be funded so the amounts that are not spent in Washington Park we'll be able to repurpose those funds on additional projects that are currently needed I didn't realize that we didn't mention that Mr manager that you can repurpose the that bond to something else yeah we'll just have to come back and get the commission's approval for whatever project we decide if we have available funding once the project is complet there's no problem with the bond with the people that no problem with that than yeah no I I will say we don't generally like to do that um because we are bound by the rules of the Internal Revenue Service but they will allow that under certain circumstances so what I would say um and you know say to your staff that if for some reason you're not able to use let's document why um whether it's you know you got good construction bids and they came in really low the project went really quickly whatever those reasons are make sure well I I hope we're still looking for outsourc outside funding we're still looking for people to I hope we're still looking for that and uh commissioner may I say something when we did the RFB initially we did have offers for direct placement with banks and their prices were three times higher because of direct placing if they're going to do a 30-year 20-year Bond we're going to have to pay more in interest rate and that was why the reason why we decided to go out to you know bid and post the bond in the open market it doesn't change in residential real estate it doesn't change if you have a 15-year mortgage your payment is much higher but your cost for the mortgage is much lower so but they were doing basis points their interest were based on for 30-year 25 million Bond they were asking for I think it was 4 and a half or 4. 4 and a half basis points it's was really high so that would have tripled or quadrupled our interest payment and private lenders have no points or low points it's the same it's Market driven and since they're in the business of making money um so they're they're going based on the market but they can drive that price if we're doing direct placement they can say we're offering you the money at this interest rate we can take it or leave it or we can go out on the open market and it's a competitive process so we're going to have more you know lenders buying for this loan so we can Garner that Lo lower interest rate where we have more competition Mr Mayor okay I'd say yeah let's let's move on thank you um show us that brevity thing again well listen um commissioner show commissioner Smith what brevity is uh no me and commissioner Smith sometimes we read from the same $30 million comes very easy to you so you don't have questions I have but um but you know what as a result of commissioner Smith's questions I think everyone here qualifies for a uh certification in bonds um so we'll be handing out those certificates because we did learn a lot about bonds right um but the reality is what's been the most expensive cost is not acting on this project that's the reality and I think everyone up here wants to see it get done but this is the one project that I'm you know we've celebrated it over and over and over and over and over um and it's cost and and double it's it's cost double and even more but we but because we've only been celebrating and not getting the work done right so honestly I'm at the point where these numbers pale in comparison to the completion of what has been promised to this community for 40 years for 40 years I've watched people in the private sector people in the nonprofit sector fund buildings that are $60 million out of their own Pockets you know with contributions and donations from Members etc etc and we as a government with a tax base and all of these other opportunities for funding it's 40 years and we still haven't been able to get this done and so um you know obviously the team now you know uh can say well it's not all us it was the team before and the team before can say it's not all us it was the team before but at some point someone has to say let's get it done and what I appreciate about this team is that they're saying look sometimes you just have to go and ask for it okay um because when we thought we were putting money aside we were just recycling the dollar and we really weren't putting money aside for this and now we're at the point where we can't keep kicking that can down the road is that the the term we can't kick the can down the road anymore and this Administration is saying let's go ahead do what we got to do to make it happen we have a ribbon cutting that is set not ribbon cutting I'm sorry a groundbreaking that is set for Mr manager what's the date October 29th okay so we have a ribbon cutting there's no going back um like I said what's cost us the most is waiting and not getting this thing done um and respectfully I'd like to call the question on this this item okay smuckler has a quick commissioner smuckler had something to say but after her I'd like to call the question on the item okay so you know commissioner florman she said we keep on celebrating and celebrating we're going to have two more celebrations the groundbreaking on the 29th and the ribbon cutting and Mr manager what is the estimated time to de December 2026 okay so sometime in 2027 um but um you know so so I see two scenarios here that either because unfortunately everything keeps on going up in price and even though we're we're we think we know what it's going to cost us anything can change from here till um the the construction actually begins so two things could happen either we're not going to have money left over because of the construction cost or or maybe not even enough or if we do have money left over um I know that it's it's big to commissioner Smith we can work on a Highland Village doing something really nice for them with that money so um that's all I want to say but I'm ready for you to call the question ja um so I'm I'm I'm going to call the question money is no longer any excuse for the team second so I'm going to call the question Okay so we've got a motion we've got a second and I have just have a point of Provence after the vote so go go ahead I'm sorry was there something you wanted to say no just Appo of Prov after the vote okay all right so um all in favor say I I I any opposed passes unanimously okay thank you he wanted a point of oh I'm sorry no no okay so when we were because we just so so we can get a little bit of history when we were going back and we're trying to figure out how we're going to settle or resolve the whole um water issue which I think it was a like that was a tough deal a tough pill to swallow in regards to you know how we're going to service it how we're going to pay for it and I'm glad the team came up with that idea and from that idea I reached out to them I say well we can finance that why can't we Finance other capital projects and so I'm glad they took that initiative and finally the money is secure we will be getting you know we'll still be going out trying to get additional funding from whoever is willing to support Washington Park and and North May beach in general so I'm just happy that we're that as M Flor might Point pointed out that we do not have money as being an issue that we're going to get as much money as needed to make sure this project finally gets completed thank you um Mr Mr Mayor may I follow up on the commissioner's Point sure um commissioner Joseph's Point um just on the record I just want the manager to say well well no no let me let me rephrase that on the record I'm going to ask the manager a question and I want him to answer is this project fully funded at this point with the bond um yes we have everything um based on our estimates and even some contingency to do um in there could something else come up but we feel that we have enough to fully fund that project and to get it underway built and have a ribbon cutting so that the community can begin using the facilities thank you thank you so much thank you so much [Applause] okay so now we're going to move back to 101 um so we need a motion to introduce ordinance number 20242 I need a second second oh second thank you okay Mr attorney 10.1 yes mayor 10 item 10.1 ordinance number 202 24-12 second reading the offices of nmbl LLC request for zoning uh map Amendment Edward Ang interim community development director an ordinance of the mayor and City Commission of the city of North Miami Beach Florida approving the resoning application to allow for an amendment to the zoning code map from rm20 23 excuse me RM 2023 residential midrise multifam high density District to B1 limited business district for Parcels located at 17033 and 17051 Northeast 20th Avenue providing for the repeal of all ordinances or parts of ordinances in Conflict therewith providing for severability uh codification and for an effective date motion to approve second okay um first U Madam clerk Jennings disclosure Jennings disclosure forms were received from commissioner Jean per resolution r95 d24 the subject matter of any ex party communication together with the identity of the person group or entity making the communication shall be disclosed and made part of the record on file with the city prior to final action on the matter so we'll start with commissioner shernoff none that I know of and I can keep a open mind what I hear tonight commissioner floron stepped out for a moment oh sorry commissioner Jean she had the form right oh she did a form commissioner Joseph go jump on the mic man go mic for the mic can you repeat the the item one more time so for the record yes we're on item 10.1 this quaza judicial item and it reads the offices of NMB LLC requesting for zoning map Amendment and we're up to the Jennings disclosure to the best of my knowledge I have not spoken to uh anyone about this matter and I can make a decision based on the evidence presented to me this evening thank you commissioner smuckler I spoke to the city manager on this matter and I can make a decision on um based on the information I hear here tonight vice mayor Smith I don't believe I spoke to anybody on this manner and I can May certainly make a decision based on what I hear tonight thank you mayor Piper um best of my knowledge I've not spoken to anybody on this project and I can make decision based on the information received tonight okay thank you um and now we need to swear in the speakers Madam clerk okay if you plan on providing testimony please stand and raise your right hand members in the audience none okay do you Solly swear that the testimony you're about to provide shall be the truth the whole truth and nothing but the truth so help you God in your responses I do sir your response I do thank you okay Mr ring thank you mayor commissioner uh you recall that item was before you last month at well for office of n&b the reason why normally you hear quad additional item one but you are hearing the second time is because under the way our ordinance are uh um or city code ordinance written you have to hear the resoning twice uh uh um so this is why unlike a plan approval you're hearing this the second time uh the quick refresher this is the uh the folio number 07229 6503 and 0722 0965 two uh these are two properties at 17031 and 17051 North East 2th Avenue right behind us here in City Hall and the request is to um change the current loaning from uh RM 23 with is residential midwide multif family into a B1 limited business district um where the current existing land you throw two residential triplexes and the future land use designation is an office building um that was previously heard by the planning anding board uh and move for uh recommendation of approval to the commission by vote of 7 to Z uh you'll see in the map uh currently it's R23 but it's surrounded by um residential office um but the future land use designation for business so the RM 23 designation that you currently have is actually and Zoning is actually inconsistent with your future land use designation uh what the uh owner wants to do here is really come in and utilize the property at the title property which is very low intensity uh uh in use uh the reason they apply for a B1 instead of a residential office is if you rezone it to a residential office for the Youth they're trying to go for that would also uh involve another four Monon process on top of this for a conditional use for their business uh on top of the resoning that we have at this time uh as with all resoning there are certain conditions within the the code that will require to review our staff on your behalf and that is whether the proposed change will be consistent the goal objective and poliy the city comprehensive plan establish neighborh hand pattern that it doesn't create bot zoning or altery pattern or uh um you know um uh um create that inconsistency and rather we found uh in our review that because you have a business designation di menion you're bring something with this resoning that is inconsistent with your future land use map and your comprehensive plan to something that would be consistent um the a before the board this evening or to either uh uh move for approval the resoning on second reading or move for denial uh the applicant is here do you have any questions and staff Happ to answer anything that you may have questions on as well okay um anything but we need to public comment before we get too deep into it so um all right is um Madam CL CLK is here no okay um yeah we can do it here she is and you have Jennings report from oh you were missing one Jennings yes okay all right Madam clerk so we've got we're missing one Jennings and then um we need public comment commissioner FL one to the best of my knowledge I've spoken to no one on this particular item and I can make my decisions based on the information I received this evening thank you okay public comment public comment is open if you wish to speak on this item please come forward okay a direct reflect no one came forward public comment is closed and um any comment from the Commissioners good luck thank you very much thank you say say good I think it's an addition okay all right um so we have we do have a motion we do have a second I think we just need a roll I think we just need a roll call now roll call yeah yep commissioner shanov yes commissioner floron yes commissioner Jean yes commissioner Joseph yes commissioner smuckler here yes vice mayor Smith yes mayor Piper yes the item passes 70 okay congratulations thank you thank you very much thank you everyone okay Mr Mayor move to introduce resolution r item 10.2 resolution number r224 d116 approving or denying variances for 174 shops uh Edward Ang interim community development director a resolution of the mayor and City Commission of the city of North Miami Beach Florida approving or denying a variance from section 24- 52 D5 to allow for a minimum pervious area of 13.5% in lie of the required 20% approving denying of variance from section 24-12 A1 to allow for a 0.0 feet landscape buffer where 5 ft is required approving your denying of variance from section 24-12 [Music] b1a to allow for a 5 foot 6 in landscaped Island in Li of the 10 feet required approving or denying a variance from section 24-1 122 b1b to allow for 10 contiguous parking spaces between landscaped area and L the required eight parking spaces approving or denying a variance from section 24- 52 D1 to allow for a lot area of 1.28 Acres 56,0 Square ft in lie of the required 3 acres approving or denying a variance from section 24- 52 D3 to permit a front setback of 8 11 in for building one in of the required 25 ft approving or denying a variance from section 24- 52 D3 to permit uh to permit a front setback of 5 feet 8 in for building two in lie of the required 25 ft approving or denying a variance from section 24 4- 52 D3 to allow for a rear setback of 0.0 ft for building one in lie of the required 20 ft approving or denying a variance from section 24- 52 D3 to permit a rear setback of 0.0 for building two in lie of the required 20 ft approving or denying a variance from section 24- 97 to permit the allowance of two loading spaces during off business hours only proving or denying a variance from section 24- 95b to permit the allowance of 80 parking spaces in lie of the required 104 spaces required and approving or denying the site just sorry um site plan application approving yeah approving or denying the site plan application with conditions for the construction of an 8,837 square foot phase one 11,160 square feet Phase 2 and 3,426 square feet phase three shopping center composed of two buildings totaling 23,4 26 Square ft 11 independent bays and 80 parking spaces located at 17450 biscane Boulevard providing for findings of fact confirming expiration and limitation of approval okay providing for conflicts and providing for an effective date okay that was a mouthful thank you all right um Madam cler Jennings for resolution r95 d24 the subject matter of any ex party communication together with the identity of the person group or entity making the communication shall be disclosed and made part of the record on file with the city prior to final action on the matter commissioner shernoff none that I know of and I can have an honest opinion of what I see tonight commissioner floron um I haven't spoken to anyone on this item and I can um base my um my opinion and um vote on what I've seen and heard tonight thank you jenning's disclosure form was received from commissioner Jean commissioner Michael Joseph um to the best of my knowledge I have not spoken to anyone about this particular issue and I can make a decision based on the evidence presented to me this evening commissioner smuckler I believe I spoke to the manager on this and I can make my decision here tonight based on the information I hear tonight vice mayor Smith I spoke to the manager and I can base my opinion on what I hear tonight mayor Piper yeah um to the best of my knowledge I haven't spoken to anybody on this um issue and I can make my decision based on what I hear this evening thank you okay thank you and um again Madam clerk please can we SAR in the speakers thank you do you somly swear that the testimony you're about to provide shall be the truth the whole truth and nothing but the truth so help you God in your responses I do thank you okay Mr Ring y mayor Commissioners uh we have the applicant this evening Martine do you want to present first I have your presentation up from uh from caller so you will present first and staff will follow yeah if you if you present F than staff will follow yeah I'll you be a m this from you're going to have to use the screen on this one it's touch screen yeah no I touch screen here up and down okay good evening members of the council thank you for oh good evening members of the council thank you for having me tonight again um tonight uh I would like to present um the project that we are proposing for 17450 BC Boulevard sorry ah Martin shamal 2150 Northeast 38 Avenue Aventura um okay so we prepared um little presentation here okay so in the slide why is not it's not showing on the screen I try to bring it up do I need to do something on the screen so it shows it's not mirroring it's going the technology wise mayor Commissioners uh how about this while we try to work through the it aspect of the applicant presentation uh staff will conduct our presentation is that okay with you that's because for Tim liit purposes uh the D for you you have um uh applicate uh site plan approval with various of uh uh um items for 174 shop that 17450 b j Boulevard the folio number uh in question is 0722 0999 uh as you see from your agenda packages uh it's that very narrow sliver of land that's next to the FEC railroad tra on the Eastern side of the track right across the street from uh Marina Palm uh for the general public that uh we pull items up that's uh where you approach 172nd uh heading east towards uh Marina Palm is on the north side of that intersection the request for N9 and S plan approval for a shopping center with 20,000 uh uh uh 23,400 ft uh two buildings on the north and south side with uh with based for 11 independent retail Baye so up to 11 uh uh small resour shop there and 18 parking spaces um this is contemplated as a three fake project by the applicant uh with the building at the South End uh just about 8,800 Square fet uh at the South End of the lot being the first phase the north phase uh being a phase two about just over 11,000 square ft uh a building at the end and of course as you see in the plan on the phase three if approvable in the future for 3,400 Square ft at the second story that's