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Baby, baby. Please take your seats. The meeting is about to begin. Remember to speak into the microphone as this meeting is being recorded for public record. Please stand by. We are going on air in
5 4 3 2 1. >> Good morning and welcome to our monthly commission meeting April 22nd. Looking forward to a good meeting. Thank you to my colleagues who are here. We'll uh have full quorum uh momentarily. Uh turn
it over to our city clerk Ralph to give us any pertinent announcements. >> Good morning everyone. The city commission is physically present in the commission chamber at Miami Beach City Hall, 1700 Convention Center Drive, Third Floor. Members of the public are invited to attend either in person or virtually. If you're joining us
virtually, you can log in using the Zoom app or visit Zoom. us on your browser. You can also phone in at toll-free 888-4754499. That's 888-4754499. The webinar ID is 813-928-57671 pound. Again, webinar ID is 813928-57671
pound. If you would like to speak virtually on an item during the meeting, please click the raise hand icon in the Zoom app or press star 9 on your phone. The Zoom link, webinar ID, and phone number stay the same for every commission meeting. All lobbyists must register with the office of the city clerk located on the first floor of city
hall. You do not need to register if you are an expert witness giving only technical or specialized testimony, a representative of a neighborhood association or nonprofit speaking without pay or a private citizen speaking on your own behalf without compensation. However, if you're an
expert witness or a nonprofit or or a neighborhood representative, you do need to submit a written disclosure form to the office of the city clerk before speaking with the commission or city staff. Forms are available at the office of the city clerk. If a lobbyist gives or agrees to give $1,000 or more to a
neighborhood association or its representative regarding a city matter that must be disclosed in writing to the clerk. Note that contingencies fees are not permitted to compensate lobbyist. If you if you plan to speak during the commission meeting today, please sign in. You can sign in in the sign-in
sheets on the podium or use the QR codes also located on the podiums. Thank you, Mayor. >> Thank you, Ralph. Rick. >> Good morning. Pursuant to section 286.011, 011 subp paragraph 8, Florida statutes. As city attorney, I hereby advise the mayor and city commission
that I desire advice concerning the following pending litigation matter. Penrods, Inc. versus the city of Miami Beach and Buché Brothers. Case numbers 2023-16657-CA- 01 2023-56-app
012 2023-CV-23362 and 202513415. These cases are before the Florida 11th Circuit Civil, Florida 11th Circuit Civil Appallet Division. the South
Southern District of Florida and the 11th Circuit Court of Appeals Federal. Uh therefore, a private attorney client session will be held during the lunch recess of the city commission meeting in the city manager lodge conference room on the fourth floor of city hall to
discuss settlement negotiations andor strategy related to litigation expenditures regarding the above referenced litigation matter. The mayor will announce the commencement of the attorney client session prior to recession of prior to recessing the commission meeting.
>> Thank you. We have a lot of celebrations going on our city today. Um some of us are colorcoordinated to reflect one or both of those occasions. It is uh Yomat which is the uh Israeli modern state of Israel
Israel's independence day celebration. 78th birthday today. So a lot of celebrations last night and today it's also Earth Day. So um congratulations and uh we'll celebrate uh that as well. So a lot of good things happening today but obviously a lot of work as well.
It's my honor to invite Pastor Eddie Jerves Jervise our Miami Beach Police Chaplain. I love that badge. This makes uh looking good. >> Thank you. Good morning, mayor, um, commissioner, city manager, and
distinguished guest. My name is Pasad Jervis. It is an honor to stand before you today on this wonderful Wednesday morning. Let me give you a little story. In 1991, before I give the ovocation invocation, I had an opportunity to travel to Romania on school for a
missions trip just after the fall of communism. It was a nation in transition searching for identity, stability, and hope. And during that trip, a translator discovered that we were from Miami
with excitement. And the first words out of his mouth, Miami Beach. Miami Beach. He did not say New York. He did not mention LA. He did not even mention United States. He mentioned Miami Beach. and he
requested to travel back with us, reserving a suitcase spot for him. In that moment, I realized something powerful. Miami Beach is not just a city. It's a global symbol. It is a beacon. It is a brand. It is a witness
to the world. And with that recognition comes responsibility. Mr. Mayor, you have it. Commissioners, you have that responsibility. The power of leadership to determine this city on the map. the power of leadership to determine what it represents. Today you we we're standing
here reminded that the world is watching. You're not just building, you're telling the world how to build. You're not just promoting, you're letting the world know what you stand for. And it all begins in this room, in
this chamber, the meeting place, the launching pad, the decision that not only shaped this city, but build influence globally. Miami Beach. Let us pray. Heavenly Father, we just thank you for
the privilege and service of leadership. And we ask that you would grant wisdom to the mayor and every commissioner in this room. Wisdom to discern what is right, what is just, what is the best for the people they serve.
Give them clarity in decision-m, courage in moments of pressure, and unity in the midst of diversity. Strengthen their minds, guide their hearts, and Lord, honor their steps. Make every decision here reflect integrity, compassion, and
vision that uplifts not only the city, but set an example for our nation and world. Let the city of Miami Beach continue to be a beacon not only of beauty and influence but of righteousness, excellence, and hope. In
your name we pray. Amen. >> Pastor, thank you. You you that was very powerful. You actually had chills up here listening to you speak. So, thank you. And I I have that and I think probably speak for everyone here. Yes. Miami Beach, no matter where you go in
our country, around the globe, uh it has a special reaction from people. So, thank you for reminding us of that and of our responsibility uh with that and and it's a big weight. >> Thank you, Mr. Spar. Thank you, commissioners. And remember, South Beach is not Miami Beach. I mean, not Miami,
the city of Miami. We're two different two different cities. >> Absolutely. >> Blessings. >> I'm always reminding often I get introduced uh they they mention Miami. I'm like Miami Beach. >> And we do we put it in the name of a lot of the bandell. We we make sure that uh we remind people. So, thank you for
that. >> Well, since it is Earth Day and we had Arbor Day, I'm looking at Amy Nolles in the back to maybe uh would you want to come up and lead us in the pledge of allegiance? Amy is our chief resilience officer and director of the environment and sustainability department.
I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Okay, we'll start our sutnik time now.
Anybody >> Thank you, mayor. Uh, anyone who's interested in speaking to the commission, please approach the podium, state your name, address, and you have two minutes. Um, good morning commissioners, mayor,
and city staff. My name is Jose Frius. I'm resident of the Jacob Portoino Marina Townhouse. I have been part of the Marina community nearly four decades. First, I would like to thank Commissioner Alex Fernandez for
taking the initiative to introduce Terra Group David Martin regarding a potential marina project by Monty's as well as a possible update to the 1999 list to reflect today conditions. I also want to thanks to recognize
and acknowledge of the challenge of our neighbor has faced over the past several years. The increase in charted boat activity has brought impact that the marina infrastructure was never designed to support particularly safety and
quality of life for residents. Additionally, I would like to thanks as a city manager Osi Dominguez and assistant city manager Mark Taxi for taking the time to meet with our general manager, chief engineer, and myself. We
appreciate the opportunity to address ongoing concern especially regarding the misuse of the nonpublic Jack Club and how that relates to the original list terms. Moving forward, we respectfully ask the
city to remain proactive not only in planning for the future improvement but also in enforcing the current lease requirements and operational standards. We will also appreciate the clear followup
and accountability on these issues. Our goal is simply to ensure that this marina operate as intended, a firstass facility that coexists responsibility with the residential community. Thank you for
your time and consideration. >> Thank you, sir. Next, please. >> Okay. Uh we have some documents to hand over uh to the commissioners. Okay. >> Yes. Hi, my name is Honor Gandhi. Uh I'm
a resident of uh Miami Beach. Uh I grew up here and also I run a business out of here uh just down the street. Uh so my topic of discussion is paddle courts. Uh basically I wanted to bring this up. Uh I want to first ask everybody in the room uh if they anybody has played
paddle. So please raise your hands. Okay. Not many people have. Some people have. Okay, that's great. And who has played? >> He looks 40. And how many people have played tennis? >> Okay, more people have played tennis. And how about squash?
>> Okay. >> Okay. And then uh the last one is pickle ball. That's another popular sport nowadays. Okay, perfect. Just a few. >> I love this interaction. >> Paddle and paddle. Basically paddle. Yeah, it's the same thing. Yeah. >> Yes. Yes. So, so basically uh so
basically I wanted to bring this topic up because what happens is um there's a lot of uh proposals coming into uh uh you know in front of you guys uh for more and more pickle ball courts and more and more more u paddle board paddle courts and uh I think there's a problem
with um the definition of uh this paddle court uh in fact it's not really a court it's a structure it's a building structure so I created um you know a chat GPT generated ated uh document which explains you know the difference
between the different sports and also uh you know how you have to build these structures for paddle differently from uh tennis and so on. Uh and then I also I also created another document which shows um the different projects uh that are in commercial zones and also
projects that had some problems in the residential zones uh in West Palm Beach. a billionaire, for example, wanted to build a paddle court, paddle structure on his backyard, and that he had some issues and so on. Anyway, I think I'm running out of time, right? So, overall,
uh my issue is uh one uh there's a a paddle uh paddle court structure uh that's going to be built uh on the top of the parking garage that's going to eliminate 200 parking spaces. Uh it's a good location because it doesn't create any light pollution. It doesn't create
any noise. It's away from residential zoning. It's great. Uh but then uh there's a proposal which you're going to review today uh in the afternoon uh where uh the design review board approved to build four paddle courts be four paddle structures behind my house
on Lor's uh you know uh golf course. I bought a golf course property when I moved back from San Francisco. And now uh sorry >> view I need you to wrap it up. Go ahead. >> So uh these things uh create light pollution. they create uh noise. Uh so I
think when uh the commissioners and the city personnel review the cases, they have to interpret these uh paddle courts as paddle structures and they have to also look at wind mitigation studies. They have to look at environmental effects, how the lights are going to
impact the birds, us humans, and how we're going to sleep at night if they're going to build it next to my house. So I really would like to ask you to you know start thinking about those kind of things when you're approving things. So thank you so much and I have one more comment that's for the >> I need you to wrap it up.
>> We we have another session in the uh afternoon area. >> Yes. Yes. But I have one more comment. This is about ethics. uh the city attorney uh Nick Kerggas um needs to basically um apply um some um rules of
the floor when he oversees uh the uh you know the sessions. Uh for example, when the design review board uh uh member is voting for example for the paddle courts to be built in front of my house uh she should make a disclosure about the fact
that she owns two houses on the golf course. She should also make a disclosure about whether uh she is a member of the club or not or whether her husband or son is a member of the club or not. Thank you. You're welcome. And none of these disclosures were made and I think it's really uh not ethical. So I
got affected by this. So I just wanted to bring this up. I had to fly from London here uh to uh present my case. >> Thank you. >> Well, thank you. Thank you for being here. Is that a public uh comment item >> later? >> Next, please.
>> Thank you. Thank you, >> Mr. Mayor. Just a suggestion. >> Just a suggestion, >> Commissioner Fernandez. >> Maybe maybe we can refer a discussion to land use on the on the issue so that we can expand on on the discussion on setbacks and that type of stuff about
the Pentel. Just a suggestion. >> Um, I'm happy to do it, but there there is an item later >> on the on the agenda. Correct. >> It's a DRP appeal. the DRB well there's a quasi judicial hearing on a DRB appeal so I think what commissioner Fernandez
is is suggesting is is different to to address broader issues >> sure happy to do it thank you >> so backlation of referral to land use to discuss setbacks regarding >> paddle courts >> okay
>> yeah and other things solutions >> other related yeah or okay got Okay. So, thank you, sir. Go ahead, please. >> All right. Good morning, everyone. Uh, my name is Manny Orosco. I am here in my personal capacity as a lifelong Miami
Beach resident in support of the towing item. Uh, I will not miss words and saying that towing in Miami Beach is known to be predatory and it represents some of the worst of what our city has to offer our residents. Yes, I have been towed one too many times since I first
got behind the wheel at 15. Uh so safe to say I have been waiting for this moment. Uh but my most recent towing just a few months ago is emblematic of what is wrong with the system. I was towed from my residential zone just uh less than onethird of my car was touching the yellow curb. Uh yet my
entire car was taken and on top of the towing the city issues a ticket. So you're hit twice. Uh there's no worse feeling than walking outside and finding your car gone. taken and ticketed and over no real public uh safety justification feels like a violation
because it is. And the predatory behavior goes beyond the just the tow itself. These companies know every trick, claiming their card machines don't work, so you're uh forced to use their ATM machines and pay additional fees. I once caught them attempting to tow my car from a private lot without
the uh property owner calling for the towing uh knowing that they can't do that. But I only knew that because of my background in local government. Most people don't. And that is exactly why stronger oversight of these operators need to be part of any reform. Miami Beach is home
to people of every social economic uh background. When your car is taken, you require and you're required to pay large sums of money. Uh that is not a minor inconvenience. That is a crisis for some people. Commissioner Fernandez, Commissioner Bot, and every co-sponsor,
thank you genuinely. But I ask that the commission go one step further. When the administration returns with their reform plan, please consider including a retroactive appeals window where residents towed for marginal violations in the last 12 to 24 months can petition
for a refund or a fee waiver and pair that with real accountability. Other cities have done this. It is reasonable. It is doable and is the right thing to do for the residents of Miami Beach who have been screwed over by the towing companies. Thank you very much. >> Thank you, Manny. Thank you, Commissioner Fernandez, for bringing the
item. I've actually gotten in the probably the last two or 3 weeks more complaints about the towing than I had in in several years. So, something is has to be going on. I'm getting a lot of complaints about it. So, timely timely item. Thank you, Commissioner.
>> Thank you, sir. Go ahead. >> Good morning, mayor. Commissioners Matthew Gautanov, 125 Jefferson Avenue. Last Thursday, a woman was killed crossing 41st Street, just a few blocks from the mayor's home. She had the green
light. She had the walk signal, and she was in the crosswalk. She did everything right. A left turning truck driver hit her with her mirror, and when she fell, the truck's rear wheels ran her over. I don't know her name, but I know this.
It could have been any one of us. The next day, a bicyclist was hit on Alton Road. And recently, a construction worker crashed on 17th Street. Those are just a few of what we heard about. Last year, according to Signal 4
Analytics, nine people died on Miami Beach's streets. That's up from five the year before. We're trending in the wrong direction. Mr. Mayor, you say that you want Miami Beach to be the safest city in America,
and you boasted about bringing down violent crime, especially in March. Bravo. You and others deserve praise for that. But for most residents, the real threat isn't a random act of violence. It's crossing the street. It's riding a
bike. Florida leads the nation in pedestrian and bicyclist deaths or bicyclist killed. And yet silence from the status. Every week this commission gets a weekly homeless efforts email. It's a scorecard of
people arrested, Baker Act, or taken to shelters. Every week you measure enforcement against the unhoused. Where is the weekly email of traffic crashes? If it matters, you measure it.
Almost a year ago, the city adopted a vision zero action plan with a goal of elim eliminating deaths and serious injuries on our streets. The target date 2040, 15 more years.
Meanwhile, excuse me, Mr. Mayor, could I have one more minute? Yes. Thank you. Meanwhile, Hoboken, New Jersey, hasn't had a traffic death since January 2017, almost 10 years. It's a city our size,
and it's just across the water from Manhattan, like we're across the water from downtown Miami. They didn't wait until 2040. So, I ask, what will you do to make it safer for people to cross the street? Residents don't just feel
unsafe. the data proves that they aren't. Thank you. >> Thank you, Matt. Actually, uh I appreciate your comments. I'm I'm presenting tomorrow to the Miami Dade TPO, a transportation planning organization. Um water taxi is a big topic conversation, but so is bicycle
safety, uh bicycle lanes, pedestrian safety. That's a part of what I'm going to be addressing. It's a it's a countywide problem. Um the numbers are not good countywide, as you know. Um and uh certainly it's something that we're looking to to address. I'll also add you
you mentioned the uh the tragedy last week on 41st and I may ask my colleagues for for help on this too. I had brought an item um a year or so probably more. There's there's two lanes on 40th and 42nd. Uh there's a 40th and 42nd there's
three intersections that we can add an extra lane. Um so you can have a dedicated left turn lane with a signal. Um, but it's it's requires some and we're gonna we're going to need to push F dot on this in a big way. Um, and that would not only potentially ease traffic
because I I I'm a believer and that a lot of the problems there's too much traffic. So, you have so many cars and pedestrians, but you also have a situation where we could have a dedicated left turn lane on three of the intersections and uh we need to make sure that happens. Um, it uh it's
there there's too many. I mean, my understanding in that situation is the driver, for whatever reason, didn't even see her. Don't know why that is. I'll I'll leave it to the police to uh to conduct their investigation, but um tragedy nonetheless, but we recognize the issues. Thank you. >> Thank you, Mr. Mayor.
>> Is there anyone else present? >> Good morning. I'm Mitch Novik. I manage two multi-family unit apartment buildings here on Miami Beach. Yesterday, I received my two waste connections trash invoices.
They've gone up 17% over last month. I called uh my account manager said it's pretty much across the board. Uh, and when I arrived here, uh, nearly 40 years ago, we had up to seven
trash haulers to tr choose from. Uh, in recent years, that's down to two in terms of two available. Uh, I would urge you to immediately add a third trash hauler to uh
to to to make for some true competition because uh it's the residents here who are getting uh trashed uh uh due to this uh monopoly. I've been following your water rate increase discussions. uh you
want to raise the rates uh by 10% each year uh for the next five years. Uh let me remind you since Jimmy Morales became our city manager uh I don't know what was it 15 years ago, we've had rate
increases every year in October uh on utility rate uh utility billing water rates. I would urge you to cautious in that time since Jimmy arrived here. We've hired 500 more employees. It's not
so much the water rates themselves. It's the infrastructure improvements uh that uh I've been paying for. We've had these we had incremental increases years ago. Our uh infrastructure by all means
should have been goldplated by now. So that should be uh a primary focus. Thank you. >> Thank you. Anyone else present wishes to speak? Seeing none, I'm going to go to Zoom. Our first caller is David. David, state your name, address, and you have
two minutes. >> David, go ahead, please. >> David, we cannot hear you. >> Uh, can you hear me now? >> Yes. Yes. >> Okay. David Ston, 30-year resident of Miami Beach. Uh, I want to thank the commission for moving forward with the
Byron Carile. It's a project that is near and dear to North Beach and to all of our residents. Uh, we got got great results from the RFQ that resulted in a three-way tie. All
three of those firms are amazing. But one of those firms, Brooks Scarpa Yuber Architects has true connections to our community. The other two are based in other countries and this uh firm has
resolved in it that are actually residents of our community. So in the case of this tie, I think weight has to be placed on that local uh in local connection and I I hope that that's the way this will move forward. Thank you. Thank you. Our next
caller is Rachel Seagull. State your name, address, and you have two minutes. >> Miss Seagull, please unmute yourself. >> Uh, I'm sorry. Okay. Can you hear me now? >> Yes. Go ahead, please. >> Okay. Uh, my name is Rachel Seagull. I
live right by South Point Park and I own an 8B dog who loves to play. She's only two years old and she loves to run around and play and unfortunately there's no place where she could safely
run. Uh and therefore what I am really supporting is the resolution to create a an early morning uh off leash area. So my dog, as well as the big dogs that are
able to do that in the dog park, can enjoy being a dog and run around and run free without a leash. And she could get her exercise and lift as happily as the big dogs that uh get to enjoy the dog park, the existing dog park. Uh, so I
really would appreciate it if there was a time that I could take my dog off leash and not be harassed by the rangers. Uh, thank you so much. >> Thank you, Miss Eagle. Our next caller is Omar. Omar, state your name, address,
and you have two minutes. >> Hi, Omar Himenez. Uh, 7324 Gary Avenue, Miami Beach, North Beach. Uh, good morning everyone. In recognition of Earth Day, I'm calling about a very important public safety item that's been on the agenda for about 2 years now
without any progress. Commissioner Commissioner Dominguez initially sponsored it and it was uh co-sponsored by Tanya Bat. That is Crab Ali or Tatum Waterway Walkway North Beach. As we celebrate Earth Day, there's a big push to qualify our city as a blue zone. But
I think it's very important to highlight the current impass that the city attorney's office has been having with the county school board and the county in relation to establishing a successful Eastmith agreement on the Tatum waterway walkway in order to allow the city of Miami Beach to do the right necessary
public safety upgrades to the walkway that's all that's currently all broken up and unsafe to add lighting so that at night it's not unsafe for residents and to curtail vagrancy so that people don't go there to smoke drugs and homeless
people use it as a uh night sleeping shelter. Um I'd really appreciate if we could put a little bit more emphasis on this especially since it's Earth Day and the city is so focused on qualifying as a blue zones. Thank you.
>> Thank you so much. >> Thanks. Our next caller is Mark Gellman. >> Good morning. Can you hear me? >> Go ahead, sir. Mark Gellman. I live in Mid Beach. Uh, I want to echo much of what Matt just presented regarding street safety. And I
want to question I live on Mid Beach and and we cross 41st Street regularly as do many of the residents. I want to ask the question to the commission and to the police chief. What is being done right now immediately to keep our streets safe? I heard the mayor's presentation
of what you're looking into for the future, but why are there not police all day long? Not just during the 3 to to 5 hours or 3 to seven hours later in the day, but all day long at those intersections that are so busy. There
needs to be traffic police there all day long making sure it is safe for pedestrians to cross the street. This is not the first time someone has been hit and injured. this time with a fidelity. What is the police department doing
today? Now, thank you. >> Thank you so much. Our next caller is Judith Smeiggel. >> Good morning and thank you. I'm also concerned constantly about being um
being in danger when I cross in the street. I like the idea of traffic cameras to catch red light violators. I like the idea of installing them and having signage telling people
it's a major deterrent. I understand there's some blockage at the county level, but I urge the mayor to bring that up. >> Thank you. >> Thank you so much. Anyone else in the audience? Seeing none, Sutnik is concluded. Mayor
Thank you. Any other announcements before we start with the agenda? >> Yes, sir. >> The following items have been separated from the consent agenda. You have a list that includes these. I'll be adding one more in a minute, but Commissioner Bot is separating from the consent agenda.
C7P, C7S, C7X. Commissioner Dominguez is separating C40 to recuse herself and C7P. Commissioner Fernandez is separating
C2E. >> Commissioner Matel Selenas is separating C7P. And please note, she has added to separate C7U. That is not on your list. So if you could please manually add C7U as a separated item.
>> Commissioner Suarez is separating C7P and C7 AF. If I could have a motion to accept the consent agenda excluding the separated items. >> Moved. Any discussion?
>> Uh, Commissioner, Vice Mayor Dominguez. >> Uh, Rob, as you mentioned, uh, C40, I serve on the board of the World Affairs Council and I >> believe it's C7P. >> Oh, yes. Okay. >> That item that you mentioned a C7P. >> Oh, I'm sorry. So, sorry. C40. So,
sorry. It's my fault. Yeah. >> So you are asking that to uh basically recuse yourself from it. >> That's the only reason why I pulled it. When item gets called, I will leave the chambers. >> Okay. Thank you so much. I heard that I have a motion by Commissioner Fernandez, seconded by May.
>> Mayor Miner. Uh all in favor of the consent agenda excluding the consent the the pulled items, please say I. >> I. >> Anyone opposed? Hearing none, the consent agenda excluding those items is approved. Any other announcements? >> No, sir.
>> All right. R9L R9 R9L L is discuss security B ballards north end of Ocean Drive mid beachwalk. >> Commissioner Magazine co-sponsored by Commissioner Bot and Suarez. >> Yeah, thank you Mr. Mayor. Uh th this
kind of follows a theme that I've really been addressing is really taking pride in the appearance and aesthetics of our city, especially somewhere like Ocean Drive, which we all uphold as the postcard to our city, right? We all take such pride in the architecture that is
there in Lumis Park. I was there this weekend, as I am most weekends, and when it is good, it it is just unparalleled the best in the world. But we also need to treat our public rights of way for which we hold responsibility in the same high regard that we hold property owners
uh in that area because it is all one ecosystem. So with security also in mind at the north end of Ocean Drive for several years we have just had this uh intermittent situation that does not uphold those standards of uh beauty and
aesthetics and uh really making that one of the most pristine areas not only in our city but in the entire country and the entire world. I think when we do things we should always strive for excellence and world class. Uh, so with that, I'd like to move forward from this
situation that just looks like we're stuck in purgatory with a this ugly halfbroken gate that goes up and down by somebody that's there and install something that you would see uh in places that are world class in front of
the New York Stock Exchange in downtown Manhattan. Uh, it's not intricate, but it just adds uh aesthetic uh beauty to that area. So, I'll hand it over to uh David Gomez uh head of CIP to kind of walk us through those steps. >> Good morning, Mr. Mayor, commissioners.
Um David Gomez, director of capital improvements. Um thank you, Commissioner Magazine, for for doing a pretty good job of summing up where we are. The as you all are intimately aware, there is a concern with security on the Beachwalk
and and restricting particularly vehicular access um to the beachwalk. uh and and ensuring the safety of the users of the beachwalk. We have completed a comprehensive study of not just the areas at Lumis Park, but citywide. We
have met with uh community representatives as well as uh Commissioner Magazine and and his office. Um we have heard feedback from the community regarding the aesthetics and the functionality of the of the
whatever system we put in place. there is a layer of penetration that is necessary for city vehicles and city maintenance vehicles and even on some occasions private maintenance vehicles. So we have identified in the short term
some quick fixes that we can put in place while we develop a a a broader fix and we've identified potential solutions. We are now ready to begin sharing that. I've just given a report to the city manager's office which I'm sure they have not had time to review
yet. Uh and we're happy to bring back some recommendations on a quick fix. >> Thank you. David, do you have uh depictions of what those uh solutions are? >> We do. There's actually a couple of different ones uh that are >> I mean today >> uh I don't I didn't bring them with me,
but I can give them to you today. Um, some of the things that we're looking at is, uh, for example, on the at the end of Fifth Street at Lumis Park, there's some concrete barriers. Uh, and I think that's the that's the aesthetic we're we're using for the temporary solution,
something like that or similar so that we can start controlling access and yet be somewhat cognizant >> and especially in our mid beach area, right? That is uh it's a concern. We've seen cars uh erroneously. Thankfully,
it's not been anything nefarious uh that have actually traversed on the uh beachwalk there. Um so, we need to move forward. We need to move forward swiftly, but we also need to move forward in in the manner that I said earlier. We're taking pride in this is
truly a world-class area, whether it be ocean drive, the beachwalk in mid beach. So, we need to do things with the highest regard for aesthetics while also serving a great functionality. So look forward to that design. Let let's move forward with this quick because like I said uh this is something that is much
better to be proactive on uh than God willing not reactive. >> Okay. >> Start going. >> Good morning again. Mitch Novik. I live in the uh entertainment district. Uh, Commissioner Magazine, you referenced
the railroad type gate. Uh, that was ordered removed by the county. Uh, uh, that was the one in front of the Betsy Hotel. Uh, remember we paid up to nearly a million dollars a year on private
traffic management, which resulted in chaos. Some poor guy got both legs amputated uh being run over by a tractor trailer truck along Ocean Court. You can't close the street. I traverse that
street and it's ne it it it greatly disrupts my business whenever it's closed. U uh as for the southern end, uh there's been traffic cones there. Sure, that could be beautified. But remember,
public safety is paramount. Uh who could forget the poor guy who was shot dead during the pandemic when uh fire rescue couldn't uh get to him? He had to be taken by a golf cart to 15th Street so
first uh responders could uh do their best to to assist him. Thank you. Uh, madame vice mayor. Yes. >> Um, I just in response to your comments, Mitch, I want to point out to anybody who is listening and and engage with you on this. This is um not intended to
impede the public safety access for our life safety people. Fire station fire it would be hard to move a fire station. um we've tried um fire engines and police vehicles and emergency vehicles are are
going to be able to get through depending on what the system is that we use. There are various types of systems um that will um indicate to drivers that they are not supposed to be there. In North Beach, I've seen full-on motorcycles, but this was even before
micromobility, getting on at Ocean Terrace and speeding at 50 miles an hour down uh the beachwalk. Um we've seen people in Limus Park, not knowing that they're in the wrong place, driving on the grass. So, this is intended to do that and and and prevent people from
getting onto those areas. And I would remind everybody if um you know there are literally medieval cities in Europe with incredibly narrow cobblestone streets that have ballards that can be um recessed and automatically
um operated by the vehicle uh vehicle trying to get in even residents who are living on those streets to keep unwanted traffic off. So it is a necessary thing. It's been kicking around for a very long time. I'm, you know, a little frustrated
that it's been so long, but it's it's coming forward and it it is necessary for the city. Um, and there are ways to do it in a manner that um will not um impede the desired flow of traffic. So, I just wanted to clarify that.
>> David, are we getting funding from the state for these ballards? >> There is no funding for the state at this time. The current budget we have is a partial funding. There's there's another request that's happening as part of the budget cycle. >> Okay.
>> Commissioner Magazine. >> Yeah. I think we're waiting on CIP. They send a report to uh the city manager. Um but we talked about moving forward. So I think we can uh um table this discussion. >> Right. I don't think there's a motion.
>> Do you when you say table, do you want me to put it back next month or >> keep it on until I >> I think we'll trust the administration to move forward and if not I'll put it back on. >> Okay.
R9T. R9T is discussed take action update from police and transportation on traffic congestion in North Beach. R9T Commissioner Bot. >> Um okay. So this is like a a slow
rolling ongoing conversation. Um, it actually is um a conversation that incorporates um things that are being handled by transportation um things that are being handled by public works and things that are handled
by police. So maybe if we could have everybody up to the podium and and um we can talk about some of the issues that we are facing and the steps that we are taking so that everybody can be aware. This is something I've been working on
since I was elected. Um in particular the um triangle. I call it the Bermuda Triangle. Um when you're driving north on Indian Creek where it turns into the triangle with I think it's Abbott. I'm terrible at street names. I've only lived here 23 years. Why would I
possibly know the street names? Um I think it's it's Abbott, right? That when it goes off of Indian Creek and then intersects with with 71st and Dickens, that Bermuda Triangle is a disaster at the best of times and absolutely
impassible and unsafe at the worst. It backs up starting at 3:30 in the afternoon. It is um it backs up um heading south from about 7:50 in the morning. Um the there is a side street that cuts in that people use as a back
conduit, which is legal and permissible, but they don't seem to think that the rules of traffic apply to them. So, they don't stop at the stop sign. People turn into streets going the opposite way of the right of way for traffic. um somehow
in that triangle people are so desperate to get through that intersection that they do the most insane illegal driving maneuvers and I see it every single day. So, um I would like to call on all three of you to talk about the the steps that
we've been implementing and are in the process of implementing even though um there's stuff that's still in very early developmental stage. And there's also stuff that we've been uh working with and has improved things, but this is not
the where we're finishing. This is just an update. So, you guys decide who gets to go first. >> All right. Everyone's looking at me. So, >> okay, Jose, no pressure, man. >> Good morning, Mr. Mayor, commissioners. Jose Gonzalez, transportation and
mobility director. Um, commissioner, we are all painfully aware of that triangle that in, you know, that area, not just that intersection, but that, you know, the whole area there in North Beach. uh you know the the congestion that we see
happening there in the mornings southbound in the afternoons now uh northbound large part of it is a product of a couple things first of all the the lay of the land the the roads that we have not too many in that area it's a
thin part of Miami Beach so um not too many choices and secondly um demand exceeding the capacity of the roads those roads have looked exactly how they look today. They've looked like that way for decades and decades and
decades. Um, however, the land use around it has changed quite significantly over the decades. >> So, let me stop you there for a second. Tom, I think you're here, right? You're back. Sorry, dragging you up here, too. So, this is a conversation you and I have had multiple times over the years,
even from before I was on the planning board. We require new developments to do traffic studies. And Jose, this falls within your your Bailey Wick as well. We require um individual development projects
um even if they're being developed within zoning as opposed to through a DA to do a traffic study. And I have never heard a project come back saying, "No, no, no. We have to think differently about the the size and scale of our project because it's going to impact the
traffic flow negatively in this area. Not once." And my thing has been and we've talked about it ad nauseium how do we do this better because it the traffic study requirements that we have in our code apply to a small radius but nobody
is looking holistically we have 13 now we have 18 buildings coming up in the town beach in the north beach town center nobody has done a holistic traffic study because it's not required every independent develop developer has
done what is required and yet I think The technical term is that screws over the residents because we have now 18 projects that that when you aggregate them together um destroys the the limited space that we have. So, can you
address how we can change that, improve that going forward so that we can I mean, we can't add roads and we'll talk in a minute about some of the things that John and Jose are working on together to change the flow, but can you please address that if it's a a land use, you know, some kind of code
amendment that we do, if it's mandated by the state, how we can change it because we can't keep going on. It's happening all over the city and it's going to get worse. the the area of North Beach um like the rest of the city is falls within a larger concurrency
exemption area. And so under state law, the the city cannot deny a development project even if it's a failing roadway. And unfortunately, not just in North Beach, but other areas of the city, we have a lot of failing roadways and a lot of failing intersections.
>> So, how do we change that? Is that a >> that would be a state law >> that is that a legislative priority that this sh city should adopt for next year? I mean this is a public safety issue. If people can't get off the the island during a hurricane scare that's a huge problem.
>> Would you would you yield commissioners? Okay. >> Tom, could you explain that again? Okay. Because I this is like my jaw just dropped. I've never heard of this before >> and it's quite frankly alarming.
>> So tell me specifically again what is it that that that that we're not allowed to do? So under state law um we cannot deny a development project that otherwise meets all applicable requirements of our
LDRs our comp plan even if it's may be preempted in terms of F or height through live local act based upon failing roadways or failing intersections. We can require traffic studies which I do believe take into
account uh future development projects and expanded areas. But those traffic studies and circulation studies basically help inform the best ways to get vehicles in and out of that particular project. But they don't
address the larger issue of failing roadways and failing intersections short of a change in state law. That's something that we just have to manage and deal with as best we can. >> And so here, if if I may, through the vice mayor,
here in lies the issue because Commissioner Fernandez is arguably the most well-informed about land use laws from the state and and the city and the county with his experience and the fact that >> I would push back on that. >> I'll push back on that. I don't I don't
want to be the most experienced in Alma about that. I'll leave that to our city attorney. >> The fact that he didn't know this and you and I have been talking about this for years. I >> it is such a fundamental life safety issue and I've said from day one, our
biggest job here, our only job here is protecting our residents. Everything else is secondary. We can argue about all the details, but our job is to protect our residents and our visitors. And if one of the biggest threats is that they can't get to the hospital because of rush hour traffic. I mean, we
were at in at a neighborhood meeting yesterday where people were saying it took 40 minutes to go two miles. It's not during Art Basle, which is the way it used to be when I moved here where everyone knew you just plan differently. It's a random Tuesday in April. It's not
okay. So, we need to figure this out. And I'm not y I mean, I know it sound like I'm yelling, but I'm not actually yelling at you. I'm just sort of, you know, feeling salty. This is not an we can't let this this continue to be the status quo because people will die. Matthew brought up some really um
painful issues about people dying on our roads. It's only going to get worse. We are compounding all of these issues all of the time with lots of different angles and we can't just say, well, we can't do it because of the state. So collectively I'm all of the staff and
lawyers and everybody we need to figure out how we're going to resolve this because we just status quo is not sufficient. That's going to be a longer heavy lift and I and um I I hope we can engage constructively on this going forward. In the meantime, if we can and
thank you for that, Tom, I appreciate that. But if we can go back to the the the tactical things that we're doing to nibble around the edges to improve things where we can. And Will, I think he's probably here in his favorite corner is um also working on issues which impact these um traffic situations
as well. So if you'll come up and talk about that. So okay, >> Commissioner Bach, do you mind if I interject with a quick question on sort of the topic you just raised? I just want to make clear. We talked about sidewalks and intersections, but John John John John John John John John John John John John John John John John John John John John John John Norris our public works director but still on
infrastructure we can reject projects if we don't believe it we could possibly meet the demand. Is that is that accurate? >> I'm going to Mr. Mayor under water and sewage. >> Yeah. Under under the um state
comprehensive planning laws, um we are not prohibited from requiring that before a building permit is issued, any development project, whether it's live local or as of right, must meet the minimum level of service standards for water and sewer. Okay.
>> And so that we can absolutely still do. >> Great. >> Well, I I I don't want to take the floor. We have Commissioner Monica, but I thought I want but I know Commissioner >> finish talking and then we can open it up for discussion if that's okay.
>> Okay. Jose, you want to keep talking about >> Sure. So, um I would like to focus on one aspect of all this congestion which is the signal signal timing in North Beach. So it's we've we've you know noticed upon reviewing traffic signal
timing plans in that part of the city that the signals are absolutely not coordinated. Um what has happened I think over over the years because there have been coordination efforts on behalf of the DOT and the county but they've
been isolated efforts separate. uh the two agencies may not necessarily coordinate these efforts and they have focused on north south and so one of the things we've noticed is because of that focus on coordinating the north south avenues the east west corridors have
suffered and uh on 69th street for example if you're trying to travel east west on 69th street you may stop at every intersection the north south corridors you know the signals may be better timed than the east west. So it's
an unintended consequence of efforts that have not necessarily been coordinated by other agencies in the past. So that's something that we are uh starting to to get our arms around and and um and and address. And we're doing
that through a city-led optimization pilot that uh the goal of which is to optimize uh the the not just the that iron triangle but the as much as possible of North Beach the primary corridors
including 71st Street from Bay Road to Collins Avenue, Dickens from 77 to Indian Creek, Abbott Avenue from 71st to Indian Creek, Indian Creek itself from 71 1st to 63rd, Collins from 71st to
63rd, and 69th Street from Harding to Collins Avenue. So, that pretty much covers all the key roads in that um uh area of North Beach. That is definitely having some some issues. >> Just to clarify that, that's a pilot
program. So in theory if it goes the way intended then that learning and technology can be extended to the 41st street corridor which is a disaster to fifth street to 17th street. Is that correct? >> That is correct because the beauty of this is that we will own this AI powered
equipment and technology we will own that. So we will be able to, you know, once the signals that I just mentioned in North Beach are optimized as much as practicable, then we'll be able to take that equipment, install it somewhere else, and perform a similar exercise. So
it's it's I think it's it's very good. I think it's been, you know, a long time coming. Technology has helped a lot. Now there's AI powered uh technology that is extremely intelligent and can just generate optimized signal timing plans
much quicker than in the past. Um as you all know we do not control signal timing uh Miami date county does. So the outcome of this pilot which will be optimized signal timing plans based on real-time data that will be shared with
Miami date county for review and hopefully approval and implementation but it's up to them >> and and so on that point I think commissioner Suarez you sponsored something last month I think to to take over the signalization for the entire city of Miami Beach from the county so
that we can react in real time. I mean recently there was a breach of security in the county system and so nobody was allowed because we have a situation where we are able to access the information. We can't change it without their approval but we can see what they're seeing and recommend and because
they had a data breach of some sort or a security breach. We were shut out from that for a couple of days at a minimum. Right. >> It was longer than that. >> Okay. So, right. I I I couldn't remember where we left off but so this is the kind of thing and I know it's complicated. You know, it's it's expensive. We'd have to figure out how
to do it. It's adding people, and I know we're all as a body trying to be very fiscally responsible, but the number one tra the number one concern we hear from residents all the time, regardless of Bo Show and and Basil is traffic stinks. What are you going to do about it? So,
this is one of these things where this is the kind of stuff the government is supposed to do is figure the hard stuff out and do it. figure out the resources, test the pilot programs, take control over the infrastructure, and protect the community. And so I I'm very excited
about all of this, and I I really urge all of us having this discussion to really um find a way to support these initiatives and help you in whatever way, if it means phone calls or visits with elected officials or, you know, department officials and other
jurisdictions. that I think we need to stop nibbling around the edges and really look at this as what it is, which is a um systemic intractable problem. I mean, every single person on this day ran with traffic being one of
our issues and every person in the prior commission and the prior commission before then, I mean, I can't tell you when traffic was not one of the top three issues that an elected official will run on. So, what are we doing about it? It's been decades. We now have enough resources, enough really talented
people and I think enough will um and hopefully enough uh colleagues at the county level um and at the state level who will work with us to let us manage a system that you know they they've got their own issues to worry about. It's it's very complicated. So let us let us
use the tools available to us. >> Thank you commissioner. That's exactly what we're doing with this AI powered pilot uh project. And the last thing I'll say um is in terms of interim improvements and more localized
improvements that we're trying to do working with the county. For example, we noticed that Indian Creek and 71st had faulty detection devices. So, we um we coordinated with the county to get and and also I want to uh thank uh
Commissioner Steinberg who helped in expediting that on the Miami Day County side and that was resolved, but that was really giving unnecessary green time to cars that weren't there and just, you know, really crippling that intersection. Um and and then in
addition to that, and I guess it's a good segue for our police chief, there are officers at the intersections during the afternoon rush hour uh rush hours to try to at least at a minimum deter vehicles from blocking the intersection because when a road is over capacity,
people start doing really crazy things, including blocking intersection, then no one moves. It's gridlock. So that has helped. Um and for the pilot actually the police resources uh were suspended so that we can collect real time data
that's not um you know skewed by any external factors or anything. >> So we're working closely with police on that >> chief through the chair >> through the just a quick question. Jose can you just go a little bit more into
detail about this pilot program? So we have devices set up to collect data. Yes. >> And then Okay. When was this approved? Just just curious. I'm not trying to push back on, but just when was this approved? How much did it cost? And and is this movable? Could we move it to
other cities or other parts of the city? >> It um so it was approved some some time ago. We went through a lengthy procurement process to select the vendor. Uh we we have the vendor Rhythm Engineering. They started this effort
about I want to say about a month or so ago, maybe a couple months ago. Um the devices uh which are you know have AI technology are more mobile or portable if you will and we are able to you know leave them in place for a while collect
the data. This vendor has the software to to that generates optimized signal timing plans and that's really the the outcome of this effort. So, it would be it would be great to have if we could get approval from the county to take
control over our roads and we can this is another feather in our cap to to to to provide them and say, "Hey, look, we're we're investing in our city and the technology and we can use this to um better implement our signal timing."
>> Yes. Yes. And it and to build on that point, it it um makes their job easier because then they can focus on the rest of the mainland county without all the drama that is inherent in managing an overbuilt 7mi stretch of sand in the Atlantic. Right. So they can focus their resources on the mainland. We can focus
our resources on our stuff and I think we'll all be better off as a result. >> And if I could, Mr. Mayor, >> I'm sorry. Commissioner Mattail Selenus and then Commissioner Magazine. >> Thank you, Mr. Mayor. So, um, Jose, have has you and your team, have we have us
done any type of traffic study in North Beach to see where speed tables would be appropriate in Appliquil? >> Speed tables u meaning traffic calming. Yes, there is a traffic calming project. It's a G general obligation bond project
in North Beach in Normandy Isle. And that project is um I it it's due to begin construction very shortly. Um, we've in essence passed the baton of the we conducted all the traffic studies associated well that are required for a
traffic calming project >> and had the neighborhood outreach meetings >> and and had outreach meetings and the project was actually refined as a result of uh community input and so we're finalized the plans and approved by
Miami date county and um I believe the project is currently with CIP they're going they're getting ready for the procurement of a contractor for construction. >> So, um because my concerns are as these new developments are going to be built and occupied, we're going to have a lot
more pedestrians in North Beach. And I am concerned about the safety of these pedestrians, especially considering what's been happening recently. Um and so, while I understand the need for synchronizing the lights, there's also the concern that, you know, people are
going to get hit um if if folks don't slow down. So, I'd like to see more speed tables in North Beach in appropriate locations. Where where are these speed tables going to be placed? >> Well, um, as part of the project I mentioned, they're in Normandy Isle. So,
not necessarily, you know, in in the core of North Beach, this area that we're concentrating on of Abbott, Indian Creek. >> Yes. >> 71st, 69th, that area. >> So, and isn't 71st and Normandy and and also Collins, they're owned by the state
FOT. Correct. All of them. >> That's correct. >> So, I'd like to um maybe, you know, have a resolution urging working with them to get we need speed tables on those streets. They're just so dangerous. And every time I go to the fountain, someone approaches me and says, "Why don't we
have speed tables on 71st?" You know, I this person got hit or I heard and this person nearly got hit. And it's And also Collins is a big risk too near the Publix. I get every time I go to North Beach, I hear it. So, Um, I'd like to um
make a motion to have a resolution to go to FOT that we need speed tablet tables on these these three areas to slow folks down a little bit >> through through the chair. There's actually a resolution on this agenda doing >> Yeah, I think I co-sponsor >> precisely that C7Z as in zebra >> through the chair.
