Get it. Get it. enough. All enough. N enough. Hey Baby nothing. My
feel. Hey, hey, hey. 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. Welcome to our commission meeting of May 20th. Thank you to my colleagues who are here. Some are on the way, but let's get let's get started. I'll turn it over to our city clerk,
Raphael Granado, for any uh pertinent instructions. >> Good morning. 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 the Zoom US on your browser. You can also phone in at 3052241968 or toll-free 888-4754499. Again, the local number is 3052241968.
The webinar ID is 813-928-57671B. Again, webinar ID is 813-928-57671 pound. If you 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're 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 neighborhood rep, 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 lobbyists. If you plan to speak during the public comment period today, we request that
you sign in. You could sign in using the QR codes located on the on the days on the podiums. >> Good morning. Pursuant to section 286.011 011 sub 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 CA01
2023-56 AP012 2023 CV23362 and 202513415 these cases are pending before the Florida 11th Circuit Civil Division
Florida 11th Circuit Civil Appallet Division Southern District of Florida and the 11th Circuit respectively. Therefore, a private attorney client session will be held during the lunch recess of the city commission meeting in the city manager's large conference room
on the fourth floor of city hall to discuss settlement negotiations and/or strategy related to litigation expenditures. The mayor will announce the commencement of the attorney client session prior to recessing the commission meeting. Okay, it is now my honor to welcome
Rabbi Daniel Hadar. Thank you for being here and your lovely wife Dena for being here as well. Before you start your invocation, I just uh have to say thank you uh not just for me but really Miami Beach. You've I've seen the transformation that you have done in uh
in North Beach and building a community there. Also working together closely for example with Normandy Fountain Business Association and David Sexton and others. It's a it's a real true community and and we're thankful and blessed to have you here today. humbled by your words and I thank all of
you for all the support for the community and um going to just share a few words of of thought and prayer this morning. Um, in honor of of um or on behalf of the commission and the mayor and the great people of Miami Beach,
we're sitting before an auspicious time in the Jewish calendar, which is the holiday of Shàuot, the holiday when we got the Torah, when we got the the word of God as it were, um, right in front of Mount Si. And something very special happened there. The whole nation of
Israel came together. It says, as one people with one heart, as though they were just one person. And we found that when that happened, amazing things happened. That when they came together, God was with them. And today, I give a blessing and pray that
God should give all of you and all of us that we should come together as a city, as one person with one heart. And in doing so, what it shows is that we are of sound mind and and of togetherness. And when we're together of purpose of
mind, then then amazing thing happen. Not just incredible things on our organizational side, but amazing things happens from God. And today I give bless the commission that we should see all of that blessing and all the work that you do in bettering our city in helping us become the best people that we can be
and becoming the best people that you can be. May God bless. Amen. Thank you. Thank you, Robert Dar. Thank you, Dina Hadar. Now, I get to surprise someone in the audience to lead us in the pledge. How about Hernand Cardo?
Hearnan is our director of code enforcement. We talk a lot about police, but code uh does an incredible job in code compliance, code enforcement, and uh welcome up. We'll uh >> Good morning. Please stand if you're able to place your right hand over your
heart. I pledge allegiance to the flag of the United States of America, to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Uh before we start with the sutnik time,
um wanted to recognize that there was an incident uh the other day in our city in which uh some tourists from uh out of out of the country came here and defaced with uh the words Adolf
was here with a SWAT sticker on a on a bench and in a by a crosswalk that has been uh representative of our LGBTQ community. Um I I want to open it up for for everyone here. It's obviously horrific. And I was thinking about it, why did
this happen in our city? And I did some research and I was looking and I realized nobody's immune from hate. It's how you handle it and how you address it. And I'm so proud of our city, of our representatives.
I know uh we have here Council General of Germany, Christopher Burgerer, who's here. I'd like him to say a few words as well. Uh since they were German tourists, I know Commissioner Bot, thank you. I believe you were the first one that reached out to the council general immediately to notify him of this
incident. And again, I'm I'm I'm appreciative of everyone up here in our city for condemning this immediately. our police department in from the moment they were notified of it, which was pretty quickly to the time of arrest was less than one hour using our real-time
intelligence center camera systems. And um I've been in communications with the state attorney's office and and and I believe they will they are taking this seriously and we're going to prosecute this to the full extent of the law. As I've mentioned many times, unfortunately, ultimately hate
like that ultimately and always leads to violence. We've seen that throughout thousands of years of history. Um, so very appreciative of everyone who took quick swift action. Um, I'd like to ask Council General to say a few words and
thank you very much, Mayor Miner, for inviting me to speak here today. Also, thank you again, Commissioner Bot, for being the first to alert me to this incident um yesterday. Um I my name is Christopher Burgerer. I have the honor of representing the Federal Republic of Germany here in the
great state of Florida and also of being a proud resident of this beautiful city of Miami Beach. Um more than 300,000 German tourists visit Florida every year and I am happy to say that most of them are well behaved and wellreceived here.
um and uh rarely ever get in trouble with the law. And usually if there's a case where tourists break the law, it doesn't really matter very much. It doesn't make much of a difference what country they're from. They're tourists. They committed some infraction. But we
immediately understood that in this case, it does make a difference that these tourists came from Germany. Um because uh as a nation, we bear responsibility for the worst crime in human history, the Holocaust. And that is also why under German legislation uh
public display of symbols of the Nazi party um is considered a criminal offense. So, when I learned of this shameful incident yesterday, I immediately reached out uh to the mayor um to first of all offer our support in um fixing
the damage that was that was done, but also um to um offer our voice in reassuring our communities here in Miami Beach, the LGBT community, the Jewish community, which with which we're so grateful to have enjoyed amazing
relations um over many, many years. um to reassure everyone that this is not representative of the German people or the German nation that we as a nation do not tolerate anti-semitism we do not tolerate hate against anyone we stand
united against bigotry and this also serves as a reminder that you are the work of combating anti-semitism of combating bigotry is never done it takes a continuous effort most of all through education
But where education isn't enough, it also requires us to use law enforcement to enforce the letter of the law, to draw the line of what is acceptable and what isn't in our community. And I would like to thank um Miami Beach Police
Department and everyone involved for having such a swift and clear response to this uh to make it clear that together as a community, this is not something that we will tolerate. Thank you very much again. And if we can be of any further support in um you know um
giving that assurance to our communities, we will be happy to do so. Thank you very much. >> Thank you, Council General, for being such a clear voice on this. That's it's very meaningful uh to our city and to everyone. Uh you are you were out there, you were seen in the media being a clear
voice and it's uh it's noticed, it's appreciated, and and it's impactful. Thank you. Thank you, >> Commissioner Bot. Um, Mr. Councel General, thank you for for coming here today and obviously for your quick response yesterday and your responsiveness to the phone calls. What
you didn't mention um in in your remarks just now, which I think everybody should know um is that you were there was a big day at the consulate yesterday where I think it was 20 >> 14 >> 14 um uh people Jews were reclaiming
their German uh lineage and reclaiming their ger German nationality um which is a real testament to the work that Germany has done. I I most people don't know this, but German was actually my first language. I lived in Germany um from the ages of uh two to four, which I
know is not a big deal, but you do learn to speak there. And I do have very um real memories from from there. Um and you know, my my whole family is Jewish and we lived in Carl's Rua. And it was not that long after the war. It was in
the um in the very late 60s, early 70s. And um we felt pretty secure as Jews living in Germany. And I I think it's um it's really a testament to the nation that of Germany. Um the fact that they
have taken so seriously this education process of making sure that people understand history so that we do not repeat it and I think that is definitely missing in the world. The other thing that I wanted to point out is that this was um an act of hate. It was
specifically directed towards the Jewish community in Miami Beach, but it was chosen to be done in just the most visibly proud LGBTQ
um corner of our community, cornerstone, foundational corner of our community, where Joe had just gotten a beautiful rainbow bench installed and Alex has a whole um memorial plaque history explaining why this rainbow sidewalk was
so important. There are rainbow colored bike racks. There are rainbow banners because Miami Beach is not perfect. We have a complicated history, but we really strive to be open-minded and welcoming to to everybody. And um you know, it's bad enough that that graffiti
was done anywhere. Um I was hoping it was a bunch of idiot kids who were doing something with a Sharpie, but it was old men who knew better and were doing something intentional. And it's it was just a slap in the face to so many residents regardless of religious um uh
faith or anything. It's just so many people who choose to be in Miami Beach because it's open and inclusive and welcoming. Um so it's it's even bigger than I mean anti-semitism is big enough. Anti-LGBTQ
is big enough. But it was just such a perfect storm of nastiness and hate and bigotry and stupidity. So, um I it's really I think um it's telling that everybody has jumped on this and I want to commend Chief
Jones. I reached out to him and I I want to also uh recognize one of our residents. I don't know if he's here but David Adams alerted me to this um yesterday and no two days ago. And as soon as I saw it, I sent it to the chief and he and his team um jumped on it and
and as you mentioned, mayor um got these guys arrested and and sorted out right away. And so it's a testament to how quickly people respond to um uh things that go against the grain for the greater good. So um compliments to
everybody on that and uh onward and upward. >> Thank you. Um let's open up to the Sutnik hour. Mr. Mayor. >> So, please, >> Commissioner Fernandez. >> Yeah, I was going to I wasn't going to comment on this. I actually I was going
to uh comment on on something different uh because today today is de Mayo. It's Cuban Independence Day. And my thoughts uh today are with the mill millions of Cubans uh both on the island and
throughout the exile through throughout South Florida who have spent generations longing not simply for political change but for freedom for freedom itself. And uh and and today is actually quite quite a a unique day because all eyes are
going to be in South Florida in Miami later this this afternoon at the Freedom Tower in in Miami. The Department of Justice is expected to honor the four innocent men uh murdered in the 1996 Brothers to the Rescue uh shootown. Uh,
and I think many of us who were living in this community at that time remember that horrific act of of of of murder that was ordered under the Cuban dictatorship and that sent a shilling message to anyone daring challenge the
uh tyranny of the Castro regime or seek freedom itself. And actually, it came back to my mind because yesterday we went to um West Miami Day to honor one of our firefighters who who passed away. And as we were leaving, as we were
leaving um as we were leaving that funeral home, we turned on 97th Avenue and I look at the sign and the street was dedicated to Mario de Laena. Mario de Laena was one of the four uh four pilots who were who were shut down,
murdered, executed by by the Cuban regime uh back in 1996. And for so many of us in this community, this is deeply personal. This morning, my mind was going back to great leaders who have fought for for freedom, for the
freedom of the Cuban people. leaders like Jorge Masanosa, leaders like Lincoln Diaz Ballard, leaders like religious leaders like Mosor Augustine Roman, uh people who used the powers of their talents like Selia Cruz who we
have a street named after or people like Marta Flores, people who fought for freedom in our community and who died who died dreaming dreaming of that day of freedom. And my heart went directly
to my family, my Theo Alberto, my Theo Enrique, my Thea, my Abuos, my grandmother who passed two years ago, uh, carrying the pain of exile, of exile until her final days. And so hopefully
we might be at a turning point, but I would have been remiss. I would have been remiss as a CubanAmerican born in this great country whose parents uh whose parents dealt the challenges of exiles and whose families felt the
atrocities of the Cuban government. Not to honor this day, not to remember the executed political opponents of the Cuban government who were killed by firing squads. uh all the dissidents, the students, the priests, the
journalists, those who were accused of independent thought and all all who were persecuted by by by the Cuban government in churches who were persecuted for just being who they were. It it is an oppressive government that must come to
an to an end. Then today, I wanted to shed light upon that government because of the historic nature of what's going to happen today at the Freedom Tower. And I thank you, Mr. mayor for indul indulging me with that because it represents so many in our community, represents so many of us in on this das
and represents so many of our workers whose families have uh have have dealt with this for decades. >> No, thank you. Thank you, Commissioner Fernandez, for your words and for your really strong stand and taking the lead on uh on this very important issue for the Cuban people. It's uh it's it's a
sad situation, but uh but one that we continue to to fight. Thank you. >> My name is Ken Barnes. I'm a retired physician. I live in Miami. I would like to ask you some questions.
What if one of you hired video billboard trucks using pictures and videos of constituents, calling them anti-semitic and Jew haters, in effect bullying them? What if this was an attempt to silence, target, intimidate, and harass members
of the Miami Beach community and a political organization opposed to the beliefs of said commissioner? What if this was because you wanted these same constituents to become fearful of negative consequences because they spoke publicly, criticized
officials, or exercise their free speech? What if one of you made false statements that attempted to harm the reputation of these constituents? Do you believe that the public official should be held to a higher standard? Would you think that such behavior is an
abuse of office and against the public good undermining the dignity, integrity, impartiality, and public trust expected of someone holding public office? rather than being passion. Was this a mean-spirited violation of norms of
behavior? And what if said commissioner did these acts while the mayor and other commissioners of that city remain silent? Wouldn't you be obligated to call for his or her resignation? This is why we are calling for the resignation or removal of Commissioner
David Suarez, who with malice tried to intimidate and harass members of the community as well as an organization Jewish Voice for Peace, both being critics of Israel's genocide in Gaza and unrelenting attacks in the West Bank,
which he vigorously supports. At the very least, I urge you to put forth a resolution to censor him. Thank you very much. Thank you. >> I'll I'll just say you throw out terms the genocide the only genocide that was
attempted was by kamas in Iran. >> You you you you try to deflect on the real issue. No, you you had your piece. I said mine and I said it in a lot less than two minutes. >> It's not your time. >> Go ahead. State your name, address, and do you have two minutes? Please go
ahead. >> My name is Shannon Busamante. I'm from 316 Payne Drive, M uh Miami Springs, Florida, and I'm here speaking on the shark fishing ban on Miami Beach. Good morning, everyone. My name is Shannon Bamante, though many of you know me as Seaweed
from the award-winning film South Beach Shark Club on Amazon Prime. The film was released in 2022 after being filmed over 7 years because we knew back then and long before that one day we would be fighting for land-based shark fishing and recreational fishing rights. The
documentary shows how beautiful South Florida cities built around fishing, diving, surfing, and skateboarding have slowly become controlled by foreign money and transient wealth. While lifelong locals like myself, born and raised on South Beach since 1985, are pushed aside through quietly proposed
bans like the one we are fighting today. In the documentary, you'll see me at South Point Pier pointing out how certain pier rules and restrictions were already making fishing increasingly difficult long before this proposed ban. But beyond that, the film exists because
shark fishing truly saved my life and the lives of dozen of friends during a wild era in Miami, known for gangs and violence. The same path eventually led to me becoming the assistant head football coach at Miami Beach Senior High School here in Miami Beach. and the
assistant commissioner at Northwest Boys and Girls Club. One of the biggest traditions, something we do more than 30 times a year, is bringing hundreds of kids back to South Beach to fish. Many of these kids come from broken homes. Uh many of these kids come from broken
homes and are being raised by single grandparents or practically raising themselves. Their sporting events and fishing trips are sacred to them. Out there on the beach, they learn patience, discipline, camaraderie, respect for nature, and moments of peace away from
the chaos many of them face daily in Miami. Most of the old-timers who helped save my life through fishing have passed away. And now I'm one of the last people still carrying the tradition forward more than 35 years later. >> Thank you, sir. >> Oh, okay. Thank you. Thank you.
>> Next, please. >> Can I have a presentation? PJ >> and while he's getting that I just want to thank everybody who found the funding for the senior soccer group. There was a little contention at the end of last year where was a hiccup with the funding and just want to thank you all because
the group really appreciates that >> the presentation again was from the PJ this is a presentation that I sent you yesterday. >> Understood. One moment bringing it up now. >> I think this is a good president. Go ahead, sir. If you could start without the presentation or
uh >> I'll start speaking, but the presentation kind of co is coordinated with what I'm going to be saying. So, I just want to thank you all for all the work that you do. My name is David Ballard. I'm from 42177th Street. I'm here on behalf of the residents and neighbors of Altus Delmare
area, which is the section between 75th Street and 81st Street between Collins and uh Dickens. I'm here to speak about a public safety situation on Hardin Avenue near 73rd, 74th and especially 75th Street. Currently 75th Street is a
primary route for emergency vehicles and als in our neighborhood which now that it's being blocked on an almost daily basis in the morning. Emergency vehicles, fire trucks cannot get through. These intersections were blocked occasionally, maybe once or
twice a month, usually tied up due to tied to a concrete pore or a broken down bus. We as neighborhoods understood that. But now that drivers are systematically entering the intersection without space to clear them, creating a self-reinforcing cycle of gridlock, this
behavior is no longer an occasional occurrence. It has become normalized daily for the traffic on Harding Avenue. Cars consistently block the intersection mid red light, preventing lateral traffic from moving and creating dangerous blind spots and obstructions
for pedestrians cross using the crosswalk. And that's really why I was here is because one of our neighbors, a young an older lady who's about this tall, had waited at the light two or three times, but was completely blocked with vehicles. Finally, she just she wanted to make she wanted to go up to Surfside to catch her and she wanted to
catch her bus. as she's crossing, she almost got clipped by another car blocking the intersection. The law is clear, Florida statute 3162.0. Do not block the intersection. The sign is posted at 70th Street. As you all can
see, unfortunately, the sign is a fine for $133 where most of the other intersection blocking fines in the city are $500. We're not asking for any kind of major program. We're just asking for one or two citations a month at this at these
intersections. Visible enforcement would change behavior. I believe that's all that it takes. Blocking these intersections endangers lives daily. And as it says very clearly over the intersection, do not block the intersection. We just ask that that be enforced.
>> Thank you. >> Thank you. >> Thank you for putting the work together to do this. You can you can definitely see on those pictures somebody even sent me something this morning. So the intersection is blocked today. It's blocked every now it's happening in >> Thank you sir. I know Chief Jones is uh
listening carefully. Thank you Mr. >> Good good morning everybody. Mitchnovic 38year resident and business owner. For as long as city manager Eric Carpenter has been with the city since the early
days of the ad Morales administration, Miami Beach residents have faced annual water rate increases every October along with additional fees created such as the monthly fire sprinkler charge.
Previously, customers received notice about upcoming increases on their utility bills, but those notices disappeared this past November. Today's proposed water rate hike was pulled due to lack of sponsorship, and now you're
being asked to approve item R5Q, allowing the city manager to sponsor items. This is clearly an attempt to revisit this unpopular issue. residents reject these increases and approving more would equate to a political
suicide. As someone with two water billing accounts, I've publicly opposed these increases for over 30 years. I believe my opposition led to the adoption of automatic annual rate increases. If you approve item R5Q, the
public works director will likely stand up here holding up a cruddy pipe, warning that the sky is falling. My response is find solutions within the existing budget. The city has added 500 employees and doubled its budget since
Eric began. The problem is spending, not revenue. It's time to prioritize essential services over unnecessary expenses like the 100,000 for the sparsely attended Ocean Drive Prominade
music series or the quarterly glossy magazine produced and mailed by the office of marketing and communication. We're a municipality, not an entertainment conglomerate. It's high time to treat it as such. Thank you.
Go ahead. Please state your name, address, and you have two minutes. >> I'm just going to do the translation. Good morning, everyone. Uh, good morning. So, my name is Angie Safi. Um, thank you for having us here today to be able to talk about our concerns.
So, I work in the Miami Beach Convention Center. Um, and I'm here representing 130 other workers in my department as well. So, we're here today to speak with you all asking for your support for a benefit that we had um for years that
was recently taken away from us. So, um specifically around the parking for years we had 100% parking coverage. We didn't pay a dollar to park at the 17th Street garage and then this parking was uh was taken away and now we have to
pay uh 15 50% of the cost. >> Yeah. So the the goal here is to see whether through you all or if we can do a meeting to speak with you all in Sedexo to get that benefit. I currently make um $20 an hour
and this is something that's affecting all of us and it's affecting our pockets. Is it time? Um, >> so the park also there's parking that's inside the garage. Now we have to park in the 23rd Street parking lot which is a difference but if there's some type of
solution to be able to to get and maintain the free parking. >> Okay. So, if we can meet with you all and figure this out. Thank you so much. >> Can you I'm sorry. Can you restate her name? I didn't catch it. >> Angie A N Yi, last name Safadi. S A F A D I.
>> Thank you. >> Thank you for highlighting the issue. Uh, Alex, Commissioner Fernandez. >> Yes. And thank you for for being here. Gracias. uh we had been notified of this through unite here and we had I think a number of us had been notified and I believe
from from what I'm gathering from the reactions of my colleagues a number of us reached out to the city manager's office it was my understanding that this had been solved Mr. manager, can you chime in? Because my understanding was when Unite Here reached out to us, we reached out to to
you and your department and that this issue had been solved for the workers. >> Commissioner, that is my understanding as well. Many of you reached out to me and I reached out to our parking department and I was assured that the same offer that we had been providing at
the 17th Street garage was now being provided at the Collins Park garage. It was a different location, but it was supposed to be the same rate. >> But we're hearing two different things. We're hearing an offer that perhaps was made to Sodaxo, but then from what I'm
hearing, Aligga, Aligga. No. All right. And that's the problem. they're not getting today, Eric, the same discount that they were getting before. And so we need to get with Sodaxo. Uh because perhaps we might be
offering Sodaxo what we have always been offering Sodaxo, but there's but but Sodaxo is not continuing to offer the workers what what they were previously getting. >> Okay. I will happily dig into that with
Sodexo and we will address. >> Thank you. And this is why at the public safety committee, we've been bringing up frequently over the past few months the issues of the parking at the convention center hotel that that building does not
have sufficient parking for its employees. And right now it's the workers from Sodexo that are coming here. And next July when that building opens and its operation, we're going to be having here the employees and union members of the Miami Beach Convention
Center Hotel coming to us with the same concerns about the parking that is not being provided for them on site and we need to get ahead of that and we need to address that. If not, the problem is going to overflow into the residential neighborhoods and it's going to come before these days.
>> Thank you. >> Thank you. Go ahead, please. Next, state your name, address, and you have two minutes. >> Good morning. Raquel Pacheo, Miami Beach resident. I stand here today in solidarity with Donna Neville and Alan
Lavine, who are two deeply rooted Jewish members of our community and who were recently targeted for harassment and violence by by having their faces and names displayed on a mobile billboard and paraded through our city. This incident is not a one-off. It's a
pattern of behavior from members of this commission who attack free speech of residents who dare to disagree with them on Palestinian rights in light of Israel's genocide. Today, I urge you to do the right thing
and to condemn this action and all actions which violate the free speech and safety of Miami Beach residents. And I urge the individual responsible for these egregious acts to step down from office immediately.
David Suarez, you have no place in public office. You bring nothing but shame and embarrassment to our city. And also one last thing, the fact that all of you have the audacity to talk about hate and uh while you spew nothing but hate
and target your own private constituents with hate and violence is not lost on me. You surely have some nerve, do the right thing for once. >> Mr. Minor >> Commissioner Suarez,
>> I just want to call out there some hypocrisy here. I think it's really rich that the person that was crying victim for months about free speech is now trying to trample others free speech.
Um, I want to remind this room and those watching how insane the last speaker is. PJ, if you could pull up the screen, please. I want to show everyone that the comparison between this person and Nick
Fuentes, who's a veral anti-semite, uh it says the Zionist propaganda machine is fullon putting our tax dollars to work comparing Israel to somehow the government
spending and how Israel and Jews Excuse me. I had I gave you a opportunity to speak. It's now my turn to speak. >> Excuse me. You excuse me. >> You're mislabeling me. >> Excuse me. You had your opportunity to
speak. You had your free speech. I did not interrupt you. Now it's my turn to speak. >> I never said to ever. Not in one post. I always say >> Can we go to the next slide, please? >> I never say to. You're a liar. >> So, we have a government that's completely beholden to Israel. And for
those of you who are watching, I want everyone to know that the reason why people like the last speaker hide behind Israel is because they don't want to they don't want to call a spade a spade. They want to be able to say Israel and not Jews because it's the same thing
because without the state of Israel, the Jewish people are are destined to to be wiped out. And that's the reason why there is a state of Israel. So we have complete government that's completely beholden to Israel. Nick
Fuentes is okay but Israel controls America. It's the same line of thinking. Next Candace Owens same thing. A veral anti-semite. We have a government that's been completely beholding Israel. And if
you'll notice the pattern here, it's it's the same people online and in the world that somehow say that Israel is controlling the government and that there's this conspiracy. It's the same ones that you saw here.
Next, I want to go to the Ayatollah, who's no longer with us, thankfully. That's There we go. The US, the US is definitely the Zionist regime's accomplice orchestrating the crimes being committed in Gaza. That's the same sort of logic
that everyone just heard here from the last speaker. I want to let everyone sink this in for a minute. The Ayatollah of Iran who wants to wipe out Israel with nuclear weapons has the same line of
thinking from some of these extremist activists. PJ, you can put the slide down now. Now, for the group here, JVP, JVP is not a peace group. It is one of the most cynical, dishonest, extremist
organizations in American politics today. They hide behind Jewish identity while giving cover to the same radical movement that demonizes Israel, excuses anti-semitism,
and cheers on the destruction of the world's only Jewish state. And the only thing more hypocritical than JVP is Queeers for Palestine, a group blinded by ideology that they march for people who would erase their
freedoms and their very existence. Let me be crystal clear. This is America. You have a right to say outrageous, hateful, crazy things, which you are clearly doing today. And I have a right to call it out as
exactly as it is. No censorship, no intimidation, no moral blackmail. We just had swastikas graffitied on our city in front of a Holocaust museum, in front of a pride
bench. We had Jewish school teachers spit on. This is in our city. Meanwhile, these lunatics come up here
and espouse more anti-semitism. Miami Beach will not be bullied into silence by extremists pretending to be activists. We will stand proudly against anti-semitism, bigotry, hypocrisy,
and anyone who tries to normalize hate. Thank you. I'll just add there's only one country in the world right now that has to consistently defend its right to exist and that's Israel. It's the only country that when it defends itself from attacks
against its civilians has to defend itself. And not only does Kamas and Iran publicly state that their goal is to destroy Israel, but Israel then gets accused of what they're trying to do just because it's defending themselves.
And that's the point here. It has become to the point everyone can disagree on politics and policies of a specific government. We do that in America all the time. They do that in Israel all the time. Most countries in the Middle East, you can't argue the politics. In Israel, they do. It has become to the point where when
you're questioning Israel's right to exist and defend themselves. Yes, it is anti-Jew. It is anti-semitism. Because without an Israel, without an army to defend Jews, not only in Israel, but everywhere in the world, Jewels are vulnerable. And that's exactly what our
enemies want. I'm Donna Neville and I live in North Beach. Two quick points. I teach courses and workshops on anti-semitism across the United States. Anti-semitism is discrimination against Jews, stereotypes
of Jews, violence against Jews, or targeting of Jews because they are Jewish. Anti-semitism is not criticism, including harsh criticism of Israel or Zionism. Period. for hundreds of
thousands of us. In fact, it is our Jewish obligation to speak out against injustice, apartheid, genocide. To quote Jewish philosopher Brian Clug, and I quote, "Anti-semitism has rightly been
called a monster, but false accusations of anti-semitism are monstrous, too." Unquote. two, when a member of the city commission acts unethically, is a bully, lacks any integrity, and
puts Miami Beach residents in danger, literally targeting them to be harmed, as was done to me, I would hope that this person's colleagues would speak out and censure such a person. That is why I am asking this city
commission to censure commissioner David Suarez for behavior unfitting for someone in office. And with all due respect, if you remain silent, that ends up being a reflection on all of you because we know all too well silence is
complicity. Thank you. >> Thank you. Next, please. Hi, I'm Gregory Reggano and just wanted to say this is like real democracy in action, you know, even for people you disagree with. Um, so I thought this was a water hearing today, right? So I'm I'm
here to talk. >> Yes, I'm here. I'm going to bring it up now. I'm here to speak exclusively about the water. So I've been here before. I'm on a bit of a wild goose chase. My background is as an environmental lawyer. Um, I used to work in New York City as a big law firm, represented like
billions of dollars uh in various different transactions related to the sciences, specifically environmental law, including pretty high-end environmental litigation regarding forever chemicals. And this is an announcement to everybody here. So, the Miami Beach drinking water is highly
contaminated with PAS forever chemicals at levels a thousand literally a thousand times higher than what the EPA says is safe. I I brought this to the attention multiple times really. So that's really bad, right? But the single biggest issue is in the water report
that is put out by the city of Miami Beach, which likely comes from Miami Dade. It states that the water is safe and excellent. So the water is more than a thousand times higher than what the EPA says is
safe. PFOS Forever Chemicals, PF FAS, and the City of Miami Beach Water Report says the water is safe and excellent with children drinking it. Um, speaking with my own personal urologist, this is anecdotal now. She says that she's seeing a significant uptick in the
diagnosis of testicular cancer. According to the EPA, the two types of cancer that emerge from POS contamination that you get from drinking water is kidney cancer and testicular cancer. Testicular cancer is a rare disease. So
there's potentially an up an increase in this. This is very bad. It should be addressed immediately. We shouldn't tell children that the water is safe and excellent. >> Thank you. You you mentioned your uh you used to work for a big law firm in New York. What's your current employment?
>> I work at my family's law firm, Reggano LLC. >> You have any other businesses relating to water quality? >> I do not. >> Okay. Thank you. Yeah, we have John Norris who's also going to come up and and speak. But >> I was just going to ask John to come up and and and also just for the record for
people listening, um I believe you've met with John and and Amy Nolles, our director of sustainability. So this conversation is ongoing. It is an issue that is um handled by the county. Everybody knows and agrees that PE, if I
may finish my sentence, everybody knows and agrees with you that PASS are a a really big problem. They are endemic throughout everything we touch and consume. Um, and John has great expertise and I look forward to hearing what he has to say. >> I I have to interject. They're not
endemic in everything we touch and consume. They're not. This comes specifically from the airport, from firefighting foam, from plane crashes. Specifically, the wells that serve Miami Dade and the city of Miami Beach come from the airport.
>> Okay, but >> wait. No, no, please. I have expertise on this. The wells to the west of the airport are uncontaminated. >> John Norris, please. >> Have you been doing this uh having these conversations with the Dade County folks? >> Yes. >> There's no response. There's no response. They are the ones who control
>> children and cancer. Thank you. Thank you. Yes, >> Steve. The countyy's in lit about this with many other cities. >> Oh, let me see this. >> There's like national litigation with >> John Norris, our public works director. >> Good morning, John. >> Any North Beach resident that >> North Beach res? Yes.
>> So, POS is currently identified as an emerging contaminant by the EPA and D. This happens quite frequently in the regulation of drinking water. They come up with emerging contaminants and they come up with future rules. In that time
they're doing studies to establish what the maximum contaminant level should be in the future. There is a rule that is being considered to be implemented in the year 2030. Currently, so Miami Dade water that we purchase currently meets
or exceeds all maximum contaminant levels from the EPA and D. All the producers of water are currently looking at their facilities and how they treat water to address the potential new rules that are coming in the future and
that should that will meet or exceed all future maximum contaminant levels. >> Thank you. Thank you. >> Can I can I respond? >> It'll take 30 seconds. >> No, we we we have to we have to move. You made your points and he made his points. No, I'm sorry. We have to move
on. You say it's safe and excellent, right? So, he's saying the water is not safe and excellent. There's also a $200 million lawsuit. You're putting out to children that the water is the water safe and excellent. >> Uh, I'm sorry, sir. We're not going to have this debate. >> It's not a debate. It's not safe and
excellent. >> You should warn children and their parents that this is cancer causing water that's a thousand times higher than what's safe and excellent. You put in writing, no it's a products liability thing massively that could wipe the entire insurance of the city of Miami Beach.
>> It's not safe and excellent. That's a products liability in writing. Please adjust that and warn the children. >> Is your family is are you or your family law firm involved in this litigation that you just >> Yes. Yes. We're cleaning municipal water supplies multiple places in the country.
>> Okay. I don't understand what what's it's it's not safe and excellent the water. >> Thank you. And you may you and and thank you for coming. I appreciate it. >> But you keep coming at me like my family has a conflict of interest in this. >> Mr. Mayor,
>> I think it's important to know where we're where we're where we're >> It's important to know that the children are being lied to that the water is safe and excellent for industrial-grade military cancer-causing chemicals and they're consuming it. Is there filtration on City of Miami Beach High School? It's a simple thing. It could be
done within 30 days. Reverse osmosis and ion exchange. >> You could literally call a company now to have it installed immediately. >> All right. Thank you. >> Thank you. >> Answer. >> Next, please. >> Hi, good morning. Um, my name is Milos
Aosa Delgado. I'm a resident of Miami Beach 56. >> Can you move the microphone down? Thank you. >> Sure. That's better. >> Yes. Thank you. >> Hi. So, first I would like to extend my um special thanks to you, Commissioner Laura Dominguez and Elizabeth and Julian
um for giving us the opportunity to be here today and supporting the mission of the National MS Society. M >> so I'm here for a slightly different reason than all the other um reasons that people here but I'm here just to bring awareness to the MS community and
just bring light to um this disease that affects like 30 million people in in the US. So I just wanted to share some light on this and what we do and I think that a lot of people would appreciate this information today and we have a table outside as well. So this year, the
National MS Society proudly celebrates 80 years of research, advocacy, progress, and support for individuals and families affected by multiple sclerosis. Today, nearly 30,000 people in Florida are living with MS, and more than 2.3 million people worldwide are
affected by this disease. Over the years, the society has helped fund groundbreaking research while also providing vital local services including support groups, wellness programs, educational resources, advocacy, community con connections for individuals living with MS and their
families. We also bring the community together through meaningful and inspiring events across Florida, including WalkMS MS in Miami and Boca Raton, our MS bike ride from the breakers to Key West and several signature fundraising events throughout the state, including upcoming events in
Bokeh, Jacksonville, Tallahassee. Every event, every volunteer, and every supporter helps make a difference in someone's life. In recognition of MS World Day, we would also love to invite the community to join us for a special brunch gathering on Saturday, May 30th at Bernie's Cafe.
Whether you are personally affected by MS, know someone who is simply wants to learn more or become involved, we welcome you to connect with us. Please stop by our table to pick up resources, learn more about our programs and upcoming events. Thank you guys so much. >> Thank you. I'm sorry, but since the
microphone was up, I didn't catch your name. >> Oh, Magos Delgado. >> Thank you >> from the resident. Um, Miami Beach Resident 5600. Thank you so much. Thank you, Laura. Thank you, everyone. Please stop by the table. Thanks. >> Okay, >> good. Good morning, mayor and
commissioners. Eric Marshall on behalf of the Waverly Board of Directors and Residents. I actually sent in a presentation, too. It's under C7 AJ. It's just a couple pictures if you have it. It's regards to the railings that were recently installed on 14th Street, 10th Street, and Lincoln Road. I reached out to the mayor and commissioners. I
see there's a resolution to rescend it, remove them. I really appreciate that. Originally, I guess it was for the boats a couple years ago. It was approved in 2024. They put were put in last week. Please, please, please, if we can remove them before the 2028, that would be fantastic. The sooner the better. Uh,
you know, it's a public walkway where they're now not going to the public walkway. They're just going to the neighboring properties and sitting for sunset. That that's the Baywalk there where it's empty with the new fence. And then if you do the next picture, that's them at sunset in front of the Waverly. Uh, you know, it's it's a nightly occurrence. It's on the same side as the
flamingo as well. If we could just get those railings removed, really appreciate it taking the time. You guys are always been responsive, so I just wanted to come down and say in person, you put it right on. >> Eric, I just want to let you know I I have an item. I had it on consent. Commissioner Bot pulled it, so we'll we'll discuss it after 5:00 today.
>> Okay. I didn't know what time it would be, so I went to come down and just spoke with her and I actually spoke with Commissioner Bot earlier today. So, I'm hopeful that we can have them removed. Thanks so much. Have a great day, everybody. >> Thank you. >> Yeah, that's on the pool list. You should check it before.
>> Yeah, it's too late. >> Hi. >> Hi. >> Hello. >> I won't speak until the mayor sits down. I can't. I got I need his attention. Mayor, welcome. Thank you. So, to bring a little bit of hopefully some levity to
this uh amazing occasion here. Um we understand that uh there is a up for consent vote on the farmers market >> coming up today. Um I won't be able to stick around for it because um we're in the middle of producing Miami Swim Week right now. You guys are welcome to come
next week from Mandre on um but we're just here to lend our voice. Um we're putting together. So the conversation started about the farmers market um at the blue zone meeting that Commissioner Joe Magazine and Commissioner Tanya Bond
uh held almost a year ago now. and uh my our partner Todd English, Chef Todd English, who may be walking in any in a minute now. Um started talking. I go, "We need to put another farmers market to the city of Miami Beach." We started the conversation with Commissioner Bot
and it just took off from there. We've developed a wonderful community within our group to bring the farmers market to Miami Beach and including Chris Robertson, Chef Chris Robinson here. Caroline has been amazing what he's doing. And so we're just here to speak
on its behalf. It is a farmers market for the community that brings people together, addresses some of the um some you know some of the food issues and organic and educational and the experience of it. Um it's occurring at um West 85th in Collins and uh we're
just here to say thank you. Thank you for your support and we look forward to bringing something again that brings us together in a wonderful organic no pun pun intended organic way uh that we can enjoy from all walks of life. Um that's
what that's what the farmers market's about. It's a labor of love and I can't thank Commissioner Bos Commissioner Bot for leading the way on this um charge including City Castanov parks but thank you Chris. >> Thank you. Can you say your name again?
Oh, it's uh Rich Santis who asked. >> Thank you. >> Thank you. Okay. Thank you. Thank you. >> Is there anyone else in the audience who wishes to speak? If not, I'm going to go to Zoom. Our first caller is Amanda.
Amanda, state your name, address, and you have two minutes. Amanda is gone. Next caller, Johan Moore. Good morning, commissioners. Uh, I will have a few comments on practical affairs, but as a queer for Palestine
who opposes Zionist genocide and attempts at eradication of the Palestinian nation, I will join in calls for the fascism supporting commissioner to resign uh from this commission.
I would like to speak in favor of C7 AI the water rate moratorum. I think 6 months gives the city enough time to figure out a way to uh get the money it needs for water and sewer infrastructure
improvements while finding some mechanism that would alleviate the burden on the most vulnerable. and I believe that has to be attached to specific AMI brackets.
I also am objecting to R5T uh the uh repeatedly appearing uh suspension of the color requirements for the historic district. Um, and I want to support uh C4F
uh Commissioner Mateo Salina's uh affordable housing uh fund as well as express my support for pursuing the possibilities of a cable car system that could augment uh the uh water taxi and
that specifically might permit for a much lower cost. In fact, extending such a service across both causeways and via city hall and the convention center uh which uh has proven problematic and even
objectionable on the part of some uh when we're talking about extending the metro mover. Thank you very much. >> I'm just going to comment because I can't let false narrative just go. It's interesting. I don't have the exact numbers, but we hear the terms, we've heard it today about genocide.
Meanwhile, the Pal Palestinian population has increased exponentially. So, it we talk about genocide, but their population is growing. Israel after it was attacked by Hamas and and Iran's proxy, Israel sent text messages out,
drops flyers, announces in advance when it's going to bomb and go into certain areas. I mean, Israel's and its defense forces take extreme measures that very few countries would take to try to have civilians out of harm's way.
>> Mr. Mayor, I also want to remind everyone watching that the last caller called for the nuclear destruction of Jewish cities across the world. So again, these people are extremists
and they are the the symbol of hate and bigotry. Uh and it's it we of course they have a right to say whatever they want, but we have a right to call it out every time. And some of those on this
day may disagree with that. But I am not going to sit here and let extremists drown out at least my voice and the voice of reason. >> I think we learned the lessons from history that silence is not an option.
>> Mr. Mayor, >> Commissioner Bach, >> um I am not going to get into foreign policy. It is not my job. I'm here to try to figure out how to fix our roads and prevent sink holes from happening because our sewer lines fail. Um, I will say that as elected officials, we are
very much entitled to have very different views on lots of different things. We can vote our heart, our conscience. Um, but our first job is public safety. And I would just suggest that in our role as an elected
official, it's a different thing than talking among friends about how we feel about people's actions. Um, and when we in our capacity as a public figure
put virtual targets on people's backs and um um call them out for their views, which I don't necessarily agree with. Um, that is a very different thing than having a discourse. And I think that is
um dangerous. I think it's dangerous in the same way that um posting things that are inflammatory can be dangerous and I think it is our job as public officials to um not single out residents unless
they are doing something illegal in which case by all means proceed. but to identify a number of of people um by name repeatedly and call them out for their their views if they are not doing
anything illegal. I think it is a heightened level of of um attention that could result in tragedy and I I think we are being very cavalier about the the um
import the weight that voices from Adis have not necessarily today's conversation although parts of today's conversation but in general I think it's bad bad precedent to target individuals by name from a
sitting official, elected official. And I think it's dangerous, >> Commissioner Sorz. And then I do agree with your first part of your statement. I'd like to get back to the order of business just to let anybody know who's listening. Uh none of us on the day has
brought this up today. We have members of uh some residents, some maybe not. I don't know. I don't know where everyone lives, but uh I believe when we hear uh narratives that are false and dangerous, they need to be countered. And that's what we're doing here.
>> And Mr. Mayor, I'm not I'm not having an issue with that at all. That's a discourse. >> I I didn't say I didn't say otherwise. I'm just I'm commenting for all people who may be listening why we're having the discussion. We didn't bring it up. None of us here today brought these issues up. We had individuals who came
as is their right under our sutnik era. anyone can come in and talk about uh uh topics on their mind and their concerns, but when when we hear false narratives and what I believe is dangerous rhetoric that could potentially harm members of our community, this is not this is not
just about a conflict happening in the Middle East and in Israel 6,000 mi away. This has a direct impact on people's lives here in America and in Miami Beach. We see it throughout the world, the violence that
is happening because of this dangerous and false narrative. And we saw it happen in our city. Thank God nobody was injured, but we saw it happen on the rainbow bench by Lumis Park with SWAT stickers and Adolf was here. It has an
impact on the world and that's why we must counter the dangerous rhetoric. Commissioner Suarez. >> Thank you, Mr. Mayor. So, I just want to be clear that I have free speech just like anyone else in this country has
free speech. I like to use my free speech and calling out bigotry and hate and those individuals pushing that extremism. And I don't see anything wrong with that. I don't think that that's a bad precedent. I think that's a good precedent. I think
finally, for once, when we know who anti-semmites are and people who are pushing hate, they should be called out. I I don't see anything wrong with that. And, you know, Commissioner Bot, I
respect you, but respectfully, you know, I I don't need to take direction from you and and and to tell me what a good elected official is. I mean, we both have criticisms of each other, but I I don't I don't judge how you
manage your your office or or what you say. I I I give you free reign because this is you got elected the same time I got elected and and you have every right to say whatever you want to say, but I will never criticize you for how you conduct
yourself. And that's that's on you. It's not on me. And so, you know, respectfully, I would appreciate if you keep your comments about how I conduct myself to yourself. Thank you. >> It's a public safety issue. >> Okay. Any more callers?
>> Uh, our next caller is Tim Carr. Mr. Carr, two minutes, please. >> Good morning, everyone. This is Tim Carr, Toby West Neighborhood Association. I just wanted to call out a couple of quick items. Item C4A and C7R. I know it was on the consent agenda at
last month. Mayor, if you could please call it today. It's very important to help move this process forward to help the residents during the West a phase 2 construction process to assist with parking needs and also for staging uh construction equipment uh over on the
Epicure site and to help move it off at some of the sites at the parking lot next to Trader Joe's. Again, moving this forward will also help the city with other construction project uh staging needs throughout the city as well. Uh the second item is also C7 AJ. Again,
Eric Farel from the Waverly condo board just recently talked. Again, this is really important to remove the fences at the 10th and 14th Street bay walls. Again, we were not even aware of the design of those fences and that they were even going to be installed. I wish
we had known in advance so that we could have used those funds to help install uh railings along the Miridor Baywalk which is currently still not open because it's missing uh Baywalk fencing in that area which is critical. So again, just keep that in mind. I know you have a busy day
of agenda items, but again, if you could please call and discuss C4A and C7R and also C7 AJ. Thank you. >> Thank you. Our next caller is Karen. Karen, state your name, address. You have two minutes.
>> Can you hear me? >> Yes. Go ahead. >> Okay. My name is Karen Rukus. I am a Miami Beach resident. I want to thank commissioners Alex Fernandez and David Suarez regarding their support of a moratorum on the increase of water and
uh sewer infrastructure. Um, in currently everyone knows that we're in a period of very inflated living costs which is making it very difficult for longstanding residents to remain residing in Miami Beach. It's Miami Beach is not a cheap place to live in.