a third of the footprint of the uh uh building on the uh north side it was re it was heard at the Planning and Zoning Board uh um in uh August uh the item for Flight Plan proven variance 58 Z for recommendation of approval um current doning is B2 um and um with that I believe if uh uh uh um you know there are several variant that's being uh asked for here the uh the variances uh include uh really setbacks uh the front setback which you know all from your packet being uh 5 foot uh 8 in as opposed to the customary uh uh uh uh uh feet um the uh and the thigh variant and the uh rear setback variant as well um the um there's also aspect of uh R request for the previous area that is the result of the nature of the site being thin uh uh in the manner that it is and uh the applicant uh the first variant is the applicant is seing a non-us variant to permit the allow of minimum area of 13.5% and lose the required 20% the second variant is uh to have a non-use variant permited allowance of a Zer foot landscape buffer with 5 ft as normally required uh the dirt variant has to deal with how the parking are um it is structured normally within our code and did something that the planning and DB had a lot of questions on so I'm going to take a when to explain it further um within our quote when you have a lot of parking lineup in a row it's written in such a way we're suppos to have Landscaping Island and between a certain number of parking spaces and that kind of breaks up the amount of parking and one continuous row because we're trying to get the applicant to provide the necessary amount of parking space going for like a parking variant um it would either provide for a parking variant to reduce the amount of spaces or ask for variant to uh where you don't have that Landscaping Island that we normally have require rer code and that's where um they are looking to keep them the Landscaping in order to keep them of the existing trees that are on site but instead of the normal 10 fet they're asking to reduce that to 5' 6 in um but that's where variant 3 is a little bit different than what you would expect um variant fors internal Island um again that's um kind of reconfiguring so that instead of eight bases is 10 so tied again also to that aspect I just talked about with the parking um they're looking for a lot area uh variance as well which given the size of a lot it's 1.28 acres and under your current regulations on our current regulation you need three acres to develop a site so without variant number five you can't really build anything on this site at all um variant number six the front step back variant they're taking non step back of 8T 11 in where the C require 25 ft um and uh uh on one side and then uh for the north side and then 5' 8 in for the where 5 25 ft there's a rear setback variant where normally 20 ft is required they're seing a non-use variant to permit a rear set back of Z feet 0 in um oh good that that's up now sorry so let me continue on just finishing that item then we'll turn to the applicant uh thank you for your patience with staff on this uh the variant number eight had to deal with um a loading space variant the applicant seing non allowance of two loading spaces off business hour instead of providing a separate loading space they're proposing to use existing parking spaces but part of what staff discussion with the appli was the commiss uh the commission were to Grant the variant that strongly recommend that the condition be that you have to make their loading zone during very specific times of the day when you normally don't need that parking so they are hour of the day when the businesses are closed for example and that's when uh the loading uh has to occur um there are a question from the planning and doning board uh to relay to you on uh uh double checking uh uh asking staff to double check on the um the furniture store component of it uh we did check with the applicant and for the record in relation to this variant we have to note that um uh they intend to just have a showroom and not uh a place where you normally like when you sell the furniture you you know it's coming from a warehouse from elsewhere so you don't they don't intend to ship the furniture from the showroom and therefore that makes done from a loading space standpoint um let's see uh the variant number nine is uh the parking variant on we we are looking at U 80 SPAC in out of 104 spaces and condition with uh the other variances if the other Varian weren't granted the number would be even lower than 80 and those are the variances in place here um before this evening either move for approval or move for denial um there are certain type time condition applicant must request must address any requirement from fdot on access management uh because this long BC Boulevard um we had a condition for the applicant to provide a letter from SEC railroad we uh had a lengthy discussion with uh FBC and they apparently don't provide a letter so we have an email chain that satisfied the condition uh and we presented that to the planning and doning board as well as meaning conditions set up by set by staff and the applicant will need to commit to provide an updated traffic impact study and uh for that intersection at uh 17 second and at r60 Highway after construction of the project um and with that uh feel all right with the commission will turn it over to the applicant uh for to do their presentation and and then answer any questions after okay thank you thank you very much Ed for the presentation um I would like to um go into a more graphic depiction of some of these variances and the project itself so in the screen you can see the the S plan of the proposed project um on the left we have phase one it's a 8,800 square F feet um building with the potential of being subdivided into uh five different Bays um we have a parking field in between the two structures and then there is in the northern end there is phase two uh for the ground floor and phase three for a second floor over the end Cup on the northernmost portion of the site in regards to the Loading variance request the loading area variance request which is um the idea is to segregate a certain amount of parking spaces on each side of the parking lot and provide a um parking uh commercial uh loading zone during off hours of operations that this would be um implemented via the rules and regulations of the shopping center uh we don't foresee to have uh retailers that uh have a high use of the loading areas most of the interest that we've had until now are furniture stores and um and some uh other low impact um uh services so we believe that this could uh satisfy the demand for the loading area for these commer um this is a zooming into the phase one building this is the phase two building has a courtyard we're uh allocating a small portion of that space that potentially could serve as a coffee coffee shop a small 8 844 Square ft shop coffee shop to activate the shopping center um facing that courtyard this is area of the current conditions where you can see the old STP Club on the parking lot this is the proposed where you have the two end cups on each uh bracketing the the parking field on each end of the property this is a elevation seen from biscane Boulevard of the south building and this is the same building looking North also from uh bisin Boulevard this is phase two of the northern buildings um where dep pict the um North End Cup being a single story and this is the same building looked seen from the south side it's missing okay so um pH phase uh three basically is that portion over the uh Square on the North End of the uh project which would look like something like this and the idea is that basically that box which simulates a Frid standing box where is a single story or a multi- story meaning twostory building would only be used as a single tenant the idea is that we foresee this to meet the requirements of furniture stores that need a larger footprint but they have very low intensity so this would not affect in detriment of the um rest of the uses in regards to parking and that's the same view of uh the building uh with phase two in in its place so if okay all right sounds great um all right so before we um have commission questions we U Madam clerk public comment yeah for sure public comment is open if you wish to speak on this item please step forward for your information there is a three minute time limit yes please state your name my name is Todd Kissle uh mayor Commissioners forgive my attire I I didn't have time to get home and change um so I'm I reside at 17111 biscane Boulevard uh it's right across the street uh from this potential project I am the President of uh Marina Palms At 17111 biscan Boulevard uh I've been in contact with Martin Martin has uh shared me all the plans uh we were very much in favor of this it's uh very much consistent in its design with the other project they had done on the uh on the south side of 172nd Street and um you know it's a beautiful piece of property we're very much in favor of it um in addition uh I did speak with Martin and he said he would confirm that in this meeting that we would ask and uh kind of require we'd like to have them have lighting uh from Dust to Dawn uh and and uh around the property around the outside and the parking he said he would uh commit to that and in addition uh we are very much in favor if a restaurant could be put in of course a certain quality restaurant not looking for a fast food restaurant or something like that he said that he would agree to many of these terms um and and and and he has the full support of uh Marina Palms At 17111 bising Boulevard and I also confirm with uh my of the board members and and they're in agreement as well this is not myself coming here I represent the building and and we're all in agreement thank you do you represent both buildings or no I represent 17111 one that's the south building also uh uh hor jorgei who is part of the master um there are two my master board people he's in favor of this but I he's away so I couldn't get in touch with the north board member but we presume but I don't want to take responsibility for their thoughts I can only tell I represent the south building thank you okay thank you very much that was good of you to come out all right any other speak speakers Mr Mayor okay let the record show that no one's come forward and public comment is closed all right commission discussion first thing before we start um your property to the South where where cookies is where they don't sell cookies right um so is that architectural design of that building going to match the architectural design is it going to look like a continuous thing with the road in the middle or is it going to be completely different yeah no as a matter of fact uh that was the intention to maintain a uniform architecture language it's not identical this is more suitable for this partic for the particularities of this site which is very constraint it's very narrow but the intention is to maintain the proportions and the architectural style so yes okay great anyone else Mr turn off good evening um the the Plan before us is very nice it's a considering what what's been there for the amount of years that it's been there now you're going to make it a nice thing my concern is the number of variants that you're asking for and I understand the site is a problem by itself to develop it all so that's where we come into so many uh variances but my biggest concern is the parking okay when we limit the parking variance which calls for 110 spaces take 80 or 88 whatever the number is that's a big difference of parking not being there I understand you're sitting here and telling us that you're looking at a furniture store but what happens if you get 11 different individual people that want to rent it then you're going to rent it to 11 different people and you're going to have 11 businesses that want parking and it's going to be to your hindrance if they can't park their cars they're going to you know people aren't going to go to the stores if the people don't go to the stores then the stores can't pay rent and so on and so forth it becomes a circle of you know um the bottom line is you want to discuss the parking I would like I yes I appreciate the question and and it's uh a very important one so when we when we started designing the site plan if you look at Phase One and phase two which is basically the ground floor uh model of this design um we basically fulfill of the parking requir requirements on site so basically exactly 20,000 Square ft of retail parking code requires 4 per th000 we're providing 80 parking spaces no Varian is required no issues with parking now when we started looking at the analysis of why we would like to request a variance we approached the the city and we made different analysis and the City of uh North Miami Beach has a I wouldn't like to say obsolete but has a dated uh parking requirement code for example the well be careful our newer one's worse so no no but this is specific to certain uses like when you look at the um at the description of of the uses on the retail a Furniture showroom specifically cited as retail use therefore requiring four parking spaces per thousand square feet we looked at the it manual which is the manual used by Traffic Engineers to allocate parking requirements and and so forth and so forth and the um large amount of other jurisdictions like for example Palmetto Bay or or or other municipalities do have a parking for a parking designation or requirement for showroom um spaces that is much less intense than a regular retail uh and the it calls for one parking per th000 square ft for a showroom for a Furniture showroom so what we did when we are requesting this this variant was to analyze the worst case scenario under the existing parking code for retail meaning we have an allocation for a space for uh 8 for a coffee shop that is 844 parking spaces there is not a park a a specific description of coffee shop in the code so we go by the next category that would be food and beverage would be uh casual dining which was 15 parking spaces per thousand so what we did is we accounted how many parking spaces we would need for that space that right now is going to be approved as retail but if we are going to be successfully en leasing that small space to a coffee shop instead of coming later on and request for a variance on the parking requirement for that particular tenant we would like to bring it forward now ER in regards to the calculation for the second story if you if you look at the parking requirement for the 3400 Square ft on the second floor that's that is the different of the 24 parking spaces we are asking the variance for is for the use of the coffee shop and for the additional square footage on the second floor of that square there is no independent access to that second story so if we are going to build it is because we already have it Leist to somebody that needs those two stories that space if we Leist it to a regular retail would be in detriment to us because we would be left with no allocation for parking for the other uses so we would not even build it that's why we face it because we first going to decide if we lease it or we don't lease it then we build it or we don't build it we're going to go most probably full-fledged on the project and we make a decision of where we build the phase three or not early on on the stages but we wanted to have the freedom to go and and approach those tenants with that space without having to have a least contingent to approval so that was what what we're thinking of doing uh but the but the shopping center as as it is without the Second Story fulfills all the parking requirements on its own merits okay so another question is is that how are you going to deal with signage for the 11 spaces you have so if you look at the renders can you put the images so if if you look at the renders each of the stor has the potential of having a banner a sign a channel letter on on the on the storefronts those storefronts are really really where the white and the gray is well actually you see it says retail 05 retail 01 on the transom that sits around for 13 ft high is where we're planning on having the independent signs for each of the stores now if the location is list all of it by one tenant then they may be limit by the amount of signs that they're going to have if they're leas by instead of one it's two tenants that merge different Bays they will have those those signs as allowed per code but we are foreseen to have them as you can see in Aventura Square in in on the storefronts because these are very high buildings these are 23 24 ft High okay Ed the what he just said about the sign so you would make it uniform on all the units right we would uh actually suggest that if that's a concern to make a condition that it would be uniform across the the um all of the uh frontes and you'd also make excuse me our ordinances would also make it clear on the glass what they're allowed to do with the glass the glass is a little bit different um because those uh are considered window signed as written within our code and you can't go above certain uh uh dimension including 25% coverage uh but in terms of how our quote is written commissioner there um are it's a little bit more loose in regulatory nature than uh the building sign that's written within our code okay another question do we have the ability to limit at all what tenants go there you can do that as part of conditional approval for that uh uh if the com if the commission so wishes uh otherwise we will be bound by the limitation correct yeah our code written yes okay thank you Smith thank you so it's about time that we have something there that's nice and thank you so much um we've seen your work so we know already that you yourself don't want anything less but my question is that's our Gateway coming into our city so exactly what my fellow commissioner had just requested I feel very strongly that the signage even though it's a very tall building has to be uniform that somebody can't have script and somebody else have lighting and somebody else I feel that it should be uniform whether you make block letters or whatever you do they can have their name for sure but I feel that it should be uniform as well the other thing I wanted to ask Mr n is who is going to monitor that they are not having delivery trucks come during business hours who's going to do that we will rely on uh coordination with PD uh dwell random checks uh on the property uh you aware our commissioner we do not have the Staffing or the training to have code off that night but we will uh have to uh coordinate accordingly um I think that that is an important part but I think it has to be enforced because that's such a busy quarter right there that's a very busy if you watch them come down are you going to also have offices or it's only no offices at all because that's a concern about again the parking um like the other commissioner said if there's not adequate parking it's only going to hurt you so we have to we are aware of that for sure this isn't your first rodeo is but it's concerning because that's one of the things we're voting on tonight is parking very concerning yeah um I want to bring up a few things so in regards to signage I I don't know why you're concerned about consistency when we're not showing something to be all over the place but I don't feel comfortable offering you guys today a commitment to control for example the fonts on the S signs or the colors of the signs shall tomorrow come Starbucks and I may have to tell them that they cannot L because they won't sign on a different uh type of what they usually have as a standard and you guys are imposing a limitation that can hurt all of us here by trying to regulate something that is not normally regulated on shopping centers I have I have an interest in not allowing this to be a um flea market okay this is one of the most desirable sought after res retail locations throughout the corridor I think that we all have the be the same interest here to see the best type of tenants that we can attain to operate this at the highest standards that we can and I think that we proven with our other properties that we do what we say we will so in regards having the support of Marina Palms is not a small thing for us because when we have started the Rel relationship with them was on the opposite side of the table and one of the things that I learned from that experience and it was the conditional use for cookies was that I don't need to wait until the last minute to