>> I think I co-sponsor that >> through the chair just real quick with Jose. >> I think >> just a quick follow we have order or we don't. Commissioner Magazine. >> Thank you. We're not. Thank you. Um
Jose, two quick things. Uh one, this pilot program, we're not actually making changes. We're just aggregating data and it needs to go to the county for them to implement changes. Is that correct? >> That's correct. >> Okay. And then secondly, whether it be in North Beach or I'll just use the area
where we are at now in the Flamingo Park, Alton Road between Fifth and 17th Street, let's say. The signals of the lights are are awful. I think we can all agree on that. Do we analyze in different areas whether
it's appropriate to have alternative means besides traffic lights? Right. Would we be better served in areas like Flamingo Park? Adding more stop signs as opposed to traffic lights, adding roundabouts as opposed to traffic
lights. They make no rhyme or reason. I go through that area every single day from my office or city hall down to South Point Elementary. And it can take me longer to get there without a single other car on the road than it can take me to get through from Bickl quite
literally to Alton Road. Right. And while I'm cognizant we don't want an open freeway uh because cars will travel on that as they will. But if we would replace stop signs with I'm sorry replace traffic signals that seemingly are randomized
and really not optimized well uh with stop signs. I think that's at least an avenue worth exploring. What would be your kind of initial gut reaction to that? Uh uh commissioner very interesting question. Um the study that
you're referring to I've never seen such a study. >> No it it's not a study. It's just using common sense. >> Yeah. Usually usually intersections are you know evaluated uh either uh alone or as part of a
larger network, you know, a more comprehensive traffic study. uh it usually does require a traffic study to install a signal where a signal does not currently exist. Now many our signals have been there for many many decades.
So I don't know their origin right I don't >> but how about the opposite >> but the opposite in terms of removing a it would also require a traffic study uh signed and sealed by professional engineer. Uh I will say that it's it's quite difficult. It's been done before, but it's difficult because usually when
there's a signal at an intersection, um the presumption is that that signal is warranted and that it's the safest device for that location. That's why it requires a traffic study to undo, if you will, the existing condition of a
signal. Uh but it can be done. Uh it can be done several ways. uh you know a either as a standalone study looking at an intersection or a series of intersection or as a neighborhoodwide uh project.
Either way it yes it it can be done but it would need to be evaluated. Can I So, >> um, by the way, since we're talking about this, I think it makes sense. Um, Ralph, let's let's also call up R9 ah relating to parking in North Beach. This
way, we can simultaneously do both items. Yes, sir. >> Can we can we just finish going through the the traffic stuff first before we get into the parking? >> So, subsequent, >> let's just call it up. So, it's Yes, we can. We'll do that. >> So, R98H is discussed. take action parking enforcement at North Beach.
>> I see we'll have it both, but let's let's finish as you said or Commissioner Bach. >> Who's next? >> I think Chief Good morning, Mayor Commission. Um about I some months ago I I remember you giving me a call. It was early evening in rush hour time and I
won't use the word salty but I think you're really energized about traffic North Beach and and and in the next day around 5:30 I decided to drive it myself to take a look at what you're referring to and it took me 56 minutes and 3 seconds to move from the 63 street
bridge to 71 in a creek. >> Wait, I'm sorry. Can we Did everyone catch that? 56 minutes and 3 seconds to go from 63rd Street to 71st Street >> on a Thursday. >> No, >> not during a high impact week.
>> No. >> What would have happened? I mean, in this case, it might have been okay if you, God forbid, had a heart attack because there happens to be a fire station there, but you know what the holy heck is? That's just not okay. >> Sorry, I was feeling salty.
>> You're not. Yeah. Um, so it was painful and and I quickly understood what you meant in our conversation even before. Um, I thought initially that perhaps my officers that were assigned to 73rd and I'm sorry, 71st in the creek uh that
person was not there that day. when I got to the intersection realized that the person was there uh directing traffic using um what we call the pickle to manually override the traffic lights to make sure that um traffic is flowing as best as as reason possible. Um also
had an office at the time at East Bay and 71st Street uh preventing blocking of the box. But given all that it still was not enough. Uh the following week we temporarily assign on motor units. Um they were stationed in 67 Creek, 690 Creek um in support of the officers that
were already there. That help um to some extent but obviously uh not ideal. Uh since then we've continued demanding interaction at uh 71 in the creek um only suspending the manual override of the trafficization.
Um and my colleague Jose said we need to do a traffic study to get clean data and if you we were to continue to manually override the lights wouldn't have be able to get the data they needed to make a proper assessment. Um officers still are there to make sure that um the
intersection is not being blocked um by cars uh too frustrated to wait. >> So if I may um I I would suggest one of the additional things that we could do especially while we're waiting for the pickling to be allowed to come back online. Jose, when do you think that'll be?
>> Um, let me let me get an exact date at on that. >> Things that contribute to the traffic drama is that people get really frustrated with the traffic and like when you do get to the intersection of 71st and Indian Creek and people do
finally they're able to take a left turn, but that traffic is really blocked up and then you have people doing illegal U-turns into oncoming traffic. So, it might be a useful thing to have motor units stationed there as well to educate people that that's just not a thing you can do. I'm sorry, but you
cannot cross four lanes of traffic illegally and put all these other people who are coming at pretty high rates of speed around that curve at risk to slam into you and and t-bone your car. Um, and there are there are incidents like that. There there are places like that
all over North Beach and I'm sure other parts of the city as well. But, you know, since since we're talking about this particular um set of actions, I think it we should look at that as well. >> Sure. >> Um Mr. >> Mr. Mayor,
>> I wanted to have Will and John talk about the things they're working on to help alleviate the traffic. >> So, we have a couple of Do you want to do that before we hear from a couple of your colleagues? >> Uh, as you wish. >> What? >> So, let's hear from uh Commissioner Monik Mattel Selenus and Commissioner Fernandez. I just really quickly want to
um the the resolution that's on C7Z. It's an urging of UPDOT to implement traffic calming measures measures on Collins, but I want to add to that if you're okay, Commissioner Dominguez. Um 71st Street in Normandy speed tables and traffic calming. Would you be okay with that? Yeah, I've uh
>> So, just to be clear, 71st Street already has um well, maybe you know, maybe you're talking about a different area, but there's a whole FOT project that is about to break ground on 71st Street in Normandy going east and west. >> Okay. >> So, but you know, whatever. We can work
those details out. >> And then I want to follow up with Commissioner Magazine's statement about replacing the lights with a four-way stop. How do we do that? Because I didn't >> through traffic studies. evaluating intersections.
>> What do we have to do to get that? Do we need to make a motion here? Because there's a couple places where I agree with you that that would actually make sense. >> Um, >> well, uh, funding would be required to do that study >> and, uh, I'm not exactly sure. I mean,
it it depends on the scope and the scale of the study, how large it is. So, it's hard for me to say a cost off the cuff. >> So, could we bring back something? I just There's just one in particular. Just one >> one section. >> Yeah.
>> Through the chair. Maybe a referral to the finance committee to discuss what the what the cost would be. >> Okay. Then I'd like to make that motion to make a referral to the finance committee to study one particular intersection in North Beach to see if it would make sense to replace the traffic
light with a four-way stop. Okay. >> And whose rule is that, Jose? Do you need a study to remove that? >> It's it's required >> by who? >> It's state. >> And in this case, I'm not sure if it's a local road or a state road or or a county road. So, >> how do you know it's required if we
don't know who's requiring? >> If I may, um, under the home rule charter of Miami Dade County, they have control over all traffic control devices unless we have an interlocal agreement with them. So that's the rule that Jose is referring to. Um the county does not
make modifications to the either, you know, inclusion of stop signs or conversion of stop signs to signals. I've never even heard of the reverse. Um but we certainly can look at that, but um the county will not entertain any of
those asks without data to back it up. >> Yeah, I appreciate that. Uh we worked for a year for stop signs. We had temporary stop signs. Then we were told we needed studies on West Avenue by
Fifth Street by uh Five Park. We went from a temporary stop sign and then it was removed because we said we needed to have a traffic study and then the traffic study didn't analyze. We have a total mess out there now. And then we just heard from our county commissioner
yesterday going, "That was all baloney. You didn't you didn't need a study. We don't mandate where a city can put their stop signs." Is she Is she wrong? >> I transportation director.
My understanding, commissioner, is that the county requires or the agency with jurisdiction, whether it's FDOT or Miami Day County, requires a traffic engineering analysis to evaluate the
best improvement for for that location. >> Do any of my other colleagues that were there, do they have a similar recollection? Well, what I me >> what but what I recollect is at the time Commissioner Oliver Gilbert initiated an ordinance transferring to local
jurisdictions and municipalities I think authority to make a lot of these decisions on their own uh as opposed as opposed to having to seek approval approval from DT DTPW.
Um, so shifting shifting those approvals from the county having to do it uh to to to the city. I don't recall what that that ordinance said and what the traffic manual said as it related to um to to to
these traffic studies. What I do find uh incredibly frustrating is that whenever we have to do these traffic studies, we have to go to the outside to do these traffic studies and they cost us like what a couple hundred thousand. >> Not not u a normal, let's say, hallway
stop control study that evaluates whether a stop uh an all-way stop is warranted at an intersection. That is a much less much less cost. I I mean at some point I think it becomes cheaper to just do it in house, have staff in house
that can do these traffic studies rather than constantly having to go out into into the public and and and do this, you know, with with traffic engineers and giving them contracts and, you know, that's that's just a personal frustration I have. >> Mr. Mayor,
>> Mr. But >> so I I'm a little bit um concerned that we have opinions of what we think the county and or state, but in this CA case primarily the county requires versus
what a and maybe it's just that somebody is misinformed and that's okay. But I think we need to get a 100% certainty because maybe what it is is that above a certain threshold there's a study that's required but below a certain threshold we are empowered to do enough but
somehow in translation over the years that line got shifted in our collective you know memory of how things get done. So, can we I don't know if this needs an urging legislatively, but can can you come back um no later than next month
and you know and maybe even an LTC to clearly delineate what what threshold for what type of changes by jurisdiction, city, county, state, because the fact that this is not a 100% I know X Y and Z is cause for concern.
And it might just be that a a new commissioner to the county um misspoke, which is perfectly legitimate. People do that all the time. It's not a you know it I you know it just happens. So it's not a slam. I just think we all need to know for sure.
>> Yeah. And commissioner, if I can uh I appreciate that and perhaps the county commissioner did misspeak and I actually just texted her right now uh to be very clear, but if we got that wrong, it's not okay. Yeah,
>> it's not th this cost us months of work and tens if not hundreds of thousands of dollars of taxpayer money. And if I find out that FDOT or the county has no jurisdiction over that and we're running through the the these hoops and spending
taxpayer money for no reason, that that's not going to be okay. I'm I'm sick of this stuff. It takes years to do anything. Yeah. years to put in a stop sign, to put in a crosswalk. I've been up here for three years trying
to put in a crosswalk and we can't do it. What? How can How can we endeavor to to greatness if it takes three years to put in a crosswalk if we can't sit here with a straight face and know if we
could put a stop sign on our street or not? That's not okay. That is not okay. And if the county commissioner comes back and says, "No, you don't need FDOT or the county uh jurisdiction to place the stop sign."
I'm I'm going to have a big issue because we went through months. We had community members out there on the streets at community meetings spending tens of thousands of dollars on studies and then we got rid of the stop signs.
That's going to be an issue. We need to figure this stuff out. So, if I could um do you have a question? No. >> Yeah, just through the same conversation of topic of traffic. I want to get back to traffic. >> You know, one of the things that I see
also in North Beach that are that causes a lot of traffic is you have these delivery trucks. >> That's why Will's coming up to the podium. >> Yeah. >> So, can we have Will >> I'd like to Yeah. I'd like to also like talk about it, right? Um, and there's
especially on Collins when you are approaching like the 63rd Street >> uh bridge, you you have three lanes. you're going north and you have these trucks that service both
hotels on the on the east and west side and they'll just they'll just park right in the middle of the street um and block up traffic and then that's usually what happens at the start of of of things getting bad. I even sent a picture to
the city manager where you had a delivery truck and then you had waste management in the middle lane. horrible and then and I'm I'm taking pictures of this and I'm saying like how you know how is this even possible? Um
and it just seems like there's no enforcement. >> Yep. >> Okay, Eric, you know, and I don't I'm not going to talk Well, I'm going to talk to you. You're the one who's responsible. You're the one who is supposed to be managing the city. So, at least from from my perspective, all my
issues are going to be directed to you because you're the one who's going to be responsible for managing this. Now, I still see it happening. I still see delivery trucks on on Collins going north and then I also see waste management trucks going in the middle
lane. >> You know, I I there has to be enforcement. If there's no enforcement, people are just never going to change their behavior. So, you know, I I it's not a silver bullet for the traffic in
North Beach, >> but you know, I it's we we have to attack this from all sides. And it it it really comes down to how how detailed can we be when it comes to enforcement.
So, you know, Eric, what can we do about that? because it happens every day. >> So, we used to have the waste haulers come and do the pickups very early in the morning. Um, unfortunately, there were a lot of complaints from residents
about the noise related to the early morning pickups. And so, when the waste haulers pushed later into the morning into the early afternoon, that's fine. They run into a lot more traffic. >> But then blocking the middle lane on Collins is illegal. So I you know it's
not like they can still go later in the day but they shouldn't be blocking traffic in the middle of the lane. And if you yield commission raise I want to build upon that. Okay, you know the garbage trucks, that's one scenario and it's I feel almost it's like a
deflection because the real problem is that it's that throughout the day our roadways they're blocked by UPS, FedEx, Cisco, all these other delivery trucks that are
blocking Collins Avenue and then and then you're sitting in traffic on Collins Avenue. you think there's a bad accident or something. It is a delivery truck. It is a delivery truck. Why? Because they can't park at one of the alpha at one of the FZ's because someone
else uh is is parked there who probably shouldn't be parked there, by the way. And so and and so then now we we we end up with this situation that our city is gridlock because you have these trucks all over all over. And yes, on occasion
it it might be um it might be the uh the garbage trucks, but it's much bigger than than than the garbage trucks. And oh, by the way, go into the residential neighborhoods. Go into the residential neighborhoods
and you can and it's it's so unsafe in the residential neighborhoods with all the trucks. You try try to drive down Prairie Avenue. Try to drive down Prairie Avenue. Trucks not only blocking traffic,
blocking bicycle lanes on the routes to school that children should be using. Imagine that. Where children are supposed to be using those bicycle lanes so that they can go safely to to school.
We have delivery trucks. We have construction trucks. We have pool repair men. We have stuff throughout all of these residential neighborhoods that's also creating traffic. And where's the enforcement? >> And if I can build on that, Commissioner
Fernandez, um on on two points that you made, it's not just on and and Commissioner Suarez, it's not just on Collins. I mean, you guys know this, but for people who are listening in, you know, Will, I sent you pictures two days ago, I think, of um an 18-wheeler truck.
an 18-wheeler truck on um 74th on the alley be between Collins and Harding doing a K turn like a double K turn to pull into the alley that was already
blocked by other 18-wheeler or slightly smaller trucks. It was it was it would have been funny if it weren't so dangerous. And then you have in these residential neighborhoods narrow streets that were built for a different size vehicle and now you have, you know, the F-150 king cabs trucks
that stick out into the right of way and you don't have the proper speed zones, right? So, the state says or the county says you can go 25 miles an hour here, but if you do, God help you because right around the bend there's a a pickup
truck with a a a um a towing little harness thingy, whatever they're called, sticking out and so you can't see what's in front of it and you have an Uber waiting to pick up a passenger and in front of that you have a delivery truck. I mean, it is, you know, to
Matthew's point earlier and and um it is such a disaster waiting to happen. I feel like we are frogs in the po in in in the boiling pot and we are starting to watch the water go from lukewarm to a low simmer. We're not boiling over yet,
but how many people dying is it going to take for us to do the heavy lifting, the difficult work, and saying to to vendors, you know what, you cannot bring an 18-wheeler truck into the city with very rare exceptions. And we can discuss
that to talk about um um delivery vehicles, Amazon and all those guys that they have to pull into the buildings, they have to pull into somebody's driveway. I'm sorry if it's inconvenient. I'm sorry if the valet person doesn't choose to do that because it slows down the valet, but somebody's
life could be saved. I mean, again, I come back to this position of our job is to keep our residents safe and we have so many impediments blocking us, no pun intended, that we have to start looking at this outside the box, and and
reminding people that to do business here, to make your deliveries here, you have to do it in a way that conforms with our safety requirements. And unfortunately, we can't handle 18-wheeler trucks and and you can't just pull over to the side of the road. And the having the waste management people
come, I can understand nobody wants them at 6:00 a.m. I got it. But they should not be able to come on main intersections and main thoroughares before 9:30. They can do their pickup work between 9:30 and 4. And if they need to have a couple extra trucks to get the routes covered in that time
frame, that they're making a lot of money off us. They can buy a couple more trucks to make sure they get those roots covered, right? They cannot do what they want willy-nilly. It's enough. I'm exhausted by this saying, "Well, this is how they've always done it or their trucks are too big or it would cost too
much money for them to retrofit something." Enough. You want the contract, you want the business, we're going to give it to you, but on our terms. >> So, if you could just Oh, sorry. But in but in the meantime in the meantime between now and we we create that shift
we have a responsibility as a city government to make sure that these trucks are not blocking our roads. It's going to take time to get to that point where we sit down with Amazon, where we sit down with all these companies, which I think is a great point you're making,
Commissioner Bot, and encourage them to go to a transfer station and go from a big truck to a smaller truck as so many urban communities, builtout communities do throughout the country and the world. But in the meantime, we have the
resources to be correcting these issues through enforcement. Our roadways need to be open for our residents. And when the chief of police is telling you it takes him 53 minutes, 53 minutes to get
from point A to point B. Not from one end of the city to the opposite end of the city. A small distance. How what far how far was it? I got chief street in >> eight blocks. Eight blocks. 53 minutes.
That is alarming. That is alarming. It speaks to a traffic state of emergency that we are dealing with in our city. And I expect, Mr. Manager, that all departments are hands on deck in addressing it because it all can't fall on the police department >> and Will is working. Can can we just
explain some of the things we've already put in place and then talk to us about what what we can do to uh expedite put more teeth into it? I mean, we've had a lot of these conversations already. >> Yeah. And also, what do you need from us to to help you enact this enforcement,
which we clearly need to change behavior? What do you need from us? >> So, I'll start with where we're at. So, uh, we are currently, and I know we've talked about the color-coded curbs, but not only these color-coded curbs, but, uh, the city manager allowed us to enter
an agreement with a company called Automotus. These are AI cameras that we place at every one of our freight loading zones. We are in the process of of getting this up and running where we will not only be able to automatically
identify when a violation is occurring. We can dispatch a parking enforcement specialist to that zone immediately to clear that freight loading zone. But we can also better understand the occupancy because we do hear we hear anecdotal evidence like all your freight loading
zones are always taken. But these cameras will actually let us know that for example between the hours of 7A to 3P or 7A to 7P depending on the hours of that freight loading zone, what's the actual occupancy. On top of that, these cameras are going to give a live look to
any delivery company on what freight loading zone is open at that point in time. So if you are planning your deliveries, you can pull up your tablet and look, this freight loading zone is within two block of where I'm at. I can go there. So, this should be
transformative in the way that we allow companies that are coming and delivering on Miami Beach. Now, as far as >> Well, can can I interject there? What is the process to enact enforcement? Um, because I want
to be sure that there's not bureaucracy within that process. And this is anecdotal, but maybe a year and a half ago, I was down the entertainment district and saw one, it was a highly inappropriate digital billboard sign advertising things that just we're not
congruent with uh a city. Um, but it was in a freight loading zone in front of a fire. It was long. It was half in a freight loading zone, half in a fire. And I forget if I called police or something along those lines. They go, "Okay, we
need to dispatch parking first." And they come out, they do their process, then they have to call somebody. Then they call the towing company. And by the time the process played out, this guy came back with a I remember vividly wi with
full carry out food and he just gets there and essentially after a half hour uh he's leaving just as some of our staff is getting there to actually put teeth through this enforcement. So are there steps that need to be cut out that
make our process more efficient? Well, as of right now, no, because that is what these cameras are supposed to solve. So, right now, the way that we dispatch freight loading enforcement, we have zones uh that are specifically for freight loading, and let's say on a daytime shift, we'll dispatch four
parking enforcement specialists that are dedicated solely to freight loading zones. Well, right now, they just they leap and bound in their in their territory looking for violations. But when they leave an area, they might not come back to that area for 20 minutes. with the cameras. Yes, ma'am.
>> I was just going to say it's not just the freight loading zones like we need enforcement for the people who just pull over and block a lane of traffic. So, that's a different thing. >> So, that's what I'm hoping to and and I'll use I I believe and I don't want to speak for the police, but I think code
enforcement as well. So, these cameras should allow us to go more toward a territorial enforcement. So, for example, I don't have to say, I'm only going to focus on freight loading zones because I have a camera that is watching that zone. And as soon as it identifies
a possible violation, I will get an alert and then I can head over there. But in the meantime, because I don't have to just look for freight loading zone, freight loading zone. >> Will, how are you going to get over there if the traffic's backed up? >> Yeah. >> No, I mean, it's funny, but it's a valid
point. And and so the police are now they now have um uh six e ebikes that were donated um five of which are going to be on the road to enforce certain kinds of activity. Um we've had the conversation all of us on the day over the last number of years of why do we have um so many trucks for the city
which I understand because you're hauling stuff and picking stuff up. I get that. Maybe one of the things we should be looking at as we go through the upcoming budget process is police code um um parking and and maybe another department. But those three departments
should have ebikes that they are trained to ride safely. This doesn't give anybody a path to be >> parking used to have a bicycle unit. >> Yeah. and and like they need to be really models of riding them safely for obvious reasons that we'll talk about later, but so that you have somebody
assigned to a zone and you can get there in 5 minutes. I mean, you can regardless of the traffic and still riding safely, complying with the rules of the road, you're not going to be backed up for 56 minutes going eight blocks. I mean, I think that should be a, you know, can I make a motion to to have the
administration discuss and bring back to us what a a best plan would be to supplement existing departments with those sorts of resources. I mean, this is this can't keep going on the way it is. Like, we've got to we've got to do things differently. It is not good
enough to say it's how it's always been or we don't have the budget for it. Like, this is what we decide to spend the budget on, right? This is this is the work we're supposed to do here. >> So, Commissioner, I want to I sent PJ what what I wanted to show you into what you're talking about with the 18
wheelers. PJ, if you could pull it up on the screen, please. >> This is at an intersection on on Collins and it's going north and then this is blocking literally the the middle lane and then it has to make a right. basically the
intersection of Collins and >> 63rd Street >> if there's any street. >> So, you know, you you could you could close the video. Things like that, Commissioner, where it makes sense like that doesn't belong there. And, you know, it it it hits the curb and then the curb breaks and
>> and it doesn't have a radius. So, it's not just that it's making that turn. It now has to back up and nobody's expecting an 18-wheeler to back up like that. It is a giant cluster. The whole thing is a disaster. >> Yeah. So well is there any way we can have photo enforcement? >> So so
>> instead of having people to just go there like you get a picture of the license plate. >> So yes and actually so the the the cameras in the freight loading zones for example do they are going to be photo enforcement. So our offic >> Yeah. But there okay so but for that particular intersection we know that
there's hotels on both sides and there's delivery trucks that constantly go by and then they block the lane. Can we enforce um our our ordinances for that particular location? Not necessarily in
a loading zone because if there was a loading zone, there wouldn't be no problem. >> Yeah. So, I believe so. And I I want to it it gets into if they are staying there, we would most likely be able to enforce with for obstruction of traffic, which does fall under parking's purview.
Um the challenge would be where are we mounting the camera at? Because I know exactly where that is cuz that's about >> I guess let me ask the city attorney. Is that, you know, Mr. Depico, is that something we can enforce where you have a delivery truck or any kind of truck blocking a lane of traffic and we know
where the hot spots are? Can we issue a citation uh through a camera detection system? >> I don't believe that. Through a camera detection system that is currently allowed under Florida law, I think that's going to have to be manual enforcement either by police or parking.
And >> what if it was on the Arctic where you had a police officer >> viewing the monitoring the camera live? >> I will have to look to see whether that's a possibility. I just I just my question is that we've we've had these issues
>> always and what has happened traditionally >> our staff gets focused on enforcement >> and I get the use of technology and wanting to test technology and wanting to pilot technology. There is no reason
why today we cannot have people on the streets engaging in this enforcement today. So that so that so that while we work on the technology and we explore what you could do with the technology, whether
you can call the parking department, whether you can use the cameras to call the the towing department to clear clear the parking space or issue citations or whatever it may be. why we cannot start today. >> Yep.
>> Having people doing enforcement because I guarantee you that today there are people who will be suffering in traffic because of these very violations that have been happening in our city and 10 years ago, 15 years ago, the cameras didn't exist and it was still being
enforced. And I do not see the enforcement happening. I'm grateful that you're looking at the technology. It is it's smart. is going to help us use our staff more efficiently. But I'm looking at what can be done starting today, Mr. Manager,
>> to address it because people are suffering in this congestion right now and we cannot afford to wait. >> It is urgency >> and through I need to know what we can do. Yeah, I'd like him to respond.
So, I'm hearing you loud and clear that we need to step up enforcement activity on both the parking side, the police side, and code enforcement, and that will be the mandate moving forward. >> So, wait, I have a question in regards
to the 18-wheelers. Mr. Attorney, can we create a municipal ordinance where 18-wheelers are not allowed in our city? An outright ban would not be constitutionally permitted, but cities or municipalities can adopt certain restrictions on certain streets or areas
because of safety concerns. So, we could study that more closely, but but but an outright ban would would not be allowed. And if I could take this opportunity because um I didn't really have a chance to to weigh in earlier. The county absolutely has exclusive jurisdiction on
traffic signals. Um, I don't know whether there's any exceptions for for changing from traffic stop to uh a light. I don't believe there is. Um, I did find at least an inter agency agreement where even the installation of a of a speed table requires a traffic
study. That was an agreement between the county and North Beach uh or North Miami Beach. So, um, we can come back after we study it more closely, but I don't believe that the information that you received, Commissioner, was was accurate. >> I appreciate that. >> Can I So, can we just to wrap this up
though? So, you'll look into this, Rick, and then bring it to the May agenda to reduce the 18-wheelers in our city in certain street. >> Yeah, we'll we'll add an item and and we'll look to see what we can possibly do and and bring something. >> Thank you. to to build on the points made earlier. Can we get for the May
commission meeting, I want to keep this on this on the agenda and come back because there are a lot of questions that you guys are have a lot of homework on. Can we get historic enforcement data and and what it is now and really like a really thoughtful analysis of where the
problems are, what's causing the problems. Is it small delivery trucks? Is it 18-wheelers? Is it is it um um uh garbage trucks? Is it people doing illegal U-turns? Like I want to know. I we we it's not that I want to know. We
need to have this data going back a decade to today to understand what the issues are so we can better mitigate them because otherwise we're going to spend, you know, throw everything at the wall thinking all of it's going to help and it probably will, but let's do the most effective thing first and keep
working through the list. But we can't do any of that without the data. And I want to know who's enforcing, who's fighting the tickets, who's not. Do we do we have a thing where five strikes and you're out? Like if your driver can't adhere to our laws in the city, get another damn driver. Like, you know,
what are we doing? And how do we how do we quantify that? >> And well, before you embark on that, uh, one other question to add is, um, later on today, thank you, Commissioner Fernandez, we have a great item that is going to provide residential relief
from, uh, towing enforcement. However, for this where it's commercial and it's significantly impacting our residential quality of life, how are you working specifically with our tool partners for enforcement? Because a company like
Cisco or Amazon getting tickets, it's a cost of doing business. >> Nothing. >> We need teeth. How specifically are you working with our partners to enhance our enforcement here? >> So, I'll I'll towing commercial vehicles is a different step. I'll I'll let me talk
about the enforcement aspect. So, right now I without having the data in front of me, I'm going to go out on a limb and say that we are probably writing more citations today than any time in our history. I definitely know that is a factual statement for a right-of-way violations. We have, for example, UPS um
talking to us about settling for more than a million dollars for rightway violations. So, while we are, you know, I I know that we there's comparisons to the police force, um we have about 40 parking enforcement specialists when we
are fully staffed. So, um uh we are not perfect, but I stand behind our staff's effort to get out in the field. When we see deficiencies, we will absolutely address them. I go out into the field until midnight, 1:00 a.m., 2 a.m. to see our team, to work beside them. when it
comes to the So, for example, when we start hitting these commercial venues with 1,000, $5,000, $10,000 violations, um we do have to end up changing our code because we are serurped by county
rule. So, they'll go to the special magistrate. They'll say, "Hey, blah, blah, blah. You know, we we want these cut down." A lot of times there's a negotiation that we end up cutting those fines in half, etc. When it comes to towing, we just talked about the traffic
of the time it takes for a parking enforcement specialist to get there. Now, the parking enforcement specialist gets on site, identifies the issue, issues a citation, then immediately goes digitally, and calls for the tow vehicle. They're in that same traffic
that everybody else is. So by that point in time, the FedEx truck driver, the UPS driver, the Amazon driver, they are trained to stop, get in and get out. And so the chances of us getting on site, writing a citation, doing a digital
call, which the the new technology that we are utilizing um is phenomenal. Um but then because of the size of the vehicles, it has to be a different class tow vehicle um on call all the time. So, so how do we cut out that bureaucratic
step where your specialists have to get on site, analyze and then call, >> right? How can we essentially have those arriving simultaneously? You must be able to work with listen is you know
at the end of the day there are are governmental partners right there must be a way where you can work simultaneously. I guarantee you if government is showing up, what I know about capitalism is they're going to show up just as quick as we do or faster.
>> I'll put our team up against anybody as far as speed, but automotus is potentially a way that we could incorporate that into toebooks and then potentially order the tow automatically.
>> Yeah. So, automotives actually has that feature. Um but that again that is freight loading zones only and that is for vehicles. You know if we if a FedEx truck in a freight loading zone then hey every day is a great day. >> Can we add basically a median or public right of way to that
>> as far as >> well what we're talking about here at Yes. Uh well so right of way we use for commercial violations. We the right ofways are for that 18-wheeler that's at that that 63rd bend where you have you
know unnamed hotel on the right hand side with unnamed hotel on the lefthand side. Um if the cameras cover zones to keep those areas clear. So we wouldn't write a right of way for anybody in violation of a freight loading zone because then generally that's going to
be a resident, a visitor, you know, somebody that says, "Oh, look at that big piece of curb. I'm going to stop in for 5 minutes. >> I I can guarantee you if you went out at some point today, you would find multiple commercial vehicles >> parked up and down in the middle of West
Avenue every single day. >> And as many tickets as you write, and I have noticed an increase in your presence, which I thank you for, but that's clearly not enough teeth to change behavior at this point. So, how do we take that one step further and
say, you know what, you're not just going to take these tickets as a cost of doing business. Now, Amazon, you've been parked in this public right of way. That is a public safety. Somebody is going to get hit and killed. And I say it every single meeting. Somebody I'll send you
videos. If I need to send them every day, I will do that. Right? How can we sit there and say, "You know what, Amazon, your truck is now going to get towed." But can I build on that as with possible >> what about I mean in New York and Boston people boot cars and trucks all the
time. It's very quick. The the truck is incapacitated. The it will have to be negotiated not literally negotiating but you know it will have to be handled between the operator and the the enforcing body. Um and it doesn't block traffic
additionally. It doesn't remove it, but it doesn't block it the same way. Is are we preempted from using boots? >> Well, you Well, Commissioner, you don't want to boot up You don't want to boot up a a vehicle that's blocking a light. >> No, but but it's faster. No, no, no, no, no, no. I'm just saying it's faster than
getting a tow truck, right? like because then an officer can go the the the the vehicle can't leave until the officer has written the the ticket or whatever done the enforcement part and then it goes. But it's faster than having a
special giant truck coming and moving it because then they you just take the boot off and they drive away. >> I think and if I can just interject here because and no pun intended but when there's a will there's a way and there's a will here. There is a willington.
>> And also, it was really good. And by the way, you're you're having a fun time by going out at 1:00 at night to look at traffic enforcement. God bless. >> All that I know is that our residents sneeze >> and they're getting ticketed and towed like almost like immediately. Yep.
>> If it's if it's working to go after the residents and the taxpayers of the city of Miami Beach, I expect for it to work even better when it comes to the enforcement on these commercial trucks.
They're commercializing and profiting from our community and they're and they're destroying the quality of life of our of our residents. We've focused so much on going after a resident that parked on a yellow curb. We've gone so
much to focus on a resident that parked on zone 2 instead of zone one or you know these like minor things. Let's put all of our resources and all of our effort into doing what we can today just
to solve this issue that is destroying people's ability to navigate our our our city. So what we can do and uh the entire commission can have my dedication. We can put out starting at 7 o'clock in the morning in the that we
will begin the enforcement of towing commercial vehicles and go ahead and start calling those vehicles as early as 7 a.m. >> You you have my support for that. You you could you could park tomorrow >> at the park lit on 10th and West Avenue
>> and you'll have 10 commercial vehicles by 100 p.m. Right. And that is when they learn. That is when they learn. >> And that the you know the decoplage and the Ritz disaster which you know I think almost everybody on this day has had
some hand in trying to resolve that. It is that is an unmititigated disaster all the time. the biggest challenge right there. I I will be extremely happy when that construction is over so we can get back our our other freight loading zone over there >> and and through through the vice chair if it's possible you know we have a
member of the towing company Mr. Andrade I don't know if you want to come up and give some insight on to what you know >> some stuff to say before he speaks >> how the towing company can help alleviate some of the the problems I mean I don't know if you have also an outside perspective on what you want to
what what could be beneficial for us. So through the vice mayor, I'd like to I'm not sure if we're still on this item of we've transitioned to R and ah because I know at some point we said we were going to call them together because I do want to circle back to North Beach about parking enforcement because I I
presented at a neighborhood um organization in North Beach last week and I know that there was a parking town hall that my aid attended and they have some serious concerns about enforcement in North Beach and I stand behind what we're transitioning to with not towing
residents. But I also respect the fact that there are some residents in North Beach that do want parking enforcement and towing. Um, so before we get to that point, I just want to say that, you know, can we can we have some more enforcement? Do you have numbers, Will,
of what enforcement looks like in South Beach versus North Beach in in in terms of both enforcement, tickets, and towing? Because North Beach does not feel like enforcement happens up there. And you know, perception, right? I don't data is data, but they do, you know, I had a woman approach me that said
there's been an abandoned car in front of her building, you know, but so I I I do want to see I don't want the North Beach residents to feel ignored up there. And as we transition into no more residential towing, I want to I want to I want to make sure that these people feel heard and let's tow before that
kicks into effect. And I know it sounds crazy and cruel, but that's what these people want. At least they told me they wanted they don't see the enforcement or the towing in the residential zones, which is new. And I know we did a a process where it was I think the first year we didn't ticket it. It was just,
you know, warnings because it was the zones were new and that's still in transition and we're working out the kinks still. But they they did say that they wanted that enforcement and towing in North Beach. So before our item, which I stand behind, comes to neighborhoods, can we can we increase
that a little bit? And and I just want to build upon that because you know one of the key things is you know ticketing. You know it's $36 per violation and the people who are doing this repeatedly they can get ticketed and one of the great recommendations that MBU put forward is that if the person is still
there after um after 24 hours you know if it's an abandoned vehicle there you know absolutely you know they should absolutely uh get get towed. So, you know, there's ways to enforce that doesn't necessarily start uh with towing a resident. Um
>> and and to build on that just really super fast, um the North Beach CRA pays for enhanced code enforcement, I think, but definitely enhanced police. Um I Heather, I don't know, is Heather here or Stephen? But anyhow, there's money to to be spent both. Okay. So there is
money available specifically for this function in the North Beach CRA and if if that's what it needs to hire more um code off parking enforcement people to work in the CRA district that's what the money is there for. >> So
>> okay so does the city have what you need in order for us to move on from this item. >> So I I'd like to point out one thing about North Beach and I'm I say this about all of our residential zones because I understand um we talk about enforcement. I'm going to use Park View Island. Park View Island has 450
permits assigned. There is a 112 city parking spaces on Park View Island. So, um this is not a problem that Miami Beach can enforce or tow it. >> But that's also because of the building there. >> Well, you're right. >> We give permits to that building.
>> Correct. And we should I >> these are things that we have to take a greater look at at every one of our residential zones and say when we now look at permits if you have off- streetet parking in your building we cannot make you eligible for a permit
much like we did um with the newer development in 72nd that all of those larger buildings don't get residential parking. we now have to start coming back and probably taking away because we have a place where we've given away 450
hunting permits in probably the most congested place in North Beach um with you know a a hope and a prayer of finding a space. So, so point of order just like what that's commissioner doing is wants to kind of bring it all into to to order which is smart because we went
from traffic and semi-truckss and now we're kind of blending into North Beach the R9 a. So, uh before we get into the R9 ah where we discuss parking, I'd like to close out the last item we were talking about. The last thing I just wanted to
have my colleagues kind of listen in on is someone from the the towing company where maybe you can give us a little bit more insight into how can we better enforce these delivery trucks. >> Sure. >> Um and then you know to take it away
Ralph. >> My pleasure. Uh good afternoon mayor, commissioner, city manager will um Ralph Andrad here. Um, and and look, I'm an attorney for for the towing companies, but my background for over 35 years, I've worked every aspect of parking,
parking enforcement, repossessing vehicles, valet, you know, it so I'm not just speaking as a lobbyist. I frankly, not that it's a big deal, but you know, I consider myself an an expert in this area. So, just there's a lot of moving parts. Um, and just to focus in on the
areas that I think contribute the most to the traffic delays that you experience on your streets, your choke points, Washington columns, etc. And it's the delivery trucks. And the reason they're double parking is because vehicles are parking illegally in the freight loading zone. So when the
delivery truck shows up is illegally parked vehicles there. So they have to double park. That's what creates the problem. With respect to automotives, um it can easily integrate with toebook and simultaneously alert the parking officer
as well as the tow company for efficiency purposes so that everyone, you know, basically shows up at the same time. You don't wait a half hour for the officer to show up. You don't wait a half hour after that for the tow company to show up. Now an hour has passed and no enforcement has occurred. What needs
to happen for that to happen? Mike city just needs to make sure that we're getting alerted simultaneously with uh with the parking officer >> and we have the capability to do that will >> so yeah we we haven't jumped into the back end of automotives yet um but yes from my understanding that is absolutely
a capability we're starting that >> I think let's implement that so that's one aspect the other aspect is and Mr. Mr. Mayor, you had an item on a couple of years ago regarding freight loading zone. I looked it up. It was in 2022. When your freight loading zone program
worked best and the streets were fleeing free and clear of this chaos was around 2015 to 2018 when the parking department used to give uh funds to the police department so that the motormen can work overtime and help them enforce the
freight loading zones. For some reason, >> Mayor Phil Levine was also personally enforcing during his >> That's right. He was jumping into he was jumping into trucks. So, look, the the parking department has a lot of different responsibilities. >> So, you're telling me that the the the police department can also
enforce parking >> and they used to and it was a very successful program and that's discontinued um as of this time. >> And but hang on one quick second. Hold that thought. But let's not forget 2015 to 2018 delivery retail sales versus as
a percentage of delivery trucks versus what it is now in 2026. I don't know what that data is, but I know for sure that it was infantessimal compared to now. Like almost nobody goes to a mall to do errands or to buy clothes. It's all delivery. The smallest thing. So
that when we're compiling our data that also needs to be factored in because uh to compare it just purely based on the program that existed does not take into account the underlying conditions. So we need to factor into that to figure out what else we need to do
>> which is all the more reason why the parking department needs a supplemental force. What they have isn't sufficient. It's just not. And so to the extent you all want to consider, you know, re-implementing, you know, the freight loading zones being also being infor and commercial loading zones, which is a
whole other conversation that go entirely uninforced citywide for a different reason. Um, you know, that may be something you could your chief may be interested in doing or you can discuss with him. But if the parking department got some air support from police or some other entity, you know, within the city,
it would be tremendously helpful because parking just doesn't have enough staff to do it. So I I would like to um put out to my colleagues because we could spend the rest of the day talking about this and that would probably be time very well served but that does not serve the agenda. I would like to recommend
that we schedule a sunshine meeting and continue this conversation because we have thrown out a bunch of of points and there's a lot of information that needs to come back and so we could either do it at the next meeting in May but then we'll spend another two or hours having the followup from this conversation and
I don't want to take away from the other 2,000 p or whatever it is 1,200 2,000 pages of agenda items that we have. So I don't know if my colleagues are willing to do that. I'm not suggesting we drop this conversation. I just suggest we move it to a different venue so that we can get through the four books we have
in front of us. Would would my colleagues be supportive of that >> and then keep this on the agenda for next month? >> Yes. However, I do want to I saw you kind of >> shaking your head. I want to be sure that we're all on the same page and if
there's things we're not on the same page about and then I think we move that on. But you clearly were signaling something. I don't know what it was. So I I while I absolutely love uh any support within the city, um when I I understand that we as a city are always
trying to do things in the most financially efficient manner and if there is a desire to put more individuals on the road that can enforce parking, um I feel an overtime to a motorman would be very expensive compared to increasing five, six, seven,
eight parking enforcement specialists. So when we talk about expanding our ability to enforce um uh team members um I almost would not understand why we would then say we are going to spend city funds to
spend overtime money rather than just bring in team members whose sole focus is to do those things. Why couldn't we do something like if we really want to have sole dedication of enforcing our freight towing zones and our medians and
public rights of way and we're going to use that what is it the tow alert or tow mobile? Why can't we ask for funding that comes from our partners >> 100%. Yeah. They're going to make money off of it, >> right? A and but it doesn't provide that same incentive that they're out doing
it, right? they're just funding a dedicated city parking resource that's just going to go out and focus solely on uh the freight areas. >> And in a matter of fact, and just to build upon that, and I don't know if this is possible or not, I mean, I'm
going to go out here and just throw this out there. Our problem is so bad and it's affecting traffic so badly and public safety in addition to quality of life. But in this case, the public safety issue is so bad with this, you
know, how do we get more efficient support from the outside to enforce the freight loading zones? You know, can we can we get support? Uh, you know, they're making money off of off of off of enforcement of the the
freight loading zones. Can you guys and the private sector help us and supplement us uh in in addition to what the towing companies >> for a dedicated resource just to go out and police the uh freight loading zones? >> The the the tow companies are here to serve the city's needs. If that's
something you all, you know, want to have a conversation about and explore, we're more than happy to do that. And and I would remind you that under Florida law, and by the way, this is legislation that I passed for the benefit of the city in around 2020. Under Florida law, the city can recoup
or charge impose an administrative fee in the amount of 25% on the consumer to recover its cost of parking enforcement. Right now, the city charges $33. You're leave you can with that 25% formula, you can charge up to $68. So
you're leaving whatever that is $35 on the table that we can lawfully impose on the consumer so that you can hire more personnel whether it's it's police officers or parking officers if but it's a self-funding mechanism will have no fiscal impact on the city or if like
you're suggesting you you want some external private supplemental help sort of like with uh the security companies right where the police department hires outside security to help we're more than happy to do that we're here to help the city alleviate the traffic conditions
that exist. Um, and however we can do that, we're here to. >> But the lowest hanging fruit right now, aside from hiring more parking attendants, chief, is it possible like tomorrow that you can start at least on some of the
worst hotspots in Miami Beach cuz we have problems right now at literally as we speak probably where motormen can go out um and enforce um loading zones for example. uh commissioner uh sure answer is yes. Um
among the myriad of responsibilities and priorities the motor department motor officer deal with on a daily basis. I'm sure we can find a way to lend support as we have in the past to the parking department. Um Bill was correct. It's very expensive to hire on overtime basis
a motorman. is far more cost-effective quite frankly to hire his own people parking force inspectors and >> yeah but like just you know just spitballing you know during the day for example like 9 to5 or even you know a little bit
earlier we have you know we this is going on throughout the day I don't know why it would need to be overtime where um we're paying officers to do you know something that the city needs you know I think at like you know 2:00 clock. I the
motormen aren't necessarily doing speed detection. >> Yeah, >> they can work on the enforcing the loading. So, why why does it need to be overtime? >> Well, it's a bit of both, right? um the program that Ralph referred to uh those
in motor morning coming in early in the morning to address the um the freight loading zones and that's where we're having the most problems uh back in 2015 2016. So those will come in early prior
to their shifts. uh address the the freight loading zones, uh write a lot of citations to people, many of them residents, and to a lot of cars, many of them residents. Um and it was effective but costly.
>> But could we the the traffic um safety specialists who are in the intersections at 41st Street, for instance, at rush hour, >> are they permitted by the state with your job description to write tickets? >> They are. So what are they doing when they're not dealing with rush hour
traffic jams and can we deploy them for this purpose? >> Typically responding to non-emergency calls or service that require report be rewritten like traffic accidents without injuries that require a report rewritten a burglary to an apartment or house that require report written. That's what they're typically doing. They too by the
way can work in overtime to enforce the freight loading zone. What has to happen for tow to be implemented for some of this parking in a public right of way or a freight loading zone? Can we implement some sort of see something, say something where an
officer is just on their normal patrol and he's going down West Avenue and he sees Amazon parked in the median, right? We don't want them spending time getting out, writing traffic tickets, getting in discussions back and forth. But is that
adequate? If that officer sees something that they could tow uh that they call our external partners and that's enough to summon them to come out and make a valid tow. >> Yeah. And in fact, we did have the freight loading zoo program. It was really a comprehensive effort by the
entire police department. officers were charged and directed to to do what you just said, but not only just to see something, say something, but also time permitting, they're not on a call for service, not in route to call for service, get out of the car and enforce um the parking violation.