But I what I do um take exception with is that last year I think we had a surplus of about 11.6 million. And as as Commissioner Tanya Bot said, if we needed to prevent sink holes and improve sewer infrastructure, why wouldn't that
money be spent and and directed towards uh important infrastructure? The second item I want to talk about is independent waste removal. I think John Norris has corresponded with me. We had a unexpected 30% increase uh from our
independent waste uh removal company. And I think that's unreasonable. And um I think what we need in Miami Beach is more competition. I know that John Norris had suggested that uh we might get to get to see five companies coming
in uh to Miami Beach. That might be an answer. Um otherwise for these smaller buildings perhaps uh city removal as per paid through our property taxes might be another idea. Anyway, thank you very much for your time and again, thank you for your support on this. Commissioners
Fernandez and Suarez, >> thank you so much. Our next caller is Aso Middleman. >> Go ahead, please. >> To Miami Beach. This is Asa Middleman from Curious. Our community was recently shocked to
see the CBS report on your commission sending out public hate messages to other Jews for supporting peace in the Middle East, paying for mobile signs with pictures of your perceived quote Jew haters. Our rabbis take note that this is not the Jewish way. In fact,
this is the same guy that was caught stealing political signs from his opponent with his family. How can a city government support the hate this person creates while disrespecting the entire Jewish community? Comparing residents who simply disagree with the Palestinian genocide to the Jew hater, Nickuentes,
and others. It's time you get commissioners who have the capacity to behave older than a 14-year-old. Thank you. And Shiron, >> our next caller is Jessica. Jessica, state your name. >> I'm I'm also going to intercede. Uh
obviously we're on Zoom so I don't you know we'll take people's words who they who they are. You're always going to have a select few in any group who sort of turns against its own people. Um so but I I'm going to be consistent when I hear the term people throw out lies and
false narratives. There's there's a one-way genocide attempt here and that's against the state of Israel. Um and I gave I gave examples before. I won't repeat myself. Jessica, please unmute yourself. State your name, address. You have two minutes.
>> Hello, my name is Jessica Pa, resident of Miami Beach 33139. Vibrant meeting here. I will speak quickly um and get right to the point. Although, let me begin um addressing everything else that has been said.
Preservation, historic preservation has a lot of overlap with all of these issues. Um, in regards to the conservation of resources like water, the maintenance and repair of city infrastructure, and even the topic of of
of deplorable acts of hate when anyone sees a beautiful place or beautiful people, there will be negative players that want to, you know, take that down or have it as their own. And I really see the
thread of constant new development as that people wanting South Beach Miami Beach historic districts as their own. Now to get quickly to my comment. I recently watched the HPB historic preservation meeting May 12th via YouTube. Something architect Enrique
Norton who works for the land owner and developer said really stuck out to me. He said that replicas of historic building facades have gotten so good that you can't even tell the difference between the original and the replica.
Then he added, "This is not a hard building to replicate." Referring to 1600 Washington Avenue building, which is proposed for demolition. Quickly wrapping up, this comment requires pause. If we are in fact so
good at recreating historic building facades, buildings in general, then what's the point of preservation at all? I mean, Disneyland's castle looks just as good and authentic as England's Winthor Castle, right? Wrong. We all
know this isn't so because we can feel the difference between authentic original architecture and replicas. This >> sense of place. Thank you. Our next caller is David Roland. You have two minutes. Please state your name
and address. >> Hi, thank you. Um, I'm David Roland. I live uh 8 in Uklid. Uh, I I I called the mayor's office about this. Recently, there's been construction over uh overnight, all night, very loud
construction over the sewage and manuals. Uh, Commissioner Magazine responded to a Facebook post about this, but I have I have not been given reason why I called the right of way. I did not get a call back why this sewer
construction for these manholes cannot be done in the daytime. These roads are not busy, but meanwhile, children have school the next day, parents and non-parent adults have work the next day. Why can this construction not be
done during the day? >> That's a simple answer. Maybe we could have our public works director. Uh because this has come up numerous times. >> I appreciate you raising the issue, Dave. >> Morning. John Norris, public works director. I'd like to look into this
case specifically, but they are probably doing manhole rehab work and >> you know that is citywide. So what we might need to do is look at exactly where they are. A lot of areas within the city, we do not want them doing manhole rehab during the daytime due to
traffic concerns. We try and balance the traffic concerns with the noise complaints and it really is a difficult thing in the city of Miami Beach. So >> So John, if I could, I know Dave specifically, just cuz I had corresponded with him has uh reached out. Uh it's the manhole cover issue
that we discussed and and you replied back, I think in the middle of the evening. I appreciate the time and dedication on that. Um, but it is in the Flamingo Park area and just off the top of my head, I would agree with the gentleman that it's not a very highly trafficked area. Uh, if we would be able
to have some internal discussions and consideration, does it make more sense to have that there during the daytime? >> Absolutely. We'll do. >> Thank you. Y Thank you. >> Thank you. Thanks, David, for the call. Our >> next caller is Travis Spencer. Mr. Spencer, you have two minutes. Please
state your name and address. Can you guys hear me? Okay. >> Yes. >> Okay. Very good. Uh, good morning, mayor and commissioners. My name is Travis Spencer, and I'm speaking on ordinance 20264800, which is the shore-based shark fishing
prohibition that was codified at section 1021. The city's at I'm sorry, the city attorney's office has already concluded that this ordinance must be repealed. enforcement has already been suspended and the legal analysis is finished. What
remains is just procedural and the law on this is settled by article 4 section 9 of the Florida Constitution by amendment 2 ratified by voters in 2024 and also by the FWC's general council
April 20th letter on materially identical ordinances which was essentially the Marco Island uh situation in Florida. And today my respectful ask is direct. I am requesting that a commissioner make a
motion today from the dis to suspend the rules and place the repeal of ordinance 20264800 on the next available meeting agenda not June 24th not July 22nd but preferably now. And here is my offer in exchange.
If the commission uh or a commission moves to accelerate the repeal today, I will submit in writing before the close of business a formal administration request to suspend processing of all 10 pending public record requests. I
currently have on file with the city pending final repeal. Now, this is a meaningful operational relief for your clerk's office and your city attorney, and I am prepared to put it in writing today. Now, this decision will be watched uh because we're fighting ordinances, the same ordinance or
similar ordinances in Indian Shores, Readington Shores, Treasury, and Delroy Beach. Uh and >> our next caller is >> I just want to speak to the last speaker
through the mayor. Um we we are going to be issuing a reversal of that but ordinance take 2 weeks of uh notice requirements so we couldn't just put it on this agenda. Um but I believe one of
my colleagues is going to be repealing this for the next June meeting. Thank you. >> Our next caller is Wayne Roberts. Mr. Roberts, you have two minutes. >> Wow. You you knew my initials, WR to be Wayne Roberts. Congratulations.
>> Years, Mr. Roberts. I know them well. >> Uh good morning, ladies and gentlemen. Um I am a Jewish voice for peace. Um and uh I find that uh that I wish these folks would focus on the real problem.
And the problem really is that uh uh the Iran through the IRGC and their proxies Hamas, Hezbollah, the Houthi, uh Assad has um annihilated over a million citizens in those
countries of Lebanon and Syria and Yemen alone. They've uh annihilated 30,000 of their own citizens that were rebelling against the the uh theocracy. And that uh this year alone uh that they
turned off the internet so that that nobody could speak to the outside world. That um they have uh decimated the economic output in in the crown jewel of the Middle East and Lebanon that was
number one in the world uh in in the region uh to down to to uh $2,000 per capita. Syria down to $1,000 per capita. Iran pre-war was $4,000 per capita. Now it's it's approximately $2,000 per
capita. And they they've ruined the lives of not only Jews, but Arabs themselves. And these folks are opportunists that come into this this uh chamber uh in in in such a uh nefarious
way. Um, I know some of these people and uh, one I I was vehemently against her election uh, because I knew what kind of person she really represented to me. Um, and I find it offensive and the
opportunists that that walk into this room, we should just uh uh, you know, take it with a grain of salt. But thank you very much. Have a great day. >> Thank you, sir. Our next caller has a screen name of Miami Beach. Please state
your name, address, and you have two minutes. >> Good morning. Uh, Wanda Jam, 8305 Grispy Boulevard. Um, I wasn't going to speak about this topic, but I want to make it very clear
that we are Americans and we are protected by the freedom of speech and expression from any group, individual or elected officials. As we know, Iran is the biggest sponsor
of terrorism in the world. The Ayatollas of Iran and all the proxies alike Hamas are sick people. They do not only go after or harm Jews. They also do that to
Christians. And I am a Christian. They go after gays and any other entity that doesn't agree with their absurd beliefs. Moreover, not to forget that they chant death to America and that means all of
us. With that said, I with that said, I am opposing also opposing item C2D as I send emails to all of you. And I am sorry because I'm sick. I'm also um in
favor of the moratorum for the water utility hike and uh we need to really look at this hikes that are affecting us residents um the water hikes the uh
the trash uh it seems like everything seems rising uh without the proposed hike approval we still seeing uh monthly increases. I'm getting $800,
$900 a month. I'm forced to raise the HOA on my compliment. You're >> out of time. >> Please. >> Our next caller is Lori Beckham. >> Good morning. Thank you so much for having us here today. Lori Bacham,
executive director of Power Access and the South Beach Jazz Festival. I'm here in reference to R 7K to speak our opposition of this item. Power Access is a local nonprofit for cultural arts and
inclusion in the arts for people of all abil abilities. 100% of our programming takes place in Miami Beach. 95% of our pro programming is free. A large portion is for youth programming, but that is
not um all the programming we do. Ourselves and organizations like ours in the arts that provide programming contribute to the 1% resort tax that brings culture to our city and cultural tourism. We are also well supported by
the community and residents quality of life is increased because of our programming. The way this is written, we would be excluded from cultural arts programming funding which we rely on. We are a cultural presenter. We perform all
over the city and I hope that you will not pass this resolution. Thank you. >> Thank you. Our next caller has a phone number that ends in 5600. State your name, address, and you have two minutes, please. Please go ahead.
>> Good morning. >> Good morning. >> Unmute yourself, please. >> You're muted. >> Good. >> Good morning. Can you hear me? >> Yes. Good morning. >> Hello. Uh, good morning, mayor and city
commissioners. My name is Christina Vega. I live in Golden Dream Condominium located at 65 Washington Avenue. I'm speaking today on behalf of cyber money laundering and real estate investigations for I'm here to put the city on notice regarding material
ownership presentations of ownership and legal standing in development applications specifically DRB 25159 DRB 251099 DB 220548
this is a formal demand toward the development application ations due to the city's lack of jurisdiction. We conducted a forensic analysis into the documents submitted to the city related to 1790 Alen Road, 12 West Avenue and
9352nd Street. We discovered forgery and material mispresentations regarding the ownership of the land to be redeveloped under city of Miami Beach code section. Any application employing a device
scheme or artifice to circumlo disclosure requirements must immediately be deemed null and void without further force or ethics. Therefore, the city lacks jurisdiction to proceed with the application. Cyber money laundering and
real estate investigation corp is also filing a petition for the bank secrecy act injunction with the US secretary of treasury and the office of foreign assets control along with notice of probable cost procedure for the computer
fraud and abuse act violations report with the department of homeland security and the secret service. We will send the demands to voice letter along with our discovered evidence of misrepresentations and forgeries nuclear commissioners and the city authority.
>> Thank you. Unfortunately, you're out of time. Our next caller is Amanda. Amanda, please unmute yourself. >> Thank you. Can you hear me? >> Yes. Go ahead, please. >> Okay. Good morning, commissioners. I'm Amanda Fischer. I'm a resident of Miami
and I'm a member of our loc local Jewish community like yourselves. Uh I'm here today because I'm deeply disturbed and appalled by Commissioner Suarez whose position uh is funded by the public. He used his salary and his office to
purchase roving billboards that circulated around Miami Beach that amplified a campaign that targeted two revered community leaders and Miami Beach residents, endangering their safety by publicly displaying their faces and calling them Jew haters. Alan Lavine is a civil rights attorney and
together he and Don Neville have spent years modeling the very opposite of hate. Their leadership within the Jewish community has created a space where many of us have learned to love being Jewish more deeply and to connect to our Jewish identities, to justice, to dignity, and
collective liberation. The legacy of the civil rights movement that people like Allan have dedicated their lives to is what paved the way for you very people to be here today. For there to be a Jewish mayor in a city that once was shaped by exclusion and redlinining. For there to be women, for there to be
immigrants, differently aabled people on this commission. uh to hold public office with dignity and visibility. This attack does not simply offend or provoke disagreement. It places both both of their lives at risk. No elected official should be able to use the power and
visibility of public office to target elders in our Jewish community. I urge this commission to censure Commissioner Suarez and to call for his resignation because the people of South Florida and Miami Beach deserve leaders who protect our safety and dignity and not endanger
our lives with hate. Thank you. >> Thank you, mayor. That concludes everyone. >> I just want to clear the record that all of my salary from commission goes to charity. In fact, for the first two years, it went to Pelican Harbor Seabird
Station. 100% of my charity or 100% of my salary. Uh and then unfortunately when officer Cahuso passed away, my salary now goes to his widow and three children. So I want to make sure make
make the record clear that none of the money that I get from the government is is accepted by me. It goes to charity. And I also want to make a final note that the one thing I've learned in history and and experiences
when when the people who when there are people out there who hate Jews and hate everything that you stand for
and they're against you, you're on, you know, you're doing the right that you're on the right side of things. And that doesn't just apply to anti-semitism. That applies to anti-LGBTQ.
Correct. Anti-lack, anti-Asian. When you are the one being criticized for defending the minority, you know you're doing the right thing. You know you're on the right track. So today, I learned one thing. I'm on the
right track. And I'm very proud of myself. And I think there's more than enough on here that are proud of me for what I've been doing. So, thank you for reminding me everyone. >> Thank you. Thank you. I agree. And I I'm I'm very proud of everyone on this day and the leadership that we've shown
whether it be anti-semitism, racism against the LGBTQ community, we have stood united and not divided uh in saying that bigotry, hate, racism has no place in Miami Beach.
Thank you, mayor. Uh, everyone who was originally online to speak has spoken, so we may close sneak at this time. >> Okay. Thank you, everyone. Uh, let's get to the consent agenda. >> Yes, Mayor. Couple of announcements. Uh, the following items have been separated from the consent agenda. You have a list that has been provided to you. Mayor
Miner has separated C7 AE again. C7 AE. Commissioner Bot is separating C2D as in dog. C7 X C7 A G C7 AI C7 A L again C2D
C7X C7 A G C7 AI C7 A L Vice Mayor Dominguez is separating C7 A L. Commissioner Fernandez is separating C40 and C4R. Commissioner Mattel Selenas is
separating C7 AH, C7 AI, and C2D. And for the record, Commissioner Mattel Selenus is separating C4, I'm sorry, is withdrawing C4C. So, if you can make
that notation, C4C is being withdrawn. Uh, R5R is being open and continued by Vice Mayor uh Dominguez. And just on the days you have two items. First you have a
revised resolution for item C7AQ uh which is accept donations of approximately $200,000 for artificial turf. That revised resolution is on the deis and a new item was added C14T which is a referral to finance and economic
resiliency committee fund critical resiliency and neighborhood infrastructures through dedicated capital mill. That was by Commissioner Suarez and I believe Commissioner Fernandez is co-sponsoring that item as well. So, the mayor has not approved any of the addendum items to be included on
the agenda. So, if any of those will be heard after 5:00. Uh, if possible, if I could have a motion on the consent agenda excluding the separated and the addendums. >> I'll second on on that. Mr. Mr. Mayor, I'm just we have one of the um time
certain second reading ordinances um R5D that is the companion item to C7 AS which is an addendum item. When you call the time, sir, can those be called together? >> Yes.
>> Thank you. And that I'll I'll second the motion to approve the agenda. >> Can you give me one sec? Uh I have a motion by Commissioner Sy seconded by uh uh Mayor Miner on the consent agenda excluding the separated and excluding the uh the addendums. Uh
>> well with one amendment that C7 which is an addendum item is going to be heard with his companion item R5D. >> So we're going to separate C7A as well. >> Right. >> Okay. U so all in favor of the consent
agenda as stated please say I. >> I. Anyone opposed? Hearing none, the item, the consent agenda is approved. So, one item that just got approved, but I wanted to highlight is that we have just approved Debbie Tucket becoming our
new planning director. Woohoo. Congratulations, Debbie. I I've told Tom, who's stepping down, it's it's big shoes to fill, but I know you can uh you will absolutely do it. I think there's complete 100% universal confidence in
you. >> Yeah. Literally big shoes. >> Exactly. I told Tom we got to retire his number. We got to figure out what that number is. 33, right? 33 years with the city of Miami Beach. So maybe that's the number we retire, but congratulations. >> I just want to thank all of you. Thank the manager and of course Tom for your
confidence in me. I very much look forward to our continuing uh working relationship. So thank you. >> Same here. Thank you, >> Mr. Mason. Commissioner Bach, >> I'll make a quick because I know we've got a lot of catching up to do from the last couple of months, but Debbie, you know, you and I first met when I was a a
nent preservationist and your knowledge continues to dazzle and it is so timely now as we fight to keep what we love about our city and also not um uh let it run a muck. And so I am so thrilled and
Eric has um you know it was a really nice problem to have because I also love Roelio who I've gotten to know um from my days on the planning board. So to me you guys are the dream team. I can't wait to see what you guys are doing together with the rest of the planning department staff and um I am here for
it. So you go girl. Well done. >> Thank you. Let's call R9 AG. >> R9 AG is discussed. Take action comprehensive citywide water taxi programs. R9 A.
>> Thank you, Jose. Um, sponsor. Thank you to my co-sponsors, uh, Commissioner Dominguez, Commissioner Bot, but I know this has has universal support in our in our commission and really wanted to thank you, Jose, because we've been working on this a couple of years and, uh, I I've been pushing and you've responded. It's been an incredible
success. We have the water taxi, which is free every day, weekdays, not yet on weekends, um, going from our Maurice uh, gift park um, uh, to Venetian Marina. and uh it has received uh wide claim uh
support and success. Uh everyone's noticing the state, the county. I've presented recently at the downtown development authority, TPO. You were there with me, transportation planning organization. But really, I brought this item today is because I know um you are working actively and um on a couple of
things. One, trying to get funding for weekend service, try to increase service. Right now we have once an hour, literally 12 hours a day, but starting at 4:30 p.m. we have uh every half hour. Try to increase that. So we have that all day. Also increase the number of uh pickup and drop off point. So we have
south of fifth which is uh which is a very interested in one and north beach as well. Um potentially going to Mount Si other areas potentially going to the Casaya Center but also going north and south throughout Miami Beach. I mean, think of that that you can hop on at 1st or 87th and go throughout our city to
mid beach, South Beach, North Beach. Um, but I wanted you to give an update what you're working on cuz I know you're working so hard on this. Uh, and I think it's it behooves all of us to be involved because um getting funding is not always the easiest uh thing, but the the opportunities are there, not just
from from other agencies, but potentially private partnerships that have expressed interest. Um, so tell us tell us what you're working on, what next steps you can use from us as a commission. >> Thank you, Mr. Mayor. Good morning, uh, mayor, commissioners. Jose Gonzalez, transportation and mobility director.
Thank you, Mr. Mayor, for the opportunity to talk about our water taxi. We're extremely excited about it. Newest addition to our transportation portfolio and an a growing success as as you pointed out. um wrership average
daily wrership is about a thousand uh passengers per day and it it st even when it started it was at about 800 and then it's grown to about a thousand and that's where we are now. Um we are working on multiple fronts uh on
different aspects of the program both the current service as well as trying to expand on it and you know looking looking forward. I'll start with the with the uh with the current service. So the um with the current service as as was pointed out it it operates between
Maurice Gibb Memorial Park and Venetian Marina in Miami. uh at at the Maurice Gibb Memorial Park. There's some challenges there with the space, particularly that the Marine Patrol building will start uh uh being
reconstructed uh very very soon. And so there are challenges with just a lot of construction that's going to be happening there uh for uh several you know several months, probably about a year. Um and we're trying to work we're
working with the contractor to identify the optimal space for some amenities for the passengers including restrooms. It's very important to have uh restrooms that are a little uh fancier than just portaotties which is what's out there
today. So um we have a vendor that's prepared to to deploy a restroom. It's an upgraded restroom facility. It also has for ADA uh accessibility and we've identified a a location for it. It's in
the parking lot unfortunately. >> Let's talk more about how we increase the uh services like weekends weekend services. I mentioned North Beach pickup and and uh to to Miami, one in South Beach and also the interconnectness north and south. How do how do we get
there? >> Sure. So, well, the as as you know, Mr. Mayor, the the most uh the biggest challenge right now right now the the biggest constraint is the funding. If we had more funding, we'd be able to deploy a second vessel the the entire hours of
operation. Um but unfortunately, because we've got that budgetary constraint, we have one vessel in service for the majority of the day up until 4:30. At 4:30 p.m. we kick in a second vessel to accommodate that PM, you know, uh peak
hour rush. Uh, and that operates till about 7:30 p.m. Um, so what we're doing to try to to uh at at a minimum maintain the funding that we have, which is 50% from FDOT and 50% city funds, is that
we've reapplied um under the FDOT public transit service development program. And that's a program that funds 50% of the annual operations and maintenance of a transit program uh up to three years. So
we're actually coming up on our third year. It'll be f next fiscal year, fiscal year 28 will be year three of the service. And we've already applied for uh fiscal year 28 funds. We applied for half of the cost of the service. The
total cost of the service, by the way, is about $1.5 million. And that's really our our biggest constraint um at this point. Um there is a lot of interest on behalf of Miami Dade County. The TPO um
expressed some interest in this. However, they they they're of the opinion that the city would need to charge a fair to at least subsidize part of that operating cost of the service. So, um >> yeah, I mean I I I presented there and
obviously Commissioner Suarez is the representative there. I think there was some dispute. There was couple of county commissioners that mentioned that. Then Commissioner uh Lopez, God bless her heart, uh was sort of was on our was taking the position that we have been espousing that we should do everything possible to keep it free.
>> To keep it free. >> Is there anything we can do as a body? Do you think there's uh additional efforts that we collectively can make uh for example resolutions to a particular body to uh enhance funding?
>> Um Mr. Mr. Mayor, there have been several city commission resolutions already adopted by, you know, by this body. Uh they've been transmitted to FDOT. They've been transmitted to Miami date county to um the TPO as well to the
Citizens Independent Transportation Trust, the CIT. So there have been um at more than two um two or two two to three resolutions already adopted by this body that have been transmitted to the agencies to essentially we're just
asking for support primarily financial support from these entities >> and I'll turn it over to my colleagues but what's amazing about this one it's been incredibly successful I think that the numbers are that 8% of passengers are being turned away which shows you the the success I can't I went down with my family recently we actually could not
get on uh which shows you the the interest in it. It's for one >> say I'm the mayor. Let me on. >> You should know the captain actually cuz they I I take it enough. The captain came or someone working that came over to me and said, you know, you're not going to get on. Do you want to like he didn't know what to do? Which was nice
of him. I said, "No, no, no. I'm standing here in line. Uh the last thing I want to do is cut the line." So, we uh we ended up not getting on. Um we were actually the cut off. There's 55 passengers. We couldn't get on. But what's amazing about this program is uh we talk about the uh congestion and the
traffic. Um this is an incredible efficient way to get across in 18 minutes to get across Biscane Bay. And we're doing all this. It it really shocks people when you tell them we're doing this for close to a year every single day during weekdays for $1.2
million. It's it's an incredibly efficient monetarily option. And of course it's it's fun. It's scenic and uh people really enjoy it. Let me turn it over to my colleagues. Uh, first we'll start with Commissioner Monica Mattel Selenus and Commissioner Suarez and Commissioner Bot. >> Thank you, Mr. Mayor. So, this is a
great item and the water tax is excellent and I'd like to co-sponsor this this item. In terms of funding, again, I'm sure we can find some type of business that wants to sponsor the water taxi, either putting advertisements inside the water taxi or even, you know,
if it was like a restaurant or something, they could pass out little food. I I I want to encourage us to look at advertising. I don't know how my colleagues feel about this. I don't know if wrapping the outside of the taxi would be, you know, there's just so many ideas to partner with private businesses
um you know that might want this water taxi that How many people ride it again? >> About a thousand a day. >> A week. >> A day. >> A day. >> A day. >> A thousand a day. >> So, a thousand people a day. I mean, that's some serious eyes on these brands that might want to come in. And it could
be local brands. It could be a business opening that's um you know maybe one expanding going from Miami Beach to Miami or Miami to Miami Beach. There's just so many opportunities here for for for private um sponsorships. And so I want to and and just a question for the
city manager, who would be in charge of that because I know it's probably not Jose. >> So it's a combination of our transportation department and our marketing communications department. Um, transportation, believe it or not, actually has the most history in working
with advertisers through our bus shelter contracts, um, and our static signs, but um, obviously we're we're constantly trying to work collaboratively to figure out ways to increase the revenue stream on that side.
>> Lovely. Thank you. >> Also want to give a shout out to Mikall Ryoff who's uh, done a lot of work on this as well. Melissa, did you wanna >> comment because we are we are actually actively looking for private partnerships. So, how it would appear? We don't want to make it too much where
we're changing the look of the water taxi, but Melissa. >> Sure. Good morning. Melissa Bertier, director of marketing communications. Um, we actually did have a conversation with Outfront uh to explore it and they weren't as interested because the volume wasn't there. >> So, yes,
>> I'm just sharing. >> Well, that's the issue. It's not there yet. Sorry. Sorry for interjecting, but it's not there yet. And we need to find partners who understand the value of getting in early because it's going to expand. So outfront maybe they don't get
access to this. >> Well said, Commissioner Suarez. >> Thank you, Mr. Mayor. And and Mr. Mayor, you were at the TPO meeting where some of the concerns were raised by other county commissioners and I think there is there is certainly a propensity for
funding from the county for this program, but one of the concerns that was raised was at least if we're going to if they if the county is going to ask for money from the state for funding, there has to at least be the appearance that we're trying to make it
self sustainable uh as far as funding. as far as maybe perhaps a fee. Um, and it doesn't have to be a very expensive fee, but I just wanted to see and look, I understand the the concept that if
it's free, people are going to use it. But if we have the possibility of going to the county and expanding this, if we were to charge perhaps a small fee, maybe a dollar, um, and that would open up two, three different routes. I don't
know how my colleagues would feel about that. >> Mr. Mayor, >> members, >> commission, did you did you want to add? >> Yeah. >> Um, so I I think that's an interesting um way to approach it. We could also do sort of charge for tourists versus
charge for commuters. Maybe there's a monthly pass for $15 for, you know, but I think there are ways to look at it. Um I would I I think a lot of us are working on um finding private funding. Um I know I am working with one of our largest employers trying to do that. Um
I also know that Blue Zones um which we are very close to pushing play on officially, which I'm very excited about, but that's for another time. um is you know this is exactly the sort of thing that Blue Zones will help us get funding for because it addresses one of the quality major quality of life issues
and they can help us um expand our pool of potential grants uh private philanthropy underwriting. So there's a lot of um different ways to do it. So, I I would be interested in seeing if we could find private funding first to try
to keep it free. Um or maybe explore it concurrently and then not, you know, decide once we have more information. Um so that's that's to your question. The other things that I was going to to um ask, Jose, one of the the opportunities that we're really excited about is um
having go north and south. And so I know we've had conversations about where the landing spots would be from, you know, 71st Street down to um the Miami Marina, Miami Beach Marina. I don't want us I I think what happens a lot of times is that when we have an idea, we wait
until, you know, everything is set before we start doing the work to make the idea happen. Um because we're all running around doing lots of other things at the same time. I what I want to make sure is that when we do get the funding to expand because we will it's
not a question of if it's a question of when and how quickly that we are ready to go with we have the sites identified. We know where they're going to go. We know what it's going to take. We've got the permit applications ready to go so that we can just hit, you know, press
play and go ASAP. Um because it will really stink if we've got funding identified and then it takes three years to start the permitting process or figure out where it's going to go. So, I know you guys are underst staffed, Misha. I I'm sorry. It's probably going to fall on your shoulders, but um so I
just want to put that out there so that we don't lose sight of that and get caught short shortsighted if all of a sudden we get a windfall. The other question um I my understanding is that currently bikes are not allowed on the ferry. Is that correct or is that they are allowed?
>> They are allowed. Okay. And e devices, >> scooters as well. >> Everything is so it's not an issue. Is there a limit on how many can fit? >> I believe there is a limit of four devices. >> Okay. >> Four four devices per per trip. And that that's just because of the capacity
constraint within. So I wonder if you know down the road once we get this up and running and it becomes more of a commuter thing and I know Commissioner Lopez is working on trying to find parking on the Miami side so it can become more of a commuter thing but that last mile connectivity so that maybe we
think about um at rush hour at rush hour times um do we allow you know maybe fewer people or run two boats at the same time so we can get more e devices or bikes going back and forth so that people can use it as a true commuter. um
vessel, no pun intended, um uh to to address that need because again, the more people we get off the roads, the better off we'll be. So, just food for thought as you keep moving with this really excellent initiative. >> Thank you, Commissioner Magazine.
>> Uh thank you, Mr. Mayor, for your leadership on this and Ralph, please add me as a co-sponsor for this. um in terms of uh charging and I don't know the dynamics that were discussed at TPO. So perhaps it's uh to get federal or state funding we need to show uh progress
towards it being self- sustaining. So this comment is kind of absent having that background knowledge. But um it's actually there was a fascinating interview just this morning on CNBC by Jeff Bezos and he advocated for reducing the taxes for uh people making $75,000
per year less. But he said, "Let's not reduce them to 3% or 5% or 10%. Should be free." And he goes, "There's a reason Amazon charges free shipping that we don't charge a dollar." So if we're discussing price dynamics, perhaps we
kind of do something that's going to make it self- sustainable, which will probably decrease ridership but raise a little bit more money. Um, or free, right? So maybe three or four, no, four or five dollars per ride or free. I
think if we go with something ceremonial like two bucks, we're probably not going to generate much revenue, but we'll lose a lot of ridership just because there's some people where if they have to pay whether it be 10 cents a quarter or a dollar, they're not going to ride it.
Um, you're going to get your core rider. So I think we just decide do we make the decision to get on the path towards it being self- sustaining. And if that is then we actually have a tangible amount there uh or zero. Um it's just kind of
my initial thoughts. I'm not dogmatic about it but that interview this morning just seemed uh pretty relevant. >> Yeah. My thinking on this is that we had in the past our city has tried paid for services by private operators which I uh voted against because they fail. They
charge too much money and people are not going to use them. So maybe in sometime in the future there's a place to charge a minimum amount. But this is still in its infancy as you say the writership keeps increasing. There's an excitement level to it. We want people off the roads. It's uh it's incredible because
we talk about I mean my when you look at the state of Florida and f does studies we're code red in South Florida. It's not just Miami Beach it's South Florida. We're code red. This is for literally they were talking about doing a a bailink and that that's not this discussion which would cost over a
billion dollar. >> Mhm. >> This is $1 million. We are providing a service literally almost every day. I mean every weekday and for 10520 million we could have a whole network going. It's it's it's it's it's
literally peanuts compared to a bigger picture and other options. I mean, they're talking about being building highways uh o over the MacArthur or the tuttle. We're talking billions and billions of dollars and years. This is a water taxi that we could get literally
up and running in in a matter of weeks if not if not in literally in the matter of weeks. And we're talking in the in the low millions of dollars, 10, 20, $30 million to run a whole network. So, um I I don't get why it is even so difficult
to to get that funding. I've had conversations and I'm actually working with some uh some some senators in in uh Congress to try to get federal funding. One of the obstacles we had getting federal funding is they want to see a level of success before they they will
provide grants and they're more the infrastructure which is necessary but we've we we now have that success which we never had before with any of the operators. So there's a lot of uh movement but I I I wanted to bring it up because I I I know we have buyin from our entire commission. I know we're
we're completely supportive and we need to just keep pushing this forward together. >> Mr. Commissioner Bach, >> have you has there been outreach to find because it's a water aren't they the the people who helped us with the marine with the um mooring field? It's water
transportation. It's ecologically sound. Um it might >> maybe this falls within their purview of of funding. >> Um so I just want to chime in for find that's they're morally responsible for one-time projects. I don't think they I
don't think they fund ongoing. >> No, but they could fund the building of the docks for instance. >> Yeah, >> that's correct. Uh commissioner, uh we have had uh discussions with one of the representatives uh from find and one of the things we learned which the mayor uh
touched on is that in order to apply for federal funds, we need to show success. We also need to show that we've done our due diligence and our research in terms of where the dock will be located. what will it cost? And so that's going to require and it's something we're working
on now is taking the initial the initial feasibility study that we did that was done by a water taxi national water taxi expert KPFF. We're taking that analysis and you know drilling down and as a matter of fact this item the mayor's
item lists uh several locations and uh all of these locations are on either the KPFF feasibility study or the TPO's feasibility study but those are high level feasibility studies. We need to now take those and drill down on these locations to see exactly what it will
take and what what it will cost to build a dock at that location. And then we'll be better positioned to be able to apply for the capital of of funds that are provided by find and by the Federal Transit Administration. >> And is the drilling down in those
locations that have already been identified, is that covered within your department or is that something that we also need to find funding for? We are in the scoping process. So I don't have a cost for you yet, but we may need uh uh influx of funding in
order to get to that next phase, that more detailed phase that looks at all of these locations and determines feasibility, determines where the dock would be located. >> Will you have that information so that we can figure it out as part of our budget process for 27?
>> I can certainly have a cost. Yes. >> Yeah. Okay. Let's make sure that that is something that we capture, please. Thank you, >> Mr. Mayor. >> Commissioner Fernandez. Thank you, Mr. Mayor. I I'll just be quick there. There's one thing that I do know just having observed government for a long
time. Free transportation is successful transportation. When you look at the Metro Rail, the Metro Rail has had great success because it is fair free. When you look at the trolley services, the trolley services are successful throughout all the municipalities
because in the large part they're they are free and especially when you look at our municipal trolley. Uh and I think that that's part of the success of this iteration, Mr. Mayor, of the water taxi that you've led on and that you have successfully implemented. And I do think
that putting a user fee on it will hurt ridership and ultimately the success of the program. I'd like to propose, Mr. mayor that we consider hiring a lobbyist that specializes on county government for this specific issue. Uh because I do
I do think we need someone that is dedicated on advancing this. This is transformative uh a transformative mode of transportation that's going to cost a fraction of any other mode that has ever been proposed. And so I just want to put
that out there as a suggestion. I'm gonna turn it over to Eric. I I I like that. Thank you. I mean, I'm wondering if uh the Eric and the city administration come back with a proposal. >> Yeah, we can certainly take a look at that and see what makes sense. And
obviously, we would want to make sure that they were bringing in more than they were costing, >> right? That's always the uh I figured with your county connections commissioner. I know.
>> Commissioner Magazine, it >> I like the idea, Commissioner Fernandez, about having a lobbyist, but I not but um this isn't the butt isn't towards you. Of all the lobbyists that do business in front of us in the city, are
you telling not you I'm just Are there none of them for >> Yeah. for the good of the community, for the good of the city, the city that they live in, the city that they make a living in, >> that they get stuck in traffic. >> I'm looking around for hands traffic in.
>> Um, no, I I think I I agree with that and I think there's ways to do it. Um, I I love the fact that you're mentioning it, Commissioner Fernandez, because you're you're you're highlighting it for people. Um, but it I guess it behooves us to take a look at what's potential. I think the concern is how much we'd be
spending on it. Yeah, we'll we'll take a look at different options and and maybe bring back a couple of different ones. >> Great. Thank you, Jose. >> Thank you, Mr. Mayor. >> Yes, it sounds like a good idea. Let's
call um >> R5F. R5F is a noise of a mayor and city commission of city may beach Florida amending chapter 46 of the city code entitled environment by amending article 4 entitled noise by amending section 46-152 entitled noises unnecessary and
excessive prohibited by amending subsection B to reduce distance to establish primmaacia evidence of the specified noise violation during specified hours providing for repeal of ability clarification and an effective date. >> I move the item >> this is a second reading public hearing is item R5F.
I see no one on Zoom and no one >> as a sponsor. >> I see no one on Zoom and no one in the audience requesting to speak. We're adding Commissioner Magazine as a sponsor. I believe I heard a motion by Commissioner Bot >> and second by Commissioner Mateo Selenas. >> Okay. So, I have a if there's no
discussion, I'll call the RO. So, I have motion by Commissioner Bot, seconded by uh Monica Matos Selenas, uh co-sponsored by Commissioner Magazine. Commissioner Mattel Selenas. >> Yes. Commissioner Bot, >> yes. >> Vice uh Commissioner Magazine, >> yes. >> Vice Mayor Dominguez,
>> yes. >> Commissioner Suarez, >> yes. >> Commissioner Fernandez, >> yes. >> Hera, yes. Mayor Miner, >> yes. >> Motion is approved. 70. That was item R5F. Let's call R5 A.
R5A 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 entitle definitions clarifying the definition of immediate
family by eliminating 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 the active military duty by amending section 78-286 to increase the
cap of the maximum amount of annual leave hours that may be acred from 500 hours 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 by
amending section 78-29 292 to authorize transfer of part or all over crude leave to an employees 457b account upon retirement, resignation, termination, or death and authorize the use of acrude leave to be used to extinguish a debt owed by the city such as reimbursement over repayments through payroll or
unpaid insurance premiums, repealing all ordinances in conflict with this ordinance and further providing for severability codification and effective date. This is a second reading public hearing. It is item R5A commission. Thank you, Commissioner Mataselinus.
>> So, um, hi Mara. H, this is a a item that we're doing that will benefit our employees. So, this is something that will help them feel a little bit better and appreciated here working for the city of Miami Beach. And Marla, if you'd like to explain the details, that'd be great. Through the chair, Mara Alpisar,
human resources director. Um, yes, Commissioner. Thank you. Um, this is a uh ordinance. Uh this and its companion item for unclassified leave as well will um allow us to align with our collective bargaining agreements and raise the uh
the amount of leave acrual uh to remain constant between years from 500 um maximum to 600 maximum. Um that is the uh proposal before you >> plain English please. So when you acrew
vacation um you can get to a maximum of uh right now under the ordinance of 500 hours. This ordinance will change the maximum every uh before uh that can be carried from year to year to 600 hours. So
essentially, if you're working really really hard and you never take days off and you love your job and you love this city and you bust your butt and you don't take your time, you can now roll o over to more time to the next year. That is correct.
>> How does that ultimately impact pensions? And you know, I always hear these infamous stories of the Long Island Railroad, right? These guys will just stack vacation days and then when they go to
retire, they'll say, "Well, I I have all these vacation days. I'm working this extra overtime." And that's essentially in their last years what they base their retirement off of. Whether it be that or other financial implications, what are the financial implications of this? There are no financial implications um
to speak of because the cap for when you're paid out when you leave the city is remains the same at 620 for vacation. So there's no change to the final payout cap. This is the amount of leave that you can roll over from year to year. So
not to name names, but um you know there are individuals that can't use all their vacation and they lose it every year unfortunately. Does this pay them out their vacation? >> I I didn't Can you repeat the question? >> Do they get paid out their vacation or they just get to take more the next
year? >> Neither. Um when this when you leave the city, you're paid out up to a cap of 620. That remains constant. But when you're working here and you have a lot of vacation because you don't use all your vacation from year to year, you can
only carry over 500. >> 500 what? >> Hours. >> So translate that for me. >> So if I've been here for a long time and I have 520 hours and I can't take time off. >> Oh, I'm sorry. I thought you said per year. Okay.
>> Right. And that year we would have to swipe 20 hours from you so that you could only carry from year to year 500 hours. But when you leave the city you can be paid up to 620 hours. So this brings the cap to 600 so that from year
to year the cap can stay constant at 600. When you leave the city you may be paid up to 620. So there could be significant adjacent there could be significant financial implications of this. So there the city books the the
and I don't want to speak for the finance department but we we maintain our um liabilities based on the cap when you're paid out which is 6ability. >> Use just me as an example or or Joe employee
>> if I can Jason Green chief financial officer to just answer directly the question about pensionable. It says no >> forget pension. Okay, I just >> will not forget it. Include that but don't make it exhaustive of just pension. >> Sure. So this would have no financial
impact because uh two things you when your your payout is not pensionable. So your pension is based on what your annual salary is. So if you have an annual salary of $80,000 your pension would be based on 80,000 regardless of you got paid out on unused vacation of
20 hours or 500 hours. and you only get paid out the payout amount of the cap of 620 doesn't change in here. It's just how much rolls over from one year to the next. So that has no financial impact to the city at all. >> But individually,
while that cap remains the same, if we're rolling over more and more, let's say 100 people now, while the cap doesn't go up, but let's say we roll over an extra how many hours per year per individual?
the cap was is proposed to be raised from 500 per year to 600 per year. >> So you would have to use that 100 hours during that year. You wouldn't get paid out. So again, the financial impact I'm writing a check, the amount I'll be writing the check will never change. >> So there would be no financial impact to
the city. It would just allow the uh employee to take a little bit more vacation the next year. And I think as uh Commissioner Selenus had said, you know, oftent times especially longertermed employees uh acrew a certain amount. And because of just the
our jobs, like myself, uh when my family's out during the summer, you know, if the teachers, you know, I can only take a few about a week, uh after the July commission meeting, so I don't have an opportunity to take uh >> I don't have an ability to take all take all my vacations.
>> How many I I guess I'm getting confused by these number of hours per year. We're raising the cap that you can roll over >> per year. It it it's not cumulative. So it's not 500, then another 500, then another 500, then another 500. It's just
a max of 500. >> But why are we saying per year? >> Because at the end of the at the end of each calendar year, uh the amount can be rolled over. >> How much can you roll over every single year? >> So okay, how much could you acrue in any
given year? >> Oh, wow. Um I'm not good at this. Um >> I believe that commissioner if I could um when you start working for the city you get uh up to two weeks vacation. So that could be the equivalent of 80 hours. After you get to 10 years it goes
up to to 3 weeks that you could acquire. >> So you're looking you're looking at about 120 hours that you could gain at that point in time. That's what's throwing me off cuz if we have a 120 >> every year, every year when December comes, if up to 500, you can roll it to
the next year and you don't lose it. If you have 520 hours, as Marlo was saying, then when we roll over, $20 drops off and you only take 500 forward. All this does is allow you now to carry over the maximum of 600 hours. It still doesn't
have any impact on that final maximum payout that you could get of 620. So it just it it doesn't if you're it doesn't force you to take that vacation at the end of the year just to be able to burn those hours which is what one of the issues that we have is that you know you get to the end of the year you had
thought you were going to be able to make take a vacation you couldn't for whatever work reasons and now you have this time so it's not forcing people to take that time off in December where everybody starts taking off so it just allows you to carry it over and then you can use it in January or February or anytime during that next year but once
you get to that 600 now you that's that's the max you you so it's not there's no cost impact it's just what you can carry over and use it in the beginning of the next year >> I'm having a hard time making logic of that but I'll take your word for it >> thank you sir
>> I hope it's not the the fox guarding the hen house you know telling them uh but no I say that in justest um okay uh there's no financial impact I'll I'll take your word to try and make logic out of that later If no, do I have a motion?
>> Second. I mean, I >> have a motion by Commissioner Suarez, seconded by Commissioner Fernandez. It is a public hearing. I see no one on Zoom and no one in the audience. I'm going to call the role. Vice Mayor Dominguez, >> yes. >> Commissioner Mattel Selenas, >> yes. >> Commissioner Fernandez,
>> yes. >> Commissioner Bot, >> yes. >> Commissioner Magazine, >> yes. >> Commissioner Suarez, >> yes. Mayor Meyer. >> Yes. >> Motion carries. Item R5A is approved. May I do companion item R5B? >> Yes. >> R5B is an orance of the mayor and city
commission of city of Miami Beach, Florida, amending chapter 78 of my Beach City code entitled personnel by amending article 4 entitled unclassified employee leave by amending section 78-181 entitled definitions clarifying the definition of remediate 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 the maximum amount of annual leave hours that may be acred from 500 hours to 600 hours retroactive to
December 31st, 2025 by amending section 78-189 to authorize transfer of part or all of acred leave to employees 457b account upon retirement, resignation, termination or death and authorize the use of acred leave to be used to extinguish a debt owed by the city owed
to the city such as as reimbursement of over payments through payroll or unpaid insurance premiums, repeal legal ordinances in conflict with this ordinance, and providing for severability, codification, and effective date. This is a second reading public hearing. It is item R5B. >> I'd like to move the item. Second,
>> a motion by Commissioner Monica Mattel Selenas, seconded by Commissioner Suarez. It is a public hearing. I see no one on Zoom and I see no one in the audience. Uh, Vice Mayor Dominguez, >> yes. >> Commissioner Mattel Selenas, >> yes. >> Commissioner Fernandez, >> yes. Commissioner Magazine,
>> yes. >> Commissioner Bot, >> yes. >> Commissioner Suarez, >> yes. >> Mayor Miner, >> yes. >> Motion carries. The item is approved. That was item R5B. R7. >> Yes. Yes. >> R7 AE.