bring on board the people that are my neighbors and bring them over and work with them on the early stages of design we work with the city staff we work with Community we engage them very early on and we engage all the neighbors and invited them to participate on on our processes I think that this is uh an amazing project for a very difficult site I've owned this property for almost 12 years it is extremely difficult to do anything we went evicted a tenant that nobody wanted we went ahead we had that building vandalized and we have all sorts of on issues with bants and and and and dagging of the building and we've always worked hand on hand with the city it's about time that we see something that the city deserv and this is an amazing Gateway project and to make even more of an enhancement of that Gateway let's try to work with the fdot on our abiding property to see a park and see some sort of grand entrance feature on that main entrance to a city of North Miami Beach which is 172nd we will build this bu beautiful buildings that will mirror on each side of the entrance and we have a possibility to do something unique here I I really don't foresee let me say one thing no good thank you for whenever there was vandalism on the existing building you were quick to take it away and we appreciate that you're welcome also he maintains and that grass so we don't have a whole thing of weeds and he has maintained the property the thing that's disc Discerning about it is we're here now trying to change the city that that's really been our gold Economic Development I've been pushing and going to so much stuff to bring economic into North Miami Beach and you know sometimes like Publix which has a look that they have to have they'll change their look cuz they want that location they've done it and they will do it the thing that is possible and that's unforeseen but it's possible that it could be where it's not as appealing because this one wants this this one wants that unless there's some kind of Regulation of how big the size can be we have to have some kind of Regulation that's something that needs to be worked because that's a main focus of the building I agree 100% if you sit here and look at it you don't see the Windows like you see next door of course we're we're looking at a small version instead of the tall version but um they're going to yell at me for taking too much time so that's some point but the second thing is some I mean that's the way it works I understand um is the restaurant so I was on the CRA board when you came to us that you had to add uh you know additional Construction in case you could get a restaurant into one of the two properties already built so are you planning on the construction to have that part of your construction interesting very interesting so right now this project does not have a restaurant component to it it just has the space for a small coffee shop that's what I see okay but shall this project be approved today tomorrow if the city believes that this could be a suitable restaurant location I will direct our Brokers to search for the right partner there for the right operator and I will present it to Marina palms and if they are in agreement with this user I believe that that was going to end up being a second application for probably I don't know a variance for parking requirements because that's going to be specific to that use I have not run the calculations on that yet but we would love to see a restaurant here but I think it's going to be the second phase because I first need to tie in one of the big buildings to a furniture store so I know that I'm releasing some of that pressure on the parking lot well I I happen to say thank God you're bringing it and I'm appreciative it's a Gateway Landscaping everything about that building has to be something where people are invited to cross over the railroad tracks and come into North Miami Beach that's been our goal here and that's what we want and that's why it's Discerning about having a freelance not necessarily you but the tenant to have the whereas you can use us as the bad guy and say I would love for you to have it to be from the floor to the top like you can't use the words aventur so if they want to call it aventur furniture store they cannot but at the same time if they want to go from the bottom to the top we don't restrict that for us yeah we do it's in here no we don't yeah we well yes we do if you read it it's right there in the thing we restrict we have a condition where you can't uh of course yeah where you can't have certain name so we want to you know uh you'll see among uh other uh St plan approval that come before you where say they can't use the word Aventura or Miami Beach uh for North Miami Beach you and you can't even you can advertise that you're next to it and you have all this wonderful abilities and it's been in every one of our ones that we've passed since I've been here so the thing is is that I somehow we have to get together on what we're going to do with that because it has to have something but I am not fully understanding what is it that you're proposing in regards to um consistency or or um I I don't fully understand what is it that you like we have a bad image that has nothing to do with you or your building we meaning me so if you go down 163r street and you see what we're trying to change we don't want that same ability to be on anything new that's constructed but let me interrupt you one second on that just something to to keep in mind so if you take the Jefferson Plaza project um and you look each of the like Dunkin Donuts has their logo sign there Smoothie King has their logo sign there it's very you know Chick-fil-A has their logo it it's very clear that it's uniform the whole property and the the logo signs don't detract in my opinion from the overall good clean look of the property and it allows those type of tenants to go in there where they might not order narily do so I I happen to agree with you except that I find this to be exceptional property yes I find and that's why I'm very going to be very lenient on my agreeing to all of the variances because it is exceptional the fact that you can put something there that will gain you um a part of your portfolio for the future with your beautiful children yes but it requires us to also look at it with a different eye um not to be harsh not to be harsh I mean it has to have some leniency let's get a professional opinion from Mr R what do you have to add um thank you mayor uh at the commission was uh speaking about sign and decides we do want to uh uh remind the commission that under 24-1 147.120 uh you can't have a sign taking more than 75% of the width so there the the edging that need to be on the sign in that Frontage and for each individual storefront the amount of square footage of that sign at you know measured when they come in for the time permit is based off of the length and for a one-story building it is one square foot per linear feet of Frontage Bas for that particular storefront so there is a size limitation already in our code okay okay that you know the sign don't get out of control right that that's where and again that's what I was going to bring up that the code already has kind of a platform or a framework for us to work within certain guidelines and it's not the same if the building is completely leased to a single tenant therefore he has one sign so there's certain requirements that would be that would be very nice but but what I'm saying is we don't want that you mean like a where they say doctor offices here and targets no no no no no no well the there is a total amount of square footage that you can put on a certain yeah he just front Okay so I I I have I would like you to trust me that given that this is one of the most important properties that I'm going to ever develop for now and that we have gone way above and beyond what everybody else is doing on the market including properties that are better positioned like cavena in on IES Day Road and bisc Boulevard probably the most prominent intersection uh on this Market they are not doing this project we have Windows on the on the back of the property we have put Windows on the back end of the property nobody has done that ever this is a numbers game you have cost of construction cost of land and rent and you factor as much as you can so you can increase your cap rates we are giving much more love than anybody would you're build 24t High building I don't need to do 14 foot clear windows uh everywhere with trees and tree Colones Pier piercing through my canopies I don't need to do any of that I will list this for the same amount of money not $1 less we do it because we have some pride in what we do and these are long-term holds no you can see that you're looking for the longterm you can see that the investment is not something you're a Fly by Night what I'm you know I only have about 95% of the code memorized so thank you for reminding me about that part but uh that that's keep in mind as you do all this that is our gateway to the city I mean the the whole cookies you know many calls we've received from that that that you know and then you were kind enough to let the people know that it's not cookies because the children would pass them B to go maybe we can include this property on the CRA and get some funding from the CRA because it's the Gateway and make it amazing I think it's time to keep moving here okay commissioner smuckler um okay so just as an FYI Pembrook Pines has an ordinance about signs especially colors but unfortunately we don't have that ordinance so there's not much that we can do about it but I do remember a long time ago and I and I believe the Planning and Zoning director ctor was Chris Hyde at that time I think that was his name Chris Hy it was Chris Hyde well I I know that's his name I just it's not sure if I'm talking about the right person but um I think it was with Chris Hyde that when they had buil it and it's no longer there that that Walgreens on bis Kane and 151st that um you know Walgreens has the the the same cookie box style everywhere and he refused to allow that and he they actually Walgreens had to build it a little bit differently but but it had a Walgreens sign on it when it oh no it had the the logo was there it wasar saying they it was a Walgreens but yet they had to do whatever we said they had to do right it was Tastefully built it was Tastefully built but still had you know logo signage yes it logo signage to say that when you tell a major company they can't do something they can't or you know it's not it's not their why would it's our way we do that okay no I'm not is there a vision that you guys want to share with me that I'm not seeing that there's a like there's a pattern that the city wants to implement some colors no we we haven't gotten there I guess we're we're all just talking now out loud but maybe this is something that we all need to do in the future we're just trying to make sure that um it looks good but but um um how how what is the difference between the the two um buildings in size the yeah the space in between the parking area uh you're probably going to have like 200 ft in between the buildings 250 300 in between the buildings yeah I don't have yeah why don't you look at the uh you can see the yeah wait wait wait let me you got you got competition man blurry here like 400 ft approximately so it's bigger than a football field buildings wow okay so what what I'm I'm looking at the picture of the park area that's here it's I I I see a lot of trees and I'm just wondering if and and of course this can all change this might not be what it you really what it's really going to be but the trees on biscane Boulevard or the bushes there and maybe I'm wrong but I see it more like of a security issue where it's it's it's not clear on biscane Boulevard to it kind of hides especially at night time and makes a little bit that's the way it is now right but that's not the way it's going to be later well it's Square well this is the picture that I'm looking at I see I'm looking in in the future I just see in this picture I just see like it's more of a security I I just don't want to see that many even trees would make it look prettier because it's a long bisc Boulevard I see it more I'm looking at the security concern of of having too many trees and too many bushes where someone can hide or someone cannot see especially off of biscan Boulevard if something were happening there that's and I I think um M Mr Ring isn't um police one of the Trad review yes right so police is one of the Trad review uh components correct uh yes sir so in other words they if there was a security issue being created they would flag that and but they'll flag that now or PD would have flagged it as part of um it review uh because uh uh PD actually had a representative on the uh technical review of application uh committee a TR committee uh um but that's already done that that that was done uh several months ago and we op in by the way we opt it in on the not trespassing program so they have the right to go in there and enforce it yeah okay so so the the sign I'm going to go back to the sign said it was going to be a minute I never said that actually like I really didn't so um so the signs they're going to be on on the on that top part of the building I guess sign the sign bulkhead yeah we're proposing to install them on the transoms of the storefronts it's a very clean modern look tops no no no no on on the the right there oh here it says retail the trans of the bulkhead is the fixed glass above the operable doors right it' be the higher part of this front it's going to be two stories up in the air 23 no but no but the the transform is around the door's the door's about 78t high and then the trans no no it's we're talking about the storefront no but how tall is the whole building in one story to 20 23 24 ft so that's like a two story building but the sign's not going to be on the top the the sign's going to be here it's going to be yeah it's going to be probably at the 10t level maybe or I thought it's going to be no it's on the storefronts do you have shall I go back to the renders he's saying yeah let's see a rendering let's see a rendering of this right there it's not going to be on the white and gray you see where it says retail 05 it's actually going to be probably a little high it's going to be a little higher than that but it' probably be in that about area right yeah that's yeah that's intention yeah I want to withdraw my objection okay so now you're good okay you beat them up for half hour you're good where are the going to be on the white where are the employees going to park we don't have the we don't usually designate parking unless we have an issue with parking where we start to have a real issue we do not designate parking for employees in the shopping center we had an issue once with cookies where they were parking in the in the front row and we asked them to put the back but it's not on the code rules and regulations we don't want to implement that unless there is an issue okay so um the good part about the coffee shop is that most likely you'll get the people from across the street all those buildings so they'll just walk they probably wouldn't even it would take too long to even drive there than than walking there so that's the good news that it wouldn't use up so much parking space if you were to do a restaurant then that's another problem but at the end of the night that's your problem not our problem because nobody can really Park on biscane Boulevard correct which by the way Phyllis you say there's no there's a lot of traffic I'm came Boulevard look there's only one car so so there's not that much traffic um so we're we're giving them they're asking for four variances uh uh commission I believe it's eight variances oh eight oh I counted four here okay that's that's even double and are we giving them any administrative waivers uh no administrative waivers apply outside of the mix District because it the B2 not they are not eligible for any thank you um okay can you complete the parking in the first phase sorry can you do the parking the whole parking in the first phase is is the intention the the idea of the first and second phase ideally we would like to develop all simultaneous but there is a possibility that we do it for financial reasons on a first and second phase I may not be able to do 100% if I segregate the phases I may not be able to do 100% of the uh parking lot uh all at the same time because it may hinder my ability for like connections on utilities and on yard but uh if I do phase one on its freestanding I will have to comply with the parking requirements for that allocation of that building otherwise I won't be able to get a CO all right okay you're good all right commissioner Joseph see if we can call the vote are you ready to call the vote okay no I think commissioner John has something to ask first thank you so much I thought we were bu building the Taj Mahal or something tonight way this discussion is going but I do want to thank you for bringing this project and for um testing your patients tonight as well the question that I have is um have you considered any voluntary profit for any Community benefits to this community other than what you're adding as it relates to enhancing the Gateway and bringing economic development is there any was there any discussion okay that was the only question that I have thank you okay all right um any other questions okay just my comment real quick is that um I know it's a difficult property to work with you know the property was originally before bisc Boulevard got widened that property was you know went a couple Lanes in the bisc boulevard type of thing so you know now dealing with it the way it is on the tracks typ property it's and so I applaud you for taking it on and making it look nice because um not everybody would have a tenacity to deal with it they would probably just rather buy something easy to build on so I I pler for that and uh and it to me it looks like a nice project so all right do I hear the motion the second you don't do when you call the vote you don't need to Second um I I do appreciate the fact that you got the fa wasn't too hard on you guys so I'll leave it all right yes okay are you saying that we don't huh um I don't know if we need to join us all right one one of the speakers want to just say something else and I'll um I'll allow him but just really like um like 10 10 20 seconds please very very quick please thank you Todd kle again um I I didn't realize about like tenants maybe you mentioned didn't so Martin and I I just want to state that uh he agreed that we weren't going to have like certain types of shops like gun shops or like a liquor store or something like that where and he would agree to those terms and the other thing I want to just mention that we prefer not to have a big Bill Board sign out in the front like a big post with a with a sign with all the names of all the stores I don't know what the laws and regulations are but I just wanted to mention that thank you okay yeah okay right thank you okay all right we do allow that right no motion all right we we have we have a motion from commissioner Smith we do do we have a second we have a second commissioner Joseph roll call please commissioner floron a second for a roll call yes commissioner Jean yes commissioner Joseph yes commissioner smuckler yes commissioner shernoff yes vice mayor Smith with pleasure yes mayor Piper yes the item passes 70 so please remember to hire North momy Beach presidents if you can we'll try as much as we can thank you and the more she beats you up the more she likes your pro I know him from understand that thank you much beautiful children thank you okay all right we need a motion and a second to introduce 10.3 um can we get the motion for 10.3 U motion second okay great uh Mr attorney item 10.3 resolution number r224 d117 approving denying site plan and variances for Feldman house Edward Ang Comm interum community development director a resolution of the mayor and City Commission of the city of North Miami Beach Florida approving or denying a variance from section 24- 95b to allow 14 parking spaces in Li of 23 parking spaces required approving and denying a variance from section 24-1 122 A1 to allow for a 21. 