>> I just, you know, I think that's great, but I also I also want to be mindful of everything that we're that we put on our police department. I first need to see from my perspective at least that
our parking department is really stepping up its game. Yeah, I would love to start seeing a weekly report on freight loading zones so that okay, once we see they're stepping up their game and we're seeing, okay, this is really being taken seriously, but yet it's
still not sufficient, then at that point going and seeing, okay, what support can the police department give us uh in this in this effort? If you're telling me as they go about their day and they're driving by, you know, and they see, okay, you know, there's a truck um
there's a truck blocking the public rideway that they can call that in. I think I think that I think that's great that they and they should be trained to to to do that. But I don't want this to become their job right now. We have a
parking department. This is the responsibility of the parking department. And we need the parking departments to take this on seriously. If if the towing companies who make money off of this can support in this effort as well, then it's to the benefit
of the residents of our city who are who are sitting in traffic and we don't take away more resources and redirect resources from for from an already overtold police department because we push our police department in every
direction from traffic enforcement to traffic management to homeless management to to our waterways to the parks to enforcing marijuana and open containers and absolutely everything. Okay? We have to be very mindful that we're constantly every day we're sending
our police departments on new missions. You know, mufflers, bicycle gangs, uh high impact weekends, special events, everything. We throw it on our cops and they're going in different directions. There's only one sole purpose for the
parking department. The parking department isn't doing homeless enforcement. The parking department isn't doing bicycle gang enforcement. They're not doing marine patrol enforcement. They're not doing traffic enforcement. This is the one job of the parking department. And I want to see
them do this job extremely well. >> I have a question. Once I see that, >> once I see and I want to see, and I don't know if you guys agree, but weekly metrics, weekly metrics so that we see, okay, are we really taking this
seriously? And once we show that we've had improvements, then >> and they still need more support, we'll then, you know, start tapping into our other resources. Commissioner Bot. >> Um, Will, are you fully staffed in your
parking enforcement? >> Very close. Uh, we just hired a new uh I think I want to say about eight or nine people into our part-time role. We then promoted uh I believe five of our part- timerrs into a full-time role. So, I believe we had some of the part- timerrs
uh drop out, which you know happens um when people get hired. So I feel right now we are about one or two full-timers shy of being fully staffed and maybe about two part- timerrs but we are actively going through interviews. >> How once you are fully staffed will that be
sufficient? >> So I this is where I I say it depends on what good looks like. And so um uh one of the things that Commissioner Fernandez talks about is metrics. And I absolutely love numbers. I live in the numbers. And so when we look at certain
things that we're doing, um, we see a decrease in certain areas and and I'll use I'll use the I go back to them a lot just because I'm so proud of them and I think it is absolutely going to transform the city, but our color-coded curbs. So when we put the pilot out there where we not only changed the
signage, but we shut down the zone so nobody could accidentally pay when they parked there. When they try to park there, it says no parking towway. We saw an 80% decrease in our pilots. We have now started painting those throughout the city. In our first 20 days of April,
we have seen a 30% decrease of illegal parking and freight loading zones. The commission received a picture from one of our amazing interactive residents who showed illegal parking, but right across the street, absolutely open freight loading zones. So, what we're talking
about now is changing the habit of delivery drivers that for a decade or more have done whatever they want. Now we can if you tell me that you want to up our team from 40 to 60 are the the
parking department I say it all the time as an enterprise fund we can absolutely absorb that and are we more effective at 60? Sure we're more effective at 100. Um so I just say it depends on what good looks like for the city. We are limited when we go give these millions of
dollars of right-of-way violations and because we give millions of dollars a year in right-of-way violations to UPS, FedEx, Amazon, the drivers take them, >> put them in their pocket and they pay them later. >> Okay. But let me come back to something you said. First of all, um, a couple
things. First of all, we are trying to disrupt behavior. So even if we don't get the millions of dollars back, the pain in the neck of going to get them adjudicated and some settlement, it's, you know, if we really hold everybody to the fire, their feet to the fire, then
they might get tired of that and um behavior will change. I mean, enforcement, we're we're going to be talking about micromobility and the the challenge will be to change behavior without enfor punitive enforcement, but to change it with educational enforcement, right? That's a different
thing. In this case, they're bad actors. They have a long track record. I'm happy to let them acrue their fines. But the other thing you said that's very um that I think we all need to hear as we start in on the budget process is parking is an enterprise fund. So if we hire
another let's say dozen people between part and and full-time, the the revenue that gets generated by their actions will pay for their employment. Is that a correct understanding? >> That is correct. Then and I will even say >> so then so then um I don't know if this
is a Jason question or a manager question or just a body of you know will of the body question. Why wouldn't we up that that that amount today and do a resolution right now saying go get yourself another 10 people between five between full and part-time and you know
throw the hammer down. Let's go. >> Let's go. So I think the short answer to that question is it's much easier to hire people than it is to downsize. And so we're always hiring for the troughs in our needs as opposed to the crests.
But I think there's opportunities to leverage technology and I think what we're hearing from you is that we don't have enough enforcement today and so maybe the trough has raised over time and maybe we need to look at adjusting
>> slightly. So >> would always rather >> understood I don't want to be firing somebody in the lean years >> but I would say that if we have been hiring based on a certain level of service from I don't know 10 years ago or whatever the right number is the
marketplace and the landscape has changed so dramatically between overdevelopment >> one second >> and um um e-commerce just those things alone a and
and um Uber and Lift, shared rides, those three factors say that without even looking at one single point of data, just from living in this city, that driving through the city in 2010 versus driving through the city in 2026 are night and day. Night
and day. So, I would love to know when the last set of um um assessments were for what the staffing levels should be because I guarantee you they're not enough. And if we're worried about having to lay people off, god forbid, um, then let's hire part-time people where it's it's a different kind of a
thing and they might be able to be transitioned to something else. But I I am I I would be happy to make a motion that hopefully my colleagues would support to direct the parking director to come back for the or whatever needs to happen. but to go ahead and and and
do the analysis of what the best level would be for you know the the most responsible way to do this and move forward like we we spent I don't know how many hours talking about all the things that are causing the impediment and one of the most effective is standing right be not you literally but
is standing right in front of us saying you know we just need more bodies on the street to enforce and we can do that and the enterprise fund pays for it like why haven't we done this already >> can we do that as a part-time employees That's what I just said. >> Oh, okay. Good. Yeah. >> Could we even supplement it?
>> Not replace but on top of just to manage through peaks with some sort of contracting service. >> Would you like a motion to direct you to come back to us in May with a plan that we can effectuate? >> I think that would be >> better than answering than a little
horse trading on the day. >> Okay. So, I would like to make that motion >> and hopefully somebody will second and hopefully I'll get unanimous support. >> Second. >> Rick, >> all in favor? >> If so, please say I. >> I. That was directing the parking
department to come back in May with an analysis of personnel, including part-time uh contracting services regarding their needs >> and and a timetable for implementing. >> Okay. now >> and and at May in Maine and I don't want
this pushed out to the fall. >> Now I had three other motions that no one made second so I need to clarify those. You had we had a motion uh refer from uh Monica Mattel Selenas referring to FK the study regarding changing from
traffic lights to stop signs but no one made a second. >> I'll second. >> So I have a motion by Commissioner Matelina seconded by Vice Mayor Dominguez a referral to FK. All in favor please say I. I >> I also had a uh a second motion from uh
Commissioner Mattel Selenas regarding amending C7Z which was to include speed tables on 71st Street. >> Motion from Commissioner Matelenus, seconded by Commissioner Vice Mayor Domingus. All in favor, please say I.
>> I. >> Any opposed? Hearing none. It's approved. And I had a last motion uh direct administration to supplement uh let's see supplement departmental budget with ebikes. U I think that was
commissioner bot who mentioned that was the police department. >> Good idea. >> Um police just got theirs. So it would be parking and code. >> Parking and code with ebikes. That was uh Commissioner Bot. Do I have a second on that? >> I'll second.
>> Just specifically what is it? What is the item calling for? >> It was to motion directing the administration to supplement uh department departmental budget. I'm assuming for the next budget year uh for the inclusion of ebikes for the parking department and code enforcement
departments to look into that >> because the issue has been that okay um and then the other thing that I didn't hear >> before I'm sorry. So I have a yes on that. A motion. All in favor? >> Excuse me. Just for the sake of clarity, is that to consider during the fiscal year budget process or is this a referral to FK?
>> Thank you. That's was I was about to ask. >> So I I think I'd like to get the assessment of how much it would cost and if it's not a huge amount of money, um then maybe we can do it this year. And if it's like I can't imagine that buying 12 ebikes is going to
>> I think the they're about 6,000 each, right? Cuz uh the And I'm just AION Foundation I think donated six bikes for 34,000. >> Correct. >> Roughly, >> but you know, let's not use that as a benchmark. Let's do our own research. >> Oh, 100%. I'm just saying that's their Yeah, >> based on that, it was No, I just wanted
to make sure cuz we have and we're consistent. I just wanted to make sure the reason I was asking to make sure it goes through the I like the item. I love it. >> Just make sure it goes through the budget process like everything else. >> We can save the money by by putting two people on one scooter. Commissioner, but >> no, not No, we can't. It's not safe unless you buy a certain scooter that
has the devices to make it safe. >> I'm not giving up on this one. But the the other thing I didn't hear, so can we just get a a sense of what the cost will be and then we'll decide if we're going to make it a next year priority or if we can find a cool question where we can do half now and half. >> Do we ever confiscate uh ebikes from
criminal enterprises? I >> I am sure we do. I mean we've got >> use it for this >> hundreds of bikes. >> Are we allowed to do that? like >> uh depends on the nature uh on the conditions we confiscate a bike if it's um a vehicle use and a crime and um we
can certainly uh use it. >> So maybe it's part of this item just explore that because I know like in the Netherlands people dump bikes all the time and they rehabilitate them and and give them to people who need bikes and this is a little bit different but it's worth looking at. >> I just want to jump in there because you
know I want to thank you com Commissioner Bod for bringing this up again. It's just it's deja vu. You know, in this city, we have these conversations and then we have them over and over again. In 2022, this body adopted resolution 2022-32344
specifically asking department the the parking department to create a dedicated bicycle enforcement unit. The directive is there already from this legislative body. >> What about this body? It was a different set of people
>> but but it's the body different people y >> but the legislation lives on and where is it? >> We gave the directive whether whether whether it was this commission or the one four four years ago the legislation
is there asking the parking department to create a dedicated bicycle enforcement unit. Um, and so and so I think it's important to bring it back up again so that it's fresh in everyone's mind, but this it's like we have the
same conversation over and over and over again and the problem doesn't get solved. >> Yeah. I look, I think um there's it's it's a complicated thing to to run a large organization. There's turnover. There's shifting priorities. I understand all that, but it's not like
this was a fly by night crazy idea by some random commissioner. and the fact that um here we are four years later and it hasn't been addressed. Where does the buck stop on this? >> And so that's a different question for a different time. Right now I'm more
interested in moving this forward. Um and the I had one more question. Oh, the the question about whether or not the city or the county or the state has jurisdiction on some of the traffic um calming. Is that does that need to be something we vote on or is that
something you can handle administratively to get those answers and come back to us? >> I don't believe we need a motion for that. We can >> Yeah, we can do that administratively. >> Okay. But I don't want it to fall off like we want ironclad correct answers ASAP.
>> Be happy to issue an LTC by tomorrow. >> Okay. >> It's pretty clear. >> Great. >> Great. Great. Great disc. We're going to call R9. I just I just want to say um you know sometimes it looks like we're taking uh a lot of shots. Sometimes they're fair to be honest. Uh but Will,
you know, you've been here about a year now. Uh you've been you how less than you've been a great >> I know a year yesterday. >> Oh, a year yesterday. Congratulations. >> Thank you. >> So happy anniversary. >> Uh and and I can say from my perspective, you've been you've been a great addition to our city. So uh thanks and and and I'm sure you're going to obviously follow the directive that
we're given here and and implement it. Absolutely. Thanks for >> So it's been a year yesterday, but it feels like 10. And I think during your interview you had a full head of hair, right? >> No, ma'am. I keep it shaved to don't show the gray. That has definitely >> Thank you as well for living in our city. >> Yes.
>> I can see through your knowledge of the intricacies, it makes a difference and that's a very passive aggressive suggestion to our other staff and administrators. But thank you very much for living in our city. No, but I will call out that Jose does as well and Melissa does as well and they speak from
knowledge when they are addressing issues that we are all frustrated with because they are also residents who are frustrated by the same issues. Jason, that's right, >> John Norris. >> And I was all John Norris calls me every single day. He's on the way home that he sees a truck stopped at 63rd because he
lives just north of 63rd and he goes, >> "So, can we deputize him to >> I actually we've talked about giving him a tablet and a printer and having him go through the course." >> That's cool. It is kind of cool. By the way, I did that yesterday. It was a backup on Alton and I texted Jose Gonzalez and then two minutes a few minutes later there's a notice going out
citywide. Hey, there's a backup because of uh but um Commissioner Vice Mayor Dominguez, >> I just wanted uh to uh make a motion for this item to be heard at the next public safety meeting um which is May 13th.
>> Which item? I'm sorry. >> Um what we just discussed now. I thought I heard Commissioner Bod say she wanted a special meeting and my suggestion would be for it to be heard at the next public safety meeting. >> Got it. So in L Comm Commissioner Bot had instructed to hold a sunshine meeting. So instead of that sunshine
meeting on this topic, you would like it to go to the public >> May 13th um public safety neighborhood quality of life. works for me >> and hopefully all of our colleagues can can join us for that because I think this has been a really fruitful and
productive discussion and and as the mayor said it no one's coming at you. Um but this clearly we're all quite passionate about finding solutions so let's go get them. It's I don't know why we haven't yet but let's do it now. >> When there is a will there is a way and there is a will. Okay, we're uh now
we're going to call the R9 ah >> so just for the record I have a motion by Commissioner actually by Commissioner Dominguez for the referral to public safety May 13th seconded by Commissioner Mattel Selenus. All in favor please say I. >> I. >> Thank you.
>> Now we're on R9 ah >> you want to call it >> discussion take action parking enforcement and North Beach R9 ah >> Suarez. >> Thank you. Um, so this seems to be the topic dour of this morning, which is good because that's what residents care
about. I had a North Beach parking town hall last week and believe it or not, one of the biggest uh requests from a lot of these North Beach residents is they want to see towing
when it comes to enforcing the zone 26 parking. Um, you know, I think Commissioner Fernandez or Commissioner Bot, I forgot who mentioned it, says, you know, they'll see a stack of tickets on the car and there's it's just there.
It's just left there. Um, and, you know, people seem to just not really care about our our our residents ability to park. Um, we passed, I think it was 2 years ago, was one of the first items
that I brought forward for a residential parking zone in North Beach. It was zone 26. Uh, when we first started it, we we wanted to give as much education and grace period to all the residents and business owners in in North Beach um
that we're not going to tow. Um in fact we wrote it into the ordinance as far as the pilot program and we ever whenever since the program was started it's been a huge success especially in the beginning there was uh
finally some sort of you know structure for residents and visitors to to know where to park and where not to park. And for a good period of time seemed to work. But when there was no teeth toward it,
everyone I kind of just was abusing the system, so to sort of so to speak. Um, and so last I I believe it was like a year ago where we passed a three strikes, you're out uh for for towing in
in zone 26. And um I wanted to ask Eric, Eric, how many toes since our meeting to enforce through towing has there been
um in zone 26 for um residential parking enforcement? >> So I would have to defer to our parking director. >> Yes, sir. So um this is the data that I gave at the the meeting. So we've had
450 toes uh for non-commercial reasons. Now the way that and and forgive me if I misunderstood but I was under the understanding that it was if you received three zone 26 violations in the
same month that's when uh we would we would initiate a tow at that point in time. Now >> so how many toes has there been? So I I'd have to look at the exact data because if for example we towed a
vehicle the other day for a scoff law >> I just I just want to know how many toes there has been in the last year specifically for a zone 26 violation. So, so that's the challenge, sir, because it's a vehicle will not specifically just get towed under that
specific clause because and I and I give anecdotal >> because there's other reasons and I let me go to the scoff law. So, there was a vehicle that uh uh never met the criteria. It had uh two violations a
month over the last several months. It was designated as scoff law by the county because there they hadn't paid any of those violations. So our team scanned it. It was recognized as a scoff law. We towed the vehicle. The individual came to the parking office. Obviously, you know, had some choice words for our for our customer service
team. They sent them upstairs. Um so, for example, that vehicle wasn't towed for not having a zone 26 permit because that vehicle specifically never met the threshold of having three citations in the same exact month. that vehicle was instead towed as a scofflaw because that
vehicle um to be honest with you, I didn't bother to talk with the team to find out if that person was a resident there or not. If that person just ignored all the tickets. Um >> listen, I I get it, but how many toes has there been? >> So, there's been 450 non-commercial toes
in the zone 26 area. >> Okay. Can you give me a little bit of a breakdown that how many were because you had a a violation in zone 26? >> I I I can I can pull that >> for in the residential area, not a
commercial, not freight loading zone, just specifically >> in residential parking spots. >> So that I'd have to go through addresses to get that information, sir. >> Okay. So, >> so when I say 450 non-commercial, that's not including commercial loading zone.
does not come including freight loading zones. >> Okay. So, well, the the sentiment I get from the residents of North Beach is that and I think we've said it a enough up here is that there is no enforcement,
right? Um, and you North Beach is unique in the sense that over the next couple of years with P, parking lot 92, that's going to be um demolished for a much bigger structure.
There's going to be a transition period where it's going to be very uncomfortable for North Beach residents. And the lowest hanging fruit is to park in the residential parking zones because there's not going to be and people know
that if they park there, it's going to be a 90% chance that they're not going to get towed. They'll just get a ticket, but they're not going to get towed. And unfortunately, that leaves the people who live there that don't have a dedicated on-site parking space to fight against those people.
um where the only penalty is like a $36 parking ticket. So, what do you need from us? Well, let me ask you, how many parking
employees are dedicated to North Beach? >> So, we don't have any dedicated. For example, if we if you talk about, for example, when we divide our shifts throughout the evening, um we look at how many individuals um are on shift and
for example, we'll say, "Hey, you are going to go to North Beach." So, generally, I will say on an overnight shift, we're going to have one officer. We have four different shifts. One of those shifts is like a 6P to a 23A. Um so, that individual can be up in North Beach as well. So, it concerns me a
little bit, Eric, city manager, that there's no real plan as far as enforcement, meaning like it's just kind of general. Oh, today you're going to go to North Beach. I don't think that's how our city should run. I think our city
should be running on with a schedule, a plan, and a thoughtfulness as it relates to enforcing parking. So, you know, I I don't know again if this is a staffing
issue or or what. And if there's just one person who is going to randomly be in North Beach, which is decided on the day apparently, um what happens if that person, you know,
calls out sick and then there's no enforcement? So, you know, Eric, what what do you suggest we do to really kind of make sure that North Beach has the proper enforcement? >> So, this is primarily an overnight issue
because the residential per permit zone kicks in at 6:00 p.m. >> Correct. And so I would say that we probably have to have dedicated resources there between 6:00 p.m. and 2:00 a.m. to make sure that um we're
enforcing the zone 26. >> So what I want to but we we do have a plan commissioner. So but but just like we have human beings at work and because we do have unionized employees and we give the opportunity of those unionized employees to exercise their rights,
individuals can take evac, individuals can take sick. So what our supervisors do is say, let's say we have five people on at this time frame, but we have one evac and one calls out sick. Now we have three. So now that supervisor says, okay, I'm going to put one here, one here, one here. Now I'm going to take
these two resources, hold them over for four hours, and put them here. So our supervisors are constantly >> But you're telling me I thought you said you're almost close to being fully staffed. Doesn't sound like >> No, but people still take vacation or call sick or stuff, but but can I jump
on our house? I'm sorry, but I'm like I I love I like where you're going. >> She's jumping at the Oh, go for it. >> She's jumping at the bit here. Um, okay. So, we talked about a little bit before. I hear where you're going and there are extenduating circumstances and I I don't know, but I would suspect that this
might also exist in Flamingo Park, but that'll be a different conversation for a different time. Let's use this as the model. So, what we have in North Beach and and I will say I was a huge skeptic of the parking program before, but because it was a year-long program, pilot program, I'm like, let's see how it works. And so, I have to give uh give
you your flowers because it has worked very well. And you know, it pains me to do. >> I know. >> Um, but it's it's worked very well by and large, and that's what the pilot program has been to try to tweak it. And people who haven't loved it are like making their peace with it. Nothing will
be perfect for everybody. I get that. But the the Parkview tower, the PP tower is a big issue. That's a whole different conversation. There is that alley that runs behind the west lots on the west side of the west lots that has I think was originally in
the program and then we took it out because it wasn't communicated well enough and nobody was prepared to handle it. But now I think a year plus into it that now needs to be put back into the program. We know for a fact we have people camping overnight in that alley
and in our parking lots up there. So knowing all those things um is this a department like police has a department is a department and code is a department where you have staff on 24 hours a day. >> Correct. >> Is parking also one where you can do that?
>> Yeah. No we are. >> You do. Okay. So again, because we have it's an enterprise fund, we can hire part-time people for now at to start and see what we actually need and there's money in the CRA. Like this is the trifecta of, you know, put the pedal to
the metal and but not driving unsafeely. No pun intended. >> Yeah, exactly. Um let's go like let's have a plan in place and let's go and let's alleviate these issues because um we need to make sure it it has gotten so much better than it was. And we also
need to make sure we don't slip back and that the other challenge is it's a very transient neighborhood. So people who weren't part of the first year of education have no idea. So now we need to and and maybe when you know we need to talk about the communication of that if this is their first violation maybe
there's an education you know this is your your mulligan and then we go from there. Um, and then so I think that that is really important to do and I I get that we have five people on and two people have the tearity to get the flu and but let's always let's say we have
five people on for the city plus two people dedicated overnight in North Beach or whatever the right number is. Okay. And then to your point about the earlier point about the um 72nd Street garage or parking lot going away for a couple years while it's turned into a
fuller community asset including many more spaces. Um I I wanted to if we're done with this part of your conversation have Will explain what the deal with the Doville Hotel is. And I spoke to David Martin about this yesterday and he said
he's on board um to do the parking program that you and I have talked about. But before you get into that, >> yes, sir. And I would love to hear about that. Um, one thing at the parking, what one thing at the town hall that I realized is
people uh wanted to say, "Hey, look, there's a car here. It's been sitting here forever." Um, and they tell me that they call the parking department and nothing happens. Uh, and then I find out that there's actually an ability to enter into a
license plate and on online on our government website where it gives a thumbs up or thumbs down, so to speak, a yes, no, that if it's a registered vehicle. I think most pe I didn't even know that. I think most people in North Beach or pretty much anywhere on the
beach knew that if you notice a car there that it's been there forever and it's probably not a resident, you could just put in the license plate and it'll tell you if it's a if it's a permitted car. Um
that and if they call a towing attendant or a parking attendant would come out and possibly get it towed. Is there perhaps maybe with communications to send out a message like that to the to North Beach and allow, you know, we're
not just relying on parking attendants. We'll also rely on a sort of like a crowd source of residents on the beach to, you know, enforce their own little block of neighborhood. >> And that applies to all the parking zones, right? >> Yeah, correct. So if any any individual
who has a residential parking permit. So you you you must be you must have res access to the residential portal um can log into the residential portal, search for a um search a license plate and then like you said it thumbs up thumbs down.
Um it's actually red or green but um >> so c Melissa can we can is it possible for communications to send out a dedicated email saying hey you know for parking enforcement if you notice that there's a car that doesn't belong you know you can use this link to
figure it out and if and if it's not here's a phone number for parking um department to get it investigated >> social media >> I mean we're happy to send out a dedicated email I would just work with the IT department to develop of whatever that link would be.
>> Great. And and that way, you know, we're not relying on Okay. >> I mean, it's good to rely on our city funded services obviously, but I think when you have residents that, you know, can can do a can do a much quicker, better job, and they know their streets better than anyone else. Um, that that
would be a great tool in our shed. >> Um, Commissioner, but then we have Commissioner Mat Selenus. So, two things to build on that. One is um we need to be sure because we have these special permits that we have been working on over the last couple years for churches,
for volunteer organizations, for students and teachers that we when somebody puts their the tag under question into the the database that those tags that are allowed to be at that church on the Sunday morning um shows up as green. We just had a you
know the the church that Miss Summer wrote in about saying that people are getting ticketed and towed. So that is going to be and and maybe if it's not um if it doesn't come up as red or green accurately when the officer goes to do the violation they have to reconfirm and
they have a more robust database. So actually right now the way that we perform toes in all residential areas, the officer first scans the license plate whether they're vehicle mounted or >> not just toes tickets as well. >> Okay. Um you know tickets we probably have a little bit lighter because we know that we can always undo a ticket um
when it >> but the res the problem is the people who are getting ticketed don't know like some do and they'll reach out to us but a ton of people don't and so they're just like you know I went to church and I got a ticket. It's like you know no good deed goes unpunished.
I and just look, you're going to be able to you're going to be able to digest that, you know, >> with communications, but I think, Eric, what I'm asking for is >> we there doesn't seem to be a plan for specifically North Beach enforcement as
it goes to zone 26. It seems like there's, oh, well, on today we happen to have three people, so we're going to send you that. I think what would be appropriate was would be perhaps in about a week or so send out an LTC to the commission
>> on exactly what you plan on doing for enforcement of zone 26 in North Beach. >> No problem. >> Great. >> Commissioner, I'm Matt Selenus. >> So, uh similarly, I will again you're not fully staffed, correct? Uh we're
we're about uh two I would say one full-timer short uh and uh maybe two or three part- timerrs. >> Are those positions posted? >> Uh yes, we're actually doing interviews right now. >> Okay, great. Thank you. >> One last question about the communication part. The egov app is so
amazing and you can report dump furniture or carts or flooding and all that stuff. Does parking is can you report parking on the egov app? Currently, >> you can report parking on the EGOV app. And on top of that, anybody that, you know, I I I understand there's anecdotal
um uh stories out there, but anyone that calls in a parking issue, um that is they call in on a recorded line, our team then enters that into the system, and there has to be um a a solution entered into the system on what the
parking enforcement specialist saw when they got there. So if for example we we send an officer out there and there's three or four tickets on a windshield, my expectation is that parking enforcement specialist calls the supervisor and we have certain uh Miami date parking codes which we can enforce
that don't necessarily state you don't have a zone 26 permit but it's another violation that we can tow immediately on. >> So when you guys work on whatever the communication is just let's remind people who already use the EGV app that they don't have to adopt another >> Absolutely. We'll plug that as well.
Thank you. >> Okay, I think we're good. >> Thank you so much. >> Thank you. >> One on the North Beach thing. >> I'll I'll It's not a public comment, but I'll Yeah, come on up.
>> Honorable mayor, commissioner, city manager, thank you for the opportunity to talk here today. talking to you in reference of North Beach. Lifelong resident of Miami Beach, been living 40 years on Normandy Isisle. I've I've been
dealing with this situation with Park. Before I go on, I want to make it clear and transparent. I have an entrance with Beach towing and I run the day-to-day operation there. So, there's no hidden thing here. I've had two incidents in my
island. Just last week, I had a confrontation with one of the contract workers. Called up parking, gave film. I've been I have dated back to 2023 with situations in our island. No enforcement has been done. They go,
give a ticket here, give a warning here, and they leave. I'm letting the city know. My family's safety. I have my son that lives on Fairway. We live on Northshore. My daughter lives on North North Bay Road.
My family safety has been compromised with the confrontation with those contractors. Enough is enough. Enough is enough. Either start enforcing and I don't want one to our island to go to beach towing. Let Tmont have it. You can
skip me because the optics of it looks like I want to get more toes. That's not the thing. Enough is enough. Enforcement has to be done. Thank you. But >> it's happening in your neighborhood. It's happening in his neighborhood. If I'll tell you, you go into Beayshore, it's happening all over Beayore. You go
North Bay Road, it's happening all over uh North Bay Road is the same issue we're facing in our commercial corridors. >> My quality of life with the amount of property taxes that I pay, it's the safety of my family. >> Enough is enough.
>> Sorry, sir. I didn't catch your name. >> Lewis Salom. >> Thank you. >> 815 Northshore Drive. Thank you. >> May I can I say something? >> Yes. And then we got to wrap it up. >> Yes, sir. Thank you very much, Mayor. So, Normandy Isles, Venetian Isles,
Sunset, uh, Palm Hibiscus, Star, all of these islands share a very similar trait. Technically, there is no legal parking on the islands anywhere. And so, we when we get calls for service, we go
out there and we enforce. Um, if we do not get calls for service, we tend to not go unless called because the individuals that live on these islands say my my my my nanny, my cook,
my fill in the blank here, we have to walk a very fine line because on any of these roadways, if a vehicle parks, we should ticket for obstruction of traffic and tow the vehicle immediately. $157 ticket and tow immediately on every one of the islands. Then when we do go, we
do hear from the residents that weren't expecting this type of enforcement. So I so I say that we will absolutely go in the direction that the commission would like. >> So if that's we're wrapping up, we're wrapping up this item. Thank you so much. R9D
was >> R9D is presentation by Commissioner Raquel Regalado on neuroincclusion toolkit. Commissioner Regalado, Raquel Regalado, thank you so much for being here. Uh, for those who don't know, I think most people watching do, but just
in case, uh, you are a county Miami date county commissioner, >> former schoolboard member. Yes. >> Former school board member. And, uh, we're really honored that you're here with us today. And I know you have a special presentation. So, thank you. >> Thank you. Thank you. And I'm here in my capacity as the very proud mom of two neurodeivergent adults, uh, Bella and
Sebastian, who are now 21 and 22, respectively. Um, so first of all, I want to thank you all for raising the flag. Thank you so much. It means so much to us to really get our municipalities to start talking about not just autism as a general idea, but
really autism acceptance. We really have come a long way from awareness to acceptance. And we have so many resources uh in our counties for who we lovingly refer to as the littles. you know, when you get your early diagnosis and all the different things that happen
when you get that diagnosis. But as many of you know, starting at 10, 12, 13, things start getting a little complicated. Uh, and I've been working uh over the last 10 years on programming specifically for adults. As my children transition to adulthood, I have to say
uh my daughter Isabella came to the M um NSU Surf Camp here in Miami Beach uh over a decade ago. So, I know that you all have a long-standing relationship with NSU card and NSU card uh has been my number one partner in doing this work
uh with the toolkit. Um so, what the toolkit is, I created a document that has been emailed to all of you. Uh I also have the QR codes here um so that you can see them. That really encompasses everything that I've done in the public sector on the government
side. It is written for you. It is written for uh managers, mayors, uh commissioners, um and administrators in general. And it has all the legislation that I've worked uh on. Please copy it. um all the data that we have done over
the years, the training as infrastructure and then the different examples of everything from social stories that we've done in all of our libraries to how to um provide uh autism friendly and sensory friendly events. Um so first I'll just say why we talk about
neuroincclusion and not autism. Most autistic adults and children have more than one neurodeiversity. So for example, my daughter was diagnosed with autism, but later in life she was also diagnosed with ADHD. So she has ADHD. A
lot of neurode divergent adults are autistic and dyslexic or um are um they have autism and Tourette's or Tourette's and dyslexia or OCD or autism and epilepsy. So it's very common to have more than one neurodeiversity. Also when
we talk about autism, we're talking about 1 in 31. when we speak about neurodeiversity because neurological um uh delay includes autism, downs, epilepsy, uh Tourette's, ADHD,
um all of those exceptionalities. In the middle of the spectrum, we have neurological brain injuries. So, people who have injuries that lead to neurodeiversity and then on the other side of the spectrum, we have individuals that have dementia or Alzheimer's. Altogether, the human
beings that are neurodeiverse in the state of Florida are one in five. They're not outliers. They're not a small group of people. They're actually a very large group of people. And a lot of the work that I do also helps people who have dementia and have Alzheimer's.
Because while most families um think that the first marker is forgetfulness, actually the first marker for more than 89% of them is sensory overload. So when you have sensory friendly activities that actually helps everyone and I will
tell you as I mentioned in the toolkit it isn't just wonderful for people who are neurodeiverse. Even neurotypical people like myself appreciate when you turn down the volume a little bit and turn down the lights. So one of the examples that I give um is the youth fair. We've been working with the youth
fair for several years. They started with MSU card. They did a sensory room and a social story. The next year we did a map that had sensory friendly spaces and this year we did sensory friendly hours every Saturday and Sunday from 12
to 3. So it is progressive. It's not something that you do from one day to another. I know that you all have done a lot of this work and I want to thank you for that. But it is an ongoing process. Um so the idea of this toolkit is to give you ideas on how to do it. You
don't have to hire a consultant. You know, we've done this work as pilots in the county. So, with NSU card, Miami date county has already trained 4,128 first responders, lowering the amount of Baker acts and unnecessary uh arrests
dramatically. It's so important for our families to know that people who are coming at a point of crisis know how to deal with their neurode divergent adults. One of the examples that I get, I've had uh a police officer from the sheriff's department call me and tell me
that they were in North Miami Dade and they were responding to a 911. They knocked on the door and the mother opened the door a little bit and said, "Have you taken Commissioner Regalado's autism training?" And the police officer was like, "I am responding to a 911." And she was like, "Yes, but have you
taken it?" And he said, "Yes, I have." And she said, "You can come in now." because she was scared that in response to the 911 her son was going to be unnecessarily bakered or or arrested. So we talk about employment and that's part of the work that I do and obviously October we really highlight that but
there are many barriers to employment not getting an ID. How do you get an ID? We have worked with the tax collector and we actually have neuroinclusive days at the tax collector's office downtown where all of our families can go and get IDs. The state of Florida recently changed the law so that you can add your
disability voluntarily to your Florida ID and you can get a Florida ID starting at 5 years old. So there is a world in which autistic children and adults have a Florida ID and they could use it and that could be one of the many ways that as elected officials we can help them
come into these public spaces. Um I also wanted to tell you a little bit about countywide programs that we have. Um, so, um, at Miami Dade, we've trained all of our transit workers and everyone at our airport. This is the sunflower lanyard. This is for invisible
disabilities, and it just gives someone a heads up that if they see this that they might want to approach and that their approach might be a little bit different than a neurotypical approach. Um, this is also used, like I said, for um, people who have dementia and Alzheimer's and it's a very subtle way
to say that someone might need a little bit of assistance. We have this in our airports. I give them away. The airport gives them away. And at the airport, which is in the toolkit, we have MIA air, which is a dress rehearsal that's available to all residents of Miami date county. If you love a neurode divergent
person, where we walk them through the process of boarding a plane without actually flying, they come to the airport, they get a boarding pass, they go through TSA, they board the plane, they meet the they meet the pilot, and then we show them where our sensory rooms are. And that way when they go to
fly with their families or even if they go alone, it's not an overwhelming experience. It comes with social stories in English and Spanish and we actually connect the caregivers with TSA Cares. So this is one of the many programs that we've established at the county that really leans into inclusion. Everything
that I have done is within our existing systems. I haven't created anything. I haven't created any jobs. This is not an economic opportunity. This is about really giving specifics to what inclusion is. I think inclusion is like happiness. You know, we all want to be
happy, right? But how do you get there? What does that mean for you? Um, so what this tries to do is at least from the public sector side, try to explain what inclusion looks like and how we can embed it in our existing systems to make everyone feel welcomed. Our families
have a tendency to stay home, to not come out, to not congregate. and we're seeing them with these new events and these opportunities really coming out. I'm hosting a fair on Saturday at uh Temple Betham in Pinerest where we're
going to have the sheriff there uh with uh the decal and the registration. The registration is for everyone in Miami Day County. It allows you as a caregiver to register a neurode divergent person that lives in your home and to give specific instructions about their needs,
if they're verbal, if they're non-verbal, what their specific deescalation is, and what the officer or firefighter should know when they knock on your door. That is available to everyone's 911. It's voluntary. And this year, the sheriff has added vehicle registrations. So now when you register
your vehicle, you can also add that a neurode divergent person may be in that vehicle. and what their spec their specific needs are so that when you're stopped everyone is aware because a caregiver may not be there or a caregiver may not be at that moment be able to communicate in front of the
person what is the best way to deescalate. Um so those are some of the many tools that are in the toolkit. Uh I'll pass it around. It was emailed to you. I'm here to help. I would love to see more adult programming in Miami Beach. If I had a magic wand that would
be my ask. You all do so much, but we have a huge need for adult programming. Um, unfortunately, our health care system is created for elderly people. So, our system pushes people towards getting someone to take care of them at home. And if you're an elderly person
and the remainder of your lifespan is 5, 7, 10, 11 years, that's great. But when you graduate our kids to the couch, when at 22 they go from a structured environment, an educational system to the couch, what you're saying is that
they're going to be home for 40, 45, 50, 60 years. So, think about that. Um I I know that it's a it's a lot you know when we talk about adult programming but there really is such an amazing need and
it can be colllocated uh with vocational training with um employment opportunities and remember our children have a neurological delay. So unlike the elderly that we're trying to keep them from getting worse, our kids get better.
They get better with intervention. They get better with support. And while you may have a child now at 22, like my daughter who is in a vocational program, but is not ready to work, in 5 years, in 7 years, in 10 years, she will be. And that's what we're all moving towards.
And we also have a lot of adults that need less resources, but they still need accommodations. And at the county, I've created opportunities for them. We're changing the way that we hire. instead of just posting on LinkedIn and telling people you know that they have to make eye contact and communicate well uh we
allow them to come in and actually perform the task and that's a way a very easy way where you give a neurode divergent person the opportunity to work so I'm here to help uh I want to thank you all for your support and for the opportunity and to answer any and all
questions that you may have. So thank you. >> Thank you Commissioner Regalado and thank you for all the hard work you do on this. It is it's an important issue. We all we all know individuals like yourself who live with this every single uh day and care for their their loved
ones and in most cases kids. Um I have so many friends who are grappling with this issue. So highlighting it, educating people, but also taking concrete steps and actions like you're that you're talking about is is imperative. So thank you. >> Thank you. And I'll say I would have given anything 15 years ago for my kids
to be neurotypical. I wouldn't change them today. Um, they have made me a better person. They're amazing human beings. Uh, and I know that it's hard when they're little. My son was a runner. My daughter was non-verbal. It's really challenging when they're very young. But, uh, for all the parents, it
does it does get easier. And obviously, it takes a village. So, when you live in a community that really leans in, um, it makes it so much easier. >> Thank you. >> I have Commissioner Fernandez and Commissioner Botton. >> Yes. >> And thank you, Commissioner, for your leadership, uh, in this. I think the the
the great thing about this is it's not just general statements. This is an actual toolkit that you have put together through your years of public service that communities can model themselves uh after and um and and I
think you know th that clear shift those meaningful policies on signage on sensory uh aware public spaces on on on the in-person interaction that that that you were just mentioning is so important
I think for us as a as a destination ation. Not only are we a great community for our full-time residents, but um like most of Miami Day County, we're we're also very tourism driven. And in order to be aospitable community, uh we need
to make sure that we're properly training uh our hotels, our restaurants, uh our park staff, and uh and and our police departments uh and and how to handle this. And I know our police department actually has been very much
involved in these in these efforts um and training and training their their staff. Um but this is such a great uh initiative part of a I think a broader commitment to the diversity uh of our city which is ensure is in part making
sure that every resident can navigate our city services can uh visit our restaurants, can visit our hotels uh and feel feel comfort, feel clarity, feel respect uh and so I just want to thank
you. Thank you for for for this effort. I love the toolkit. I love that you're making this available to elected officials throughout the state so that we can mimic uh these policies. And as you mentioned, I think we have so much great opportunity to work on more programming here and engaging our
business community so that so not only are we truly a diverse and and inclusive community for what we think of traditionally, but also the broader sector, people who just see the world a little bit differently. and we can do so much uh to help them feel a little bit
better in our community. >> Thank you, Commissioner. And the Greater Miami Visitors and Convention Bureau is in the toolkit. They were one of my first uh partners. Uh I won't reveal anything, but there there might be the first um hotel that where everyone has
been trained in Miami Beach. Uh so stay stay tuned. Uh there's a lot of things that we're working on in that space. Um there's going to be a roll out specifically for that in October. So October is disability month. One of the things that I mentioned in the toolkit is using April and October as goal
setting moments, not just performative moments. Um and October um for us is going to be uh a big one where we talk about what we've been doing in terms of autism friendly spaces. We have a lot of museums that have been doing that and we're going to roll out a lot of special
things so that people know where to go, right? that has actually done this training and were they focused on um making this a priority because our our families do have economic power and they are asking the questions right where can
we go how do we get there um and and that's something that I think is one of the things that we're seeing as this community grows uh and I would love to have Miami Beach lead on that and MSU card is a wonderful partner for you all you know we do a lot of the training
with them. The one that we did, we've trained all of our uh police officers, firefighters, parks, uh transit, um and libraries. So, it's it's been an enormous training effort and my immediate county. And I will tell you when I talk about training as
infrastructure uh in the toolkit, not only does it make the customer experience life-changing for parents and and caregivers and individuals, but it also sends a mini ambassador back to every home and every business because
everyone that's been trained um with our training now, they become the advocate and and that it's a multiplier and wherever they go, every time they go somewhere, every time they see someone, they educate them. So, it really is uh an opportunity for us. You know, to your
point, Miami date county is known for diversity, cultural diversity, ethnic diversity, right? Um I >> there is a world there is a world, right, uh in which we also become the mecca for intellectual diversity because
our kids just think different. That's all. >> And there and there there there's so much stereotype in this arena. But in when you when you got to meet these these individuals, their talent, their creativity, >> amazing abilities, >> truly truly incredible uh uh abilities
that that they have to contribute back to society, but oftent times they're prejudged and they're stereotyped by individuals who just don't know better. And and it's incumbent upon us to to help make that shift in in society. And I think that that's that's where a lot
of these trainings and a lot of these toolkits and creating opportunities for the engagement uh and oftent times putting in individuals uh with these uh neural divergent uh uh issues um in places where they're frontf facing
engaging with people so that >> so that's what the greeter visitors and convention bureau did. Um they actually hired some of our graduates from Easter Seals to be greeters uh at many of their events. Uh, and it was lovely because they really gave a face to it. Easter Seals also has like a coffee cart that
they take um to uh corporate events and then they have the graduates serve coffee and talk about um autism. We have a lot of programs that are doing a lot of in community service where you can invite them to a lot of your events and they do the education for you. Um, in
our police training, uh, and in our parks training, we actually took autistic adults that explained to county employees what their interaction was like and what their experience was like. So, yeah. Thank you, >> Commissioner Bach. >> Um, thank you, Commissioner Regalado. I
will not take up more of your time, but uh, I wanted to say two quick things. One is a question which you don't need to answer here, but I want to put in your mind to see if there information exists. Um you said some of the neurode diverency comes from traumatic brain injury and I would love to know if there
is a data set that you can access or has or whatever if we've seen a spike in that or a trend line going up as we've seen an increase in micromobility adoption in the county because I'm it's something I'm working on and I know that people are going to the hospital and
sometimes surviving and sometimes not um with traumatic brain injuries and um I think that would be really valuable data point for a lot of things that we're doing here in the city and in in the county. >> I I can get you that. I represent Cubiscane. >> Okay. Awesome. So, you feel me? And then
the other thing is, and I I'm going to pop off and give you my card, but um so you may or may not know that we are transitioning Miami Beach into the health and well-being capital of the world. And a big part of that, I mean, all of my colleagues, every single one of us up here has been a big part of that, but um and not but and um sort of
the overarching umbrella for that or one of one of the the the legs of that stool, depending on which analogy you want to use, is the blue zones initiative. And a big part of the Blue Zones initiative is community and connecting people who otherwise would be left out. And we talked about it with
seniors or we talked about it with young adults who don't have families who are plugged into the school system. I think this is a brilliant um element of inclusion that hadn't really crossed the transom um yet, but I am going to reach out to you because it fits in so well
and there's so much um for neurode divergent families to do here in a scale that is not overwhelming like it's not going to bickle or you don't have to drive for three hours to get here. It's close. It's easy. It's low in low scale. You can dip in and and dip out. So I think we are going to have lots to talk
about and I I apologize in advance but it's very exciting. >> No, I would love to work with you on it. In the toolkit is also the training that we did with Jackson Health Systems. So there's a whole healthcare component and healthcare training too uh specifically at emergencies and emergency rooms and urgent cares. So there's a lot of
different components um to it but um there is very simple things that can be done to make events um sensory friendly and that helps everyone. Uh, and there's a lot of existing resources that are very easy to mimic, uh, like social
stories. All you need is like a few pictures and there's a PDF and and you're good to go. And that really reduces the anxiety. So, it's it's a lot of easy things and and the idea behind the toolkit was to do just that, for everyone to incorporate it in their existing policy and and to not have to
hire a consultant to do it, to just kind of like step into it uh, and do what you feel comfortable with and and build on that. So, thank you. >> Thank you. >> All right. All right. >> Thank you, Commissioner Regalado. And uh we're looking forward to working with you and partnering partner partnering with you on this. >> Same. Same. And thank you so much for
always being so supportive. I really appreciate it. Have a lovely day. >> You, too. >> Call R7R. R7R is authorized issuance of resort tax revenue refunding bond series 2026 R7R.