>> R7 AE is approved second amendment to Lincoln Road bidou. R7 AE. >> Thank you, John. First, I want to thank the Lincoln Road bid, uh, Annabelle, uh, Lopez, who's here, and all the work they
do. You see, when you come down Lincoln Road, there's a lot of activations. Just opened a FIFA store the other day, which was a nice addition. And, uh, I got to tell you, hopefully we're all seeing it. When I walk down Lincoln Road, it's pretty uh, it's pretty busy. It's it's robust. It's alive.
Take it away, John. >> All right. Um, we're here today to um to extend the city's funding for the for the environment, the maintenance, hospitality, the the work that they do block by block um on Lincoln Road. >> I'll second. Hold on. I heard a motion
by Commissioner Fernandez, seconded by Mayor Miner on item R7 AE. All in favor? I >> sure can we >> can we just specify what this is? I mean, if I'm the public, I'm just sitting here watching this.
>> Oh, what's the second amendment to Lincoln Road Bidu? >> If you want to come up I I know you have some staff out there. You want to explain what they do or you want? >> Yes, absolutely. >> Annabelle Yobi's executive director for the Lincoln Road bid. >> So, Anna, I think everybody knows what the bid does, but what is the amendment?
So the bid and the city has had anou since I think 2017 to go in partnership with really cleanliness and and ambassador program on link road and right now we have a company called block byb block. They do a lot of the urban um
districts around town and across the nation. So if there really are eyes and ears of if there's an house situation, if somebody broke into a store, we had a situation not too long ago, they're constantly walking around Lincoln Road,
um doing light cleaning, uh working with the tenants, working with the visitors who come to Lincoln Road and they want to know where to go. Um but they are really a leazison with the city as well and support the public sanitation program on Linka Road.
Why do we not do that? I I >> Well, it's a partnership. Yeah. >> I sent an email. I walk Lincoln Road every single day. Every single day. Constantly just looking what is good, what is bad, what needs to be fixed. And
I said, "We're in like peak season here. We paid hundreds of thousands of dollars for new pressure washers." And I'm like, "Where where are we getting bang for our buck?" So, who cleans Lincoln Road? on v various departments. >> Maybe if we could have John uh come up here as well.
>> Right. Various departments are out there. You have um you know facil facilities out there. You have doing painting and whatnot. You have sanitation out there. You have green space out out there. We're taking care of the fountains. And then we have this this additional service almost like ambassadors and additional cleaning that
that's out there as well. Um out there you might see them with their pales and their t-shirts and whatnot. Various >> department. Do the individual shop owners have or stores have any uh requirement for the public rights of way in front of their buildings or is that all the city and these partnerships?
>> No, there is the the private sector doesn't have any responsibility in cleaning anything beyond their lease line. That is all public right away. >> And how about for these deep cleanings? Uh tell me maybe John the heavyduty pressure washers. >> Yep. heavy duty pressure washing. Uh
city does handle that. And we also have sanitation crews, hand crews working the area all day long. They're emptying trash and assisting and picking up, but then the bid also has litter pickup as well. >> And and we do have an effort right now regarding the the World Cup where we do
have all teams got together. They did a walk through all city teams and we are working through the road right now doing exactly we were talking about the painting, the deep pressure cleaning and preparation. I I request that we all do a walkth through tomorrow morning. I do one every single day. I'm not happy
about having to have the World Cup as a catalyst for the gum, the dirt to to look world class, right? It shouldn't just be because of the World Cup. And I want to make sure that I'm
not off in my analysis. So, I I'd request that at some point uh maybe tomorrow morning, Friday morning that we all kind of take a walk before the crowd set in. >> If you could Friday morning, I'd be available. >> Right. Just for the record, Friday morning is the Jewish religious holiday of Shabuot. So, I won't be able to do it
Friday morning, but uh if you do it tomorrow morning, I'll I'll be there. >> And does this increase funding the amendment? >> So, yes, it incorporates the CPI. >> The CPI >> from what was agreed to last year and
this is a partnership. They are funding a portion of the blockbyb block services. The city's funding a portion and this is one one of the fundamental reasons for creation of a bid is to give them the ability to tax themselves additional
>> I get all of that part. I just wanted to know what was being amended from the original agreement. So just CPI create perfect. Uh, I appreciate you and the bid. Uh, the recent activations have been great. Um, you had thousands of
people uh there for the ping >> ping pong puff. >> My daughter knows better than I. >> Yes, my teenage daughter. Uh, >> yes. >> Told me and and we I actually took her down there. It was incredible. >> It was It was We had close to 9,000 people come for that activation.
>> The Swatch was interesting. >> It was Yes. globally swatch was an interesting uh drop. >> So, thank you for the work you do. >> No problem. >> Mr. Matasenus, >> um I'd actually like to co-sponsor this item because I I'm actually I've see the block byblock folks that walk around and
they have the shirts on and um they always smile at me and they are very friendly and helpful and so it's a great program and I appreciate the fact that you're also investing in this program. So, thank you very much and please listen. invests over $221,000 a year in
this program. In addition that we cover the cost of the rent for the office that they have to be housed out of. So there is a lot of of support and contribution on the private side and that's why it makes a great partnership with the city. Um it's much needed because we can react
to things a lot quicker. Um they tell me they call us and we're able to call the city if it's something bigger than that we can handle. So those are our immediate eyes and ears. you know that we can react quickly to things. >> And Commissioner Magazine, I'm available Thursday and Friday morning for the
walkth through. Happy to do that with you. Depends on how early though, but I'll I'll do it. >> 6 a.m. >> Commissioner Bot, >> I think, if I'm not mistaken, um they were actually memorialized in Lincoln Road Hustle, right? Weren't two of the
characters um talking about their jobs and what was going on. And so they are now part of Miami Beach Lore in in addition to being uh very helpful in providing a useful service. Um that's that's a pretty cool thing too. >> Yeah.
>> Through the chair, if I may, uh the amendment is extending the agreement for an additional year. So that is the reason for the amendment. >> Great. >> Yeah. >> Well, thank you Annabelle. Thank you for working with me on this. Uh >> thank you very much for supporting mayor and commissioners. >> Absolutely. Thank you for your work.
Lyall Stern, who uh >> we love working with. I'm also going to give a shout out cuz I've actually heard recently um a number of residents commend us uh as a body, our our police. Um yes, >> Alba, because uh it's it's a constant effort, but um there used to be a a
pretty large issue, especially early mornings with with homeless population on Lincoln Road, and >> number of people commented they walk out there every day early and they do not see those same issues. We have definitely seen a a positive change on that. >> So, thanks. Thank you to all involved in
that. >> Great. >> Thank you. >> So, let's take the vote. It motion by Commissioner Fernandez, seconded by Mayor Miner. All in favor of R7A AE, please say yes. >> Yes. >> Yes. I >> Any opposed? Hearing none. The item is approved. 70. That was R7.
>> And Raphael, I emailed earlier that I want to be a co-sponsor on this as well. >> Okay. So, this is we're adding you and we're adding Commissioner Mattel Selenas. >> Excellent. Thank you. We actually had one more HR item. R5C. R5C is an ordinance of the mayor city
commission of city of Miami Beach for amending the Miami Beach employees and retirement plan created by ordinance number 20 by ordinance number 2006-3504 as subsequently amended by amending sections 2 3 4 and 5 to correct errors in the internal cross referencing to increase the drop participation period
for members in the ASME bargaining unit from 5 to 8 years to allow for the reemployment of retirees after a period of separation of at least 6 months continued receipt of retirement allowance during the 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 and vest in the current schedule of benefits after 5 years of credible service repealing all ordinances in conflict therewith and providing for an effective date that is item archive C. It is second reading public hearing.
>> Since uh Commissioner Magazine is going to ask you to explain this in plain English, I'll ask first >> for a simpleton like myself. >> Good morning. Thank you U Mara LPS HR and I'll do my best to be in simple English. This ordinance does three
things. One in it uh extends the drop from 5 years to eight years for ASME that has no fiscal impact. Um we have an actuarial statement that was attached to this item before second reading. The second thing that this ordinance does is
it allows the city to rehire individuals that used to be employed here, have been gone for more than six months. They may or may not have a pension, but it allows them to come back and be rehired with a um not with a pension but with a um
401A. And the third thing that this allows us to do is to um there are a group of employees who many years ago did not opt into the pension. They have been employees here for a long time. There's about 12 of them. And this allows them
to opt into the plan uh on a go forward basis which is a normal cost to the system just like we would hire a new employee. Commissioner Matt Selena. >> So, I have a couple questions. Um, so
I've received some communication from employees that want to opt into the system, but they don't want to start off at at zero. So, can you address that, please? And apparently when in 2006 when this was offered, they were allowed to buy time, but now it's not being
offered. That is correct. And is there a way that we can allow employees to buy some time or is that going to tell me a little bit about the financial impacts that might have? >> So, I'm not an actuary, but I understand
that if you were allowed to buy time, um it could create there's two two issues. if it's their own funding that is being brought into buy time, that doesn't have an immediate fiscal impact to the city because um allowing people to buy time using for
example their leave does have a cash impact to the city. Um but if you buy time into the system, it creates an additional um uh unexpected liability on the pension system which would be factored in to the
the cost. So each individual person is buying service hours basically and so that means that their pension benefit would be higher. >> So and commissioner to to answer your question the um in 2006 what happened was we had two two systems. We had a 401
and we had a pension system and people were given an option at that point whether they wanted to continue on in the 401 or they wanted to join the city's pension system. And we had a group of individuals that that decided that they wanted to stay with the pension system for different reasons. Sometimes people thought, I'm only going
to be here for a couple years. I don't want to worry about a pension. I just want to put it in something I can easily get out. But people had a a choice to make. Um there were a group of employees that we still have, I think it's around 10, that h didn't migrate over. They
chose to stay in the 401. and now years later they've maybe stayed longer than they thought would like to be able to be a part of the pension system. what's being offered to them at this point in time is the ability to at least get in on a go forward and you know we've discussed with the manager there may be
something in the future where where we have an opportunity for them to maybe get some of the credit if they you know at a cost to them but right now it was just to be able to at least get them into the system because those individuals that have been in the 401 for a number of years um all they have
is basically a a sum of money but they also will have no social security. So in their retirement years, they won't have anything coming in, they won't have a pension and they won't have any social security because they've they've been here for a number of years. This at least gets them in where they're they're
starting to gain on a move forward and we're not ruling out the possibility that there may be some opportunity for them in the future. That's kind of where we're at right now. >> I just want to make sure that you I thank you um Mark. I appreciate that. I just want to make sure that we do have that opportunity for those folks if they
do want to buy in with some of their own money and they can have that opportunity as well and we're not closing the door on them. So, how do we make sure that that happens because there are number a number of folks that have reached out to me and they're very panicked about this, very worried.
>> So, if I could um you know there there's multiple conversations I feel like that are going on simultaneously. Um, one is if they move from the 401 to the pension system, they're not losing their 401.
They get to keep the entirety of the nest egg that they've built up over the time that they've been here. Um, they are entering the pension system as if they were a new hire employee and they do have to go through five years in the city to vest in that program. But that
gives them the opportunity to start building an additional nest egg on top of the one that they already have. Um, and if we were to do a buyback, there are many um, bargaining units across the city that are very interested in having
these buyback conversations. Um, and there are instances where people can buy back former military service, uh, former municipal government service that doesn't have an associated pension. These are these are not uncommon things.
Um, but it's something that we would want to do holistically and and have a conversation amongst all the groups rather than just these individuals. >> So, we're but we're going to we're going to have those conversations as as it
comes up. We have them every bargaining session >> and the unclassifi unclassified employees too. >> So we typically try to give the unclassifides similar opportunities to the folks that are in the bargaining units so that we
don't create um a situation where people feel like they have unequal benefits. >> Okay. Thank you. >> Yes, sir. >> So, I need a motion on R5C. >> I'll second motion by Commissioner
Fernandez, seconded by Mayor Miner. It is a public hearing. I see no one on Zoom. No one in the audience requesting to speak. U Commissioner Fernandez, >> yes. >> Vice Mayor Dominguez, >> yes. >> Commissioner Magazine, >> yes. >> Commissioner Mattel Selenas, >> yes. >> Commissioner Suarez,
>> yes. Commissioner Bot. >> Yep. >> Mayor Miner. >> Yes. >> Motion carries. I was item R5C. It is approved. >> Thank you. >> Thank you, Mer. >> R7Y. >> R7Y is ID location to replant oak trees removed during construction on First
Street. I'm sorry. >> Nope. >> Our settlement agreement with Marine Association. Amendment five, lease agreement amendment three. So R seveny, the settlement, Mr. Mayor, I don't believe this item is ready to be heard. So, I think we're going to ask that it be withdrawn
deferred to >> deferred. >> Deferred to next month. >> So, R7Y is being deferred. >> Okay, let's call uh that was easy. Mike, mayor, can I make two withdrawal announcements then? Uh,
Commissioner Suarez is withdrawing R9N. If you can list that as a withdrawal R9N and he's withdrawing. >> You want to say which item that is. So >> yes, R9N >> short title. Yes. The people in the public. >> R9. Okay. So I'll do it that way. R9N is discuss take action. Araso license
agreement. R9N is being withdrawn. And we're and Commissioner Suarez is also withdrawing R9G. Discuss action. Recent uptick in car thefts within the city. R9G. like >> Commissioner Suarez, thank you for your efforts in uh moving this meeting along.
>> Hold on. Let me let me let me I have some more. So if anyone else wants to withdraw, this is the time. R9H Commissioner Magazine is withdrawing. R9H discuss municipal uh prosecution program. So R9H is being withdrawn and R9P is also being withdrawn. Discuss
take action. Maintain house party ordinance to allow city manager discretion for event permits. R9P. So we're withdrawing right now R9G, R9H, R9N, and R9P. Great. Thank you for those
announcements. Let's call R5 D uh along with as we discussed uh during the discussion the consent agenda C7. Yes sir. R9D is R5 R5 >> R5D I'm sorry. R5D is an ordinance of
the mayor and city commission of the 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 10647 thereof entitled freight commercial and passenger curb loading zone hours deliveries to modify and
clarify requirements applicable to the use of freight commercial and passenger loading zones and providing for repealer qualification servability and an effective date. This is a second reading public hearing. It is item R5D companion item C7AS
is uh C7S is identify areas near blind corners in need of vessel speed reduction. >> C7 AS >> I'm sorry C7 as resident toes. Um Commissioner Fernandez, we have a few
co-sponsors. Commissioner Dominguez, Commissioner Bach, Commissioner Suarez, and Commissioner Matt Selenus, >> and I believe you're yourself on the end resto. >> Yes. Yes. >> Thank you. >> Thank you, Mr. Mayor, and thank you to to this city commission for unanimously
uh sponsoring uh the end resident to re reform. Today we're considering two items that work together uh to achieve strong enforcement where public safety requires it, but smarter and more proportional enforcement where
compliance and um where where where compliance can reasonably be achieved without unnecessarily punishing our residents who have placed their trust in us to serve them and improve their quality of life. The first is our item
that we've collectively sponsored to end resident toes. This is one of the most common frustrations that I hear and I think we all hear from our residents. People come home from from work late at night. They circle the block trying to find parking. They finally find a space
and wake up the next morning to discover that their vehicle their vehicle has been towed for a non-safety violation. Something innocent. Maybe, you know, you parked a few feet into the yellow curb, you parked in the wrong residential zone, you misunderstood the confusing
signage, or you didn't realize that a uh that a spot was painted yellow, but the yellow is now faded, and you ended up getting towed. These violations should absolutely still be enforced with a traffic ticket, a citation, but towing
is often excessive when the compliance can be achieved another way. And that's why this proposal creates a smarter uhdriven enforcement framework that based on current city data could eliminate the majority of immediate
resident toes on public property. Under the framework that we have before our commission today, residents would still receive citations and accountability measures, but would also receive up to three courtesy text uh text messages per
calendar quarter before being eligible to have their car towed on the fourth violation. Vehicles uh remaining in continuous violation for more than 24 hours would also remain towel eligible. And that was a recommendation that came
from Miami Beach United that has also endorsed uh this reform. And let's just put this into perspective uh because this year alone over 1,181 resident vehicles have already been towed in Miami Beach. And under the
reform framework before all of us today, roughly 62% of those resident toes would likely have resulted would would not have resulted in an immediate toe and could have instead been addressed through a parking
citation through a warning first uh enforcement and through graduated compliance measures. the remaining violations uh involving genuine safety hazards, obstruction of dumpsters, you're
blocking uh driveway, you're blocking emergency access, or you're a repeat violator, then in those cases, you are still eligible to get towed. Also, if you're blocking a fire hydrant, if you're parked in a handicap parking
space, shame on you. You will get towed. The change in in in the reform here even for those is that to try to achieve the quickest compliance possible now even those violations will will also get a 15
it would get a text before tow notice because oftent times people are close by and they can quickly correct that that violation before a tow truck gets there. But unlike today's uh system, residents
would generally receive one final text before tow notification, giving them an opportunity to probably move their car before the tow is complete. The companion item uh also is important because it talks about freight loading
zone. Freight loading zone abuse is an issue in our city. It creates traffic on our roadways. It creates congestion. It impacts businesses and it and it affects public safety. And the companion item in
enhances the penalties on freight loading zone violations, but it also creates a much needed consistency and clarity on freight loading zones citywide because right now freight loading zones operate under a mismatch
of different schedules and rules that can be confusing for our residents. You have freight loading zones that end at 11:00 a.m. You have others that end at 1:00. You have some that end at 3. You have some that end at different times. And it becomes a guessing game for our
residents to know where they can park and at what time. So, this companion ordinance, it creates a uniform citywide operating schedule for freight loading zones that pretty much says when you see a freight loading zone, you know that you can't park there between the hours
of 7:00 a.m. and 300 p.m. No more guessing. You know that that is the schedule for those freight loading zones. So together, these items create a more balanced enforcement mechanism, more fairness for our residents navigating everyday challenges in our
city, stronger enforcement where public safety and mobility are impacted, and a clear, more predictable rule system for everyone using our streets. With that, I'd like to move these two items and open the the um the um the floor to
discussion through you, Mr. Mayor. Mr. Thank you, Commissioner Fernandez. Commissioner Suarez. >> Uh, thank you, Mr. Mayor, and thank you, Commissioner Fernandez, for bringing this forward. It's I mean, it's almost like a right of passage getting your car tote in Miami Beach. I think everyone up here has got their car tote. Um, and I'm
supportive, obviously. I'm a co-sponsor. Uh the only one thing I want to caution um and I don't know if this was thought about but the North Beach is going to be going through serious parking constraints with
the uh parking lot 92 right um where it's going to be under construction for the foreseeable future maybe 3 4 years and we're going to have again many shows at the handshell many events in North
Beach. What I want to what I want to avoid is residents from South Beach or Mid Beach going to North Beach parking in the residential areas there and just saying, "Well, it's only a $30
ticket. It's almost like a ballet." Um, and you know, it's it's easy for me to do that. Is there a way we can come up where we prevent that? I would defer to our parking director. >> So, uh, we can from an enforcement
aspect, Commissioner Will McDonald, director of parking for the city of Miami Beach. Uh, we can create different enforcement rules for different in zones if that's what we are directed to do. We absolutely can do that. >> Right. And again, I mean, look, I I'm
supportive of the idea, but what I what I don't want to happen is there to be because there going to be bad there's going to be bad there's people are going to take advantage of this and say, well, you know, it's only a $30 parking ticket and I want to go see this show or I want to go to North
Beach or anywhere, you know, vice versa. And, you know, it's it it's not it's not a big deal for me. I know I'm not going to get towed because I'm part of the registration program. You know, how do we prevent that bad behavior from happening? >> I think one of the things that we could
do because a lot of this I think is giving the benefit of the doubt to the residents that we serve. I think people that are coming into our city that abused us, they're going to get towed first violation. They're still eligible to
getting towed. This is about those who have placed their trust in us, us trusting them back and giving them the benefit of the doubt. Now, if they abuse the system and and we see that there's a problem, I think we can always come back. We can always make an an amendment
and say, you know what, it's on North Beach, you know, the issue that you're mentioning. Um, and we can always amend it. and it's a simple resolution, so it's always uh easy to to amend a resolution. Um, but I think I think we
should give our residents the benefit of of of the doubt. Um, I think that, you know, we're we're we're already putting on on the table an enforcement mechanism and if they are repeat violators and they do abuse the system, then they'll still get towed. Um, and they're also
upon the first violation, they're getting a text message. They're getting a text message that tells them, "Hey, you're illegally parked." Second sentence, please move your vehicle immediately. Um, and that's and that's that's within the the item that that's
before us. I don't know if you have any other suggestions. Let's, you know, how about since North Beach parking is so limited and it is it's going to be even further limited once we remove this parking garage, how about we do
specifically for uh zone 26 a one-time courtesy? >> Okay, >> that's fair. >> I think that's fair. you know, onetime courtesy, non-to um text message and everything, but after that, you know, there there really should be some sort of protections for
the residents of North Beach and their parking >> and and and um let me hear from my colleagues uh on on that because we're all sponsors on this legislation. >> Thank you. Um through the vice mayor. >> Laura, you're Lauren, you're leading the
meeting. >> Through the vice mayor. Um, well, I saw your face when I and I thank you for just give me your give us your thoughts on how that works. I like the idea. Um, because it is going to be a little bit of a cluster up there for the next few
years. Um, is it viable? Is is there any issue with that? Um, I like the protections that are already built in with it the text. I would suggest please move your car within 30 minutes of receipt of this message because as soon as possible, you know, like >> it says immediately creates Well,
whatever it is, but I think we need to like, you know, whatever. But um that that's nuance. Is this doable, practicable, a nightmare, completely uninforcable, all of the above? >> So, it's absolutely we can we will we
will execute it. I want to make that very clear. Um we employ human beings um just like everyone else in the city. There there may be some mistakes because right now the technology isn't there to immediately say build an algorithm that says oh we're in this zone and this zone
we only do one in this zone it will be three. >> Yeah that's my concern. >> It does get challenging um but um we have some some stop gaps in place right now before our team performs any toes. There's uh for example
one of our team members will call into our dispatch. They'll re repeat uh repeat the plate phonetically. The dispatcher will also then check the plate. We do these things to try to stop mistakes. Now, um so we can build policies and an SOP that can state, you
know, if we're in this zone, these are the guard rails that we're looking at. If we're in, you know, this zone, these are the guard rails. Um and we will absolutely execute it to the best of our ability. And I will say, >> and by the way, I I and just just to be clear, you know, I'm not trying to
single out just North Beach. I mean, there's also South of Fifth, right? I mean, you you have a very limited residential on-site parking. There's a lot of restaurants in South of Fifth, and if people from anywhere else, the beach wanted to just come and take over
the parking there that that are residents, it it could possibly happen. Um, so look, again, of course, I'm supportive of this item. I think it's I think it's a great idea, but it it it we just have to have some protections
because it is ripe for abuse. >> And so if I if if I could just chime in there, those weren't the same concerns that we had when we initiate that when we initiated the text before to program. We had the same concerns um that the
residents were going to abuse it and to the contrary, you know, the residents haven't abused it. I think is broad awareness. You've informed someone that that they're in violation and and from what and and I've heard from from people
that, you know, they've received those text messages. They've been able to correct the violations before a towing truck got there and they were aware now of something that they shouldn't be doing that they weren't aware of before. One of the other tools that we have is
that we have uh the ongoing reporting that we're going to be getting as as a commission. We're going to be doing the monitoring of this. We're going to get weekly LTC's summarizing the towing activity, the citations, the enforcement metrics, and perhaps we could get a
specific, you know, as part of that LTC get a weekly update there. Okay. and what's happening in zone 26 and that's a concern so that if we need to correct the course we could do that. Um but I would I would like for us to consider
adopting it um uniformly throughout the city. Uh and then and then if we see that there is an an abuse somewhere, we can go back and and fix that. But I do think we should give our residents the benefit of of the doubt. Um because I
think for the most part people make innocent mistakes uh when it comes to parking and that's been my experience. People genuinely they're not looking to purposefully uh violate our parking regulations. >> And if I may also just jump in um Ralph
since you're here gentlemen um if if you don't mind approaching for a quick second um you know part of the issue with towing is the residents being knuckleheads or forgetting or sometimes both at the same time. In my case certainly um part of it is our policies
and our staff doing the best they can with challenging circumstances and part of it is our partners in towing and I would suggest that it is going to be um very important that our partners in towing understand what we're doing and
do not get trigger happy with their towing vehicles because once a car is on the tow truck it becomes a whole different conversation and I know I have been towed when I was not supposed to been towed years ago and they did not
want to hear it from me. Um and that is an operational thing for the business owners and I think there's going to need to be a a very clear set of policies and procedures that is
understood by the ownership and the staff who are enforcing it once it gets handed off from the city. Um because we've heard we've all gotten these emails from people who got towed when they shouldn't have been. And if we're making it a little bit more complicated anyhow, we're going to need to make sure
that that tow operators know what they're doing when they're doing it. >> Uh thank you uh Commissioner Bot for inviting me up. Uh good or good morning uh city manager, commissioners, mayor, Mr. Dopico. Um that's why they're here.
I I asked them to come so that they can hear directly from from the commission regarding any concerns related to towing and the direction that this is all moving in. Um and so I think they can both acknowledge uh what they've heard. Um and we will absolutely do our best uh
to meet the city's expectations. Um and certainly if uh I can tell you from my perspective and their perspective if we never tow another resident again, we're thrilled. We don't want to tow residents. >> I'll move that motion. >> There you go. So, um, we're here to cooperate with you and help the city
however we can in whatever challenges you all face. So, thank you for inviting me up and anyone else. I'm sitting right here if you have any other questions. >> So, you're just just to be clear, I mean, is there an appetite for zone 26 to have a little bit more protections because, you know, they're going to be
it when that parking lot is is demolished, it's it it's going to spill over to the residential parking. >> Why don't we look at the metrics? Let's see when when that >> problem is it's it's different when it gets demolished, right? And so we kind of want to be ahead of the curve.
>> That's going to be a long pro that's going to be a long project. If people start abusing it, we'll be able to notice it immediately. I mean, the moment people start abusing that and you're going to be giving us weekly LTC's and in that LTC, you can tell us specifically what's happening in zone 26. The moment we see that, we can put a
resolution on >> commission. With all due respect, yeah, that in and that sounds great, but you know, from my experience, the parking enforcement on zone 26 is abysmal. You know, when we had an issue with us one block on zone 26, there were 26
citations given. when I when my aid and I who raised the issue, they gave out 26 citations on one block because I asked them to uh to to to start enforcing zone 26. And so, you
know, I I I'm certainly wait, but that's assuming that we have a robust enforcement system on parking, and I don't think we have that right now. Well, and one of the items that we've adopted uh as part of
of the consent agenda specifically speaks to enforcement and enforcement in in North Beach uh about allocating resources for enforcement in in North Beach and enforcement in South Beach
where we know we have challenges to make sure because what you're telling me is that is that even the the problem isn't even towing The problem is that there's not even citations being issued. >> Correct. >> And one of the policies uh that we've
put forward uh that got adopted uh with this agenda uh and I'll give you the item number in just a second. Um it established a dedicated parking enforcement pilot program C7.
C7 addresses specifically what you're asking, the violation of the resident parking in North Beach, the violation of the resident parking in South Beach, and making sure that we have the sufficient
personnel available to be doing that enforcement because you're right, um, you know, oftent times, you know, people get home from work and they can't find parking because you have people even from outside the city from outside the
city that are going in and parking in parking spaces that belong to our residents and who's being affected are are those who we are actually trying to protect and so and so we've taken that concern that you have into consideration and we've created this detail that we
approved as part of the consent agenda. >> Okay. I'm I'm okay with just waiting for the data to see if there's but again that's only as good as the people taking >> and you have my commitment you have my commitment uh that um that you know as part of this of this detail that's been
created and the LTC's that we'll be receiving that if we see abuse listen at the end of the day that abuse who does it affect the residents in North Beach >> the residents in North Beach who won't be able to find parking when they get home from from work and we'll We will
work together on addressing that if that does happen. >> This is a this is a great item. Thank you, Commissioner Fernandez, and everyone. Um, this is a perfect example of what our commission is doing for residents quality of life. Radical vote. Have a motion by Commissioner Fernandez. I need a second. >> Second.
>> A motion by Commissioner Fernandez, seconded by Commissioner Matos Selenas. It is a public hearing. I see no one on Zoom, no one in the audience requesting to speak. It is uh a motion for both item R5D and C7A. Commissioner Bach, >> yes.
>> Commissioner Mattel Selenas, >> yes. >> Vice Mayor Dominguez, >> yes. >> Commissioner Magazine, >> yes. >> Commissioner Fernandez, >> yes. >> Commissioner Suarez, >> yes. >> Mayor Miner, >> yes. >> Both motions are approved. Items C7A Yes. and and R5D are approved.
While we're on the general topic, R9Z 9Z is discussed take action contemplated inclusion of motorcycle, scooters, residential parking permit program. >> Commissioner Suarez. >> Thank you, Mr. Mayor. Um, so I was brief that the city administration was
contemplating scooter motorcycle permit fees um without putting it to on the agenda for uh the seven of us to to vote on. Um I don't think that this is an
operational issue. it it's it's a new fee and I certainly don't think that the city administration should be unilaterally applying fees to to our residents. Um I understand the need for
this was to get data on where there are more scooters but I think or scooters being uh throughout the city. However, I don't think we need to require a fee for that or a permit. Um, I think we can I
think the city administration can do that without that. Uh, so, Mr. City Manager, is this program still being contemplated by city staff? >> So, yes, this program is currently scheduled to roll out on June 1st. Um, my understanding is that the ordinances
that are in place for parking allow us to implement this. Um and based on the recommendations of our parking department, we felt that this would help um bring some order to some of the challenges we've been facing with the
motorcycle and scooter parking. And I would welcome our parking director to add any color to that. >> Okay. Before we do that, I just want my colleagues to know I have a big problem with the administration imposing fees on our residents without our input. I I
don't I think that at a very minimum should never happen unless it's put on an agenda by us from one of us to to decide that. I don't think city administration should be imposing fees >> agree 100%.
>> And so I think the city administration respectfully is completely out of line on this. Second, the whole reason why scooter and motorcycle parking was when I did the research was to is because they're more efficient when it comes to
parking. You can put seven, eight, 10 motorcycles or scooters in a single parking spot than for for a car. I understand there's a lot of challenges when people leave a motorcycle or a scooter in a parking spot in the middle and it doesn't prevent anyone else. But
we can address that easily with just dedicated scooter parking spaces uh and having an ordinance that says look you if you have a scooter or motorcycle you have to park in the scooter motorcycle designated parking spots not take up a
whole lane. But at the very minimum, I I'm wholeheartly against the city administration imposing fees on our residents and unilaterally deciding that we're going to upend a tra a tradition
that encourages smaller de uh transportation devices on the city uh in parking infrastructure. We don't want to make it harder, we want to make it easier. So, um I want to see how my colleagues feel about this. I I we can
certainly accomplish what the intent of this without having to raise any fees or create a bureaucratic process to get a permit for some of these um these these transportation devices. Comm >> Commissioner Fernandez, thank you. Um M Mr. Mayor, Commissioner Suarez, I agree
with you 100%. Um, right now there's a citywide um, B motorcycle decal that that I know I have it on my on my motorcycle and it's like $134 a year I think it is or something like
that you can park citywide >> and those are that is a metered so those are citywide in any metered motorcycle area that's meant for the general public >> right and so and so to the people who are purchasing that I mean if you if you live in a residential zone, you're
probably purchasing that already um to uh to park in in one of these metered spaces. When the person goes in and they buy this citywide motorcycle um pass, it should also include as part
of that the residential zone that they live in. and and maybe and maybe that's something that that that can be done and and they can um and and they can park um in those designated in those designated
uh motorcycle or scooter areas to your point. So that okay so the people are not parking a scooter or a motorcycle in a full parking space that could be used by a vehicle. You still direct them to scooter or motorcycle designated parking but you're not adding the fee. But
people are already they're already registering their motorcycles with the city through through this annual pass and maybe when they buy that pass you just also include as part of that the residential zone that they live in. Is that possible? >> Yes, 100%.
>> It is 100% possible. >> 100% possible >> and we would be full support of that. >> Is there a vote you want to >> So well well the vote is I I don't want the city administration imposing a fee. I agree with you >> and we're open to a fee free just way of
registering vehicles so that we know who has what where. >> Yeah. But I don't think I think his point is even when when something is not fee free when there's a fee to be imposed on the residents and the taxpayers of the city of Miami Beach that should be considered debated voted
on and approved by those who have been elected by the residents not by the city administration. And I would welcome the attorney to just weigh in on what the ordinance allows or doesn't allow under that particular >> I mean I think I think that was your point, Commissioner SW. >> I and that's what I brought this
ordinance or that's why I brought this uh discussion item is to prevent that from happening June 1st because I don't think you I don't I certainly don't think you guys should be imposing any fees before a discussion happens. Um and
so where does that leave us right now? I think I I guess I would make a motion to not allow the city administration to impose a scooter parking fee for um
for residents in starting in June. Um Rick, I I think you're going to answer the manager's question, but I also have a question that's kind of a corlary since I don't have experience of
how other municipalities do this. Um will in other cities where you've been the director of parking what is what is the typical best practices of when the administration can um institute fees versus when they become policy
decisions done by the um electives. So I will so the administration I from best practice a registration especially in our residential zones is going to be a best practice and and full stop. Uh the
reason so under the ordinance it talks about automobile and motor vehicles and motorcycles under Florida statute are already included under automobile and motor vehicle under the definition. And so I understand that this was a past
practice from uh previous directors that really wanted to focus on the sustainability efforts of motor scooters inside residential zones. Um the challenge that has been presented to me over the my last year is uh simply
without registration it's impossible to control. And so for example, our team started when I first got here, they were already in the whole house. >> I'm sorry, I just got to push you back on that. Why is it impossible to control? So if we don't require registration and let's say we go there
are certain places I'll I'll use Flamingo Park where you can see 25 scooters lined up in a row. We don't know if there are workers going to uh uh the entertainment district or we don't know if there are residents that actually live there because we don't
require registration even though well how hard would it be to just have dedicated parking spots for scooter and motorcycle >> and and having an and having us pass an ordinance that says you can't park a a motorcycle or scooter on a regular
motor vehicle car parking spot. So we actually when I first got here the team had started painting those uh spaces in certain areas of the city. The challenge was because there was no control if somebody was parked outside and and
we had heard it when we had given citations. They're like when I got home all the scooter spaces were full and there was now over for me to park. So I had to park outside the scooter space and we had no way of knowing if the people that were inside the scooter space were actually residents or they
were supposed to be there. And so what we are hoping to accomplish by having two wheeled vehicles register is to be able to now we have the data to say we know that 15 two- wheeled vehicles exist on this block. We can say 2 and 1/2 ft
per stall. We can create a space that exactly aligns with the resident needs so as not to now take up unnecessary space by blindly going out and painting a motorcycle or scooter parking stall and taking away from vehicle parking. Um,
>> but wouldn't that wouldn't that be just part of parking's job is to know exactly where the hot spots are? Cuz I I can't imagine there's more than a few hotspots of not enough scooter parking of those designated areas. I don't it's just it just seems too much of a shocking
approach to require a fee and make everyone register because of maybe a few problems. >> Well, why don't we >> here and there? >> I think we we're in agreement that we're not going to charge a fee. So, let's >> Right. But what I want but I want to get to the solution of because we're in South Fifth there's there's plenty of
spots where motorcycles just park on a parking spot and they should be parking in the scooter zone and there's plenty of parking in the scooter zone. they just choose not to do that. So, does that require a commission ordinance for that to happen? It
>> it does not. My my only my only request is that if these scooter zones become unregistered areas, so any scooter can park in any residential zone in these scooter areas and it displaces
a resident and then we cite a resident for not parking in the scooter zone, it does become an enforcement challenge. >> Let me make a recommendation. Eric, we have your commitment. You're not charging fees, correct? >> Correct. You want to come up with a proposal that we can consider at the next meeting?
>> Sure. >> And if I may, through the chair, um, we've heard you loud and clear, Commissioner. We will hold off on implementation of the program until we've had a robust conversation here at the commission and we've decided on what's the appropriate next step.
>> Well, I'd still like to make a motion to ensure that you don't impose any fees for a scooter motorcycle deco. Motion and a second by Commissioner Fernandez. I >> have a motion and a second uh on R9Z. All in favor, please say I.
>> I. >> Anyone opposed? >> Hearing none. R9Z. The motion is adopted. >> And in the meantime, we'll work on crafting a better approach to the scooter motorcycle
challenge. >> Parking challenge. >> Thank you, Commissioner Serez. >> Good discussion. Um R5H >> R5 R5H is an ordinance of the mayor city commissioner of the city of Miami Beach Florida amend chapter 10 of the code of the city of Miami Beach Florida entitled
animals by amending section 10-2 thereof entitled fines for violations of animal control ordinances unpaid fines to constitute lean and basis for revocation of city parking permits decals by amending and identifying those sections of the city code to which the general penalty provision set forth in section 10-2 do not apply and by amending
section 10-11 thereof entitled running at large prohibited exceptions for providing enhanced civil penalties for animals running at large and providing for repeal servability codification and effective date. This is a second reading public hearing. It is item R5H. Commissioner Bot. >> I move the item.
>> Okay. One second. I heard R5H. I heard a motion by Commissioner Bot seconded by Commissioner Fernandez. It is a public hearing. I see no one in Zoom. No one in the audience requesting to speak. Uh, yep. There's no discussion. Vice Mayor Dominguez.
>> Commissioner Fernandez, >> yes. >> Commissioner Suarez, >> yes. >> Commissioner Magazine, >> yes. >> Commissioner Bot, >> yes. >> Commissioner Mattel Selenas, >> yes. >> Mayor Miner, >> yes. >> This item is approved. It was item R5H. It is approved 70 with no one requesting
to speak. R5H. >> R5K. R5K is an ordinance to the mayor and city commissioner of the city of Miami Beach, Florida, amending chapter 14 of the code of the city of Miami Beach entitled building regulations by amending article 2 entitled construction standards by amending division 4 thereof
entitled uh entitled 2017 through 2026 building permit reprieve program to extend the duration of the building permit reprieve program for owners of single family residential, multif family, residential, mixeduse or commercial properties who have failed to obtain a building permit or who have or who hold expired permits through
December 31, 2028 and to amend the definition of existing buildings as used therein and providing for repealer qualification servability and effective date um and a sunset provision. This is item R5K. It is a second reading public hearing. I move the item.
>> Second of motion by Commissioner Fernandez, seconded by Commissioner Suarez. It is a public hearing. I see no one on Zoom and no one in the audience requesting to speak. Commissioner Fernandez, >> yes. >> Commissioner Mattel Selenas, >> yes. Commissioner Suarez. >> Yes. >> Commissioner Magazine, >> yes.
>> Commissioner Bot, >> yes. >> Vice Mayor Dominguez, >> yes. >> Mayor Miner, >> yes. >> Motion carries. That was item R5K. >> R5 L. R5L is the orders of the mayor, city commission of the city of Miami Beach, Florida, amending chapter 82 of the code of city of Miami Beach entitled public
property article 7 entitled art and public spaces division one entitled generally section 82-537 thereof entitled definitions to create certain definition defined terms amending division 2 section 82-562 thereof entitled powers and duties to modify the powers of the art in public spaces AIP
committee amending division 3 entitled fund se fund section 82-587 thereof entitle appropriation by the city to fund to amend requirements for an AIP allocation to be implemented on the side of a city construction project providing for repeater qualification servability and effective date. R5L is a second
reading public hearing. >> Commissioner Bot >> I move the item >> second a motion by Commissioner Bot, seconded by Commissioner Fernandez. Uh it is a public hearing. I see no one in Zoom, no one in the audience requesting to speak. U may I call the RO? Yes. So
Commissioner Mattel Selenas. Yes. >> Commissioner Bot. >> Yes. >> Commissioner Fernandez. >> Yes. >> Commissioner Magazine. >> Yes. >> Vice Mayor Dominguez. >> Yes. >> Commissioner Suarez. >> Yes. >> Mayor Miner. >> Yes. >> Motion carries. The item is approved. That was R5 L. >> R5S. R5S is an ordinance amending the city of
Miami Beach year 2025 comprehensive plan pursuant to state coordinated review process of section 163.3184 subsection 4 Florida statutes by amending goals objectives policies and document titles of the comprehensive plan including the following elements resilient land use and development transportation housing
public school facilities and capital improvement and pursuant to Florida administrative code rule 73C-49 and section 163.3191 One, Florida statute entitled evaluation and appraisal of comprehensive plan incorporating necessary amendments reflecting changes in state law and updating the comprehensive plan based on
changes in local conditions since the last updated based on evaluation and appraisal report updated adopted on October 16, 2019 and providing for inclusion in the comprehensive plan transmitt repeal of ability and an effective date. This is item R5S. It is a second reading public hearing.
>> Commissioner Fernandez, >> I move my item. >> Second. >> Call a vote. A motion by Commissioner Fernandez, seconded by Commissioner Suarez. Public hearing. I see no one in Zoom. No one in the audience requesting to speak. Commissioner Fernandez, >> yes. >> Commissioner Bach, >> yes.
>> Commissioner Mattel Selenus, >> yes. >> Commissioner Magazine, >> yes. >> Vice Mayor Dominguez, >> yes. >> Commissioner Suarez, >> yes. >> Mayor Miner, >> yes. >> Motion carries. The item is approved. 70. That was item R5S. >> R5 AC.
R5 AC is an order of the mayor city commission of the city of Miami Beach Court amending chapter 70 of the B city code entitled miscellaneous offenses by amending article one entitle in general by amending section 70-1.1 thereof entitled habitual municipal ordinance violation offenders to include additional criminal municipal ordinance
violations within the habitual municipal offender ordinance and providing for repealer subability clarification and effective date. This is a first reading public hearing. It is item R5 AC. Thank you for bringing this item, Commissioner Mataselinus. Proud to co-prime with you. >> Thank you, Mr. Mayor, and thank you for
your co-prime as well. I appreciate that support. So, this is tightening up our municipal uh habitual offenders ordinance. Um it used to be in the past that someone could be um convict if they were convicted four times in the previous
year, they were um considered a habitual offender. And now we're doing we're tightening up a little bit to be three times in two years because we have so many um folks that are out in the street that um you know
commit crimes and they're convicted time after time after time and then sent to jail and then let let out and then they come right back to Miami Beach to pray on our our residents and our visitors. So this is just tightening this up a little bit. Um and uh I would appreciate everyone's support. Thank you. If I may,
if I may through the chair, I just want to make one one clarification. The tightening up applies to certain municipal offenses which are generally qual quality of life issues, smoking cannabis, urinating or defecating in plain view, public camping, park after
hours. The um the other ordinances that we have in our code uh relate to state law um offenses and those will remain with the four strikes. Um so so we are not able to change that until unless and until the state changes its um habitual
offender statute. >> Mr. Mayor, >> so just to I'm sorry, just to be clear, so even if it's a municipal ordinance, you couldn't change it if it's cons it's similar to state law. >> If it it's something that we adopted pursuant to state law, then it has to stay at the four strikes in one year um
unless and until the state changes it. Do we have a separate item to uh legislative priority? >> Yes. >> Thank you, Commissioner Fernandez. >> Uh, Commissioner Matos Selenas, thank you for for bringing this item and Mr. Mayor for for co-primeing with the
commissioner. I'd like to join as a co-sponsor. >> Excellent. I heard Joe Magazine and Commissioner Magazine as well. >> Let's call the vote. >> It is a public hearing. I have a motion by Commissioner Matio Selenas, but no second yet. >> I'll second. Heard Commissioner Bot.