21t 1 in landscaping landscape buffer in lie of the 5- foot buffer required approving or denying of variance from section 24-1 122 b1a to permit the allowance of one terminal Island at the end of each parking Row in lie of one on each end can your proving or denying a variance from section 24-12 b1b to permit the allowance of 13 contiguous parking spaces between landscape area in lie of the required eight parking spaces and approving or denying the site plan application with conditions for the construction of a 35 ft twostory Warehouse building with 11,48 square feet of sorry uh two-story Warehouse building with 11,48 square ft of warehouse space and 3 3,331 Square ft of office mezanine space located at 1981 Northeast 153rd Street providing for findings of fact confirming expiration and limitation of approval providing for conflicts and providing for an effective date okay um Madam clerk Jennings disclosure jenning's disclosure per resolution r95 d24 the subject matter of any ex party communication together with the identity of the person group or entity making a communication shall be disclosed and made part of the record on file with the C prior to final action on the matter commissioner shernoff I have had no discussions with anybody and I will by the information that I see tonight I will vote on it commissioner floron I have not spoken with anyone in this item to the best of my recollection and can make my decision based on the information that I received this evening thank you jenning's disclosure um form has been received from commissioner Jean commissioner Joseph to the best of my knowledge I have not discussed this item um and I can make an decision based on the evidence presented to me this evening commissioner smuckler this is I just want to clarify this is the the multif family parking regulation no no which one are we at 103.3 warehous Warehouse feldman3 sorry page okay and that's why I was wrong about the variances because I was looking at the at the at this one this one has four I think all right um 10.3 I've only spoken to the manager and I can make a decision based on what I hear tonight by mayor Smith is off the disc mayor Piper okay um I have to the best of my recation I've not spoken to anybody on this and I'll make my decision based on what I hear this evening thank you okay so we're still going to be missing commissioner Smith when she comes back okay all right perfect um all right can you please swear in the speakers Madam clerk if you plan on providing testimony please stand and raise your right hand okay that's it do you Solly swear that the testimony you're about to provide shall be the truth the whole truth and nothing but the truth so help you God your response I do thank you okay Mr ring thank you mayor commissioner before you this evening is a s plan application for the Felman warehouse located at 19 uh 81211 Northeast 153rd Street and what is currently the B4 District um little bit north of 151st uh uh uh um the property size is uh 14740 uh Square ft on a lot uh size of 2,189 Ft uh the folio number in question is 07 d2216 0199 the existing land you the currently a one story Mr I need to interrupt you for just one second um commissioner Smith we need you to confess your sins for the Jennings disclosure we notice you walked away at a convenient time man Smith I don't even think the manager and I spoke about this but I'm going to say we did just in case but I don't think we did and I don't remember I it was it was this afternoon I don't remember but um I will make my decision on what I hear tonight thank you thank you okay M sorry about that oh no no wor mayor um the thing L you that um they're trying to redevelop the side from a small uh one St 2000 griffy office building uh uh and 500 square or square foot structure uh into a larger Warehouse the future land us as the warehouse office Bas and it is known uh to allow for this development know at first PL that doesn't look like a warehouse but we assure you based on that review uh um with the S plan approval it for it's for twostory warehouse and Associated 3,300 31 ft of office space that is related to the warehouse uh um well at 23 parking spaces um the planning doning board uh had previously heard it and recommended approval by a vote of 5 to zero uh uh for recommendation to approve of the commission um you see here in the the yellow that's the location the site um and it's uh it it's got a bit of a weird curve to it um the post s plan uh provide for uh that got crapped um for for a warehouse with three uh believe it's uh uh uh three units right here uh and parking in front you see in the site PL that provide to you that the site curves a bit which uh provide for some of the raring that I'll discuss in a minute uh staff reviewed the parking requirements for this and you'll find a parking variant request that's a little bit unusual because the parking request uh variance request is not to necessarily reduce the parking when it's practically applied but to kind of transfer the parking from being onsite to being offsite uh so that it's all the RightWay uh it's interesting because um even though it looked like it's the parking reduction variant there uh by having 23 spaces at the end of the day that's how much the warehouse would have required in the first place they we just don't want it all on the they just don't want it all within the site itself but some of it to align the roadway in essence though from a city standpoint it's actually more beneficial for the city because if the warehouse isn't using all that parking then the rest that's on the street becom kind of the facto General parking that the surrounding properties in the city can generally use so uh that would advise the commission to take that into consideration that it's not actually a parking reduction it's just how it's structured uh uh uh in that request right there uh you see from the formula where here uh they're going to meet their requirements for what uh um for the overall number of spaces as with all other s we ran through a natur natural site plan review criteria ranging from natural environment site to landscaping and lighting um there we go uh here at the site uh you see as I was mentioning before the parkings are are numbered on there I know they're small on the screen uh but uh from 2 to 13 and then you see that there's parallel parking on the street to bring you up to the 20s something spaces um the building is small enough that uh they did to provide us with a shadow study but staff had no objections based on that um uh uh um I've already covered uh variant one with did a parking variant so to speak without an actual reduction in parking as proposed on the site plan uh uh that's in configuration uh there are other three other variant the second one being the landscape buffer variant uh where they're looking for uh because of how the road curves a part of the buffer strip to be uh uh 2 feet uh 1 in where 5 ft is normally required staff um looked at this and also needs to know to the commission that while it curved and they're asking for that variance for that narrow point they also have the Landscaping to make up for it on the other part of the property where it's bit a little bit wider so in essence um they're trying to deal with the curve in the variance but they're actually providing the same amount of square footage overall that you would normally see if it was continuously 5 ft it just um just aligned a little differently because of the curvature of the roadway uh um so they're while they're looking for a buffer uh variant there actually no reduction in amount of Landscaping square footage that results from this design [Music] um uh the variant number three is terminal Island variant again with uh a similar to the last item that you that that you saw that has to deal with the spacing of the terminal Island uh to space out parking and given the configuring to site in order to put all the parking that we would want on there this is where this variant comes in to uh permit the allowance of one terminal Island rather than one on each end um um and then the last variant uh being requested is also interior Island variant same thing with the uh um instead of having the eight parking spaces and in the island in order to fit it given the curvature theci side and its odd shape uh to do 13 uh instead of eight a parking space before you have the islands uh um with the with the Landscaping um something that we had to condition with that prior to uh uh uh providing for the final plan they need to update their um side visibility triangle for safety purposes on the plan PR to submitting for building permit uh and the option for for you this evening or to either move for approval or denial the variance and the uh the plan is associated for variances uh the applicant is here for free presentation if the uh uh uh commission show desires okay thank you Mr Ring um Madam clerk public comment good evening the floor is open for public comment for this item if you wish to speak please step forward okay let the record reflect no one came forward and public comment is closed and um anything from the Commissioners mrff to the applicant it's a beautiful project um where are the garage doors I see one is that all one for there's one on each end of the base um one on each end of the bay and by this picture they don't look very big what's the size of them oh gosh uh 12 by 12 12 by 12 but you just colored them the same as the building so we don't see them kind of blend no it's a beautiful project I mean I wouldn't call it a warehouse It's it looks like an office building so thank you for bringing it Forward you're welcome thank you okay anyone else I had a question um what kind of what's the usage of the warehouse is there a particular use in yes um the owner of the property is going to occupy the office and Warehouse area and they work in like computer parts close the county so uh computer repair parts and um small items that's why we didn't need a lot of doors yeah okay sure I don't think he was sworn in though so I don't know if you want to uh swear to tell the truth do you somly swear that the testimony you're about to provide shall be the truth the whole truth and nothing but the truth so help you God yes thank you um in addition to computer parts we Supply your name oh sorry my name is Errol Feldman I'm managing member of JM Holdings which is the owner of the the property we provide computers to schools throughout the country primarily Chromebooks laptops anything technology wise for schools and kids and students so here we uh we have our office currently a couple blocks away we're building this warehouse for ourselves and we do inter internship programs with schools Miami dat County so it's a great great spot for it all thank you so much I wanted to follow up with that and saying that we could definitely speak to our manager and the team on some more Partnerships with the city and also the schools within the feeder pattern that we have so that would be a great um point of consideration if you would be willing to consider that absolutely I just want to ask a question from Mr ning Mr ning are you comfortable because it's almost it's less than half you're reducing from 23 to 14 it's almost half um are you comfortable if the owner wasn't an occupant that that would be enough space if somebody else owned it 3 years from now defitely comfortable because the way we see it uh the project requireed 203 baces and overall what you see on the St plan proposed even though a different configuration uh it's actually 23 spaces so there there's enough from a off on site and a immediately adjacent on street parking to meet the demands yeah on street parking is what we're trying to get away from it's um it won't if we do because of the curvature of the road unless it were configured a certain way commissioner we would not get that amount of parking and and and understand the concern for wanting to move away from on street parking but we also have all other concern from the commissioner that we are not getting enough parking onto do these properties so because of you know we we couldn't have it both way to this property so staff opted to work with the applicant to get to maximize the amount of parking that was available on the space to meet that requirement mayor excuse me um we have an emergency could we take a five minute break yes please yeah that's why the police run okay take a break yeah yeah well just we're we're going to recess for for five or 10 minutes [Music] okay what's the emergency yeah of course might want to go take a look in the room there see what's going on let's take a look yeah what's the emergency David what e e e e e e e e e e e e e e e e e e e e e e e all right we're um ready to continue the meeting um commiss John commissioner John Daniela tell them that rescue's here and they they'll bring a pillow right here you're fast city manager yes sir go I don't think he drinks or anymore he didn't used to okay ready okay all right all right so bring us back where we right were for we were um at what point were we in this year they all the all the Commissioners we we we did the public comment we Clos a public comment and and and the Commissioners are discussing okay so and no other comment on this item I'd like to call the vote second all right got a first we got a um a motion in a second and Madam cler we need a roll call commissioner Jean yes commissioner Joseph yes commissioner shernoff yes commissioner flon yes vice mayor Smith with pleasure yes mayor Piper yes it passes 60 sure to try to hire North m in construction okay what com in regards to um I'm trying to I'm trying to get my bearings um to the rules of procedure um regarding the motor rol I was wondering if we could try to bring that item because I know it's it's an the manager yeah yeah we I know I've got certain items that are marked as priority items so okay so if we can go that I just want to just Mo along Mr Mayor um uh with respect to uh the the scenario the way it is um are we able to iterate what items we're going to um take care of and what going to yeah the would you like me to share the priority items right now just the priorities yeah and we just move forward with the meeting all right so the the priority items Mr manager 111 you said we can hold off for now or not um I would recommend that we move forward with 111 okay can can you name all the priority on all for you all right go 111 112 um 116 117 11 118 1110 all right so 115 we forgetting yeah there's a couple in there we're forgetting yeah so unless we end up having time and they're so inclined to revisit it later but let's just do what we can okay all right so um let's move on to introduce ordinance number 11.1 second ordinance number 202 24-13 Mr attorney item 111 ordinance number 20 24-13 second reading text Amendment for multif family parking regulations Edward a interim community development director an ordinance of the mayor and City Commission in the city of North Miami Beach Florida amending chapter 24 of the city code entitled zoning and Land Development by specifically amending Article 5 entitled zoning use districts to modify the residential category minimum and maximum requirements from section 24- 58.1 fulford mixed use Town Center District table mu- TC mu tc-5 minimum and maximum parking requirements by use section 24-58 .2 mixed use employment center District table mu ec-5 minimum and maximum parking requirements by use section 24- 58.3 mixed juice Neighborhood Center District table mu/ nc-5 minimum and maximum parking requirements by use section 24- 58.4 Arch Creek mixed juice Carter District table mu C-5 minimum and maximum parking requirements by use section 24- 58.5 Southern mixed use Waterfront District table mu/ swf D5 minimum and maximum parking requirements by use section 24- 58.6 Northern mixed juice Waterfront District table mu/ nwf -5 minimum and maximum parking requirements by use section 24- 58.7 Eastern mixed juice Waterfront District table muw F-5 minimum maximum parking requirements by use section 24- 58.8 International Boulevard District mui part three Urban design standards table mu/ i-7 minimum and maximum parking requirements by use and to amend article 9 section 24- 93 entitled parking lot design standards to create subsection L multifam tandem parking and subsection M valet parking and subsection n fee based parking and amend article 9 section 24- 95 entitled minimum space requirements to clarify and increase parking space requirements providing for conflicts severability and codification and providing for an effective date okay thank you Mr ring thank you mayor um as St already previously presented it's okay mayor commission we're going to do our presentation under the bridge version this time um this uh changes the uh um parking regulation based on the study analysis that we had a commission consultant to do a while back and uh U really the recomendations that you see before are really based off that uh the data analysis from that and the review of the uh it or the uh Institute for transportation engineering manuals uh we did go beyond that that as uh uh um as mentioned last time in uh discussing um internally and with the public uh during the public Workshop that were held about the need for more parking spaces as reflected through the guest base requirements you'll see that part this um uh uh changes the requirement from 1 for20 spaces to one for uh 1 for20 unit to 1 for 10 units which will result in a a higher parking requirement um you'll also find that uh we are uh codifying uh tandem parking where we had no codification before which makes it easier for us to try to persuade and have the tools to persuade a uh developer to structure their parking a little bit differently in order to fit more spaces um and um also uh note just really quickly that uh part of the issue we found in the field was that uh when you have fee based parking inside the structures look people are just going to go for the free space first and the free space do have to be on the street so those will fill up first before the PID parking in the um in the building and that's just common sense logic from our end and so we uh structure some language to try to hedge against that uh obviously there's going to be some enforcement needed from Code Compliance and then review of the building but uh these are uh uh the main recommendations in summary uh that are the basic what you see before this evening um mayor and commission um if I can have Ed can you please also um part of the discussion um that was had last time was um at the first reading was with regards to allowing and I know it's not um part of this but um in some of our one-on-one especially with with one of the Commissioners um it was to potentially amend um or provide a motion to amend in which applicants who are currently under the review process um also be grandfathered in um to to the existing code um how many projects um fall under that um I actually have a print out to get the commissioner don't give me 20 second but Mr manager shouldn't that language be in here because there was no definite um with regards to a motion on the 1 uh the language kept consistent between first and second um a simple motion this doesn't affect the change of of it it's just ensuring that um the the projects that are in there um so there's no significant change to the actual recommendation within the within the code thank you you could make that you could make that motion because and I think that we should list exactly who it is so we there's no problem you want me to make it now yes and I'll second it wait wait wait make sure the for for the record commissioner because again it's a change from first to second reading what it is technically it is a motion to amend the language of the re resolution you're allowed to amend on second reading under some circumstances which are not you know don't change the character of it substantially but it it the staff is not authorized to make that change after it passes do we need to vote do we need to vote on the motion to amend first or and then we have to vote for the motion there's a motion to amend and if the motion passes then the document is amended and then you have to have a final vote on the document as amended okay the all right I'm sorry mayor and and just um part of the other discussion was also um which wasn't completely fleshed out it was it was well it may have and I apologize if I I if I'm misspeaking uh for the commission um with regards to in the first reading it was accepting the staff recommendation but there was certain conversation of whether the multifam should mirror that on Eastern Shores which requires two spaces for efficiencies and two for one bedroom um in which the current staff um for non- Eastern Shores was one one space for efficiency Studios or one bedroom um so I didn't know if the commission wanted