I move the item. >> Motion by Commissioner Fernandez, seconded by Commissioner Suarez. Any discussion? >> Hearing none, may I call a vote? Call a vote. R sevenR. All in favor, please say I. >> Can we Can we just get on the record for what we're doing
>> and what we're saving? >> Sure. I I'll I'll be quick. Thank you. Jason Green, uh, city's chief financial officer. So, we have a an opportunity to refund the original 2015 resort tax bonds which were issued back in December of 2015. Uh, as of the end of the prior fiscal year, about $156 million
outstanding. Uh, through this refunding opportunity, we will not be extending the life of the bond, so it'll still be paid off at the same time frame, but through this refunding, uh, we are projecting approximately an 8.5% uh, net present value u savings of $13.3
million. So on an annual basis looks like our early projections. You won't know obviously till we go out to market but we're looking at just shy of a million dollars a year in savings. >> Incredible. Thank you Jason. Thank you. >> Hold the vote. >> I did. Everyone was in favor. It was a
motion by Commissioner Fernandez. Seconded by Commissioner Suarez. 70. >> Excellent. Thank you. Uh let's try to call a couple of hopefully quick items before the lunch break. R5A. That was a hint. Art 5 A is an orders of the mayor city commission of the city of Miami Beach,
Florida amending the Miami Beach resiliency code by amending chapter 2 entitle administration and review procedures article five entitle reasonzoning and development approval section 2.5.3 entitled design review subsection 2.5.3 thereof entitle administrative design review to extend the planning director's
authority to administrative review of eligible temporary surface parking lots by amending article 13 entitle historic preservation section 2.13.7 thereof entitled issuance of certificate of appropriateness Uh certificate to dig, certificate of appropriateness for demolition to expand
administrative review authority for temporary surface parking lots providing for codification repeal servability and effective date. This is a second reading public hearing. The item requires 57's vote is item R5A. >> Commissioner Fernandez, >> I move my item >> second.
>> Y just have one uh question. when you give a approval for this, is there a finite time frame or is it on a case-byase basis? And where I'm going with that is um I I personally think, you know, especially in some of our more
vibrant areas, uh surface parking lots are just the lowest uh use for that. And I get that it could be a necessary or beneficial temporary situation, but what I don't want to
encourage is just a 5year, 10 year, 15 year, 20 year covered land play in some of our uh critical areas where it takes away from walkability. It takes away from incentizing housing going in place
of that. So, while I'm fine with the administrative review, is this just uh a permanent approval or are there some sort of uh sunshine provisions? >> The uh the the code already sets, I believe chapter 5 already sets a 5year
period with a five up to another five-year renewal time. >> That's correct. And that's not changing. That remains the same. >> This is this is the the only thing that the ordinance touches because that's already set in a different part of of of the code. This only changes the the the
approval process for it. And I guess this isn't the right form to talk about this because this isn't the meat and potatoes of the issue. I just hate that if we're approving a surface parking lot that we're giving a covered land play for 10 years, right? Because you're
essentially taking away for the next 10 years incentive to do a highest and best use of that land. Um, but the meat and potatoes of this issue, uh, I have no issue with
>> and I'm happy to work with you on something if we we want to go back and and show, you know, on a temporary basis. We we may want to allow for parking. Um, this ordinance addresses the review process, but I'm happy to work with you. Okay. How long do we want
these approvals to be for? And I'm happy to work with you on a revision on that one. It is a public hearing as you know one in Zoom and as see no one in the audience requesting to speak. May I call the roll? >> Yes. >> Commissioner Mattel Selenus. >> Yes. >> Commissioner Bot. >> Yes. >> Commissioner Fernandez.
>> Yes. >> Vice Mayor Dominguez. >> Yes. >> Commissioner Magazine. >> Yes. >> Commissioner Suarez. >> Yes. >> Mayor Miner. >> Yes. >> Motion carries. The item is approved. That was item R5A. >> R5B. You >> said D as in dog. Mayor.
>> I'm sorry. B as in boy. >> As a boy. This is an ordinance of the mayor, city commission of the city beach, Florida, amending appendix A to the code of to the code of ordinances to change the advertisement fees for public notices required by section 2.2.3.5 of the resiliency code and providing for
repealers of ability clarification and effective date. This is a second reading public hearing. It is a item R5B. >> I move my second. >> I have a motion by Commissioner Suarez, seconded by Commissioner Fernandez. It is a public hearing. I see no one in
Zoom and no one in the audience requesting to speak. May I call the role? >> Yes. >> Vice Mayor Dominguez? >> Yes. >> Commissioner Suarez? >> Yes. >> Commissioner Mattel Selenas? >> Yes. >> Commissioner Fernandez? >> Yes. >> Commissioner Magazine? >> Yes. >> Commissioner Bach? >> Yes. >> Mayor Miner? >> Yes.
>> Item is approved. That was R5D. R5E R5E is an orders of the mayor and city commission of the city of Miami Beach for amending the code of the city of Miami Beach or part B entitled Miami Beach Resiliency Code by amending chapter 7 entitled zoning districts and regulations article 2 entitled district
regulations section 7.2.2 two entitle RS1, RS2, RS3, RS4 single family residential districts by modifying the twotory house standard specific to open space requirements for side elevations of single family homes and providing for qualification repeal servability and effective date. This is a second reading
public hearing. The item requires 57s vote. It is R5E. >> Um it's been a while since we did this. Can you just give a quick brief overview of this please? >> Sure. Um this particular item uh was approved at first reading by the city
commission on March 18th and it basically um simplifies and further fine-tunes the current regulations in single family districts that require a certain amount of additional open space
within twotory single family home volumes that have a depth that is greater than 60 ft in length. Um the planning board endorsed the item and there were no changes when the ordinance was approved to first reading. >> Okay. I move my item. Second.
>> Call the vote. Motion by Commissioner Suarez, seconded by Commissioner Fernandez. It is a public hearing. No one in Zoom. No one in the audience requesting to speak. Commissioner Magazine. >> Yes. >> Commissioner Suarez. >> Yes. >> Commissioner Bach, >> yes. >> Commissioner Fernandez, threw me off there. >> Mayor Dominguez,
>> yes. >> Commissioner Matelinz, >> yes. Yes. >> Motion carries. The item is approved. That was item R5E. >> I know I'm pushing my luck now, but let's see. R5F. R5F is a norance of the mayor and city commission of the city of Miami Beach
amending the code of the city of Miami Beach. So, part B entitled land development regulations by amending chapter one entitled general provisions article two entitled definition section 1.2.1 2.1 entitled general definitions to create a definition for bicycle ride share stations by amending chapter 5 entitled off streetet parking article
two entitled vehicle parking bicycle parking and off- streetet loading requirement section 5.2.14 2.14 entitled alternative parking incentives by modifying the alternative parking incentives to include a provision for bicycle ride share stations by amending chapter 7 entitled zoning districts and regulations. Article one entitled
general to all zoning districts. Section 7.11 entitled residential use incentive to include a provision requiring bicycle ride share stations by amending article 5 entitled supplementary district regulations. Section 7.5.3 entitled supplementary yard regulations by amending the allowable setback
encroachment to include bicycle ride share stations and providing for qualification repeater ability and effective date. This is a second reading public hearing. The item requires 57's vote. It is R5F. >> I move my item second. Co-sponsored by Commissioner Bot, sponsored by Commissioner Fernandez.
>> I'd like to co-sponsor as well. >> There we go. I have so it I have a motion by Commissioner Fernandez, seconded by Commissioner Suarez. It is a public hearing. I see no one in Zoom, no one in the audience. We will list Commissioner Dominguez as a co-sponsor. If no
discussion, Commissioner Bot, >> yes. >> Commissioner Baza, yes. Commissioner Fernandez, >> yes. >> Vice Mayor Dominguez, >> yes. >> Commissioner Suarez, >> yes. >> Commissioner Matel Selenas, >> yes. >> Commissioner Magazine, >> yes. >> Mayor Miner, >> yes. >> Motion carries. The item is approved.
That was item R5F. >> Okay. >> We're going to roll. Uh we're going to call one of Commissioner Bot's items, but um we actually have a working session during during lunch to discuss uh attorney client case. So I have to read a announcement.
>> She's here. >> Oh, so you know what? Let's call it quickly. R5 I >> R may regret calling this commissioner. Oh, I feel at all. >> R5 I is in the mayor, city commissioner of the city of Miami Beach, Florida, amending the code of the city, the code
of ordinances of the city of Miami Beach by amending appendix A to the city code entitle B schedule to include an automatic annual consumer price index adjustment for water impact fees and sewer impact fees imposed by city pursuant to sections 110-167
and 110-169 and providing for codification, repealer servability, and an effective date. This is a second reading public hearing. It is item R5. >> Um before anybody has a nervous breakdown, this is not the difficult one. This is the one that we all
approved unanimously last time. I believe nothing has changed. Is that right? >> That's correct. This is only a CPI increase to previously adopted impact fees. >> So with that, I'll move it. >> Second. >> Well done.
>> I have a motion by Commissioner Bot. I believe I heard Commissioner Fernandez second it. It is a public hearing. I see no one in Zoom. No one in the audience requesting to speak. Commissioner Suarez, >> yes. >> Commissioner Bot, >> yes. >> Commissioner Mattel Selenas, >> yes. >> Vice Mayor Dominguez, >> yes.
>> Commissioner Magazine, >> yes. >> Commissioner Fernandez, >> yes. >> Mayor Miner, >> yes. >> Motion carries. The item is approved. That was item R5. >> Okay, so now we're going to take our working lunch break. I I am required to read a notice into the record uh regarding our attorney client session.
Uh the attorney claim session shall commence and will be head will be held during the lunch recess of the city commission meeting in the city manager's large conference room regarding the following case. Penrod brothers Inc. versus the city of Miami Beach and Buché brothers. I'm also required to announce
the who will be in attendance. That will be me. Vice Mayor Laura Dominguez, Commissioner Commissioner Matteo Selenas, Commissioner Fernandez, Commissioner Bach, Commissioner Suarez, Commissioner Magazine, City Manager Eric Carpenter, Assistant City Manager Mark Taxis, City attorney Ricardo Depico,
Chief Deputy City Attorney Robert Rosenwald, Deputy City Attorney Henry Hunfeld and Attorney Eric Hoffman of Weiss Serota Healthman Cole and Beerman and Beerman. And with that we will break and resume with our sutnik time at 1:00. Thank you.
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about to begin. Remember to speak into the microphone as this meeting is being recorded for public record. Please stand by. We are going on air in 5 4 3 2 1.
>> First, second, third. Welcome back. Um, the city commission meeting is hereby reopened. The attorney client session announced at the uh that I announced before the lunch break has terminated. We went close to an hour and a half, which is why we're back later
than we anticipated, but obviously needed to get through that business. We'll open up the um Sutnik time uh now. Good afternoon everyone. If you wish to address the commission, please approach the podium, state your name, address, and you have two minutes.
>> Hi, my name is Brenda Jordan. I live 2316 Bay Drive. Um, and I'm here because Oh, happy Earth everyone. Today is Earth Day. And I realize this commission has a
lot of obligations, you know, to so many people to so many areas of the city. and you know the decision um as you know I'm an artist vendor and I'm always here uh to talk to you about
this situation. In every um interaction or relationship, there's two sides to a coin. And this program was set up with only one side and that was the city's side. And even again, we readjust the issues with
the artist vendor programs and the same action was taken. Only one side of the coin was heard before making decisions that critically affect other people's way of life. All of us want food on the table and to
be able to pay our bills, to feed our children. And the decision that was made caused a lot of people not to be able to do that, to maintain basic necessities. Now, I'm a beach resident and people say, "Well, why are you so worried about
it?" Because it's unfair. It's unjust. And we're all human beings. We're born equally. Whether we are artists, whether we're commissioner, whether we are millionaire, billionaire, we are born equal. So I just want fairness. I want
transparency. I want us to be able to sit at the table. When you're counseling a marriage, you bring both parties and you find out their issues and you try to mediate what is good not only for the city but the artist. So, I'm asking that
you stop and halt this latest um ordinance, grandfather the people in so that they can be allowed I didn't have two minutes yet. Um that they can be allowed to come
resume their work so that their needs can be basic needs can be met and then we go from there. You know, I just want fairness. Same thing you want for your family. these people want. And I know we're all human. We make mistakes. But
the greatest thing is when we come back to the table and you say, you know what, maybe I didn't get it right. Let's start over. But in the meantime, let those people be grandfathered in because it's still a mess. People are still selling crap. So anyway, thank you. And I
appreciate all your efforts to make this a viable program, but both parties have to sit down and mediate together. Not only the city's side, but our side needs to be represented. Thank you so much. I appreciate you. Happy Earth. Oh, yeah.
And the traffic in North Beach, a mess. It took me so long to get here this morning, but thank you. Hi, how you doing? My name is Janet Figarero. I'm one of the artist vendors in the city of Miami Beach. And I see
that you guys got a lot of work in your hands with the city itself. Um, we don't want to be a burden to you guys. So, I would appreciate if there's not that many of us already. Some of them are very old in age. They should be grandfathered in for the program and
they could continue doing their art until whatever God's life gives them. It's not going to be much. But um I'm one of the artists here and I'm a jewelry artist, but I'm also a fine
artist as well. I do all types of arts, tons of arts, and I can't do it all and bring it all here because carrying everything is not that much fun. Okay, so the heavier the things
become, the harder it is. We also have uh a limited space, which is a table or six feet and we not allowed to go over 24 in. So if you have paintings and drawings or anything of that nature, you
also got to all understand that we're dealing with the elements outside, rain, heat, and so for um working with art when you're a fine artist involves a lot of chemicals. So you have to be very careful what you bring here and what you
don't bring out here. the 24 inches. If you bring a canvas, it's g you're gonna have to be limited to what? 8 by10 because you're not going to be able >> to to put all of this stuff >> coalition. >> So,
also what she wanted to say is that the coalition that was started, we all have different views. That work projection that >> the young man had is because he wasn't here from the beginning. He doesn't know that before we were regulated, people
would set their table up at 6:00, come back at 9:00. We don't need that chaos. >> So much confusion. And I expressed that to him. So it doesn't completely go with all of our views. >> Okay. >> Yes. >> The best the best thing I think is only a very small group of people left in the
program if they could get grandfather in. Of course, as a multiple artist, a person that could do more than one art, I could always bring some other pieces and show in my table as well, but my passion is also my jewelry because I'm I've been doing it for a long time. So,
I understand that you want beautiful tables and things like that, but the limitation in space when you do a display, you have to be very careful because I already had an incident when they told me that it was too tall. So you have to you have to understand that
there are certain things that you could bring here and there are certain things that you cannot do here. If there's a high wind and you have your your stand is too high, hit somebody. So we're trying to keep it as short and and simple as possible. So, if you could
grandfather us in for the ones that we already been here so long, I will appreciate it and we could continue with the program with the new ordinance and so far and try to work together to make it happen. >> Okay. Thank you. >> Thank you.
>> Um, good afternoon, mayor and commissioners. You know, we have a Andre Aion on 1000 South Point Drive. We have a major um issue with 395 traffic going east and westbound, especially after 4:00 heading westbound onto the city of Miami. And it's only going to get worse
between BH3 and Terror Group, which are building four high-rise towers on Watson Island. Um possibly over a thousand units plus hotel, retail, and condos. The traffic is just going to be extremely worse. and the county and the
state has only implemented a one-lane exit onto Biscane Boulevard. And that was the original onelane exit that we've had over the past 40 years on that exit ramp. And it is going to be a nightmare if the state does not use the power of
eminent domain to be able to buy out some of the land right adjacent to it to be able to expand that lane and make it a two-lane exit. Once that development is built, we're not going to have the power to be able to do that. I think the city of Miami Beach should do some type of an urging to um sort of request
together with the county and the city to the state to use their power of eminent domain and be able to get more land to be able to do another lane exit onto Biscane Boulevard, not counting the approximate 10,000 condos that are being built in four square blocks right off of
that exit. So, something needs to be done and if we don't start getting at to this now, we're not going to have control to do it. The second thing I just wanted to mention real quick is I heard the parking director talking about Palm Island parking together with all the other islands specifically only in Palm Island. That island had had
curbside parking for the past 60 years. I grew up there and when the city redesigned Palm Island, they did the median wide wide too wide that it didn't have legal space for a parking space and a firetruck to go through. That's why
there's no parking there. So, right after the design was done, the city basically put no parking signs every 50 feet throughout the whole entire island, making it impossible for anybody to be able to park if they were a visitor or a house that does not have a driveway or the new houses who are on 6,000 ft only
have twocar parkings in their driveway because the lots are small. So, they have nowhere else to park. So, I just want to make sure that you guys know that that specifically in Palm Island, it could have been fixed to have legal parking if the design would have been done appropriately to fit a car and also
um a firet truck go through. Thank you very much, >> Andre. Thank you. I wanted to address the first issue you raised about the MacArthur Causeways. So, um, one of the issues is the, um, the westbound traffic, uh, early afternoon starting. I've gotten caught in it, too. It's
severe. >> And one of the issues that's been identified is the port, the trucks coming out of the the port. >> And, um, so far we, uh, so, uh, I've I'm working with the South of Fifth Neighbor Association, Palm Habiscus, and Star Islands. >> Um, we're trying to get everyone to the
table. It looks like we're going to do that soon. Get the port, the state, the county, Miami Beach. um residents and uh try to work something out. Right now, we haven't been able to get anybody to budge um which is >> it's hard. I'll tell you that the second issue >> there are certain union regulations
which is also uh but >> I'll tell you the second issue is that the arena forces every car that's parked inside of that arena to take the port of Miami to get out of the arena. So, they go up the Port of Miami bridge, loop out to that causeway, and force everybody to
get down on that ramp or go up the expressway as well. The city should allow people that are going either onto the beach or heading south when they're leaving the garage of of the arena not to force them to go into the port and go in through that exit as well, which
causes another bottleneck. But again, for 40 years, there's been one lane exit. You can't redo that bridge and leave it as one lane when you have all this new development happening around it. So, if the state doesn't use that power, we don't force them to do so, we're going to get stuck.
>> Thank you. Is there anyone else who wishes to speak? Seeing none, we're going to go to Zoom. First caller is Omar. Omar, state your name, address, and you have two minutes. >> Good afternoon, Omar Himenez, uh, North
Beach. Uh so this was mentioned a little earlier about the North Beach parking, but um when the city first introduced the residential parking pilot zone number 26 in North Beach, Parkview residents contacted the city about Parkview Island and how that how how
that would affect um island residents, this new zone would affect us. And we asked you to consider the impacts on on granting street parking permits to the largest condo building on the island and and how that would affect us all. It's a 240 unit building and as we heard
earlier, the city only has 125 parking spaces on Park View Island, but over 450 permits were granted to Park View Island residents. And this has really been working against our community for the past year. We're having huge difficulties with parking as a result.
and we're in the worst position now uh rather than you know having alleviated the issues previous to uh zone 26 being uh created. So there's an easy fix. We're asking the city to temporarily convert the small paid surface lot
outside Parkview Island into a residential zoned lot to relieve the issues until this is resolved. Thank you. >> Thank you. No one else is on Zoom and I see no one else in the audience requesting to speak. Mayor the Sutnik
can conclude >> Steve Mayor's over. >> Let's call um R Thank you everyone who spoke. Um I I there's a couple of uh priority items. I'm going try to get to them uh quickly. R5Z
One second. R5Z is an ordinance to the mayor and city commissioner of city of Miami Beach, Florida, amending chapter 66 of the code of the city of the city entitled marine structures, facilities, and vessels by amending article two entitle restricted wake zones by amending section 66-43 entitled
restricted areas to establish a designated public swim area and corresponding motorized vessel exclusion zone in the water surrounding Flaggler Memorial Island, also known as Monument Island, pursuant to section 327.46 46 of the Florida statute and further authorizing the city manager to
undertake and execute the necessary applications in coordination with the various agencies of Amid County, the state of Florida and the United States government in order to affectuate the establishment of the designated public swim area and corresponding motorized vessel exclusion zone and providing for repeal of ability and effective date.
This is a second reading public hearing is item R5Z. >> Thank you and uh happy to sponsor this. Thank you, Commissioner Ma Selenus, for co-sponsoring. I'll tee it up. I just want to give the big overview that this had been an issue our residents had raised about Monument Island and the noise coming from there and the
cleanliness. Um, so this uh I'm I'm I'm really um happy with this item, but in the bigger picture, I'm really so happy with what this commission has accomplished to clean up our waterways in a big way. some of it clean up literally with environmental issues and all our volunteer organizations, but whether it's the charter boats in the
marina that we've been uh we've been able to crack down, whether it's the derelik boats and thank you commissioner Suarez for taking the lead on that. Uh it's night and day. I took a marine patrol tour a couple of weeks ago. I mean, we used to see 180 boats I think we had out there where they're not there anymore. Um they're gone. So, it's this
has been a big win for um for our our our residents. So, and and we increase the hours of marine patrol, the service. Um, so we're doing we're doing a lot and um and doesn't often get talked about, but it's uh it's integral. But I'll turn it over to you. This is the second
reading. Can you give us just a quick reminder of of this item? >> Of course. Good afternoon, mayor, commissioners. Happy Earth first and foremost. Thanks. Um, as you mentioned, I did a very thorough background on this item for first reading, but essentially like you mentioned, what this is doing is it's allowing us to move forward in
the permitting process to create to create a swim only zone approximately 150 ft from the shoreline of Monument Island to create a much safer environment for recreators that wish to utilize the island, visit our historic monument without the fear of getting
unfortunately run over by a boat. >> I'll move the item. Got a motion in a second. >> Yes, sir. It is a public hearing. I see no one on Zoom. No one in the audience requesting to speak. I have a motion by Commissioner Monica Mattel Selenas, seconded by Commissioner Fernandez. Commissioner Mattel Selenas,
>> yes. >> Commissioner Magazine, >> yes. >> Commissioner Bot. >> Commissioner Bot, >> I'm sorry. Yes. >> Vice Mayor Dominguez. >> Yes. >> Commissioner Fernandez, >> yes. >> Commissioner Suarez, >> yes. >> Mayor Miner, >> yes. >> Motion carries. The item is approved.
That was item R5Z. >> R5 AE. >> R5 AE is an art of the mayor, city commissioner of city of Miami Beach, Florida, amending the resiliency code of the city of Miami Beach by amending chapter 7 entitled zoning districts and regulations by amending article 3 entitled overlay districts section
7.3.10 10 entitled North Beach Commercial Character Overlay District to modify requirements for tobacco and vape dealers by amending article 5 entitled supplementary district regulations. Section 7.5 entitled specialized use regulations to modify the minimum distance separation requirements for tobacco and vape dealers in North Beach
and provided codification repeal servability and effective date. This is a first reading public hearing. The item requires 57 vote. It is item R5 AE. >> Commissioner Dominguez. >> Thank you. Uh so this item um Mr.
Muhammad Islam had purchased uh a property what was unaware of the overlay. His he and his family have u many properties throughout Miami Beach and the overlay would prevent him from selling certain uses and we had a robust
discussion during the um public safety committee. Um, and I think that everyone was in agreement that if you sunset the use, um, we could look at
granting this. Uh, Tom, hi. Uh just to clarify a couple things, commissioner, this was uh discussed land use in March and the land use committee sent it back to the city commission with no recommendation, but did suggest that if
it was to move forward that the narrow exception that was drafted only be applicable for three years. So, the ordinance, the draft ordinance for consideration at first reading was revised and does contain that three-year sunset provision. >> So, I would like to move the item with
that provision. >> Second. >> It is a public hearing. Uh, Mr. Muhammad, are you going to speak? >> Yeah. Good afternoon, Commissioner, mayor, and the city officials. Uh, today I came here. Thanks to everybody. It is
exceptional because uh the I have a business actually cannot be survived. You know this the main product of the business is the cigarette, tobacco and alcohol but tobacco is restricted and some certain rules. Uh it is restricted
by uh by city law. So it is a very harmful for the business you know business small business they are they are they are surviving with the with this uh main product tobacco and uh
alcohol. Anyway uh I request to our commission our planning division everybody to help us to be at least silent tobacco then we can survive. So in these circumstances I request to our commissioner uh
commissions and uh official to help us to be uh to to approve this to at least legalize. So I heard that last land uses board they approved for 3 years. This is good enough. So we can be proceed on you
know. >> Mr. Mayor >> I have a question. I get complaints about vape shops. I I do. We even had legislation a couple years ago to prohibit it. I I just >> it's not a vape shop
allows vaping products to be sold >> and because the people above just north of him and people south of him sell it already. So it's um allowing a use that other businesses have already. >> Commissioner Bot. >> So what I want to be clear about is that
there is a distance separation for vape shops. There is a movement to get to reduce the the proliferation of vape and tobacco shops and this is not a permanent solution. This is I want to be really clear about this for you and for
anybody listening because I think a lot of us have had um people reaching out to us. I know I've had very mixed feelings about this. In this very unique instance, it would have been very difficult for a person to buy this
building or this business without and not get the full extent of the legalities because the basic cursory review and Tom you can explain this better than I can would have suggested that if you're doing it on either side, you can do it yourself. And it it was a
very opaque situation without your realtor doing some real due diligence. Um it it's understandable how this fell into being. What I want to be clear on again for you and your business partners um and the neighbors who are very
distressed about this is this is not a solution. This is a an exit ramp so that you can either figure out a different business model or sell the business. And three years is a lot longer than some of us would have liked to have given. So
please use it wisely. I hope you're out sooner than that and you make a lot of money on selling your business and somebody else brings in something that's wonderful and a different use. But Tom, if you want to explain that just a little bit. >> Yeah. Um sorry, this particular exception is um
specific to convenience stores. So this exception would not apply to a standalone smoke shop or vape shop, vape shop. More importantly, the exception would allow no more than 5% of the floor area of the convenience store to contain
these products. So it's a very limited component that would be part of the exception. Um with regard to the um previous use on the site, um if the previous owner did not disclose any
existing overlays, um that's something that the property owner may not have been aware of. I'll if I may, >> Commissioner Fernandez, >> this is this is such such a challenge
because we want to help small locallyowned businesses succeed. By the same token, what is the precedent that we're setting? I'll tell you a couple of weeks ago I had a business owner come to my office. A business owner who
owns a similar type of establishments on Collins Avenue in the 30s. You know, an elderly person can barely speak English bought this building. The establishment next door can sell can
sell cigarette products. um his business can't. What do I do then? I'm saying yes to one and then no to the other. Are we going to be fair and we're going to start allowing these type of exceptions
for for for everyone that comes forward in our city? And that's the challenge that I that that I have here because to me what I see here I see here a civil issue where the proper disclosures were not made to someone who bought a
business and who bought a business under a set of understanding that you know something was not disclosed to them. Um but I sponsored this legislation. I sponsored this legislation because this was the direction that the community
wanted to go in. And I feel bad. I feel bad because now we have, you know, um a a business owner that didn't get the proper disclosures uh from from from a seller. I mean, to me, that seems like a Isn't that a civil issue, Mr. Attorney?
>> And what remedies could they >> Yeah, I mean, there are certain disclosures in residential sales specifically. I don't know that in a commercial sale a seller has the same level of of uh disclosure required. It would have been incumbent on the buyer
to do the the research. But as Tom mentioned, this may have been something that is a little bit opaque and may not have been easily discernable by the buyer. >> Mr. Mayor, >> Commissioner Suarez, >> this um this came before land use and um
I was also kind of torn because I understand we are setting a precedent if we do this, but you know that's why I I originally had the idea to help this item move forward where look you know we
understand that you know who do we believe is is it the realtor as it fall is it the landlord board as the business owner. But at the end of the day, I I don't think we're going to be
I don't think we're setting a precedent where we're going to allow vape shops to move forward. I think what we're what we're signaling is, you know, we understand there is an issue. We don't know who's at fault, but like Commissioner Bot said, we're giving
we're giving a grace period, if you will, for this business to adapt and move on. Um, and look, you know, I I I it's it's tough because, you know,
we're if it if this was, by the way, standalone vape shop, I would be completely against it. But I think they're just selling minuscule vape products in the counter even though like both neighbors are doing that. But I think we're telling them that hey look
you got three years to move away from this sort of business model and adapt or sell. So I think it I think it carefully gives everyone what they want. We're going to have we're going to have enforcement in three
years. It's just that pro that particular property is not going to be able to to sell those products after 3 years. And you know, we're we're essentially calling balls and strikes on who, you know, who could have been at fault
for u not relaying this information. So, you know, I think it's I think it's an easy compromise. We flushed this out at land use and, you know, I don't I'm ready to just call a vote on this and see where we land. I'm just >> I just going to just put out there, you
know, we have the same issue with other businesses in our community. This is not the only business in our community that has this issue. All right. There's uh there there are stores
on Collins Avenue in the 40s that have been coming to my office. I think they've been going to you as well. I think what is it called? Primos, I think it's called. exact same issue of distance separation. The neighbor is allowed to engage in the activity. They
are not a new buyer as well. >> I believe so. And and now and now how do I vote for this and tell the other person on Collins Avenue that I'm not going to support
them? And then when we do that, it's going to open the door in the entertainment district. It's going to open the door in Alton Road and all the other areas where we have a distance separation. It almost happened on on on Alton Road. Remember I love I think it was I love liquor.
>> Yes, >> I love liquor. It was the same exact situation. I love liquor. And in fact, I think we ended up not doing it because we did not want to set the precedent. And you know, and it it's heartbreaking
because I love Muhammad. Muhammad is a is is a friend and I want to and I want to help Muhammad. I want to help his business, but I also need to help the vision and the direction that we're taking our city in. And how do I say yes to Muhammad
and not to the other people who are coming here that they're coming to my office because they can barely speak English and they're coming to me crying, asking for help. What do I tell them then? >> But commissioner, it is this sort of different where Muhammad's situation
this I I think he moved in as soon as the legislation passed. I I think this might have just been slightly different in that situation. I think the situations you're describing are more these people want a to have it permanently
or they have been there for a longer period of time. I mean, Tom, may maybe you can just give us the quick overview of where we are today and how we got here. >> So, the the legislation that regulates tobacco and vape was adopted in 2017. It
was initially an effort by a former commissioner to regulate tobacco and vape stores along 41st Street because of their proximity to a couple of schools. And then um the legislation became more expansive to include distance
separations for all retail sales of tobacco and vape citywide and that went into effect sometime around 2018. So our our current regulations have been in place since 2018. Apparently Mr. Islam
um when he acquired the rights to this particular property was under the assumption that he could sell tobacco and vape. he was not able to because it did not meet the current distance separation requirements. That's why he requested this relief. The relief that
was drafted is very limited. It's specific to convenience stores only and it can be no more than 5% of the floor area. And now there is a sunset provision within this exception area where uh somebody who may take advantage of it would have to cease these sales no
later than 3 years from adoption. was the reason for Mr. Islam not knowing because of how tight the time turnaround was. This ordinance just passed and then he bought his property. I don't know the
specifics of when he acquired the property, but the distance separation requirements have been in place since 2018. So, I don't know when he actually acquired the rights to it. Um, but the regulations have been in place for some time. But Commissioner Fernandez said he
this was your ordinance. >> We did an expansion in North Beach. Didn't we do um >> The expansion in North Beach was actually to prohibit, >> right? >> Um these uses, >> right? >> But because of SB 180, >> it got repealed. >> It didn't get repealed, but we can't
enforce that provision within the North Beach overlay >> to prohibit it. We >> because I think north of 63rd Street, what we did was uniform policy prohibiting these types of business uses >> and we amended that section of the code
in an abundance of caution, but that particular section would not be applicable because of SP 180, but the other provision which was adopted in 2018 would be. So either way, he wouldn't meet the current distance separation requirements that are in place.
>> I have a question. Um, so the other businesses who are coming to Commissioner Fernandez, I mean, it's I I hear what you're saying. The problem with this business was that nobody knew that this overlay existed
prohibiting this use. Is that the same circumstance for the other businesses or they are do like Can you give us a little more context? >> I mean, I don't I don't have the the information in front of me. Tommy, you've been >> I did meet with a with a gentleman um
who um >> operates Yabra Primo. Um he has an existing I believe convenience store within 4332 Collins that does not meet the 1200 ft distance separation similar to Mr.
Islam. those regulations have been in place since 2018 and I had to explain to him that there's because there's a no variance provision that um there was really no other option. So, >> but did he own his business prior to 2018?
>> That I don't know. I don't I don't know when he um acquired that particular tenant space. I don't think that he owns the space. I think he's just a tenant. Um >> right. But I mean, so that is the issue then. If all these people are getting caught up because somehow we have a an
overlay that prohibits them from doing something that seems like it is it would be a normal use and there's no way they can find out about it. I I that's a bigger issue. I mean it's it's not necessarily the city's job to reach out
to um prospective buyers or tenants. Um, but there has to be a a mechanism for people to get the information they need when they're going to rent or buy a property to understand what the what the uses are. I mean, we've we've seen other
issues similar to this. Not exactly, but you know, where people um lease a space that used to be a a bakery and now they want to do a yoga studio and it's this really crazy ownorous thing to change the uses because of the way our land use
laws are. It's not analogous, but it's not wildly different the fundamental issue. So, how do we address that? And you know, I don't I don't mean to call this other person out, you know, and we don't know what the exact specifics are, but I I understand what the concern is because there are going to be a number
of non-conforming uses. And I remember sitting on the planning board when I forget the guy's name, but he must have come I don't know Alex or Joe if you guys were on the on the board at the time. Um he came for like three or four months straight. Um, and I'm sure you remember Tom like he was having a conion about how are you supposed to run a city
where on the same block you got six people doing six versions of the same thing but none of them can do it the same way and this is now borne out. So what do we do? That's sort of the nature of creating non-conforming uses when you
It's difficult to do this now under SP 180, but previously when the commission created first the art deco overlay, then expanded to to North Beach, the purpose was to allow existing businesses to stay and remain, but down the line there
would be no new businesses, >> right? Um that's just the nature of um establishing non-conforming businesses. Existing non-conforming businesses can remain, but new ones can't open up. To the extent that you want to take a look
at non-conforming businesses and provide more limited relief, you can certainly do that as amendments to the LDRs. No, I think the issue is that um if somebody's coming in to lease a space or buy a property, there needs to be a really
clear way for them to know what they can do there. You know, like if Muhammad um don't take offense at this, it's not a great example, but if you wanted to open up a strip club there, that is not a that is not a a permissible use. And
somebody would have said when you went to get your BTR, "Sorry, you can't do that." Right? like something that egregious would be known because it's egregious. But this is this is such a degree of nuance. Is it upon whose
shoulders is it incumbent to make this knowledge known to the people who are going to be investing their dollars to create a business? Is it the city's responsibility? Is it the leasing agent? Is the real estate? Should it be posted, you know, in a in a
directory or on the sign um saying these are the permitted um uses for this space? I I don't know. And that's what I'm asking because it's I don't think these are going to be the only two issues given that we have already created these non-conforming uses. I think this will continue to be
>> uh a a thing that we have to wrestle with in various iterations. We receive a lot of quests, a lot of requests for what is known as a zoning verification letter where either a prospective buyer, a prospective tenant has very specific
questions about what they can and can't do with their property before they enter into a lease, before they enter into a contract to purchase it. Um, and then they will sometimes email us and say, "Is issues permitted?" We can take a quick look and say, "This use is
currently not permitted." And then they would say, well, how do I get that official request a zoning verification letter? I sign an official letter on city stationary that says this is what you can and can't do. And oftentimes people will do that for their own protection because they don't trust what
the current property owner is saying or what a leasing agent might be saying or because their financial institution is demanding that they um receive verification that what they're proposing to do is is currently allowed. And so
most people will reach out and do their due diligence. Um ultimately it does fall under the responsibility of the prospective tenant or the prospective future buyer of their property to understand what they can and can't do within a property.
>> So it's really caveat mtor is what you're saying. >> Yeah. And that's where I'm having issues, right? I I think we're all sympathetic because Muhammad is such a pillar of our community, right? He's a good and honest man. He's an honest broker, a family man. But for this here,
tell me if I'm wrong, there was no um no act by the city that caused this not to be known. It would be akin to somebody buying a uh bar on West Avenue
or in Sunset Harbor and saying, "I I thought I was allowed to operate until 5:00 a.m. even though we changed the alcohol hours several years ago." And we would say, "Well, you know what? You're a good guy, so we'll let you go till 5:00 a.m., right? We have laws or we
don't." And absent you telling me it was a fault of the city, something that we did or there was something with timing, I'm I'm really hardressed to see that allowance. >> There's certainly nothing that I'm aware
of where the >> Oh my goodness. >> What is all coffee uh >> Good time for you. You wanted to speak. We got Commissioner Matelus. >> What happened? Oh my god. You know, Muhammad is not a new business
owner and he's worked in our city for decades and the fact that he didn't have this information is what's given me a hard time. We moved the item and there's a second. It does need five votes, but this is really important for Muhammad, his family, and I'd really like to see
support here. >> Commissioner Matteo Selenus, >> I'm just going to say that um this I was on the fence about this, too. Muhammad, I do like you and respect you. I am going to support this today for two reasons. Number one, because it does
sunset after three years. So, um, you know, you you know, I'm not a fan of vapes. So, I I like the fact that it's going to sunset and end in 3 years. And then number two, it's only 5% of the business. Is that right, Tom? Or what was that? >> It's limited to convenience stores only
and no more than 5% of the floor area. >> Of the floor area. >> Yeah. So that's something that's on the cash register a small little >> can I talk once one minute regular concept of the convenience store or a small business there's two things they
say license name is 2 APS that means tobacco alcohol both of the same the from the state but only distance barrier city of Miami Beach have some uh issue that's why we are suffering So as long
as we pay to the city, we have a uh what is called um city license, we have everything. So distance barriers is a is is not a harmful. It's not a but anyway I mean I'm just still agree with the 3
years permission at least we can sell something and then shut down. Let me ask >> and then wait I just want to finish. And so and so because of those two provisions, the the limit of three years, the sunset provision as well as the 5% of floor space. I would
>> I'm going to support this today and I would also be interested in hearing about something about that other business if they keep to those same restrictions because it really is such a small piece and it and it helps them but also it's it's kind of a happy medium compromise. Thank you.
>> And Commissioner Fernandez. And so that's that's what I want to ask is zoning establishes, you know, a level playing field and but then we're coming here and we're making an exception um for one establishment over the other.
>> Thank you. >> So >> wouldn't it be what happened? >> He said thanks. >> I don't think that's where you're not clear about that. It's a temporary exception. >> But so in a situation like that, I want to ask
our chief deputy city attorney Nick Kurches. >> So what I want is I want there to be parody. Muhammad is here because you Muhammad knows us. We know him. We're and we know he's a he's he's he's a good neighbor.
He's a good business owner and he cares about North Beach. And we know that he is not going to abuse us in any way. But not everyone has that benefit. Not everyone has that access to us where we where we're going to feel comfortable
advancing legislation if they were to find themselves in in the same scenario. And so, you know, could we establish a framework where if someone is interested in doing something like this, they could seek a variance
from the board of adjustments, amend the code in that way. So that so it goes to the board of of adjustment. It has a public hearing. It's publicly noticed. The community can participate. The community has an opportunity to to weigh
in. And everyone that is in the same situation, then can apply for a variance and is considered on a case-bycase basis as as opposed saying, "Well, we like Muhammad, so we're going to sponsor legislation for Muhammad." Uh but
everyone else who may find them I mean we had this issue a few years ago I love liquors on Alton Road same exact situation they weren't able to apply for a variance but now we're coming here to this establishment and because we know
Muhammad we're doing the legislation but yet I had Renee and Flor that came to my office with a similar situation and I'm like being a stickler here uh because you know I'm trying to protect the code and saying, you know, I'm sorry, we
can't do this. So, so if we're going to do this, I just want to create a fair and even playing field where everyone that finds themselves in this situation can be considered, but based on objective criteria, based on public hearings, and giving an opportunity for
the surrounding neighbors that if they have concerns that they find out and they be able to be notified and participate here, is there a way that we could do that? Yes, Commissioner. The the existing ordinance prohibits variances from the
minimum distance separation requirement and um I think it would be within the scope of what was noticed if you wanted to strike that uh line four at the bottom of page 1119 of your books which says variances from the requirements of
this section uh shall be prohibited. So you could strike that and then that would essentially allow an applicant to seek a variance from the board of adjustment. Now they would have to meet uh the board would have to find that they meet the the hardship standard for the granting of a variance. Um but they
would be eligible to apply. >> No, but my my my issue is that this here speaks specifically to section 7.3.10 which is North Beach Commercial Overlay. But this is an issue that is that that
is going on for example in the in the in the Art Deco South Beach myo overlay uh district and it's going on with with other distance separations for example on the on Alton Road and in and in other areas. So I mean we can change it here
would only apply to 7.3.10 but it wouldn't apply to the other ones. 7.5.9 is the specialized use >> not to toss around my knowledge of the code in the north which we also under
separate ordinance include but because of we can't apply anyway so the only thing about >> commissioner the only thing I think as Nick said um under section two which is
7.5 5.5.9 under specialized use regulations. While you could strike the no variance provision, the only caution I would add is that that is applicable to all distance separation requirements,
including the minimum distance separation requirement from schools. And that was the chief reason a no variance provision was put in there was so that people could not apply for a no var could not apply for a variance from min minimum distance separation from
schools. Mr. Islam does not have an issue with the distance separation from schools. Um but he does have a distance separation from other retail sales of tobacco. They could amend. >> Is there a way that we could amend it in
in a way that it wouldn't apply >> to school distance se separations? >> Yes, we could amend that section 4. Um, so that variances are only prohibited from
uh between a tobacco and vape dealer and a and a school. And then that would allow an applicant to seek a variance from the distance separation between existing tobacco and vape dealers. That that's the only way I I can support this because I really
don't like this ordinance, but I've been saying no to people. No, no, no, no. And then now we're going to allow this. Well, then well then, you know, then then why am why am I saying no to to to everyone else, you know? So,
I just want to make sure then if we're going to move forward and and and allow something for for for one individual, we give an equal opportunity for whoever who's in this situation, but they have to show their hardship. They have to show their hardship. It has
to go to the BOA. We're not the ones that are making a decision here based on politics on who we like or who we don't like. They have to show their hardship. There has to be a mailed notice. There has to be a public hearing at the BOA and have them make that that determination.
>> Is your amendment to um pass this today and then amend it so that future people can apply through the board of adjustment. And just for the record, I go to bat for everybody that comes to my office. So, and I know that we all do uh cuz everyone's important. So, it's not
that I like Muhammad, I don't like Muhammad. >> I'm not saying you, I'm saying me. I've been I've been I've been trying to be a stickler to the code when with these things in part because I feel very strongly about it. Um you know >> so can we make that amendment um if we
vote for this and then future ones can also apply for consideration through the BOA. Not also. Maybe >> not also. But like what you're suggesting, Commissioner Ding, if I understand, is today we go forward as planned and prospectively any further
future issues like this get handled in a different The only the only thing I would caution the commission on is that the ordinance before you has a has a three-year sunset, but if an applicant can seek a variance from the board of adjustment, there's no there would be no sunset.
>> No, no, no. Wait, but wait, wait. >> I don't like that. >> Um, it would still the the process would still be within the three-ear sunset. So, any anybody who's got this issue now has three years to figure this out. Whether they go get a variance or
they sell their business or whatever, we are saying this is a thing and you've got three years to figure it out. And then the corollary which would be a separate item that we would bring um because it's a bigger conversation is how do we educate how do we make it known at what point
when somebody comes in to get information about a property before they put their life savings down on a property. Do they get informed about what's permissible so we don't have this again? I mean this is this is not okay. we're supposed to be um welcoming new
businesses in. And sometimes you go into business because you're passionate about widgets, but you're not a land use attorney and you don't know about zoning laws. And so, you know, it's not our job to babysit everyone, but also it's not our job to, you know, sit on our hands
saying, "Well, too bad for you because we have a wildly complicated set of overlays and zoning." And so, let's figure out a way to do this for the next three years. have a grace period for everybody who's here in the situation now and also in that same time frame and
sooner rather than later. Um figure out a way that this doesn't happen to anybody else going forward. >> So let let me ask the planning board voted against the 70. >> The city administration the city administration is against this. >> Correct.
>> What's I'm I'm just I'm grappling other than everyone likes Muhammad. I'm I'm grappling with the rationale. I mean, we especially since we've we've made the effort to I know maybe it's not a vape shop, but obviously there's a significance to it. We wouldn't be
having this conversation if there wasn't a significant monetary value to this, but it's also something that we're trying to dissuade from our from our communities. We want to elevate and uh vaping doesn't do it.