Motion by Commissioner Monica Matali and seconded by Commissioner Bot. It is a public hearing. I see no one in Zoom. No one in the audience requesting to speak. Uh Commissioner Magazine, >> yes. >> Vice Mayor Dominguez, >> yes. >> Commissioner Fernandez, >> yes. >> Commissioner Mattel Selenas,
>> yes. >> Commissioner Bot, >> yes. >> Commissioner Suarez. >> David, >> yes. >> Mayor Miner, >> yes. >> Motion carries. R5 AC is approved on first reading, second reading, public hearing is scheduled for June 24th.
We're listing Commissioner Magazine and Commissioner Fernandez as co-sponsors. That was item R5 AC. >> I'm sorry. I was um listed yesterday as a co-sponsor on this, >> I think. We'll verify that. So, we'll add you also.
>> Great. Thank you, Commissioner Matasenus. >> I'm there. Okay. >> It just wasn't called in the record, but it's there. Oh, I was just adding the ones that said now. >> Oh, gotcha. Okay, thank you. >> Uh, R5 A. >> R5 AD is in order of the mayor, city
commission of city, Miami Beach, Florida, amending chapter 12 of the of the city of the Miami Beach city code entitled arts, culture, and entertainment by amending article 2 entitled special events by amending section 12-5.2 Two, there entitled special event permit required for large-scale residential parties and events to provide for recovery of city
cost violations providing for repeal of ability clarification and effective date. 55 AD is a first reading public hearing. >> Commissioner Fernandez, co-sponsored by Commissioner Bot. >> Uh thank you mi Mr. Mayor. Residents have been uh raising concerns for years
about large unpermitted house parties and the strain they place on surrounding neighborhoods. And the truth is that enforcing these events isn't isn't easy. It requires a great amount of resources uh from our city administration, whether it be code, whether it be police, fire,
parking, sanitation, uh to step in and sometimes in significant numbers just to keep everyone safe and maintaining order. Right now, when an homeowner hosts a largecale party during a certain high impact period without a special
event permit, the city is the one that is absorbing the cost. every lawabiding resident, every law-abiding homeowner, any every law-abiding resident, taxpayer of the city of of Miami Beach are footing the bills for the personnel, for
the equipment, for the emergency response uh triggered by these illegal events. this ordinance as a straightforward uh cost recovery uh process so that when the violation occurs, the property owner, not the
public, covers the city's expense. It establishes a new subsection in our existing code that allows the city to bill for enforcement costs and if those bills go unpaid, then place a lean on on the property. Uh is simple. This is
about fairness and ensuring that one person's abuse of their neighborhood, abuse of the city code doesn't end up costing the rest of the law-abiding residents of the city of Miami Beach. And with that, I'll move the item. >> I'll second. I love this item. I think
it's great and long overdue. >> Thank you. Thank you. Motion by Commissioner Fernandez, second by Commissioner Bot. It is a public hearing. I see no one in Zoom. No one in the audience requesting to speak. Uh, Commissioner Dominguez, >> yes. >> Commissioner Suarez, >> yes. >> Commissioner Mattel Selenas,
>> yes. >> Commissioner Magazine, >> yes. >> Commissioner Bach, >> yes. >> Commissioner Fernandez, >> yes. >> Mayor Miner, >> yes. >> Motion carries. Second reading. Public hearing is scheduled for June 24th. That was item R5 A.
>> Thank you, Commissioner Fernandez. We'll call another one of your items R5W. R5W is an ordinance of the mayor city commissioner of the city of Miami Beach amending chapter 82 of the might be city code entitled public property by amending article 5 entitled in general by amending section 82-441 thereof entitled fishing from v vioducts and
bridges in the jetty area between 29th and 33rd street and in and in restricted swim areas by providing definitions amending the clarifi amending and clarifying those areas in which saltwater fishing is prohibited for the protection of the public health safety and welfare and providing for repealers of ability clarification and effective
date. This is a first reading public hearing. It is item R5W. >> I move the item. >> I through the chair. >> Commissioner Bot. >> Um I actually would like to understand this a little bit better. Um >> Sure.
>> I definitely don't want fish guts and um and fishing hooks lying around where um you know it can cause trouble for pets and children. That's not the goal. I my concern is and so I'd like you to explain it um a little bit better. My
concern is that for we live on a barrier island and for people who don't live on a waterfront property, this may be their only opportunity to go fishing with their kids or their parents um or by themselves. Um we have lots of um public parks along the water that have benches
and seaw walls where people can avail themselves of the beauty of living on an island um without having the you know it's it's a very self-limiting self- selecting for people who are able to afford to live on the water. Um I myself am not a fisher person. It's not
something I enjoy. Um, but I am concerned about making it illegal for people who do enjoy it, who don't have any other access to it, unless you're a shark fisherman and you want to go fish sharks on the beach, which is a whole other
disastrous conversation. But anyhow, um, so help me understand because I don't want this to be a city of halves and have have nots. So, Commissioner, if if I could just answer you regarding the the this is about our Baywalk at the street ends of 10th Street of 14th
Street and Lincoln Road. We're not talking about our parks or or any other areas. This is, you know, the Baywalk, 10th Street, 14th Street, Lincoln Road. These are some of our most cherished spots along Biscane Bay where our residents are walking their dogs and uh
and and we want to keep them safe. So, this is specifically on in those areas. And Mark, I don't know if you want to expand on that. >> No, that that's exactly correct. Just for those three designated city street ends along the Baywalk, which is obviously heavily utilized and and quite crowded, you've already eliminated all
uh motorized and unmotorized means of transportation, except for, of course, wheelchairs when used by disabled individuals. But moreover, this ordinance would actually provide more opportunities for individuals who do want to fish because aside from the city-owned designated street ends that the commissioner mentioned, 1014th and Lincoln Road, this would remove the
prohibition on fishing from the jetty area between 29 and 33rd and also remove the prohibition on fishing from the restricted swim areas. So, this actually opens it up more. So removing it from restricted swim areas, does that cause a potential damage if you got people out
there swimming and they don't see somebody fishing and all of a sudden they get a hook in their bathing suit? I mean, >> yeah. >> And clearly not a fisher person. >> Well, and and the reason why we're doing that is because we don't have jurisdiction in those in those areas. We can only do it in the city's rightways. Is that correct, Mark?
>> Uh, not exactly rightways, but city- owned properties. You have real city owned real properties. And and the fact of the matter is Commissioner, you're you're you're correct. I mean, it is is certainly possible, but you know, I I think it rarely happens. I think oftentimes these fishermen are out there not when swimmers or bthers are there. I think they're out there in the early
morning hours and the, you know, mid to later evening hours when it's better fishing for them. They're usually not standing there, you know, while people are on the beach. I don't think that's something many of us see. So, >> so can I respectfully ask that um we somehow communicate this to our residents because I think I I know I've
heard from people who are concerned the way they're reading it is that they're not going to be permitted to to fish places and you know it starts here then moves other places and I I get concerned with that. Um so is there a way to you know through our social media whatever
else. Um I don't know if people need to apply for a fishing license. I have no idea. But um so that people know you can't do it here, but all these other places now you can because again I you know we're an island. People move here because you're surrounded by water. Can't afford to live on water. You should still be able to enjoy it. And
that's something that that I want to make sure people understand. >> Yeah, Commissioner. I'd be happy to work with she is I'd be happy to work with Melissa and I could provide her the the substantive message. She can clean it up and make it marketing friendly. We can put out and let the residents know that while these three city- owned property designated street ends, 10,4th and
Lincoln Road, fishing is prohibited. However, we're opening up the JR again between 29th and 33 and restricted. So, Mary, we could communicate that. Sure. >> Okay. Thank you. >> Great. >> Any action? Commissioner Fernandez.
>> Um, I move the item. >> Anyone second? >> I'll second. >> A motion by Commissioner Fernandez, seconded by Mayor Miner. Uh, it is a public hearing. I see no one in Zoom. No one in the audience requesting to speak. Commissioner Suarez. >> Yes. >> Commissioner Fernandez.
Commissioner Fernandez. >> Yes. >> Commissioner Magazine, >> yes. >> Commissioner Mattel Selenus, >> yes. >> Commissioner Bot, >> yes. >> Vice Mayor Dominguez, >> yes. >> Mayor Miner, >> yes. >> Motion carries. Item R5W is approved.
Second reading. Public hearing is scheduled for June 24th. That was R5W. >> Great. So, before we break for lunch, uh we have a working lunch, an attorney client session. Um, I am required to read into the record. The attorney client session shall commence and 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, the whole slew of uh case numbers. Hopefully I don't have to read all those. The following individuals will be
in attendance. It's uh me, Vice Mayor Laura Dominguez, Commissioner Militas Selenus, Commissioner Alex Fernandez, Commissioner Bach, Tanya Bach, Commissioner David Suarez, Commissioner Joseph Magazine, City Manager Eric Carpenter, Assistant City Manager Mark Tax, City Attorney Rick Depico, Chief Deputy City Attorney Robert Rosenald,
Deputy City Attorney Henry Hunfeld, attorneys Eric Huckman, Anne Flanigan of Weiss, Serora, Healthman, Cole, and Berman and Beerman. We hopefully will be back by 100 p.m. to continue with our Sutnik time. Thank you.
N feel Baby, enough. Hey Baby, baby. Hey, hey, hey. Hey,
hey, hey. Downtown. Thank you. Thank you. Hey, hey, hey. Heat. Heat. Fire higher. Baby,
baby. Hey, hey, hey. it down. Bring it down. I feel n feel. Yeah.
Yeah. Hey, hey, hey. Hey, hey, hey. Baby, baby. Make it down. Baby,
baby, baby. Hey, hey, hey. Heat. Heat. N. Everybody back again. me. Bey. Get
it. Get it. Nana nana You have enough. Hey. Hey. Hey. Baby, baby. Hey,
hey, hey. Heat. Hey, Heat. down. Don't Thank you. Hey, down. Hey everybody, hey
Heat. Heat. N. Heat. Heat. N. I'm a favorite. Feel the heart. Heat. Heat. down. Down. Hey, hey, hey.
feel. Feel Yeah. Down. Hey. Hey la. Baby, baby. N hey. Make
baby. Baby, baby. Hey. Hey. Hey. Hey, hey, hey. Heat. Heat. Heat. Heat.
I don't blue. Come on. Do it. It get it. N another n La.
Baby nothing. Hey baby. Heat. Heat. Down don't down. Thank you. Thank you. Heat. Hey, Heat.
Heat. Heat. Heat. Heat. N. Fire number. back. feel. Hey. Hey. Hey. Hey, hey, hey.
Heat. Heat. I feel yeah a Heat. Heat. N. Hey, hey, hey. You know, baby.
Make you want to make you Baby, baby, baby. ah Hey. Heat. Heat.
Heat. Heat. Heat. Heat. blueing it. Get What a movie. It get it. Nana
nana na na na na na na na na na na na. The N feeling. Baby. Hey, hey, hey. down. Hey Thank you.
Thank you. Heat. Heat. Hey, hey, hey. Heat. Heat. Fire. Heat. Heat. Heat. feel. Fire.
Hey, hey, hey. Heat. Heat. Heat. Heat. Heat. Heat. Heat. Heat. N. Yeah. Yeah. Heat. Heat. N. Heat. Heat. N.
Baby, baby. Baby, baby, baby. Baby, baby, baby.
Baby, baby, baby. Hey. Heat. Heat. Heat. Heat. I'm here. Hey, hey, hey. for
you. me. up. G up. N feel la Nat love to you. Another baby.
Heat. Hey, Heat. Heat. Hey, Heat. Down here down. Thank you. Thank you. Heat. Heat. I feel
hey. Heat. Heat. N. I am a feel. Hey Hey. Hey. Hey. Hey, hey, hey. Nintendo. Yeah. Hey, hey, hey.
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.
>> Welcome back. After our lunch break, I'm required to read into the record. Uh the city commission meeting is hereby reopened. The attorney claim session announced uh at the beginning of our lunch session has been terminated. Thank you colleagues. We're going to now
uh reopen our sutnick time for the members of the public to speak. Good afternoon everyone. If anyone's interested in speaking during sutnick, please approach the podium. >> Remember to please state your name,
address, and you have two minutes. >> Hello, Gregory Regano, resident Miami Beach. Uh so briefly we spoke on this this morning about the PFAS forever chemical levels in the water in the drinking water in Miami Beach. And I just have a
few uh key points I wanted to make. Uh Commissioner Bot had stated that this is the county's fault and it is because the uh contamination has come from the airport. They own the airport and the water supply that the city of Miami Beach contracts with them to buy. But
what is this city of what the city of Miami Beach can rectify is in its water quality report which I have here. It states unequivocally the following. The data confirms that the city's drinking water
quality continues to be excellent. Not just safe for our more than 80,000 residents, but also for the millions of visitors who travel to Miami Beach. It calls the water safe and excellent, which it's a thousand times higher than
what the EPA says is actually safe. Uh the EPA also says water at these levels is cancer-causing and inhibits development of children. Now, there's simple solutions to this, including reverse osmosis and ion exchange. And instead of telling people that the water
is safe and excellent, we should be telling them about these simple filtration solutions like reverse osmosis and ion exchange. Uh the best company from what I have seen in my research is called culligan.com.
They've been around for almost a century and they offer a product with financing for less than $1 a day that you can have reverse osmosis uh installed in your home to have 99% less PAS in your
drinking water. Uh, additionally, there's a famous movie uh based on this chemical and all the litigation into it called The Devil We Know. I highly recommend it. Um and and thank you for your time. Really, we need strong leadership here
especially to protect the children uh and and future generations. Thank you. >> Thank you. Is there anyone else in the audience who wishes to speak? >> Seeing none, let's go to Zoom. Lilia Bobic, please state your name, address,
and you have two minutes. >> Lilia, please unmute yourself. >> My name is Lyla Boick. Laya. L I L A I want to express my deeply concern about a news that I read today regarding the
approval of the demolition of the building in Macy's 17th Street in Miami Beach to give a space to build two towers. We don't need more towers. We don't need more apartments and we don't need more cars in the city of Miami
Beach. The soul of Miami Beach is the art deco district and their old constructions and I expect the mayor and the commissioners to work to save it. That's the what I wanted to express and I thank you very much.
>> Thank you. Thank you. There's no one else wishing to speak. Mayor >> Okay. Thank you. Uh not as lively as this morning. the uh let's get down to uh let's get down to business.
R5 AH R5 AH is an orders of the mayor, city commissioner of city, Miami Beach, Florida, amending chapter 30 of Miami Beach city code entitled code enforcement by amending article 2 entitled special magistrate by amending excuse me section 30-37 entitled terms of office compensation by amending the
compensation of the special magistrates providing for codification repeal of ability and an effective date. This is a first reading public hearing. It is item R5 ah >> second >> I just make one suggestion >> yeah let's let's
>> also if you want to take the liberty of describing the item even though it's not your item >> it's not my item but I think what it does is that it amends the uh special mag the the special master's uh compensation by ordinance uh right now I I believe that the city manager has the
authority to amend the chief special master's compensation But the others uh that serve under the chief special master has to be done by ordinance of the city commission. And what I would like to suggest um to the sponsor and to the city attorney if it's
possible is in the ordinance to put their provision that perhaps in the future the salary can be amended by resolution which is much easier. It doesn't you don't need to do the two readings and it kind of cuts the bureaucracy a little bit in that process. I'm fine with that.
>> I don't know if that's that's possible. >> Um, let us look into it, but it we can consider bringing an ordinance to grant that >> or maybe between first and second reading if if if that can be looked into. >> Sure. And and I believe the sponsor of
this item is Commissioner Mateo Selenas. >> Would you be willing to include that as part of the item? >> Yes. Yep. That's a good idea. >> Thank you. >> Thank you. >> So is so as amended then? Well, we we I need to look at the title to determine whether we can add that into this. If
not, we'll bring a separate item. >> Okay. >> So, motion by Commissioner Dominguez, seconded by Commissioner Matteo Selenas. It is a public hearing. I see no one in the audience and no one in Zoom requesting to speak. May I call the RO? >> Yes. >> Commissioner Fernandez,
>> yes. >> Commissioner Bot, >> yes. >> Commissioner Magazine, >> yes. Commissioner Suarez. >> Vice Mayor Dominguez. >> Yes. >> Commissioner Selenas. Matt Selenas. >> Mayor Miner. >> Yes. >> Motion carries. The item is approved 70.
Second reading. Public hearing schedule for June 24th. That was item R5 AH. >> R5 Y. >> R5 Y is an ordinance of mayor, city commissioner of city of Miami Beach, Florida, amending chapter 2 of the code of the city of Miami Beach. Entitle administration by amending article six entitled procurement by amending
division 3 entitled contract procedures by amending section 2-367 entitled rejection of bids negotiation soul source purchase waiver of competitive bidding to establish new procedural requirements in connection with waiverss of competitive bidding and amending section 2-369 entitled award of contract
to include additional factors to be considered when determining the lowest and best bidder and providing for repealer servability clarification and effective date. This is a first reading public hearing. It is item R5 Y. >> Commissioner Fernandez. >> I have a motion by Commissioner
Fernandez, seconded by Commissioner Suarez. It is a public hearing. I see no one in Zoom and no one in the audience requesting to speak. U Commissioner Suarez, >> yes. >> Commissioner Magazine, >> yes. >> Vice Mayor Dominguez, >> yes. >> Commissioner Mattel Selenas, >> yes.
>> Commissioner Bot, >> yep. >> Commissioner Fernandez, >> yes. >> Mayor Miner, >> yes. >> Motion carries. Uh, second reading public hearing is scheduled for June 24th. That was item R5 Y. >> Commissioner Fernandez, I like the example you used in the memo of the no bid on the Poseidon Fairy One, which I
voted uh which I voted no to. So, thank you. >> Yeah. And and that's and and that's the whole reason why we're doing this. After reviewing the no bid contract with Poseidon Ferry, the Office of the Inspector General identified gaps in how competitive bid waiverss are handled.
And so this ordinance now uh now steps um adds new steps uh before any waiver of competitive bid can be approved. And uh and this is something that the office of the inspector general brought to our attention because it broadens how we
define the lowest and best bidder. So, it's not just about the price tag. It's also about risk, it's about the responsibility and whether the vendor is truly prepared to deliver for the city. And I want to thank uh the office of the
inspector general and Joe Centino who's sitting in the audience uh for these recommendations that bring transparency to our government. >> Yes. Thank you, Joe, our inspector general. We
>> actually have a couple of um >> animal related items. We'll do those together. Uh well, not together, but we'll call each in turn. R5G R5 R5G is ordinance of the mayor city commission of the city of Miami Beach, Florida, amending chapter 46 of Miami
Beach City Code entitled environment by amending article 5 entitled turtle nesting protection ordinance by amending section 46S 203 entitled prohibited activities disruptive to marine turtles by amending section 46203 C relating to special events to estab established rules for special events
between April 1st through April 30th and May 1st through October 31, including lighting prohibitions, time limitations, and penalties providing for repeal servability, clarification, and effective date. This is a first reading public hearing. It is item R5G. >> Commissioner Suarez, co-sponsored by
Commissioner Fernandez. >> Yeah, thank you, Commissioner Fernandez. Man, um Amy, can you tee up the um the highlights, please? >> Sure. Commissioner, I'd be happy to. Good afternoon. Amy Nolles, chief resilience officer. Um, so the item
before you is for approval of an amendment to our existing sea turtle ordinance. You may remember we recently amended it a couple years ago actually and now this is a further refinement. Um, turtle season begins April 1st and it goes through to October 31st and we have many protections. Um, but one of
the things we also have here on Miami Beach are a lot of events. And what this item does is it allows events in April and allows them after 900 p.m. They still have to meet our sea turtle ordinance, which means they have to minimize light and follow all of our rules. Um, but it would not allow events
from May 1st through October 31st um after 9:00 p.m. because of the lighting um issues and impact on the turtles. Really, the nesting season really gets going in May. So it really from the science perspective it is important as well and should really help us with our
disorientation rates and and better uh nesting as well. >> Okay. Thank you. Uh so colleagues, you know, I wanted to bring this forward because I noticed that there were a lot of events in April that um very disruptive, a lot of lights, a lot of uh machinery on the beach and I think there
should be a definite cut off time uh in the evening to to prevent uh you know any sort of uh disruptions to our our wildlife. And Amy, you could also explain that since our ordinance we
passed a couple years ago for seat protections, the disorientation rates have dramatically improved. >> Yeah. So, we saw an improvement in 2025 uh by 9%, which means 9% of our nests uh our our nesting hatchlings um didn't
disorient, which is great. We recently got the news from Miami Dade County. So it was at about 50% in 2024 and it went to 41% in 2025. >> Right. So um I would like to hear from my
colleagues on this. Uh I know there might be some issues with some of the events, but I think we can find a middle ground to to um work on this. Commissioner Matteas Selenus, >> I just have a couple questions and overall I'm supportive of this. Um, so
if this passes first reading and then second reading next month, will that affect the um Memorial Day weekend concert and the concert that we're having for FIFA or does this kick in later? >> So this um this would come into effect next year. >> Okay. >> Yeah. >> January of 20
>> January of 202 rather I guess May, wouldn't it be? >> Right. Right. It would be 2027. >> Okay. Thank you. >> And again, it would still allow events. They would just have to stop um with the visible lighting after 9 p.m. >> Thank you.
>> Are there vice? >> Yes. >> I'm back. Um anybody else? Uh Commissioner Bot, >> um does this allow I I love this idea. I'm delighted to hear about the the
improvement. Um, does this give the city ability to use the really unsightly flood lights in case of a public safety issue? Um, I can't I don't know like if god forbid a crime scene needed to be established um >> this for special events.
>> No, I I understand it's for special events, but like is there any sort of um does this give the city the ability to do what it needs to do in case there's a public safety issue? So, our ordinance already has that. Um, public safety um
is important and is a consideration. So, yes, if there's a situation where, you know, flood lights are warranted and and there's something horrible happening, of course. Should it be sustained at all times during turtle season at night? No, we'd rather that sea turtle lights are used. >> I mean, then we have a bigger issue.
Four months of flood lights, that's a bigger issue. Um, and a question I've never asked in all of the turtle stuff. Do they I know they get disoriented by light, but does noise and the vibration from noise affect anything within SS also? >> Well, it's not within the regulatory standards. So, we've wondered the same
thing, but it's not built into the the standards are really focused on lighting and that's coming down from from FWC, >> but just for my own curiosity, is it anecdotally have we observed? >> Um, we we haven't observed or I think we're not quite sure on that one. It's not something that uh we've we've
studied here. >> Okay. Well, just I think there there's a lot of noise somewhere. I don't think a turtle's going to nest there if it looks too um disruptive. >> I know they might like house music. >> Maybe not. Maybe not to lay their eggs, but >> it's supposed to be very calming.
There's like all this research now. So, Steve, that's right up your alley. House music being super calming and good for everybody. Like, >> thank you. >> Let's call a vote. Need a motion? >> I'll move it. >> Second. >> Second. I have a motion by Commissioner Suarez,
seconded by Commissioner Bot. It is a public hearing. I see no one. Hold on for a second. I see no one in Zoom and no one in the audience requesting to speak. Commissioner Bot on R5G, >> yes. >> Vice Mayor Dominguez,
>> yes. >> Commissioner Mattel Selenas, >> yes. >> Commissioner Magazine, >> yes. >> Commissioner Suarez, >> yes. >> Commissioner Fernandez, >> yes. >> Mayor Miner, >> yes. >> The motion is approved 70. Second reading public hearing scheduled for June 24th. Mayor, I have two
announcements. R5 AE R5 AF open and continued to June 24th. So R5 AE R5 AF open and continued >> and that's the Lincoln Road West residential use incentives. >> Yes, sir. >> Items.
>> Okay. R5 I >> just AE AF >> R5 AE I'm sorry what >> he called R5. >> No no no but Commissioner Magazine was I thought asking me which ones were open and continued. >> Okay. R5 I is an ordinance of the mayor
city commissioner of city Miami Beach Florida. uh amending chapter 10 of the code of city beach, Florida entitled animals by amending section 10-11 thereof entitled running at large prohibited exemptions by providing a grace zone extending from the perimeter of the area designated by the city manager for the benefit of an owner of
an unleashed animal who inadvertently allows his or her animal to stray outside the approved perimeter and providing for repeal of ability qualification and an effective date. This is a first reading public hearing. It is item R5 I. Commissioner Suarez. >> Thank you, Mr. Mayor. I don't want to take too much time off of this, but the
idea is South Point dog park unique to any other dog park in the city is not gated and we just passed an ordinance uh increasing the fines for off leash and I wanted to just be mindful of the residents in South Point who do bring
their dogs and sometimes they do run out occasionally. Um I don't want them getting fined. So that's the intent of this. Um, if any of my colleagues have any more questions, I'd be more than happy to answer. But other than that, I'd like to move my item. >> Second. >> Call the vote.
>> Motion by Commissioner Troy, seconded by Commissioner Fernandez. >> Wait, wait. Vice Mayor Dominguez. >> Yeah, I just wanted to check on this. Um, we've had people get mauled and attacked. I looked at the memo attached to this and there is no city
recommendation. So, the city it doesn't matter either way whether we pass it or not. >> I don't have um we don't have a strong recommendation on this. The the number one thing is dog owners at all times need to be under control of their animal. I understand the intent that the
commissioner the sponsor is trying to make with this with the fines and that that this is our only unfenced dog park. Um so dogs may wander. Um, but it is very important that all dog owners keep their their animal under control.
>> Correct. So, like even if we didn't do anything today, like it's still a possibility because it's not a fenced in dog park. >> Correct. And it it opened that way. It's never had a fence. >> But the majority 99% of the time when dogs do leave that little park, there
are no maulings. It's just um >> it's just them straying out briefly. >> Right. To to my knowledge, we haven't had an unfortunate incident at that specific dog park to my memory. >> Commissioner Matteo Selenus,
>> I just have a question. John, so that's the only unfenced dog park in the area. And why is it unfensed? Just because was there a when it was created, it was the Could you explain to me the history of that? >> Abs. Absolutely. The the residents came out. This was during my time. It was
created and the residents came out at that time. They felt very strongly about not having a fence at that specific area. They and just created an off leash area during certain times of day. It came from directly from the residents of South.
We typically would not do that for dog parks, but that was a specific ask and a specific commission resolution at the time um based on the residents in the area having
what they felt were some uh extraneous circumstances. >> Correct. Thank you, sir. >> When >> I think it was 2014, >> I believe 2014. Yes. And um do we have a written resolution from SNA supporting this ordinance?
>> Um no no I do not >> this was discussed at committee. Is that right? Was this discussed at committee? >> No. >> I maybe the sponsor could help me. I don't remember speaking about this at committee. I no I think what we did was
we discussed this here and uh when the possibility of uh which was just I guess passed in first or second reading I'm not sure uh the ordinance to increase the fines of off leash uh dogs in the area uh or in
any area. I I mentioned that South of Fifth is a dog park, has a dog park that is not fenced. And so I don't want to be in a situation where residents bring their dog, they go out for 5 seconds and
they get cited $500 because their dog went out to, you know, unknowingly with the owner. So that's that's where we are today. So I on one hand we're increasing the
fines for off leash dog park, but on the other hand in South Point there's a dog park that doesn't have any fences and you know you can't control your animals if they're off leash there and they run out. So I think a grace period is a good compromise.
>> Mr. City Clerk, um I think it was last minute, but didn't the Animal Welfare Committee send an LTC against this item? >> They did, and we published it earlier this morning at 8 a.m. >> Okay. Again, I mean, I don't see what the big
deal is. Uh I mean, it's just it's an unfed dog park. We just increased the fines for off leash dogs anywhere in the beach, but we have a situation where dogs are probably going to run out. My dogs sometimes run out of
the park when they go there. I don't think the owner should be fine for that. And there's been no issues at the South Point dog park. >> Why do we need that? Because in the event that there is a code officer or park ranger that sees
your dog running out and they now have direction from the city that were we're paying attention to off leash dogs and they get fined. >> What was the answer to the question about whether so not has a pine on this? >> They haven't.
And I'll just tell you the reason why I feel comfortable with it is because this is a unique dog park. Unlike most dog parks, this dog park is not fenced. It's not enclosed. Most of the other dog parks in our city are they do they have
an enclosure around the perimeter, John? >> Yes, sir. And you just made me think of of recent legislation that passed and were was passed to create a another dog park area or off leash area closer to the Smith Winsky specifically for the smaller dogs and that also would be in
South Point Park and would be unfeded. But that's the only site in the city that we have >> the only site that is very unique because when you are dealing with the other areas of of the city, you're making sure that the dogs are in a much more controlled environment. Here you've
created this this you know open environment which is nice to have an open environment. Not all dog parks have to be fenced in. So that is the character of South of South Point Park. It's very easy for a dog to go beyond
the perimeters of the dog park because you and I and all of us know what are the perimeters of a dog park. Dog owner might not. and and and now they're in violation of the of of that of of the leash ordinance the moment that the dog
goes and chases a squirrel, go and chases a ball uh beyond the perimeter of that of of that of that area. So, you know, I just I just want us to be mindful of that because then, you know, if we do feel that there should be a leash, then maybe what we need to be
looking at is well, should we be enclosing the area? And I know in the past, you know, probably like 10 years ago or more, that was the source of great debate on this, >> right? Well, if this park has been like that since 2014, um, without incident or
have people been getting fined and that's what brought this ordinance? I just feel that this is opening a can of worms. Um, >> is how do you determine, oh, I just left the park 5 seconds ago. How do you measure that? and Sofna hasn't weighed in and the animal welfare said no I it's
just a hard one since 2014 it's been operating like this why are we doing this >> Mr. So just just if we just to bring us back to bring some commission >> clarification, the reason this brought up was there was an ordinance passed just today
that increase the fines for off leash dogs anywhere in the city and I agree with that. But if you have a situation in a park where it's unique where dogs can run out like chasing a
squirrel or a ball or a Frisbee, they shouldn't be fine for that considering that the city has a park designed to be open space. So, you know, I again I don't I wasn't aware of any
animal welfare committee resolution passed. I'm certainly would have been more than happy to discuss that, but this is more common sense. I don't necessarily need a committee to tell me what is good governance and what what isn't. This just makes sense for a
particular dog park in a particular uh setting. So, you know, I I think you're going to have a lot of unhappy residents who bring their dogs there every day and we're going to have code officers or park rangers start issuing
tickets because they run out to catch a ball. So, >> u Mr. Mayor, >> Laura, that's you. >> That's okay. >> Commissioner Bot. >> So, um colleagues, I I don't know this gentleman. Maybe some of you do. Um, we
just got an email from a resident um at 128 um talking about this um notion about a gray zone. He I don't want to read it out loud, but um what he's saying is
um uh that the I'm sorry, I'm trying to find it. The uh it's already been expanded from nothing into the the current dog park. Um owners are allowed to have their dogs there unleash. It allows people who are um scared of dogs,
people who want to keep their children at safe distance, etc. to stay away from the dog from the dogs. Um the park rangers already use their judgment and give a warning to any supposedly firsttime offender rather than a citation. So if somebody's dog happens
to stray momentarily from the dog park, they will not receive a citation unless there has been previously a problem. Um and then if there's been a previous problem, the owner should not let it happen again. And that goes back to your point, Commissioner Suarez, about um the owners are supposed to be responsible.
Um so I I think my my concern even before reading this is I'm not sure um how police and park rangers would enforce this. I mean, from which point do you measure it? Where exactly? It's a not it's not a perimeter that is visible. So you have to use your best
judgment. I I think if it's been working fine, then we should continue to let it work the way it is. I I don't think anyone is all of a sudden going to be descending on on the dog park and issuing tickets. That's not how it's worked before. I don't imagine that's how it's going to start working now. And
I I think um it it's creating a a law that is uninforcable. And um I I direct I encourage my colleagues to read this email for yourselves. I I can't vouch for this person specifically because I don't know him, but he's got some very
clear points and um so I am not going to be supportive of this. >> Commissioner, with all due respect, just because we get one email >> Well, let me finish. If you get one email from 15 minutes ago and that changes your opinion on everything, that
is common sense. >> I don't know what to tell you. Well, excuse me. With all due respect, it does not change my opinion on everything. It did not change my opinion on this. I was not going to support it. I do not think it's enforceable. I'm just giving you guys all >> right now. And just so we're clear, what
is enforceable right now is if the moment your dog steps out of that dog park, you're going to be fined something extra that we just passed today. And I don't think that's fair for that particular dog park. And that is something that is clear. It's not and I
would rather not leave that discretion to a a code officer or a park ranger to decide that. I I just I'm sorry. I don't I don't want to have that discretion passed to some a patrol officer. I'd
rather have there be a grace period for this particular dog park that has had zero issues. Now, who's to say that there's going to be a code officer or park ranger that has a a beef with one of the residents, which I know happens cuz they tell me about it
and they write him a ticket because that's the letter of the law. So, I mean, again, I we're on one hand, we're making it very ownorous on dog owners, and on the other hand, you have a situation where it's it's
uncontrollable. Dogs don't really know borders. They don't know that they can't leave. So, and if in the chance that they do, I think there should be a grace period for that >> through the mayor. Um, Chief Chief Jones, sorry to call you out, but do you mind joining us?
Um, can you address please how the park rangers um enforce what currently exists? Um, it's not something that I am down there doing every day because my dogs are up in North Beach and I keep them on the leash. Um, but my understanding is that there is not like
a gotcha game of if the dog strays out that that somebody's waiting there to write them a citation. >> Yeah. Good afternoon, Wayne Jones, police chief. I ask my colleague uh John Reeba to address the way park rangers may may deal with situation like that. But I can tell you as far as police department is concerned, it's really not
high in a priority list um the full scheme of things in a on a on a daily basis when patrol officers patrolling the area that we're discussing. I'm sorry. >> Likewise. >> Say it one more time. >> Likewise. >> Yeah. So, >> apologies. I forgot, John, that that um
park rangers are officially under your purview because anyhow, but so between the two of you, it this is not a thing that's like all of a sudden there's going to be a gauntlet of of officials who can write citations. It's going to be, hey, make sure you keep your dogs in in the confines unless there's a repeated problem the way it's been
existing for the last, you know, x number of years. >> Correct. The the the main role of the park ranger is to be an ambassador first. you know, they are not mandated to go out there and to issue citations.
Um, however, they get to know they know their patrons. They they they know repeat offenders and that's when it will trigger. First, it is an education. Please, you know, the boundaries here, keep your animal within that area. Thank you. And then is okay, I we warned you last week. When it gets to another one,
then they'll issue a citation. But the knee-jerk reaction is not to sight a first-time offender. That's the practice of the park rangers. again. And and to that point, I just don't want to leave that to the discretion of an officer, a parking a code officer or a park ranger.
I think it should be written in in our code. >> I second the item. >> I second the item. >> Steve, commissioner, mayor. Sorry. It's a public comment. >> It is a public hearing. I see no one on
Zoom. Is there anyone in the audience wishing to speak? There's none. Call the vote. I have motion by Commissioner Suarez, seconded by Commissioner Fernandez on R5. Commissioner Mattel Selenus, >> yes. >> Commissioner Fernandez, >> yes.
>> Commissioner Bach, >> no. >> Vice Mayor Dominguez, >> no. >> Commissioner Magazine, >> yes. >> Commissioner Suarez, >> yes. >> Mayor Miner, >> yes. >> Motion carry. Second reading, public hearing scheduled for June 24th. That was item R5.
We'll uh we'll reach out to Sofna as well to get their uh input. It's called R7D. >> R7D approve with North Bay Village Culture Crawl Trolley Program R7D.
>> Commissioner Suarez, co-sponsor with Commissioner Bot and Commissioner Fernandez. Commissioner, I think this was pulled off of consent at the last meeting and this is why it's discussion now. I'm not totally sure. Was it so >> okay?
>> I know I know I know everybody has been working on trying to figure out the details and the pricing and um I thought I thought that they were that we were still in discussions with the mayor um and Jose to get to the pricing. >> So Jose, take it away, please.
>> Sure. Um thank you, Mr. Mayor, commissioners, Jose Gonzalez, transportation mobility director. So, what what this item does is it formalizes the relationship, the arrangement between the city and North Bay Village wherein we've been uh well
actually at North Bay Village's cost. Uh we've been using our operator to provide trolley service during culture crawl events. And as part of that service, uh, our trolley serves, it extends over into North Bay Village. It it has a few stops
there, picks up, drops off people, brings them over to North Beach along 71st Street, a couple different areas, including the Fountain District as well as the Banshell area. And it's been it's been popular. North Bay Village um has
has really, you know, enjoyed that this partnership. Uh I'll reiterate it's been at their cost and it will continue uh to be at their cost. So far we have their commitment until the end of this culture
crawl season which I believe is July of this year. And so what this agreement does is it formalizes the relationship and uh establishes a mechanism whereby North Bay Village can reimburse us because up until now we've been fronting
the funds for this service. It's once a month >> through the mayor. Do you have a question? I have a question. >> Go for it. >> Um through the mayor. >> Commissioner Bond. >> Um I talked to Mayor Straightfeld uh three weeks ago about this. Loves the
program. Everybody in North Beach loves it. I you know, it' be awesome to expand it down the road when we're ready. But um my recollection was that there had been a concern about the pricing and that that North Bay Village and Miami Beach were working on trying to figure out what the right pricing should be. It
was a little bit expensive for them perhaps. Um can you talk about where we are in that? >> So I believe you're referring to a permanent service, a potential future permanent service connecting our trolleys to North North Bay Village. In
terms of this item and the service during culture crawl, they are they are 100% on board. >> Um, >> so that's a whole separate item that we can work on separately. Yes. >> Okay. Got it. Thank you. >> So I move it the >> second. Let's call the vote. >> So I have a motion by Commissioner Bot,
seconded by Commissioner Fernandez on R 7D. All in favor, please say I. >> I. >> Anyone opposed? Hearing none. R 7D is approved. 70. >> R7E. R7E is discount on residential parking
permit registration fee. >> Commissioner Matteo Selenus. >> So, this item was on consent and I actually pulled it myself because there was a a bit of a um misrepresentation. The idea is to give a military discount
and a senior discount for folks um on their with their uh registration fees. And unfortunately, the senior discount didn't mention that it was supposed to be for low-income seniors, not just any senior. So, I'd like to offer that amendment. And then move my item. So,
this will just be for lowincome seniors and military to get a small, very modest 10% discount. >> Second. >> I'd like to Thank you. I'd like to >> call a vote. Motion by Commissioner Matoselino, seconded by Commissioner Fernandez as amended. >> Let me just ask one question if this is
part of that actually. Is this a referral to committee or is this that the policy we're adopting it now? >> This is the policy we're adopting now. >> Let me ask you something. If we're talking about seniors and we're talking about our service members and there's nothing more
significant that we can do than 10%. I mean, it's your item, you know, I don't want to throw a wrench in it. Um, but I'm just wondering, you know, seniors are not always in the best positions.
Um, I'm It's up to you. >> I'm fine with a a bigger um discount. And in fact, the item might even say 20%. I don't remember the number off hand, but I'm fine with whatever works uh financially and what I get support with up here. I agree with I'd love to
give a bigger discount. Um, so I' I'd love to hear from others too up here. >> We're talking about our service members also and they've done a lot for us. Um, so
>> 20%. Anybody want to go higher? >> Free. >> That's what that's how I was feeling actually. >> Free. Okay. I'd like to amend my item to say that low-income seniors and military professionals get um free uh parking. I >> fees. >> Yeah. Do and I and I'm sitting right
next to our budget chair. So, uh just just money. >> Yeah. Just I I would want to anal I I threw that out there as as potential to contemplate it, but I'd like to hear >> and I don't know if you're prepared to do it now, what what kind of fiscal impact that will have.
>> I mean, this isn't how we legislate, >> right? We're we're just 10. Do I hear to I mean, that's what Oprah does, right? >> Free car for you. Like if we're going to do it, let's be serious about the policy. We don't just say start at 10%.
I go to 20. Do I hear free? Yes, free. If we're going to do it, let's specify who it is, what it's going to cost the city, >> and make a sound judgment. >> And that's silly. Well, it's not cuz that's actually what we're saying. >> It is. We were just about to pass it. We
go, okay, free. Sure. We don't know what fiscal impact 10% 20%. >> Or free. >> We're discussing it. But the issue is we're not we don't have any analysis. And so I you know I I'm all for I think we need to as because there are
other things on this agenda that that talk about waving fees. And I on principle there's a there's a case to be made for reduced or or waved fees. But let's make them means tested instead of just generalizing categories which are not very precise. I mean, why is
somebody who might be 67 years old but living in a $20 million home getting discounted parking, you know? So, I I don't agree. I I don't disagree with the goal. Um, and you know, perhaps military veterans are a whole different um category. I don't know. Let's look at
what best practices are and let's come back to the commission with a proposal of means tested what the impact is um you know in cities around the world around the country this is how they treat u military veterans who deserve you know all the respect and all the the benefits that they can acrue for having
put their lives in harm's way for the greater good of our country like nobody's arguing that but let's figure out what the best way to do it is before we just wholehearted wholesale just you know make decisions on the fly at the same time that we're going through this budget process where we are trying to
keep taxes steady um do billions of dollars of infrastructure rate that currently um uh infrastructure work that is currently unfunded and wildly necessary and sure it's not a lot of money on this but then it's not a lot of money on that and then all of a sudden
it starts adding up so again I support the goal I I just suggest that maybe we we open and continue this till next month let you guys have a chance to come back to us with a plan and and make it happen in a measured way. >> Yeah, if if I can bring it home.
>> It's your item, Commissioner Matt Selenus. I think there's been some good suggestions here, but clearly it's going to take a lot of more input from city staff and and the financial impact. So, I don't want to I don't want to hijack your item, Commissioner Mail Selena. So, it's up to you. I mean, I think you have the votes to get this passed today at
10%. And maybe future considerations for something more. That's your call. >> Or even 20. I'm sorry. I I didn't mean to take it from you, but um let's just like quantify what it is. Is there even like a back of the envelope estimate? >> Uh well, McDonald, director of parking
city, Miami Beach. Right now, we don't have any data on anybody selfidentifying as a military veteran, as an active duty service member, or on the ages of anybody that holds residential permits. It's it's not something that we collect or ask. So, I I I imagine it's got to be
>> What What is our comprehensive permit registration fee? >> I don't have that number. I apologize. >> You're talking millions of dollars. >> So, for example, our our annual registration in zone 2 uh is $56 a year.
Um we have Altos Delmare, which I want to say off the top of my head is just over $200 a year. I get that. But it runs. >> But I'm saying like uh our aggregate fees that we collect on permit registration, we talking hundreds of thousands, millions, >> 10,000, 16,000,
50 times I I'd say it's less than a million or right around that area. It's less than a million. >> I'm fine. Wherever you want to take this, uh, Commissioner Sl, I just think like, you know, we we come with something more
t not we come with something more tangible. You have this, but when we decide on something, let's just have a rhyme or a reason to it. >> And if I get that maybe the mayor said it as a joke, I wasn't referring to you as free, but if we were about to vote on that, it's just let's have something
tangible, right? like okay let's make our argument for 10% let's make our argument for 20 let's make it for free if that's what it's going to be and at least have some sort of idea whether that's and we don't need to refer to finance committee to hash this out even
if it is returning maybe next month um is this first reading okay so this is uh uh this would be approved just to see the quantification >> but we don't have that quantification right because we don't collect those details so there's really no way even if we bump this a month. Yeah.
>> Ah that that is that is a correct assumption commissioner. Unfortunately we don't uh we we don't ask anybody the the questions that would be required. So it would be a um a guesstimate is the word I like to use. >> How will we implement it then?
>> Uh so essentially in the implementation we would just add it as another question with our application. So, uh, for example, um, if you are a military veteran, please or you're active duty, please provide your CAT card, um, or your, uh, CAC card, sorry, u, or your
DD214. Um, and then if we use low income, we could talk on on on respectable ways to to best serve that population. I I don't want to spitball off the top of my head right now, >> Mr. Mayor. >> We can figure out a way. >> And I'll just leave with one thing.