to also have that conversation so if you're going to amend um it might it may be um having that discussion and then amending once the discussion's been fleshed out or or not it's it's up to the commission but I just thought I would mention that well I think we'll save a lot of time if we make a motion to amend um through the mayor through the mayor I want to amend two things also so if we're going to add the Amendments let's discuss my amendments okay okay real fast I think I think real fast that please um on page eight where it says a start a parking study may be required under Section Five I want to add I said should we add if a parking study is required that the de developer pays I want to add that if a parking study is required that the developer pays for the parking study and under um how many on residential area on a condominium how many how many parking spaces for four bedroomroom it should still be three I've contacted aventur I've contacted quite a few cities and nobody has four places most of them stop at 2 if you want to continue three bedrooms gets three parking places but to require a developer to give up four parking places as I mentioned before if you can afford a four bedroom condominium you can afford to rent the four space from the building I just think to require for spaces and for a developer to use his square footage up in parking place so I'd like to mend that to three I would like to amend that if a study is required the developer face okay so is somebody going to notate Mr can you notate exactly what the amendments are going to be so that we know for sure what's going on okay all right so and then all right so we're clear on the Amendments then right so then we just need you have a motion to amend okay I got the motion got the second all in favor say I I any opposed all right passes unanimously okay now we need another motion to approve with the amendment that all of them combined all of them combined move to approve ordinance number 2204 D13 as amended second okay all in favor I any opposed um wait you know what we need a roll call we need a roll call no no and and we need public comment also we're getting uh a little ahead of ourselves here and we also need Clarity all right so we'll leave the motion on the table and then Madam cler public comment and Clarity on the amendment well you stated them no we didn't State them yet no I didn't State the Amendments I wanted no wait a second we voted on them without I thought that we were clear with the am that's I just said to the manager we clear on the Amendments well he gave him an idea but we didn't make it in a form of a motion yet he just approved it but um so so basically it was commissioner Smith's amendments as well as the grandfathering in of the list of properties that you received in front of you right is their language though again that's I understood there is language that's proposed right at least on the one that commissioner turnoff brought no there was no language yet no the language is not there you can't vote on it if there's not language well that's what I'm voting on that's what I'm saying okay so then you need to create the language now is that the idea I think there is a proposed language on the amendment that commissioner turnoff bringing on the grandfathering isn't there no are we listing each name we didn't even discuss it so we is the amendment going to list each name of the development that could be grandfathered in well no well Joe's asking a different question is there is there language already there of grandfathering in that's just not well when you say original it wasn't there in original last meeting I believe there is a draft that I've seen isn't there Mr manager Mr Ang know the public a a developer has proposed language but that's not being recommended by by by staff that's not our language well then what is oh our language I the way I understand it is that we're going to we're going to make the amendment it's going to be that all these we're going to recognize all these projects in the pipeline of them just mayor I apologize I did leave one item off of it though I will have to I I uh uh um I will I will have to resend it to you digitally well all we can wait wait wait all we have to do is say that the people that are approve the people that are in the line and up to a certain point from TR forward that with all respect commissioner we don't know who's going to be here six months from now or a year from now with this projects we have gone vacillated uh commissioner Jean has gone on and on about the name who and how many how many times let's list the ones that they have fact and he's going to add one more which is the one which is the one you're going to add D if we can just read the entire well and shouldn't we eliminate the ones that already were approved I think there's at least Feldman warehouses no longer right right and the 174 shops and I should note that one of these at the final plot we just gave you active project at the whole though uh in terms of prct PR practical application of the the project that have residential unit attached all 170 bis 317 Northeast 16 8 Street Uptown Harbor and then uh the last project that we have received this month uh uh and going to Trad on the 24th is the project that is um currently south of Gren uh gr Park uh um at that kind of like rhus shaped property that the a little bit north of where you see um a little bit of north of Aura did you have a total of about 12 last time no but those were warehouses and and Commercial right so these are the ones that are affected by the mixed use Just For What It's 17400 West Dixie with the address I would think that it is there's nothing wrong with a list but it would be preferable if you're going to have a list that there be some language that describes what the exemption is and then you can say and including specifically the following but to to not have any language that explains why those are being listed I don't think is Optimum there so so why don't we why don't we just say that the the following um projects or properties are not are subject to the old ordinance not the new ordinance if ordinance is the right word and um and then then um and then and then well I would I would suggest this if it's possible uh if this is the the pleasure of the commission and if I'm misdescribed it please say so but I think that you should have some general language that would say something like um uh when you have the new rules that just says something on the order of however that's not projects that are deemed she's closing it sorry projects that are deemed to already be quote in the pipeline close quote having already applied to tread shall be Exempted from these new regulations and you can use the word grandfathered in quotes grandfathered in close quotes under the old regulations and then say specifically to include and then provide the list does that meet what you're trying to do Commissioners yes okay I I would recommend and uh that's on the tape and that would that can be verbatim and that way it's not like you're just picking some projects because you like them or who's submitting them there's a rationale that explains why you're making this change because they're quote in the pipeline and that way that that's if there is some question that policy is easier to justify if we ever had to do so that that would be my all right so that addresses the pipeline portion of it okay and then Mr manager I would suggest mayor that perhaps can do this in two amendments the well the first amendment would be the one that commissioner chernoff is bringing as to this policy item and then there are two discret items that uh the vice mayor is bringing and I'll try and help with the language on those well so we have actual language I think there's also one more that the manager was also bringing right you were bringing you were bringing about the the residential I mean the you know the matching the Eastern Shores requirement um I believe the the motion that um vice mayor Smith was indicating um was taking care of that with with regards to the number of um spots and her recommendation was um to eliminate the four spaces per four bedroom and stop it at three and above um so any any unit with three bedrooms or more would would be capped at three spaces um and then the question would just be if you wanted one space per efficiency Studio or one bedroom unit right that's why you might want to have you could roll them both together but have that be a separate Amendment and commissioner vice mayor can you can you restate it so I can try and help with language anything over three bedrooms the requirement is three parking places okay and what was the other about the developer Pace if they if they is a traffic study required the developer pays for the traffic study so I would say that we have one Amendment from commissioner chernof that subsumes the others and then there's a second amendment that vice mayor Smith wants to bring which is the section that talks about the developer um if there is a subsequent traffic study what section under Section Five the second paragraph all all fractional space requirements shall be rounded off to the next highest number for use uses not specified the director shall determine the space requirements a parking study may be required period And I want to add second paragraph that's correct so I would say the language would be um an amendment that provides for two things because those are kind of related uh more so than the the one that uh commissioner chof has bring uh that your Amendment would be to state that as to section five second paragraph if the parking study referenced is required that the proposed ordinance be amended to state that in such event the parking study shall be paid for by the applicant and in addition your other uh part of your Amendment would be to state that section where is it that you have in front of you section um it's on page nine at the top and it's under Section Five also parking space requirement that the amendment would be that and in and in addition to that section about parking study costs that you move to amend section five um as to the required number of spaces for multifam uh multi excuse me multi- bedroom uh units be amended to provide that say it one more time Polie vice mayor the maximum number of parking PES per unit will be3 required to be amended to provide that regardless of the number of units of of bedroom bedrooms in a unit the maximum number of parking spaces to be required for a unit shall not exceed three correct those two we've now identified what section and the language for your change and they can be combined because they're they're very similar in nature and that is a a second amendment and mayor we should vote on First on commissioner chernoff's Amendment about grandfathering and then second we should vote on vice mayor Smith's Amendment which has two parts but both of them deal with the number of parking okay so the language you're going to be able to get off of the tape that's theage yes sir okay so that won't be a problem whoever's going to be transcribing turn off made the first I guess whoever transcribes it will get it approved by you before it work with the clerk on that and we can get that done okay all right so that's now do we need to um withdraw or vote that the first amendment that the First Amendment we voted on it's probably best if you have a quick motion by anybody because it was unanimous to reconsider what was previously voted because it was not I make the motion wait wait wait he's scratching his head and has a question Mr DET turning the way you're phrased it create the internal inconsistency with the rest of the text do you have to create additional Amendment because you would essentially create a based on the letter of what you just uh uh uh put together uh if you're capping the amount of uh spaces per three bedroom in the way you just describe but then you don't clarify on whether or not uh the one per pen unit get based as part of that calculation or not then you're de facto eliminating that part of D regulation and creating something that sta would not know how to apply well we don't want to do that obviously Mr director that would be that I mean based on how you phrased it I can say that would be bad so since we don't want to do that um I understand what you're saying but I would invite you if you could to supplement the language of the proposed amendment by vice mayor Smith with additional language to clarify that we're not intending to negate the section that you just described with the amendment could you possibly profer some language for that I would uh I would uh just simply put an exemption in uh uh for guest parking and note that guest parking will not be considered part of this calculation of Maximum parking space for a three-bedroom unit uh because then that separates the issue completely is that in addition to the prior language or instead of you have to put it in addition to the prior language if you want to keep the a language that's written then I would say we would do it the following way um we have the language we just dictated for vice mayor Smith but what we're going to do is we're going to add to that Amendment additional language that would say however um not withstanding get parking get yeah get based parking requirements um actually you would you would actually yeah just leave it at notwithstanding uh any requirements for guest bases uh um and leave it at that any requirements for guest space parking shall um they'll be excluded from the calculation they excluded they excluded from excluded from this calculation is that okay with you vice mayor it's a good catch by Mr R what Mr Ang says and you say is perfectly fine with me then that is the verbatim language for the amendment by vice mayor Smith so I would say mayor that we had commissioner Joseph just moved to reconsider quick vote second a second all in favor to reconsider I any opposed okay now removes what was voted on now I make the amendment commissioner chal grandfathering second I second the amendment I second okay well oh you did already you're making a motion to amend the First Amendment commissioner turnoff is moving to amend the language of the ordinance as passed on first reading as was stated yes I am first reading didn't you go to discussion you have to have public comment if there is any hopefully there's no okay all right so there might be there's two attorneys all right so so let's want to get public comment Madam clerk public comment is open if you wish to speak on this item please step forward we have the first sign there you go speaker be SW or not this time no not this time sir no you're not testifying you're just you're giving comment fine we can do that again David zapen host of wage theft Nation um just the matter of of parking spaces I hope you're right that uh say a four apartment a four bedroom apartment should not need a fourth uh space but that's presuming that you know again more people are working from home which I keep hearing just like we were all supposed to be driving Zip Cars at least 10 years ago right you could basically whip out a credit card and rent a car from anywhere where I don't see that happening even with Uber helping to replace taxis um you know it's just another case of the change you hope you get not being quite what you get in 1993 the joke was we were all going to be de delivering pieces to one anothers as the factories um left America and while anyway we are they left out the part how instead of having human dispatchers preferably played by Danny DeVito instead we're getting uh digital uh algorithms with varying outcomes so yes I I I really hope that not every four bedroom apartment needs for spaces I suspect one of those is being rented out as an illicit Airbnb but that's just me being a pessimist so again happy holiday oh and I hope someday we can um have a talk about the the need for tiny houses perhaps replacing sheds so that's next year's problem good luck out there be safe thank you good evening Matt amster with L burkow Del Fernandez Lin and tapenz office is at 200 South biscan Boulevard in Miami I'm here today uh for the limited item of grandfathering and thank you for for uh agreeing to add that language uh just to be clear um this is the property at 17400 West Dixie Highway it's not on your list but Mr ing did mention it uh because we do have our Trad meeting next week uh so we wanted to just to make sure that that is uh one of the projects that is included uh this is a I'm here on behalf of Dixie investments in row Dixie which is the owner and appreciate uh your allowing us to move for because the project's already been in the works for quite some time and we will adhere to today's existing requirements what's the name of the project please it's doesn't really have a name it's just at um 17400 West Dixie Highway this is the about 4 acre vacant property just south of grenolds park that's the um the Braha Dixie one for us see people yeah some people may remember Braha Dixie it's had a a comprehensive plan and rezoning to bring it into the um neighborhood Center mixed use District um very well vetted to have a basically a concept plan that has limited height uh and we're basically building off of that concept plan for now going through the site plan process just south of the grenolds park um entrance on Dixie Highway yeah okay thank you thank you okay all right Mr Mayor that was the last sign speaker okay no one's come forward public comments closed did we do addendum okay well we're still trying to get the first one done so we're going to do yours next all right any other discussion on that we got the motion we got the second and you've added the name of that other or the description of that other project one 7400 West Dixie Highway was it still called Baja was the the the old Braha Dixie project yeah what's the name of it it's now it's called Partners it's called the unnamed project no it's got a name what what which name the the the 174 whatever Dixie Highway um Mr am just noted that there was in a name for for the for for the mentioned right name or the former Braha Dixie project if you want to call it that no it must have a name not it's just an address just call it an address call it the madster okay please don't all right are we do we need a roll call on this one or it's an amend all right so we're all good all in favor say I all right any opposed passage not so the First Amendment yes pass now we've got the commissioner Smith Amendment right okay we need a motion and second for that us make the motion I made the motion got the second perfect now we need public comment on the second one public comment is open if you wish to speak on this amendment please step forward okay is everybody comfortable no one's come forward and public comments closed any other discussion on the second Phyllis Amendment no okay we got the second I think we already have the second we already have the second you're the second second all right all in favor all right all in favor say I I any opposed now move to approve ordinance number 202 24-13 second reading as amended as amended twice as amended twice really correct no as amended is really right actually that's correct I listen to my attorney but you're you're more right than your attorney on that okay so we got the second um now we need public comment on that one yes public comment is open no one came forward public comments closed if there's no comment wait wait I just want to ask the manager about Eastern Shores so efficiency in a one-bedroom get two B two parking places was there anything else besides what's a three-bedroom guest four bedom Eastern Shores um caps um at three spaces for two bedrooms or larger okay thank you okay so we got we got public home we got the motion we got the second and now we need a roll call commissioner Joseph yes commissioner sherov yes commissioner Flor yes commissioner Jean yes vice mayor Smith yes mayor Piper yes passes 60 congratulations commissioner finally n navigated your way through a comp issue perfect that was complex yeah um okay now we need a motion to Second introduce 112 move to approve move to introduce 11 yeah introduce 11.2 Mr attorney it's not a long one item 11 Point yeah thank gosh I know I saw that right away mayor uh item 11.2 ordinance number 202 24-14 first reading FIS Gan overway District Edward a interim community development director an ordinance of the mayor and City Commission of the city of North Miami Beach Florida amending the city of North Miami Beach code by amending chapter 24 entitled zoning and Land Development amending