I think with the sunset provision, it's taking us where we need to be. We did that with the hookas on uh Lincoln Road. Um other commissions ago, uh Mayor, you were probably on that commission. I will also mention that >> Yeah, I think I voted against
>> two of the three businesses did go out of business. Um but that's not here or there. This is about protecting a small business with a tiny percent of uh their business model being in this
realm. And um it's not forever. It's for a small amount of time. And uh I think it's important that we show up to the business community. >> Well, let me ask you this, Tom. There's I saw a business in a different part of the city that advertised on its store
sell we sell vape and tobacco products. Could that theoretically happen here too? >> He would not be able to have signage that says vape or tobacco underneath this. Um, his would basically be the ability in a very limited capacity to sell it as part of a larger convenience
store, but he wouldn't be able to have signage that advertised tobacco. A lot of those, unfortunately, are illegal anyway. >> Wait, hang on, hang on. A lot of those are illegal anyway. those stores are
illegal or the signage. >> Okay, so we had spent all morning talking about enforcement. So if we know that we have a whole bunch of stores who are selling a product that we are trying to not encourage, it's not illegal for them to sell it, but the
signage is illegal >> in some cases. >> Okay, Hernand, can we do a sweep? I don't want to I don't mean to put you on the hot spot, but why are why is that allowed if we know it's illegal? Like, let's do a a block byblock sweep and at
least like we can't tell people what not to sell or what to sell given the laws, but if we have laws saying you can't put that sign in your window, enforce the law, that that helps already. That changes the character of what that retail space looks like. Why are we not
doing that? I'm sorry. I don't mean to like go off on a tan. You know, it's that kind of day. I'm not the first, not the last kind of >> There are a number of times that we will reach out to code about this, >> but but I'm not saying we reach out to code. Why couldn't we? And I know Mark
Taxis has um uh neighborhood area managers, right? So, as and we talked about this a couple weeks ago, and what are we doing with the area neighborhood managers? Um we are I've asked for a blockby-block sweep at least once a quarter. And so that should be a
no-brainer, like anytime somebody sees it, not to be called in, but because residents don't know what what signage is legal on a on a store, but our code folks do what our area managers do. Like, why aren't we just pro
prospectively going through every storefront and and doing what's right? >> Hey, Commissioner Hernandino for code compliance. And yes, we are. I'll uh I'll get you some of that information. But uh we do do it proactively and complaint driven.
>> But but are we doing it proactively in a block byblock grid pattern like just going through every single store until we hit all of them and then we start again the next year? >> We do it on all three districts. Yes. >> And and it's a grid pattern. So in theory by the end of the year there
should be no illegal advertising. >> In theory. >> In theory. >> Okay. And and when a new business opens, let's say a new convenience store opens and they're not allowed to have vape ads on their doors, what information do we
give them? Because the the retailers deal with the salespeople and RJR and and you know, all all the vape companies and whoever else is out there these days, they are coming in and saying, "Hey, if you buy 10 packs of X, I'll give you a window display and a neon sign." They don't know. To them, they're
getting free stuff that helps their sales. And as a small business owner, that's a no-brainer. But if you are being told, yeah, you accept that and put it out, you will get fined, you will get, you know, you might lose your business tax receipt, um your your BTR, you might all these punitive things
might happen. But they have no way of knowing that because all they're hearing is from the sales guys saying, "Listen, buy a case and we'll get your neon sign." >> Right? And especially for new businesses, I can show you examples where uh we'll do educational outreach. our code officer will go by and we'll leave uh planning department has a sign
guidelines pamphlet that they created and that's what we give to our business owners. >> Do we give it to the business owners or whoever is sitting behind the cash register that day because that's the issue. >> I'd have to go back and look. >> What's that? >> I'd have to go back and look what >> No, but No, no, I'm not I'm not trying
to I'm not playing game couch. Like are we mailing it to the person who is signing the lease, the business owner who might have a vested interest versus the hourly worker who's there after school and it's just like I you know throw it in the trash because that's that's a different way of communicating. And I'm not saying you're doing
something wrong. I'm just saying have we thought about this philosophically about how to reach there? and you know with Steven and Heather and their economic development um um shop and trying to get new businesses open like do we have sort of a a a dos and don'ts of what what
people can do when they're opening their business and what they need to check before they sign the lease. I'm hearing crickets. I can tell you that from uh a zoning standpoint, um when people come in for a permit, we advise people what signage is
required, what their limitations are. And in my experience, telling both the business owner and the property owner is the best way of ensuring continuity because often times the clerks, the hour employees, the turnover is so high. >> Correct. They'll get the message,
>> but by the time they're coming to you for a permit, they've already signed a lease or bought the property, right? In some cases, some cases they don't, but even if they have, signage is signage. So regardless of whether you're a gourmet coffee shop or you're a
convenience store, the signage regulations are the same. >> No, no. My point is that that's correct. The signage is the signage. But if if they are investigating like, does this make sense for me because I want to do X and I learned that I can't do X. um
we've got some people who've already committed to the the real estate and some people are just getting informed. So if you've committed to the real estate and find out after the fact that oh crap, nobody told me that um I can't do what I want to do here and now they're stuck. And that's where you get these stories of people who, you know, I
wanted to do X, but the city told me I couldn't. And that that is exactly the narrative we're trying to fix. >> I I I think my tobacco analogy is pretty good. is isn't well I'm sorry uh the alcohol analogy the hours of operation >> is pretty good right at some point yes
we have a complicated code and we've worked on reducing the complexity of it but the code is the code right Tom and Nick if this would go to the board of adjustment or special magistrate in your opinion how would they rule >> they would look at each application
uh fairly but the person requesting the variance would have to establish a hardship? Why is their particular entity have why does their particular entity have a hardship and why do they need relief from the distance separation requirements?
>> But is a hardship a reason why it gets granted? Yes. Right. If I would just say, you know what, that's a large percentage of my business and I didn't know the rule, >> that likely would not be a hardship. A hardship would be something that would be unique to the property and the
property owner or the tenant would have to substantiate compliance with the hardship criteria in order for the board of adjustment to grant a variance. >> How did we settle on the three years? Why not two? Why not one? >> Why not one? >> I believe that if I recall correctly,
the land use committee committee started at a lower number and then worked their way to three. But there was a couple of different um proposals that were discussed, but three years seemed to be a reasonable amount. >> So I'll put my cards on the table. Maybe
this is something because I I think we are split here, right? There's not a hardship. It's not as if it was grandfathered in. Mr. Islam rightfully or wrongfully wasn't aware of what our zoning was.
Right. So anything that we're granting here is essentially an extension of good faith and goodwill. Three years is a long time. >> Yeah. >> Right. If we would sit here and say let's give one year to essentially wind
down find a m you know another way another product to essentially supplement that income. That is hardship relief right? That is me saying, you know what, it it is incumbent on Mr. Islam or any
other tenant to be very familiar with the zoning, but he is a pillar of our community. We're not going to do this for everybody, but he has a year to replace that income or find another direction for the business. I'd be more comfortable than that. Three years is a
very long time, right? that that is just and there's a new commission that's in and it just recycles. Um if if I was living in this neighborhood and I advocated for the distance separation, I wouldn't want this to be then
lingering over for three years. In fact, even one year probably doesn't present parody because this is only an exception being allowed for Mr. Islam. But that's easier for me to swallow doing one year than three. I don't know if we want to take that. >> Commissioner Magazine, can we split it
and do 18 months? And then I just want to clarify because this exception is so that it levels the playing field for Muhammad Islam. Right now he's not level. So I I've heard uh people say here on the day is uh well the then the
playing field is not level. It's not level to him uh right now and that's why we're looking to make the exception. Would it be considered to do 18 months because one year um might not be enough time for him to turn over a business? >> I think I could be okay with that. But let me clarify that second point because
I want to be sure that I'm understanding it. Right. I I get that. Okay. He may have different let's call it zoning than somebody that is right next to him because they were grandfathered in where Mr. Islam was not. Right? So this is a
new purchase of a business. Um it would almost let's go back to the hours of operation for uh West Avenue, right? Bodega has they're grandfathered in, but if they would sell that or they would somebody else would uh buy a new bar
right next door, they would have the 2 a.m. Correct. >> So I I'd be willing to split that difference. um cuz I I do think we're kind of going above and beyond for one person because he is a pillar of our community. Um however, we do want this
usage or this ordinance implemented and and I think two years is too long to just kind of leave the community uh there with this overhanging. So uh I think on first reading I'd be okay splitting that difference at 18 months. But let me let me if if I can just to
ask a question in that same line of thinking. So, you're saying that let's say Bodega sells and a new person comes in, they would have to abide by 2 a.m. as instead of 5:00 p.m. >> or let's say right next door, if somebody decided to build a bar right next door, I think that's a better
analogy, they would have to abide by 2:00 a.m. where Bodega because they're grandfathered in, they would get to continue operating until 5:00 a.m. But if I bought uh Dunkin' Donuts and turned it into a bar, I would have to operate by 2 a.m. Correct, Tom. Correct.
>> Yep. >> But the problem is that here we're setting the precedent that, >> you know, we're going to create exceptions to the policies that we pass. That's that's that's my >> I mean, people come to us with variances all day long. That's uh it's this is not
unusual. >> This is a variance is being requested. We have a sunset. Um and I think we just need to uh make a decision. And if I may through the mayor, um I I think you know
part of the job of you that we all have is when issues get illuminated to us to try to find solutions not just for the the um particular existing set of circumstances that elevated the issue. But also the fact
that this is an issue means it's not just one person likely having this issue. And so how do we find a longer term um solution that seems equitable? And so I think this conversation has elevated that need. I think it's a very legitimate need. I know we've danced around at a planning board for years and
I think that um you know I it is a tiny part of the business. It is sunset and I would I would be okay I would be I would actually prefer a shorter sunset as well. And at the same time with a separate item, let us collectively work
on how to try to ensure that anybody trying to open a business here knows what they're able to do before they put money down on the table. And I don't know what that is. It's not something we'll discuss here. The other thing I want to say to you, uh, Mr. Islam, is that I would like you to have to invite
code to your store by the end of the week. I don't know if Hernand's still here. Have Yep. Have Have somebody from Hernand's excellent team walk through your store with you and identify anything that is not up to code. I don't
care how emotionally attached you are. It will look lovely in your living room. Okay. >> That the store needs to look like a million bucks. So, you're going to you're you know, you're getting grace extended to you to get out of this situation. It is going to be a tiny part
of your business. So, you should be able to replace it very easily. And if you can't, that's not an US problem. That's a you problem. And in the meanwhile, because it is a thorn in the side of the community, and I'm sorry, it just is. Your job is to make that store look
radiant and conform with our laws and make it look great. >> Are we clear? >> Yeah. So, >> but I have this question. What happens? So, I just I just need to understand. All right. Let's say this gets passed today on first reading, comes back on second
reading, you got your vote, and then you got 18 months. What happens at the end of those 18 months when you no longer have the ability to sell tobacco and vape products? We I'm going to watch I'm going to
continuously follow these rules by 18 month if you see the I follow by rules and code then you guys if you want extension that's fine not then we can there is no we can sell it but that's
you see that's my >> that's the that is exactly the issue there will be no issue there will be no extension >> that's my chance here >> I can sell >> but that's What we've told you from the beginning is you have >> it's going to be a different commission at that point.
>> Yeah. No, then then >> that was that was never that was never >> it is harmful but continues to >> but the fact of the matter is is that the other two businesses are allowed to by law and yours isn't. And so the reason why we are spending all this time
talking about it is so that you have the time to either reimagine your business model or start the process to sell it now. Not in 18 months there will be no extension. >> Okay. >> So >> I agree. >> So but Muhammad this is what we need to understand. >> I agree.
>> You at the end of the 18 months because this is very serious what we're doing here. >> Mhm. >> What we're doing we're doing something for you because we care about you >> and I want to really hats off to my colleague Commissioner Dominguez because I think we all care about you and and I feel like we're all in a very difficult
position >> because none of us want to vote against you. You're our neighbor. >> You're our friend. You volunteer in the city. You dedicate so much time to try to do good stuff for the city. So, we want to help you. And I and I really want to commend Commissioner Dominguez
for for bringing this forward because she's also she wants to help the small business. >> Mhm. >> But, you know, you need to understand that at the end at the end of the 18 months, you're not going to be able to continue this.
So, is it even worth it for you to get this now if at the end of the 18 months you were planning to come get an an extension that you're not going to be able to get? >> I got it. I got it. So, that's the option is sell it cuz no way to waste
his time cuz I don't make money. Why you should wait for long. >> All right. Well, then >> so the the bottom line is we have I'm going to sell it. >> So, so let's do this. I if it's clear that you're going to sell the the business.
>> Exactly. >> Let us give you a year to find a buyer and get out of it and just call it a day. >> Okay. >> 16 months. >> A year. >> 18 months. No, >> do a year. >> 18 month. Okay. >> After your comment, you have a year to sell the business. If that's your plan
and it's not the pivot, you can do that in a year. >> Okay. >> Uh >> Eric, um the city administration recommended against us. What's your what's the reasoning? So, I think we've been pretty consistent about trying to elevate the business community and try
and get away from some of these u deleterious uses. I think um you know, vape and tobacco is certainly not something that we're looking to proliferate across the city. >> Yeah. Again, it's tough because I I like
you personally, Muhammad. Um I'm I'm going to be a no vote. I also I I also look at it and I'm not sure it would change my vote, but again when a when a someone comes in and buys a property, not everyone may know and Tom I've had people reach out to me and I say, "Hey, just talk to Tom. He'll tell you exactly
what the law is." And and you're an incredible you're incredible resource. I've actually even had people tell me, you know, how much money you saved me that I you shouldn't tell that to the lobbyists here, but you do because you provide a service um and you're you're just giving people what the zoning laws are, which is which is it's complicated.
It's complex. Um so it's appreciated obviously you and and and Nick. Um and here I feel like Muhammad, you own other businesses in the city. It's like not someone who's not sufficient. I don't even know if that would change my mind. A person has an obligation to know what the rules are as complicated they are.
But here in this situation, everyone knows everyone knows you and it's a good thing. >> Um, yeah. So, you know, you're that that resource was available to to understand what what the zoning laws are. And I just um I just feel like we're going
down a little bit of a the wrong way here, especially since we've specifically had legislation going and sometimes it's hard. We've had to make tough decisions that um that sometimes, you know, it's it's tough to say no. But at in in the long term, it's better for
our city. And I I just don't think this is good for our city. >> Can I ask a question? Um, you know, we talked about being good operators versus bad operators and when, you know, nightclubs do stupid things like have brawls that cross four lanes of traffic and we're like, we can't even do that.
We can't shut them down uh without be because it's not enough of a problem. But we talk about people with violations getting no benefit of the doubt and people with no violations getting the benefit of the doubt. And where is this business? Where's this property?
>> I believe the address is 6638 Collins Avenue. >> No, no, I didn't mean that. I know where it is physically. I I'm presuming I'm presuming that we're having this conversation because there are no property violations. There are no code violations other than the signs which
can be taken care of in 24 hours. >> I'm not aware of any violations at this property. >> No, there is no violation. >> Uh there is no violation. >> Let me ask you something >> because again this is something that
we're trying to get away from. Your preference would be to keep the to keep your business. Is that correct? That would be all >> that's correct. >> Okay. your preference would be to keep your business, but because of the ch because of the policy, you're saying, "I'm not going to keep the business. I'm
going to sell it." Wouldn't it be better for you to find for us to help you find other opportunities of other ways that you could use this space, this business long-term, sit down with you creatively and see, okay, what are the uses that
are consistent with the zoning code so that you could activate that? Because what we're looking for is okay, you own the space. You're looking to keep the space active, but you're asking to do something that is not not allowed in the code for a
very one short period of time. And then and then you either ask us for an extension or you sell it and you're hearing from us, we don't want to have to be in a situation where we give you an extension. Why don't we instead sit down and find
what are other uses that you can transition into so that you can keep the space active, but it aligns with what our code allows you to do. Are you open to other things that you could
do besides selling uh vape and and tobacco? >> Uh, actually I'm involved with the real estate business. I have two property in Miami Beach. uh I this is only I in invest with this uh you know as a
partner so we work uh like a do something I used to have a three business in Miami Beach uh I'm here in 31 years I was about to telling about the the congestion of traffic cuz I'm civil
engineer all my life I work lot of things I have a lot of idea so I'm going to today I have no time I had another appointment I cannot attend. I spoke with Mr. M. So I get to go. Uh but anyway, this is a good decision. I I'm
not going to continue until you know uh time is over then going to sell it. >> I I have a question, Tom. Would a yoga studio be permitted in that space? >> Yes. >> Okay. There's a no a yoga studio a couple of blocks away that was just shut
down because a business partner decided to that the business was harder than they thought and stop paying rent. The other business owner is looking to find a new space. You want to get out of your business, but you have a retail space. Why don't you sit down with the owner of
this business that is looking for a retail space? You clear it out. It's a permitted use. You get your rent. She gets a space for her business. Everybody wins. It's a much better use. >> That's a good idea. But uh let's see. Let's see. 18 month.
>> Well, but I I'm not sure. I'm not sure you have the votes right now. So, I'm I'm suggesting maybe, >> you know, and it even if it's uh it's first reading or second reading. First reading, right? >> First reading.
>> So, you know, maybe we pass it with a one year for first reading. you go out between now and second reading and see if you can make this deal work and and maybe that gives everybody the room they need. I don't know. I I we're all trying to find a way
to make things better without doing damage and setting terrible precedents. But I know there's a business actively looking for affordable rent around the corner from you. And that to me seems like a no-brainer. >> You own the actual space, Muhammad. Do you do you
>> No, I don't want the space. >> You don't own the space. It's the rental space. >> Yeah. >> Mohammed, what's the name of the uh business? >> Is it Dhaka? It's called uh Dhaka, capital of Bangladesh. Dhaka store or something.
>> That's that's the name going forward. >> That's the name. Yeah. >> Wait. But so I'm really confused. If you don't own the space, then I mean it's just a matter of vacating the lease. Now
>> I I'm really busy with my own property and other issue. >> Can you stand by the mic, Muhammad? >> Uh I'm sorry. I have >> um I'm really busy with my property and other issue. But basically it is a time
matter always have to be spend time you know grocery business. I used to do lot of business but still our family business was a six seven business in my beach area big business in M&L market in south beach there is a lot of meridian
supermarket and uh other lot of six market we have a my uncle my cousin so all of that involved with this business >> and what percentage of revenue are your tobacco sales of your total sales >> second >> what percentage of your total sales are
usually tobacco >> easily uh the concept of the small business with the tobacco and alcohol tobacco the customer buy something uh soda some alcohol they supposed to ask for the
cigarette I'm surprised that next door to me there is a cloth store they have a they selling tobacco I don't know how it is possible >> they that's not the winning argument right they were grandfathered in and this is a new business.
>> Mhm. >> Okay. This is a new business, >> right? >> When they shut down, they're not going to be able to go to another store right next door to you and start again, right? So, yes, it's a comparison of apples to
oranges, >> right? If you were there 10 years ago, this wouldn't be impacting you. >> No. >> Right. But you're a new business and and with all due respect, >> you didn't do the proper due diligence >> leading up to buying this business
>> that you should have done, but we're sitting up here really, really working hard to try and extend you an olive branch, right? So, what percentage of your total sales are tobacco sales? >> Uh, are you talking about now? Yes. Without tobacco,
>> you can believe 300 350 per day. But of your total sales, what percentage is tobacco? >> The tob to tobacco sale because we don't have those we don't sell tobacco but if we start sell tobacco that could be
increased like a like a 20% more. >> So you're not even selling tobacco at this point but you're asking for an exception to do so. >> Yeah. Uh actually I'm a little bit confused about the uh your question about the how how
much are I selling tobacco. That's your question. >> Yes. >> The if it is selling tobacco it could be 25% more we can sell it. >> So you're already operating >> and >> you're not selling tobacco. >> No. >> You're just asking for the
>> selling I selling alcohol. I selling other stuff. >> But that's not part of the ordinance. We don't have a alcohol restriction or correct. We're just talking about this tobacco thing. >> So, we're actually being asked to allow him to start selling something he's not even currently doing
>> because he thought he could and then he found out after he >> Are are you able to make your rent payments right now as is? >> As is. Yeah. That's why it's very hard. Even I cannot uh pay the employee cost you know everything is expensive. uh
beside that I have to pay rent, I have to pay employee cost, I have to subsidize for my pocket, you know, >> but but that's being a business owner. Like we're not responsible. And I I I'm not trying to be a jerk, but I mean business, we we can't control the cost
of goods sold. We can't control the the salaries that you pay people. We can't control the market conditions. What we can control is what is permitted to be sold. So the question is if you are running a a an operational business that
is viable and profitable um with the current configuration it's not as profitable as it could have been had this use been permitted. I understand that. But that's that's not that's not um
I know it's expensive right now to run a business. everyone is suffering and and so the question is what can you do within what is permissible to generate more revenue I mean is it bringing in you know great Bangladeshi food that God knows you can't find a
decent Indian meal anywhere in this city so that would be great I don't know if that's permitted so I >> Bangladeshi food >> let's let's try to wrap this up I I got to I'm just going to be frank I I didn't like this item to begin with which I've said I like it less now than I did when I started
Um, I I'm going to vote no, but I would ask my if it does pass, I would ask that this be tied to Muhammad. I'm I'm a little concerned whether you're even going to continue to control this property if we make this change. I don't want it starting to change into somebody's hands. You don't even own the
property. Um, >> and then they come back and they ask us for an extension and then it's a different commission that might grant the extension. >> Well, it's also I feel like, and I don't want to speak for my colleagues, but I get this sense, >> I'm sorry. I I get this sense that there's if there's an appetite to do
this, again, not I I've said where my vote's going to be, but it's it's because of Muhammad's running the business, but what if Muhammad's not running the business? >> Then I think we have to put a condition in there. But, uh, either way, I'm I'm and and mayor, the challenge with any
condition that's tied to an individual operator or owner is we don't necessarily know if a business or property changes hand. So, that could be difficult to enforce. Got it. >> Yeah. In fact, how I envision this is you have
one year to essentially either reimagine your business and start selling Bangladeshi food or cupcakes or whatever it may be. >> It's not going to be Sorry to interrupt you. >> Bangladeshi food not going to be sell there because it's the beach area. The
people love to get it some product the American product grocery product and beside the soda uh then other thing is alcohol. That's the most selling product. >> But you can sell those in your store. >> Huh? >> You can sell that in your store.
>> Yeah, I can sell it. But we we have a different in village. We have a store. Uh we selling product. Yeah. Halal. Say halal like a kosher. halal food and we have a very good product. People love this food.
>> Yeah. Whatever it is that you find a way to supplement your revenue, >> you have 12 months to do so or you sell the business to an operator that knows the parameters that are in place and they're
confident that they're able to do so. This exception doesn't flow through after 12 months. >> Okay. I I I can sign up for 12 months on first reading. I I can't promise you I'm there
for you on second reading, but I at least want to give you some time to talk to my other colleagues, some time for me to think about this. So, >> and time to reach out to the North Beach Yoga people and see if you can find a solution that works for everybody.
>> So, I'm I'll make a motion. I know we talked about splitting it in the middle, but I I I think we just have a different mentality about what this extension is for. It's not to provide you this long runway to just keep doing status quo. So, I'm going to make a motion that you
have this for one year and then it expires. Uh but with the caveat that this is first reading and I can't promise you that I'm going to be there for you on second reading. And and I would I would add to that if I might um that it is contingent on at second reading um even being up for
consideration that your store complies with all the signage uh parameters. No blinking signs, no vape signs, nothing like cleaned up. There are awning issues. I want it to be whistle clean from a code perspective.
>> Yeah. Any code violation in those 12 months renders this null and void. >> Okay. I will try my level best to follow code and and operate the business in properly >> and and text me your address. I I'd like
to support it while I'm in the neighborhood just from my own private standpoint. >> No, it the non vape usages >> and most welcome many times. >> Call the vote. I'm down for Bangladesh. >> I have a motion by Commissioner Magazine as amended. Commissioner Dominguez, are
you okay seconding? >> Yes. >> Okay. >> It is a public hearing. I see no one on Zoom and I see no one else on uh the the chambers requesting to speak. Uh motion by Commissioner Magazine, second by Commissioner Dominguez as amended. Uh Commissioner Matelinas,
>> yes. >> Commissioner Bot, >> yes. >> Commissioner Suarez, >> Commissioner Fernandez. >> Commissioner Magazine, >> yes. >> Mayor Dominguez, >> yes. >> Mayor Miner, >> no. So it is approved at first reading
as amended 61. Uh the motion is uh the amendments are one year expiration and free of code violations for that that one-year period. >> Can I say one more thing? I'm sorry. >> Can I answer? >> Yeah, but I we we just voted on the items.
>> No, I know. But but before you leave, Muhammad, you said I will do my level best to try to operate my business within code. >> That's no try. You either do or you don't. >> Okay. I will ask I can't if if that is that what he said
>> I can barrier >> okay let >> yeah let I think we there's going to be a second reading so we we can rehash some of these issues there we voted >> thank you >> so >> yeah I know
>> no more I get tired, you know, standing position. >> You got it. You got it. Six months, but you know, it's coming back for a second reading. So, there's the next month we're going to hear this again. >> Let me get you down. >> So, it's not a final approval, but you got past the first step.
>> Second reading is May 20th. >> Say again. >> May 20th is the second. >> Yeah. >> So, as of now, no, until the second. >> Correct. >> Correct. It's not It's not official yet. An ordinance like this has to be heard twice at commission and voted on twice.
>> Okay. >> I have experience. >> Okay. Thank you. Uh I would like to say something about the Northb traffic congestion. I have lot of idea. I'm going to prepare some articles how we
can resolve this issue as a engineer. I'm going to do some preparation for traffic congestion in the like a 71st street the the corner. This is very dangerous. So people wait and wait.
We're going to we I'm going to prepare some paperworks. Okay. She's my neighbor. >> Okay. >> Thank you. Thank you everybody. Thank you. >> But neighbors like you who needs enemies.
Okay, let's call R5N. R5N is an ordinance of the mayor city commission of city of Miami Beach amending chapter 82 of the Miami Beach city code entitled public property by amending article 3 entitled use of public property by amending division one entitled generally by amending section 82-74 thereof entitled plastic related
or metallicized decorations prohibited at public marinas marine facilities parks and beaches in order to clarify applicable restrictions on the possession and use of decorations in outdoor public settings and providing for repealer servability cification and an effective date. This is a second
reading public hearing. It is item R5N. >> I move the item. >> Second. >> Amy, if you just quickly tell us again what this is >> and on Earth Day, right? >> I know. Of all times, >> it's clean up language on a >> Yeah, >> sure. Mr. Mayor, be happy to Amy Nulls,
Chief Resilience Officer. And happy Earth Day. This is an excellent item, the second reading, to make sure that um we're not using, you know, consumable and plastic items that can cause a lot of litter and that we can have reusables and it's excellent for our events and for our environment. >> We sell vape at the bounce houses.
>> Excuse me. >> Sell vape at the bounce houses. >> Absolutely not. >> Okay. So, and and the reason why we're doing this, we had originally passed the original or earnings banning plastic and metabolized decorations on public property. But what we didn't realize is
that the unintentional um that we unintentionally banned decorations that were never meant to be targeted, uh including those used by local organizations and cultural events. Um and so this just it's a fix. It's it's
just a fix to correct something that was done unintentionally. So the policy was already established. This is just cleanup language. >> Is this the No, this was in March >> the
>> Sorry reading. One sec, please. I'm just looking something up from the last um the last vote because you know you brought up I I I've been having some concerns about these unintended consequences which you just highlighted.
Um >> Commissioner Suarez famously said there no no such thing as unintended consequences. >> I couldn't resist. >> Give me one sec. It's from >> you happen to know when was first
reading of this >> 38. I don't have it in 310 missing. >> If you can't find it at Ralph, don't worry. We'll let me try one more time and see if it's
a long agenda. Hold on. While we're waiting, um, do we have a time certain for the, uh, DRB appeal? Is everyone here for that? >> Yes. >> The vote was 70. >> Okay. Okay. Let's take the vote. >> I have motion by Commissioner Fernandez,
seconded by Commissioner Bot. Commissioner Suarez, >> yes. >> Vice Mayor Dominguez, >> yes. >> Commissioner Fernandez, >> yes. >> Commissioner Mate Selenas, >> yes. >> Commissioner Magazine, >> yes. Commissioner Bot. >> Yes. >> Mayor Miner. >> Yes. >> Motion carries. This is second reading.
The item is approved. That was item R5N. >> Let's call R9E. >> R9E is DRB appeal number 25-11045685 followed by Mr. Gund. Good afternoon, mayor and commissioners. This is an appeal of a design review
board approval, much like you heard last month um for the construction of a new clubhouse and campus improvements at Lagor Country Club at 5685 Alton Road. The appeal was filed by Honor Gande, the
owner of a single family residence to the west of the club at 5767 Alton Road. Because this is an appeal of the decision of the DRB on a specific property, your decision has to be based
on the record before the DRB and no new evidence or testimony can be taken. So today, we're only going to hear from argument of uh from from council to the parties. Um, under the code, the commission can only reverse, remand, or
modify a decision of the design review board if the commission finds on a 57 vote that the board either failed to provide procedural due process, failed to base its decision on competent substantial evidence, or fail to observe the essential requirements of law.
consistent with other appeals that have been heard by the city commission. The petitioner will have 10 minutes to present uh his oral argument. Then the city and the Loris country club will split their 10 minutes for the respondents and the petitioner will have
an opportunity to present rebuttal. U following argument of the of the parties, the commission can deliberate and then and then take a vote. Um, again, to modify, reverse, or remand, you need a 57 vote. To affirm, you only
need a majority. >> Uh, I apologize, Graeme Penn, 200 South Biscuan Boulevard. Nick, just for a point of clarification, the the period for the rebuttal is within the 10 minutes or in excess of the 10 minutes. >> I think we usually allow two minutes for
rebuttal. >> Okay. I just want to be clear of what that number is. That's fine. And since this is a a que judicial proceeding, I'll I'll ask uh council if I could place you under oath. >> Do you swear affirm the testimony you'll give in this proceeding is the truth,
all truth, and nothing but the truth? >> I do. >> Thank you. >> Is that for everyone? >> Well, we're only going to hear from attorneys today since this has to be your decision has to be made based on the record before the DRB. So, we won't ask the applicant or the petitioner >> the since the since
>> we we don't mind swearing anyway, but he's not going to talk. So, >> okay. >> He swore as well. >> I could do the rebuttal. >> Okay. So, so um Mr. Brooks, if you're ready, we'll set the clock for 10 minutes. >> Thanks. I handed you um paper copy of the appeal uh so that each of the
commissioners can have that in front of them. I know you have a probably an iPad or something, but the volume of paper that you have on your agendas is is incredible. So, I wanted to make it easy for us. Um, my name is attorney Ralph Brooks and I'm board certified in city,
county, local government law. Um, I serve as city attorney uh for a number of cities, St. Pete Beach, Treasure Island, the city of Naples across Alligator Alley, um a few others, Bradenton Beach, and I was the land use litigation lawyer for Monroe County,
which is the Florida Keys. And I've been board certified in city county low government law since 2014, which is now 12 years. Tomorrow we'll be going to the uh the CLE in Hollywood. Um, I tell you this just so that you
know that I sit with cities and I sit in that chair over there. Um, so I'm going to try to um first um set the three things that we're going to argue in front of you and then also offer you um some alternatives.
Um first of all, we're here to um challenge. If you look at the uh the appeal on page uh two or even blown up on page five is actually better. You'll see that there's four new pedal
structures that are being placed as part of Lor's Country Club uh redevelopment. Um these this is in an area that just has grass right now. There is a portable golf performance uh structure but it's a
tensile structure and it's on wheels. So there's no no structure there behind it house currently. So the reason why we are appealing this is because Pedell is not listed as an allowable use in GC the golf course. So I think you talked
earlier about doing maybe a text amendment and a first reading and a second reading. If you're going to add a use to a zoning district, you have to add the use to the list of allowable uses. You do that by amending the text of your zoning code. You can't just ignore it. Um, and you can't say that a
pedal structure is just the same thing as a tennis court because it's not. Um, a pickle ball, they might restripe the lines, use different paddles, and use a different ball. But for pendell, it's different. You have to have a foundation
of concrete, sand, and then astroturf. And then you have four walls. The walls are glass or plexiglass and they're have metal poles that hold this up. And the reason that's important and it's different from tennis is because you play off the walls similar to raetball
or handball that I grew up with or squash. It's a structure that you play within. It doesn't have a roof, granted, um but because the balls in pedal go high, they have lights um that go high and they're proposed to use these pedal
courts till 10:00 at night, which is 20 ft behind my client's historic home. His house was built in 1936 by architect Robert E. Collins, who did the Cameo Theater, who's a famous architect in in Miami Beach.
So, first of all, it's not listed as an allowable use in GC. So, it's not allowed. It's not similar to a tennis court. Um, and the code doesn't even say you're allowed to have similar uses to a tennis court. You're only allowed to have things that are associated with a
golf course, customarily associated with the main permitted use of a golf course. Well, not every golf course. Most golf courses don't have pedal courts. And in this location is the second problem. It's 20 ft from my property boundary or my client's property boundary. That's
too close because of the noise playing the pedal off the walls. Um, it's too close because of the light and it's too close because people shout and get excited. In pickle ball and in pedal when you miss a shot or you make a shot, it's a social game. So, you you get
happy or you get sad. Um, and it's loud. >> And then the third thing is >> reference your city attorney. Are we technically opining on the validity of this if uh power court is associated with the golf course or not. What are we
essentially even allowed to rule if possible? >> Right. So the so the question before you is whether the board's decision was supported by competent substantial evidence whether the board followed the essential requirements of law meaning did the board uh follow the correct law
did the board follow the review criteria that applies to the DRB and any other uh applicable provision of the of the LDRs and thirdly whether the board provided procedural due process. >> Yep. So the first one that we raised is
the um section of the code uh 4142-392 of land development code lists the permitted uses of a golf course and it says are golf courses, tennis courts, comma clubouses and those uses normally associated with a golf course and it
does not list pedel and pedel is not normally associated with a golf course and it's not the same thing as a tennis court. It's a pedel structure. The second thing is the setback requirement. Um, in yards on a golf course abiding a single family home, you need at least 75
ft uh from the property line for a structure. This pedal has four walls on it made out of glass. It's not a tennis court. Um, granted it doesn't have a roof, but it shouldn't be located 20 feet from my client's property line. Um, and all other yards, it says the setback
on a golf course shall be 170 ft from their property line. That's important because you'll see a restroom in a golf performance center and that's only 151 ft from my client's property line. So, that doesn't meet the 170 ft. And then
third, they don't meet the criteria uh that design review board reviews for uh the design locationational criteria on surrounding properties. So you have design criteria and you would think, oh that applies to the architecture of the building, but your design criteria
actually talks about compatibility with surrounding properties and it doesn't meet F. Um it's uh section 2.5.3.1 and this is in the appeal on page seven. Um and that's also listed in the appeal
later on to explain which ones it doesn't meet. that the criteria on on on seven that you'll be evaluating. So first you have to determine is it an allowable use in golf course? It's not a golf course. It's not a tennis court and it's not customarily associated. So the
legal analysis is it's not allowable use. The second thing is it doesn't meet the setback. It's only 20 ft away not 75 ft away. The restroom and golf performance center are also going to block the views and those are supposed to be at least 175 and it's only 151.
And then the third criteria in the code are these F, G, I, L, and O. You have to design the proposed structure modification to be sensitive and compatible with adjacent structures, which they didn't do for the pedel.
We're not complaining about the golf course uh building. We're not complaining about the parking lot. In fact, we would prefer parking behind us rather than having a pedel court from 8 in the morning till 10 at night with the lights and the associated noise. It's not an appropriate location. Um G,
you're supposed to look out. Particular attention shall be given to the relationship to the surrounding neighborhood and the impact on contiguous and adjacent buildings. That's my client. 20 ft away. It's going to have an impact on his pool, his backyard. He's going to be able to hear it from his master and secondary
bedroom, which are located on the second floor. The lights will be shining right in there. Um which brings me to I. Lighting shall be reviewed to minimize glare on adjacent properties. They deferred the lighting plan for the pedel courts. They said you'll submit a lighting plan when you submit a building
permit. That's too late. That's after the public hearings. So, we don't have a chance to review that and and the lighting plan wasn't submitted. It says that the lights will shine down on the court, but doesn't say how tall they are and for how and there's no guarantee that it won't shine on our property.
Doesn't say that. Um the proposed structure has an orientation which is sensitive to and compatible with the surrounding area and which maintains important view corridors. So we have an important view corridor that right now looks over the Lor's golf course. This
historic home um has been there since 1936. um the home is is worth lots of money and if you put four pedel courts behind it, you're going to impact that property value, but more importantly, you're going to make it less enjoyable and
disturb the quiet enjoyment of my client in his home. Um and it also says and oh there must be designed cited that means located in a matter which is sensitive to and compatible with existing development.
we're an existing surrounding use. So for those three reasons, we ask that you deny these paddle ball courts. So you modify the approval to remove pedel because pedel structures are not an allowable use in the GC zoning category. They're built too close at 20 ft. They
don't meet the setback requirements and they don't meet the design criteria for surrounding properties. Um so um those are the main arguments that we have uh before you
and we would we would not ask you to deny the entire Lagor golf course and we realize that's an important thing uh just to deny this additional use these four new pedell courts and to move the golf performance center restroom uh either in another location which is
preferred but at least meet the 175 foot foot setback. Now, in 2004, I know we we were 22 years younger than we are now. Um, some of us might not have lived on Miami Beach, but Loris and Miami Beach,
the city, had a fight over fencing. They wanted to put up a fence that would block the neighbors view of the golf course, and there was a code section that prohibited fences of that height. Um, this the golf course sued the city. They reached a settlement in that case between the city and Lagor and Lagor
promised not to build fences that tall and not to obstruct the views and not to place things beyond on the properties beyond the houses that were there, not in the backyards. We ask you to live up to that. Thank you. >> Okay, I guess it's my turn. Uh uh good
to see everyone again. Graham Penn, 200 South Biscane Boulevard. Um here representing Lagorse. I'm going to share this presentation with Mr. Alexander from the city attorney's office as such, but I'm going to try to focus um most of our discussion on in response to what
Mr. Brooks provided. Uh first off, uh those of you are obviously here this morning, Mr. Gunday appeared at Sutnik. He handed uh something out to you which I haven't seen. Um and I would repeat what Mr. Collis noted that the what your decision today is based on the record
that was in front of the DRB. It's not we're not taking evidence. You're not making new decisions about uh whether or not you would make that same decision. Um the and and we believe it's clear and the record supports it that the board provided due process, observed the
essential requirements of the law, and had substantial competent evidence in front of you, in front of it when it made its decision. That's the only inquiry that's before you. The uh first off, I'd like to remind you all that Mr. Gundday never appeared in front
of the DRB. Um, so under the the Florida law, arguably every substantive claim that he's raised has been waved because he didn't appear. He can't you can't complain about a decision made by a quiz judicial board if you don't show up and present something to them and ask them
to decide in your way. >> I have RC final thing >> because that is one of the three criteria you correct. >> Correct. So, is that correct that you can't show up,
I don't want to say postmortem, but essentially after a hearing has already occurred and register a complaint if you weren't there for the original? Well, I think first of all, I would I would recommend that the commission allow the attorneys for the for the uh for the respondents, which incl you know, the
city attorney's office will um Justin from from our office will will present after Mr. Penn does. Um but and then I can I can answer any questions the board may have after the attorneys finish their argument. >> Yeah. And Commissioner, I what we're we're fully responding to every one of
their arguments, right? I'm not relying on the fact that they waved it, right? But under Florida law, they More importantly, and we discussed this when we discussed the last appeal, you are not redeciding this application, right? The only thing you are determining is not, hey, if I was on the
DRB, what would be my decision? The only question is not whether it's the right decision, but if it's a legal decision. And that's why you have those three criteria, right? Due process, essential requirements, the law, the evidence. And again, this the the record supports
consistency with all three of them for this unanimous approval by the by the by the DRB. I want to touch because Mr. Brooks focused on it on a couple of things related to the essential requirements of the law. The two first the two first arguments he
made about the use itself and the setbacks those are cannot be considered by this commission because they could not be considered by the DRB. The DRB has no authority to review, opine, decide on on the resiliency code, the terms of the
resiliency code, whether a paddle court is consistent with GC or not, whether a paddle court is got the same setback as a tennis court. That decision is is the planning director's decision pursuant to the resiliency code. So, they could not have made a decision in this case based
on those arguments if they were brought to them. Uh, so those two arguments are irrelevant. they can't they were not within the scope of what the DRB does. The DRB has a specific list of criteria that they apply. That doesn't include it. Right? That is a that the
determination of consistency with zoning is a planning department decision. The uh briefly the the discussion that Mr. Gunday might be losing portions of his rear view of my property and over my property. Florida law has been
consistent for the last 65 years that there is no right to a view over someone else's land. Period. Right? So that cannot be a legal basis to uh support any kind of challenge to this approval at all legally. So let's talk a little bit about the compatibility.
Uh Mr. Brooks noted that in their opinion the the the DRB did not spend enough time considering the compatibility of the courts with the adjacent properties. That's not supported by the the the transcript. That's not supported by the record. You see a lengthy discussion in the
transcript about the location of the paddle courts, the buffering of the paddle courts, how they're how the time sort of uh the time of day allowed on the paddle courts, the lighting, etc. And there are three specific conditions in this order that directly control the
paddle courts, right? They require a solid uh solid barrier there that has to be we can pick a wall. It's got to be landscape. There's already 12 trees in front of them uh between us and our adjacent properties. Lighting cannot project off of them and we have hours of
operation limits. Right. That the the board clearly considered that issue. So the idea that they're somehow ignoring compatibility of the paddle courts, it was a big part of this hearing and the record supports it. And that is all the law asks us to do. they they are
required to review their code and make their determination and it is not you know candidly it is not this commission's job to decide that they made the wrong decision from a from a factual point of view. So with that let me I I'm running out of time for my half. I'll give uh Mr. Alexander his
chance. >> Thank you. >> Good afternoon honorable mayor and commissioners. Justin Alexander, assistant city attorney on behalf of the design review board. The DRB respectfully requests that you affirm its order approving the design application for Legor Country Club
because the DRB afforded proced procedural due process to the petitioner Mr. Gund. This is so for two reasons. First, Mr. Gund's requested notice standard would be administratively unworkable and and is not required by
the law of due process. And second, the city complied with the notice requirements set forth in section 2241 of the resiliency code. So to state it in practical terms, what Mr. Gund's notice standard would would
mean is that staff from the planning department and the city clerk's office would have to verify that every property owner in the notice radius, which under the code is 375 ft of the external boundaries of the subject property. So
for every one of those property owners, uh they would have to verify receipt of uh the public hearing notice. And this is administratively unworkable from a cost and time standpoint. To put it in perspective, for this project, there were 480 property owners within the
notice radius. Um and that has to do a lot with the fact that this was a large notice radius. It took up the entire Lor golf course. But you can envision a project in uh outside of a single family district in south of Fifth for instance where you could potentially have
thousands of individual property owners uh for which notice receipt of notice would need to be verified. And the law of due process simply does not require that level of uh of confirmation of receipt of notice for a quasi judicial hearing.
And furthermore, the resiliency code follows a a a belt and suspenders approach to providing public hearing notice. There are three forms of notice required to be provided under section 2241. The first is the 30-day mailed notice to the all the property owners
lying within 375 ft. The second is the posted notice on the property. And it's not it's not a small notice. It's it's a conspicuous notice. That is the legal term of art. So, it's on as as you can see on um pages 12 and 14 of the
respondents appendix. It's a large red piece of paper with large bold type that says notice and it provides information about the subject matter of the hearing, the location and the the date and time. And the third is that the notice must be
published on the Miami date county hosted notice website. Uh and through all three of these forms of notice, all three of which were were complied with in this case as noted on pages 5 through 14 of our appendix. Um the the notice is
designed to ensure that all affected property owners receive notice of the depending land use board hearing. uh and and that it's it's highly likely that that all of the property owners will see the notice through one of those three
means. Um, and here it's important to note that the petitioner lives next door to the project and in all likelihood would have seen the uh the red notice uh the posted notice even if he hadn't received the
mailed notice which uh his name and address are correctly printed on the mailing labels included in the record before you uh which is is sufficient evidence to infer that notice was was properly given. So because the requested the requested
notice standard would represent an administrative impossibility and and an extreme uh burden as to cost and time and because the city fully complied with the notice requirements set forth in the resiliency code. The DRB respectfully
requests that you affirm its order approving the design because due process of law was afforded. Thank you. >> I'll suck up the last 50 seconds because I can't shut up. the the record clearly shows that this was a careful decision by the board consistent with a codified
criteria based on substantial competent evidence and that is all the law requires. Right? The the bottom line for this commission. Again, it's not whether you would have made the same decision, but did they comply with the due process? They applied the correct code and did they have sufficient evidence in
front of them. The answer to all three of those criteria is yes. So, we would ask you to uphold the unanimous approval of the DRB at this point. And of course, we're here if you have any questions. >> What about what about the AL >> and Mr. Brooks? We'll give you a couple minutes for rebuttal.