Wherever we land up, let's just have like seriousness around it and uh rhyme or reason. We can do that today. If we're not going to get further data, I'm fine on voting for something today. Let's just maybe collectively have seriousness around what that number is. Commissioner Bot. >> So, um perhaps it might be useful to
reach out to the VFW post to see they might have a sense of how many veterans live in the city. Um and then also, um >> I had another idea for you. One of the other things that we can do is we can pro um we have the email addresses for everyone that
has a residential permit. We can send out um a a Microsoft forms anonymous poll. >> Y I don't want to do the all of this like if we had the data we had the data we don't need to try and you know solve
the blacks model to try and get what the back of the envelope is. If you say our aggregate data is less than a million dollars as a whole and this is just a small small subset of that
and if I may through the chair um we do have some restrictions in our parking bond covenants that I would want to look at before you did a free parking program. This may be dimminimous so it may not matter but um I'm not prepared to give you that recommendation today. I
I don't think we're really doing free. I don't think that's seriously on the table. >> I guess we're trying to come to uh Well, I'll turn to back to Commissioner Matas Lennis. It's your item. So, why don't you give us direction what you want to see go forward today and see if you still have the support, which I think you do.
>> Thank you, Mr. Mayor, and my colleagues. Um robust discussion that I didn't expect to I you know, but that's okay because I know we're all just trying to help people up here. And I just want to pass today the 10% discount for seniors over age 65 that are low income. Maybe we do an AMI of less than 80%. I don't
know. And then military members um current and active duty. So I'd just like to to I'd rather get this done than kick it down the road and then have it go through a bunch of iterations and then it will eventually maybe even come back the same way. So let's just do it today. Um so I move my item.
>> Yeah. And if I could, Commissioner Matos, I'm fine to get anything done. Whatever it is that you want to land on, and I apologize if I hastily hopped in, but we just went in 5 seconds from 10 to 20 to free. So, wherever we want to land
on it, as long as there's some thought put behind it, I just saw that train kind of like going down the tracks. >> That's why you have the budget chair. Absolutely. >> No, but um I I don't need this to go through different iterations. It was just kind of taking a a second to pause. Uh I I think we're actually going to
start to paying people to register. That's where we're going. Um but kidding aside, uh support whatever you want to do. Uh wherever you want to take this, we don't need to, you know, prolong it. That was a helpful discussion that we got from Will about the aggregation and
collection of some of the data. Uh so wherever you want to go to this, don't constrain yourself to what was originally proposed. if um if you thought a different number works, you have my support. >> Thank you. I'm fine with 10%. I wrote it as 10% just to, you know, help a little
bit. Um and this actually was a request from a senior that uh approached me and so um I felt 10% was small but fair. Um and again, I'd like to move my item. >> Second. Let's call the vote. Have a motion by Commissioner Mattel
Selenus as amended uh seconded by Commissioner Fernandez to include lowincome seniors and military uh personnel. Uh all in favor please say I. >> I. Anyone opposed? Hearing none. R7 is approved. 70. >> Good job commissioner.
There's actually one more animal welfare item that was not called. R5J R5J is an order of mayor city commission city may be Florida amending chapter 10 of the Miami Beach city code entitled animals by amending section 10-1 entitled definitions to further define certain terms therein by amending
section 10-3 entitle enforcement adoption of portion of Miami day county code by reference to clarify enforcement requirements by amending section 10-5 entitled failure to give accurate identification refusal to sign and accept notice of violation to clarify violation requirements by amending
section 1019 entitled cruelty to animals to further define terms therein by amending section 10-2 entitled confinement of animals without sufficient food, water or exercise. Abandonment of animals to further define terms therein and by creating section 10-22 entitled reporting of suspected
animal cruelty to encourage early reporting and providing for repeater servability codification and effective date. This is a first reading public hearing. It is item R5J. >> Commissioner Suarez. >> Thank you, Mr. Mayor. Um, I just want to highlight some of the key provisions for
updating this ordinance that is um, I I think severely lacking some modernization. Um, allows officers to rescue animals from hot cars under oxygen circumstances. Allows officers to take
temporary emergency protective custody of animals. Uh, creates a reporting section to encourage reporting of suspected animal abuse. Uh it enhances animal neglected and cruelty standards by giving specific enforceable examples.
Uh it adds in failure to act when an owner fails to seek necessary veterary care. Allows park rangers and code officers to enforce in addition to police officers. Um animal neglect and and abuse. And both civil fines and
criminal charges can run concurrently and civil cases support criminal cases. Um section 10-1 amendments. This section revises the definition of an officer to include code complaint officers and park
rangers. Uh that means the city will have a greater reach to address animal neglect and animal cruelty. Uh because both departments can intervene more quickly. Uh section 10-3. This section changes shall issue to may issue giving officers discretion to choose warnings,
education or citations depending on the circumstances. That means officers can use their professional judgment and educate owners to increase compliance and address matters before they escalate to serious neglect or cruelty. It also confirms that any authorized officer may enforce chapter 10. Um,
and if the city wants to chime in on some of the provisions, you're more than welcome to. Just a couple more. 10-5. The section clarifies that if a person refuses to sign or accept a notice of violation under sub subsection, then that such person can be arrested so long as a refusal occurs in the presence of
law enforcement. Penalties are amended to align with other portions of the city code. And section 10-20, the section details standards for proper care, including for adequate food, continuous access to portable water, ventilation, sanitation
space, and protection from extreme weather. It prohibits leaving animals unattended in dangerous vehicle conditions. It also allows each day of a violation to be counted as a separate offense by expounding on the acts that constitute animal neglect. This section
provides clear enforcable standards for officers, visitors, and residents. Officers are also empowered under the section to offer early education and to take emergency proactive actions when an animal is in im imminent danger. It reiterates immunity from liability for
officers acting in good faith. In section 10-22, this section encourages residents and animal related related businesses to report suspected cruelty or neglect permits, anonymous reporting, and clarifies that it does not create a legal duty to report. This may this may
allow for earlier intervention and allow more cases to be identified before an animal reaches a critical state. It also identifies those who see animals most frequently frequently veterinarians, groomers, boarding facilities, and trainers to encourage early detection or cruelty and neglect. So, like I said in the beginning, this is more of a
modernization for our animal cruelty laws. And I'm sure the city has any more questions if my colleagues have questions. >> Commissioner Bot, >> I love this. I move it. >> Second. >> Wow. Wish every like this. Let's call a
vote. >> 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 Bot, seconded by Commissioner Suarez. Commissioner Suarez, >> yes. >> Commissioner Magazine, >> yes. >> Commissioner Fernandez, >> yes. >> Commissioner Bot, >> yes. >> Vice Mayor Dominguez, >> yes.
>> Commissioner Matos Selenas, >> yes. >> Mayor Miner, >> yes. >> Motion carries. Second reading. Public hearing is scheduled for June 24th. That was item R5J. >> R7F. R7F is create an an expedited elevator inspection protocol. R7F.
>> Mr. magazine. >> Thank you, Mr. Mayor. Um, you know, is part of uh a lot of the especially older buildings go into inspection um 40-year reertifications and things of that nature. Uh one of the biggest uh
overhangs and challenges is updating and getting certifications for elevators, especially a lot of the older buildings, particularly those buildings that have uh a single elevator in some of our senior homes that we visited, right? I can remember going uh for an event probably about a year ago
and there was a senior building with one of their elevators and they're waiting 10 minutes. Crazy. Crazy, right? It's a life safety issue. It's a quality of life issue. It's restoring dignity to people's lives. Uh and that's in the most extreme, but even uh in in the
medium, it's really uh for multifamily buildings, they just want to get things done uh expeditiously and we're seeing that more and more uh and seeing those challenges uh with the elevator inspection. So, John, turn it over to
you. Um I don't think this should be largely controversial, but uh happy to answer any questions. >> Uh yes, sir. John Norris, public works director. So this item, I believe, came up after a complaint came in from a building in Mid Beach that had quite a few senior citizens in it. Since then, we have modified our approach. In that
case, it was part of the responsibility was on the contractor who wasn't quite ready for the inspection, but you know, there were some communication issues. We resolved that. We do now have a plan to um prioritize buildings that have only
one elevator and move them ahead in the schedule to get that elevator inspection inspected and get it online. In addition, um our elevator inspectors are encouraged to communicate with the contractors to make sure that they know exactly what they need to have done so
we are not coming back for multiple inspections. One challenge we do have is these inspections can take an entire day depending on the size of the building. So, we do need to make sure when we go there that we want to pass them on the first inspection. We want them to be ready. So, we're working to coordinate
that. >> Okay. Excellent. I appreciate that and I appreciate all the work uh you and your team have done. >> Thank you. >> Yeah. Um I'd like to co-sponsor this item. This is a great item. And I was also um someone reached out to me about
an a building that had I think 10 11 floors and the elevator was broken and and there were elderly people that were stuck on the upper levels that just didn't have the strength and the wherewithal to climb up and down, you know, 101. It was a mess. So, I love this item. Commissioner Magazine, thank
you. And I want to co-sponsor this item. >> Mr. Mayor, Commissioner Suarez. Um, you know, the elevator in city hall has that has that is that expired
currently? >> I'm not sure. I'm going to >> the main one. >> Defer to Mr. Rebar? >> Don't know. >> Something tells me you're not asking questions. You don't know the answer to. >> Yes, sir. It's due on our new
inspection. I think it's a little rich that the city continues to fine residents and buildings. Meanwhile, our own elevators expired and
we we're the city building or the staff is not getting reprimanded for this. Meanwhile, we have residents in their condominiums who have expired tags for whatever reason, and they're
getting penalized. Meanwhile, we're not. I don't think we should be giving any sort of penalty to any residents until very least all of our elevators in the city of Miami Beach are up to code.
So, if I could, um, I think that's a slippery slope and I think it's something that we need to be a little bit careful about because there are different levels of safety concerns. Our elevator inspectors are very careful to take elevators out of service when they
are not >> functioning. taking out a service and finding. I don't think we should be finding anyone in the city of Miami Beach until we have our own elevators fixed. >> That's your legislative purview. Commissioner Bot, >> ask a question for clarification. The
elevators in city hall, are they just do an inspection or are they out of or are they not working properly? >> Okay. um they're working properly but they currently need some sort of repair modification which is not life safety related to get a valid certificate. That
is my understanding of the situation. I do have um Frank Garcia here who is more closely working on this. >> So I mean do we have a plan in place? >> We we do. Um good afternoon Frank Garcia, facilities
management division director. Yes. each unit, you know, may have um a kind of lesser item uh where it's uh something that doesn't merit shutting the unit down, but it's a compliance
kind of regulatory item. I can share that, you know, one of the challenges that we come across um when scheduling these inspections is there has to be multiple parties. um our public works elevator section um fire alarm vendor um
the elevator uh maintenance and repair contractor that we use. So sometimes getting all these um folks on the same page for the inspection um becomes a challenge and that's why I think we've seen a lag as of late on those certificates. Is that requirement that
is complicating factors to get the inspections done the same type of same set of requirements for a private building, a condo building would also have to have those four or five different parties on site or is it different? >> Yes, ma'am. It should be the same
protocol and the same >> so >> types of machines. >> We're the government and we've got all the people here and it's hard for us to get done. Um, so I I think um when we find when we do elevator
inspections, do we is there a bifurcation of um you need to get this fixed, you've got a 30-day cure window or whatever versus this is a life safety issue like what what triggers a fine? For instance, when somebody leaves yard
clippings in the condo front yard, they get a notice of violation. They have 30 days to cure before they get fined. Right. So, is that is that what happens with an elevator that doesn't have a life safety issue or is that or they the
fine happens immediately? >> Question. >> Yeah, I'm not sure. I'm actually texting our chief elevator inspector to get a little more information on this. So, just I'm going to make an after after the fact res a motion for resolution
because it doesn't seem like staff really knows what's going on either. I don't want any residents in Miami Beach to be fined for their elevators until we have every single elevator of Miami Beach up to code. >> Second,
>> it's we need to lead by example. >> Yeah. I mean, if if we're not if if we're not able to comply for whatever reason, how are we going to be burdening our own residents who have access to less resources with the fines associated
with this? I, you know, there's ways to still push for compliance without the fine attached to it >> through the mayor, vice mayor. >> Yes. Um, so I I agree with that notion
of leading by example. Um, I also however have concerns that the fines are used a little bit like a stick when the carrot doesn't work. And what I fear is that property managers or owners of
multif family buildings with elevators may not I I don't want to get into a situation where the property owner or manager is not complying and it's a life safety issue um because they know they're not
going to be fined. that to me that's a really slippery slope and a and a tricky needle to thread to throw all the metaphors into one sentence. Um I don't want you know for the example you somebody gave about the the 10story
building with seniors trapped on the upper floors because they couldn't walk up and down. I don't know if that's because the property owner just didn't care and they're like, I don't, you know, nobody's going to check on me or if I don't know, but I don't want to sort of open the floodgates to people not doing what's right by the residents
in those buildings. So, how do we how do we do all the things? >> They can still issue a warning. They just aren't imposed a fine. >> Is there a way to differentiate between life safety >> versus >> Well, if there's a life safety issue,
I'm assuming they turn it off. they they they the elevator is no longer functional. If if it's about to fall apart, they're not just issuing a fine or a warning. They're saying you cannot use this elevator. That's a other that's an that's something completely different. But I'm not sure that when they
>> Well, what I'm saying is just if your certification lapses because your your board changes over or you you just weren't following through and there shouldn't be a fine until we have all of our elevator six because we
should be leading by example or I want to just make sure we're clear on the two issues. But when you issue these violations, do you different do you differentiate between a life safety violation as opposed to a general maintenance violation? >> That is correct. You do. And I would like to get some more information on
what's going on with the city hall elevator because it doesn't warrant a shutdown. It also might not warrant a fine at this point. There was a huge challenge as Frank pointed out bringing all the parties together and that was the issue that actually brought up this
conversation. They couldn't get the fire alarm company there with the elevator company with the inspectors. So, it's all a coordination issue. So, I would like to get a little more information as far as what's going on with the city hall elevators. That's likely the issue >> in at least a couple months.
>> And I really can't speak to that, but if I could get more information, I'd know the details. And >> well, to be well, to be fair, John, it's really not your responsibility. It's our city manager's responsibility to be answering these questions. So absolutely the buck stops with me.
I'm responsible for all of the departments. Um and the fact that the elevators haven't gotten their inspections and reertifications is unacceptable. And we need to make sure that that happens as soon as possible. And I think
there should be no reason that that can't happen in the next 30 days. Um and we'll bring an update back to you next month. >> Can I ask another question? Um when when a residential building gets a fine for
an elevator issue, it's the it's the build the property manager who who pays the fine. It's not the residents. >> Uh yeah, the association does >> it gets passed down to to the residents. And that's and and that's where like I think what Commissioner Suarez is
mentioning it it does make sense to me because I do think when it's general maintenance and you're not doing your maintenance and there's issues, you know, um it when there when you're not doing your your maintenance because of the bureaucracy, the bureaucracy gets in
the way. There's or there's I don't know inventory issues in in the marketplace. Sometimes you hear a lot of these um maintenance issues with elevators and there's there's a lack of supply on a specific piece on a specific product
that everyone is dealing with at the same time. Why would we why would we charge the residents and the condos of our city? Those condos and even apartment buildings are going to pass it down then to the tenants. Uh why are we
going to charge them a violation? Um, it's different when it when it's a life safety violation there, maybe we should continue pursuing aggressively because that's a very different thing, a life safety violation. But I think when we're talking about general maintenance, I
think I think we're we're we're all on the same page that even if the city can't do it, can't keep up with the um with the with the regulatory requirements of having the permit up to date, well then how are we going to go
out there and start, you know, issuing these fines on our residents who are dealing with the same exact circumstances and limits in in supplies and and industry issues as we are. >> Commissioner Matteo Selena,
>> I just wanted to ask a question. Do we have any um do we have enough elevator inspectors or do we have openings in that department? How's that looking? >> No, that's completely filled. >> That's completely filled. >> We have two elevator inspectors and one chief elevator inspector. They're all in the field doing elevator inspections,
which is likely why I'm not getting a response right now because often they're in precarious situations doing inspections. >> Yeah. through the vice mayor. >> Do that through the vice mayor. Also, because I' I've I've attended numerous condo HOA board meetings and a lot of
these elevator companies, the service person, there's only like one or two and they really have a monopoly on the industry unfortunately and they're very unreliable. And when that happens, it's the
residents that end up paying for their, I guess, unreliableness uh through their vendors. So, if we're experiencing that and we can't even get our elevator certified, then I don't think we should
be be requiring that from um from our residents. And I'm I'm I'm I'm okay with amending it to nonlife safety issues um at least for the time being. So, Mr. City Manager, if you think you can get it done in 30 days, great. Then that'll
be 30 days of of leading by example. Do you have any problem with that? Uh, we're talking a lot of generalities and I'm not hearing any specific examples. So, I'm struggling to say yes or no in a hypothetical situation.
>> So, maybe Mr. City attorney, you can help me craft this. I'd like to have a after the-act resolution that no buildings get fined from our elevator department until such time that all of our city elevators are up to code
minus any life safety issues. >> So just to understand because I believe that what we have is that our inspections are not up to date. So, I think what you're proposing is that a violation because an inspection is not up to date
will not receive a fine until such time as the city's own elevators have their inspections up to date. Is that what you're proposing? >> Correct. >> And I believe I have a second on this. >> Yes. >> Second.
>> Is it time to call vote? >> We have two items. We This is the after the-act reszo. Uh so we're going to call this R7F2. So in R7F2, I have a motion by Commissioner Suarez, seconded by Commissioner Fernandez for the after the fact. All in favor, please say I.
>> Anyone opposed? Hearing none, we uh the item is approved. We still have to deal with R 7F, the item that was on the agenda. I don't have a motion or a second for that. >> I'll move it. >> I have a motion by Commissioner Suarez, seconded by Commissioner Magazine. This is on the original item R7F which we're
now calling R7F1. In favor, please say I. I. >> Anyone opposed? Hearing none. R7F1 is approved. >> Thank you. Let's do some uh get the budget items
done. See Jason Green here. R 7A and R7B. >> R7A uh public hearing adopt fourth amendment to the fiscal year 2026 capital budget. R7B adopt fourth amendment to the fiscal year 2026 operating budget. >> I'll move the item.
>> I'd like to hear what the second amendment is. >> I have a motion on both items. R 7A and R7B by Commissioner Fernandez. And I heard >> I'd like to hear the I'd like >> Yeah. Well, and I heard a second by Commission Mate Selenas. It is a public hearing.
>> Uh thank you Jason Green, city's chief uh financial officer. The first item is the the capital budget amendment. Uh the first item on there is the the water main replacement for uh Dave Boulevard. Uh this is taking some money from the
two series 2025 water and sewer uh from one project that has additional funding. This is to get this project uh across the finish line on its funding for for uh procurement that was just done. That was the first one in the water rain replacement on Date Boulevard. Uh the
second one is the Miami Beach mooring field buoy design. This is to add $78,000 from the waterway markers and signs project. This is due to the fact the project had been cancelled and that $78,000 was targeted uh to be funded through uh a grant and since the project
wasn't moved forward, the grantee uh notified us that that we would not be reimbured. So the city would have to identify the funds that were already spent on that. So those are the two for the capital. a second or it's already been seconded. Sorry.
>> So, may I call the vote then? >> Let's call the vote. So, on R seven A and R sevenB, I have a motion by Commissioner Fernandez, seconded by Commissioner Mattel Selenas. It is a public hearing. I have one individual on Zoom. Anyone in the audience? Seeing none, Miami Beach is a screen name. Are
you here to speak on the budget items? Screen name of Miami Beach. Please unmute yourself. PJ, let's let's conclude that then. Mayor, there is no one on Zoom or in the audience. All in favor of R 7A and B, please say I. >> I.
>> Anyone opposed? Hearing none, these items are approved. R 7A B. >> Thank you. >> We have the operating. We did R7 AB. >> Thank you. >> Thank you. >> Thank you. >> Let's call R seven AC. Mr. Mayor,
>> Commissioner Fernandez. >> Yeah, I mentioned it earlier at the beginning of the meeting what was going to happen today at the Freedom Tower. Uh and it happened while while we were standing sitting here in in our in our chambers during our meeting. The very historic nature of the of the indictment
against Raul Castro um for the atrocities and uh and the murderers acts that were committed back in 1996 when they shot down the uh brothers to to the rescue planes on their humanitarian mission over international waters. and
and it happened today that that the federal government um didn't brought forward these uh charges against this murderous regime that has hurt so many in our community upending their their lives. And um and I wanted to publicly
express gratitude to you uh for the statement you put out uh in support of our of our Cuban community and um and put out there the hope of those who came before us who died with hopes of seeing
a free Cuba and never got to see that and that hopefully it doesn't end here that they continue moving forward to restore to to to to restore or bring the end bring the end of tyranny. um to so many that continue to suffer in
this day, this island just 90 miles away from us. And so I just wanted to highlight that because you know there's so many of us that are Cuban Americans on this day as Commissioner Dominguez, Commissioner Suarez, and so many in our uh family of employees and in our
community who who have seen uh and whose families have experienced the the atrocities of that government. And I wanted to highlight the moment because it happened while we were sitting here in these chambers. >> Thank you. Thank you, Commissioner Fernandez, for mentioning that and uh for highlighting it this morning and for
acknowledging the statement that I put out on on social media. It's uh it's it's it's a great day in in many ways. It's so difficult, like you say, we're they're it's an island so close to us and to see the uh the communist regime really just destroy that country and
take away the freedoms and democracies that we all deserve. And we, like you say, we live it every day because we all have friends and neighbors who are either from Cuba or their parents are from Cuba. and to see
the pain that they have to consistently go through to live through this um this regime that has taken away so much of life and of liberty. Um and hopefully one day uh soon we will see freedom and democracy return to Cuba. And when you say the loss of life is the execution,
literal execution of dissident through firing squads and that and and the way that they have allowed for for for this uh form of government and injustice to spread throughout the Americas. They are
the greatest threat in the Americas to to to our country. And I'm grateful that this day has come because so many so many that came to this country died waiting for this day to happen. And the four innocent men who died over
international waters trying to trying to spread messages of hope of freedom of liberty uh to those who were trying to escape uh that that that tyranny. Those families today are are living a peace of
justice. But justice who won't truly happen until Raul Castro is brought to the to the United States before a court to face the real justice that the Cuban people deserve. >> Amen. Thank you.
>> Thank you. >> Wow. It's tough to go on to the next item uh after uh it's uh deep, but R7 AC >> R7 AC approved free fee waiver $33,000 for Miami Business Club. R7AC.
>> Thank you. So, this is my item. Thank you. We have uh Stefan and Natalia from the board of the Miami Business Club who were here. They could obviously answer any questions. Hopefully, we're all familiar with them. and just to tee up um what they're trying to do and what the importance is and and I believe Commissioner Magazine, you made you
introduced me originally to the Miami Business Club. So, thank you. Thank you for that. Um one of the things that we are we are actively working on is bringing in good businesses. Um there's a lot of capital flowing into uh Miami Beach and South Florida right now
because of what is transpired here in our in our city and our region which is not just national but international in scope. What is happening here? It's it's an incredible moment for all of us living here right now that we are we are in many ways the epicenter of the world
and everyone you see some of the largest uh titans in finance and tech are moving here. certainly uh business hubs, headquarters or or even family offices are moving here. And I mention all that because the Miami Business Club is is
part of that uh migration, part of that ecosystem. And they do monthly a Miami Business Club um event uh at at a local generally almost always in Miami Beach at a local restaurant or or or bar. they get
anywhere between 75 I've even seen you get over 200 people young professionals um working in the South Florida region now you started also uh a Friday's event every Friday so I I think you're contri I know you're contributing a lot I think
I I go to every one of your events I I don't I try not to miss any of them um I think it's important that uh the the residents the professionals coming see their leadership um part of part of the process at At the same time, you're
you're looking to bring a a an event. Actually, I'll have you come up and describe what you're trying to bring here. And the reason why I like it is because you're trying to bring something to to the convention center, which I have brought items in the past that at times we should activate our convention center more, especially at moments like
on a Saturday night when it's when it's dormant. But thank you, Stefan, for being here. >> Thank you for having me. I'm Stefan Ling Murf, uh, founder of Miami Business Club. So, we do these monthly events. So we bring in the local business community community and now we we wanted to do an
inaugural annual gala and as we've been working collaborating with the city we like to do it here in the convention center and we found this venue the sunset vista room beautiful venue in in the convention uh center and uh you know
we found out that it's pretty costly to do it there um and um we don't have a budget it's all volunteer work and we don't have a membership fee or anything like that. So, um we're trying to do that and then uh we're going to work with um a charity. It's the Miami Water
Keeper and we're working with we're going to work with two charities. So, Miami Water Keep will be the first one. Um we are close uh contact with one that we're probably going to find an agreement with that we're going to work with. So, there'll be a lot of donations. So, the less of a fee, ticket fee we can have, the more we can donate
to these uh organizations or these charities. Thank you. Thank you. >> I'd like to move the item. >> I just Yeah, I'm going to turn it over to to Rick. So, we've been discussing with the city and and for for several months, and then it seems that yesterday
a slight hiccup came up, but I think we can find a way around it, but I'll turn it to you, Rick. >> Sure. Um, what we learned yesterday is that the policy on waiverss at the convention center requires that the entity seeking the waiver be a 501c3.
Um, my Miami Biz Club is a notfor-profit. It just does not have a 501c3 status with the IRS. And if the body wishes, the body could wave the 501c3 requirement. Uh, we could look to
see later if there was a resolution that would need to be amended. Um, for these purposes, >> could we do a suspension of the rules to allow something like this? Well, what I'm proposing is in effect that it would be a waiver of that requirement.
>> It's not just they I think it's they're they're a nonprofit. They don't have the certificate yet. >> Um >> I can't speak to that. I will allow >> Yeah. No, we're not a 501c3, but uh we are nonprofit. >> My understanding is you're under under
Sunbiz when you you filed as a Florida entity. You're a nonprofit. >> Yep. But you did not or have not >> we have not applied for the >> 51c3 which is a which is a federal uh not for profofit status. >> Right. >> And I don't know if we're if this uh
distinction makes a difference but it's not if we're giving them money. We're waving fees uh for the convention center. >> And maybe you can explain to someone there's still significant fees that you're going to have to pay. This is a $33,000. Yeah, we're looking for like
around 80,000 uh for the event. >> So, you know, it will be over 110,000 with with this fee, with the rental fee. >> So, we still have a fee and and we're not looking to make any profit from this. Uh Miami Business Club will donate for charities as well if there's profit.
>> Those dynamics aside, thank you for what you do for the community. Truly, it's more than just the business club. It's a cultural institution as well, right? I know uh one of the reasons I got involved in the city is because as a young working professional or maybe young at the time when I got involved in
the city uh I didn't find a natural uh cultural home here >> and you provide that. I see it firsthand upwards as the mayor said to 200 250 people each time. So while we have our arts events or culture events and things
like that, you are a version of that uh for a very very large group of people that um it's great to get them actively involved in the community. I thank you for those efforts. >> Appreciate it. >> Yeah. No, thank you Stefan, thank you Natalia, your entire board. >> And so through the chair, if if
somebody's going to move the item, it should be moved with an amendment to include a waiver. >> I'll move it. >> Second >> with a waiver. So, I have a motion on R seven AC uh as amended, Commissioner uh Bot, seconded by Commissioner Fernandez, as amended
with a waiver. All in favor, please say I. >> I. >> Anyone opposed? Hearing none. R7AC is approved as amended. >> Looking forward to a great event. Um I I know you're expecting over 500 people. Miami Water Keepers, one of our really
outstanding uh organizations uh environmentally uh helping with the environment and looking forward to hearing about your uh second nonforprofit that you'll be a partner partnering with. And I know we just passed the item. May I ask I actually didn't appreciate that just the
convention center fees you'll be uh experiencing $80,000 from the convention center. Um, let me ask you, is there a rhyme or reason why we landed on 33,000? >> Um, yes. So, the 80,000 of quoting is basically food, beverage, uh, audio,
video, etc. >> And so, the the fee that's waved is the rental, >> the space to have the space. Yeah. >> Would you be uh friendly amendment to go to $50,000 fee waiverss for them? >> I stopped short of free.
any issues with that, Eric? >> I I'll be honest. I don't know what is FNB and how much of that is actual consumables. And so, you're again hitting me cold with waving fees that I
don't know what they're for. >> I would just say for the rental, the space is what we're looking for. Waving. >> Okay, >> that'd be good enough. That's easy because we got a quote. It was 32,000 I believe. >> Perfect. >> You know what it may make sense? Well,
let's let's pass what's today. I think then we can work together to see if there's uh abilities. This is this actually been an issue that I've been working on and Eric can attest that I've been working on for quite some time in general that we can try to bring in not forprofits or uh because often times we
have organizations that end up going outside of our city but they're Miami Beach based and it's it's kind of frustrating that you go to this beautiful charity event that has 7800 people and we could have had it in our convention center especially at night or on the weekends like you were talking
about when it's it's not in is there's nobody using uh there's no convention Saturday night. >> Okay. >> Excellent. Thanks for your leadership. >> Thanks and thanks for bringing that up and we'll we'll work together and try to see if there's something else we can do. All right. >> If you guys wave the Jack requirement
for the monthly events, I'll attend more. >> I'll be there regardless. Thank you. >> Just keep just keep inviting me. I'm happy to join. Let's call R seven. Did we take the vote? >> Yeah. >> Yeah.
>> Yes, we did. >> R7G. >> R7G is a public hearing, new lease agreement with LHNC, new daycare facility, 12:45. Good morning, Mr. Mayor, commissioners. Ozie Dominguez, division director of asset management for the city of Miami
Beach. This is a resolution accepting the March 4th FK recommendation approving a new lease between the city and Little Haven Activities Nutrition Center or Daycare at Southshore for a new 3500 ft² location that also consists
of 1,400 ft² of playground area at 1245 Michigan Avenue for 5 years with two two-year renewal options. >> I'll move the item >> second. I have a motion and a motion by Commissioner Fernandez, seconded by Commissioner Sard. It is a public hearing. I see no one on Zoom. No one in
the audience requesting to speak. Call the roll. Uh all in favor of R 7G, please say I. >> I. >> Anyone opposed? Hearing none. I'm going to mark the mayor as a yes until I hear otherwise.
>> Yes. Thank you. >> Okay. >> 7H >> R 7H City Commission Workshop Pilot Program >> Commissioner Magazine co-sponsored by Commissioner Matte Selenus. >> Yeah. Thank you, Mr. Mayor. And and
really this is about um finding ways to make our government more efficient and effective for the people. And I've attended every city commission meeting dating back 10 years. Don't tell my boss at the time. Uh but
I've always thought about ways to make our government work better for the people, right? And a lot of times in the city, I think we do things just because that's the way it's always been done. And I have my frustrations uh about you know how processes can work and things
like that. But one of the things that I really think that we miss and this process constrains and handcuffs us in some regards is the ability to think comprehensively. Uh what was very difficult for me to get adjusted to is
not being able to talk to my colleagues just freely about many issues. Uh, I think a lot of people don't understand that, but because of the sunshine laws, I don't get to just brainstorm. I can't say what's good with the city, what's bad. And when we just legislate each
month, and we all have these legislative items, and it's quite robust. It's when the people's business gets done, laws passed, ordinances, uh, priorities set. I don't feel as if we get to collectively just kind of brainstorm
enough and think comprehensively. So we do a lot of micromanaging but we lose the ability to just sit there and converse and discuss and brainstorm and where that is best served is at a macro
level right when we talk about a comprehensive plan for the city. So we'll go through a hundred items per month and while each of them have merit and importance and consequence, if you look at almost every single item that we've heard today, it's on a very micro
level, microcosms of small things that are happening in our city. But we don't discuss these comprehensive plans. And as well, our residents, they get two options to sit here and we hear from them. one
during sutnik hour where your time is somewhat limited and then another in these public discussions but again it is in a very formalized manner here's your two minutes let us know what you have to say and then the discussion concerns us
so a very formalized process what I am proposing is a pilot program it would almost be like a monthly sunshine meeting that we have no set agenda uh no set agenda here we could put agenda items comes on, but it's not
legislative. Nothing's going to be passed there. Uh, and this is just all kind of like uh work in progress. I'm happy for other ideas, but we all go to so many different meetings, different neighborhoods, different things like that. Um, but this would be comprehensively. It would be citywide.
Everybody, any neighbor is welcome to attend. I think we should host it whether it be in city hall right here or in large community discussion rooms. and we actually go to the community. Um, but really it would be adding another tool in our toolkit about how to conduct the
people's business, how to think comprehensively, how to think outside the box, how to make government more efficient, and for our government to better work for the people. Okay. Um, so I'll turn it over to some of my colleagues, but you know, essentially the thought is a pilot program, one evening, one time per month for a couple
of hours that we get together, it's in the sunshine, and that we can talk just in a more informal manner without specific legislative items, and we talk comprehensively. We think about how to make this city better, how to make it the best place in the world, how to make
our government work better for the people that we serve. >> Commissioner, I love this idea. through the mayor. Um Fernandez, >> love this idea. I think the best discussions, some of the best discussions that we've had um as
commissioners have not been on specific legislative action items on an agenda. It's been when we've been able to have a sunshine meeting and discuss and toss around ideas and share our our concerns.
I I think it's great. I I I think it's great. To your point, we have a lot of items on our agenda that address a lot of the issues, but we don't have many opportunities, if any opportunities whatsoever, to really discuss the
vision, the future, what do we want this city to be? Uh, and so, and so I fully support this. I fully encourage it. Um, it's it's funny because I didn't re I've forgotten that you had this item on the on the agenda, but you know, recently we
had an issue where we wanted to have a discussion um at the public safety and neighborhood quality of life committee meeting about an item that had not been referred but something important and and we weren't able to put the item on the
agenda because it wasn't referred. Um but but it was generally the same idea. You know, we wanted to get an update on something regarding one of our departments and being be be able just to have conversation, not take action, just be able to talk as colleagues. Uh because I think from that when we put
our collective experience and perspectives together, you know, we can come about with uh with with some great outcomes besides the individual peace meal legislations we all work on individually. And that's the challenge.
We all work individually, but few moments do we have the opportunity to come together to discuss things as one. >> Commissioner Mata Selenus. >> Yeah, I love this idea, which is why I co-sponsored. Um, I do feel like we miss
so many good topics about our city when we sit up here because we don't have time. we run out of time and and it's this is only once a month and there are things that come up in between that we need to discuss and we need to move
on it quickly and we don't have that opportunity. So I thought this legislation was to do this every other week twice a month or was it just once a month? >> I think once a month. Once >> yeah start with once a month I thought and perhaps uh uh we can discuss about
the best form it'll take and we could start after summer. I know with all the budget seasons and things like that, uh but perhaps we could target uh monthly uh once per month, um it doesn't have to be as long as the commission meetings. So maybe we could do it uh in the
evening like a 4 or 5:00 p.m. uh in the evening. I don't think all of city staff has to be there, right? If we know we're going to be discussing, you know what, how about the cleanliness of our streets, right? It's not a legislative item. we kind of get boxed in when we have to talk about things in just a
legislative fashion. So, this is more kind of open-ended. I don't want to suck up staff resources. So, I don't want staff to feel everybody needs to be there at all times. I I want to be efficient um in government. So, I'm thinking once a month, a couple hours in
an evening. Uh and it wouldn't be mandated, right? It it's just basically like an open sunshine session. And this is also a more effective way for people to come and talk to us. Not just two minutes standing in Sutnik, not have your two
minutes and go sit down. I'm thinking collaborative back and forth conversations amongst each other and with uh probably most importantly with the staff as well. Um, Commissioner, >> wait, I'm sorry I wasn't done because I just I just I I would like to see this
and again it will morph as we start this and see what kind of comes out of this but I would like to see us do you know maybe we talk about public transportation or maybe we talk about you know we have different topics affordable housing or whatever and we just focus on one particular topic
cleanliness of the city actually you you know or FIFA we it would have been nice to have one of these you know prior to FIFA to make sure we're on the same page. But I think this is a lovely idea and let's see where this goes. And I appreciate you bringing this up and I think this is very necessary. Thanks, >> Mr. Mayor.
>> I promise Commissioner Vice Mayor Dominguez and Commissioner Bot. I have a couple of questions and comments, but I'll wait. >> Thank you. Um I do think this is a good idea. Um maybe once a month might be too often because when I think about it, we are meeting for our monthly commission
meeting and then we have the commission committee meetings that we've got involved and whether we tell staff to attend or not, they're going to be there. So doing something that's after hours, it's um something cumbersome. And I know that with um dear friends that I
like when I make plans and we're like, "Yeah, let's meet once a month." month once a month becomes too too much and uh so just want to set the right expectation but I love the idea and I think it's important and um look forward
to participating >> you don't want to be >> no too much >> um >> the people I like >> I what are you saying my man like we're right here we can hear you >> PJ did you get that
>> we're right here Laura I love this idea. Um, you know, when I was president of MBU, when Monica was on MBU with me, we talked a lot about how to have these kind of open community meetings and talked about things holistically. I know when we've talked over the last two and a half years as
this commission has been in panled um or elected, whatever. Um, sometimes we try to get into holistic discussions and get pulled back because it's broader than the particular item and I think we're the poor for it. Um, I I um
I worry I I I would like to limit the staff's um obligation to attend because they actually have families and people they'd like to see more than twice a month. Um so maybe an idea might be to as as some of the colleagues have said like pick a
topic every month and we focus on that. So you know if it's transportation maybe a couple of people show up but not everybody show up. Um but I love this. I'd love to co-sponsor it with you and I think it's a great initiative. >> Or if we're Thank you, Commissioner. Uh perhaps if we're worried about uh staff
constraints, perhaps one month we could do it during the day and the next month we could center it more towards the evenings. Um or or we could start with bimonthly. I'm not very dogmatic about this. I just want to have an opportunity to just discuss more freely a lot of
things happening in the city. >> And the only other thing I wanted to add is no memos being prepared. like this is just a conversation on staff prep time >> and I would also say nothing is voted on or passed here because I think that really boxes as it >> I can make a couple of suggestions.
>> Do you want did you want to say something Nick? >> No, I was just going to make one comment on the on the question of memos. The code does require that that any item to be discussed even at a workshop be um printed in the agenda. Now, doesn't mean that a full memo has to be developed, but the items to be discussed at that
meeting would need to be in the agenda. >> Yeah. Right. But nothing of substance. Um my thoughts on this is one, first of all, the resolution as written. It says every other month. >> So, just that would be my preference uh to start out with and see see how it
goes. I would also like to put a two-hour cap on it. >> I I it's one of the reasons >> two hours that's it. >> I alone can talk for two hours. Well, >> that's exactly >> the point. >> By the way, it probably predates
everybody here, but when I was a baby commissioner about 6 years ago, we used to we used to have commission meetings till 11 12:00 and then the commission put on legislation that we had to end at 7:00 unless, as you know, which is incredible is we hear as many if not more items because everyone knows
there's a time clock running. So, I I think we need a clock, whatever that clock is. It's sort of like uh think about in a basketball game if you didn't have that 24-hour shot clock, teams would hold the ball for several minutes. >> Wait, I'm sorry. You just use a basketball analogy, not a baseball analogy. >> You know, baseball has no Well, now they
do have a 25th clock, so thank you. Yeah, >> if you soften to three hours, I'll provide pizza for the collective group for the first meeting >> and it's one of those things. So, no votes going to happen. It's just like a community meeting, right? A Wava meeting or something like that. So, if one of us
has to leave or not even attend, it's nothing that we can't catch up on. No critical votes going to happen. This is just kind of open-ended discussion type things. >> I I would also make the recommendation that there be there'd be limited uh staff may for example, in our budget
meeting, you literally have our entire directors of of the departments there. I understand that's but I think for this we don't want to be utilizing all our all our department heads to >> wholeheartedly agree. >> Yeah. >> Okay. So we're agreeing to every other
month >> two and a half hours >> three. Let's start with you got you got me on every other month. He I I I conceded every other month. Let's go, you know. >> All right. I won't push I might >> 4:30 to 7:30. >> I Yeah, let's do that. That's good.
>> Yeah. Yeah, it >> up to three. Yeah. >> Yeah. It at least it it crystallizes everyone to get their thoughts in. And um and are you envisioning uh specific topics? For example, do you want to have a meeting that discusses specifically
transportation? I wouldn't want to ring fence ourel. So one, I just want to start with the urban planning of our city and take it from there, right? See how it goes, what works, what doesn't, where can these changes be made. And I think those discussions are incredibly critical for
our city, but it doesn't fit in these nice boxes for legislation, right? I I don't have this. We need this for urban planning, but I do want to open-endedly discuss with our colleagues. >> Who's the moderator? The chair. >> I would say the mayor.
>> Do we need a moderator? I mean, >> no, but just somebody like if push comes to bring the >> if somebody goes for the last slice of pizza. Yeah, >> I would say this. Some of our best discussions have been in the sunshine
setting in the u in in the setting of a sunshine meeting um in the conference room when we're able to sit around the table when we're able to look at each other when we're able to have you know that discussion. Actually, it's how the
commission committees used to be. Um and uh and I think that that has been some of our best most robust discussions um is a lot of times you know uh and and they're open to the public and meeting
and minutes are are taken and um and it's all recorded. Um but there's a lot of times you see that the dialogue changes when you're sitting in chambers when you're separated from the public. you're sitting up here, the public is
down there and um and and a lot of times people change their tone and their conversation uh because they're on camera and they're and they're being recorded on on camera. I would suggest um you know that we consider that
>> the manager's conference room would be great. >> Large conference room. >> Plus, if you're sitting around a table, you're close enough to smack each other on the arm. Mhm. >> But I think also for the public, you know, when the public um and residents that have been here for for a long time,
um I've heard from from them that they felt that sometimes meetings were more approachable, were more welcoming when everyone, you know, was at the same level the way that the committee meetings used to be. And I think Ralph Ralph, you were here when back back then
at the and the commissioners were sitting around the table and you also had the residents around the room and everyone was at the at the same level. There was not a hierarchy and a separation of of the people and I think that that really fosters re welcoming uh
and engaging discussion. >> So I move the item. >> Second, do you guys have that recommendation? >> Yes, commissioner. Yeah, I'm not dogmatic about this. Yeah, of course. >> Okay. Every other month we'll start at >> 4:30 to 7:30 managers large conference room.
>> Limited staff. >> Limited staff. No memos other than we're having a meeting to talk about topic X. >> Not kosher pizza but not pepperoni. >> And I also had heard something about starting in the summer. I I >> we'll start in September.
>> September. Okay. Starting in September. So, this is going to be as amended because we need to a amend the the reszo that's there. So, I have a motion by Commissioner Bot, seconded by uh Commissioner Suarez, R7H as amended. All in favor, please say I. >> I. >> I. One opposed. Hearing none, the item
is approved as amended. 70 R sevenH. >> Uh, while we're on the topic, we'll call R5P. R5P is an or in order of mayor city commission of city beach amending chapter two of the code of the city of Miami Beach entitled administration by amending article two entitle city commission by amending section 2-14
entitled meeting procedures and agendas to modify the li to modify the limits on the number of referrals discussion items resolutions and ordinances for city commission meeting agenda and providing for repealer clarification servability of an effective date R5P is a first reading public hearing
commissioner Matteo Selenas Thank you, Mr. Mayor. Um, so at the risk of making seven enemies up here, um, I uh do believe that uh less is more. And this is I'm attempting to limit how many
items we all put on the agenda because the the more we have on here, the less we get done. Again, the more we have on here, the less we get done. And we see that month after month after month after month after month after year after year. And so I just want to emphasize
um quality over quantity. And listen, they're all very much needed items and I know a lot of them come from our residents, but I I just want, you know, we've been legislating like this since the 80s7s and I just want to look at maybe our internal practices and
policies to see how we can do things more efficiently and get more done. I know we want results. I we all want results. Um, and let's, you know, look at ourselves in the way we legislate and what we put on here and, you know, if we can maybe skip an item, withdraw an item
here or there. Um, and and listen, if if I don't get support and this it fails, I I'm not going to be mad at anybody. I'm not going to not vote on your item or anything. So, respectfully, I'm just trying to figure out a way that we can get more done. and and and I I think
that that's maybe we can achieve that if we just stop overwhelming ourselves and staff with all of our items. >> Mr. Mayor, >> thank you, >> Commissioner Suarez and Commissioner Bot. >> Thank you, Mr. Mayor. Commissioner
Matias, this is a much needed item. My opinion, I think it's a great idea. I think you hit it on the head. Less is more. I think that really puts the onus on us to prioritize what's best. I think we will get a lot more
done this way. Believe it or not, there's not going to be such an overwhelming, you know, we got this much of items every needing. I think if we can cut it down to this, we can probably get everything done every meeting. So,
I'm I'm fully in support. I I think this is this is good effective government which just what we expanded on the law on the last meeting or sorry the last item. Um and I I I fully support you >> commissioner bot.