Article 5 entitled zoning use District amending article 24- 52 entitled B2 General business district to create subsection 24- 52.1 entitled B2 General business district overway to provide specific requirements and to provide uniform development standards for properties facing the biscane corridor within the B2 General business district providing for conflict sceners error severability and codification and providing for an effective date okay um Mr ring thank you mayor Commissioners um we had a presentation in here okay don't expect your technology to work tonight yeah do I click there or thank you that's why we have it yeah thank you um denight for you t Amendment ordinance adopting overlay for the B2 District of Boulevard and um at with um for the request um as not during the workshop to for set Road and regulation from the B2 District along the bising corridor to master County strategic Miami Area Rapid Transit plan uh the Smart Plan uh as you know run through one the cour run through the city with a projected uh uh uh transit station uh in the future for 151st and M gain uh you already heard prior to this our comprehensive plan change for the rapid trans drone boundary map um and so this would be consistent with that we are only looking at the B2 item that are um adjacent B2 don't the Jason to bit King Boulevard everything you see there in the map in yellow it actually uh um you know would be uh affected otherwise but we you know we're restricting it uh to that particular aspect um you'll see in there uh uh um if they opt into the overlay uh just for the general public to know um they can choose not to opt into the overlay but the opt into the overlay the youth table does change to allow for a various items ranging from uh office to parking garage as a primary use not an accessory one attached to another building things like uh that we want to try to look at promot promoting uh that other cities are looking at ranging from commercial recreation which are bowling alley and like like Bolero or the high-end stuff uh uh to artial industry where uh you ever been do a maker Market at a farmers market this is where PE people have the basis to make a those jewelry those earrings and items like or fresh candles and things like that um The Challenge here with uh regard to increasing the density along this K uh uh Boulevard the corridor um you know as we presented last time it was really that's a matter of aligning the city future growth along infrastructure I comp report it we've heard time and time again from the Commissioners the commission on your uh concerns uh that we're approving all the tall towers next to two lane road and then looking at what's going to go wrong with the traffic here did aligned along a six Lane Road uh with provision in the um in the code to address uh traffic either voluntarily and they're still going to be required to do their fair share as well on top of what they can provide voluntarily a part of bonuses um you know we want to encourage quality investment along this Corridor and that's why instead of giving away way that a lot of that density uh uh um it's they have to earn it now so when you look at changes from 125 to one uh 75 in ter ring unit per acre the development have to provide contribution to get to that 175 it's no longer giving away by right like you have in the mix District uh and that in the form of the sck area Community benefits can you spell that out uh yes so the type of uh Community Development uh uh benefit can be found in Pages um uh uh um like refer you to your package uh starting on page 11 and they align toward these six different a five different areas that you see here ranging from Workforce un affordable housing to open space and Recreation to Civic infrastructure and so when you look at the bonus type uh uh for example uh onsite dedication of affordable units and these are dedicated affordable unit for 30 years minimum at by Covenant for every one unit you get a a two unit density bonus we noted that even though that there's 50 unit you can go up to it caps at 30 a drawing unit that you can use for this type of bonus and so youal the different chart that range from affordable and Workforce unit to Parks and Recreation funds to onsite dedication you go back to the ratio of the work for is Affordable you said it's up to 30 it's up to 30 units so if they uh ask for 30 units they need to provide 15 of those 30 units per uh uh unit per acre as affordable housing and isn't this where we need to put Library we had actually put in library under um how uh uh uh bonent Type e Civic infrastructure so Library being Civic infrastructure we uh actually provided that in the basis of what they need additional height and they need to contribute a certain amount to qualify um the diff uh we noted last time that it's also important from the standpoint that when we think about uh how we're going to structure impact fees in the future your impact fees in the future can only go toward Capital Improvement and what the commission really want it the to also be available for programming you cannot use impact fees for operational cost programming is an operation cost it is not legal so this provides a voluntary contribution that makes the utilization and a separate fund or those fund and a separate fund that makes it uh you know appropriate uh uh and it's voluntary and not required okay okay um we went over this quite extensively I wait hang on one second we need to public comment first oh you pointed to me well you were pointing to me so I anyway public comment please I was pointing back that's the point hey exactly public comment is open no one came forward public comments closed okay commissioner Smith okay I'm just going to thank you I am going to just quickly call off thank you for spending so much time with me today um I want to point out my four things and for discussion and see if anybody else has any discussion on page six the density is very very high there and I went over with Mr Ang and he said that that would be up to us if we want to say that the density is too much uh 120 to 1075 use that's five times how much it was in District 2 five time so if we feel like that density we could change that I wanted to point out on page 14 you were going to find out what are the bonus types that it was left blank in the in the box when it says participation in the library fund what are the bonuses they get I wanted to point out that under waivers there's only one person that can give a waiver you know that that rubs me wrong I like to have there be a check and balance because as long as you have honest good people it works fine but when things happen you don't have any check and balance and uh there were a couple other Mr you were G to help me remember who's the one person that makes it decision in the director okay um that be under P any funds um attain oh the the city May recover any funds for and I want to know how that was determined but right underneath it might be interested to some all of us that have our license under D the real estate agent can be um in violation and [Music] um and be responsible if somebody tries to to present fraud to get one of the lower priced rentals on the building can hold the real estate broker and the real estate agent liable if they knowingly and willingly yeah anytime you do anything knowingly and willingly that's against the law but if you don't know if you're a real estate agent and you rent something somebody and you have no idea that they fraudulently filled out then it's not knowing and willingly but you could still be charged according to this no it's of course you could charge the real estate agent and she'd have to prove that she didn't know no or he would have to prove it in court oh they need a little bit of proof to bring the charge yeah you can't just say it's not you're not guilty before you're innocent that's not how that works yeah exactly okay was there others that I had ask you to remember Mr uh uh no but uh let me first address the point that you had uh for bonus Type e for the library F where it was um it was blank because we copy and paste it from Excel file and it just shifted uh uh at 70 fet in height the high bonus and not to exceed 350 ft yeah um so that's uh uh this is it's a bit right but um in terms of the waiver uh on G um that's in regard to waving the ratio between commercial versus residential um right now one of the issues that we face at the city is the um the aspect of whether or not we have a commercial requirement for mixed use uh you'll find it that in a lot of your um a lot of your uh um Ty plan approval that's something that I pretty much said uh we kind of have a problem here um and so um you know we don't necessarily have to have that section but it's something that the commission should think about uh whether to keep that section uh in terms of a even a waiver for that for that ratio uh sometimes it means that cop can get killed but at some point the city also had to make um the Poli decision of simply saying well maybe we don't want to waste it at all ever and just the rules that you have to follow so that's something that I would ask the commission to consider before second reading and just maybe consider for my uh you know for staff to look at further if that is your your intent um we're happy to answer any other questions on this and what about the density and what about the density for 125 to 175 units we looked at the density in terms of how much units you could probably fit and and we took um you know we workshopped it with the planning and doing board for actually multiple meetings before we brought this to them uh uh um they they did recommend it for 70 to approve and part of that discussion was is 30 stories Too Tall it does the envelope fit what do we have in the other District particularly the mix District next door and what might those density threshold be uh and what is naturally acceptable along a major core of this type so internally staff had actually waffled uh not waffle but you know internally when we're discussing this over the course of about five or six months we actually come up with a range of numbers ourselves um we started off with looking at something like 225 and we're like well that's much too high we went to planning and ding board it's like okay we got some direction there to look at our existing code and try to match along some aspect of disting code that's why an other portion of the ORD that you see here for example the minimum unit size being 550 ft and the 800 uh square feet average unit size look familiar because it's an other section of the code and so that's where you know the do process really around where that came and comes into play we're happy to change it to uh uh um the density level that the DI Mission field is appropriate because ultimately it's a policy decision but from sta technical recommendation that's how we really try to derive the number based on how much you could fit in that envelope that building envelope based on the height the stepb and the average unit sizes okay so any other questions comments and if we're going to how long is the stretch the for the B2 District how long is that stretch that you have and I understand that this packet was updated what was missing from it from before um it would um misprinted um on two aspects so the misprint came in on the blank space on page 14 that commissioner Smith pointed out and then the other place where there was a misprint was uh under page nine where you see go daycare and Vocational uh the spaces um actually still um should be aligned in between the two there exctly two separate item that didn't align it didn't print but at least one space for two students printed so vocational and school daycare where you see in the middle of the chart that say table B2 SL overlay 3 um G and daycare vocational there should be a line between the two items because they're separate categories and uh it said one space for two students uh on the over thank you Mr manager I do want to have a more of a indepth look at this I want to support this tonight but I also want to have a more in-depth um chat with you and the team about this particular thank you second okay yeah remember it can be amended on second reading if need be motion to approve second okay so motion to approve as written correct as me yes as written right right okay all right so um roll call we need a roll call commissioner shof yes commissioner floron yes commissioner Jean yes commissioner Joseph yes vice mayor Smith first reading yes mayor Piper yes pass a 60 Mr Mayor can I get an update on what's going on with Fortuna um we can do that off the Record so that we don't put any medical um concerns on on the record yeah thank you okay all right I Su just we just finish and get the next we going to be and correct me if I'm wrong Mr manager 11.6 right no I think 11. 11.7 and then 11.7 11.8 11. no but 116 the the clerk needs 116 right we need 116 116 is is important to to make sure that we're in compliance with our Charter um and and then we also need um the the other ones are time sensitive which would be 11.10 11.8 11.7 yeah well let's do 11.6 now 11.6 uh resolution number we need the motion and second introduce sorry excuse me I make a motion you got a second second okay all right 11.6 resolution number r224 d121 approved City commission meeting dates for the 2025 calendar year and Dre Bernard city clerk a resolution of the mayor and City Commission in the city of North Bay Village Florida North Miami Beach Florida sorry muscle memory setting the dates for the city commission meetings for the 2025 calendar year and providing for an effective date okay mayor yes if I may um to to introduce um at the workshop that we had earlier this um this month the um the commission asked what how would we potentially split up the the commission meeting so that um it is not as condensed as it is right now um essentially working with the clerk we as part of your resolution you'll see a second meeting the second meeting are simply the alternate dates uh that we would normally pass um so that if we can't have a commission meeting on Tuesday you have an alter alternate date which is the following Thursday we took that alternate date and simply um divided the agenda um so that the Quasi judicial and discussion items um are part of that second meeting um on a standalone and then everything else stays as a meeting one um so that you have that there that's okay so so the way so we're not going to we're not doing it the way that we're doing it now the dates are basically going to be the same unless unless we just say we want to continue like continue that's up to that's up to we had right I'd be in favor of that I'll be in favor of that as well just keep it contining the way we have it having as alternate and having the alternate um um being remaining the way it is and continuing with as opposed to having a as a requirement so I I'll I'll make a motion for that okay okay I just want to second wait a second this is discussion yes you have discuss I just not that I disagree or anything I just want to make sure we're clear as to what what what is it that you asked for we're going to leave it we're going to leave it the way it is and instead of having it as a standalone meeting that that remains we'll keep it we'll keep it the way it is and having as an alternate the second meeting will be optional will be optional as opposed to it being mandatory I guess correct so so just to make sure that I understand the the motion the motion is to keep the commission meeting um on the date but the entire agenda as it is presented tonight even Remains the Same and the second meeting is only the alternate date if we cannot have the first exactly that's well well well or if we decide that we need to have another meeting to finish I if we don't finish the agenda and we decide we don't want to defer it all to the next regular meeting and we want to have that alternate date meeting which is sort of what we have right now in place pretty much what keep nothing basically nothing's changing that's what we're saying that's what we're saying but but the last meeting we discussed having two meetings a month and how did we change it to two meetings a month and that was what we were coming back with we have the option for two meetings a we never take the option take it and so we always backlog look how you're hurrying tonight you're hurrying and there were so many mistakes we're trying to say let's do it responsible let's have the two meetings and make it work that we are doing it responsibly we've been talking about this now for months and now there was a way to figure it out the minute we figured out you know what you just did go back to the way we are so when you start rushing I mean I have two people that I want to try to get on a board because there's no meeting till December well for me look the the whole issue is that we're rushing is that when we do have our discussions they go at nauseum they go for a long long time before we had a system where we had like a certain amount of time for each commissioner to speak we've had items that have lasted one item have lasted 45 to even an hour that's that's something we qu eyes have gone hours we need to have a where we have a Les have a Time discussion for each commissioner not where it just bounces all over the place and us not getting to the item as quickly as we could I think that's something that's a procedural aspect and of time management between us as Commissioners now in regards to the system that we currently have I think it does work it's just the managing of the time that we currently utilize so that's why I feel comfortable and that's why I got a second from the mayor saying that we keeping it the way it is we should have a system in regards to how we deal with uh how as we how we deal on items as we discuss them because like I said before we have an ordinance that said we only had a certain amount of time for each and for some reason that always goes way above and nobody enforces it right so all right so so the the second was commissioner John by the way but um but anyway the um right I mean I think that the one thing we need to be careful of is that if we've got a big quasi type of project coming up that we might want to consider using that alternate date for that project I agree you know and and because otherwise we're going to just use up a whole meeting on the Quasi or we don't really want to have a situation where we've got um the people presenting and lawyers and everybody here and we don't have time to get Point Mr May a lot of the reasons that we go over is because discussion items being piled up discussion items now we I don't think we've ever gone except you know when we had the elevator sit or the the fire situation or whatever when it came to items that when it came to quasa I think we were able to get past all those right usually the discussion items it's the discussion items that always go past time right so that's but I'm like I said I made my motion I had my second if we can move forward because I know we have other items that we need to go through okay so just to be clear we're the the motion the second is for the um for it to be the way that it is right now yeah so this the the schedule's going to work the way it is right now I just I I I want to add something to what what um the conversation is here because I know one of the parts of the workshop discussion was um Council conference right and I don't see anything referencing that here how we would utilize the council conference and also workshops so that was the entirety of the conversation right okay so so I think that there was um some discussion that you know if we if we didn't have all of the proclamations that we would have some time during that conference time to prediscussion is because apparently there's a lot of confusion up here cuz I remember what I no I'm not I'm not when I say confusion means I'm just stunned no no no what I'm saying is I was at the actual Workshop right so I know what I want right um and so my question would be if we vote on it to leave it the way it is right are we able to come back and address all of the issues of concern okay because what I want is for the Quasi items to be separate so that we can address them and not have people sitting here all night long and in addition to that what I would like to see is the council conference being used as an opportunity for us to really kind of sift through some of the issues that we're spending hours and hours sifting through right now right so that's what I would like to see um and and that's not included in this