>> Thank you very much. They referenced page 13 and 14 from the appendix for the notice. Just pass this to >> I I can pass, but I'd like you on on record. >> Pass it down to Sure. >> Yeah. It's a red 8 and a half by 11 sheet of
paper that's taped to a telephone pole. And when you're driving by Alton Road at the speeds that people drive on Alton Road, even if you're going to 30 miles an hour, you're not going to see what that says. They should have reached out to us.
There's not thousands of owners. The Country Club should have reached out to us because they were putting four paddle ball courts structures right behind our house. There's a thousand people that needed to reach out to that needed to knock on our door or call us up or send someone over or send us a personal
letter. Hey, we'd like to get a letter of no objection to some pedel courts we want to put 20 ft from your backyard. But they probably thought we'd object, so they didn't do that. The design criteria includes location, locationational design criteria. Putting
these four courts with the glare and structure uh behind their house only 20 feet away ignores the situational requirements that I read earlier. The hours are too late. Start up 20 ft from the house at 8 in the morning. I'm usually up by 8, but not everybody.
10:00 I am now 60 years old and I go to bed at like 7:30 or 8 o'clock. Not 10 anymore when I was a young man at University of Miami. Um, there's no compet substantial evidence about a lighting plan. They said they submit a lighting plan later. The conditions
about putting a wall make it even worse for my client. He can't see the golf course at all with 12ft wall and the landscaping. I mean, he likes he's got this view since 1936 across the golf course. Now, we're taking that view away by not only putting pedel courts, but now putting a
12ft wall and putting plexiglass around the courts is something that pedel courts have anyway. So it doesn't it's not an extra condition to control noise. In fact, it makes it noisier. Thank you. >> I'd make a motion to uphold the uh DRB
rolling. I mean, >> I have a couple questions. >> Okay. Sure. >> Like one of the main um complaints we get besides traffic is noise. And we're trying to so the DRB when they're looking at these proposals, they don't
take into effect noise. And I think one of the attorneys said cuz having something 20 ft from your backyard seems extremely close but that's not what the DRB was looking at. Who who would have approved something like that? >> So gen and that's a good question.
Generally the the DRB is tasked with reviewing the design of a proposed development. Um, in this case, the DRB included some conditions that were intended to mitigate uh other impacts of of the proposed improvements like the
hours, the uh the fencing um and the the the design of that of that setback wall around the pedel courts. Um, but you know, this particular application um was only required design review board
approval, right? wasn't it it didn't require planning board approval. So, um that said, the club will be subject to the noise ordinance like any other property would um regardless of whether you know noise conditions were included
in the in the order. >> So, some of the some of the allegations was also that you can't have a paddle court in a golf course. Did was that addressed because I was kind of in in and out of the bathroom
>> from our point of view? Yeah, we I did discuss it. It's very exciting. The the bottom line is the DRB is has no authority over determining whether the the zone what the zoning code says. Right? So for the use for the setback that's determined by the planning
director. So that issue can could not legally even be in front of the DRB for them to review. So you so they cannot be challenged on that determination because they can't make that determination. Planning director determined paddle use is appropriate and the setback is the
same as a tennis court. That's the that's the that's how it got to hearing, right? And so the the actual zoning the consistency with the zoning will be reviewed again at the time of building permit. It's not within the purview of the DRB to opine on the consistency with
zoning. So that's why it's irrelevant to this discussion today. >> Commissioner Fernandez. >> Okay. So I I just want to pass Justin. >> Yeah. Well, he Yeah, he wants to respond also. So >> um you as the city council or city commission uh are the ultimate land use
authority within the city of Miami Beach. Um, I know the DRB cannot make these type of things, but certainly you have the power to say no to a use that's not listed in the zoning district. It's for you to decide. Um, otherwise, where do we go? We only go to court, and we
don't want to go to court. We don't want to sue you when you haven't even made the decision. You should make a decision whether padell is the same as a tennis court, whether it's allowed in the GC district. It's clearly not listed. And it's clearly not the same. Well, but
from from how I see it, the question is whether the DRB applied applied uh the correct standards under under the code and in the context of the of the GC zoning district, would it be fair to
say, Justin, um that recreational uses like tennis courts and padell courts are anticipated as part of a golf course property. So that that determination is made administratively. What what what >> by whom?
>> By by the planning director. Um but what >> and what was the planning director's determination administratively? >> The planning director determined that that that would be that the pedel court would be an accessory use >> uh within within that within that
district. So, so, so in the context of a GC zoning district, it's it it is within the context of of what's allowed here. >> Yes. >> Okay. >> Um and and the the >> So, because it it was said that we're
the ultimate decision makers on that, the the decision maker on that is is the planning department, the the uh the planning director. He is the decision maker on that. and he issues an independent an independent determination
zoning determination and based on that the DRB uh reviews these applications and and comes to comes with these determinations. >> Correct. And and the the what the DRB is applying are the design review criteria
in 2531 of the resiliency code. And going specifically to to to the role of of the DRB, did the DRB specifically evaluate the placement of these scores relative to the adjacent property uh as part of its review?
>> Yes, there's competent substantial evidence in the record that the DRB considered uh context and they even included conditions like the site wall that Mr. Pen mentioned in in in reaching a finding that it it was I believe it's a a criterion G of 2531
>> and that type of buffering was part of the elements of what the DRB relied on uh to determine compatibility with the surrounding area. >> Yes. >> Okay. and you know as it relates to setbacks what
because that's that's what I see that's a lot you know a big part of this of this appeal are are are setbacks uh and so and so to me that's that's a core concern that's that's raised here. Can you clarify for the record what are what
setback is required uh under under the code? >> I'm I'm being looked at the the the courts in every district have a and Mr. Mooney can tell me I'm wrong or 7 and 1/2 ft set back from the property line. So
>> Okay. 7 and 1/2 ft. And what what setback is actually being provided between the padell courts and the shared property line in this case? 20. So 7 ft is required under the code and 20 uh is is required. So just to be clear uh the
project is not only meeting the required setbacks, it's actually exceeding the required setbacks by by a significant margin. >> But that's setback between houses, correct? But between residential properties, >> it's it's a setback between the property line and a and a court.
So may >> vice mayor. >> Yes, Commissioner Bond. >> Thank you. So I think um the biggest issue for me is the twofold. One is that I totally understand that
there was notice, but it it seems to me, unless I misheard something, that there was no um connection made between the golf course and the most affected resident. Is that an accurate statement? I can't
speak to whether the golf course and the the petitioner engaged in any discussions privately, but but notice was was mailed, posted, and advertised in accordance with the resiliency code >> and and so did the resident respond to
the notice made and connect and can I ask why am I >> Well, I I think Mr. depend if anyone would be able to speak to whether the club contacted the the uh >> I'm unaware of any communication between us.
>> Well, again and I'll candidly commissioner it's irrelevant to this uh proceeding. Right. The the bottom line is it doesn't matter if I if we did or not at this point the DRB made its decision. The only inquiry about notice
is as Mr. Alexander explained whether the city provided Mr. Gundy with adequate notice. >> Okay. >> And the answer to that is yes. >> And the adequate notice was the >> was the red sign >> and the mail notice and the and the website notice. So I I'm just trying to
understand my for my own edification if you guys can just bear with me for a minute because I've been very consistent throughout my 11 years of activism and and on planning board now on the commission that the more interested parties connect with each other and
engage the better the outcome is. This is clearly an example, may not be the only reason, but this is an example of not proper engagement and a an unsatisfactory outcome for half of the party, right? Half the parties. So, let me ask you, u
I'm sorry, I didn't catch your name. I'm terrible with names. >> Mr. Brooks. >> Brooks. >> Mr. Brooks. Um, your client lives in London. >> No, >> you live here. >> He lives here. He he was on the notice list. He has a mailbox. the a letter did
not arrive at his mailbox. He gets this thing called >> that that I get at my house. >> Informed delivery where you get an email that shows all the letters you're getting that day. He checked all those and we never got the informed delivery at the house. So somewhere along the way that letter did not make it to him. He
found out about the hearing after it had already happened. Um he inquired in September 24th about the September 11th hearing. Um he he found out about it then and it was too late. But he has the ability to come here and appeal to do this appeal. He has standing. He's
adjacent. He's >> I get all that. I understand all that. >> I and I appreciate you're asking about the next put this into context. Um the other thing that I am really curious about is um you know we have had situations where
the laws of our city do not accurate do not accurately reflect the conditions in which we reside. We either have laws that govern things that are no longer relevant or we don't have laws to govern things that need to be governed. Um, a
perfect example of this was the private marina, uh, private marinas at private condos operating charter boats. We didn't have laws about this because it wasn't contemplated. Um, the easy solution was wellorganized condos could write into
their bylaws how to manage it. So, that's great for them, but for the condos who weren't well well organized, that that didn't work for them, right? So to me this feels and this is a little bit of a different issue but I'm the reason I'm the reason why I'm raising it is because
I have a procedural question. Um the difference between a um pickle ball court and a tennis court is the level of noise it emits. Um I would say may and pickle ball might
even fall closer to pedal. I don't know, but definitely tennis. Um, and so is it required, it is required for DRB to consider noise. >> Yes. >> As part of this. Is that right? >> They have design criteria if you're
asking me. And it's all on my um page 10. >> Is that correct? >> If you look at page 10, it has the criteria that that are on there. >> Right. So, but so I'm checking with our city attorney. the the criteria the design review criteria specifically include the arrangement of the
structures and um on on the property as they relate to each other and also as they relate to neighboring properties. Um I the DRB doesn't specifically address noise >> but the arrangement of a property to be considered um in its entirety
should contemplate noise because if you're installing a pigota where you're going to do yoga that's a different thing from installing a pigota where you're going to have a DJ. So wouldn't that be an appropriate part of the conversation for the DRB to consider? I
think the spec if if if you're asking do any of the criteria address your concerns and I think the specific criterion is is um is G in the staff report which is that the design and layout of the proposed site plan as well as new and existing buildings are reviewed to provide an efficient
arrangement of land uses. So it the the DRB DRB is not approving the use but looking at where the proposed structures and uses will be on the overall site. I think that addresses >> York this gets to the issue is that an approved use doesn't contemplate a use
that makes a lot of noise in somebody's backyard and so we are asking the DRB to opine on something that isn't properly governed by our our city laws at this moment. >> Well, the DRB is not opining, right? the
DRB is making final decisions on individual applications um based on the review criteria based on the evidence that that the board >> I understand that but it's it's an incomplete review if the laws don't contemplate a use >> and and >> I mean we've got this issue happening in
Sunset or on the Sunset Islands I think as well and it's it just hasn't been addressed yet >> and I think commissioner I think you have separate legislation either pending before the neighborhoods committee or the land use committee if I recall where you are looking at potential amendments
to the noise ordinance um to address court games. That that is a separate matter that um that if if that moves forward would apply to all properties, right? >> Prospectively, but not retros. >> Well, because the the noise ordinance applies to all property. The noise
ordinance is not a land development regulation um where where changes to the LDRs apply only prospectively. As we proceed legislatively through that process, it may evolve into something besides the nor noise ordinance because what I can foresee happening here, um,
the lighting, whatever, there are ways to mitigate light, right? I don't love it. I I'm not I can't litigate all of this, so bear with me. The lighting is is more easily mitigated potentially than noise. And noise is um a code
enforcement issue that is resident driven. So every time that a resident hears noise in their home, the ordinance which currently governs it is if you can hear noise that is um excessive in your home at any time of day, then that
becomes a noise violation. We had this with the Good Time Hotel. I'm not suggesting you guys are the Good Time Hotel, but I mean, you know, Graham, we How many times did we see that thing come up on the planning board agenda? Because the way the law was governed is
that or was written is that if I'm sitting in my living room reading a book and I can hear the good time hotel, I have to call code and code has to come over and they have to hear it and they have somebody, you know, watching for
code and then the DJ turns down the volume and it doesn't matter what covenants were given and what promises were made and we all went and we heard how well it it um um it it sounded and how good the sound control was when it
was being used as intended, but it was not sufficiently used as intended. >> Center for disaster and >> Yeah. And I think this is that's exactly right. I think this is I'm not suggesting that the golf course can't have pedel courts. It it I think it
makes sense. I mean, we've done it with the golf course in uh the Miami Beach Golf Course where they now have pickle ball courts, but that is a different version of this where you have pickle ball courts on a busy road across the street from residential that don't make
nearly as much noise. And so I I don't know how I can do this, but I would suggest that instead of saying yay or nay, you guys go back and to the drawing board and just recite it um so that it is um it's not going to cause all these issues because it it's going to cause
all these issues. You you're going to get noise complaints all the time. Commissioner Matio Alenas, >> I have some questions, but Nick, can you reiterate? We're here to not judge the the but tell us our correct we're supposed to the three things.
>> So, you're not here to to reway the evidence before the design review board. You're only here to determine whether the board's decision was supported by any competent substantial evidence at all. It's a very on the evidence. It's it's a differential standard. Um, you're also here to determine whether the board
followed the uh the essential requirements of law. Meaning, did the board follow the correct law, the correct criteria? >> Is that what Commissioner B? >> That's what I'm trying to suggest with the noise issue. >> Well, I think the the the DRB is not really tasked with with addressing with approving or denying an application for
use. If Commissioner Bot if you if you were concerned about the applicability of the current noise ordinance to to court games, I think that's something that your your separate legislation is, you know, could could address. But I
think in this capacity, you're you're in a very limited role here, right? you're you're looking based on the record that was presented to to the design review board um as to as to as to whether the board, you know, followed the rules, whether its decision was supported by the evidence, and whether due process was
>> But I'm looking at the sentence that reads, "The DRB's approval relied on unsubstantiated assertions that the Bedell courts would produce minimal noise." >> But wait, I'm not I'm sorry. Could you repeat those because I have some questions directly for you and I keep
getting sidetracked. So could you repeat I'm sorry. >> Sure. So so the first is whether the DRB's decision was supported by competent substantial evidence meaning was there evidence to support what the board ultimately decided and all the conditions that it imposed. Second is
whether the board followed the essential requirements of law meaning did the board apply the correct law. And the third is whether procedural due process was provided and that is notice and an opportunity to be heard. Okay. I thank you. I'm good.
>> So, can I just ask a question? Is noise part of the review criteria of the design review board? >> No. >> Okay. So, so based on that, based on what I am hearing, the the design review board acted
appropriately within within its authority. Now we may want to go back and look at what are the design criterias and pass legislation so that in the future you know perhaps they might be able to consider noise. Is that something that we're able to to do
outside of this quasi judition judicial hearing in a legislative capacity? >> You can you we right you can you can adopt legislation that would apply to applications moving forward. >> But that's not what we're doing today. Correct. Today we are determining
whether the DRB whether the DRB acted within its authority and applied the standards that exist today and that ex that existed in October when the the DRB order was issued. And what the
record shows is that the courts comply with the setbacks that are required under the code and in fact they exceed them. The DRB evaluated the relationship between the adjacent property and
considered uh the site design, considered the buffering and made a determination accordingly based on that as Justin and uh and Graham uh has has have stated for for for for the record.
That doesn't mean uh that we don't acknowledge the concerns raised by the applicant is why we want to initiate legislation and Commissioner Bot is is is working on legislation to to address issues of noise and future considerations as to the proximity of
these courts to someone's home which I get it can be impactful but but but our role here today is not to reway uh or or or or reconsider all of those things. The fact is the DRB
acted within the scope within the authority and within the criterias uh that they were able to and based on that I I just don't see a basis in the record to conclude that the DRB ered in its
decision of of of approving this. I don't I still have not seen where the DRB acted wrong. that doesn't mean that there isn't room for legislative improvements in in in the future uh as it relates to noise, as it relates to
setbacks and everything else. Um but I'm I'm just not seeing where where where the DRB um didn't didn't act appropriately in any of this. Mr. >> Commissioner Magazine and then Commissioner Suarez.
I I do have a colleague uh that I think spent like 750 bucks on a Prada paddle racket. He played twice and has never played again. So I do hope you can rule fairly on this. Okay. Just just >> um >> the one area where I think there's the
most question or ambiguity I'd like cleared up is the third you pointed out, Nick. Notice an opportunity to be heard. I agree that in good form and what I would love to see in a perfect world is
for those operators from Lagor to walk over to an adjacent house, knock on the door and say, "Let's work through this." My guess though is that's not the standard of the law and what we have to opine here on as much as I would like to
see more white glove treatment for a neighbor of such a long time, right? We're all one community, one partner. We have to rule on not what we'd want to see in an ideal world on the standard of law. So what is legally required?
>> The legally required notice is notice that's reasonably calculated to apprise the recipient of the the hearing. >> What does that even mean? >> And reasonably calculated means that it's going to be uh likely to to reach
them. So, we under the code, what you're looking at is that the the design review board um followed the the three-step notice process outlined in section 2241 of the the resiliency code. and that is the 30-day mailed notice, the 30-day
posted notice on the subject property, and the the notice by publication in the Miami Herald, or in this case, the um >> So, let's say the uh petitioner even had a forensic uh analysis that his mailbox never received that direct mail notice.
Do the other two outreaches essentially um uphold the legally required outreach? >> The city commission can uh can consider the evidence that that his name was on
the mailing labels and that that the other forms of notice were were provided as as evidence that >> Right. That's what I'm saying. So even if we would just limit it to the other two, >> those are adequate notices of requirement or they are not >> under the resiliency code. Yes. And
under the law of due process, they would be reasonably likely to to reach someone. >> So then I think I I I would fall, you know, close to my colleague, Commissioner Fernandez, and especially on this third point where in a perfect world, in a gentleman's world, they
would have walked over and had a more substantial conversation. But we have to sit here and rule on the legality which I believe has been met. >> Yes. And >> as it currently stands. >> So you know Nick you meant your
commissioner brought brought up the >> the issue with noise and how the DRB doesn't concern itself with noise. However, you know page seven of this paper I'm reading it says staff also express concern with sitting location for the
four pedal courts. Staff also expressed similar concerns with the new paddle court location so close to the single family homes. And then it quotes, however, staff has expressed concerns regarding the compatibility of the four paddle courts and their potential noise impact on the single family homes
located to the north fronting Alton Road in response to these concerns. So if the DRB doesn't have to address noise, it certainly seems that they've addressed noise here. >> Yeah. So let me let me clarify. So so
meaning that hold on. Well, so if the DRB took noise into consideration in in the let's say the passage of this
uh review or applicant, doesn't that then bring to us something that we can evaluate since they have they have I guess voluntarily evaluated noise.
>> So, so and that's a good question. So, there are two at least two criteria that I think address this issue. The one is is G on page 1933 of your book, which is the one I mentioned earlier about the efficient arrangement of land uses uh between structures on the same property
and adjacent properties. The other is K on the next page which says that uh buffering materials shall be reviewed to ensure that headlights of vehicles, noise and light from structures are adequately shielded from public view. Right. So, >> but does that now give us the
opportunity to say that we don't think that that's that was properly addressed at the hearing? >> So, you could the commission could make a finding that um and and again, this is the commission's decision, right? the the the commission could make a finding that uh that for instance the evidence
did did not support the DRB's decision as to those criteria for example if that's where it did or did not support so so the fact that the DRB actually I guess went there and so to speak right or they voluntarily discuss noise then
that brings then we can apply our discretion as far as was it applied correctly correctly or incorrectly, their noise mitigation suggestions to the applicant. Therefore, we now can take into account noise. >> Yeah.
>> Well, but not in the sense that you have the application before you. It's more in the sense of was the board's decision supported by the evidence and did the board follow the correct law. >> So, I have a question on that because if now we if if now we consider noise, noise is not within the review criteria
of the DRB. take >> can is it or is it not? >> Well, the the the DRB the closest the DRB gets to noise because the DRB is not reviewing use. The closest the DRB gets to noise is in reviewing where the structures are on the property and and buffering of those structures and the
board that that I think is what you've heard the testimony you've heard today >> and that's where the site design the site plan was considered by the DRB. Yes or no? >> Yep. I'm asking the attorney. >> Of course, there's 85 pages of plans including
>> and buffering. Was was buffering considered by the DRB? >> Yes. And there's a specific condition in their order that requires additional buffering of the paddle courts. Now by now if we start to consider the amount of noise created outside of of the
discussion of what is relevant to the DRB does wouldn't that then expose us to to to to an appeal or challenge from the other party where where where noise is being considered outside of what was
allowed under the authority of the DRB. >> Correct. Yeah. You're not reviewing the approval of the use. you're not reviewing the levels of noise um that could be produced on the property. Um you're you're only looking at whether the D again the DRB followed the correct
law or was supported by the evidence. >> But can I build on that? >> Commissioner Bot. >> So the DRB is not supposed to consider noise but they did consider noise in context of the sighting the proper sighting of the um four courts.
>> Right. the location of the four courts location. Right. Yes. The sighting. So, and there are multiple pages of um conditions for buffering to try to mitigate the sound and the noise. So, they know that that is a thing. But
there is no noise study because they could say you need X prescriptive measures to buffer the sound, but in fact that would buffer a tenth of the sound uh the noise and be virtually useless. We don't know. Nobody knows
because nobody has this the the the noise decibel levels and what the mitigating measures might be for going back to the the good time. We had all these problems and then they put up they went they turned it up to 11, no pun intended, but they turned it up to 11
and put in this incredible sound mitigation system and and it was it was really great when it was used as designed, but but they didn't do that to begin with. And so it it required months of back and forth. And so this is the
DRB took noise into consideration as they deliberated where to put the courts and to prescribe measures to mitigate the sound. But you don't know what the sound impact is going to be. And had you known um you might have said if you were
on the DRB that is too close or that's fine. It's not going to affect but nobody knows. So, how are we making these prescriptive decisions without that information? >> Nick, before you respond, but accordingly, didn't you even say
take true what she just said at face value? Didn't you even say that it's not as if we can reject this or accept this >> uh because we would make a different decision than the DRB.
>> They didn't do it. Well, that's what that's what we're that's what they're appealing that they there wasn't enough correct evidence to make the right decision. Is that correct? And that's what we're that's at least what I'm saying is that there wasn't or commissioner me and Commissioner B are saying that there wasn't enough correct
evidence to make a thoughtful decision >> for they were considering it. they per the records here, it sounds like they were talking about it and so but not in a meaningful enough way because they didn't have all the information they needed and and I think
>> and it certainly sounds like the applicant at the time was was you know entertaining that discussion. So, >> and I think the two criteria that that relate to what uh Commissioner Bot and Commissioner Suarez are looking at are those two that I highlighted on the
arrangement of land uses and and buffering of structures. So, if you were to make a finding um based on, you know, let's call it noise, right? If you were to make a finding based on the on the impact of the courts um on the neighboring property owner, it would be,
you know, it would be as to those criteria. was explain that again. >> This is this is the the commission's call, right? And and um so >> what exactly is commission's call? >> What's what's what's your call is to determine whether the board's decision
was supported by competent substantial evidence and whether the board followed. >> Okay. And I think that's what we're saying. We don't think that there was enough competent substantial evidence for something that they that the board took up as a review. >> Mhm. >> At least that's what I'm saying. And that's what I I that's what it see
because while it might not be their purview to weigh in on noise, they were taking it into consideration to discuss the sighting of the courts which is right in their wheelhouse. >> Right? So they made a decision based on
noise impact where they didn't have sufficient evidence to make a difference. They weren't opining on whether or not it's a permissible use, but they made a decision about where to locate the courts on the property based on the discussion they had about the noise impact. And it seems to me that
was an incomplete discussion because they didn't have actual data. >> And if had they not taken that into consideration, maybe the decision would have gone another way. >> Right. So, so if if this gets v this decision gets vacated, does it just go back to
DRB for there to be more conversations to figure out if there's a solution or what happens? >> Well, the code allows you either to um if that's where the the commission is leaning that the code allows you to either reverse remand or modify based on
the discussion. I'm I'm I'm here and I and you know, I don't want to speak for everybody. I don't know that everyone's had a chance to speak on this yet, but I if you are suggesting that the board consider additional information, that motion would be a remand.
>> And what about modify? Like is this for just these four paddle courts or is it for the whole project? >> No, the application was for the was for the whole project. >> And so if we wanted to make a motion to modify these four pedel courts and leave intact the rest, we can do that.
>> You could you could do that. Yes. >> I make a motion to do just that. >> I'll second. >> And that would be to modify the courts to uh in uh in how specifically to modify the courts because we'll want the the commission's resolution should be clear as to what the modification is.
>> Well, I think uh certainly that the Lor's Golf Club can at at the very minimum start a discussion with the property owner. Okay. uh and hopefully come to some sort of resolution where it
both parties are happy, >> then I think that would be uh better as a motion to remand to allow the the design review board um to to direct the design review board to to take another look at the particularly the sighting of the PEL courts. Now,
>> how would you don't we have a motion on the table? I had a motion on on the table that was seconded by Commissioner Magazine and and and on that motion I just you know we only have you know a portion here of
what the appellant is stating from from the uh staff report. But but also part of the staff report is is specifically the the uh criteria and and part of that of that criteria buffering materials
shall be reviewed to ensure the headlights of vehicles noise and light from structures are adequately shielded from public view adjacent properties and pedestrian areas and staff acknowledged that that was satisfied. Is that correct?
>> Yes. Okay. And then and then when you when you read further um beyond what what what the appellant provided is that each of the proposed padel course shall be enclosed with solid plexiglass panels to help contain the noise to the
neighboring properties in a manner to be reviewed and approved by staff consistent with the DRB criteria andor the directions of from the board. this has been considered by by by the board and and again I just want us to be
careful of the precedent that we set because we have very limited scope here uh and it's whether whether the board applied its criterias correctly or not. We might not
like the outcome of it or agree with with with with what's going there, but but that's not what we're here to do. We're here to determine did the DRB apply the proper criterias. And I
believe that that that they did. And unless unless the the attorneys tell me otherwise, >> I just don't think that I I just Sure. But there is no sound engineer present to say that a plexiglass is going to solve the problems. You know, I mean,
staff tells us stuff all the time that ends up being, you know, wrong as far as a suggestion. You know, I just just relying on what staff says, you know, as far as what it thinks it can do to mitigate noise. I don't think
>> that's the record we have to abide ourselves by. But no, but but we're also here to say, was there enough evidence to to judge that or or or to make that decision on an accurate basis? I don't think so. And respectfully, if you think
that's there's enough evidence, fine. I guess that's where we sort of draw the line. And you know, maybe we just need to have the votes to see where this lands. And if I could uh Commissioner Fernandez, the second paragraph that you read,
doesn't that essentially uh advise or imply that staff will review the sound criteria before the issuance of an actual permit? So there's still time to I don't think it's in our purview, but there's still
time for the appellant to work with the Gors and staff to mitigate the sound in a proper manner. Right. I don't think we should be, this is just my opinion, but rejecting or accepting a petition
based on not having uh adequate information on an issue that's not even in the purview of the board. the uh sorry >> but but they but the purview of the
board is the sighting of the courts and in the discussion of the sighting of the courts part of the things they were considering were the lights and the noise >> and so it may not be the purview of the the board to talk about sound in an abstract
manner in an independent this is why I'm not a lawyer in in a in a standalone own manner, but in in context of the the sighting of the location of the of the courts, they did talk about it and they made a decision
with insuff in my view, they made a decision with insufficient evidence to inform that decision. That's that's my view. And so I'm I'm not saying again that Lor shouldn't have pedal. I think it's great, but I think it needs to be
just discussed further and to do it at the at at the pos at the point where the permit is applied for. I don't believe, and correct me if I'm wrong, but I don't think that the the resident is part of that conversation. And um
I think that it's possible that the applicant could say, "Yeah, but DRB approved it just like this." And then somehow things get approved. I don't know. I don't have insight into that that process. I mean, I'm sure in the ideal world it's perfect, but who knows who's rushed and, you know, who's being
feeling, you know, pressure because it's a big fancy golf course. I I don't know. But it it seems to me the place to fix this and and it's not punitive. It's it's the place to fix this is at the DRB where everyone can talk about it together, find something that makes
sense for everybody, and then go build it, and we all live happily ever after. Madame Vice Mayor, may I offer one clarification about the standard of review? So, when you're evaluating competent substantial evidence, uh it's any competent substantial evidence. It's
not whether uh one more thing would have um allowed the DRB to make an even better informed decision. It's whether the record contains any competent substantial evidence. >> Right. And that's my point. It doesn't seem like there was any actual data about noise when they were discussing
how to site the the courts. It wasn't like there was an a half-assed um sound study or somebody who said anecdotally, well, when I play it doesn't bother me. It it there there doesn't that doesn't sound like there was any real data.
That's my that's that's my sticking point on this. I mean perhaps not perhaps not engineer engineer certified sign sealed data but but certainly there the the discussion below did did um discuss the noise mitigation of the of
the pedel courts >> and but was it was it discussion based on um empirical evidence or was it discussion based on anecdotal I don't think it will or it hasn't or I never heard anyone complain pain because that
doesn't hold muster. >> I mean that look that's how I feel. If if other people feel differently >> I code simply just doesn't >> within the limited scope that we have. I mean certainly I feel like there was not enough evidence at the DRB there seems
like there was a notice issue with with the applicant. I I remember my own problem, this is why I'm in government now, is because of issues with noticing and in um when it when it involved short-term rentals and residential neighborhoods.
And obviously this is very different but you know given the the facts and given the the issues that I see I I think you know there wasn't enough noticing
um there wasn't enough notice for this particular party to see what happened. I mean he's on the record saying he didn't get notice which is I think a big problem. I I don't think having a red sign on a traffic light post is enough
and some government website. Uh I certainly no one's going to just randomly go there to to check on a notice. And then the fact that the DRB specifically took this into consideration, didn't have enough evidence, in my opinion
warrants a a a review. Now I was asking how how can you what's the options that we have? You said we can approve, we can we can deny >> or we can modify. Explain a little bit more about the modification
>> there. You there's you you could vote to affirm which only requires a majority vote. There is a motion on the table. Commissioner Fernandez's motion. Um >> what does that motion? >> Motion is to affirm the decision of the DRB. >> That's a four sevens vote. >> That's a four seven vote. to oppose it as a 57 vote
>> to reverse modify or remand a 57 vote is required. >> What if Okay. >> So, um a uh a a a reversal um or a modification.
>> Give me give me examples of modification. A modification would be um that you know to to for example relocate a uh a uh uh uh a particular structure
>> like for example for for cords in front of someone's house >> right now my concern with that is the commission would need to be very clear as to you know what that modification is and I think that really is most appropriate when the parties have
reached some sort of compromise um where you know where the the commission's resolution could be specific as to what the change is, right? Because you're not seeing new plans here. >> So would it be would it be more appropriate to defer this and then have the parties talk to each other and then
come before us in May? >> That's an option if the commission wants to. You do have a motion on the table though if you you know I think the >> I'll make a motion to defer the I'll second that motion. I'm I'm fine. I I think >> you guys enough opportunity to to to hopefully work together.
>> I think I think there's nothing wrong with having neighbors come together and try to solve things. >> So, we have a motion to defer. >> Yes. I have a motion by Commissioner uh Suarez, seconded by Commissioner
Fernandez to defer the item on under on deferral. if when this comes back um if is there a rehearing? Uh do do the parties get to present again? Is there guide us on on how that works?
>> Well, the the the oral argument has already occurred. Okay. Um I think it would be helpful if the if the commission gave the parties direction as to, you know, what you would like them to do before it comes back and and and what your expectation is. Um but I don't
think there would be a need for any you know another oral argument that's already occurred. >> Are we allowed any exparte communications? >> Um the code does not prohibit exparte communications. We our office has always discouraged exparte communications. They are allowed as long as you disclose them.
>> Got it. >> I I have a question though. I don't understand what a deferral gives us. Right. We're either upholding we're not basing this on what we think should happen, right? or or where the court should be, right? We're saying,
did the DRB act properly or not? Not like, guys, go figure this out together. What are we deferring if we're not going to >> the exact same argument? >> We're hoping that they work something out. >> But that's not part of that's not what
we're being >> like quasi judicial body now, right? >> Correct. You're sitting basically acting as a judge right now. >> Correct. >> Right. This isn't some ambiguous wishy-washy feelood. Guys, please come
and and come together here. As much as we may not want to, we're not wearing our commissioner hats. We're wearing quasi judicial. That's why I was being so measured because you know what what's going to end up happening is that we're going to end up with I mean I've just
seen it in in other places that I've worked at that all of a sudden we are going to end up with a huge docket of appeals when so that so that we give people the opportunity then to go back and figure it out um between
the parties that we reopen the files that have been decided upon and that and that it ends up in in that in that posture. So, we're you know, we just have to be mindful again of the precedent that we're setting here because >> but judges always give time for mediation and this is not this is
nothing new in a court of law, right? I mean, we just talked about we're we're we're acting in a quasi judicial capacity, but we're not a court and we're not a court with with several dozen judges uh and courtrooms. We are we're acting in a quasi judicial
capacity meaning that we're coming free of judgment. That's that's to the extent in which we're acting as judges here. We're coming free of judgment to get to to to give each side uh a fair a fair fair hearing. So that's the only thing I just want us to be mindful of because
more and more if we do this more and more we're going to end up with a docket of these things and get it'll get to the point that we probably you know should make some of these boards advisory to the commission um because we we're we're going to open up that door
>> and and to that point commissioner I actually have an item traveling through legislation to remove it out of our hands and send it to circuit court. You know, I think honestly that's probably a much better place for this. But look, I I think at the meantime, I think giving
a month to hopefully work something out with with them. They come back before us and then, you know, there's not going to be a there's not going to be that much time lost. It'll be simple yes, no vote. >> Let let me pose a hypothetical. Let's say they don't work something out. Do we just come back and say, "Oh, okay. Ju
just kidding." like uh we have enough evidence to rule on this now. >> I mean, I don't think they're going to work anything out at all. I think we might as well just take the votes now. I mean, it's I don't think the golf course has any motivation to to work with the neighbors because and they already have their ruling. So, I don't think that
there's going to be any type of agreement in a month. >> Yeah. Our our >> my advice, our best bet is to work with staff before a permit is issued and try and work with the golf course for some of that. I it's just what our task at
hand is here, right? This this isn't about what I want to happen. Joe resident and Joe commissioner wants to see these bar part two parties come and strike an agreement, right? And I would give all the time in the world for that to happen, but we're not wearing our Joe
Commissioner hat, right? This is looking at the evidence in front of us and saying, do we uphold the decision the DRB made for this very strict set of criteria, right? Not, hey, we want this to end where everybody's happy. Please
go negotiate, right? If we sit here and defer it and you don't come back with an agreement, we we just hear exactly what we just heard and we rule in say, "Oh, okay. Yes, we uphold this or or or no, we do not." Right? We're just ruling on the evidence that we have at hand of did
the DRB act properly. >> Let me let me ask a question, M. If I can ask Mr. Brooks a question. If if we were to defer this, what would be your hopes of a middle ground between your clients and the applicants?
>> Um, if we were to defer this, we would go to the applicant with the decibel readings that paddle results in. there's a range and we'll show them that range. We'll show them the 20 ft and we'll show them we can hear it at so many decibels at our house and we'll ask them
>> what but my question was to you >> there's one giant golf course there to move these paddle ball courts away from >> Mr. Brooks you're a government attorney a municipal attorney so you understand that I'm asking you the right question >> I'm sorry and so and so my question to
to you respectfully was if we give the appellent an opportunity to go and and negotiate with the applicant. What would be the desired outcome? What would be in a perfect situation
uh the desired outcome? >> Can I ask can answer two ways procedurally and substantively? We would ask for mediation with a mediator. The result to come out would be a mediated result we both live with where no one's completely happy. If it
was without mediation, we would ask them to move the paddle courts away from this location somewhere else on their vast golf course property, which is hundreds of acres somewhere else. So that's so that's not an issue with
the amount of feet because from from from reading this you had an issue with the distance um you know how set back it was uh whether whether whether the setback was sufficient or not. You want >> if we're just talking distance then 20
ft is insufficient and we want more. How much more I don't know. But you're but but but what you're saying is that your desired outcome from a from a deferral would be not for them to set it back more is for them to now get this and put
this in another location on the site. If it's going to be a setback distance, we would take the decibb and move keep moving it back with the noise model and find out where that noise model drops the decibb down to where we can't hear it from our backyard or from our house
or our bedroom. No, >> he's asking me as a lawyer. >> Oh, sorry. >> I don't >> And and so >> I just don't see how a deferral is I don't see how this hurts anyone. I mean, what do we got to lose? And they got to
>> Well, process there's process to be respected and you know, was there a reasonable was there a reasonable evidentiary basis for the board to come to its conclusion? Right. >> Right. And and to put a finer point on
that >> and and did that exist >> the the ev the evidentiary question is was there competent substantial evidence to support the board's finding that the that the various criteria were satisfied? >> Are you able to give your opinion if
those three things are met? >> Well, I'm I'm here as your as the commission's council right on on procedure and on the on the standard of review. I'm I'm in an unusual position today. You're more wellversed than this. >> Mr. Alexander from my office is is
representing the the the position that staff took to the board and that the board accepted. >> So your legal opinion is that all three of these criteria that need to be met have been met. >> Yes. Yes. We are asking to order opinion. >> Yes.
>> You don't represent Legorce. You don't represent >> I represent the design review board. >> Yeah. And what what is your interpretation if that is met? Because yes, he represents the design review board. You do not.
You're our liaison. >> Right. So I I can tell you just just you know having having handled these cases in the past um that the the standard of review as to the evidence is is
generally it's very differential to the decision of our land use boards. the the courts look at whether the board's decisions were supported um by by competent substantial evidence at all. It's not the commission's role here to
reweigh the evidence that was presented uh to the board, but rather to determine whether there was any evidence in the record at all that was competent and substantial. Since the focus of the discussion has been about the location of the Patel courts, I've pointed you to
a couple of the criteria. um that that the board considered and found were satisfied and there's there's analysis in your um in the in the staff report that was presented to the DRB that's part of the record that supported the DRB. >> And what is your thought if after
hearing this evidence and analysis, I'm confident that the DRB's decision should be upheld. However, in good faith, perhaps the two parties could find something
mutually agreeable in the next month. Does does our support of some sort of I don't even want to say deferral, but just allowing them one more month before we hear this again. Does that give any indication? Can I say yes? I I I will
vote to uphold this. Um but if you want another month to go and discuss uh >> I think that um >> we haven't even asked the petitioner if you would even be interested in I think that that that that that might make sense if the parties both if council to
the parties both express that they you know would like that opportunity before but I think otherwise um if the if each you know if if each of you sort of know where you're leaning it it might be worthwhile to to take a vote on the on the merits and and then you know whoever
is agrieved by that decision can can see >> I'll lay it on the table. I'm going to vote to uphold the DRB's order. If the two parties want to sit here and say we would like another few weeks to discuss, I'm fine to vote on this in another
month. If the two parties would even go above and beyond and say, you know what, take your vote about whether the DRB order should be upheld or not. Regardless of what that outcome is, as neighbors and good partners, we're still going to discuss. If there's something
mutually agreeable, that'd be great as well. Um, but that's where I'm at. I I will both uh uphold this whether it be at this meeting or the one in another month absent any new information. What? So, so, so, so my question is if we do
what Commissioner Suare is is suggest is suggesting, does that take us out of this appallet framework, you know, where we're considering an an appeal? Does it does it put us now in this bargaining in
a bargaining position? Does it expose us in any way? I think you would only do that if you wanted to give the parties a chance to work something out and then ideally the parties would come before you with an agreed. >> But here we are. So we know one party is willing to negotiate. It seems to me
that one party would might be inclined to negotiate. Do we know if the other party is willing to negotiate? I >> we should ask Mr. Penn who's been very quiet during this. I mean the bottom line is there is no
basis for this appeal legally legal basis for this appeal. Obviously we are committed to continuing to work with Mr. Gundday. Um but there is no reason to not uphold the DRB's decision. >> So do you voluntarily agree though? Do
you vol do you as a representative of the applicant voluntarily agree um on your without this board you know being the one saying you have to I just I want to know just just just for my own you
know process here. Are you voluntarily willing to sit down with your neighbor uh in trying to in a neighborly way resolve this this matter? >> Yes.
>> Okay. All right. So, >> you think we should take a vote on this? >> Let's >> wait. But but there's no leverage. There's no there's you can't go into a negotiation knowing that they're the deck the deck is stacked. I mean, that's
ridiculous. Just hey, look, if you're willing, if if Loris, >> okay, is willing to come to the table and talk to the the affected property owner, >> then do that and then come back to us and then we'll vote as it is. But I don't think we should be giving away our votes now. Then it kind of just kind of
dilutes their negotiating power. >> But this isn't about giving them negotiating power. >> I understand that. >> This is about evidence. Just yes or no, black and white, >> right? >> Mr. gun day will have the opportunity to to file a lawsuit if if uh if this commission upholds the BRDB decision
which is what the normal course of events and in that process obviously that's where another opportunity for negotiation >> and and our goal is to avoid lawsuits I mean everything that we do we try to be conservative when it comes to that if we
can have 30 days for you guys to come to an agreement that that's beneficial for everyone I don't see what the big deal about that is I for one don't think there was enough evidence in the case um alone you know I'm just one vote but I think we can all agree that giving a
month for there to be a you know a a hopefully a good outcome for everyone I don't I don't see I don't know why you're prancing around Graham but just I'm trying to talk to you and you're giving me your back >> I know I apologize I and I apologize for prancing as well the uh the uh I
understand what you're saying look I I I As far as we're concerned, there's a there's a set of legal requirements for this appeal that clearly have not been met. Now, and if you're talking about leverage, I mean, to be candid, >> maybe leverage is maybe leverage was the
bad word. I think just in good faith. Okay, let's let's it the the decision is sort of unknown. And so when you guys go to the to when you guys talk, you know, you're talking in good faith, okay? not when hey you know we don't really agree
with this we have the votes anyways so you know we don't meeting we're just meeting with you because it's a formality I don't want that to happen so look there's a a vote for a deferral and a second I'd like to just we don't need to waste any more time on this let's
call a vote >> so this is to defer to the commission meeting of May 20th have a motion by commissioner Suarez seconded by commissioner Fernandez all in favor of deferring this item to May 20 20th. Please say I. >> I. >> Anyone opposed? >> The >> No, I'm opposed.
>> So I have one no from Commissioner Mat Selenas >> and one no from Commissioner Magazine >> and one from me >> and one from Commissioner Bot. Motion passes 43. The item is deferred
to May 20th. >> We'll see what we can do. See you next month. Can I just um >> I assume on May 20th we're not going to go through all the presentations again. We're just going to find out an update. >> That's correct. And and and if and and my recommendation to the commission
would be if if there is no agreement between the parties to take a vote on the merits and then whoever is agrieved by that can seek review. >> But basically saying it'll be a pretty quick it'll be we took obviously a lot of time. >> We hope we won't need a hearing on the 20th. >> Okay. Thank you. >> Thank you. >> Thank you. These guys will by the hour.
Of course they're fine. It was a pleasure presenting your state. >> You making fun of lawyers. >> It's fair. I do too sometimes. Um, okay. R5 Ah, there's a number of items that kind of
related. Um, want me to read them all? >> Sure. >> Okay. So, I'm going to read R5 Ah, AI, AJ. I'm also going to include R7A and R7W. If we could do everything right now under R5 AH.
So R5 AH is an ordinance of the mayor and city commission of the city of Miami Beach, Florida, amending chapter 78 of the Miami Beach city code entitled personnel by amending article 5 entitled classified employees leave by amending section 78-282 entitled definitions clarifying the
definition of immediate family by eliminating duplicate duplicative language by amending section 78-285 to allow service members to cash out on hours accured in excess of the carry forward cap otherwise forfeited as a result of active military duty by
amending section 78-286 to increase the cap on the maximum amount of annual leave hours that may be acred from 500 to 600 hours retroactive to December 31st, 2025 by amending section 78-290 subjecting paid holidays to collective
bargaining provisions governing holiday pay if applicable. Amending section 78-292 to authorize transfer of part or all of acred leave to an employes's 457b account upon retirement, resignation, termination, or death and authorize the
use of acred leave to be used to extinguish a debt owed to the city such as reimbursement of overpayments through payroll or unpaid insurance premium repealing all ordinances in conflict with this ordinance and further providing for severability clarification and an effective date. That's R5H. It is
a first reading public hearing. The next item is R5 AI. It is an ordinance of the mayor, city commission of the city of Miami Beach Florida, amending chapter 78 of the Miami Beach city code entitled personnel by amending article 4 entitled unclassified employee leave by amending section 78-181 entitled definitions
clarifying the definition of immediate family by eliminating duplicative language by amending section 78-182 to allow service members to cash out on hours accured in excess of the carry forward cap otherwise forfeited as a result of the active military duty by amending section 78-183 to increase the
cap of maximum amount of annual leave hours that may be accured from 500 to 600 hours retroactive to December 31st, 2025 amending section 78-189 to authorizes a transfer or part or all acred leave but employees 457b account
upon retirement, resignation, termination or death and authorize the use of acred leave to be used to extinguish a debt owed to the city such as reimbursement over payments through payroll or unpaid insurance premium repealing all ordinances in conflict with this ordinance and further providing for severability cification.
and effective date. That was R5 AI. That's a first reading public hearing. The next item is R5 AJ. It is an ordinance of the mayor, city commissioner of the city of Miami Beach, Florida, amending the Miami Beach employees retirement plan created by ordinance number two 2006-3504
as subsequently amended by amending sections 2, three, four, and five to correct errors in the internal cross referencing to increase the draw participate participation period for members in the ask me bargaining unit from 5 to 8 years to allow for the remployment of retirees after a period of separation of at least 6 months
continued receipt of a retirement allowance during the during employment. and foregoing eligibility to rejoin the plan and by creating a new section 16 of the plan to allow employees participating in the defined contribution system to join the plan. Invest in the current schedule of benefits after 5 years of credible
service repeating all ordinances in conflict there with and providing for an effective date that is item R5 AJ that is first reading public hearing. The next two items are resolution. It is item R7A. It is ratified three-year labor agreement with ASME May 1st, 2025
to April 30th, 2028. That is a public hearing. And the last item is R7W public hearing ratified three-year labor agreement with the C.WA October 1st, 2024 to September 30th, 2027. >> I move the items. >> Mark and Marlo waited all day for this.