>> I love this item. I um I actually had an item that I just withdrew I don't know two months ago or something um that Commissioner Magazine was a co-sponsor on with me about doing exactly this. I gave up on it. Sorry mayor because it never got called. Um but um I think it
just got lost in the shuffle. But I I'm fully fully supportive of this. You know, we all work different in a different way. Um and we all bring our strengths to to bear. My way of working is generally to try and get people in a room together administratively to try
and get things done and only once it has gotten to the point where we need commission legislative policy approval. Um then I bring it to commission generally. That's how I like to operate. And I think um I think that's probably better for everybody for all the reasons stated. And so I'm fully supportive of this and um
>> is he here today? >> Uh you know I wish we' done this couple couple years ago but better late than ever. So go Monica. >> Mr. Mayor, Commissioner Fernandez. >> Thank you Mr. Mayor. I think I think it's great. I've always supported uh policies that that set standards and
that kind of you know adapt the practices of the commission to the needs of of the time and I and I think there's uh this is this is prudent for the moment. Um I do see that that the policy
would be able to be waved by a 57th vote. Yes, >> that's correct. >> All right. Um, >> what's your thinking? >> I mean, if we're going to pass the policy, if we're if we're giving ourselves an out from the policy, you
know, we're going to, it's, you know, I just would say if we're doing the policy and this is where we're going, okay, let's commit ourselves to it. Let's not give ourselves a way around the policy. we really are committed to this. Let's
commit let's commit ourselves to it so that then we can really work to make our agenda more efficient. Otherwise, you know, it's easy it's it's easy to get that 57th vote because we're we're going to be courteous of each other. It's it's
it's a professional courtesy to each other. We understand at times, you know, someone may have four referrals, but they might need to put six referrals to to to a committee and we're not going to get on each in each other's way. Uh, and
so we in essence are baking in there what's going to make this policy ineffective by putting a 57th vote. And so I would just suggest let's remove that 57th and try to implement your policy uh of
no more than four referrals to commission committee on a regular agenda. >> I'm fine with that. >> Second magazine. >> Yeah, thank you for the miss uh for this commissioner Mit Selenus. I
wholeheartedly agree with you. very much supportive. And it's not just about us doing less is more, but it's also a lot of if not all the legislation that we do is
for staff, right? So, we have the ideas, they're the ones carrying out the execution. So, I think we've gotten to a point where less is more, not only for us, where we can actually concentrate on on better things, but for the ability
for our staff to be able to execute. One of my favorite quotes, I'm just uh paraphrasing it now. Uh because I have a transcript in front of me. It was Jeff Bezos, uh one of his mentors uh at Amazon came and said, "Jeff, you have enough
great ideas to destroy Amazon." And he laughed. He said, "What do you mean?" He goes, "You have to release your great ideas at the right rate." Right? And I think that's something that we have to come up with because we have this monthly deadline of okay, here's our
agenda. Let's get these items on and we're not giving adequate time for these ideas to turn into execution. And that's how you get that operational efficiency. So, we have enough great ideas, maybe not to destroy Miami Beach, but to not
allow it these ideas to actually get executed to improve our city to the degree I think that it can. So, I think limiting some of that not only helps us, but is going to help our staff operate and execute more efficiently as well. >> That's uh I I like that. I like that
quote. You've now quoted Jeff Bezos twice today, though. Once doing it one more time. >> No, I think you hit your quota. No, no. I already have it lined up for the 5:00 PM rate discussion, so give me a little leeway. >> All right, Commissioner Dominguez, Vice Mayor Dominguez,
>> thank you. Uh, so I uh like this item as well. Um, but I'm hesitant about taking away uh being able to vote 57 because it's not like this item trims it. It cuts it in half and that's pretty significant. And we're a city that has
many things, many moving parts. It's fast-paced. Things could come up that are important and then now you have to wait until the following month. So, I think we should keep the 57th or increase it by a little bit because
it is a a severe cut. It's a big slash. >> Could it be like currency? Can I sell some of my items to Alex? >> I think it work the other way around. >> A TDR. >> The TDR. I I mean if if I could just
respond to that. Um, I think I think um, number one, it's going to force us to be more selective about the items that we place on the agenda. And I think also number two, if we also stick to the
rules that we already have in place, uh, the reg the resolutions that we've already adopted as to the amount of time that we all get to speak and and that type of stuff, we would be able to get through all of our items. and we've already passed safeguards on that. Um,
and so, and so I would just say if we really are putting out there that we're going to be limiting ourselves to no more than four resolutions per agenda, no more than two ordinances per agenda,
and no more and no more than four referrals per agenda. Um, then I think we have to commit ourselves to that. Does that mean so if something goes to the planning board, let's say you introduced a referral of legislation
that goes to the planning board uh and now that comes back um is that new business that counts against your your uh two ordinances? >> No. No, that would not be >> so this is new >> placing an item on the agenda.
>> So this is this is new policy that uh that's that's coming forward. Uh, how about resolutions? Um, because I see there's a distinction in the in the in in the legislation that says it's a
limit on the number of new ordinances per meeting. But then when you look at discussion items and resolutions, you have a limit of four. But it doesn't distinguish between new or items that weren't reached or resolutions uh that
are coming out from committee as recommendations. And so as written right now, how do you interpret that? >> Sure. So the language is no more than four may be placed on an agenda. So if an item is coming back from committee,
you are not placing it on the agenda. It's coming back with a recommendation from the committee. So maybe it should be clarified that no more >> we can work on the language to clarify that >> four uh new discussion items and new resolutions >> we can do that >> so that so that so that that's clear and
previously I had mentioned that um that the um uh that the resolution uh under section D6 mentioned the waiver by a 57th vote. I
would just extend it to the uh removing it from the discussions and resolutions and ordinances so that we really then abide by the intent of what of what we're trying to reform here to our agenda practices if that's fine with the sponsor.
Well, I hear that I'd like to hear from everyone else because it sounds like Commissioner Fernandez, you're okay with removing the the 57th of a vote, but then Commissioner Dominguez, you're not. And so, and I'm okay either way. I had written this so that there would be 57th of a vote waiver because if there is
some type of emergency item or emergency that we need to hear, um, then it could be waved. But I see both of your perspectives. So, I'm curious to hear what other colleagues say on that. I I through the mayor I tend tend to agree with the um keeping the 57ths in case of
an emergency item, but it shouldn't be for a regular business item like oh this just came up late. Um it if it's something that's timely and you know that everyone agrees is something of import that we should discuss then then I think we should have an option to um
to hear it. >> Sure. And so are we keeping it or we removing it? What's What are you What are you accepting? >> Sounds like we're we have the support to keep the 57 vote. >> Yeah, for right. >> Excuse me, Mr. Mayor. >> Um I I'd like to keep it. And I will say
this is first reading. So when it comes back for second reading, we can a you know think about this, see how we feel about the 57ths and and discuss it again then for second reading. But also, it will be our first well, let's try to have a test run to see if if we feel
comfortable with these if it's too slashed in terms of the items or we want to adjust it a little bit. I guess some of this is what we can think about when it comes back for second reading if we decide to practice this already just to see how it feels to get a little test
run, I guess you could say. But I think right now we should keep in the 57th of a vote until second reading. >> Call the vote. So, I have a motion by Commissioner Mattel Selenino, seconded by Commissioner Suarez. As is, it is a public hearing. I see no one on Zoom, no one in the audience requesting to speak.
Uh, Commissioner Suarez. >> Commissioner Fernandez, >> yes. >> I'll get him. Commissioner Sars, >> yes. >> Commissioner Bach, >> yes. >> Commissioner Magazine, >> yes. >> Commissioner Matt Selenas, >> yes. >> Vice Mayor Dominguez,
>> yes. >> Mayor Miner, >> yes. Motion carries. Second reading, public hearing schedule for June 24th. That was item R5P. >> R5V. R5V is an ordinance of the mayor and city commission of the city of Miami Beach, Florida, amending chapter 82 of the code of the city of Miami Beach,
Florida entitled public property by amending article three entitled use of public property by amending division one entitled generally by amending section 82-72 thereof entitled commercial vessel activity hours of operation at publicly owned marinas by amending and refining eligibility criteria for commercial
vessels activity at public marinas and public marine facilities and providing for repeal serverability clarification and effective date. This is a first reading public hearing. is item R5V. Commissioner Doming, Vice Mayor Dominguez. >> Uh, thank you. So, currently, um, yacht
operators have a BTR and then a number of boats under that one BTR. What this item does, if there is a violation that is not public safety or quality of life related, the city manager has the
ability to allow them to continue operating. the way the ordinance is written as is currently um any violation from any of the one boat would uh prevent them from operating. So, this
just uh gives them makes it a little fairer because with 15 boats, 20 boats under a BTR, everyone's trying to make sure that compliance is done, but provided that there's a oneoff that's not public safety or quality of life related, um they'll still be able to
operate. And with that, I'll move the item. >> Second. >> Just um >> it is a public hearing. I see no one in Zoom and I see no one in the audience. If there's no discussion, may I call me? >> Yeah, >> I just got a couple questions.
>> Attorney, but go ahead and I'll Commissioner Suarez. >> So, c can we just clarify exactly what this does because So, you're saying if there is a boat owner who has 15 boats and one BTR or is it 15 BTRs?
>> One one BTR. >> Is that common? Uh I don't not 15 not necessarily no but multiple votes on a single BTR. Yes. >> So so can you just go over the background again from the legal perspective
>> as to how we got here? >> No. What is what what exactly does this ordinance do? >> Okay. So, previously the city commission rolled back the su the cessation of commercial vessel activity at public marinas and public marine facilities from 9:00 p.m. to 7:00 p.m. >> And you all also established an
application and exemption process whereby a commercial operator who has no prior violations in the previous two years and has been conducting business in the city of Miami Beach for at least 2 years would be eligible to apply for an exemption to continue activity until
9:00 p.m. each evening instead of having to stopping at 7:00 subject to the city manager or his design, you know, sole discretion and approval. Uh, and that would allow them to do so. The commissioner's ordinance is is the same thing, but it slightly expands the criteria and it allows an operator with
one instead of no one violation in the past two years. Again, they have to have been operating previously at least two years continuously in the city to even apply for this exemption. but to allow them to ply apply again subject to the city manager's discretion as to whether or not he wants to grant them the
exemption to continue till 9:00 or they have he denies it they have to stop at 7 and as the commissioner said he'd look at such factors as the nature of the violation and whether it affected public safety or residents quality of life and I would assume if it's one of those type things he may be more inclined potentially to to decline it and say
listen you got to stop at 7 p.m. And if it doesn't involve something that like that, it's more ministerial or administrative what their violation is, he could grant it and allow them to continue operating till till 9:00 p.m. If they were to pick up a new violation, so if an operator has the one, if this if you all adopt this and they have the
one violation, they apply for it. City manager grants it because it's administrative or ministerial the one violation. If they were to get a new violation, they'd be automatically revoked unless and until the issuing authority dismissed the citations or violations or they prevailed at final
appeal. So again, if because you spoke pretty fast, Mark, but >> um >> you guys if they >> I love that about you. Actually, >> I'm trying. I hear you got a lot of information here. I hear it. >> So we're we're basically saying if they already have a violation, they can still apply.
>> If they have a violation, they could still apply. It would be subject to the city manager's complete and absolute discretion. He'd look at again the nature of the violation. Did it involve public safety? Did it affect residents quality of life? and he'd make a determination, but allow them the opportunity. >> Right now, if you have any violations within 2 years, you cannot operate till
9:00. >> Say that one more time. I'm sorry. >> Right now, if you have any violations in the past 2 years, you cannot operate till 9:00. Nobody operates till 9:00. Everybody stops at 7:00. If you have no violations in the past 2 years and you submit an application and the city manager approves it, then you can go
till 9:00. Yes. This would allow someone with one previous violation, presumably a ministerial or administrative violation, to go till 9 if they apply and the city manager approves it. >> What is an administrative violation? >> It would be something that's not like substantive where it's not a noise
violation where there's not like a huge conglomerate of fist fights and you know uh indecent exposures or something like that where it's just something they didn't pay a pay a BTR thing some something ministerial. >> Yeah. Just I just want to be careful. Is
that administated the curfew? >> Okay. >> Does that qualify? >> Yeah, anything would qualify for the city manager's review. And again, he's going to look at it and make a decision because they could violate the curfew of the 9:00 curfew and come in at 9:03 with six and they're quiet and there's no
>> meaning let's say they violated the curfew within the last few years. >> Does this prohibit them from applying or no? If they violated the curfew last year and that violation was upheld or they failed to appeal it, they could not even apply. They would have to cease
activity at 7 p.m. for at least two years from the date of that violation. Right now, they're out cold. This would give them an opportunity to at least apply for the 9 p.m. subject to the city manager's approval. >> And so this basically says if you had an administrative issue like you forgot to
pay your BTR, then then you can Okay. >> Yeah. And and it and it doesn't it says listen it says you can apply if you have one violation irrespective of what it is but it provides uh factors for the city manager to look at as to whether or not he should let them give them the exemption and let them go to line or say
or deny it and keep them at seven based upon again the nature of the violation. Did the violation involve public safety or did it >> again? So, we're allowing the operators to open business or uh finish their business at 9:00 9:00
p.m. at public marinas. >> If they apply for this exemption and they're granted the exemption, yes, they could continue activity till 9:00. It would not have to cease at 7:00 p.m. That's correct. >> And the only p public marina is Miami Beach Marina. Correct. >> I >> in Miami Beach. >> Think so, but I wouldn't swear to it. Is
>> Okay. has I I don't know if through the sponsor has sofa we wait on on this because I don't know I I don't know if they're going to be okay with opening the door to 900 p.m. >> I know I I believe one member uh uh
Keith Marks is is on the phone but let me comment >> if I may >> yeah I'm I'm I'm concerned about this. I'll tell you why. Well, one I I was the sponsor of the a couple of the items that limited the the charter. >> You and I both and and then Commissioner
Suarez as well. So, just quick history, four or five years ago, we had a problem. There was no limitations. There was no it could be 24/7 major problems, constant complaints from the south of Fifth residents. So, we put in the we
put in the 9:00 uh PM. It worked fantastic then for several years. And then again, the problem started. So then we put on legislation that I believe you and I put on, Commissioner Suarez to put it on till 7. I guess some of the
operators uh were concerned about that, worked together with us and the South of Fifth Neighborhood Association and said, you know what, if you don't have any issues, we'll keep the 9:00, but only if you don't have those issues for two years. So now we're potentially looking
to make an exception. And you know, I don't have a crystal ball and I and and I appreciate the item, Comm Vice Mayor, but I am concerned that we had so many problems. We've finally corrected it and whether we now open it up. The second reason I don't like it. This kind of
reminds me, this is going back again four or five years ago on a separate issue. I remember we used to have all these we'd have these situations with uh where we had uh certain noise violations that were in the discretion of the city manager and what would happen is the operator would
potentially have a violation and then they would call all of us and then some some of us wasn't me but some of us not this body it was a different body would call the city manager and then lean on the city manager to sort of overlook it. Uh and it became a whole issue and we had to craft legislation around it.
There's there was lawsuits surrounding this and and it's not personal to the city manager. I just don't want to put the city manager in that position because it puts tremendous pressure on him, not just from the operators, but from us. Um, and I'd rather just have a clean legislation where we don't get involved with having to make these
discretionary determinations. >> Um, if I could uh give some more context. So, a lot of times when we bring things forward, it's because something happened. We take a look at it and um make the decision to see if we can make revisions to make it better.
That's exactly what happened here. So, you've got a boat charter operator who has a BTR and a number of boats underneath uh that one BTR because that's uh how they're operating. Um
the boat came back by 9:00. Everyone was off with the exception of the owners of the boat and they got off at like 9:04. So now because of that, it's not just that one boat that gets in trouble. All of the boats under that BTR would not be able to operate. And that sounds unfair
for something that was an innocent mistake by the owners of the boat thinking that they could stay on longer, not realizing um that they couldn't. Um, and so that's why when developing this legislation,
uh, Mark Fishman said, uh, or looked into it can't be public safety related. It can't be, uh, quality of life. Um, I hear >> so, that's where that happened because now a good operator that's been working with us for 20 years. I also spoke to
SNA about this and, uh, John Caprio and some of the others were very much in support. I also reached out to MBU and Robert Celum uh said that he was in support of it as well. So, I didn't just put something on. I did my due diligence
and I think it's it's a good item. Um and it's fair because how can you expect a company with 15 votes because they were late four minutes now it it none of the boats can do it with a 20-year positive track record. >> I appreciate that background. Thank you.
Are you f I see Hernand stepped up. Uh did you are you familiar with this case? >> Uh yeah, but I just I wanted to share Hern and Cardino for code compliance. I just wanted to share the universe is very limited at the moment for which operators would be able to come back now
and make application. Of 31 applications that we've had for the exemption on the hours, 25 have been approved. Six have been denied for one violation. And the breakout of those violations are unpermitted hours of operation three,
charter advertising two, and failure to display the required BTR decal one. >> Well, where does where does this one fall in that the vice mayor just described? One was for hours hours hours of operation because the ordinance says the boat's
supposed to be dark and all activity supposed to cease by 900 p.m. not just pulling up to the dock and beginning your unloading process. >> Mr. Mayor, I think we have the commission. >> I think we have Keith Marks on the phone. I don't know if you want to open up the public comment because I I'd like to hear what so it is a public hearing.
I'm going to call Keith Marks. Go ahead, sir. Unmute yourself. Hi, this is Keith Marks, Sofna, 50 South Point Drive. Uh, yeah, I Laura, I do know that uh, John and you guys talked
about it. My concern is not I think it just needs a little refinement in my opinion and again the whole board hasn't discussed this but I'm concerned like the mayor said with um city manager
discretion. I think we if we could define administrative if if taxes and and code could define an administrative error on one boat out of multiple versus someone who comes in late because that
one of the problems that we had and the reason we did it is because they there are operators who had been ignoring uh the 7 p.m. or in the past the 9:00 p.m.
and we said no more. So I I would be okay if we could define an administrative error versus and if you wanted to call turning a boat dark administrative but if code could determine it and keep it away from the
city manager because I know what's going to happen. the boat owners are going to go to Eric or Mark Taxis and they're going to start, you know, uh, politicking to get their exception and that things are working very well at the
marina. It this change won't be a big issue if you just change it to administrative. But if if we have to determine what is quality of life, my god, that's, you know, >> I think we have a definition of what quality of life is. and Keith, this is
um the first reading of the item. Happy to meet with you the way I did with John and um Robert and some of the others to make sure that uh you're comfortable with >> Yes, I'm fine at first reading. I just think if we if we're happy with what the
exceptions are to the point where the manager doesn't have to get involved, that would be really uh ideal where uh Ernon and Code could actually, you know, clarify this is administrative versus non-administrative.
>> Thanks. >> Okay. Thanks. >> Thank you, Keith. And Eric, I have a feeling you don't mind not having that responsibility. I >> I'll be honest. I'm fine either way. Um, I think this is a limited enough group that I think it's pretty easy to call balls and strikes. >> Mr. Mayor,
>> how many do we think we're talking about? And >> well, he said there was there have been six that have been out of how many potential? >> 31. >> Okay. >> Commissioner Suarez, >> I get but I don't want to lose sight of the intent of this item and and the
sponsor can correct me, but this is to move it from 7 to 9 for certain operators. Correct. >> Okay. Yeah. Because look, I >> No, Mark Mark is saying no. Has nothing to do with that. >> No, you you all have already you all rolled it back from 9:00 p.m. to 7:00 p.m. You all created an application
exemption process to get back to 9:00 p.m. If an operator has no violations, what this is doing is it's allowing some additional operators who only have one violation in the past two years and have been operating in the city for at least two consecutive years the opportunity to apply and get granted the exemption. So
they can also >> because they because they have multiple boats under the same BTR >> irrespective of how many votes just one violation >> but but the but the the reason this ordinance was brought up was because of the unfair situation of that boat owner who got beyond four minutes I believe.
>> Yeah. >> That was just one of many boats he owned. >> That that's correct. But again there were 31 total applications and and six have been denied. This was one of them. There's others who may have only had one vessel. So irrespective of the number of votes you have on your BTR would allow the operator to apply for this exemption
>> to apply. So they don't automatically get the exception. >> But something as minor as like if you have your BTR displayed in the wrong place or it's in your other on another boat or something like something so minor that's not and you're an otherwise good operator.
>> My my only issue is that you got to and I'm look I I feel for some of the operators there because I'm there all the time. I have my boat there. I know Meisner's Dream is a great operator. Um, and I think they got hit hard because of the, you know, some of the ordinances,
but at the end of the day, you know, the community there, they they wanted some relief from these bad operators. And I'm okay sort of I'm okay with opening it up to possibly only good operators, but I think we need
to draw the line, right? They were late 4 minutes off the boat. At at what point do we say like that is a quality of life issue. So maybe they were late an hour and when they got off it was making a bunch of noise and that that's a quality
of life issue. So you know where do we draw the line of what is acceptable, what's not. So it may be four minutes this time but maybe next time it's an hour. I guess that's up to the city manager's discretion. >> That's how it is now. That's how it's written now. >> Yep. But
>> magazine, >> I keep going back and forth. Are we talking I get is this a comprehensive issue or is it an issue that just presented itself really for one operator? >> No, Commission. Six Six operators.
>> But those other ones, was it the same? Oh, man. They they were only late for five minutes or is it across the board like a >> different they each got cited for some different vi one violation per operator but each of the six got cited for particular violations. Hernand could probably tell you what each of the six
violations were but some were clearly just administrative as well. >> Right. So those six the breakdown again is the unpermitted hours of operation were three violations >> three operations I should say. Were they four minutes or were they four hours?
You know, this was after the ordinances were passed and it was zero tolerance and this was the Miami Beach Marina Blitz. So, it didn't matter if it was 4 minutes or 40 minutes. If you were not dark by 9:00 p.m., then that was a problem for us. Uh, charter advertising
without the required information, two operators, and then failure to display the required BTR decal, one violator. >> Okay. So, at least five of the six are somewhat I don't want to say trivial, but uh
not not indicative of truly awful bad operators. >> Yeah. The only thing, Commissioner, I'd like to add to that is that um because we had a problem, we we actually we went in and we went we weren't hard. It was zero tolerance if you were a minute >> and we appreciate that. And we wanted to
get everybody's attention and send the message that we weren't playing and that if you didn't comply and you broke the rules, >> I think we still send that message, right? I don't want to get into, okay, you know what, it's actually 7:45 and 7:45 turns into uh 8:00, you know, I I
don't want to start going down that. >> But this on this one though, we had an operator that was back in 15 minutes before 9 and then a couple of the people just weren't off. I think the owner and some went off the boat. That was
>> Is there not a way to just kind of help this person out and not pass sweeping legislation? >> Well, we can we would still I think we could still be very um we could be very serious and and send the message if if
someone breaks the rules, we're not going to move forward. This is a look back and the only way to be able to do it is that they did get a violation. So, there's a violation there. So, they're not in compliance. There's no way to help out that single situation other than passing broader sweeping
legislation. >> Not not really. I mean, you all you all did pass the legislation saying no violations in the past two years and they, as Mark said, they have a violation. So, I don't think either Mark or Eric did the city manager now can can
take that discretion. >> Yeah. If if you guys gave it to him and adopted this in two readings. Yeah. But right now it says zero violations. >> Right now it's not. >> That's right. That's right. >> Okay. This first reading. Hold the vote. >> Yes. >> Have a motion by Commissioner Dominguez,
seconded by Commissioner Fernandez. >> Uh Commissioner Magazine. It is a public hearing by the way. No one on Zoom, no one in the audience. >> Uh yes. Though I I I want to see uh be sure that you know the neighborhood association um and other stakeholders are aligned with I know the sponsors
working very closely. So, as long as that continues and everybody's uh generally in support, uh I'll continue at second reading. But yes, for first reading >> and and I just want to make sure Keith said that he was okay with this >> with first reasoning and I'm going to meet with him in between the two. >> All right. So, Commissioner Magazine was
yes. Vice Mayor Dominguez, >> yes. >> Commissioner Fernandez, >> yes. >> Commissioner Suarez, >> yes. >> Commissioner Mattel Selenas, >> yes. >> Commissioner Bach, >> yes. >> Mayor Miner, >> yes. >> Motion carries. Second reading, public hearing is June 24th. That was R5V.
R5 AI R5 AI is an orange to the mayor city commission beach Florida amending the VM beach resiliency code by amending chapter 7 entitled zoning district regulations article 2 entitled district regulations section 7.2.16 entitled GU government use district section 7.2.16.3
2.16.3 thereof entitled development regulations GU by modifying the development regulations to clarify setback requirements and providing for codification repeal servability and effective date. This is a first reading public hearing. It is item R5 AI >> and we can call the companion item R5
AJ. >> R5 AJ is an ordinance of the mayor city commission of city of Miami Beach, Florida amending the future land use map of the 2040 Miami Beach comprehensive plan pursuant to section 2.4.1 4.1 of the Miami Beach Resiliency Code in pursuant to section 163.3181 section 1
section 163.3184 and section 163.3187 Florida statutes by changing the future land use designation for a parcel of land located at one ocean drive Miami Beach from the current designation of recreation and open space including waterways ROS to public facility governmental uses PF and
provided for inclusion in the comprehensive plan transmitt repealer servability and effective date that's R5 AJ that it's a public hearing. >> It's not. >> Commissioner Fernandez. >> Thank you, Mr. Mayor. We often hear of
applicants wanting to reduce setbacks. Uh this item is about increasing setbacks. Uh in in some areas uh south of Sixth Street, zoning rules require uh the buildings to stay within both a
minimum setback and a maximum setback. And this ordinance removes the maximum setback requirement for for GU zoned properties. Uh and the change is intended to give the city more more flexibility when redeveloping uh public
properties. Uh and this went to the planning board and it received unanimous approval and I move the item. >> Second call up. >> There is a public hearing. Uh no one on Zoom, no one in the audience. Uh, I'm going to call the role the role under
AI. AI requires 57's vote. Commissioner Magazine, >> I I apologize. We're speaking with uh the deputy uh chief of staff. Can we just surmise that in 15 or 20 seconds? Apologies, commissioner. >> The main purpose is to clarify and
change the setback requirements for governmentowned properties. >> Yep. Yeah. >> To increase. >> No, to >> decrease >> to actually give more flexibility. >> Correct. >> Yeah. Thank you, Commissioner. Yep. All good. >> So, Commissioner Magazine is a yes. Vice Mayor Dominguez,
>> yes. >> Commissioner Fernandez, >> yes. >> Commissioner Bot, >> yes. >> Commissioner Suarez, >> yes. >> Commissioner Matelenz, >> yes. >> Mayor Miner, >> yes. >> Motion carries. The item is approved. 70. >> Second reading. Second reading. Public hearing for both items. R5 AI. R5 AJ
will be June 24th. R9 R9E. R9E is DRB appeal number 25-11045 685 filed by Mr. Gundai. >> Welcome aboard, Nick.
>> Thank you, mayor. >> Thank you, Mayor. >> Take us away. This um this appeal was first heard by the city commission at its meeting on April 22nd. You heard oral argument from all of the parties. Um after a lengthy discussion, the city
commission deferred the item to today's meeting to give the uh the petitioner the opportunity to work out his dispute with the respondent, the Loris country club. Um the because we've we've heard all or oral argument of the parties, the
item is properly before you today for a vote. Um I would just remind the city commission that to reverse, modify or remand the decision of the DRB, a 57s vote is required, but otherwise the the
decision of the board would be would be upheld. >> Say that again. So to reverse, modify or remand the decision to the DRB, a an affirmative 57's vote is required. Otherwise, the DRB's decision would be
upheld. And anyone agreved by the city commission's decision today could take a subsequent appeal to circuit court. >> What would require 47's vote >> to affirm? >> And what if there is no what if there's no motion to affirm?
Well, my recommendation to the city commission would be that you take a vote either way to allow, you know, to allow this this uh this this dispute to be to be further litigated. Um, but is your is your question if there is no motion to
affirm, but there is a motion to reverse and that fails? >> Correct. Well, since you need an affirmative five votes to reverse, if a motion to reverse is made and seconded and that motion fails,
the result is that the DRB's decision was upheld. And would there be any sort of motion to require a 47s vote to there's not there's no motion for a 47s vote that could be used to
because I I don't think you have from what I remember I don't think there's five votes up here to to reverse but I do think that there is four votes to not agree to this
um the decision of the DRB, but I guess we could just find out. So, what is our best course of action? >> Well, I guess um since you know you've already heard oral argument, the parties
had a chance to meet. My understanding is that no settlement was reached. >> Are they allowed are they allowed to speak? Well, so it's so the the on an appeal the the city commission cannot take new evidence. Um if you wanted to hear an update from the parties, um I
won't object to that. But again, today should be based on the record before the DRB and um and I think my my advice to the city commission would be to to to dispose of this appeal one way or the other.
>> I see one update. the mustache. >> Yes. >> Where's the mayor? >> And just consistent with what we did at at the first time this was heard, I would ask anyone who is going to speak to raise your right hand. And do you swear or affirm that any testimony you'll give in this proceeding is the
truth. All truth and nothing but the truth. >> I do. >> Thank you. >> I do. >> So, we can't hear any new not evidence but testimony at this was continued. Are we are we still technically
can we take their I guess testimony and weigh that? >> No. Um any any testimony would be new evidence. So I mean if you want if you want to hear anything from the parties today I would I would say uh it should be limited to an update on their
discussions. But other than that I would recommend the the city commission >> through the vice mayor. Vice Mayor Dominguez. Yes. >> Would you be willing to let them hear them out? >> And and again, my my advice would be >> to give an update, Mr. Madam, >> just on the narrow issue, Madame Vice
Mayor, of of any update since the since the last city commission hearing on on uh on April 22nd. >> Right. The last time that we met, they were supposed to talk amongst themselves and potentially come up with an agreement. It sounds like none of that happened. >> Correct. >> So, what we're voting on today is
simply, did the DRB do their job? >> Correct. So, so again to reverse modify a remand a 57th vote is required and that vote would have to be based on either a failure of the board to provide procedural due process, a failure to
observe the essential requirements of the law or uh or or that the DRB's decision was not supported by competent substantial evidence. >> If the city commission does not make any of those three findings, then the decision of the DRB must be upheld. >> Okay. And if a commissioner needs a
refresher or reminder, is that what you're asking for, >> commission? Commissioner, >> I I'm they're willing to give an update to the >> Right. But we should probably get an update. >> Yeah, I'm prepared to start if that if that will get us off the dime. Is that okay, Madam Vice Mayor?
>> For me to start. Uh Graeme Penn, 200 South Piscane Boulevard, uh here on behalf of the Gors Country Club. I just wanted to introduce we we have Peter Hawkfelder, our president, is here with us today. Scott Robbins, uh, also from the club, and of course my partner, Michael Larkin. Uh, as we conclusively
demonstrated along with Mr. Alexander of the city attorney's office last month, this appeal has no merit whatsoever. However, we did take the commission's directive and reach out to Mr. Gund and his council to discuss potential
resolution of his concerns. Uh, the week after the meeting, we we reached out via email to Mr. Brooks, who's Mr. Gundai's attorney to set a meeting. Uh we ultimately had that meeting. Now that meeting was not incredibly successful, but subsequent to that we provided Mr.
Gundai with a letter and and after that a set of proposed conditions that if he withdrew his appeal, we would agree to profer to the commission. Those conditions included significant sub substantive revisions to the plans
related to the power courts as well as operational changes. The response we received from Mr. Gundy today was a recitation again of the his claims that the use itself was somehow illegal which again as we discussed at length last
time is not within the purview of the DRB nor the purview of this commission in reviewing that appeal. the the consistency of our our use of the paddle courts with with the uh with the code is within the realm of the planning director who made the determination
before this application went to the DRB that it was consistent. So I I I'm going to re reiterate again, we reached out, we worked very hard and spent a consultant time and money to try arrive at very elaborate conditions that we
would propose to reduce the impact on Mr. Gundday which he has rejected. So at this point we would ask you to appeal today. Thank you and I can provide any additional information if you're interested. >> Mr. Gund, please.
>> Yes. Um so unfortunately uh I have been reaching out to the golf club for the past uh 6 months uh trying to schedule a meeting and um uh they denied every single opportunity that we could have uh to speak. Uh I sent proposals to uh
change the location of these. Uh I said maybe you need to shift them towards the parking area and maybe you can even build a parking structure and put these next to them or above them the paddle courts. Uh because uh next to my home uh I would have no view. I would have no
life if you put the u paddle courts uh right next to my house. I have a beautiful view right now. It's all open. It's green. Uh and it's going to be like a wall. It's a 10ft wall that they're trying to put. And then also, uh, they want to put paddle courts. They're going to have these big lights. Uh,
unfortunately, um, you know, those lights are really strong. Uh, and you can't really live next to them. So, we I I like to ask uh everybody here to not approve uh this uh planning board decision and reverse it. Um, because if
we continue like this, you could also start building other things on the golf course. And if you look at the view, I I wanted to give you the picture uh of what my um view currently looks like. My house is right here. The red dome, the red uh roof. Uh it's all open. Uh and
the setback rules say uh by based on Miami Dade code, it has to be um based on Miami date code 3320. It has to be 75 ft. Any structure that you build and paddle courts are structures. They're not just a a court like a tennis court.
Um the and that's that's why I actually presented that during the Sutnik hour the last time. If you also look back historically um uh there's a covenant uh on the um deeds and also on the um surveys and here you can see it says
unsubdivided land and development area. Uh why would they have put that on the survey uh back in 1920s uh if this was not to be uh you know abided by? Thank you. >> For the record, I have to object again
to Mr. Gundy's intro attempt to introduce new evidence in this proceeding. As Mr. >> This is what you submitted. >> As Mr. Collis indicated, this is not a hearing where you take evidence, right? The evidence that was presented in this case was in front of the DRB. Any additional evidence
handed out today is irrelevant and cannot be considered. >> This is from your filing. >> I just printed it so they have photographs and Mr. mayor because the the commission's decision has to be made based on the record before the DRB nothing new can be >> introduced through the mayor. I just
have a quick question. So there's three op we well if we wanted to make a motion to send it back to DRB what are would it be send it back to DRB would it be to perverse meaning can we make a motion to send it back to DRB for a re-review?
>> So that would be a a motion to remand. Um, a motion to remand requires a 57s vote and the city commission could remand on a on a specific >> and let's say it goes back to DRB and
it has another I guess shot at at being heard. Um maybe there's new evidence that gets provided and um and if it gets approved again, does it come back to us or and if it if it if it
gets approved, can they still appeal and come back to us or is it final? What what is the process afterwards? If if we were to remand and send it back to DRB, >> any uh subsequent decision by the DRB on this could could itself be appealed to
the city commission. >> Okay. >> Yes. >> So I think um colleagues, I think I've certainly seen enough evidence to support a a re-review at the DRB. I don't really see an issue with uh having
uh a a second look at this. Uh so I'm going to make that motion. >> So that would commissioner that would be a motion to remand. >> Correct. >> Um the in order to remand the commission would have to find that one of the three prongs was not satisfied.
>> Do I have to give specifics? >> We the resolution will need to be specific. So I I mean I think um that yeah the res the resolution this commission's resolution would need to be specific. >> Okay. And then what are the three prongs? We have to do one of them.
>> One alone would be enough to remain. So you you could find um that the board's decision was was not supported by confident substantial evidence that procedural due process was not provided or that the board failed to follow the essential requirements of law. Based on
the discussion at the April meeting and and um and your comments today, um I think your motion is that the board's decision uh as to the location of the pedel courts was not supported by confidential evidence,
>> which is which is point one. Right. >> Right. >> Yeah. That's that's where I was leaning toward. >> So I mean I would >> that motion would require a second and a 57 vote. >> Second. So, and I'll say
I'm not going to support that. Not because I like DRB's reading because I'm not going to not support it because I'm not sympathetic to your case and I I personally wish you all could come to some sort of consensus because I'm
always a community builder in consensus. Um, however, we have to rule within a strict criteria. It's not about if we personally want you all to come up with a better solution or a better design. It was
we have a very strict mandate when we're sitting on this quasi judicial board about whether it's not whether we agree with the DRB ruling. It's about whether we find evidence that one of those three criteria were not met
with the DRB. were essentially saying, "No, the DRB didn't rule correctly for one of these reasons." Um, and not even correctly, they didn't review this properly for this. >> It took half an hour only >> and I don't after reviewing it last
month and here as well. I don't see any procedural. This is more about a procedural. Did they do it or not? And I don't see anything in the procedure. forget about my personal feelings on the ruling because I am sympathetic to you, right? But from a procedural standpoint,
I don't see where the DRB didn't achieve all those prongs or criterias um that we have in our very tight purview. >> Oh, you know, that brings me up a good point. I think remember one of the prongs was a notice requirement. Correct. And if I remember, Gunday
didn't receive a notice. And I think there was electronic proof that there was no notice given. And the only notice that was there was on a light pole. Um, a 8 1/2 by 13 red notice that would
have only that that he would have only been able to see um if he was somehow passing by. But maybe that's another prong that we can add on. >> The the code requires three types of notice be provided for land use board
hearings. One, that it be posted on the property. Two, that it be >> But it wasn't posted on property. It was posted on a light pole. >> There was evidence in the record that it was posted on the Loris Country Club property. Um, two, that it be mailed to any owners of property within 375 ft.
And three, that it be that it be published. Uh and and you heard argument that all three of those notice requirements were satisfied. Um I you know I I think the the case law does not
require that each property owner who rece who actually confirm that they receive notice, right? It's not a return receipt. It's not a uh a FedEx with a tracking number. It's it's it's it's proof that the notice was was mailed.
and um and and you heard argument of council that uh that that the petitioner's property was on the list on the on the list of mailing. >> So, okay. Well, so that being said, it would just be the the first prong which was not enough evidence
that the the board had before them to make the correct decision. >> And that's a decision for the city commission to to to make. Mr. Mayor, >> Commissioner Bot, >> my recollection, and everyone knows I have a terrible memory, but my recollection in our discussion last time was that there was some
discussion about um the impact of sound and how that was going to affect the property. And there was some discussion of it, but not sufficient. There were no I don't remember what it was exactly. There were no sound studies, but it was referenced
in the discussion >> that that's not required for for the design review board. So, >> but it was referenced in the discussion. So, they were talking about it. >> Well, the so the the DRB did include conditions um to to to mitigate the impacts of the
courts where they were proposed to be located. Um but it but a sound study the way the planning board would require one is is not required. So, so I think uh what the what what the DRB um the the criteria I think that that are
particularly relevant here are the criteria on the location of proposed structures um and >> but the location and sound have direct you can't talk about the location without the sound because if the location were um such that it didn't
obstruct the view but it was incredibly loud that would be a location discussion and the the the inverse is correct. is the same too if the view weren't a big deal. Um, but you can still hear it like you I just >> Yeah, there's there's a lack of
evidence. >> There's something missing here and and I I just I can't quite I don't have it in front of me, so I can't quite get to it, but I feel like it didn't get discussed. it didn't get >> fleshed out >> fleshed out fully and and I don't know
how the DRB is supposed to rule on something where um the the location of it is going to have impacts beyond just visual like and and you know maybe that's a
fail a failure of the laws that currently exists that's a different discussion but they did bring it up the the records show that they did discuss it and so they somebody was taking it into consideration and um so I I feel
like they need to figure out how to go back and fix this. So to to to to expand upon that, Commissioner, I don't see a problem just sending it back to DRB, giving it one more opportunity, and if they then approve it again, taking into
consideration all that I guess what we've discussed today, then, you know, we don't have a leg to stand on. At least in this situation, we give a resident a relief from many of the arguments that
he's made. It gives him an opportunity to hopefully resolve this at the DRB. Uh because, you know, I I I feel for Mr. Gund. I certainly wouldn't want something built next to my house with a
10-ft wall, especially if something wasn't considered. So, I don't see the harm in sending this to DRB for another review. Um, that we can then hopefully hope that they make the best
decision and then if it gets appealed again, then it gets appealed again and then we can say, "Look, we're sorry. We've already we've already heard this. You guys had two shots at this and um you know, we we have to move forward." >> Madam Vice Mayor >> Fernandez, Commissioner,
>> thank you. Thank you. Um, so I just I need one of the attorneys to to to clarify for me, you know, procedural defects, notice defects. Are there any indications that from from
from the attorneys, Justin? Um, you know, I just need to know, are there or are there not any issues before us today related to the notice or to the procedural uh uh matters in how the
application was heard by the DRB? So, the petitioner claimed that there that he didn't receive the notice, but the the city and and the applicant's argument below was that the um the mailing labels for the the the
resiliency code required notice uh those those were available and in the record before the DRB. >> Those were placed on the record, >> correct? And and they're incorporated >> that was verified by whom? uh by planning staff >> by Okay. Uh and I Mr. Planning Director,
can you come to the podium? >> So you're you are conf you are confirming you are confirming that that that the that the notice requirement was met that that there was a requirement to send a notice to to to the gentleman
that's appealing and that that requirement was met. I should clarify that the so the the person who prepares the mailing labels is actually a third party vendor and they signed the certification >> but but planning staff reviewed that
those materials when they were approving the item to the agenda of the DRB originally and and his and Mr. Gundy's name and address were correctly printed on it. >> How many and I don't know if this is if if I can ask this or not. If I can't ask
this, I I asked to be stopped. How many people uh were supposed to receive this notice? >> There were 480 property owners who were uh within the notice radius. >> Has anyone else brought any concerns of
not having received the notice? >> There were no other uh notice defects raised as part of this application. At this time I cannot support remanding this back to to to to the DRB. I think you know we have a limited very limited
scope through which to consider this this this matter notwithstanding whether whether we feel bad for you or not because I think you know as a as as a resident of this city I put myself in your shoes about having having this next
to where I live. I wouldn't want it right next to where I I live. Uh but but we have very limited scope and criteria through which to determine uh whether whether to send this back to the DRB and
it has to be through a procedural flaw um or through or through um or through a notice flaw backed by evidence and that doesn't exist right now. So I'm aligned with Commissioner Magazine on this. I don't support sending this back.
>> Mr. City Attorney, um, who are the arbiters here? Is it the commission or who who weighs in on and decides the facts? Is it is it us or is it >> Well, the the tri fact here was the design review board. Um, but the
decision maker on this appeal is the city commission. >> So, we decide if having a notice put on a light pole is sufficient. the the the comm so the the the commission has jurisdiction the commission has
jurisdiction to rule on this appeal but it has to be b if your decision must be based on these very narrow review criteria and um and and just based on the the discussion that I've heard the only one of the three prongs that the that a few of you and again I don't know that there are five of you but a few of
you have raised is the is the issue of of evidence as it relates to the location of the structures. I do not believe it is the it is the notice issue. >> Mr. Mayor, I believe we have a motion in a second to remand and send back to the DRB >> and and Mr.
>> The attorney for the petitioner has his hand raised if you want to consider that. >> I also wanted to speak a question. >> Well, let's first hear from Vice Mayor Dominguez. Um, >> so one of the city attorneys mentioned that um, >> your mic.
>> One of the city attorneys mentioned that only one um, person had complained about not having notice. How many people are affected to the degree that this house is? >> Just one or >> that's that's difficult to say and it it
depends on the placement of the of the specific improvements. But but there was only one objection. >> How many walls are going to be put? How many different houses are going to have a wall in front of their >> only mine? >> Okay. I think that's what the commissioner Dominguez was asking. Not to put words in your mouth.