in what you've presented to us tonight um commissioner um from my recollection on the conversation and workshops as well we talked about workshops and um setting dates for workshops so that we can also make sure we go through everything and shorten the commission meetings and then I see you have the 10 pm thing here as well from from my recollection of of the conversation when you're looking at it it was um the question was brought up about having workshops prior to to the commission meeting um and that schedule the week before um and there wasn't a consensus to make those either mandatory or anything like that then it was brought up that when they um when we've tried that in the past um we would not have the majority of the commission and then the same conversation that we would spend hours at at the workshop we would have to have all over again because other members weren't there so that conversation kind of stalled out um at the workshop then with regards to using the conference the concern that was brought up and and this is where I believe the conversation somewhat stalled out was that the conference is only one hour before and that's typically not enough time to dive into any real um conversation on any of the items but would be an opportunity but would be an opportunity to do presentations if we had any right corre um is is there a way for us to look at I'm sorry go ahead yeah so to to your point the charter requires that we have 11 meetings on the books right um and so how the charter is silent on what the um the agenda items of those are it does talk about um having certain certain provisions of how the meetings are carried over and stuff like that now if after today if we want to come back in December or January or whenever the commissioner wants to have that conversation again and say okay we these are the items that we want we want to now have the second item or the second me only when there are Quasi judicial that's something that you can do as long as we have those 11 on the book correct um then okay so that's that's what I want to do um in my seat if we have quasi judicial um which you're going to be organizing right they're going to have to go through chat and through the whole process if we have quasi judicial items I want to see those items coming in a separate form during a uh I'm sorry under uh a separate meeting and um you know so that's the same thing okay no we're agree no I don't agree with that we were just saying but listen the thing is is that we're leaving ourselves a little discretion cuz let's say the Quasi is you know like a a home addition or a pool or something like that and the rest of the schedule is not that heavy then we might say okay this makes sense but if we've got a new highrise quasi project then we know we better you know do a separate meeting but the question but the qu yeah it behooves us but it comes back up here right that it would it it would come back to the same process that we have now basically comes back to the same proc so that's what I'm trying to avoid what I'm saying is the manager has the question is has that ever happened we we haven't deliberately put it in place that that's the you know that's what's happen never I've never seen that happen you never seen what where we have microphone the the first time that it that it almost happened it almost was on the the meeting for next Thursday but then there was an issue where it couldn't happen but other than that it was a big quasi yeah it was a big quasi it was a separate meeting or whatever but other than that it is something that typically doesn't happen you're coming up with a with a scenario that doesn't necessarily happen Okay so why don't we do this did you make a motion on what what was your motion on to to to leave it the way it is now and who second that motion I have a question as well you too John and the issue also is that we don't use Robert Rules of Order everyone wants to speak freely without asking through the chair through the mayor and that's why the meetings run over as well we don't respect the chair we don't respect that position we don't respect the clerk and and I think those parameters need to be in place where we're respecting the autonomy of time and not just talking and talking and talking on and on the points are valid however we're not respecting the time we we we and and to that member when I was the mayor we had an electronic system that we were instituting that told the mayor who's next and put an order to it that's not the issue right now we don't have an order it's not a matter of order it's a it's it's not a matter of what order everyone speaks it's a matter of how long everyone speaks so so the you know that is something right well we need to do something where everybody's on the same page and people aren't going to get offended when they get cut off okay I'm going to speak when I get my turn okay um so anyway that that's what you know that is something we really need to look at going forward but um in the meantime commissioner Smith go ahead okay I'm going to put it on the table and I'm going to say it as clear as I know how to say it I read the agenda and I find out so many mistakes in that agenda and I go to the manager and I want to put it on record that those items are being corrected on record that you're I'm voting for it you're voting for it you're changing the code and you don't even realize you have three pages of the same thing and two pages are missing but when I read it and I find that and I call the clerk's office so when I come here if everybody else would help me and I even said I hope I get help tonight it was so intense four things were very big the overlay the park these are big things that you're changing in your city I don't know how clearly to make it the manager had a very good point and me that gets up at 4:30 in the morning it's so hard to stay alert till midnight on very important changes to our city so he put into this that your meeting the first meeting is over at 10: okay let's go back to the system because we're not going to finish at midnight tonight let's go back to your system the whole reason this is sitting in front of us is because we felt that we needed a change if you didn't feel that way we would not have put the staff through this we would not have gone through all this reading it revising it all of a sudden it comes before you and let's just keep it the same so nobody shows up at the workshops if they come sometimes half an hour late leave an hour early you don't get discussion which is very important do you want to change this should we change this should we put our staff through this this is bizarre that you think it can stay the same and just keep going till midnight you think we talk too much well read it and help us so that I know somebody else is finding what is very important when you vote on it you change it okay you know what the answer always was you can always change it back you cannot you need a majority vote and so if that's the way you want to keep it I I don't mind I don't mind but when it comes to midnight I am not voting to keep it after midnight wait commissioner Johns been trying to here's what I want to say to that to um that vice mayor Smith we have three Charter officers if you're going to increase the frequency of the meetings if there are mistakes the onus is on them oh that is the onus is on them so if you're finding the mistakes that's something that the charter officers need to be called out on well I assume if you're finding the mistakes you're telling them before the meeting to give them the opportunity to correct them before if they have a whole month to create the agenda and there's still mistakes that's something that needs to also be addressed well I mean but whenever it is that you know that any of us find a mistake when we're previewing you know what's going on you know what we're going to talk about but if you don't tell the other people how do the other people know what they're voting on how do they know what they're voting on they're just voting okay that's easy too respect respectfully um this Workshop that I participated in the other day the whole idea was okay well we're going to have two meetings right right now I don't want two of the same kind of meetings that I don't want so in in in that scenario I may agree with commissioner uh Joseph but what I am saying is that if we're going to have a second meeting we should put it in the hands of the manager if he has quasi judicial items that are coming up it doesn't mean we have a meeting every every fourth Thursday what it means is if the manager has quasi judicial that's going to take a while then we use that specific meeting for quasi judicial if like you're saying we have a 10-minute item we can take it up that night but for quasi judicial to have to come to us or for us to say okay well um we agree that we should have something else or we don't you know because we have to get Quorum and all this extra Jazz I I I don't think that's necessary I think what we should do is second meetings for quasi judicial and put it at the manager's discretion if he needs it so if we have two or three items want to have discussion discussion on discussion items phis let him talk no I want to ask that question it would be on the first meeting because right so this second meeting is only for quasi Jud proposal is second that's what we were discussing last time is that quasi judicial takes up quite a bit of time people are sitting here until midnight sometimes waiting so and then we would cap at 10 we would cap at 10 one moment commissioner one moment because it is my you're you're you're trying to amend the motion no no no I'm not amending it I'm just I'm just stating something if you think it's an amendment then we can we can go down that route but what I'm saying is we would cap it at 10: a at 10: p.m. as as we discussed during the workshop so that no meeting ever goes over 10: p.m. that we have whether it's a quasi meeting or a regular meeting it never goes over 10: p.m. that's that's what I'm that's what I'm so go ahead and then I have a high idea two things you've been here how long a year approximately have we ever not gone to 12 yeah one time we didn't one time one time what time five of 12 twice maybe twice yeah because I I remember getting high-fived yeah we're getting high it wasn't okay so the the whole idea of the discussion was that we constantly went to 12 we didn't get to do our best work at 12 we needed to space It Up on two meetings which both Phyllis and I push for two meetings because again as long as we've sat on this deis we had two meetings all the time it was every Tuesday first and third Tuesday every month okay when did it change to one I don't know but again you guys are here too long because there's too much too much stuff that has to be done in the one meeting and the May manager you can't put it on the manager to say how long a quasi judicial is going to happen CU there's no way of him telling it what if there's 20 people against it that want to talk then he knows it's going to be long but he doesn't know that till to the night the night of the meeting or when the time is the thing so he can't he can't the the way the way we have it we have the option for the second meeting and since I been here we haven't had it yet that's right we're supposed to you never we may have done it once but you know what I think the difference is is that the um the commission had to vote on if we're going to have the next meeting so so if there was a way to make it where right when we have the first meeting that if we vote we're not going to have Commissioners saying or Mayors saying that um we can't make it next week you know so you know this that that was sort of the problem is that the times that we were going to do the second meeting we we had Commissioners saying no no no I I can't do this next week Thursday so you know I guess the the the middle ground would be leave it the way it is but make that second meeting only for well or just make the second meeting there but subject to be cancelled if if need be it's kind of the same I mean either way it's kind of the same thing you know I would say if we do have a if if it is that it would only be utilized just to a piece my uh to I guess uh take the the thought process of uh um commissioner floron that it is strictly for quasa judicial because that would that would demand that type of uh or Le large quasi large quasi judicial item right large so so basically we don't the only change that we're making now would be that if we do have the second meeting right it would only be it would only be required for um large quaza judicial meetings right second I mean I mean not second I motion that motion I'd like to know just from my own understanding being for one year we've been working on trying to get and and commissioner smuckler was also in favor of that do you want to table this into I would like to know why my fellow Commissioners don't want to come a second meeting why don't you want to work why don't you want to give the public their money's worth why don't you want to have discussion seven people up here with seven ideas why commissioner Smith to that I don't think that's a fair assessment we have continued if you said yourself your your main issue is discussion items if I had a list I never said that no well you said hey what about discussion items no I asked him when we were going to do the Hang I'm not yelling I'm not yelling commissioner Smith I know but don't put words in my mouth please but commissioner Smith if we look at the agenda most of all the discussion it we've had are predominantly coming from one commissioner maybe we should limit how many discussion itms the commissioner could put on the agenda because that would save time we should also enforce an ordinance that keeps us from um going over time we don't do that technically the person that the the sergeant in arms I mean the per uh I forgot the parliament parliamentarian is the one that's supposed to enforce it but it hasn't been enforced it's about time management that's always that's what always been it's not about wasting resources it's about time management well and and by the way to the point of the meetings to me almost every single month we've had either an extra meeting for a workshop or for Budget or for several different things we've had you know additional meetings they weren't regular commission meetings per se but we did have additional meetings as well but all of us huh with all s of us well listen it's whoever shows up or does show up that's a different subject but the meeting was called and sometimes people are not there the whole purpose of presenting this the whole purpose and working it out with the attorney and working out with the manager was that it would be mandatory and that we would have the seven people that the public elected sit here in a meeting and make decisions that affects their life ma Madam commissioner and I will tell you another thing real fast while I have the microphone is the discussion items haven't all been mind let's go back the year count how many I've had and how many other people have had but the reason that I may bring up discussion items is because I like my commissioner's opinion many times I don't know what commissioner John knows I don't know what You Know M commissioner Joseph and I would like to learn so that I can say when people call me and say do this do this and do this and I can say but you didn't know that and I learned it at the commission meeting so all this very important and it always worked we had two meetings a month and it worked how are you going to have one meeting and go home by 10: let me know how you're going to do that no I do that I could I I mean unless correct me if I'm wrong but I'm thinking this is two meetings right this is one meeting for you know regular agenda and another one if necessary by the manager for quasi judicial so that's where right and that's where the word correct that's where the word mandatory comes in because that's no longer within our purview to choose it's now the manager's perview to just make it happen right large correct so that's where that comes from we have to be committed to the second meeting it's just a matter of you know do we really we know we don't want to have it if we don't need it this commits us right that's what this does it commits us to be available for that second Thursday so so do you propose do you propose accepting it and then if we don't need it we cancel it no what I propose this asking the mayor well I I made there's a motion on the it was my motion so so what I the way I would the way I would design it is that it will still be it will still be it'll still be utilized as an alternate but if it is utilized it'll be utilized for large quasa judicial items that's what that's my motion okay just for for clarification and I I know we have a lot of items that are time sensitive but when you say large quasi judicial is it a multif family is it for business is it a single family residential what is large multi pretty much anything multi I would say anything multi multi not not multi or commercial or multif family commercial right okay that's meaning that they would only be utilized so that if it if utilized right anything residential would but it will still be it will still be um reserved for alternate but only for those issues if utilized that's what I would say that's my motion if we can vote on it because we have other items please right okay so we have the motion we clarified the motion we have the second not um is this this is going to be the 10 the 10 p.m time slot right the 10 P p.m time slot no we're leaving at 12 no we're leaving at 12 we're leaving it at 12 we're we're leaving it at 12 or how about you want to leave the first meeting at 12 second meeting at 10 if if it if it happens if the second meeting happens yeah we'll keep ite um Mr uh commissioner Joseph so the whole thing about time management that you just brought up makes a lot of sense we're all I think in agreement with the fact that we need to do better at managing time during the workshop we also talked about time management preparing the um you know the agenda and everything and making sure things go smoothly so my whole thing was trying to leave her at 10 p.m. so um if we can do that that's just two hours staff now we put it on the onus on them to make sure that we run this smoothly um you you what what term did you use not sergeant-at-arms you used um parliamentarian we help get you guys if you wanted it I don't think you'd like it but I would get you done but 10 p.m. let's do 10 I would I would definitely get that done well look for because I I I want to um I want to hold my second I I want to um if I I I will concede the fact if it is if it does go to the it goes to the alternate alternate that we can keep it at 10 um but as it stands now because of the fact that we're at 11:26 we have to um I would leave it the way most people here want 10 we can always vote to go over so we can always vote to go over if you want most people want 10 p.m. no I'm not no you don't want 10 p.m. anymore I don't want want to vote to go over yeah okay so you want to remain at 12 is that what you're saying no 12 is the maximum but I don't want to stay until 12 yeah we don't want 10: with with with all I agree with you McKenzie I would stay till 10 that's fine with all difference if you imposed limits on how long any commissioner could speak on first blush and if you imposed time limits per item unless you vote to go over the time limit if you said that no item shall take more than 30 minutes or 40 minutes without a vote to extend and you put restrictions on not how many times a commissioner could speak but how long a commissioner could speak without their colleagues saying well you get longer you could still come back multiple times but you you could do those things it would require some discipline but you could do I think for right now the clerk needs to have from a charter standpoint can we right so so if we just say that we're going to have those two meetings um I think that we can and and I correct me if I'm wrong Mr attorney but you can work it out could could well could we um at a future meeting decide if we're changing the the time of the meetings as long as we have those dates there no well the thing is not we can depending I all right this is what I would say right the if the City attorney would come back with a policy as you pointed out that would manage because you are the parliamentarian right that would manage that would set out the rules of how we will