>> Hold on. >> I'll second. I don't Commissioner Bot. >> So I have a mo so I have a motion by Commissioner Fernandez, seconded by >> Commissioner Bot. It is a public hearing. All of them are public hearings. I see no one in the audience
and I see no one in Zoom requesting to to speak. Ralph, I I guess uh just for the first one, not the C.WA um and the other union, but for the first one, is there any financial or
fiscal impact? >> No, sir. >> That's a quick synopsis. >> Quicker than the title reading. My goodness. >> So, I'll take the vote fast then. So, it's I'm going to take the vote on the roll as a roll call because they're ordinances. Commissioner Mattel Selenas.
>> Yes. >> They're for all the items. Commissioner Bot, >> yes. >> Last Mayor Dominguez, >> yes. >> Commissioner Suarez is absent. >> Commissioner Fernandez, >> yes. >> Commissioner Magazine, >> yes. >> Mayor Miner,
>> yes. >> The item is approved. R5 AH will have second reading public hearings on May 20th. >> The resolutions are approved. Commissioner Suarez is a yes on all three. >> All five.
Okay. >> Thank you. >> Thank you. >> Thank you very much, Mr. Mayor. >> Looks like it goes fast, but there's a lot of work that goes in behind that. I see Eric nodding. So, thank you for all that hard work. Um, there's a couple items that had been on previous agenda
been pulled. They're referrals to committees. Let's see if we can get that done. R9F, give me one second. R9F is a referral to public safety neighborhood quality of life committee how to improve artist vendor program R9F
like >> I pull that um I wanted to see if we can also do a dual referral to uh land use. >> Sure. >> Thank you. Let me just ask um is there a way to have a meeting of the two committees
together to discuss this? Because sometimes what happens is that one committee discusses something and gives one track. Another committee might discuss something and take it a different track and might be is there a way that the two committees can meet at the same time. >> Can we do sunshine meeting together? I'll make sure that we could do it the
same month or the same, you know, so whenever it gets referred to neighborhoods, I'll also have it on the same agenda for uh land use. >> Oh, why don't we just send it to land use? >> Monica, >> well, I'm not on land use. So, >> all right.
>> May 13th to go May 13th. >> May 13thish is apparently when it's going to be okay. May May meeting >> um >> land use >> I have um work that I have to be through on May 14th. So I don't think I I don't know if I could be there for for May 13th.
>> The following month is fine. >> Yeah, I'm out that whole month too. And not that whole month, that whole week. >> If for the record, if if it helps, but according to my notes, there's two meetings of public safety May 13 and May 27th and land use is May 26. So you can
technically have it one day apart. not just >> Okay. >> Okay. >> So, >> that's okay with the sponsor. >> Yep. >> So, public safety would be May 27th. Land use would be May 26th. >> Ralph, you save the day. >> You Thank you. >> So, May 26 27.
>> Okay. So, that was R9F. So, all I'm sorry, can I have a motion on that? >> Moved. Second. >> Motion by Commissioner Fernandez, seconded by Commissioner Suarez. All in favor of the dual referral, please say I. >> I opposed. Hearing none. R9F is referred
to public safety and land use. >> Just for for you in the audience, I want to make sure you understand what's going on with this because you've been here and some of your colleagues have been here month after month. So, it had been on the commission agenda a couple times ago. It got pulled, but it never got
discussed. So, it couldn't get voted on. So now we discussed the fact that yes, we do want to hear it, but we want to hear it to at two committees, not just one. And so that's what we just agreed on. So it'll be heard at the two committees at the end of May, May 26th and May 27th with the idea of um
discussing how to make this program better. So progress has been made. >> You can call my office to get the times if if you don't know them. >> Thank you. Let's call the next do. Let's call the vote. >> I did. Okay, great. R9G.
>> R9G is a referral to public safety. Implement blue light safety emergency communication system on 41st Street. >> Commissioner Bots item does do you have there? Who pulled it? >> Go back. >> Does anybody remember? >> I would love to co-sponsor.
>> Watch it'll be me after I ask. >> Huh? >> I said watch it'll be me. >> I think it's a great idea. >> Is it me then? I don't think I plan anyways. I'll just move it. >> Yeah. Second. >> Yep. Great. Awesome. Okay. >> So, Commissioner Suarez moves it and I
heard a second from the mayor. Is that correct or no? >> Yes, from the mayor. >> Yeah. >> R9G is a referral to public safety. All in favor, please say I. >> I. >> Anyone opposed? R9G is referred. >> R9H.
>> R9H is a referral to public safety. Enhanced beachwalk lighting south of Fifth. Add tree lighting. Three lights near South. >> I move it. >> That's my item. Yeah. >> Exactly. >> Who pulled it?
>> Late. >> Oh, it's late. Okay. >> No, >> it wouldn't it would not have been late. >> No, >> cuz if I call No, if it doesn't make it on in time, then it goes through the addendum. So, >> this what number, please? R9H.
>> Separated by Commissioner Suarez. Okay, I think I probably pulled this for just wanted maybe I was confused, but I just want to make sure that this doesn't affect the the sea turtles as far as lighting goes cuz it's on the beachwalk. >> Um maybe that's why I I pulled it. So
anyways, I'm I'm okay with it going to >> a referral. We'll hash out in committee. Um obviously there my intent is not to sea turtles. Um, so I fully support them and we would make sure that that would be protected when it when we discuss on committee. >> Yeah. I mean, I think not to speak for
Commissioner Matteo Selenas, but I know I did a a park walkth through with um some residents and lighting came up because I made reference to the fact that Monaco is already working on this and Amy was on the the walk with us and we had pretty robust conversations about how, you know, we need to mitigate and
what the all the options are. So, everyone is on that that same page. >> Cool. Yeah, whenever it comes to I you guys know I'm the sea turtle guy. So, when it comes to lighting at night, it's it's um maybe I pulled it for I thought it was coming up for a vote or something
like that. >> So, R9H, I need a motion, please. >> I move it. >> Second. >> Have a motion by Commissioner Bot, seconded by Commissioner Mattel Selenas. All in favor of the referral on R9H, please say I. I. >> Anyone opposed? Hearing none, R9H is
referred to the public safety committee. R5 A >> R5 AG is a north of the mayor city commission of city of Miami Beach Florida amending chapter 106 of the code of the city of Miami Beach entitled traffic and vehicles article 2 entitled metered parking division one entitled
generally section 106-47 thereof commercial and passenger curb loading zone hours deliveries to modify clarif modify and clarify requirements applicable to the use of freight commercial and passenger loading zones and providing for repealer clarification and an effective date. This is R5 A. It
is a first reading. >> Commissioner Fernandez, co-sponsored by Commission Commissioner Dominguez, Bot and Suarez. Uh thank you, Mr. Mayor. Uh this is a this is building upon a conversation uh that we had back in March and March and it actually builds
upon the very substantive conversation we had this morning about um commercial loading zones um and people just parking on our our streets, trucks stopping wherever they want, blocking lanes, disrupting traffic and creating safety
risk. It is a daily frustration as we discussed at NH this this morning for for residents and for business alike. So the ordinance um that we have before us uh this proposal updates our freight, commercial and passenger loading zone rules to strengthen enforcement and
improve overall uh traffic flow. The first penalty um first the penalties are significantly increased instead of a warning for a first violation. uh when it comes to the freight loading zones, violators would now face a $1,000
uh fine. Uh second offenses would go up from $150 to $5,000. And in cases where where um an illegal stop actually obstructs a travel lane and disrupts traffic, uh the special
magistrate would be able to issue a a $15,000 penalty. And these are violations that uh that that bring traffic to a standstill that affect public safety that affect the quality of life of our residents. They force drivers into
sudden lane changes which are dangerous. They create uh dangerous conditions for pedestrians and cyclists. Um and this ordinance uh treats these violations with the seriousness that they deserves. Um so uh so so that's the item that's
that's before us. Again, we discussed this at naution this this morning. The severe impacts that this has on the on the quality of life of our residents and it's why we're going ahead and imposing these very strict penalties that didn't
exist before. And with that, I move my item. >> Thank you. I'd like to offer an amendment to the item and I will share with you um what I'm proposing and the amendment basically states that the freight
loading zone beginning July 1st would be in effect Monday through Saturday 7:00 a.m. The three maximum allow allowable time to park in the commercial or freight zone is 30 minutes and uh it's unlaw unlawful for anybody and it goes
on through here. I'll pass it down. >> So this is uh so let me see. So uh this would be to create a uniformity commissioner. >> Correct. >> Okay. So, so, so instead of having different times, what you're saying is >> and different days cuz in some it says
uh Sundays or and the other is Sundays are not allowed. If there's one thing that's really tight in our city is access to parking and I want to make sure that um Sundays of residents have access to park and loading zones aren't
traditionally used as much. Um, and the hours 7 7 to 3 seemed fair. If it were up to me, it seems it would be 7 to 11. Um, but after several conversations, I was told 1 or 3:00 is better. Um, and then that way residents still have
access to park in those spots after 3:00. >> I think that's great. I mean, one of the one of the challenges that I think uh that our residents have and that even people who are not our residents who come into our city is the inconsistency. You go to to to one freight loading zone, it might be up to 11:00. You go
into another freight loading zone, it might be to 1:00. You go to another freight loading zone, it might be to 3:00. And that inconsistency and the hours create confusions not only for the people coming into our city, but also for the delivery industry that cannot
rely on, you know, on on on knowing for certain what are the hours for these loading zones. I think other cities do this already. I think there are cities that already have uh consistent set schedule and to the extent that other cities are doing this,
I don't see I don't see why why why it would be a problem for us uh to to to establish this. I actually like this amendment and I would accept it as a friendly amendment. >> Okay, then I'll I'll second it with the amendment. It is it is a public hearing
>> vote or >> uh is there anyone in the audience who wishes to speak? I see no one on Zoom. >> May I call the RO? Call the RO. So as amended R5 AG. Commissioner Bot
>> as amend. As amended. Yes. >> Commissioner Suarez. >> Yes. As amended. >> Commissioner Fernandez. >> Yes. >> Commissioner Mattel Selenas. >> Yes. Vice Mayor Dominguez, >> yes. >> Commissioner Magazine, >> yes. >> Yes.
>> Motion is the item is approved as amended. Second reading public hearing is scheduled for May 20th. >> That was item R5 AG. >> And I and I just want to make sure just just for the record, Mr. Attorney, this would establish just so that I want to make sure I I understand the amendment
right. The amendment to that that Vice Mayor Dominguez presented would create would say throughout the city all freight loading zones these are the designated hours unless otherwise changed by the commission by resolution.
>> I I I believe it would require a subsequent ordinance but we can work with comm with vice mayor Dominguez on that for second reading. is what I'm reading here. The creation of a new freight loading or commercial loading zone or elimination of an existing freight loading zone shall be accompanied by resolution of the city
commission >> adding or removing a zone but the hours. So is it the will of the commission that it be by resolution or by ordinance to change the hours? >> Okay. So okay in in essence we are setting the these hours by legislation and the hours would only be changed by
by legislation so that we give the public consistency and predictability. >> Right. Okay. >> And just to clarify the hours would be changed by ordinance but the designated zones could be changed by resolution to give you more flexibility. Mr. question. >> Commissioner Mateo Selenus,
>> I just want to clarify that the um in this amendment the um >> um loading zones, it's the freight and the commercial loading zones or just freight >> freight and commercial. >> Okay. So, it is both of them. Okay.
Thank you. >> Thank you, Madam Vice May. I really appreciate this. I think I think this makes the ordinance better. So, thank you so much, >> Mayor. I've been informed that there is no May 27th public safety and Commissioner SW uh Commissioner uh
Fernandez will be out also May 27th. >> What? >> I just want to put for the record that Vice Mayor Dominguez knew my travel schedule better than myself. >> Does that happen? >> On May 27th, >> the May 27th, Commissioner Fernandez will be out. Is that a commission
meeting? >> No. No. This is that public safety neighborhood meeting that uh that we were moving the the dual >> backto-back meetings >> land use and public safety. >> Does that change anything or just >> I'm sorry. >> Do one at the end of May and the next
one in the beginning of June and then come back to the commission because the June loan >> the June neighborhoods meeting will still be before the commission meeting. So we'll have time to marry them in theory for first meeting. Yeah. >> Well, wouldn't we want to bring this
back in May? >> Don't we want to get this done for May? The May meeting on the 20th? >> It doesn't look like it's going to be >> I can put it on the on our next uh public safety meeting, whatever it is. >> So, it'll be the 13th. >> Yeah, sure. >> I can be here. >> No, I'm going to be here May 13th. I
leave. >> Madam Vice Mayor, when do I leave town? May 23rd. Oh, there we go. May 23rd. >> The world now knows your travel plans. Oh, thank you. Um, but >> but are you still set for the May 26th land use meeting?
>> The problem is you want to bring it to the May Thank you. You want to bring it to the May 20th meeting, but if the land use is not going to hear it till May 26th, >> I I can I can What do you guys need me to do? You need >> You have an earlier meeting. >> Land use. >> When's our When's the next land use meeting? >> Why don't we have a land Why don't we
have >> April 2. What's the next date? >> May 26, according to my list. >> At land use. >> Land use is the next meeting we April 1st you had one and then the next one it seems to be May 12th. >> There's no there's no land use meeting April. That's right. I think was one of the months that was
>> why don't we try to have a joint sunshine meeting if someone's mentioned that and uh you know the wisdom of the ladies on the day they I think they mentioned that and then us boys we got in the way of their wisdom. What do we that way we can >> gee that that never happens.
>> Maybe we just do an artist vendor sunshine meeting. >> Yeah. Why don't we do that? Are you cool with that? Yeah. >> And then we bring the outcome of that >> Yeah. >> to uh to back to the commission. >> Um let me think about that. Can we can we give me a five minutes to think about that?
>> I mean is it is it that bad if it comes back to the June meeting if you hear it at loose? >> I can we just can we just go as as normal? I you know I don't want to give special privileges, >> you know. I mean, but we all have the same seat at the table anyway, you know, when it comes to
>> we are >> we all have the same seat at the table when it comes to having a sunshine meeting and then when it comes back to commission. So, committees are good, but we're all going to have to come back to the meeting to have the same. >> I don't mind having a sunshine meeting and then having it flushed out fully at
at a land use meeting or neighborhoods meeting, >> whatever you guys want. Like I I >> Yeah, but yeah, I'm sorry. >> Commissioner and I were having a moment and land use and come back in June. >> Okay, sounds good.
>> We're going to keep it at the public safety meeting for May 13th, land use at May 26th and we'll come to the June commission meeting. >> The loading zones? >> No, this is the artist vendor. >> Artist vendor. Okay, everyone okay with that? Okay, R7V.
R7V is approve terms amend uh amendment one lease agreement with RK Ravani 1691 Michigan >> Commissioner Magazine. >> Yeah, thank you Mr. Mayor. An opportunity the city has in front of it uh I'm very excited about. Uh as I
>> whatever imagine a lot of my colleagues are as well. Um, we have made tremendous strides in economic development. In fact, for the first time ever, we have four publicly traded companies headquartered in Miami Beach, right?
Four, we are creating a real economy for real people with high-paying jobs. Um, part of that is our office inventory that is uh incredibly incredibly slim. Uh we actually are well positioned where we have uh an asset that is on city own
land that we have a lease for. Uh the current owner of the office building um he bought this uh several years ago. He's put I believe $50 to $60 million of capital uh improvements into the
project. Uh I'm going to use round numbers. Azie or the sponsor. Please correct me if I'm uh if I'm off, but you inherited or bought the property and the occupancy for the property was about 35 to 40%. Uh that tenency is now up to 80
to 90% um with indication will move even higher. Uh the rents have either tripled or quadrupled and that's direct money that's coming into the city. One of the things uh that is part of this lease is the city not only receives rent payments
from uh a base rent payment from the owner of the office building, but we essentially also share in the upside because we get a uh percentage of the gross revenues that come into the project. Uh because of the success of this project and because of our
continued and enhanced demand to diversify our economy, uh the uh office owner came to us and said, "I will make an additional $50 million investment not into his asset, into our asset, right, that we ultimately own. Uh however, I'm
going to need an extension on my lease terms to essentially be able to finance it." And that's what we have here. Um, but this was a great opportunity to re-evaluate not just what happens 60 years from now when that lease is set to expire, but Azie, you were able to run,
I saw it with my own two eyes, very hard yet fair uh negotiation that really is going to benefit our taxpayers uh not 60 years from now, but actually as soon as this project starts getting uh uh completed. Um, so do you want to
summarize kind of very high level what we're looking at, where this is going, what the process is going to be? Um, I believe that this will still need to go to FK to iron out. We're essentially maybe at the 5 yard line, maybe even the
2 yard line. FK will iron out the last final details and then it'll come back to commission for a final approval before being sent to uh voter referendum in November. >> Yes. Thank you, Commissioner. Um, Azie Dominguez, division director of asset
management. So, as the commissioner was saying, we have been in discussions and negotiations with the Ravani group for probably a couple of months now, and this is a very exciting project. Uh, we've made a lot of strides. They uh there's there's just two material terms
right now that we are polishing up, and we are confident that we're going to have that wrapped up by the end of this week and bring that back to FK uh in May. be able to go back to commission at the end of May and June and then referendum in uh in November. Uh but all
of the other terms I believe that we have agreed to. They did request two additional extensions of 20 years each. Uh and then there's a series of public benefits that have also been presented. So we're very excited about the the package, but we are at the 2D line right now. And I'll leave it either to my
colleagues or the city manager if we want to get into the details of this uh since we are referring it to FK and it'll come back here uh if we just want highle uh highlights or we just want to procedurally send it to FK um and kind of speed through the agenda. I'll leave
that up to you all. Vice Mayor Dominguez comment. Okay. Um thank you. This is such an exciting project. I've had the opportunity to get a hard hat tour and it's beautiful and more to come. So I can't wait for it to be finished. I love the terms. I read through it and I just
have one tweak. Uh it says 10,000 a year for the senior meals programs. The word meals should be taken out. It's for senior programs. Okay. >> But I think this is terrific. It's going to be such a wonderful asset in our city on Lincoln Road. Um and I'm very
excited. >> Wonderful. Thank you. >> Do we have any uh visuals of the capital improvements that are being contemplated? Uh, yes. Did you line up any of the visuals with PJ? Sorry, I >> No, we didn't submit a presentation.
>> We We didn't submit a presentation out of respect for your time today. Uh, but we didn't expect I I It's just tremendously impressive and exciting. >> I think they're attached to the agenda. >> It was more for the public, but uh we can do that in due time. >> M Mr. Mayor,
>> Commissioner Bach >> Aussie, can you just give us a very topline summary of the two kind of sticking points so we know what we're looking forward to? >> Yes. So, we are discussing the uh the rental structure right now. They currently pay us uh a base rent plus
2.5% of sales. Uh our discussions are to increase that base rent. Their base rent schedule right now is on a five-year cumulative cycle where every five years they it increases by the lesser of CPI or 12%. That pro that that uh
calculation will continue. However, what the city is asking for is that once the new project phase 2 as we're referring to it uh is coed and and they have a 12-month period for buildout that we increase that current minimum rent. uh
in our discussions right now are probably somewhere, you know, in in the $500,000 range. Right now, they're paying us about 300,000. So, it'll be a nice bump for city revenue that is guaranteed minimum rent plus the continued 2 and a.5% of gross.
>> And you said there were two issues. >> Yes. And then the the second one is that there are rent resets for that are set in years 50 and 70. Uh and these rent resets are based on market rent analysis. Uh for
in addition to those two rent resets, we've added two more rent resets with the two extension periods that they have requested. The request is to have those rent resets capped. Uh because as their their rent continues to increase, the
value of the property will then uh obviously be a lot greater. and they uh they want to make sure that they still are within an affordable rent compared to the investment that they're making. So, they have requested for us to consider some caps on their on those resets.
>> And that's what you guys are going to be hashing out. >> Correct. >> Okay. Well, I want to echo my colleagues, Robert. I you know, I um have always been impressed with how fully you committed to the city of Miami Beach when you started off in South Beach. Um, and you have been doubling
down and you know it's I admire people who put their money where their mouth is, who actually walk the walk and don't just talk the talk. And it appears that it's your gamble is paying off. Um, and it's good for you obviously, but it's even better for the city. So, um, all I
would say is don't screw it up, man. >> Thank you. I do believe we may have those images uh for PJ if uh the city attorney sent that. >> PJ, thumbs up or thumbs down? >> I can't see his thumbs up.
>> One second. I'm pulling it up now. >> The voice. And again, this is a city-owned asset that we will essentially uh inherit once the lease uh terms are up. >> Correct. >> Do you want to walk us through this?
>> Sure. So, what you're looking at there is the rooftop of what is currently the attached parking garage to the 1691 office building. So the rooftop is currently just surf the parking u mostly empty as you know the rooftop is the least utilized uh level of any parking
garage. Uh and then on the right hand side would be an addition. It's about 36,000 ft of office uh with a 6,000 square ft uh space that would be a flex space for our potential restaurant user. Um, and then you see uh hot topic today, some potential pedal courts on the
rooftop, but they are situated on the other corner of the building away from Palm View, shielded uh from the neighborhood across the street by the two stories of office building above facing Lincoln Road. Uh, so there's not really any residences nearby. Uh, and if we scroll down, I think there's a couple
more images of it, but same view, but essentially this would be converting the rooftop of the parking garage into an addition and an outdoor kind of campus wellness space. >> And this is all being done within the allowable height and F. There's no height or F increase. We're just talking
about an extension of the lease term. >> That is correct. Correct. The building has about 48,000 square ft of floor area available. Uh, and so this is just a better, more efficient use of the building's available square footage than empty parking. >> Incredible. >> Can I say something, >> Commissioner Bot?
>> Um, the renderings are beautiful. The the design is thoughtful and beautiful and evocative of the Miami brand that we want to um support and and um promote. And so I have no comments on design.
I wonder if it's possible without spending a ton of money to just do one of these renderings where it doesn't look like this is in a field of grass in Iowa and have it cited in context because I think that is really telling. I mean, this shows off the beauty of the architecture.
>> Yeah. I'm like, it's like Field of Dreams. If you build it, they will come. I'm looking for Kevin Cosner to come out in his baseball. >> Well, listen, who isn't looking for Kevin Cosner in his baseball uniform? But it's another conversation. Anyhow, >> um, and I don't want you to spend a whole ton of money and it'll take your
architectural firm, you know, five minutes to change out that background just so we can >> I mean, come on. It's like, >> yes. >> Yeah, we got it. It's a very conceptual model and we'll we'll keep building up on it. >> Thank you.
So just in closing, uh we are we're bringing this back to FK on May 6 and then moving forward to commission for first reading and second reading and then continuing on to referendum. >> And to be clear on that, the the points for continuing to tweak will be at FK
May 6 or whatever you just said and first reading and then between first reading and second reading. In theory, that'll be it because then we'll have to lock the terms in order to make the referendum. Is that the correct timing? Our goal is to have everything locked down at in in a final term sheet by uh
the FK meeting. >> So when we by May 6th by >> Oh, by the FK meeting >> by this Friday, actually that's our deadline so that we can make the May 6 uh FK meeting with final terms >> and then we can start drafting. >> Do you have your meetings set up to to hash this out?
>> Yes. >> We're going to walk outside right now and figure it out. >> You need referees. >> We probably will. Okay, >> Joe, get on that. If I may, >> Commissioner Fernandez, >> I think this is so great. Um, and very excited, not just about the work being
done, uh, to the building, the quality, the caliber of the tenants, uh, the economic activity that this brings to, uh, Lincoln Road, the potential, uh, for the corridor. I just think, you know, kudos to you, Commissioner Magazine, uh,
for for for leading on this. One of the questions I have, um, so the, so, so the parking garage right now has about 425 parking spaces. >> 79 or so. Yeah.
>> 719. And after that, after after the rooftop edition is going to have uh how many spaces? >> About 425 would be the minimum. Um, hopefully a bit more, but there's some buffer there to be able to construct the addition, >> right? Yeah.
>> And and what is the projected use of um of those 425 parking spaces? >> So they would satisfy the the uses of the building first would be the office tenants. There would be 100 spaces uh for left for the public which is
currently required by the lease. So it's still public parking. There would still be 100 spaces set aside for public use. Um and that's really it. And >> so, you know, one of the things that I just want to put out there, um, you know, for you all just to consider you,
we had a conversation at the public safety, neighborhood quality of life committee about the parking needs of the convention center hotel, which is a critical economic engine uh for for our convention center and our ability to to
to untap the fullest potential of that convention center is of course this hotel but the employees that there is a uh parking deficiency uh that's going to be anticipated for the employees and you know they're hoping that that all the employees they're that they're either
going to take ride share uh into into the convention center hotel or that they're going to take buses and we all know that you know that expecting all the employees that I think it's like 200 employees at any given time of the hotel to take ride share or buses is I think
an unrealistic expectation and so to the extent that it could be considered how perhaps uh the balance of these parking spaces could be used to help ameliorate uh the concerns and the parking needs of the convention center hotel is something
that I would like to put out there uh through through the sponsor if he's if he's amanable to that. >> Yeah, >> Commissioner, it's great that you brought that up. That's actually one of the public benefits. And I'd like to just um Oh, thank you, Mr. >> Yeah. I I just wanted to add one comment, uh, Commissioner Fernandez,
that they actually reached out to us already the past 48 hours, and we're working on a long-term lease with them to be able to give them more parking spaces. Uh, so it's a win-win for both of us, and I believe we gave 110 parking spaces. >> They raised their their contribution from 100 spaces to 110. They're working directly with Will.
>> Yeah. and and we ran a study because I I had heard it from a lot of the commissioners on concerns about parking. Our parking lot on a monthly basis, the transient parking is only 5% of our parking garage. We maybe get so we have abundant parking to say the least. So, it's uh we're definitely nowhere close to having maximum occupancy in the
parking garage. >> And thank you. Thank you for working uh with the uh with the convention center hotel. uh just how just you know considering the economic impact that your project is going to have on Lincoln Road equally import is also uh is is a
hotel uh and making sure that that they're able to keep their employees is going to be an important endeavor. Uh so so I want to thank you for for working uh with Turnberry on finding finding a solution for that.
>> Absolutely. My pleasure. If if I may build on that. Um >> and I'm glad Will's here because he can talk about what we're doing with the Doville parking lot. Um because the parking garage is going to be open in July. It's going to be open in July. And um uh
construction won't won't be starting for another couple years. So we have this big empty parking lot and it's going to be great. And in the negotiation for the DA, we talked about um the parking for the construction workers will be in the garage. So, they need to use that space so we're not congesting North Beach more than it needs to be. And then no matter
what, we're always going to have x number of spots available to residents. And then during um hurricane or flood events, there won't be uh construction workers there because of the weather. And then when the hotel is open, there won't be guests there because they probably won't be flying in for um for
the hurricane. So um the reason I give you all the background is because there are a lot of net spots that can be managed in a very fluid way which is a very different business model than what it used to be which is third floor iss for this fourth floors for that and fifth floor is for that and it doesn't
matter if one is empty or not empty and I would like you to consider if you wouldn't mind also talking to will about um and will correct me if I get it wrong but my understanding is that David Martin has said yes to this that we are going to be we the city will manage the
parking garage for the Doville. Um they will make all their, you know, market rate parking um money. No one's getting short change, but it gives us the ability to make it a much more flexible and more nimble process so that, you know, we don't have to engage with a
third party vendor saying, "Oh, you know, there's nobody coming in today because it's uh a holiday. So now all of a sudden we have all this um available resident parking or tourist parking." And so it becomes this flexible ecosystem where you don't have to worry about it. You're still making all the
money. We can manage it with resident rates or whatever, but but like it goes through one central agreed to vendor with the agreed to parameters, but you guys don't have to worry about it. >> Yeah. So, two points on that. Right now, we're already housing, I believe, 100 to
150 construction cars for the construction um that's happening at the hotel. So, we've already taken that on and I think in our agreement, we gave our parking spaces for free. So if you want to make a market rate, I'm happy to. >> But we do not want to do that. >> We gave I believe >> we won't backtrack on that.
>> Yeah, we we we threw in 110 for free, not at market rate or at a charge for workforce out. >> So that that's amazing. But what I'm saying is if you have So that's whatever 250 spots and you still have another 150 that are fluid because during the day they're being used by your um your
employees, but at night they're not used at all and they're empty. >> I'm happy to. I have no talking with them to figure that out. >> Perfect. Okay, that would be fantastic. Thanks. >> And thank you uh Mr. Roani. Really a good as you've has been said by my colleagues, you've been an excellent
partner with our city. So we're we're appreciative. It's >> we're we're happy that you're investing in our city, but also working with people who are so uh amendable. Um and thank you, Commissioner Magazine, for working with uh >> a team effort. This is for all of us. >> Okay, let's call a vote. I need a
motion, please. I have a motion by Commissioner Magazine, seconded by Commissioner Fernandez, and it's as amended to include senior programs, >> not senior >> meal programs. >> Okay. R 7B as amended. All in favor, please say I.
>> I. >> Anyone opposed? Hearing none. R7B passes 70. >> Thank you all so much. Thank you. >> Let's try to get through a couple of the items that were Oh, actually, thank you so much. Not up to that yet.
You know what? Let's call uh the boards and committees. So, everyone should have a blue paper. If you don't, let me know and I'll and I'll give one. So the first there we have Commissioner Ba
has nominated Karen Sep Sepsaw to the 2026 Hall of Fame selection committee. There are two seats available, one nominee. If we could do that one by acclamation, please. >> Yes. >> All agree. Right. So Karen is appointed
to the Hall of Fame. Now we have affordable housing. We have one nominee, Charlotte Tomic. Charlotte is also being nominate appointed by the mayor to the Miami Beach Housing Authority. Uh Charlotte is being
nominated at in this point of the agenda to the affordable housing committee. Uh there are two large seats and she qualifies. The one nominee, one appointee, but she's also being nominated for a different position in the housing authority. We're voting just
on this item. >> On this item right now. Yes. >> So, I think we should I I appointed her to the housing authority. Uh obviously subject to commission vote. Um after subject after that, Commissioner Bot nominated her to the affordable housing.
I mean, Charlotte's right here. We can ask her. She can't sit on both. Correct. >> She actually can. >> Oh, yes. >> Are you interested in being on both? >> The housing authority is a state board, >> so it's not subject to >> Okay. the city restrictions.
>> Sure. >> Want to be respectful of your time. Thank you for coming, Charlotte. >> Oh, it's a pleasure. Yeah. No, I would be happy to serve on both if that's >> okay. >> Doable. >> Okay. Thank you. I have I have a question on that. So the seat on the on the housing
authority um was that a seat that was vacant or was it term limit or what was going on with the seat on the housing authority where which Tomic is being appointed is currently held by former mayor Bower. Her term ended January 20th but as this
is a state board term limits. There's a term but there's no term limits. Why? >> So why are we moving her off? I guess is the question
if there are no term limits. >> I mean we often change boards. Um I think Charlotte, why don't you give a little bit of your background? I talk to Charlotte I talk to Charlotte very frequently and she has >> an incredible amount of experience in real estate in marketing and I think has
a lot to offer um to our city and and I think this is an a great opportunity to to move forward with some new ideas and new projects. >> Yeah. Well, I've done a lot of work in the real estate space in uh commercial and residential real estate, and I've
also done work with nonprofits like Homes for All uh that are trying to create more affordable housing uh as a as a state uh initiative as well as my work in public relations. So, I think
that I could combine my skills in both and uh try to help the city get more developers to uh provide affordable housing as part of their, you know, initiatives. And I'd be happy to take on that job if it's available.
>> Thank you. >> Yeah. Okay. So, first I guess we're voting on the affordable housing advisory committee >> and there's two seats available, one nominee. You could do that one by acclamation if you so wished. My acclamation. >> Yep.
>> Great. Okay. Going in order. The next one is animal welfare committee. At the last commission meeting, u an ordinance was adopted allowing uh nonprofit organizations that deal
with animals to also make nominations. So, this is the first nomination made under that category by Soie Cats. They're nominating Aaron Chiron. So one seat is available one nomination animal wear for committee.
So moved to acclamation we could do that one. >> Yeah. Hearing no opposition acclamation on animal welfare committee the board of adjustment. Here we have two seats available. There are three
nominees. So the commission will have to vote for two uh two individuals. Individuals being nominated are Mendel Felig for the financial consultation category, Jeff Cinnamon for the
law/engineering category and Michael Rosen for financial consultation category. Any of those categories are acceptable. Meaning you don't have to deter nominate any >> any of these three individuals qualify. You need to vote for two.
So, board of adjustment. Uh, and you also have a pad if you wish. >> So, Jeff can take the engineer seat and then we have to vote for either Mendele or Michael. >> It doesn't matter what seats because we have enough seats filled already. So, it could be basically treat this as an atlarge. It doesn't matter what category
they're in. They all qualify >> and there's enough room for all of them. And >> there's not a problem because we already have the minimum categories filled. So, you also have a little pad on your desk. If you don't have one, I'll bring you one uh to vote for the two two
individuals. Mendle, Jeff, Michael. Commissioners, you have a pad. We're doing this any two of these. So, this is board of adjustment. They all qualify. I'm sorry. You pick two. There's two seats available. So,
So, I'm going to announce the votes. Commissioner Suarez votes for Mr. Rosen and Mr. Felig. Commissioner Magazine, Mr. Rosen, Mr. Felig,
Mayor Miner, Mr. Felig, Mr. Rosen, Commissioner Mattel Selenas, Mr. Felig, Mr. Cinnamon, Commissioner Dominguez, Mr. uh Mr. Felig,
and Mr. Cinnamon. Commissioner Fernandez, Mr. Felig, and Mr. Cinnamon. Commissioner Bot, Mr. Felig, and Mr. Rosen. We'll verify the votes, but
Mendel Felig has seven votes. Mr. Rosen has four votes. Those are the two majority. So, Mr. Felig and Mr. Rosen. We'll double check the votes accurately, but those are what I have here.
So, Mr. Felig is appointed. Mr. Rosen is appointed for the Cultural Arts Council. We have one seat available and one nominee, Miss Dilliana Alexander. If we could do that by acclamation. >> So moved >> culture als council by acclamation. Yes.
>> So appointed for the Normandy Shores Local Government Neighborhood Improvement uh Committee. They are nominating their own board member. So the Normandy Shores Homeowners Association is nominating Raleigh Hernandez to serve on the board.
You you the commission uh approves their nominee. So by acclamation, may we do so? Yes. >> For the senior affairs committee, uh, Mayor Miner is nominating Estella Lemma Clinger. We have one seat available and
one nominee. >> So moved. >> We could do that by acclamation. Appointing Miss Llinger to the senior affairs committee. So done by acclamation. Now we have
appointments to the housing authority that require approval to the commission. The mayor has not has appointed two individuals that require ratification or approval by the commission. The first one is Maj Kagan. >> So moved.
>> So Mayor So Mayor Miner motion by Commissioner Fernandez, seconded by Mayor Miner. >> All in favor please say I. I. The Charlotte Tomic is uh nominated for
appointment to the housing authority by the mayor. It requires ratification. >> Mr. Mayor, >> Commissioner Fernandez. >> Thank you, Mr. Mayor. Um I have great respect for for Charlotte and and of course I it's it's it's your it's your
appointment and always want to give deference to that. I reached out to Charlotte yesterday because I of course I love the work that Charlotte does in in in in the community. Um I also have great respect for for for Mayor Bower uh
who who I'm sure as as you understand is someone who who I respect a lot who I've worked uh closely with over time and um and she she currently uh holds the seat. Um, you know, one of the things that
that that has been brought to to my attention with regarding Mayor Bower is that she is the only Hispanic member of the housing authority. And it's been brought to to to my attention that that could create a gap in representation and
perspective uh for for for boards that reflects the diversity of of the community. that's that's important for for their trust. And so, you know, and I and I also know that Moch and Maddie have worked very hard. I think MoJ since
2017, Maddie since 2018, they've been serving together and uh I've learned, you know, recently about some of these some of these incredible achievements that they've done together. I think they've secured 306
new section 8 vouchers uh during their time of service. Um they've doubled the section 8 house funding awarded by the federal government. They they're they're working and I think a number of us we were we we've seen the housing facility that they're working on with Vista
Breeze um that's going to be completed by this summer. It's 119 senior apartments that they're going to be completing uh this this summer. They've acquired land to enable the construction of 125 additional
affordable housing units in in Miami Beach. Um they've also worked on comprehensive authorizational operational and organizational improvements um for the long-term success of of the housing authority.
They've br they brought in a new executive director. they've really been working very very hard on the on the housing authority and I and I think that that's that's um Maddie and Moj they've they've been an incredible team there on the housing authority but very important
you know is also making sure that we maintain that diversity that there's at least one Hispanic member uh on the on the housing authority just recognizing that such a significant population of the people who are served by the housing
authority are are also his Hispanic. Um, and so I called Charlotte yesterday out of respect because I I I I love the work that you do. We've always had a great relationship and because of that wasn't going to be able to support uh or vote and vote to ratify the the appointment
at this time. And I just wanted to share with you why it is. Uh because I I also want to give you deference. It's it's your appointment. Uh, and since it has to be ratified by the commission, I wanted to explain to you why I wasn't going to be able to um to to ratify this appointment at this time.
>> Okay. I'll explain my decision uh why I I did this one. I did not I was not aware of what you just mentioned about the uh Hispanic committee members. The first I hear of that I there was there's a few things. Mattie, Mayor Bower has served with such
great distinction. So, I don't I I prefer not to be in a position to have why I'm explaining it, but since you're bringing it up, I'm sort of forced to. There are certain things I've seen. I'll give one example uh that I and I'm not saying it's Mayor Barry. There's a committee. I'm not I'm not even saying
this is directed at her at all, but I felt the committee needed a a realignment and a new direction. For example, when we had the Barclays, the Barclays has been an issue that has has really plagued our city for a long time.
And when we finally put it out to bid and had a had a developer with a reasonable that the housing authority kind of stepped in and really set us back, in my opinion, years um did not do our city well on that on that issue. Um,
I did hear from some of the members as well that the that they felt that the committee needed a new focus and you know sometimes not easy. I don't want to I'm not looking I'm not looking to try to take away from Mattie Bower as she's
she was our mayor. She still serves very actively in many different roles. Um, but it's it's a committee that I am uh tasked with making appointments and sometimes you have to make tough decisions. Maybe sometimes they're a little bit unpopular, but in my opinion,
I feel strongly that this is the best decision for our city and that's why um I didn't I think I again it's someone Charlotte is someone I talk to pretty regularly. If she's not talking to me, she's talking to someone on my team. And
I I I believe and she's always right. You're always talking to me about, hey, why is this building vacant? What can we do to to fill up this? What what needs to be done? And uh Charlotte's literally going around our city very active. And I I just believe is going to bring a a new
blood and new life and new ideas. Um and that's part of my job to make sure that these committees move forward. And I'm I'm actually very comfortable with my decision. >> Sure. Uh Vice Mayor Dominguez. Thank you. And I think Charlotte is terrific
as well and uh she's served on other committees. I also um you know, Maddie Bower has u been such a force in our city and in our history and I know that
she fights and adores this particular committee. We're all going to be formers one day. And I feel out of respect for Maddie, she deserves to be on this committee. And if a new direction was
something that this committee needs, there are other people that could have been uh looked at where Charlotte could have been appointed in their place. Um, but out of respect for everything Maddie
has championed in our city, I think she should have uh been notified or had a conversation. I think it's a big deal. Um, and no, I'm sorry to cut in, but no taking away. I'm going to cut in ter Let
me cut in. Mayor, it's not my role. Mayor Bower never reached out to me. Um, and and by the way, that's not why I made this decision, but I'm just saying it's it's on the incumbent on the person who's seeking the position uh to express interest. And I I I never got I never
got that. So, I'm just saying I think it's I think it's more than than one one way. >> Let's call a vote. >> What are we voting on? >> So, the housing committee, I make appointments. They It's solely in my
discretion, authority to make the appointment, but it needs to be ratified. Picture >> So, it's not like there's a competing interest in the world. >> They can't be and they can't you you can't nominate anybody. Picture a Supreme Court justice example. I'm not trying to compare myself to a president
of the United States, but the president makes nominations for cabinet positions or the Supreme Court justices and Congress can't come in with someone else. They either ratify or they reject. So that's that's pretty much the situation we're in here. >> So we could do it. All in favor? We
could do it. >> Sure. >> So all in favor? So, can I just ask for clarification if currently is Maddie not on and she would need to be reappointed or um if
Charlotte is um appointed then Maddie drops off. >> So, the way this works, if I may, uh the housing authority has terms. Mayor Bow's term ended January 20th, but
until someone else is appointed, the holdover person stays. So if no one is appointed today, Mayor Bau would stay for an additional month. If if if they are if the vote is ratified for Miss Tomic, as soon as the oath is done,
Mayor Ba would be leaving. >> Yeah. I mean, I I think we I mean, Charlotte knows that. I think the world of her because we met when I was first running for office and and um hit it off like a actually before that at MBU um and hit it off like a a house of fire.
So to me this is an opportunity to have two really strong committed women um supporting something that is so important to us. And I would I would love to see Charlotte and which is why as you and I talked about nominated you
to the um the housing um affordable housing committee because that that way we can have a better kind of union between the two and and build something that is stronger than it's ever been. And so I would love to see that for a year and then see where we go from
there. That's that's what my wish would be. What's that? >> Let's call the vote. >> All in favor of confirming the appointment of Charlotte Tomic to the housing authority, please say I.
>> I. >> Any opposed? >> Opposed. Opposed. >> So I hear opposition from Commissioner Fernandez. Opposition from uh Matteo Selenas and opposition from Commissioner Dominguez
>> and for me >> and bought. So that is four the uh the nomination the appointment is not confirmed. >> Charlotte, thank you for uh submitting your name. I I I think this was a disservice to our city today. Um, I
think you would have brought in some new ideas and new blood to uh to an to a uh committee that I know works hard but really does need some new direction. So, mayor, I it's been brought to my attention that for the board of adjustment, it requires five affirmative votes to appoint someone. Mr. Felic had
seven votes. It was unanimous, but the the two indivi the other two individuals did not reach the five votes. So, I would require a vote of Mr. Cinnamon and Mr. votes to see if we can get to the five votes. >> I'll support on Mr. Rosen.
>> So, if that's the case, just so we have uh Mr. Rosen was Commissioner Suarez. Uh Mr. Rosen was Commissioner Magazine. >> Uh Mr. Rosen was comm
uh >> let's see. Commissioner Bot is who? >> So, Mr. Rosen. So, you're So, we got Mr. Rosen. So, I'm sorry. Can you I got lost there somewhere. So, Commissioner Fernandez, you're moving it to who?
>> Uh, from Cinnamon to Rosen. >> That would take us to five. >> I But I just asked you about this vote and I wanted to reconsider. >> Okay. So, you want to move your vote >> to Cinnamon? I'm sorry. >> Okay. So, then let's take a vote, but >> then that leaves us with nobody.
Well, other people can can reconsider as well. >> Okay. So, why don't we write it on the piece of paper and we'll So, you have Mr. Cinnamon and Mr. Rosen. To get appointed, you need five sound like an AI.
>> I wouldn't know. I don't use it. Okay. >> So, >> I know we're going back on this. I mean, I have some I respect Mayor Bower greatly. I have some open spots on my committee. I don't
think she would love the nightlife industry task force. >> It'll be an option to her, but I I have other um I have a police citizens relations committee, uh uh disability access committee. I I know >> on the committee, she
>> Oh, she does. Okay. So, I'm going to uh go over the votes received. Commissioner Mattel Selenus is Mr. Cinnamon. Commissioner Fernandez is Mr. Rosen.
Commissioner Dominguez is Mr. Cinnamon. Commissioner Bot is Mr. Cinnamon. Commissioner Mayor Miner is Mr. Rosen. Commissioner Suarez is Mr. Rosen.