>> Like Commissioner Suarez, I I was also struck the first time I heard that the notice was on the light pole and it was mailed, but there was no return receipt. Somebody that's going to have that big of an obstruction like knock on their door is what came to my mind. And and
just I just have to make one point which is the the failure to re of the city to receive a return receipt that is not a legal basis to reverse a decision of the design review board >> to be addressed in the future. >> Does it give uh a flaw to the delivery
process which would then allow us to vote on a remand if if we had the votes? I think if the if the commission is going to remand I think it's again I think it's on that first issue of competence financial evidence bas and again I'm I'm basing this on the discussion that I've heard but I I don't
know that there are five votes for that >> okay so let's call the role oh Mr. Gund through the mayor >> yes >> and Mr. Mayor Mr. Brooks is on. Your your attorney is on. And again, we
really should be hearing from >> Let me just make a point. So, I have informed delivery. It's a way to get notified about the mail that's supposed to arrive. I did not find this notice. So, that's another point. So, thank you so much for bringing that up. I didn't have it. Another point is um we were
talking about procedural defects as a way for us to remand. Uh there was a procedural defect um at the beginning of the uh session. uh the city attorney is supposed to ask uh the audience if they have any uh exparte communications with
other parties or if they have any conflicts of interest and they have to the the members of the board the planning review board or the DRV have to recuse themselves of the voting process or from the comments and so on and in this case um actually the person who's
the vice chair of the um planning review board from my information from what my understanding is actually a golf club member. So the person reviewing the whole case actually is a member of the club. So obviously this is um another
procedural defect. The city attorneys did not ask hey is there a conflict of interest? Are there any expired communications? Uh that disclosure was not made. So I think this is a procedural defect that is even more major uh than any of the other ones.
>> So can you speak to that? Was there a did did the city attorney's office ask any exparte communications between the board members and interested parties? >> Board members have an affirmative obligation to report any exparte
communications just as the city commission did for today's oral argument. Um the the particular uh board member that Mr. Gundai is referring to um I had a conversation with prior to the hearing about um whether there was
uh whether there would be a potential voting conflict and um and based on the the county code of of ethics and the um and the uh and the state code of ethics um because the again the standard is
we'll vote on the matter in to your special private gain or loss and um and we determined and that that board member did not have a conflict. >> That person was that person or the person's family a member of the golf course.
>> Um >> I I would Yes, but a specific I'm going to stop you there, Nick. >> Well, I I'm going to stop, Nick. I'm going to stop you there. I don't think I don't I I I think it's
highly inappropriate that you have a member of a golf course who is potentially going to be expanding their um their golf courses, their their
club's reach and being a voting member on a on a board for that. the that I just have to finish because and and I I'm I'm a little uncomfortable with this because the board member is is not here to speak to this, but um but this particular board member does not have would not
have a financial obligation one way or the other based on uh her membership status, but as a result of the application. So, >> it's not it's not always about finance. It's always excer, but let me just finish that. It's not
always about a financial um relationship. There's other relationships that may cause a conflict of interest. I think if you if I think at the very minimum, there should have been a recusal. The the the law is that
you are only required to recuse if you have a voting conflict of interest. And under the state code of ethics, you have a voting conflict if the vote on the matter would enure to your special private gain or loss. And this vote did not enure to the board member's special private gain or loss. It did not.
>> And and just I just want to ask about that because you know I just want to be careful about the precedent that we said is in this case it's it's a member of a of a golf course. There are many different types of memberships
throughout this city. Memberships for sports clubs, memberships for religious institutions, memberships for social or organizations, many of which come before many many of our land use boards or at times come
before the city commission. And membership does not mean conflict of interest. One thing is to be a member of a body of of of an organization where you are paying in fact you are paying to
be a member of an organization. Another thing is let's say if you're on the board of that of that organization well then that then um and correct me if I'm wrong Mr. attorney, that's when then the state's conflict of interest comes into
play. Or or or if you have if you if you stand to financially benefit, if you stand to directly financially benefit from the decision that's that's about to be made, that's when the conflict of interest laws uh come come into play.
But we're going to be limiting pretty much, you know, all of our board me all of our board members and and and and the commission itself if we start redefining what what a conflict of interest is just based off membership is we have people
who are members of St. Patrick's, you know, and then and then if St. Patrick's has has a zoning matter going before um you know one one of the land use boards then are people going to have to recuse themselves or or or if you know if
someone is a member of a temple and the temple has something going before one of the land use boards or before this body then do we have to recuse ourselves that's very different than being in the governance of the organization and certainly much more different than
having a finan financial interest where you're going to directly benefit from it. So, >> and I would like for the city attorney, I have the floor. I would like for the city attorney to respond on that >> and and and commissioner Fernandez is correct. There are extensive ethics opinions dealing with um with members of
groups or organizations. In this particular instance, I also want to advise the city commission that we consulted with the commission on ethics and the commission on ethics uh determined that there was no conflict. So the the the board members participation did not create a conflict of interest.
>> Yeah. And and and just to let me just put let me try to reframe this in another way. or I think it could be a conflict of interest with Commissioner Fernandez is they do pay to be in the club and
let's say that let's say that board member let's say that board member voted was was pressured just hypothetically to say you if you don't say yes we're going to remove you from our club
>> well just it could be tacid and You're bringing into question the integrity of the work as a person that's not here. >> What I'm trying to say is it's not always going to be financial >> pressure where someone gains something. It could also be something where you
might potentially lose something from not voting a certain way. And that's why I think yes, if you are at St. Patrick's and you're on a land use board or a temple and there's a matter before you that's specially zoning, you should 100% recuse yourself. just remove any sort of
conflict of interest. >> Thank you, mayor. >> I would just I would just try, Mr. Mayor. I really think we we >> really shouldn't be taking new evidence at all. I think we've been very the commission has been very generous. >> Last comment, then we're going to move. >> There's a financial gain actually multiple counts of financial gain. Thank you for all the commentaries you made.
Uh she owns two clubs, two houses on the golf course. One house actually abotss the south side of the clubhouse. If the paddle courts didn't go in front of my house, they could have landed in front of her house. So, that is a conflict of
interest. Furthermore, uh there's also another count of conflict of interest. Her son has a membership. Her uh her uh husband also has a membership based on what I heard. Uh and basically, those are two other council membership. And
these memberships are valuable. Uh at like maybe 20 years ago, they were worth $100,000 or something. Now they're worth $800,000. So that means you can actually, let's say you don't have any money one day, you can cash out, you know, like a ring or your membership and you can sell it
to someone. It's high in demand. So uh and if the golf club is built, it's going to be even nicer. So you're going to be able to sell it even for more, maybe a million dollars. So there's a financial gain. Uh apart from that, her son is actually also a real estate agent
who buys and sells properties around the golf course. So there's so many count interest and their financial, you know, interests. >> So I hope that answers the question. >> We we have a motion in a second. >> We have a motion in the second
>> and the mo the motion is to remand to the design review board um based upon a lack of confidence substantial evidence on the specific issue of the location of the of the courts. Um and and that
requires a a 57s vote. >> And what is the suggestion of what was it the prongs you said? >> Right. So you're >> what wasn't fulfilled? >> The the that the board's well it's up to the commission to make this finding. Right. But Commissioner Suarez's motion
is that the DRB the DRB's decision again the the part of the decision specific to the location of the Podel courts that that that was not supported by confidence substantial evidence and the remand the purpose of the remand is for the DRB to hold a new hearing on that narrow issue.
>> So just to be clear we're not we're not determining that it's completely wrong. We're asking them to do a new hearing on the issue. Well, you would you would be determining that the that the that the standard of review is not satisfied, >> but it goes back to the DRB. >> It would go back to the DRB. >> Yeah.
>> No, no. Just on that point, >> I I think Commissioner Suarez's motion is narrow to the issue of the PEL courts. >> Also, bathrooms and uh the pro >> this is a Nick get control, please. >> I'm somebody needs >> Commission
tell us what we're ruling on. >> Is that a motion? Yes, you you have a motion. >> Let me just We have a motion in a second, but we want to make clear and Nick is going to explain it to us. He did once, but he'll do it again what exactly we are voting on. >> So, so again, and I'm sorry to repeat myself, but the the standard of review
is again, it's highly differential to to the decisions of your boards. You can only reverse if you find that the board >> reverse or remand or >> or remand or modify. If you find that the board failed to support its decision with competent substantial evidence, failed to observe the essential
requirements of law or failed to provide procedural due process, any of any decision to reverse, remand or modify requires a 57s vote. If there are not five votes, then the DRB's decision would be upheld. Commissioner
Suarez has made a motion to remand to the DRB on on the narrow issue of the location of the pedel courts on the basis that the board's decision was not supported by competent substantial evidence. That motion was seconded by Commissioner Bot. Again, this is a
finding that that the city commission would have to make as a body. If there are not five of you who who believe that the that the that the DRB uh failed to that the DRB's decision was was not supported by constantial evidence, then the then the board's decision would be upheld.
>> Okay. The memo accompanying this says the city commission must as part of it motion clear clearly articulate the basis of its findings. Have we accomplished that? I think based on Commissioner Suarez's motion, um, it it the the motion would
be that the that that competent substantial evidence prong was not satisfied. >> Okay, let's take the vote. >> And for the record, I have Commissioner Dominguez making the second. So, >> I think it was Bot. Okay. Uh, you want me to call a role by name
or you want me >> I think it's best. >> I'm going to do it alphabetically. Commissioner, >> what how are we voting? So affirmative means the remand. >> Correct. >> A yes is to remand. A no would be to >> affirm.
>> Remand means sending back >> back. Yeah. >> Yes. Is remand. >> Yes. Correct. >> So alphabetically, Commissioner Bot. >> Yes. >> Commissioner Dominguez. >> Yes. >> Commissioner Fernandez. >> Commissioner Mattel Selenas.
>> Yes. Commissioner Magazine, >> no. >> Commissioner Suarez, >> yes. >> Mayor Miner, >> yes. >> We have five votes. >> Let's call next item R seven M.
R seven M execute fiscal year 2026 sponsorship agreement Ocean Drive Prominad Music Series R7M Okay. >> R7M. >> Yeah. >> Oh,
>> I move the item. >> Second. >> Let's call the vote. I'm sorry. I heard a motion by Commissioner Domingus, seconded by uh Mattel Selenus. Uh R7M if no discussion all in favor >> I >> I
>> any nos R 7M >> the music series approving it sponsorship agreement. >> Yeah. So okay. So I have one absence. Commissioner Suarez is absent. The
motion is approved. 6. >> Yep. Great. R5 AAA R5 AAA is an ordinance of the mayor, city commissioner, city of Miami Beach, Florida, amending chapter 70 of the code, city of Miami Beach entitled miscellaneous offenses by amending article two entitled public places by amending division two entitled bicycling, skateboarding, roller
skating, inline skating, motorized means of transportation, electric bicycle, moped, motorcycles, motorized bicycles, and motorized scooters by amending section 70-66 thereof. entitled definitions by creating an and amending certain terms therein and by amending section 70-71 thereof entitled
enforcement penalties by amending the and providing for additional penalties therein and by micro and by creating section 70-73 thereof entitled responsibilities of microobility device operators to establish certain requirements excuse me applicable to micromobility
devices operators I'm providing for repeater servability clification and effective date R5A is a first reading Hi, Mark. >> Hey, Commissioner. >> Um, I'm sorry, I've uh get my head back into the micromobility game after a
couple of challenging conversations. Um this is something that um colleagues at the city staff level, director of transportation, director of police uh police department,
uh various folks in the police department um code, lots and lots and lots of people have been working on to try to get us to a better place on micromobility. Um it is the change that is coming.
I want to make sure we're focusing on this because this has taken the better part of a year to get to this point. Change is coming. We are in the midst of it. It is not easy. Change is never easy. It's messy. And micromobility.
>> It was to me. Yeah. >> It was to me as well >> to both of you. >> Thank you. >> You're going to have to choose, Rabbi. >> No, you don't. Um, micromobility is a great boon for our community. We are a flat community. The weather is great most of the time. We
don't have to go big distances. Um, there are a lot of people who can benefit from using micromobility, whether it's a bike, an ebike, an ecooter, all kinds of different things. The problem we are facing is that we are a builtout community. We have parking constraints. We have terrible drivers in
trucks and cars and motorcycles because we're in South Florida and that is just a fact of life here. So what we are trying to prevent is chaos and carnage on the road while the rest of the state and really the rest of the country catches up with us on how to operate all
these devices in a manner that is safe for everybody as best as we can. I know there's a lot of discussion about personal responsibility and um you know are we overreaching on on some of our um efforts. At the end of the day it is not
just about legislating what happens when an micromobility device makes contact with either another vehicle or another person. Many of these episodes happen in a way that don't even get captured by the statistics and people get hurt
anyhow. Um the statistics don't include um the fact that um the person might have walked away from a small car accident, but the person um who hit the person is now traumatized for life because the person on a
micromobility device came zipping out, not um wearing a helmet, not doing the right things, not wearing lights at night, not obeying the laws of traffic, all these things. So, we are trying to put together comprehensive legislation that addresses as many of these things
as possible to make this a better um place that we can coexist to take cars off the road, to give people inexpensive, easy ways to get to where they're going. Um PJ, if you would pull up the presentation,
please. Uh you can go to the next page. like to thank Sarah Mario, my aid, for getting a lot of this uh down on paper. >> When was this submitted, Commissioner? >> It hasn't passed and it was submitted in April for the record. Um,
>> it's almost a four-week rule, but that's okay. Um, this is just a very quick snapshot. Um, it is very difficult to quantify the amount of damage being done by micro mobility unregulated microobility devices. Um it's it varies
from state to state, from municipality to municipality. Lots of things don't get captured that constitute life-changing incidents even if it doesn't end up in a police report. Um it's just a mess right now and that is part of the problem that we are all
facing. Next slide please. These are just some snapshots going back over the last couple of years. Um people are dying, people are having near misses. Um people are It's devastating. I did not submit the multiple videos
that I could have submitted from doctors of people getting creamed because it's absolutely it it's gross. It's absolutely devastating to watch and and that's another conversation for another time. Um it's happening too often. Next
slide, please. And this is just the tip of the iceberg. You talk to anybody in a hospital setting, anybody in an emergency room, any doctor dealing with trauma, they will tell you that they will not let their kids ride these devices. They will tell you that it is the biggest scourge in the country right
now. Preventable. It's absolutely um beyond dangerous and devastating, right? You know, it's gee so sorry this kid fell off a scooter. Well, this kid now has permanent brain damage and this is a 14-year-old who now will never be able to function properly, right? So, we need
to think about this in a better proper manner about how we're going to how we're going to proceed as a community. Um, you can scroll through to the next one. Again, just these are just the ones that came up quickly in the last couple of
years. You can go scroll to the next one and go to the next one. you know, just in the last couple of weeks, um, driving north to south to get to work and back to North Beach, I've seen children 8, 10, 12 years old doing wheelies in the
Beayshore neighborhood. I mean, granted, this kid was wearing a a helmet, so that was good. But doing wheelies, riding on a wheelie, his back wheel into oncoming traffic at rush hour, zooming through the stop signs. This is a child, a 12-year-old child who doesn't know
better, and his parents seem to be nowhere to be found. I've seen a ton of kids uh between the ages of 12 and 15 in North Beach zooming around on dirt bikes on the sidewalk as if it's it's a it's a a track for them to play on. It is a
disaster waiting to happen. And if we don't get ahead of it here and now, it's going to bite us in the butt. And I don't think we want to be going to our friend's kids' funerals or our friends funerals because somebody driving swerves to to get out of the way of an oncoming um micromobility rider and
inadvertently hits somebody else or hits a light pole. We can we can do better. We must do better. The state actually Tallahassee is convening a statewide um task force to get ahead of this on a statewide level. So hopefully they will use that for the good. Uh Chief Jones is
our appointee and he will be working um on our collective behalf to try to bring order to this chaos. But we're not going to wait for that. We are have been working for the last couple of years thanks to Jose and Mark and Hernand Cardinho and the police chief and his department and all kinds of other folks.
Marketing has been doing a great job of communicating. This is just the next step in that. Um, look how old these statistics are. From 2017 to 2022 and ebike and microobility devices have been um have been
increasing in their usage exponentially. This is how out ofd some of these statistics are, but you can already see how dramatic this is. >> Is this Miami Beach? >> Um, this is a study done in University of California. This is an aggregate of
lots of different studies to show directional trends. We don't have um for the purposes of today's discussion, I don't have only Miami Beach statistics. We can get them. That's irrelevant because it is a trend that is absolutely universal. If you can go to the next
page, please. Again, increasing through the roof. If you can go to the next page. The faster you go, the worse the accidents are. That's not surprising. Go to the next page, please.
This is how quickly these things are gaining in popularity. >> What do you think about popularity? >> How how much um uh how these devices are being how much more frequently these devices are being used. So, it's not just a handful of outliers who are using
these devices. they are being sold and used increasingly. Just I I don't have a way of doing a count right now. We're installing counters. So, they can talk about that um at at a at in a moment. But we are seeing such an uptick in
incidents involving um uh micromobility devices in Miami Beach over the last couple of years since COVID and since the adoption of these devices. It's it's just it is coming. It's not a question of will it come. It's it's it's a title wave. We are at the beginning of it and
it is only going to get worse. Next slide, please. I mean, just I'm not going to read this to everybody. You can you can read it for yourselves, but you know, talk to any doctor. They would not they will not endorse this behavior for their own
kids. And they are begging people to be smarter about it for for for theirs. Next slide, please. You know, people look at the Netherlands and they say, "Oh, well, they figured it out. It's so easy." Um, you know, they got protected bike bike bike paths and
education. Um, and it's just a cultural thing. It was not a cultural thing in the Netherlands. It was not a cultural thing until people took to the streets because so many of their kids were killed. Think about that for a second. entire cities took to the streets and
said, "We are done watching the cars kill our children. We're changing the way we handle this on a municipal level. They instituted educational practices. They built bike infrastructure. They've done the things it takes to keep their kids from being killed." And >> but this commissioner,
>> I'm not done with my presentation. May I please finish? >> I'm just sorry, but it just says car ownership. >> Commissioner Bot, >> can I finish, please? Okay. >> Thank you. It's time to face the reality that we are not going to um
be able to manage this without taking steps. And I don't want to go and have to have a municipal strike to prevent more kids from being killed or more young adults or more adults with young kids um taking them to school. It we need to do something to bring chaos to
this to bring order to this chaos. Next slide. I think that might be it actually. Yeah. >> So Mark, if you don't mind, I would like you to um come up and walk us through the legislation. If you could talk to us about um the process we've taken to get
here, um the robust input we've gotten from the transportation committee, with bicycle advocates, with the police department, with the transportation department. Um and um we'll go through the item bit by bit. Commissioner B,
respectfully, I'm not trying to be difficult, but I just I'm trying to make sense of the last slide because the last slide called out rising car ownership, not bike or scooter or ebike. >> Could you could you um put that last slide up?
>> It says rising car ownership led to thousands of traffic deaths, including for 1971. What does that have? I mean, respectfully, I'm not trying to be difficult. What does this have to do with microobility?
>> Because as um people were using cars more and people were using bikes more, there was a conflict point. And so because there was no order to the chaos of cars and bikes coming into conflict,
cars were killing people on bikes and micromobility devices. Well, bikes at the time. They didn't have ebikes. Okay. Yeah. So, I mean with regard to just this ordinance for for starters, uh obviously this just includes various safety equipment and regulations
pertaining to microobility device operators when they're operating such devices on public rights of way. Um a lot of these are in state law, although it takes a bunch of gymnastics to to to get here, but they're but a lot of them are already in state law. Um what it
would require is uh for all micro mobility device operators when operating your device between sunset and sunrise the following morning, you have to have a lamp exhibiting a white light that's clearly visible at a distance of at least 500 ft to the front and a rear red
light and a reflector that's visible at a distance of at least 600 ft to the rear. Uh all operators and passengers of micromobility devices must wear a bicycle helmet. It's got to be properly uh fitted and properly fastened and secured to their to their head uh by a
strap and it's got to meet certain federal uh safety standards for bicycle helmets. Uh they the device has to have >> Let me let me all riders >> all uh under 16. >> Oh, okay. >> Under 16. So 15 or younger in effect, but under 16. Yeah. Uh functioning
brakes capable of stopping the device within 25 ft at a speed of 10 miles an hour on flat level dry pavement. Um, and the microobility device cannot be used to carry more persons at one time than
the device was um designed or equipped to carry. No more persons at one time than the device was designed or equipped to carry. And you know, it's it's in here, but just to to read it, the restriction does not prohibit attaching a trailer or a semi-trail to a
micromobility device if that trailer or semi-trail is commercially available. is is or is not >> is if it's commercially available, you can do it commercially available and it has been designed for such attachment. You could do that. You could attach a trailer or semi-trail to a micro moility
if it's commercially available uh and it's been designed for such attachment. And we also went further in this ordinance. You know, the commissioner, like I said, has been working a lot on on all of this stuff, but got a lot of feedback and ultimately we have gone and done more than the state. We defined
designed or equipped here to pro try and provide some guidance and designed or equipped to establish that your micromobility device can carry two or three if you have more than one person. It can include such factors as the manufacturer designations and specifications when you look at the the
product sheet. It could include extra seats that have been installed, extra sets of handlebars, uh foot pegs, the total weight capacity of the device, uh the the uh length of the deck, the width of the deck, uh and those type things.
So, this legislation does that as a starting point. There's other things we're we're looking at, but uh this is a starting point. Like I said, this is this is primarily from state law. Um, there's also been a lot of other I I don't know if you want Jose to talk about it, but there's been other steps and things you've done, but uh that's
what this ordinance does. >> Yeah. I I I also want to point out before Jose talks about some of the other things because um it's not this is not coming out of as a bolt out of the blue. Um it's a little bit delayed from the other things we've been doing because it's taken such a long time to get to this point. We've tried to be
very careful about this. Um but this would take effect a year after a small section of this would take effect immediately but some of the bigger things would take effect uh a year from when we pass this which would give us time to do outreach to the community to educate them about um assistance we can
provide to get them helmets that we can uh go to schools and give them education that we can have um traffic enforcement between now and um effect uh the the um uh um effect effective date of this um
of this legislation. The goal is not to be punitive. I want to make that very very clear. Nobody's trying to punish anybody. What we're trying to do is change behavior so we're not picking people and body parts up off the roads. You know, it sounds like a big, you
know, a small pain in the neck, but it's, you know, when it's your parent who is now not able to take her kid to school because she was knocked off of her e device by a car. Um, or she ran
through a stoplight and and you know, didn't realize or you know, whatever the friction point is, they are they are constant. Anybody driving in the city now, whether you're driving a micromobility device or driving in a vehicle, I guarantee you you've seen a
near miss every time you get into your car. I guarantee you. I guarantee you've seen flagrant traffic violations. People driving into oncoming traffic, people not stopping at stop signs, people driving through red lights, people crossing across four or five lanes of traffic into oncoming traffic because
they don't think the rules apply to them. So, we're going to effectuate change and have a year to educate people um at the school level, at the parents level, at at the um HOA level where I've got I plans to do a
mailing to every single household, a small inexpensive mailing, don't worry, like a postcard with a a website link so people can understand what is correct and proper and safe because people can buy these devices off of Amazon. They're
supposed to go no more than 20 miles an hour. You can download an app where take a screwdriver or or um do a small modification. Now you're going 59 miles an hour on these devices. No lights, no requirements, no licensing requirements,
and chaos is ensuing. So that's why this is before us. And just to give context of what we've done so far, um Jose, if you want to go through really quickly and just give some sure background. >> So thank you. Um, so I just want to highlight a few of the key initiatives
that have either been implemented or are underway as a result of the microobility working group that uh, Commissioner Bot has chaired for the past probably two years now at least. Um, so and all these are intended to to enhance the safety of
microobility users, bicyclists, uh, pedestrians, anyone using shared use paths, sidewalks all over the city. Um, so we've completed the installation of signage, uh, a lot of signs along the beachwalk, the Baywalk, and the cutwalk.
It's very clear signage. It basically, uh, tells all users to stay to their right, to follow the rules of the road. Stay to the right. We drew a white um skip center line down the center of the entire beachwalk, all seven plus miles
plus the coat walk and the Baywalk up to Fifth Street where uh microobility devices are actually not not permitted as as you know. So, there have been a lot of signs installed that uh state that no
motorized means of transportation on those shared use paths. Uh telling people to stay to the right, telling people to slow down as they approach a curve. We actually walked the entire beachwalk. Uh part of that was on a gator, part of that was on a on a bike,
part of that was walking. And uh areas that had uh dangerous curves or sighteline issues, we addressed through either signage or legislation that requires the abuing property owners to trim the shrubs uh along the bay uh beachwalk particularly and there's been
a significant improvement in that regard over the past uh several months. Um >> Jose, if I can interrupt you for a quick second, um Julio Blanco is like our poster child uh poster boy for the um the beachwalk. He's not here today, but um the the number of infractions have
gone down significantly just by putting these clear guidelines in. So, everybody knows the rules of engagement. Um there are still offenders. I mean, Julio was taken out by somebody who um literally ran him over on his ebike and Julio broke his elbow and was out for a few
weeks. Um, so it's not perfect, but the number of tickets and and violations or just stops to educate people has have gone down significantly through um the beachwalk, which was our first kind of test case. So, we know this is effective.
And and so one of the things we noticed early on is that we really didn't have a lot of data in terms of usage uh and in terms of uh how many microobility devices versus bicycles versus pedestrians were using some of these uh
critical shared use paths in the city including the beachwalk. So we've installed counters on we've installed 11 counters uh along our bicycle lanes throughout the city. Those counters distinguish between bicycles and
microobility devices. And then specifically along the beachwalk, we're in the process of installing six sensors that can detect um also the difference, you know, whether it's a micro, whether it's a scooter or a bicycle or a
pedestrian. And and the speed as well. Digital speed feedback signs are being installed along the the the beachwalk. Yes. >> Through the vice chair, >> the vice mayor, if you don't mind, can you explain how do they just determine
if it's a bicycle or an ebike? You know, because it's sometimes it's hard it's hard to tell. It's it's based on the the specifications of the device and the the wheelbase because there's there's sensors that are placed
on the pavement and depending on the the distance it it can tell whether it's a a uh scooter or a bicycle. It's basically >> No, but I'm saying you have the does this tell the difference between an ebike and a bicycle >> between
>> an ebike is a microobility? Well, technically they're all microobility device, but this is a battery powered microobility device versus a bicycle. Does does that technology exist? >> So, that I'm not sure, Commissioner. Um, I'll find out now in a second. I I know
that there's still some um >> I know it's easy to say if it's a scooter or a bicycle. >> Correct. But between an ebike and a regular bike, I'm not sure, but I'll find out. I I would imagine it also depends on the style of the ebike because some are built heavier and different from a bicycle like you can
tell but but regardless not not that this is not an important conversation we can just take it offline because those are already installed those are already happening so that's separate >> right I just want to be mindful of the data that we get to say like if there's you know assumption made that there's this many micromobility devices this
because I know some road bikes that are just you know push pedal they can go 30 40 miles per hour >> well and and this this applies to all of the the devices. So, it's not just if you're an electrified um bike, it's it's a bike. People need to be operating
these vehicles safely. And so, we are distinguishing uh between what you can and can't do. And so, I I hear your concern. We can get into that. >> Yeah. I just want to make sure we that it's nuanced when we get that information. Okay. So, please. >> Right. And then some um educational
efforts as well. We developed a flyer that has all the rules where u microobility devices are allowed, where they're not allowed, um different uh different regulations that currently exist around the city depending on the
type of path. Uh and um conducted a micromobility town hall sponsored by Commissioner Bot. This was in September of last year. and uh other similar either educational efforts, enforcement efforts,
engineering efforts uh to try to just raise awareness and improve the safety of the users, all users really on these facilities >> through the vice mayor. Um >> and commissioner,
thanks. Um just I want to just go over some of the the the pillars of of this legislation. Um I think it's I think it's pretty common sense to require that all scooters should have a white light on. Okay. And
>> um proper braking of course. I think where I think we really have to think about this is what is enforcement after your life? Because if if you have kids going to school, you know, that's like five
blocks away, they're on a scooter, and they don't have a helmet, are we really going to want police officers pulling them over and giving them a ticket? >> So, can we have um uh Chief Jones come over, please come up? This is something we've talked about at great length. The
goal is not, and I've said it today, I've said it before, talked about it at the transportation department, uh transportation committee at length. The goal is not to be punitive and officers have the discretion to stop and engage and educate versus stop and write a
ticket. Now, if you are going to be a total I think the technical term is jackass and be violating traffic rules and riding in an unsafe manner and doing wheelies and going in and out of traffic, that might get you an an actual
violation. If you're a 12-year-old on your scooter and you don't have your helmet, there might be an officer. He's not going to chase you down, but you know, might be standing there at the school zone say, "Hey, remember you're supposed to have your helmet. Make sure you wear it next time." I think that is part of the educational process. In the Netherlands, in other countries besides
the Netherlands, they actually have part of the school curriculum, an education process. I if I remember correctly, it's it's at two different points. Um but it's certainly at one point where you cannot graduate a certain grade level without having passed um safe rider
classes uh on your bike or your scooter. And that is because it is so important to your well-being as a human being to not fall off and hit your head or not get creamed in oncoming traffic. So that is that's what we are going to be doing. I know we have um thanks to Andre
Sassion a fleet of uh six new ebikes that are going to be used throughout the city. We've identified with the police department um some hot spots where we've got people not children generally adults who should know better who who ride in very unsafe manners that we are going to
be um putting up sort of um um >> no just putting up putting up um uh not roadblocks but having officers stationed there to be able to to educate people like we did on the beachwalk. And so again, it's not punitive. It is not
punitive. It's about the education. >> And I and I and I get it. And respectfully, we're just having a dialogue here because, you know, I'm I'm going to be probably just venture to say I'm going to be the one here just trying to really work through this and I want to work with you on this. It's I
understand it's not punitive, but at the end of the day, if the officer's discretion is to write a fine to a 14-year-old going to school or a 15year-old because that kid, I don't know, doesn't, you know, want to obey the law or just says, you know what, I I
I I don't want to I don't want to hes um I don't I don't want to see a cop right now. I don't want to get pulled over. and then they run away. There's all sorts of reasons why a 15-year-old child may not want to get
pulled over or the discretion of the cop is to say, "You know what? I've seen this kid not wear a helmet five times, you know, riding his bike, riding his scooter to to Miami Beach Senior High. I'm going to write him a ticket." I I don't I don't
know if I feel comfortable with that. I also don't feel comfortable and again this is assuming after our education period a year we have all the sorts of information that we work with the school board on. I'm thinking 2 3 4 years down
the line. I don't know if I feel really comfortable police officers pulling over, you know, 15 year olds on a bike because they're not wearing not wearing their helmets and giving them a citation. I just I I don't know. I mean, I >> What would you say if you saw a 15-year-old um spraying graffiti on a
park bench or on a wall? >> But that's there's a difference between doing something illegal and doing something >> This is illegal. It is illegal. It's it's in the state laws. >> Well, is it a state law to not wear a helmet on a on a bicycle
>> on a microobility device if you're under the age of 16? Yes. >> So, then why are we codifying this at the city level? It makes it much easier for enforcement for us to have our definitions here to have it in our city code uh for officers to not have to do
mental gymnastics and going to the state law for bicycles than extrapolating to electric bikes. >> Right. And look, I I respectfully I I totally understand the intent. I I think you're coming this from a really good place, but and it comes from a very maternal place where, you know, we're
both parents and we both care. I'm just saying the unintended consequence is that you're going to have police officers pulling over teenagers for not wearing a helmet. And I don't know if I feel comfortable with that. I
>> And then don't support it. >> I mean, it's against the law currently. >> I understand. And >> but you know, but we but the police, you know, right now we I don't think the the best use of resources is going after
teenagers not wearing a helmet on their scooter. And let me finish and respectfully, >> there are a lot more dangers to teenagers in Miami Beach than them riding a scooter or an ebike, not a helmet.
If I might just to that point, >> I don't think that the police officers are police officers are going to pull over a kid for not wearing the helmet unless the kid is doing other things that are egregiously dangerous. I think
that we have to trust our officers who do have better things to do to look out for the well-being of their residents when there is um unsafe behavior. Is it not great for a kid who's 14 or 15 years old to not be um wearing the helmet?
It's not great. Is it not a huge deal? But and so they'll let it slide or maybe just call them over and say, "You know what? You get need to get your helmet on." Not, you know, that's one thing. If that kid is popping wheelies and zooming in and out of traffic as if the laws don't apply to him, that's a different
conversation. And that's the behavior we're trying to to effectuate with change. the in three or four years from now if this goes properly we won't even be having this conversation >> but I don't think a helmet mandate is going to prevent bad behavior
>> on the road. >> It's currently it's currently the state law. >> Yeah. No, I get it. But the argument you're saying is that if we have if we mandate a helmet requirement for under the age of 16, they're not going to pop wheelies or go against traffic. >> That's not what I'm saying at all. I'm
saying that it often goes part and parcel. I mean, we saw kids I I see kids I must have seen four or five this week alone who were wearing helmets and who were popping wheelies and going in and out of of of
cars um into oncoming traffic. The helmet for those kids, it's the least of it. >> It's the least of it. So, it's it's these are all things that are going to work in concert. Would you be okay with a possible mandatory warning per individual
>> even after the education period where a police you know and we have it codified so that there is no gotcha um you know because we have residents move in you know all the time who are going to be coming in beyond the education period and who may not know that there's
>> I would I would put it this way. I would encourage the officers to first go with a warning and if there is some kind of um you know the way when you get pulled over for traffic stop if you if you you know hand over your thing and you have a conversation they're like you know
you're driving like an idiot please don't do that again they have the ability to do that if you have an attitude and you get all testy then you get the ticket so I I would defer to the officers and there's going to be training involved and I think we say you know where wherever ever appropriate.
Let's give a a verbal warning. And when people if people are recalcitrant in their in their attitude and and don't try to understand what the deal is, I mean the normal response is oh gotcha. I'll I'll make sure that happens next time. >> I I just want to be able and
respectfully if it's possible to put in writing or in the in law that there has to be a warning first per individual. You know the last remember we're dealing with individuals whose brains fully haven't fully formed
>> all the more reason >> and for one reason or another they may get into disagreement with a a police officer pulling them over and and like you said be a jackass and that cop was you know what you're a kid you're a jackass I'm going to write you a ticket.
I just want to avoid that situation. I think it it solves a problem that you get a one-time warning. After that, there's no more warning, >> but I would like to at least codify the fact that our residents get a warning. >> How about this? This was first reading. Let me go back with the team and have a
conversation with them >> and and see how we come back for a second reading. >> I'm okay with that. I mean, just to put things in context, um, we have other states that are holding parents accountable for the
actions of their kids, sending parents to jail because their kid has caused mayhem. And so, we're not there yet, but we could be. So, I'm I'm suggesting let's do all the things that we can do to make it easier to educate our our residents. And you're right, people move in and out all the time. So I think it's
not going to be a terrible idea to have for the next few years at least until this is common practice, you know, a smallsized postcard saying, you know, just a reminder, here's how you use these devices. Here's where you get more information. If you want to talk to, you know, a police official to learn how to
do it in the safest manner possible, we're here to help. I you know so I think there's a lot that we can do to make sure that we give everyone the benefit of the doubt but at the end of the day we do not want to be picking pieces up of children or parents or anybody from from the road. Nor do we
want the trauma of somebody who did not see the kid or the the 25-year-old coming out of nowhere with no lights, no helmet, and now the driver has PTSD or has ruined his or her life because he inadvertently or she inadvertently hit somebody.
>> Yeah. And I think the intent is for education, right? Yes. Yes. >> Um, and what I'm saying is I think a warn a part of the process is a warning part is is the education period and then the enforcement comes after that.
>> And that's what's in here. That's literally what's in here. We have a fully >> but I'd like to I'd like to mandate a warning before any sort of fines be given to like teenagers >> which you just agreed to. Let us work on that between first and second. see how we can um make that work for everybody
and see if that's doesn't um negate what we're trying to do because I don't know if it obiates then the state laws. I I don't know because we haven't discussed that. So let us work on that. But um you know let if my colleagues any of the other colleagues have comments I'd love to hear them otherwise I'll move it.
>> Okay. >> So I'll I'll say this at the beginning of this item and I'll through the vice mayor. >> Yes, of course. >> Thank you. at the beginning of this item. You know, I I think parents have responsibilities
over their children, and if you're letting your kid out of your house without a helmet, that's a lot of your responsibility. However, in this dialogue, what I didn't realize is that this is already the state law and that
we are in fact codifying what already exists in the state and that failure to codify this makes the process more difficult for our police officers. And that's the my takeaway from you, Mark. Is that correct?
>> That's correct. >> Chief, you're standing here. your officers are the ones who uh who are responsible for enforcing this. Um how much more difficult is it having to go through the state law as opposed to a
municipal regulation? >> It certainly makes it much much easier. Commissioner, what what >> does it say? >> It certainly makes it much much easier for my police officers to enforce. >> And does it does it save time? >> Yes. Okay. Um, and so to the extent that this is already being enforced
and we can make the process easier for our police officers and we're not the ones that are changing the law, the this is going to this is enforced one way or the other is it's the avenue of enforcement that we're providing. you know, do they go into one set of books
through the states and and flip through that trying to find that regulation or do they go through something that they might be easier to navigate uh as as our code. So, so with that, I'm I'm fine supporting this uh because that is my
takeaway. We're not creating the law. We are simply adopting the law to make the the work easier for our police officers. Thank you, Mr. Mayor. Thank you. >> All vote. >> I need a second.
>> I'll second. >> Uh it is a public hearing. I have one individual in Zoom requesting to call uh to to speak. Uh call in user 7 as a screen name. Please identify yourself. You have two minutes. >> Hi, good afternoon. My name is Matthew
Ganoff and I was here earlier today for this item, but unfortunately I had to leave um to pick up my children from school. But I want to start out by I want to thank uh the sponsor, Commissioner Tanya Bot. I know that she's been working on
this for a long time and uh she has taken input from many different uh stakeholders in the community including those that are advocating for uh greater bicycle and micromobility access and um
infrastructure throughout the city. So I want to thank her. She has uh had an open mind. She has massaged some of the language in here to remove some of the friction that was a concern because as many of you know microobility and bicycles are growing amongst our
neighbors and becoming a very um extremely important mode of transportation for many people in the city from all different walks of life. Uh so I think that definitely this uh this legislation has gotten to a place where it's uh of less concern than it
was initially when it was first proposed. So I do uh appreciate that. Um one thing I want to say though is that uh one of the I think one of the big concerns we hear about people riding really fast etc. That is a different item. It's e- motors or electronic
motorcycles or electronic dirt bikes. And generally speaking, uh those are not legal um today to ride on the streets. And just a little story here, one of my neighbors, I saw a bike that a kid was riding. I looked it up and the motor on
there is 11 times more powerful electric motor than the motor on my bicycle. And for those that have seen it, my bicycle is equipped and designed to carry passengers. Equipped to design and carry two children, actually. uh and yet there are some children that are riding
bicycles that are 11 times as powerful as that. So that is something that can be addressed today motorcycles uh throughout this city. And >> thank you sir. >> Bring us all back. >> Our next caller is Karen. Karen, you have two minutes. Please state your name
and address. >> Thank you. It's Karen Rukus again. Thank you very much for this opportunity. Um, as an occupational therapist, I used to work on neurosurgery and would see many individuals, both adults and children, who've had serious brain injury as a
result of a car accident where the structure of your car protects you. When those people are on motorbikes or these sorts of mobility devices, of course, their injuries are far worse. They're lucky to regain consciousness if they hit their head. But let's look at the various jurisdictions and what they
mandate for helmets. For instance, Austria helmet required for children up to 12. Croatia helmet required under 16. Estonia under 16. France helmet uh mandatory under 12. Israel helmet mandatory for under 18 on inter urban
roads. Latvia under 12. Malta under 10. Slovakia under 15. Slovenia. Spain I can go on. Sweden helmet required under 15. South Korea under 13. Canada, you know, various uh provinces, but most of them
are under 18. I'm just saying when you start to examine other jurisdictions, there's a reason why they have helmet laws and it reduces healthc care expenses and more so reduces agony and suffering of not only the child but the
parents, the family, the siblings, etc. So, I strongly encourage helmet wearing for uh children and even for adults using these devices that are speeding down our roadways uh and sometimes packed with uh multiple passengers on
these small scooters. So, anyway, thank you for your time. >> Thank you. I see no one else in the audience requesting to speak. Would you like me to call the RO? >> Mr. Mayor, >> call the RO. Call vote.
>> I have a motion by Commissioner Bot, seconded by Commissioner Suarez. Commissioner Magazine, >> yes. >> Commissioner Fernandez, >> yes. >> Commissioner Suarez, >> Commissioner Matteo Selenas, >> yes. >> Vice Mayor Dominguez, >> yes. >> Commissioner Bot, >> yes. >> Mayor Miner,
>> yes. Second reading, public hearing scheduled for June 24th. The motion passes. That was item R5A. >> Thank you, Commissioner Bot. call the boards and committees. >> Yes, sir. Everyone should have a blue paper with
them. Uh there are for every nominee there's one seat so there's no competition. >> I move them all. >> Second. >> Have a motion by Commissioner Fernandez, seconded by Comm uh by Vice Mayor
Dominguez. All in favor, please say I. I. >> I. >> Any opposition? Hearing none. All the appointees are made. >> That was item R9 B. Let's call uh C7 AI.
C7 AI is more C7 AI is moratorium on adoption of ordinances to increase water, sewer, storm water rates. The C7 I AI was separated by let's see uh Commissioner Bot
and uh Commissioner Mattels. >> Um I pulled this item. Um I I think it is uh a dangerous precedent to adopt an uh a moratorum on something before we've even discussed the the item
before us. Not before us, but the item in question. Um I I think it's a very complicated issue about how we're going to pay for our infrastructure, our critical needs projects. Um, and to preclude us from even having the
discussion before we've had the discussion. Um, I I I I find that concerning. That's why I pulled it. >> Mr. Mayor, >> Commissioner Fernandez. >> Thank you. And I just want to make sure that we are clear about what the item does. The item doesn't prohibit
discussions. I'm not sure where where where in the item it mentions uh discussions. I think when we look at the title speaks to the adoption of ordinances and this body certainly is very is very much able to engage in
discussions the way that it has been engaging in discussions whether whether it be at the finance committee or the budget retreat that that was held or whether it be the robust discussions we've had on this day uh as recently as
our as our last meeting. But what this is speaking to is realizing and understanding the fact that it's very expensive to live in Miami Beach right now. Um we are in a in a period of time
where where where the economy is working against a lot of the very residents who will also be affected by the impacts of water and sewer and storm water rate
increases. Residents living on fixed incomes on social security checks. uh condo owners who bought in our city under a completely different framework of state regulations that today are facing increasing insurance costs.
They're facing increase in assessments. They're having to meet reserves. Um homeowners who who too are facing single family homeowners who too are also facing the increased costs of of of
insurance. uh who who have seen um their their tax bills go up over over time. Even though um we we we're not raising the millage rate, but they do end up paying paying more in taxes. Um there is
a lot that is that is working against our our residents. It doesn't prohibit this body from having discussions. We're very capable to have those discussions. We're also very capable to identify what other means do we have to deliver on our
critical infrastructure. How do we how do we move millillage um within the tax bill as Commissioner Suarez has proposed uh so that so that when we tax our residents, we use and we
prioritize those dollars on the infrastructure and we don't go back and build them now a second time on something that could end up costing our residents over $1,000 a year in increases by by by by 2037.
And this is concerning because year after year after year, it's becoming more difficult for our long-term residents to live in our city. And we love to speak about the wealth that moves to Miami Beach and the
billionaires and the celebrities and the high-end restaurants and uh and and and the financial firms that are coming into our city. But we also serve individuals who are poor, individuals who are
elderly, individuals who are who are dealing with uh with with with what was published this this morning on on the Miami Today on the Miami Today. Um you know, they were reading they they were
writing about the cost of living. Nationally, gas prices jumped 28.4%. 4% over the past year with South Florida hit even harder where we exceeded the
national increase. We're at 34.2% on the CPI for for for gas prices significantly higher than the national average. And then um
the cost of housing the cost of housing continued to outpace in Miami compared to the to to the rest of the nation. Food costs increased significantly locally and nationally as well. The cost
of med of medical care went up significantly. The cost of transportation went up significantly. And this is all stuff that was reported this morning on the Miami today about the about the impact that CPI is having
on the cost of living of people here in South Florida. Now, there's a lot of things that that local government cannot control. We can't control private insurance companies. We can't control assessments.