dictate our meetings at the next um meeting we have in December then you know we you know I would say that at that at that at that appoint in time we would I guess amend this particular resolution because we need to do it because of the charter because of the as long as we have the meetings set for the calendar yes and and you know the second meeting will be second as needed meeting and then you know simply say if you adopt it as it is with two meetings and you just use the words for the second meeting if necessary you will comply with what the clerk needs for the charter and you can just say if necessary you've set the dates and then you can manage your way through that as you go forward with some other ideas but you will have a second meeting on the books quote if necess and and that we're committed to we're back okay that's what I wanted to make cu that's where we are now right don't don't make alternate plans for that second commissioner Joseph said it the Quasi judicial items large we multi multif family we were clear as to what that is that needs to be iterated but in regard because of the time management I would say can we keep it at 12 and then depending on what report that's the same thing as the leg as the proposed legislation though isn't it not that it's that it goes to 12 that we still to 10m meeting that goes to 10: that's what you're basically saying right no no that's not no what we're set what we're setting is the the dates keeping it the same we're keeping it the same however what we're adding to it is that if we do have a second meeting it will be for um um quasi multif family or commercial um yeah I mean I'm now I'm a little worried about the commercial but anyway whatever you want to call you definitely multi family multi family multi multi family and and and um if needed so that's I just want to vote on it because I know we have other items so let's it doesn't make sense what you're saying if you need a second meeting how do you know you don't need a second meeting because you have more things on the agenda now you're saying you can't even come in the second meeting it's got to be quad judicial it has to be that's but that's those are the items that would require additional time I don't think discussion items would would would would demand that that's but that's my motion well well yeah I mean and again I think we can adjust this and tweak this um as we as because we just we just want to set the date you know like like basically the second as if necessary you you need change your thing that's what it is well we're we're already we're already discussing how we're going to be enacting the parliamentarian to speed things up yes we're going to be working on time management we have it's mandatory we would have voted on this 10 minutes meeting if we need it if there's a large quasi it's going to the second meeting why are we going past 10:00 for any reason this is so bizarre that you don't you're not changing a thing a month that's that's why you're not changing a thing you could be kidding everybody haha we're going to keep it we're going to do it we're going to put the dates you have to be ready for those dates in case we need a second meeting anyway it's in there already if we need a second date it's going to be the fourth Thursday or the third Thursday it's already there so you might as well throw this in the garbage can we call the vote on on my motion okay all right so we we have the motion we have the second Daniel J Commissioner Jan was going to tell us about time I'm I'm just saying that we need to do better with time management and we need to respect each other's autonomy but at the same time we need to keep this moving okay right all right so all right we have the motion we have the second it's going to be um Voice vote right all in favor say I I I any opposed opposed we have one opposed two oppos all right okay the the Motorola one please can we bring that up the water the water water water water water sorry all right so right now we're going to the 117 right 117 move to introduce resolution 2024 d122 second 117 is a CH want to point out for the record the Yankees have taken game to oh okay item 11 seven seven resolution number r224 d122 approve all webs Enterprise change order Pedro Melo interim NMB water director resolution of the mayor and City Commission of the city of North Miami Beach Florida approving and authorizing a change order to the contract with all webs Enterprise Inc increasing the contract amount by $260,000 authorizing the city manager designate to do all things necessary to effectuate this resolution providing for conflicts providing for scriveners errors providing for severability subject to the budget appro appropriation and availability of funds and providing for an effective date mayor yes um essentially what this change order calls for is while we're doing well development um at the at the plant um there is erosion occurring around which has um soil stabilization issues and so in order to mitigate that and to continue the the well um development um we need a change order for above and beyond the scope of service uh that amounts to 260,000 um I'm sure our our team can go into much more technical detail if you'd like but that's the sum doesn't seem like we have much of a choice in move to approve so all right first of all we need public comment public comment is open if you wish to speak please come forward all right we thr no move to approve comments closed all right you got you got a a motion and a second second all right all in favor say I I any oppos passes unanimously next one okay 118 move to introduce 11.8 resolution number r 2024-25 Washington Park sewer okay Mr attorney second item 11.8 resolution number R 20241 123 approv Washington Park sewer and lift station Sam zamona Public Works director resolution of Mayor and City Commission in the city of North Miami Beach Florida approving and authorizing the award of invitation to bid number ITB 24-33 DSG Washington Park pump station en forc main project Park 1912 authorizing the city manager design to execute an agreement with the lowest responsive and responsible bidder authorizing the city manager designated to do all things necessary to effectuate this resolution and subject to the budget appropriation and availability of funds and providing for an effective date okay um essentially um this project is needed in order to construct the um the community center um portion of the park um this is currently only for that Park although um as we continue to look for septic to sewer conversions throughout the city uh this work will definitely be part of the Washington Park project or we'll be able to tie in um we did put out the um the bid um only two biders um put in one is uh which is the lowest responsive bidder is uh Southern underground underground which currently has multiple projects with the city um our initial engineering estimate was about 2. n 2.9 Million this came out at 5 .4 million um we do have the funding um with the various items that we have done either earlier tonight as well as during the budget session in which we um transferred um the PSA building over to water we did account for for any of that um overage as well so uh we are covered for the project okay so um did I miss we will need we will need public comment public comment is open no one came from public comments closed move to approve okay um all in favor I want to ask one question how did it come to double from from the time you gave an estimate wasn't the estimate recent because we just KN knew we needed it maybe six months ago or a year ago wasn't far back how did it come to double it's it's an engineering estimate um and so there's a lot of different factors that can be put into it um from risk um from the contractor side um there could also be just inflationary costs with regards to material um and and and so forth so there's a lot of different those are the ones where the uh the bidder um put in uh unfortunately we only received two bids um yeah so so we went through the whole bid process yep and flushed that whoever we could and you know I mean I see it all the time where an architect or engineer draws plans sits in his air conditioned office and throws a number on it which you know may or may not be the reality and then the contractors who actually have to do the work come and are like we're not doing this unless we get what it's worth no matter what the engineer architect said I have a feeling that's the scenario we have here is there something else that I may have missed answer no if we bid it out we flushed it out we have no choice but to to do it to make the projects happen I I don't see where we have an option move to approve okay I thought we already had that but all right so all in favor say I I any opposed okay passes unanimously all right um 1110 could we um could we we need a motion ince 1110 okay you skip a second for 11:10 10 you're skipping nine we're skipping nine for now for now for now I just want to get that one let's just get 10 resol we I we we we have a motion we need a second second okay we got the second all right Mr attorney please read 1110 uh item 1110 resolution number r224 d125 approv motor radios piggyback Nelson kamacho in well um we got it go Mr Pineo major opin inter chief police resolution of the mayor and City Commission in the city of North Miami Beach fora authorizing excuse me approving a piggyback contract City and motor Solutions Inc for the purchase of apx next portable radio software subscription and warranty and a total budgeted amount of $1,869 th000 authorizing the city manager are designated to do all things necessary to effectuate this resolution providing for conflicts providing for scriveners errors providing for severability subject to budget appropriation and availability funds and providing for an effective date okay well second let's let's uh hear from the manager or sure uh thank you um mayor and vice mayor commission um this is a contract um to upgrade our portable um radio Hardware as well as a software um what this does for police is allows for the sharing that goes with our carbine um and and that Apex type of system that we already have from the dispatch and able to get video sharing and other type of information and messaging over to the police officer in the field um this is also helping to match with the county system in which they are updating as well um a question with regards to the lease was brought up it is a lease to own so we do own these at the end of the lease um and the reason why we did the lease program is because we're able to spread out the cost of the purchase of the radios over multiple years instead of all upfront um it is a time sensitive as we have several um discounts that are being applied to this contract typically it would be about a $2.5 to $2.6 million contract but with the various discounts um that um we're trying to take advantage the price is reduced to 1.8 okay so you said we own we need public comment real quick I I know okay public comet is open no one's come forward public com I have a question about the ownership we would own it so we own y okay can you talk a little bit more about the technology good evening mayor vice mayor Commissioners city manager so in regards to the technology it's the latest technology that we have available to our officers um the system uh will provide now where the officers can talk it's a Bluetooth system the officers can uh talk to the radio handsfree they can now concentrate on the task at hand so it's easier they can set up perimeter points uh supervisors can now uh on their radio uh deputy chief Nichols will pass it around on their radio they can actually see where the officers are pinpointed and located uh it's just a lot of more safety safety features that are available compared to the current radios that we have that are completely outdated and they're at their end of life okay the next question that I had for you is um what's the warranty like for this for the life of the of the product itself is this a renewing contract this is a we're switching from Harris to Motorola oh we're changing per carriers correct yeah because Miami day County police and fire now are on Motorola so and we mirror them M so it's just it's just um it's just picking up the voice as as as um the officer speaks and start as as I know it commissioner that the officer speaks it recognizes the officer's voice and and it can communicate handsfree like a Bluetooth device yeah that's pretty cool I think we we see we need it so uh Chief could I ask you I ask the manager how how often with technology changing so quickly how often do they change the system we're going to own it and we have a 5-year lease so do they update it constantly so we the current radios that we've have that we have now we've had them since 2009 so I would say every 10 years or so at least no but now can they from their stations change the equipment that we're buying when they need to update it they could so a lot of times we build into our contracts software updates that we would purchase in order to to have that uh newest technolog we have the ability to do that to update the equipment in the next 5 years without having to change the equipment to new so if we need to purchase new hardware then that is an additional cost cuz you're buying the the a new unit um software updates are part of the licensing agreement that's that's um built into the yearly cost and it seem to beable so that's the good part about it I'm sorry what did you say I didn't hear you scale well because of the fact that the technology is new it's scalable as time goes by that can be upgraded I would to say not as much as when it comes to the hardware but based on what I've seen and what I've been able to get from um staff it's it's top tier newer technology is usually more upgradeable yes until it's not so you know over the fiveyear term that lease term it is under the equipment is under warranty um which is replaceable as well as the software updates are um annual as well as as software comes new software comes available after the lease program we have an option to continue on with maintenance um annual maintenance um at a nominal cost I forget what that cost is but that is um discounted after the lease term okay I have a question um as far as the old um well what what is now old um walkie-talkies what are you guys going to do with those so we are looking into a uh buy bag or recycle program I've been uh approached by certain uh companies that are within the cops that um buy and uh recycle and we may be able to get um a buck for each one no I'm kidding it's more it may be more than that but but we are looking into um Recycling and getting some revenue from those okay thank you as we pH them out sell them to another country all right so we have the motion we have the second yes um you know commissioner um commissioner uh chernoff said something about another country would they if if you were to uh give them to another country or sell them to another country would they have to also um have a internal dispatch system that matches with that or is just the hardware enough yeah that that's a conversation for another day please no I just no I I I'm Mr Mayor I just want to make sure I get the question um because we don't have the specifics as to what will happen for a recycle or buyback program I wouldn't be able to answer that specifically but depending upon what Harris has for those uh that equipment they would work through Harris for any compatibility thank you all in favor say I I any opposed passes unanimously thank you all right um could we two people could we take a vote on the two people the appointments let's do 131 and 132 we'll do them together as a move to approve 131 and two yes okay got a second all right all in favor say I second iord no can we say their name of what they're running for what they're going to be oh appoint um if you want toint are could you just I I can read let me let me read it appointing Jane El to the economic development commission and appointing Sebastian um schema to the economic development commission good yeah okay you know to uh point real quick I think what commissioner flont was poting out is that giving procurement or whoever that department the option to donate if if possible to uh uh uh uh to Haiti or or or another Nation right NE but have them have the ability to do that if if that's the best use of that as opposed to just recycling them that's or or smaller City that per or smaller City but this I don't know if you want to that's I I thought that's your problem yeah the problem is is that there there may be you may have to have a cal station for them to work that's why it's a conversation for another day on my report if we can get there huh he has an action action item on my report if we can get there okay we get to that we've got another item that you've got at least no you could I think um Mr manager I think we got the important ones right um the attorney's item is probably more important than anything that's left Mr attorney you're up okay we've been sued twice in federal court on civil rights violations one of them I think everybody knows about that got a lot of press attention for someone who claimed to have been wrongly imprisoned uh there's another suit that was brought against us for uh alleging basically that uh there was uh improper uh arrest tactics by the police in the nature of police brutality um our insurance excludes these kinds of things um which is a separate discussion for another day but because both had answers or responses due in federal court I was not in a position to wait to come to the commission so I'm asking for ratification I although I don't like using outside Council in this case these are first of all highly specialized defending those kinds of police involved cases and secondly I believe it is an ethical Conflict for for the city attorney's office to represent um both the city which is named in one of them and could be added to the other one and at the same time represent officers there was a recent case when I was for instance out in D's interim where the attorney represented both the city and the officers and um successfully defended the city which resulted in $600,000 judgments against indiv idual police officers who work for the city and I don't want the city attorney's office to be at odds with our Police Department um I think that required outside Council um I have talked to some of you and talked at some time um about the fact that the league of cities has very good insurance they have very good attorneys and so I went to the law firm that represents the league of cities in all of these items it's the Johnson andelo law firm in particular attorney Christopher Sterns and asked if he would represent us in both of those matters he said that rates are a little fluid um and asked for 350 an hour which I have agreed to subject to ratification by this commission I mean I could go out and find another Law Firm but this is a very good Law Firm a very good attorney and this is their specialty so I have with the consultation with the manager I've retained uh Johnson and suo and Mr Sterns to represent us on those two civil rights lawsuits at 350 an hour and I now present that to R for ratification by the City Commissioner just one question do do when you do that do we get cost back if we win if we win there's some federal civil rights is designed not to impose a burden on people it yeah it would stop people but that doesn't mean there are you use the word costs we're unlikely to get attorney's fees back but there are costs that are recoverable in an action if the action is not properly brought because the courts have authority to award costs such as deposition fees subpoena fees filing kinds of fees but not attorney phase typically not unless there is some other Factor now if it turns out that it was entirely created out of whole cloth was had no basis to it and was a complete lie then under Florida law which would govern the attorney's fees even though it's a federal case there's a a statute called 57105 that is if there is a complete lack of justiciable issues so if somebody just invented this in their head there's a possibility I wouldn't rule it out but probably what we're looking at is is a recovery for costs if we prevailed but not likely for turning space move to approve Mr Mayor I I made the Move Motion you made the motion who's the second I'll second you're the second okay um all in favor say I I any opposed passes unanimously okay um anything else we want to do in our last eight minutes motion to okay thank you is this