And Commissioner Magazine is Mr. Rosen. 43. We need a five vote. Do you want to? >> So, can we defer this one a month then? And then that way we can all I mean I haven't met with the candidates. I I reviewed their paperwork, but maybe we can do go that route.
>> So, we are going to defer the Jeff Cinnamon, Michael Rosen votes to May 20th and we will send an email to the two candidates requesting that they meet with you. We are done. >> Oh, R9 AF.
R9 AF is discuss take action proposed sanitation commercial impact fees catchup and adjustment options. R9 AF Hey, John. >> Good afternoon, Commissioner. John Norris, public works director.
Bring back this item with some changes that we discussed at the uh last meeting when we bifurcated this separate from the water and sewer impact fees which we passed as a first I'm sorry as a second reading earlier with just CPI increase.
I do have a uh presentation if we could pull it up. It's not a long presentation. All it does is show the actual charts that are shown on the memo that you've received. So, this was what was originally proposed at the last meeting, which
shows the catch up since these have not been increased in about 30 years. The next slide, this one shows splitting up that increase over the next two fiscal years, which would basically soften the blow a
little bit. And then the third chart, this shows actually taking the 0 to 25 unit condominiums and only doing a CPI increase rather
than a catchup moving forward. So what that does, it really softens the blow on the smaller unit buildings, which this does not apply to the 2 to 8 units anymore because they are now on the single family residential contract. So
we're basically talking about the 9 unit to 25 unit buildings would only have a CPI increase and no catchup moving forward. This shows a reduction in revenue over the next two fiscal years. You can see in FY27
we would be losing about 251,000 from the original proposal and then that would compound in 2028 to about $500,000 less revenue. So these are the three options that we have on the table that were kind of
discussed and I'm happy to answer any questions. So, um, through the chair, vice chair. >> Uh, >> yes. >> Thanks. So, John, essentially, you're asking us to catch up on 35 years.
Uh, in a period of how long? >> The original proposal was to catch it up in one year. The second one was in two years. The third one was two years with no catchup for the 0 to 25 units.
>> And this goes on our water bills. This would go on our water bills. >> This would actually come from the solid waste >> bill from the hauler because these are all served by a hauler. If you are a
single family residential customer, then it goes on your water bill for your trash, but these are build directly from the home. >> John, remind me, >> do we have it was actually one of the first items
that we took up uh after being elected. Um what what is the status of a contract with the haulers? So currently we have the residential contract which goes from
single family up to 8 unit buildings as of recently. We are working on negotiations to include nine to 16 units into that contract and we are ready to go out for an RFQ for multiple haulers
for the commercial multifamily contract. So if are you then? >> No, just one second. >> So these are our rates. These aren't the haulers rates. >> These these are our rates. They come back to the city,
>> but then the haulers impose their own rates on top of that. Is that how it works? >> Correct. Yes. There's the haulers rates to haul and dispose of the trash, but this is what and franchise fees come back to the city.
>> Got it. >> So, what specifically do these fees cover? >> These cover specifically they were established to increase the street sweeping program, but they generally they fund sanitation activities within
the city. You know, we're a little unique with our sanitation division where we have a lot more litter pickup and cleaning up around the city, whereas most cities, they're just picking up trash. But, uh, we have quite a bit of activities expanding the pressure
washing and the street sweeping, uh, throughout the city. So the fees that we have whether we stay at the current level >> um or we go to the most modest stepped
up fees cover high impact weekend sanitation activities. So, Memorial Day, Art Basle, the entire month of March, any kind of football or FIFA stuff, which is not a normal
budgeted event because it's stuff that only happens, you know, once every so often. Um, in some cases, it's never happened before, like FIFA. It covers the programs that, um, Commissioner Suarez brought, the gum removal and the
street cleaning for residential. It covers the increased cleaning on Lincoln Road 200 and 300 blocks. It covers um cleaning after who knows what other events in addition
to the regular sanitation maintenance. So restocking the dog poop stations, would that cover not so much? >> Yes, >> maybe >> that that would >> Okay, which is something that most cities don't do. And whenever a resident asks for, you know, there's somebody in
my neighborhood who doesn't have clean up there after their dog, can we have a dog poop station? We put in a trash can and a dog poop station. Um, it covers the things that our residents are expecting us to do because that's what
we've told them we do for them. The problem and I'm just I'm trying to make sure I understand this correctly. The problem is we have been increasing our levels of service quite significantly and have not increased our our revenue
to cover the cost of those services in 35 years. Is that an accurate summation? >> This portion of the revenue I would say. >> So there are other there are other revenue sources for the sanitation division. This is a part of that revenue
stream that funds our sanitation activities. >> So, do the other portions of the fund that cover the entirety of the sanitation activity activities um are have are they going up? Have they gone up?
>> They go up, excuse me, they go up because they are a percentage like franchise fees are a percentage of the commercial waste bill that the customer is getting. So as there increases we do see increased revenue from franchise fees.
>> So we will be having to as we negotiate the contracts we will have increased rates >> from on that portion of the bill. >> No. So there is actually a potential when we go to a multiple hauler type
system if we went with five haulers that's going to create more competition. you could actually see prices go down and that's actually what we're hoping for the property owners in the city. >> So,
you know, I mean, I'm the I'm the one who's like, "What the hell? We haven't raised these in 35 years. Three years ago when we first started talking about things, the economy was not as terrible as it is right now." >> Mhm. So, is there a possibility
that we could do a very modest um increase and then wait until, you know, in a in a short term or well, let me actually let me think about this for a second. Could we actually hold off on this until we negotiate
the waste hauler? Because if there's going to be a savings from having increased competition and then we can increase our our fees, but it's a net zero change for
the residents. That might be the best possible outcome. My recommendation at this point if we're looking at how the commercial contract is going to affect revenues would be to at the bare minimum let's
put a CPI increase on this right now so we don't find ourselves in the same situation in 30 years and then we reassess as we're looking at what the potential revenue change could be from the commercial contract. >> I would be okay with that.
through the vice mayor. >> Yes. >> Um I just wanted to put a little bit of context on this. Um I know it does seem like large numbers, but these are numbers aggregated through buildings
with 26 to 50 units, 51 to 75 units, 76 to 100 units. So the increase that you're talking about is approximately 50 cents per unit monthly um on most of these buildings. So, I'm
just talking about I'm just letting you know sanitation fund has a structural imbalance and I know Jason likes to um identify funds that have structural imbalance meaning that we're providing more service than we're collecting
revenue for on an annual basis and so we are eating into the fund balance to the point where you know in the next couple of years we're going to have some very difficult conversations. Happy to have them. Wouldn't the waste hauler like what Commissioner Bod's saying wouldn't if we had if we had more clarity on
where the waist hauler is then that could potentially affect that fund. Correct. >> Happy to bring it back at that time. I just want to put it >> a footnote on this that this is one of the best ways to address the structural
imbalance in the fund. >> So my my a couple things. one is I would definitely do the CPI now going forward. Like that's just basic bookkeeping. Um and it's wildly irresponsible for us to pretend that that shouldn't have been done 35 years ago. We would not have
been in this mess now. And for us to kick that down the road, I'm not having it uh for myself. Um, second of all, it would be very useful to see these numbers broken out per unit because if it is really 50 cents per unit per
month, that's a pretty different conversation than, you know, $24. The the way people read it, the way I read it, and I've talked about this a bunch of times. I forgot about this. Um, is that it's $24 to my my bill, but it's not. So, I think we need to make sure
that that that is communicated. Um, and I if that is really truly the case that across the board, this is like a 50 cent increase, no matter what size building you live in, except for the smaller ones who are going to be covered separately and so they're not going to have an
increase at all. Then to me, that's a very different conversation than if it's a $24 per month increase. But that means that we need you to, you know, pinky swear that it's 50 cents per unit, you know, in every in in every situation.
So, might it make more sense to do the CPI today and make that go going forward and then bring back this the charts in May and just confirm the math is correct and everybody can see it. And so we we don't have residents having a nervous
breakdown emailing us why we just jacked their their trash bill by $24 a month, which is not what you're saying is not going to be what's happening, but that's the way it's going to be read >> again through the chair. Um so just to
position us um accurately, this is a discussion item. It's not an ordinance. Ultimately, this would have to be done by ordinance. So, this would have to come back two more times no matter what. We're just having the conversation today
to talk about how do we want to position ourselves moving forward. Um, I think there's probably some value in doing some additional breakdown, but we didn't want to um go through that additional step of putting the ordinance
back on if there wasn't an appetite to take that up at this time. >> So, even if we wanted to do the CPI today, we couldn't. It has to wait till the ordinance >> has to come back as an ordinance. So, what I'm getting from this is that you guys have very thoughtfully put this together for us so that we can have a
dress rehearsal for how we're going to have uh handle the water and sewer impact fee discussions. That was a joke. It clearly did not land at all. Okay. So since nobody else is talking
about this, why don't you come back to us with it at CPI increase and the math behind what the the per unit cost will be. Um potentially it's a first reading. I mean
I defer to you guys if you think we can go from this discussion to a first reading and then I mean at the end of the day you know public safety and utilities are the fundamental function of government and if we can't pay for what we're
delivering that's a big problem and we can have all the bells and whistles in the world and fight all the fights that we want about how things get done but if we can't make sure that our trash is picked up um and that our toilets flush when when needed and we can drink clean
water. Um, it's a problem. I mean, I was in New York when they had the trash strike. I can tell you that's not something you want to do. It sucked. >> And if I could correct the record from something I'd said >> the impact fees are actually collected
on the water bill. Jason Green corrected me. So, just want to make that clear. >> I'm sorry. I was busy defending my honor. What was that? Uh Jason corrected me that the impact fees are collected on the water bill, not on the waist hauler bill. Just wanted to correct the record on that. >> Okay. >> Right.
>> So it's the water bill. >> Yes. >> But it's not it's not the big fight that we're going to have on the water bill. It just gets delivered via the water bill. So we're not sending out to >> Right. But it's just another >> Vice Mayor Dominguez. >> Uh I just had a question for the city
attorney. So this needs to come back as an ordinance which normally has a sponsor. Can we put out on on uh the day is today for the sponsor to be the city manager? >> Well, that's something that we need to work on an ordinance to allow for the
manager to place ordinances on the agenda because currently that is not permitted under section 214 2-14. >> Yeah. >> Is that so can we do that? >> Well, one of your colleagues may be working on an item to do that. So, I
expect to see that potentially next month. >> All righty then. >> Commissioner Magazine, >> John, just while we have you and we're talking about uh sanitation, things like that, any quick update on the gum removal and power cleaning process. I
know this was uh an initiative that predated you, right? Um, and as these machines were explained to me at the time, they were so intense and powerful that we couldn't even use them
ourselves. Uh, cuz I volunteered uh to help my time and said, "I I'll go out there and do this." Um, said our public works director at the time said, "Commissioner, we'd love to, but these machines are are so intense, we would
have to do a thorough training." Point being, I would expect to notice them. I am around our city quite often >> and I've never seen one of these machines in usage and anecdotal, but uh
a lot of areas and sidewalks that that I travel and notice that don't seem to be satisfactory. Where where are we at in this gum removal and cleaning program? >> They are in use. I I would like to come back with an update or deliver an update
by email if I could because I don't have exact information. I am confident that you could operate one of the machines. So >> I I think quite literally sign me up too. I love power washing. >> Yeah, this needs to be done. I mean uh
you know down in the uh South Point Drive, I was noticing it. It disgusting, right? That this is like I said, it's a theme I'm going to continue harping on. We have to take better care of the appearance and aesthetics of our city and we brought the tools forward to be
able to do so. I would expect to see these machines quite literally in motion and works 24/7, right? And we could even go as far as when they're not rent them out to other municipalities. We could rent them
out to the Miami DDA or other places that don't want to make that >> residents who don't want to buy one and just use their dry. I I can assure you that the machines are being used and I do a ride around town most mornings where I go in the entertainment district and check everything out around 6:30 to
7:00 and you can see everybody in action. I mean everything is happening as far as keeping the city clean. A lot of pressure washing, a lot of sweeping, a lot of blowing, trash pickup. So, >> and maybe I maybe I just had the wrong perception because of how the machine was presented, but I was like, "Wow,
when I see this in motion, I'm I'm wow." Uh I haven't seen that yet. >> You hang out in the long run. >> Could be. >> So I look forward to the >> Yes, sir. >> All set in action. >> I think the direction is to do CPI plus
bring back the math as a first reading ordinance possibly at the next meeting. >> Yep. >> Yeah, that's my motion. Second. >> So motion by Commissioner Bot to bring
back an ordinance at the next meeting by Commissioner Fernandez. All in favor, please say I. >> I. >> Any opposed? None. Direction is given. 70. >> Congratulations everybody for doing a
hard thing together. >> Awesome. Great advice. >> It's called C7P. C7P accept recommendation bring back ordinance related to water, sewer and storm water rates. C7P was separated by
Commissioner Bot, Commissioner Dominguez, Commissioner Mattel Selenas, and Commissioner Suarez C7P. >> All right, this is we have to talk about it. We this is the elephant in the room. We can
just not bring it to commission and and um when our residents call us because there's a sinkhole where their truck filled in like in North Beach a couple years ago or their living rooms are flooded because the neighborhood
impact project has not been funded because we didn't do this or um we have 18 buildings in North Beach coming up and guess what? Nobody can flush their toilet because we don't have money in the enterprise fund to pay for this. We can kick it down the road another 10
years and the cost that we have now will be inflated by whatever the inflation rate is between now and 10 years. And given the trajectory it's been on from 10 years ago, it's going to be much more expensive. So this is not voting on the
issue today. This is voting on giving us the opportunity to have a robust discussion with materials prepared by staff to talk about what needs to happen and what is the best way to move forward
or if we want to um kick the can down the road for another decade, which is where we are because prior commissions did exactly that. and we will be um doing our community, our our residents,
our hospitals, our businesses a huge disservice. Can you imagine? So, how much is Robert Raani spending on his building? >> Well, he's already putting $50 million in this project. It'll be another 60. >> Okay. So, somebody comes in to invest
$110 million to build class X office space with attendant developer benefits. uh um agreements or agree developer agreement benefits to the community and they are charging top dollar for people
to come in and run their businesses in the super glamorous gorgeous beautifully designed it looks like it's in the Field of Dreams movie building Kevin Cosner again >> maybe you know maybe Kevin Cosner will have a family office here one can hope and they are hosting a client meeting to
close the deal somebody excuses himself to go to the bathroom and and the toilet backs up. How are we going to say that we are a worldclass city, that we are the leaders in this in sustainability and resiliency? Amy, you just toured people
from the Netherlands coming here last week, right? From the Netherlands coming here to Miami Beach to learn how we're doing things to prevent cataclysmic outcomes in the next number of years. So, this isn't even
about whether or not we're going to vote on this is just moving it from this nebulous, you know, um, purgatory onto a future commission agenda so that we can have this conversation. So, I will make the
motion to move it. >> So, is this just a have a conversation or >> Yes, if I could through the chair. This is the item coming out of the finance committee where the item was
supported to bring forward an ordinance to the commission >> to discuss the rate increases. However, as you heard from the city attorney on the last item, I cannot bring forward an ordinance unless there is a sponsor and
there is currently no sponsor for the ordinance. So we are discussing the concept of a utility rate change but there is no item before you that actually would affectuate that because
there is no ordinance >> and make a motion. >> So what's >> the motion is to bring it to the agenda for next month to have the discussion. >> I'll second it. >> Thank you. RI
the chair as the manager just explained without a sponsor the item cannot be brought back as an ordinance unless and until there's an ordinance that amends the existing code to allow the manager to place it himself. >> So the other thing we could do is that we could all unanimously
move this from purgatory onto next month's agenda to have this discussion. >> It doesn't mean we're voting on it. It just means we're having a conversation. >> Isn't that your motion? >> It is. Now, >> the motion is to
>> all of you to be co-sponsors. >> We all need to be sponsors, >> correct? >> To just have the conversation. And just a reminder, FK voted on this unanimously to bring this back to the commission. >> How did FK vote unanimously if there was
no sponsor? >> Because it was for referral to FUR. >> From who? had to be from somebody. >> I don't was me. I don't remember. >> If I may, it wasn't as a I think as an or it didn't have a sponsor as an
ordinance. It was a discussion. So you So since it was just a referral referral doesn't require a commission sponsor. >> Well, it was referred I believe when the ordinance that was heard previously was split and was bifurcated. And so you all approved the water connection CPI
increases but you bifurcated and referred to for this other component. >> Okay. >> Actually I >> think that's a different item. >> Yeah. >> I think this comes from last year when there was a discussion. So it's actually been twice at FK. There was an initial I think administration one that did gain
some sponsors. Uh there was a discussion at FK about a year ago on this. It also came out of FK uh with unanimous support of the uh under the prior public works director uh for that utility rate structure uh and then was kind of tabled
uh at commission and then we uh brought it back. So I think it was sent from commission to go back to f for further discussion with >> but it actually it originated at the strategic planning session. >> Yes. We talked about what we had as far as infrastructure needs and the
long-term um viability and success of the city. And I think it also first discussed when the commission approved an $85 million intent attempt to declare declaration of intent to issue uh on the on a water and
sewer bond that was approved about two years ago where we said this was basically the last of the financial capacity within the financing model for our capital projects and we would have to be coming back with a different utility rate structure to effectuate all of the numerous hundreds of millions of
dollars in NIPs, critical needs projects and such like that. So, this has been a process that's been going on for years. Uh, and the commissions have approved all of the NIPs, the critical needs program for water and sewer, critical needs for storm water, and as you know, I think it was discussed on several
occasions, we're over a billion dollars in capital projects related to resiliency, water quality, and infrastructure. >> And through the chair, if I may, we've just stopped the stopped the pause and and started doing these projects again, which people are so grateful for. But if
we don't even have the conversation, I'm not talking about how we vote on anything. But without even the conversation, everything that we have approved comes to a grinding, screeching halt. The stuff that is in the design and development phase, it doesn't get built. So I'm not suggesting how anyone's going to vote. We don't have
the matter before us yet. But we we have to have the conversation. It's a complete dereliction of Dodie to not have the conversation. >> Amy, can we just move this forward? They we're sitting here discussing whether to have a discussion. >> That's exactly what's happening.
>> So, let's just Well, what we're saying is that there's no sponsor. So, >> so we have to we have >> So, what Commissioner Bot is is recommending is to take the uh political heat, do you want to >> take your political heat off anybody with all sponsor and bring it as an
ordinance? >> And I'm willing for, you know, out of collegiality. I think, you know, I think we all realize we have to do this. It's not an easy task. Um, and it's probably the most responsible thing to to to do it all as a team.
>> That would be awesome. >> So that's >> to have a discussion. >> Yes. >> Well, it's going to be a discussion about the ordinances, but it has to be brought as an ordinance, not a discuss, take action, >> correct? >> Yes. >> Or the commission doesn't need to approve the ordinance. You can,
>> right? You can so the item is bringing forth an ordinance. >> So you can properly consider >> proposal. I I just, you know, just look, I I'm going to so just telegraphing where I'm at. I, you know, I'm looking at the numbers on how the the increases go. I'm not
comfortable with it now. So, I don't necessarily want to be a sponsor on this, but I'm more than happy to to approve to have that discussion. I just don't want to be a sponsor right now. >> All you're sponsoring is the discussion. >> No, but what we'd be sponsoring is the
ordinance itself. I can't have a discuss take action with an ordinance. Uh >> I mean that's okay with me, but I don't want to sp I don't want to be sponsoring an ordinance for a rate increase. >> I forget who we delegated to have the Fountain Blue discussions, but whoever was that, let's just have that as the
sponsor. ate you brutai. >> That's good. I >> mean, or the other option is that the finance committee sponsors it because >> I wouldn't be impartial >> because the the finance committee voted unanimously to move this back to commission. So, move it back to
commission. Pony up, boys and girls. >> If I may, we could do gum removal and pressure washing for everybody. >> We agreed to this. >> I don't want to do gum removal. I just want to do pressure washing. I mean, how long is it going to take for
that uh legislation to pass that city staff or administration can sponsor an ordinance? >> Wait, but you know what? >> This is insane. We are sweating bullets about the fact that we want to have a conversation about doing something that is fiscally
responsible and we can't even have the conversation about this. >> I have an idea. Why don't we do it as a discuss, take action, a legitimate discussion. We'll all give our views and we'll see where we're at and then we'll draft the ordinance accordingly
cuz right now we haven't even had the conversation. We're having a conversation about the having the conversation. So, >> I'm okay with that. >> Let's let's I don't know if now is the right time. I I'm happy to do it now or >> at the end of the day it's just you're still having a conversation and whether I guess what you're saying is you're going to have a conversation regardless
of how you you know wrote how you label it but and then if there are enough votes to go through other than >> then we'll draft the ordinance and bring it to the next meeting. >> Exactly. >> Does that work legally >> as long as somebody becomes a sponsor once you all agree to something? Yes. >> But right now but but then it wouldn't
be the ordinance itself. It's just a discuss take action. >> Understand? But if you have the discussion, someone will need to or or the manager if if we allow that to happen. >> Well, the item itself right now >> and yeah, perhaps people would feel more
comfortable putting their name behind it if they kind of if we quantify actually what it is. >> I mean, we could have a discussion right now. >> That's fair. >> And I have a short and entertaining presentation if you want to see it. I gave it at >> 6:25. How short and how entertaining?
very short and very entertaining. >> You know what? I I this is a really serious topic and I we're all exhausted and it has been a really meaty conversation day of conversations and I know we all want to make this happen sooner rather than later.
>> But I think to get the fairest hearing at 6:25 after a, you know, pretty heavy lifting, it's not it's >> so just kicking the can down the road. >> So let's just kick the can down the road to to next month. I'll sponsor the ordinance and then we can have the
discussion. >> I'll co-sponsor >> the the newbie >> taking one for the team. >> If if that means we can move on from this discussion right now, I'll just sponsor the order. >> Now we know when we need a sponsor put at the end of the agenda. >> So I think I still think we should all
co-sponsor the discussion. Like I think it should be all of us. We're all elected to represent all of our residents and all of our residents don't want to have their cars floating away. they they don't want to they don't want to um have the toilets, you know, flooding into their living room. I I I
think that's awesome, Monica. But >> yeah, >> to be grown-ups, we should all be doing it. I'll just say like for me one of my challenges with this is that you know whenever we get to discussing this which I guess now I'm entering into the territory of discussing this is shifting
you know shifting the burden um from you know right now a a small property owner small unit owner is paying the same on storm water as a big property owner >> but that's stuff that that's >> and so and so to me that's an that's an
inequity accurate. >> What's that? >> It's not accurate, but that's why we need to have the discussion. So, let's just move this as a discussion and let's go. >> Okay. >> So, >> just give me directions. C7P is being withdrawn and we're bringing back a
discussion on the subject >> in May 20th. >> I heard Commissioner Matt Selenas would be a sponsor so we can bring back an ordinance. >> Discuss the ordinance. >> So, that cease >> this item is immaterial as long as we bring back the ordinance. So what do you want to do with this item?
>> I mean this is just accept the recommendation of FK. >> You want to then vote on this item as amended with Commissioner Matteo Selenus as a sponsor and Commissioner B's co-sponsor. >> We don't need a sponsor for a resolution. That one I can do and I put
this on to accept the recommendation. If people want to vote on it, that would be great. If they don't, that's okay, too. We're bringing back an ordinance next month either way. So we can just approve then C7P as is. >> Yes. >> Okay. So I have a motion by Commissioner Bont, second by Commissioner Mattel
Selenas on C7P. All in favor please say I. >> I heard seven. >> One second. >> Oh your m >> is just to bring the ordinance. >> Accepting the recommendation of FK to bring an ordinance to commission to discuss. But you've been saying that we
need a sponsor. >> We do. >> And I believe Commissioner Matessa Lean says she would be and >> and co-sponsored by Commissioner Bot. >> Okay. >> So, >> well, no, I'm kidding.
>> I mean, but look, the reality is the reality is that there are four of us on the st right now who are facing an election. Yes. Next year. and to not do what is right in the financial well-being, the fiduciary responsibility
for this 82,000 resident billion dollar budget worldclass city because we're afraid that doing the right thing is going to mean that we get nasty grants for our elections. I'm not about that. That's not who I am. It's not who I've ever been. I'm not going to back down now. So, I you know what? I am going to
co-sponsor this with you and I'll do it proudly. Thank you, Monica. and everyone can take their shots at me and that they don't like the fact that that we're being grown-ups in the room. Well, you'll thank me when your toilet doesn't overflow. >> Yeah, I think it's I mean, obviously
that's a part of it. I think there's more to it than just that. So, uh but but uh not for today, but I'd love to see the presentation maybe tomorrow. >> Um so, all all in favor? >> I anyone opposed? Hearing none, the item
is approved as is. C7P70. >> Okay, we haven't heard a good police item in a while. So, let's do R9Z. >> R9Z is discuss take action police department promotional process. >> Didn't we already? >> Thank you,
>> Mr. Mayor. Um, >> so one of the >> one of the complaints I get from any of the rank and file police is that
um the promotional process seems to be broken in terms of um how candidates get elected to be promoted in within our police department. And what I found very
surprising was that the process that we have in place currently is basically geared toward uh written tests.
And there's no, let's just say, merit involved in the uh in the selection process of um of how our leaders within the police department
are being promoted. And I found that, you know, I found that very um I I found that very unfair. And there's a particular officer who I
believe went above and beyond. Um he was he was the one who This is officer Ofay. He was the one who found the criminal that held up our
colleague here at gunpoint in his parking garage. And I actually have a video, a quick video of the altercation, and I'd like to show that. So, uh, PJ, if you could put the Pet Tree video. Uh, Petri V7. >> What's up, man? Where you coming from?
>> Huh? >> Where do you mean why you coming from? >> I'm just asking you. We just I just got a call >> for what? >> Somebody on a scooter got into an argument with somebody in the car over there. >> Oh, no. That wasn't me. >> Let me see your ID, please, so I can just document this. I don't have my ID
on me, sir. >> What's your name? >> Christopher. >> Take off your glasses for me. >> My name is Christopher. >> Christopher Petri. >> Christopher what? >> P I T R E. >> All right. Listen, put your back down. I'm I'm going detain you for now to let
me forget exactly who you are. Right. >> Why? Dude, >> you went straight for it, man. >> So, so what I want to show, what I want to highlight on this video is a couple things.
Uh, Officer Ofay knew that that was a subject. He was the most wanted person in the city of Miami Beach at the time, if everyone remembers. And instead of drawing out his pistol, saying, "Get on the floor and and and getting into an
altercation," he made up some bogus story saying, "Hey, some guy in a white Tesla was complaining about you." And that completely threw him off guard. And what I don't think you see in the video is like he's like, "Look, let me just I just got to clear this up with my boss
and then you're free to go." Obviously, Officer Ofay knew that this was the subject. He once he was able to put him in in handcuffs, he was able to retrieve it, Christopher Petri's firearm, which had a which was loaded and one in the chamber. And
through what I call street smarts, he was able to successfully capture a a wanted dangerous criminal. Okay. And when Sergeant Oay tried to be promoted,
he was literally, I think, one of the last people on the list. And I think there's something wrong with that. I think there's something broken with that system and I've worked with the chief on this. Uh I understand
there's no perfect way to do this. Um, but I do believe in the next round of negotiations with the FOP that there needs to be a direction given
to our city manager that this is a first line. I wouldn't I wouldn't say non-starter. It's the opposite of a non-starter, but basically that this is going this promotional process needs to
change and it needs to be based on merit. You know, we just extended the chief's contract by 2 years. We give him, all of us give him the
privilege and the deference on how he thinks the police department should run. And so much in fact that we went above and beyond and extended his contract. I
think it'd be crazy to say that we don't give him and others in his position the ability to choose who is going to be promoted and who's not going to be promoted. Um I
understand chief that other departments uh in the day county have >> you think is >> the sheriff's office does that >> sheriff's office uh there's very many departments have for for example called the rule of three where the chief can
instead of having one person which is you know rubber stamp you get to choose between who gets the the promoted of that And what I' I'd like you to speak through the mayor or vice mayor if that's okay on what do you see as some
of the challenges as it comes to this uh that you face now in the promotional process what you would like to change and you know your overall sentiment because I think we all here clearly uh trust your judgment >> and we trust that you know what's best
for the city of Miami Beach and how the rank and file get promoted based on what I believe should be a merit system instead of a test basing test based system strictly
on on uh on a written exam. So maybe you can give us a little more information on that. >> Sure. Uh Wayne Jones, police chief and thank you commissioner for having this conversation. As I've I think mentioned to you in the past, um the system we currently have in place is contractual.
it's negotiated with the union and the only way to change that system would be through contract negotiations. Um the system we have has been in place for a decade and a half maybe two decades. Um much of the test is weighted on on a written test. Part of it is based on
assessment test and then there's a combination of seniority points that that's added into the form as well and educational points that's added into the form as well. From that a list is produced um running from one to whatever and the way the current system stands is
I have to promote in the order uh of that list one through five for an example I have to promote people in in that order. I I do believe this is an opportunity for us to have a really strong conversation with the union about how we we fix the test. There's a number of models out there that is used
nationally that differs from our current model. Um, one might argue models that are more modern than the one we we we use that uh would help us really sort of um have the best of the best rise to the top of the list and then have a a choice
in that. >> Okay. Maybe can you go through some of the challenges that you've seen with the current system? >> Yeah, I've I've seen very experienced police officers um particularly NRO comes to mind. I don't want to put his name out there. uh comes to mind. Very
experienced officer, has a lot of equity uh with the the staff of a police department and the rank and file. Uh he knows what he's doing, hasn't done well in previous examinations, and I think he would have made an excellent excellent supervisor. And so I'm not sure which
model of testing out there would help us produce a person like that, be a leader uh in the organization. There's got to be something that's better than what we have right now. >> Okay. And so I guess what I'm asking my colleagues to do is well first I'm bringing this to everyone's attention and I think you know and this is
discussions I've had with the chief multiple times in the last year um that we tell our city manager and what do you what is your department Mark like the the negotiation team um
the >> last several contracts I've been the lead contracts that this is we we want a we want a a reset on how the promotional process is handled with the police department. Um
Mark, at the last negotiation, did was this one of the requests that we have and how how adamant was the FOP on not doing this? I mean, you know, it's great that we're having a discussion now, but when it comes down where where the
rubber meets the road, you know, when when would this have to really come to a head? It it would have to come to a head at the very next session. Um, they have pushed back in the past when we discussed rule of three. U I'm very familiar with rule of three. I worked in a system for more than two decades in a
system that had rule of three and worked very well. Um, so I'm very familiar with that process. >> Okay. So, look, colleagues, I I don't know how you you feel about this. Um, you know, we have our chief telling us that he would like to see reform and it would give his make his job a lot
easier. Uh, I'd like to see where everyone is. >> Commissioner Fernandez. >> So, I you know, I think to your point, we have just extended the chief for for another two years. I think it's because we we we trust his judgments and I think
we have to trust his judgment when it comes to to these promotions and there's a lot of things yeah an an examination a test might be able to measure a lot of things but then there's other skills that that an exam won't be able to to measure their leadership presence as you
well pointed out uh through that video their um their their judgment under incredible pressure, their emotional intelligence. There's just so much that that an exam won't be able to measure.
That can only be done through the discretion of the chief of police. So, I am completely in favor of this. I'm glad that we're having this conversation early. That way, you know, our our negotiating team and the negotiators can, you know, you know, have this part
of whatever strategy they need to consider uh going forward. But to me, it makes sense. Sure. >> Um I would like to um add some context to this conversation or some thoughts.
I've also been talking to the chief about this for quite some time. When we were elected, we walked into a contract negotiation um with the police department and were sort of handed what had been negotiated. and we had some very heated
conversations about what we wanted to see done differently for the next time. So I think this is a great time to bring up these kinds of conversations. I have a concern. So I think that that
the current system is not sufficient and I also think the rule of three is not sufficient and I want to explain why so that we can bake this in as we move forward. The current system does not allow for any other skills other than
being able to cram for a test. and you might be the best police officer in the world and not be able to take a test or you might be the worst, least effective, crappiest police officer in the world and be a
great test taker. And so that to me, I can't fathom why that has been around for as long as it is. The rule of three, I understand the concept of it. What concerns me if that, you know, long after we're all gone, you have a police department that's full of really lousy
people who are only looking out for their cronies, that that is a problem. So, my understanding in speaking with the chief at at some length about this is that there are systems that are used by police departments around the country that have elements of both. So you have
to have the book smarts because at the end of the day we don't want people running around town wearing the badge and not knowing the laws and best practices and also evaluates people on their street smarts and interpersonal skills and management skills because
that is also a very important part of policing. So where I would like to see this net out is when you come back to us with a contract or you update us on where we are is having something that is a hybrid. And my understanding please
please um jump in chief I don't want to put words in your mouth but that is exactly what you are are and have been agitating for um for years or not agitating advocating. >> Absolutely. You know there >> I was wondering >> there are 18,000 plus police departments
in this country. Um, and there are merit of models that are used for promotional purposes. I'm certain we can find one that's better suited for Miami Beach Police Department. >> And I just want to be clear, yeah, I just threw out the rule of three as a suggestion. It's not I didn't say that you have to do that. I mean, there's also a panel, for example, that we've
talked about where it's an outside panel of other chiefs that can also look at and that that's what all I'm saying is, and I think what Commissioner B is also saying is you don't want to rely on one way to judge someone. I certainly don't think the right way to judge someone is
on a written piece of paper or some oral exam where you're looking in front of a a camera and you don't even know who you're speaking to. I also don't think that correct where it's just you know once you're gone if we have a chief who's you know just only promoting his
friends I certainly don't want to see that but I think you know sort of like our our government you know there's three branches maybe there's three systems of check that really have to be be passed before a promotional process and each system is very different than
its own so that you really do have it based on merit an experience than just test taking. So I think what you're getting from us I mean I just we just heard from Commissioner Fernandez and Commissioner Bot that I I'm hoping others chime in that there's an appetite
for change um as opposed to what's been going on for the last how long how long has this been gone? >> I I estimate around two to uh 20 years. Yes. and you know con look a lot of us got elected so to push back on the
status quo um it's easy to say everything's fine but you know we constantly have to evolve as a city and all our departments have to continuously strive for the best right and uh just because it's been doing something for 20 years doesn't
mean that it has to continue if if we can make it even better so I don't know how my other colleagues feel about this I mean I I I'd certainly love to give more I guess direction to our city negotiating team because I can tell you
this is going to be very contentious probably, right? I mean, Bobby's not here and I'm sure if he was he, you know, be blown up. Uh, which is fine. You know, that's what he's supposed to do. Um and but you know there there
needs to in my opinion we need to see a fundamental change in um in this particularly this on how we promote our rank and file >> commissioner bot. Um, so I don't know if this is permissible. So if it's not, um,
let's not. But Reggie is here and do you don't have to if you don't want to give us a sort of snapshot of what you think membership would feel like. And if if it's not appropriate, don't. This is not a command performance.
>> Good afternoon, commissioners and mayor. Uh all I can tell you is is um the union is always willing to work with the city and uh the administration to do right uh by our members uh but also do to do right by uh by the city. Uh if it comes
up at contract negotiation then we'll we'll look into it and and we'll try to do the best we can. I think a lot of times sometime in contract negotiations uh you know the city has things that they want um that's important to them. The union has things that's important to
them and sometime the main issues that can really shape a good contract or not even a good contract but that can really shape change those issues get lost on both sides. Uh so all I can tell you is is that uh knowing the the union and the body of the leadership that we will um
definitely uh come to the table with open minds uh to take take a look at change. Change is always good. However, I do agree with um I do agree with you Commissioner Bond uh about the rule of three. There is a lot of concern there uh from the leadership I mean from the
um rank and files is that um you know in police work unfortunately police officers are not the most uh we don't always trust individuals even within the rank and file sometime and so uh you can easily have a situation where it's not
chief Jones and you may have a chief that just maybe 15 years ago 20 years ago uh you made him mad and then now you're up for a promotion the rightfully way you went through the process and he can skip you. So we are there is some concern there in terms of that that I
don't think um that we would uh agree to a rule of three and it has nothing to do with the current leadership whether it's the chief and his uh command staff or even the commission because you all have done a amazing job in being supporters uh for uh the union but it's just not a
system of fairness uh when you start talking about a rule of three and respectfully I do uh understand what uh city manager uh taxes is is referring to uh cuz I did work for a department uh where they had a rule of three and and uh I can tell you for some it was good
and for most it wasn't. So thank you. >> Thank you. >> Thank you. Now you blew his cover. Commissioner, >> what's up? >> He blew his cover now. Everyone knows he's a cop, >> right? >> Sorry.
>> So, Chief, I mean, look, do you I'm not trying to put you on the spot. I guess I am. Would would the let's just assume the rule of three was a sort of piece to the puzzle. Would would that
help you as the chief? I >> I think any chief you ask if it gives them more latitude to hire what they uh may objectively think is the right candidate for a job uh above others, I think he or she would say, "Yeah, absolutely." Um but uh I think in the
conversation I had with you I I I I mentioned that uh no one the union like it either they would never support that and so we have to find other ways to um change the current testing process. >> Yeah. >> Okay. Okay.
Great. Good discussion. Thank you all. >> Guess we'll discuss it more during the uh next contract. >> Sure. >> Uh let's call R7B. R7 R7B approval of proposal artistic graphics at 1651 Washington Avenue. It
is a public hearing. >> Mr. Mayor, I can just make the introduction. Um, under the land development regulations of the city code, anytime a uh artistic supergraphic on a building exceeds 100 square feet, in addition to the applicable land use
board, approval from the city commission is required. In this particular instance, the Historic Preservation Board approved two separate murals that total 450 square ft. It's on the rooftop. It's not electronic. It will only be seen by patrons of the rooftop.
Um, the applicant is here to make a presentation if you would like. And the administration recommends approval. >> I I'm happy to move the item. >> I'll second. >> I'd love to see what it is. >> Go ahead. All right. I will be very quick. Everyone's exhausted, including myself. My name is Paul Savage. I'm an
attorney with offices at 200 South Biscane Boulevard. I'm here on this item uh representing the Jamage Gym and 2050 rooftop restaurant that has been fully approved already. And the only item as Tom Mooney described before you is
permission for this electronic projection that is strictly going to be viewed on the top of the rooftop by the patrons inside. and the staff was very um adamant that we have full vegetative buffering up there and comply with all
regulations that it cannot be viewed from the city street. So, if you can please pull up the presentation, I'm going to go maybe just show two slides out of 18 or something like that. I'm looking at the tired and hungry faces. Um yeah, so let's just uh go through
this is the site here um at the uh end of Lincoln Road and uh Washington. Uh my client operates the Jamaage Gym there in the second floor and this application pertains pertains to a rooftop uh new restaurant there. Um as Tom Mooney
explained, the only reason why we're here is we are exceeding the 100 square ft. We obtained unanimous approval at historic preservation board and favorable staff recommendation in front of both bodies. If you can please click it along. Uh keep going. Please keep uh
that's the rooftop um uh diagram. uh we're only going to project it in two positions. Uh again, strictly internally to the site. Please continue. Um this is probably one or two of the slides that we really want to look at. It is a
rendering. Um the most important thing of that I wanted to say this afternoon was that um this is just about the vibe of the restaurant. This is going to be uh these organic nature inspired. This
here is uh it's not the greatest rendering, but uh you know like wild orchids in the Everglades, things like that. Very artistic um and no, you know, nothing tacky, no prohibited advertising. Nothing like
that is permitted. So, um and again, uh and then this is the other smaller one that is that's looking to the southeast right behind that little tower that you see on the corner. Uh and again, uh not only did we have to show that we're going to have the vegetation, but we had
to prove up that we're going to have irrigation and facilities to make sure that that actually works and lives. Um so with that, um I'm happy to show some more. Uh but, um looking at the direction of the U vice mayor, uh I'm
going to go ahead and uh respectfully request approval of our uh projection. >> Thank you. I think we have a motion and a second. Ralph, will you call a vote? >> Yes, ma'am. Is a public hearing. No one on Zoom. No one in the audience requesting to speak on R 7B. I have a motion by Commissioner Fernandez.
Seconded by Vice Mayor Dominguez. All in favor, please say I. >> I. Anyone opposed? Hearing none. The item is approved. 70. Congratulations. >> Thank you so much. And uh you guys worked very hard today. Thank you so much. Appreciate it. >> Pull uh C40. That was pulled. I believe
you have to recuse. Uh, vice mayor. >> D40 is a referral to finance grant for Miami Beach High School attendance to World Quest Championship. It is uh sponsored by Commissioner Fernandez. >> I move the item. >> Second.
>> Call the vote. Hold on. Commissioner D has to leave the room technically. I have a motion by Commissioner Fernandez. I heard a second by the mayor. Is that correct? >> Sure. Uh, all in favor of C40, please say I. I. >> I.
>> Anyone opposed? Hearing? None. One. Uh, I have Commissioner Dominguez as being recused. Um, okay. C7X. C7X is increased Bark Beach hours. It
was separated by Commissioner Bot. Um, I wanted to, um, talk about this. I don't know. Um, does somebody from the staff want to introduce it or do you want to introduce it? >> Um, sure, John. >> Yeah, John, why don't Yeah, >> sure.
>> Just I just want to preface it real quick. Um, you know, we already have three dog beaches. The hours are very confusing. Um, the intent of this is to make it very easy to
understand, a lot easier than it is. Um, I I mean, I go to the beach all the time. I see dogs at all times of the day on the beach. There's really no one to enforce it. It would be better to contain dogs in particular areas of the
beach than having everyone just bring their dogs everywhere else. Uh, that's that's the idea. um behind my intent on this. It just makes things a lot more clear. We already have it for for limited hours. And now when people see
that there's an actual place where you can bring your dogs in in the middle of the day, you kind of encourage proper or respectful um enforcement of of the law. So um
John, if you want to go ahead. >> Thank you, Rich. The only thing I'll add to what you said for the um where the locations are um on the beach, 21st Street, 53rd Street, and 81st Street. And one other thing is staff review this. We are our hours now do work
around the turtle nest inspections and that oversight in the morning. So regardless of what the commission would like to do with the hours, we still would like to be sensitive to to those hours as relates to turtle nesting. So, I pulled this um because I think it needs to go to neighborhoods to be
fleshed out before it goes um into just becoming an ordinance. And I think that there have been a lot of residents who have concerns about this. And um I I do like the idea of making the hours a little more consistent, but I I think we need to flush this out before we just go forward. So,
>> I'll second that. >> Yeah, I was just thinking we do that before first and second, but if you want to go ahead and send it to neighborhoods. >> Yeah, I think so. because that way neighbor residents can get involved and give their experience. >> This is not an ordinance. This is just a resolution because there's an ordinance that gives direction allows the manager
to set hours based on direction. So there would not be a second reading. >> Okay. So even more reason to go to neighborhoods to flush this out. >> So well Fernandez commissioner um you think you hear it at the next neighborhoods meeting? >> For sure. Yeah. My pleasure. All right.
>> Thanks. >> Okay. All in favor? Hi. >> The referral. I have a motion by Commissioner Bot to refer to public safety. Seconded by Mayor Miner. All in favor of the referral to the next one. Uh please say I. >> I. >> I. >> Anyone opposed? The item is referred to
public safety neighborhoods at 70. >> Okay. Two two minutes left. Uh C7 AI. >> C7 AI was an addendum. Uh confirm 2027 future proof event dates. C7 AI.
>> Second. A motion by Commissioner Magazine, seconded by Commissioner Fernandez on C7 AI. All in favor, please say I. I. >> Anyone opposed? Hearing none, the C7 AI is approved. 70 >> C2E
C2E issue RFQ 202672- ND healthcare benefits consultant services. Uh C2 E was separated by Commissioner Fernandez. got one minute. Commissioner Fernandez. >> Thank you, Mr. Mayor. And well, and and
I fully support moving forward with this RFP, but I wanted just to briefly pull it from consent uh because I just want to make sure that we're setting the right uh expectations. This contract, I believe, is going to shape shapes how uh
we support um the our employees health care system and the expectations for it. Is that is that correct? Uh Christy or Mara? >> Yes sir. >> Okay. So I just want to make sure that you know we just set some expectations because I know traditionally healthc
care has been one of these areas uh in in the budgets that tend to be the fastest growing. I know as of the past couple fiscal years perhaps we've been able to contain that. But I think it's important for uh for this consultant to set the expectation that we want them to
continue slowing down cost growth in healthcare and also an important focus on on employee satisfaction. uh employee satisfaction something that we used to have that we didn't that we don't have anymore is um is if an employee facing
service um you know that that on-site representative that we used to have with the insurance company uh that was so helpful to to our employees and that we don't have anymore. So, I just want to make sure that um that that as we consider this item uh that we set the
right expectations so that whoever the consultant ends up being is able to meet the expectations of what the city is going to want. >> Thank you. We'll make sure to do that. >> Thank you. I move the item. >> Okay. A motion by Commissioner Fernandez, seconded by Commissioner
Suarez. All in favor, please say I. I. >> I. Opposed. Hearing none. C2E is approves 70. Thank you everybody. Great meeting. Appreciate it. Um ajourned.