We can't control the price of gasoline or the price of milk and bread and eggs at at the at the grocery store, but we can most certainly control how we currently use the revenues that we currently get to meet our critical
infrastructure needs. And we can certainly control whether we pass along the burdens of an aging infrastructure system through utility rate increases to the residents and taxpayers who I feel a great deal of responsibility to protect
from further financial burden. Um that doesn't prohibit us from engaging in in in discussions because I think we we always need to think innovatively. You over time I've been speaking with the city attorney's office you know about the possibility. Is there is there a way that that you know special taxing
districts and neighborhoods I really want to move forward with it. Is there a way as Commissioner Suarez has put forward where where you move the millillage you you are already taxing our residents a certain amount. How about if you move that same millillage
less from from the general fund and moving it shifting it over to capital so that so that so that you can meet the critical needs of our community without going back and dipping further into the pockets of our financially strained families who are going through a tough
moment in this economy. and and through the vice mayor because I'm the co-sponsor on this. Um 100% agree. And the issue with raising water rates, it's it's a regressive tax. So if you are on a fixed income,
you you're you're paying above and beyond what you normally would uh at any other period. While if it for what I'm proposing based on a millillage and your property taxes, it's
progressive. It's it it it's going to speak to how much your property is worth. How much can more can you pay? But if you are on a fixed income, if you're living at Rebecca's Towers and then now you have to pay double what you were paying on water bill and you don't necessarily see that, you know, I don't
think that's fair. You know, I I know we have like West Avenue, phase three, First Street, Northshore, Normandy Isles. These are projects that are not just pipes in the ground. They're also landscaping. They're going to they're going to make the area
substantially better and of higher value, which is great, but that should really come from a property tax, not a tax across the whole city where we essentially double the rates in in four or five years. So, I I I totally
understand that it's a lot it's very easy to say no. Um, and that's why I put forward a a an alternative to funding these projects. And I think this is the much more
equitable way to to fund these projects as opposed to taxing everyone with a regressive tax with a as far as a shotgun approach. And you and I appreciate Commissioner Fernandez co-sponsoring me on this uh
because look it would have been really easy for me to come in here many of us to come in here and say no but without offering a solution. So Commissioner Bot uh to your point uh obviously this is going to be fleshed out at committee. Um
but I I am I am offering a a path for us to >> but that's a different item. This is the moratorum. >> Yeah. and to I think it's only six months, right, Commissioner Fernandez? >> Referral. >> Yeah, let's call your item since we're talking about it. >> We should call it together. >> Let's call it together. Okay.
>> The item that's being referred to is C4T. >> It's a referral. >> It's a referral. Referral to FK fund uh residency neighborhood infrastructure dedicated capital mill. Uh and it's being co-sponsored by Commissioner Fernandez. It's being sponsored by Commissioner Suarez. You have a copy of
it on the days. And and just to just to recap, look, we we have a certain mill for capital uh infrastructure. We have a certain mill for um general general operating.
But I'm proposing and not to you know ruin the surprise for our finance committee is just we reduce one and reduce a millage for one to gift to another. And I believe we need about $11
million a year for 8 years extra to fund these these projects. And what I'm proposing is about 15 million so that we can also still lower our our taxes. I understand that we're not going to possibly be able
to do the roll back rate, but there's still going to be cuts to be made from one department to fund another department. Um, so that's that'll be flushed out at discussion. But what I want my colleagues to know is, you know, I've proposed a path for us to fund
these projects um and in a more fair and equitable way. And I and I think we can do that over the next couple months. and Commissioner Sars, I'm co-sponsoring that because, you know, we are already taxing our residents and we and and we have a $1
billion pro uh budget and the way that you are proposing it, it makes sense because within those $1 billion adjusting the millillage and shifting is prioritizing the dollars. What is the bare essentials? You know, we talk
about, you know, public safety, we talk about cleanliness, critical infrastructure is among the essential functions of our city government. And we have to make sure that what we are collecting in taxes is dedicated to those priorities which are
the essential functions of government. And then once we meet that then we you know continue building upon all the other services that we provide. But we first need to prioritize the core function of our municipal government without having to go in and double dip
our residents through a rate increase. >> Exactly. >> Commissioner Matteo Selenus, then Commissioner Bot, and then Commissioner Magazine. >> I just I pulled this because I just have a question. Um, and I don't know how feasible this is, but is it feasible, I guess, um, Mr. Attorney, to do a geo bond for uh, water and sewer increases
and to fund infrastructure projects? What would that look like? >> That that would be feasible. It would require a referendum of course >> but we could do that essentially. >> Well, Commissioner B and Commissioner August. >> Well, can I answer >> uh if you're answering yes? >> Yeah.
>> There's two types of bonds. One is a geo bond. This is a revenue bond, right? So, when we talk about raising rates, it would be issuing more or less bonds. But it's not called GEO because it's from an enterprise fund. This would be a revenue
bond that is specific to these enterprise funds. So, more or less it's this it would be raising a bond, but that's essentially what we're doing here. >> But but it I I specifically want a a
bond that goes to the electorate so that way people will have the opportunity to voice if they want to tax themselves or not. So that way it's not on us to pass a tax. And if they voted down, they voted down. >> It's not a bad idea.
>> So that was what I wanted to bring up and and to see if I if you all would be in agreeance of that and maybe get something on the ballot for the fall, >> you know, just just >> I was >> sure >> through the vice. >> I don't know who was next. >> I was. >> Yes. >> Commissioner thought
>> I am very interested in the proposal that you're bringing, Commissioner Suarez, and your co-sponsoring. I'm I think my frustration is that we are making draconian moves with this moratorum and I know you and I have a difference of opinion on this without
having had the conversation yet about how to get the funds we need for the work we critically need without double dipping on our residents. I think we're unified all of us on this commission that we do not want to hit the residents
who can least afford it the hardest. My concern is that we haven't had those conversations yet. And what I'm reading in here in the last paragraph is that the moratorum cannot be repealed unless we have a recision of the resolution by
57's vote or we have a public safety emergency which is a catastrophe. Um uh you know I can imagine a condo building where the sewer system fails. Hello Kalera. Like you know do we really want to be doing that to our residents? I don't. um or having a a consent decree
put upon us by the county, the state, the feds. I don't know. To me, that seems very draconian. And it and I understand where you're coming from. I get it because we've had we've sort of danced around this, but because we haven't as a body had the full presentation from John and from Eric and
from um from Jason about how we can effectuate what we need to get done in a robust open conversation. We're effectively taking that off the table. I love the fact that you've got something going to FK. I think that's a great starting point. But to then but to put
this out there and vote on this first I think is putting the cart behind before the horse and scares the crap out of me. No pun intended. Um it really does. And I know where it comes from. I know you I think everybody on this commission is really concerned because cost of living
in in Miami is high under the best of circumstances in Miami Beach is under best of circumstances. and we see our our our friends and our neighbors on fixed incomes or folks who have lost jobs or whatever really struggling. Nobody is trying to punish anybody. We
desperately though cannot afford to not move forward with these projects. I'd like John, if you don't mind, to come up and talk about that a little bit. So, you respectfully I I understand where where the the goal is on this. I think it's too early for this. I would I would make a motion to defer this until we've
had a little bit further conversation. We hear the item at FK, we hear from John, we have some conversations and if in a few months we're like, you know, we talk about having a geo bond that goes to referendum and if we're still like haven't come to a better place, I then
then maybe we talk about a moratorum. I I I this scares me to respond to you and I and and I appreciate that we've been having this discussion fully but we this city commission has been discussing water and sewer rate increases for a number of years now and
we haven't done it because we the impact that this will have on the lives of our residents and I like the idea and the creative thinking of of doing a referendum for a bond on on our residents. That's attacks. That is
attacks will get passed down to the very same people who we are trying to protect. And what I like about the idea um that that's that's being referred to to to finance is that it's it's about
prioritizing our dollars that we are already taxing our residents. is not going and asking for another tax or millage rate on our on our residents and and it's not increasing the water rate
on our residents. It's it's about saying we are already collecting money from you. How do we rep prioritize it to the critical functions of our municipal governments? Um and and and I think that
a city of our size with a $1 billion budget should really be able to function within that. And it might mean that for a certain period of time in order to prioritize the essential basic services of municip municipal government, we
might not be able for a certain period of time to fund some, you know, extra luxuries that we pay for. But every every budget, even household budgets do that. If you realize you need to you need to go in and you need to fix your
roof or you need to fix your seaw wall or you need to you need to address other other issues. You might forego the luxury of going of going on a trip. You might forego um you know you going out
to special dinners or or whatever it may be. you rep you rep prioritize your budget to accommodate that and and to me this is our very basic responsibility and we shouldn't be charging our residents more whether it be through a
new tax or through a water and sewer increase when we are already collecting from them significant amount of taxes >> respectfully I would suggest that the reason we're in this situation is that and I correct me if I'm wrong Eric and Jason is
previous commissions have not done this have not done this in 30 years. And that's why our rates are woefully antiquated. If we had been keeping up with inflation, we would be in a much better position. Um we have not done the work for decades. We are at points of
critical failure just about. We're going to lose millions of dollars of grant funds if we don't figure out how to do this. And so again, I come back to the fact that we need to have the conversations and figure out the ways to do it and and look at the the the item
that you guys are bringing to Furk and and see what everything is going to cost. But to do this with those three choke points, 57 critical emergency or consent decree seems draconian and a and a terrible precedent is set. And I would
like to see John and Eric, I'd like to hear what you have to say in principle. And John, I'd like to see where we are in this. I I I I really think this is um dangerous. >> And before the city manager or public works director speaks, you know,
Commissioner Bot, you bring up a good point that the previous commission has not brought up >> commissions. Yes. Commissions, you know, decades, right, to to a certain degree. But they also have not prioritized
their spending, right? And and and I think that's the more responsible approach to how to fund these these projects. And I think what Commissioner Fernandez's moratorum is there is the item the intent is to
force the administration into prioritizing and also us into prioritizing where do we spend our money. I don't particularly like trying to borrow money to spend for today. I I don't think I'd be in favor of a of a bond of another geo bond because that
just means it's another tax that everyone's going to have to pay. I would rather focus on the billion dollars that we have every day that we have every year and prioritizing where that goes. And similar to what Commissioner Fernandez says, yes, there's going to be
some luxuries that, you know, I think we're all going to have to feel the pain on, but the core tenants of government, of just basic local government, public safety, sanitation, infrastructure, and you know, we are very, we're the only
city in Florida that has lost residents. Yet, our budget keeps on going. You know, we're a billion dollar budget for 80,000 residents. That's like unheard of. It's crazy. So I think this is I think this is a good I think this
is a good position to be in where we are not only forcing the administration but we're forcing ourselves to take a deep look and say where do we want to prioritize our billion dollars every year >> and I feel like we can do that without
the draconian measure that 57s or a critical and I wanted to follow consent decree >> and respectfully I wanted to follow up and I think and I'm not going to put any words in anyone's mouth, but there is another item on this agenda to allow the
city staff to put items on the agenda where they they for example Mr. Manager can put on an item to say, well, we want to increase the water taxes and I think that this moratorum is going to be able to prevent that even if that
item passes. And so I think this is a fail safe for anything that gets passed today or in the future until we prioritize our spending. So I I'll let Commissioner Fernandez speak to that. >> I agree with you 100 100% because you
absent us adopting this, we will end up with an ordinance before this body to increase water and sewer rates. If if the if the other ordinance that's on the agenda passes, I would give chartered officers in our city the ability to
place uh an ordinance on the on the agenda. And as someone like all of us, we all represent elderly people, people working multiple jobs, uh people feeling the stress of of of the economy.
They cannot deal with another increase. and and I've been and we've all been getting the emails and I've been getting the emails. This goes directly to people's quality of life. We take pride on this commission to focus on the
quality of life of our residents. We do take great pride on that and each and every one of us take great leadership in advancing the quality of life of of our residents. But for those who are not wealthy in our city, for those who are
not rich, for those who are not in multi-income households earning hundreds of thousands of dollars, this will go directly to their quality of life, to their ability to continue living in our city or to even afford rent in in in our
in our city. And using water, using the sewer system, it's not a luxury. You can't you you can't choose not to use it. And we just we have to be just incredibly mindful of that. You might choose not to go to dinner. You might
choose not to buy a new car. You might choose not to go on on vacation. You cannot choose not to use the water and sewer system in our city. >> Through the mayor. >> Yeah. Uh, you know,
>> I'm gonna call time out because I Joe Mag Commissioner Magazine has asked he was next in order and I've let it go on for a while. Commissioner Magazine, then Commissioner Matteo Selena, Commissioner Bot, then let's try to get to a resolution on this because we got still a lot of items to get through. >> So, I appreciate uh the debate, the
discussion. People bring this item. I'm going to be voting uh with this item, but I'm not going to be wishy-washy about it, and I refuse to let us be. >> Okay. It sounds like good efforts. Oh, we're going to find money somewhere else. We
are not. These are big projects and they're not one-time projects, right? You can't do this by saying, "Well, we're going to try and save $5 million next year and maybe next year we'll save three and the year after that." The reason you need these rates in place for
projects like this is they're not paid over one year. they are paid over time and you need a predictable revenue stream and trying to get that revenue stream by finding cost efficiencies in other areas is not how these projects are funded. That is municipal finance
101. So I will if this is what the residents want and that's the will of this body, I will vote yes on this moratorum. But I refuse to be wishy-washy and tell people well we're going to do uh first street. No, we're
not. We are not. Okay. So, let's be honest with people. Let's be honest. I will say I'll vote for this moratorum, but I'm not going to go and promise that we're going to do First Street because we're not. So, let's take the stupid cones that are they're prepared.
Actually, I think we have a separate ordinance for that, right? >> And just be honest, okay? I don't want to not pave roads for the next 15 years because we're waiting for these projects in perpetuity. Okay? So, we can explore
how to save money and we should be doing that all day every day anyway. But correct me if I'm where I'm wrong in this or any of this. But let's just be honest and say if we are going to freeze
our rates, this is the consequence of doing so. We know the benefit. We've articulated it all very well. It is saving our residents money that they need to have. Okay? People are being pressured. People are being crunched. We've heard from our residents loud and
clear via email that this is what they want. Okay? They want a pause on rates. But I will not talk out both sides of my mouth and say, "Well, don't worry. We're going to pause your rates and we're going to go over to my committee and
we're going to find $25 million every year for the next 20 years and we're going to do all these projects. We promise you. So, John, list out the projects and their costs. We have funding, just about the funding for West Avenue phase 3, but then I want to go
through the projects that are up in line. talk about the size of those, how much they are, and these are the ones, to be clear, we do not have funding for >> or that we're going to lose our grant money for. >> Excuse that we have our we do not have
funding for and we're not going to essentially have any any certainty to go forward on these because we can't just do so with this hope that we're going to find year-over-year cost efficiencies. That's
not how these projects work. You need certainty in the years going forward and a dedicated revenue stream, right? And without that, you can't do these projects. We can't do a multi-year project for $100 million. West Avenue was $100 million. You're never going to
save that in one year. And you can't start one of these projects until you have a full dedic uh full revenue stream. You can't say, "Well, we saved $10 million this year, and I hope for the next 10 years we'll save $10 million each year." because that's how you
essentially start a project in two years into it, you have to abandon it because you lose money. Okay? So, let's at least have all sides to say this is what we're voting on and and that our job is difficult, right? It is never easy that
you can have your cake and eat it too, right? So, we're going to say, I know I'm going to say because I've heard from my residents loud and clear, yes, we're going to pause our utility rates, but I'm not going to say, but don't worry, we're going to move I think
it was my predecessor that said shake the money tree and find money to go do First Street and then find money to go do um Normandy Isles and the other ones that we have um you know in place and ready to tee up. And the second, this is
somewhat of a tangent I'm going on. I'm just going to say to move on. There's no response. But we sit here and rightfully so because so many people in this city and this country are pressured by costs.
There's one single cost that impacts our residents 10 times more than any of us. Right? Over I think half of our city are renters. >> Rents have gone up two/3 rents have gone
up over 100%. When I moved into the Floridaidian 10 years ago a 22 on the Bayside was $2,500 $2,600. It's now $6,500. $7,000.
families from my daughter's school gone. My friends, young professionals, gone. My daughter's mother that's the hardest worker I've ever met in my life cannot afford to live in the city where her
daughter is being raised and going to school because we refuse to do anything for housing supply. Anything. There is one simple way to help housing costs and that is facilitating housing supply. And
we have failed disgustingly. All of us, me, every single one of us. We've talked about it and we'll sit here and make these changes around the edges to save people 25, 30 bucks a month. Great. People need every dollar they can
get. But people's rental costs are going up hundreds or thousands of dollars per month. So, we're going to pass this, but I'm not going to walk out of here feeling good that I saved everybody all this money because I know every single month
people's housing costs are going up. And we have so artificially constrained the supply of housing in the city, perhaps more so than anywhere else on the face of this earth. And we talk about it. I've talked about it for 10 years when I
was on the planning board, when I was in the neighborhood committee. Yes, we're going to do something and we do nothing. And that is what is killing people. That is what is causing people to move out of the city. >> Is it hurting people an extra 20 or 25
bucks a month on utilities? Yes, every dollar counts. But that's not why people are taking their children from school in the middle of the school year to move out of the city because they can't afford the cost of their new lease.
So, we don't have to get into a drawn out conversation about this because I know it's not the focal point of this item and we have a very core discussion that's important in front of us on the rates. So, I'll bring the ship back in and talk about that. So yes, I'll be f
voting in favor of the moratorum. I will ask for a collegial discussion on whether the vote to undo the moratorum is better at 57ths or
47ths. I'm not strong one way or another. I do kind of feel if you have four people sitting there and willing to raise their hand and vote yes, I'm ready to raise your taxes. That's probably a high enough threshold that that might do
the trick, right? But I'm not dogmatic about that. I I'm happy to hear debate uh and things like that. Um but I do want to hear from you, John, that I won't be wishy-washy. I'm going to own this decision. Okay? I will own this
decision. I'm going to say I will vote for this rate moratorum. I'll even co-sponsor it. actually, but I'm also going to be very clear, upfront, and transparent about what we will not be doing. I'll turn it over to you. If
>> uh before you speak, John, Commissioner Mateland has asked this. Uh >> I just I actually want to echo you kind of took the words out of my mouth, which I appreciate. And then John, I do want to hear from you, too, because every time we get these emails that said that says we don't support this the sewage rate, I want to say, well, which project
do you which neighborhood are you going to take this out of? which is it going to be your neighborhood or your neighbor's neighborhood or you know and it's but people don't get that side to it you know and I and I wish we could better educate them that this is this is you know John and I'd asked you for a list of all these projects this is what
we're we can't pay for are these infrastructure projects um so it's it's not just as black and white I I just feel that people don't know that we we want to raise these rates and yes affordability is an issue here but we're not just raising the rates to raise the
rates We're raising them to pay for these huge infrastructure projects that some people want in their neighborhood. And we've already been getting some emails saying, "Well, how is this pump station going to get in? And how are these pipes going to get replaced?" And we just had a water mane break at Dade and and Prairie and we had a sinkhole and we damaged a
million-doll fire truck that we fell into the sinkhole. And the last thing that I want to point out, and John, I want you to go over that list, too, is that to correct the record, we don't our our budget doesn't service just 80,000 residents. Our budget also ser services ser services ser services the tourists
that come into our city which at any given weekend can be 250,000 people or more depending on what event is happening. I mean I don't know how many people were in our city for F1 or for you know how many are coming in for FIFA but our our our sanitation they they
clean the streets over there in in the tourist areas and we have businesses over there and so it's not our budget is not just the 80,000 residents that live here. Um, it's also the tourism that also generates revenue from our resort tax dollars, but it's, you know, we we
have to take care of everyone that comes here. We need police. We need first responders to respond. We need our lifeguards to keep our beaches safe and our swimmers safe. So, there's a lot that goes into this and it's not just the 80,000 residents. It's it it could be up to a million people.
>> Commissioner Suarez, >> thank you. And and I I just kind of want to bring this point home is that we have a billion dollar budget. I think we need to prioritize how we spend a billion dollars.
I don't think raising a having a regressive tax double over the course of five years is responsible is a responsible way of governing for projects that need to be funded through a capital
uh improvement fund such as a a millage rate. And so, Commissioner uh magazine I and I know I just put this on everyone's desk today, but that if we change the rate, the millage rate on the on the capital
um on the capital improvement fund, that's permanent. And you know, we could potentially bond out to that if we needed to, just as if we would do for a water u tax, but it's more progressive because it's going to
be for people that if you have a much larger property, you're going to be paying more in taxes. If you have much less property, it's going to be paying less in taxes instead of a fee across the board for for everyone. And so, um, there is a path and
I I think we we can we can certainly do that. Last year we had $11 million, which is exactly what we need every year to fill to for the next eight years to fund all of these projects that is on this list. So, I I just want to bring
everyone back to to the to the same place. It's it's not I think the intent of this is not saying we don't want to do these projects. It's it's it's saying to us and the administration we need to prioritize the
money that we already have for these projects and we're going to have to give up some luxuries that we we have traditionally liked over the the last couple of decades that may not be available to us at least for the next eight years while we fund these critical
infrastructure projects. Commissioner Suarez, you mentioned something. It's so on an annual basis, the city needs to come up with about $15 million. That's that's what you mentioned >> around around 11. >> John, now the uh debt service actually
starts around 6 million because we would be issuing debt over time and it ends at about 41 million per year by the uh year 8 point of these projects. >> But over the annualized over the next eight years, what is it? annualized over the eight years. I think it averaged out
to be somewhere around 15 to$16 million. Okay. in a1 billion dollar budget. I think it I think it's I rather us repprioritize 15 million
16 million in a $1 billion budget than asking our residents to repprioritize this money in their in their budgets because someone is going to have to rep prioritize. Uh and and I rather us We
have the money. We just have to decide in order to prioritize this infrastructure within the capital budget and shift some of this millillage from our general to our capital. Okay. Then what is it that that we can't fund on
the general side in order to prioritize what we all feel very strongly about without passing passing that onto onto our our residents? Okay. And Commissioner Suarez, I agree with you.
>> We all want to do these infrastructure projects. I'm saying myself that looking at saving people this money versus the infrastructure project line and even sponsor this where I'm saying at this point in time now, it's more important
to save our residents money. >> Let's hear from John. >> John, >> good evening. John Norris, public works director. I I really do appreciate having this conversation. I'm really happy that I'm here. My concern right now is timing. Time is of the essence.
We are celebrating public works week right now. And I want to explain to you real quick how that started. Friday, we had a 6-in water man break on 10th in Uklid. They finished at midnight.
At 2 am, they got home. 2 am. They got dressed. They came back for a 20-in transmission mane cast iron that the side blew out of. The hole was that
big by 20 in. A fire truck fell in the hole. I don't know what the fate of the fire truck is. We had a big rain event on Sunday. I got calls from many commissioners on
Sunday. I did not stop on my phone from 7:00 till 100 p.m. responding to flooding calls. Is the pump on? Is the pump off? This temporary pump that we have sitting here. Why do we have it here? I don't want it in my yard. Wait,
we're flooding back here. These are the conversations that I'm having on Sunday. I can't tell the residents we have a solution anymore. I can't do it.
The only response that I have for the residents is we don't have funding. So then Sunday evening, we had an incident on North Bay Road. The gravity sewer mains were backed up once again.
Our crews left their homes, came in. It was not a clog. No, the sewer wasn't clogged. It was sircharged. It was sircharged because it is an aging line that gets infiltration and inflow
that fills with groundwater and rainwater. So, what did our guys do? They pulled all that water to the pump station to make room for the sewage to go from those houses on North Bay into that gravity line. They're just making
space in the line temporarily. So, they get home, they wake up Monday morning, nothing Monday and Tuesday. Wednesday, 12-in water man break at North. >> Let me John, let me stop you there for a
second because I get what you're saying, right? And and and respectfully, we understand that there we have aging infrastructure, but that's not the debate here. We're not here telling you that we're not we don't take these concerns seriously. What we're debating
is prioritization. Where are we going to get this money? I don't want to get I don't want to have to double the water rates in the next five years to pay for these when I believe the these infrastructure projects should be paid through our
millage of capital improvements where we can have to forego some of the um the millage on on the general operating fund and we're going to have to make cuts. But my point was timing is important
here and what we're talking about is pushing >> but this but this water rate is going to double in five years. So what at least what I'm proposing can be can can be implemented in the next couple months after through through committee and and
one or two readings if w with what you're proposing with the water rate increase that's going to happen over the course of 5 years. So, it's not like if we pass this things are automatically going to be fixed tomorrow. It's going to take a tremendous amount of time and
we're struggling with how do we tax the residents for this or do we tax the residents on this at all or do we prioritize where our funding is. So, it's really easy to say and let us know about all of these issues about critical
infrastructure issues failing across our city. It's very easy to to to do that. We're we're put in the hard position of where do we find the money? And again, we understand the timing issue, but even if we were to pass this increase in in
water bills that are going to double, it's not like magically it's going to happen tomorrow that everything gets fixed. It still takes a tremendous amount of time. So, you know, respectfully, we're I I mean, I I I I think we're
going to pass this referral. Okay. It's going to go to the commission. I I would like everyone at the commission I would like everyone at this commission >> to be present at that finance meeting so that we can really discuss this >> and hopefully fasttrack a solution to
this that doesn't require a reg a doubling of a regressive tax. And you know when I do the math it's $106 million over the course of eight years but you got to subtract this the CPI which is $18 million. So the delta is 88
million. 88 divided by by uh 8 is 11. So we need $1 million every year for the next eight years. And I think we can do that. I think that's very possible to do that through a millage rate change.
>> So, you know, I I don't I don't like >> Okay. >> I don't appreciate the city administration giving kind of this like doom and gloom situation. if you don't do this, if you if you don't tax your most vulnerable residents, you're going to have all these pipes breaking. We get it. There's it's an old it's old
infrastructure, but you know, we're going to find a way soon to do this where we think it's much more equitable and and responsible. >> Commissioner Bot, then Eric wants to
speak and let's bring this home for a landing. I would like for for everybody who's watching or will watch or read newsletters over the next few days, I would like with all due respect to my colleagues, I would like you, John, to
explain the cost of each project and Jason for you to tell us if we somehow actually have the money in our budget. And I am very excited to go to the FK meeting and hear about how this can work. I think it can. I That's not the
issue. The issue is that there is no clarity in the public at the moment about what is at risk. And I will tell you what's more expensive than a $12 rate increase. It's getting a new pickup truck because
your truck that you rely on to go to work and to bring your kids to school and to pick your mother up from her adult daycare because she needs help has now fallen into a sewage sinkhole like what happened in North Beach a couple of years ago. So, John, if you could please
and Jason, if you could John, go through the list and also please let us know if there's grant money that's at risk. Um, and Jason, if you could also just give us, you know, what the money I I don't think we have the money at the moment. So, I'm I'm not
sure that I I would like that corrected for the record because I'm not the expert on this. You guys are. >> BJ, could you put the presentation up the one page? Thank you. >> So, commissioners, you all have a copy of this. This is a list from most
expensive to least expensive. And you can see the neighborhood improvement projects are up at the top. >> Yeah, no one's going to be able to read this. >> And my point in what I said is it we don't have answers for the residents
if we don't have a plan moving forward. And I go out to many residents homes and I tell them we've got this project. It's going to solve the problems. And without a funding mechanism for these projects, we no longer have those
answers. >> Jen, do we have funding for any of these? Uh, >> I just noticed West Avenue phase 3. I see the cost, but I do believe that we have a lot of funding for that already. Correct. We do and we're not short very much on West Avenue phase 3. But I think
if we don't have a rate increase or a funding mechanism moving forward, we need to reassess what funding we have allocated to certain projects because we're going to be responding to emergencies constantly. And emergencies are much more expensive than planned
projects. So, we really need to reconsider what our contingency and what our reserve is if we don't have funding to move forward with these projects. >> And what is the grand total of this? >> I believe over the I know over the I
think the 8-year program 27 through34, it's about $1 billion between water uh sewer and storm water total capital needs. Um now some of that would obviously be funded through um PGO cash as the fund itself would uh be be able to throw off some of it. So it's not a
full $1 billion dollars would need to be borrowed. Um but we would obviously have to relook at the model if we were going to go in a different avenue. I think there's a lot a lot of different ideas that are be put out here and I think there'll be a robust discussion when it goes to finance. I think just to just to restate because there have been a few
questions where is it legal to do this from a general fund perspective and a geo bond yes the answer is absolutely uh is it uncommon yes but it's not unheard of uh I think city >> can I stop you there I guess structurally >> these projects you don't pay for it in
one year so >> confirm my thinking or tell me where I'm off and I think commissioner Suarez it's a it's a good it's a good it's the only way that you could even go forward in these projects
if I'm understanding your proposal right is you actually take the millillage that's dedicated to the general fund which is how how much roughly what's the >> total our total millage is 58 I think
six between all four mill >> and put it dedicated whatever the math works out to be >> so you have dedicated funding in the storm water wastewater utility project
then our pro because that's the only way you can go forward with these projects. You cannot do it with this promise that each year we're going to save you $10 million, right? You need a dedicated recurring revenue stream over the course
of eight years, not just a promise that we're going to try and find efficiencies each year. So the only way it would work is if we take millillage from a general fund and put it dedicated into the storm water wastewater. That provides another
set of problems for us, right? Yes, we are able to then with a little more certainty go forward with these but then we have uh you know we have to balance our budget. So we have to do so on the back of the general fund each and every year.
And and then just and I want to expand upon that and I'm I'm and I want to let my colleagues know that >> you know we all pass the roll back >> rate, >> right? >> Yeah. >> I'm even willing to say
we I I look, it would be great if we could pass the roll back rate. We don't pass uh any more taxes on water increases and and everything stays the same. But it's not unfortunately that's not the world we live in. The city administration was already considering
cutting 25 million from the budget, right? To accommodate the roll back rate. >> How much? I think >> a good middle ground is to say instead of 25 million, we'll do 15 cuz I believe
it's around 11 that capital needs and then four is going to be we're still going to lower taxes as 4 million less than we would have otherwise. And
that way we can tell the residents, we're prioritizing our city fund, our city budget for capital improvement projects, and we're still going to lower your millage rate just a bit so that you're not paying
extra above and beyond uh what you would have paid normally. So because I don't think it's I think it's going to be impossible to lower the to lower to have pass the roll back rate and do a another cut from the general fund to the
infrastructure fund. So there's many ways to you know tackle this problem. Um and and Commissioner Magazine it is the only way to to to really do that because it's certain there's a certain there's
certainty in it uh and as far as funding and it's at the end of the day it's it's just $11 million. I mean we gave $1 million last year. >> So um um okay we got we got less than an hour left and and Eric wants to speak. I
got to bring this home for a vote. I think I think the votes are clear we're going we're going to be speaking at finance about this at length. >> I I just >> I just I've been waiting patiently to weigh in on this, but I think what we really need to look at and I agree with everything that's been said on the DEA
so far that we need to look at ways to tighten our belt, >> that's incumbent upon us. We're working through that as part of the budget process this year. I just want to make sure that everybody's of the understanding that that's going to be a chunk of money, but that chunk of money
is not going to replace the money that we're talking about as this. And so we're going to have a misalignment between expectations of delivery and revenue streams. And we're going to have to figure out how to fill that gap. And if it's not utility rates, maybe go is
an option. But not bonding is going to be extremely challenging because what bonding does is it gives us dollars today that we're then able to pay back over time as opposed to if I had tried to buy
my house on a cash flow basis, I wouldn't be in my house today and my house would is double what it was when I bought it 10 years ago. So if we try to cash flow fund everything it it's not going to work. We have to figure out
what is the things we have to fund have to build. I don't think we're prepared today to say definitively this is have to have but this isn't. I think we've done the prioritization process for the last 10 years because
every time we got to this point, it was go back and rep prioritize from 2016. That's the last time that we actually move forward on a bond issue and really moved on some of these capital projects. So, we need to make
sure that we all have alignment on what it is that we're going to put in the ground and then we need to figure out how we fill that funding gap. Okay, I know we all have >> it's not an 11 million. It like that. I just want to make sure because that seems like something we could figure out easily, but that's not the that's not
the amount. >> I'll be ve very quick quick on that. >> Yeah. But by the way, by the way, I just want you know I have a lot of comments to make too. I am not going to make them. I'm going to reserve them for this finance meeting because we we I I I don't think there's any more information that can be said today that hasn't been encapsulated in this argument. But Jason, I'll give you the last word and then we'll vote.
>> Thank you so much, mayor. Uh just Yeah. So again, a billion dollars over eight years and the if it's a payo basis, it's the the cash needs based on the prioritization and the phasing of projects range from anywhere from year 1 to like 80 million to 220 million. So
it's not 11 million. They're they're big numbers that are needed on annual basis. And we've gone through that concept discussion about intergenerational equity and why you bond things out for projects that give value over long periods of time, multiple generations, why bonds always make sense. So, but absolutely we could use general fund
dollars. It would be adding to the geo bond uh a a millage rate which we which we have um and that could be a commission priority every year and say if we had to add you know 25 mills to cover the debt service for this new geo bond let's have a goal of lowering the
operating millage by that amount. So that's something on an annual basis that could >> we'll discuss that at the next meeting and we can we can get there without having to raise the the rates. But yes, let's vote on this. two separate items. >> Correct. And I don't have a motion. >> I'll move it.
>> So, >> I'll move both of them. >> Okay. So, both on C7 AI and C4T, I have a motion by Commissioner Suarez. Seconded by Commissioner Fernandez. On both C7 AI, C4T. All in favor, please say I. >> Second.
>> We're timing. >> Okay. C7 AI. The moratorum. I have a motion by Commissioner Suarez, seconded by Commissioner Fernandez. All in favor, please say I. >> I >> I. >> Anyone opposed? >> Opposed. >> Opposed.
>> So I heard opposed by Commissioner Bot, opposed by Commissioner Mattel Selenas. Is that correct? >> And Commissioner Dominguez. So three nos and four yeses. I mean, my votes are uh no for
Commissioner Bot, no for Commissioner Dominguez, uh yes by Commissioner Fernandez, no by Commissioner Matos Selenas, yes by Commissioner Magazine, yes by Commissioner Suarez, and yes by Mayor Miner. So now on C4T, the referral, I have a
motion by Commissioner uh Suarez, seconded by Commissioner Fernandez on the referral. All in favor, please say I. >> I. >> Any opposed? Hearing none, the referral is approved. 70. That was item C4T. >> Okay. Thank you.
Much work to be done. C2D. C2D is a award RFQ 2026119 WG Byron Carlile Cultural Center Workforce Housing. It was separated by two individuals. Uh, Commissioner Bot
and Commissioner Mattel Selenus C2D. >> Commissioner Mataselenus, you pulled this item. >> Byron Kala. >> I Hi, Christie. >> Hi. Um, I had some issues with this and I wanted to understand a little bit more
about how this was rated when it went back to the committee and I couldn't read in the in the memo uh what the scoring was and how that worked out, but I know that there have been some issues
with this um award and I'd like to revisit it a little bit here. >> Sure. So to answer your question, um the RFQ contemplated um if a short list was
approved by the city commission, which it was approved in April, that when the committee would reconvene to re-evaluate the proposals, it would be based on the same criteria set forth in the RFQ. So the subsequent evaluation committee that
was held um just recently it was based on the same exact evaluation criteria. However, it was only for the three shortlisted firms which were all ranked um top ranked in the first
evaluation committee and what were some of the criteria that were used? So some of the criteria was the experience and qualifications of the proposing firm and team.
This includes the firm that was the bidder, the prime proposer. It also includes any other key team members. And then the next uh criteria was for the financial analysis firm that was
part of the team. So it was evaluating their experience and qualifications. Then it was also a their best practices. So the sections I'm going through is the tab of their proposals which is the information that they included for the committee to evaluate.
Um best practices and then the next tab was their approach and methodology that they've used on prior engagements to accomplish similar scope of work um and projects similar to what the city was looking for. and and and it and apparently the first
place and the second place there was a difference of one vote or one point. So the ranking um in the final evaluation committee was a it takes the
low aggregate scores. So what that means is each individual committee members ranking. So for example, if I was a committee member and I ranked vendor A certain amount of points, but they were my first ranked and vendor B a certain amount of points they were my second
ranked and then the next would be my third ranked. We total the ranking of the vendors of the committee members and so the final was 13 low aggregate for Brooks Scarpa. They landed in second
place, second ranked. Ker was a low aggregate of 17 points. They their rank was third place and Stantech was 12 low aggregate points. So they were ranked first. >> Okay. >> So the lower the aggregate the high the
better the rank. So the lower the aggregate the first rank and so on. >> And the first ranked where are they based out of? >> Give me one second. So it's Stantech and they group together with MV
RDV. They are in the state of they have a local Miami address but their headquarters are out of Denver, Colorado, but they do have a Miami office and do have South Florida presence. And the second place, where
are they based out of? >> The second place, just to state their name, is Brooks Scarpa, Huber Architects. And they are they have several locations from what I see here. Fort Lauderdale, Miami, Los Angeles.
Trying to get to their questionnaire so I can give you their They do have local presence also. So, what I'm what I'm understanding, I've had a couple residents reach out that were a bit disappointed that um the the um first
place because I guess they're not um based here the first place, but the second place is. So, I just want to revisit this a little bit more and see what we can do here. >> Mr. Mayor, >> Commissioner Suarez,
um I want to be clear. I support the Byron Carile bringing it back to life. It's a shame that it's in this pos in this current state. Uh North Beach deserves and needs a firstrun movie screen theater and a cultural arts center and Commissioner Bot and I have
had Sunshine meetings where we're going to hopefully do both. Um >> yeah, and but I just I just want to have I just have a little concern about the sequencing of this. Um my understanding is that if this firm is approved,
they will come back with a design contract uh in June or July for approximately 2.6 million. Is that correct? >> So the estimated design fee for the budget for the design fee is two about 2.6. Yes. >> Yeah. And and potentially more because
design fees are typically tied to a percentage of the total cost. >> Correct. Yeah. And so some of the things that I'd like to have answered and maybe this is why I think we're putting the cart before the horse is from my
understanding we had many discussions on how this is going to be f how this is going to be funded on a operating basis and I believe the idea is um housing units where rent payments are going to offset the cost of the cultural art
center which is >> operational cost >> operational cost which I'm in favor of. Um I'd still like to know what that model looks like before we have a design of it because I think you know we don't how
many units is that? Is it 100 units? Is it 200 units? And how do we tell that to the design firm before they start? How do we tell that to the design fir firm when we don't even know that ourselves and we're asking them to come up with a
design for potentially a certain height and a size u you know a scale. So without having sort of that basic information, how are we going to tell the design firm to design something
that you know we we don't necessarily know the economics? And look, I think that's some unanswered questions um that need to be answered before we move forward with something that's $2.5 million. >> Um and again, I'm not against this. I'm
not trying to slow it down. Um, I just want to make sure we're set up for success on this, >> Mr. Mayor. >> So, Mr. Mayor, if I could >> Well, let me hear from Commissioner Bot and then turn. >> My recollection, Eric, correct me. Daniel, correct me. We literally wanted
to have that conversation about a year ago and we were procluded from having that conversation um for very many reasons which I'm not going to judge up here and now. And we are going to have that conversation with the award winner
of this RFQ as part of what the next step is. So it will be um part of the preliminary discussion. There is no design for this project yet. It has not been designed yet. is this is an awarded
an awarding of qualifications for the team that we are going to use to design and develop and construct this project. We are already a solid year later than we had planned to be than we thought we would be than we should be arguably
more. I actually you're not wrong in wanting to have those answers but that's not what this is about. That's the next conversation with the people who get this award. What today is about is who gets the award. And I actually also pulled this because I have some very significant concerns about who is
getting this award. And I'd like to if with your permission pivot to that because those questions are excellent questions that will be discussed and figured out with whoever gets the award. So, just and I'm okay with pivoting, but just to make just to be clear, um before
we award any sort of money, especially in the millions of dollars, I certainly would like those questions answered, >> but we have to pay them to be our partner to create the the temp we're hiring. >> I thought this was to just approve them so that they can come back with a with with a
>> No, that would have been that would have been a consultant to give us the the answers to the question. This is we are now hiring these people to work with us to get to the finished product. Is that correct? Okay. Which includes the um
template of what how many units at what price do we take the seventh floor and that's all market rate price because it's got the best view. H that all is going to be the very next conversation after the contract is awarded. This today is about awarding the contract and the three people who were um shortlisted
because they were in a dead tie. We were supposed to have had this conversation last month but the three top um uh respondents were in a dead tie and that is what we are trying to get awarded today. So we cannot ask them to do the
work that we are going to embark upon together over the next few years if we don't award the contract and then finalize the contract and then start the work. And one of the preliminary things that we will be starting the work is how do we design what we want and how do we
put all the pieces together. Okay. And not to be, you know, Monday morning quarterback, but how does do these do these design firms understand that the housing component is a big part of this project where >> it was it was made crystal clear.
Correct. >> So was that part of the process then of the of the qualification process for these? >> Correct. They were advised that that was one of the interests of the city and actually that's why one of the tabs was specifically asking for a financial firm
that can do the analysis related to the workforce housing >> and and not to back up too much but I thought it was I thought we wanted staff to do also do that analysis correct because I remember commissioner magazine saying he believes in Daniel to do that analysis for us right I mean
that's what you get paid for so I I >> that was in the confines of the consultant discussion. >> That was what >> the consultant discussion when we were debating the value of having the consultant do that work. He was
suggesting that staff should do that. And then the compromise was to hire the design firm and have the design firm work with us on that concept. But with all due respect, because there are important questions, but that ship has sailed and that's why we are here now.
And we cannot get those questions done without awarding this contract which we should have awarded last month, but we didn't because we had three top contenders, three very qualified firms. And so I would like to talk about the
recommendation that has been put forth among the three top firms who are effectively equivalent for all intents and purposes. >> Well, that brings that that kind of ties into what we were just about to talk about is apparently these design firms
took into consideration these questions as far as housing and and and the economics of it. Did that play a pivotal role in your selection? >> They provided all their experience and qualifications. This was a request for qualifications. So they provided their
experience and qualifications related to the either workforce housing or cultural component. So they provided the in their proposals whether they were again the proposer, the design firm. They provided any projects that they may have worked on that were relatable to what the city
is requesting. So all of that was reviewed by the evaluation committee. >> So I guess we're back on the topic of the qualifications, right? >> Yeah. >> Okay. >> So for all intents and purposes, um these firms are effectively the same
minor minor discrepancies of some people thought this was better, some people thought was that was better. I would respectfully suggest that given that this has been a project that I was involved with since 2018
that they that has an enormous amount of um neighborhood concern and um people who have been involved with it for a long time are part of one of the bidding teams. I would like to
respectfully suggest that the person that the team that gets the award because they're the top three were effectively the same actually goes to Brooks Scarpa because they have been involved some of the team members have been involved for a good chunk of time
and I think that they would be the best stewards for this project going forward given their sensitivity to the neighborhood to the needs of the community for the history of how we've gotten here. And I would like to make that motion that we um accept that we uh
do not accept the administration's recommendation, but we go ahead and award it to Brooks Scoffa. >> Second. >> I mean, is that is that legal? >> Where's the city attorney? I mean, >> if it's the will of the commission, it
it can be. Um I would just ask if we can get clarification on if we were to negotiate with Brooks Bark Scarpa um initially and if negotiations fail we move on to Stantech and then we move and then we move on to Ker. >> That would be fine. M commissioner,
respectfully, you know, it went through a process and city staff agreed to put who was the first place? What's
the name? >> Stantech architecture. >> Stantech to to be the lead design. And I just think it's a little inappropriate for us just because we may have a relationship with.
Um what's the second what's what's the >> the second one with Brooks Scarpa? >> Scarpa. Yeah. That we kind of suspend that process and and go with a firm that we we we know. And listen, I'm not
saying that they've done they've done excellent work. Obviously, they did beayhore park and it turned out great, but I think it's starting to be a little slippery slope where we say, you know what, that we went through a process, we're going to now tell people who bid
on on our city to do projects that, you know what, because we're politically connected to this person or we know this person and they've done already a good job in one neighborhood, you know, we're going to just have to favor them anyways. And
>> I'm sorry. I'm sorry. I'm I'm I'm going to clear my name because I really find that that suggestion is not appropriate. >> That is not what I'm doing. I am reflecting the will that I've heard from multiple residents, from people who have been involved with Byron Carile since
2018. I I feel like if we have three people who are so good that we had to go to a second round of vetting, the difference is in millimeters that why would you not go with the organization that has desire
and history and a feel for what the community wants. I really resent the implication that you're making that it's because I'm doing a political favor for somebody. >> I'm not saying a political favor. I'm just saying that there's a conflict of interest and and
look, I mean, you cut me off and I'm I'm more than happy to discuss this with you. But >> look, I you know, I I I just think that we're sending the wrong message to people who and vendors who come into our city and say, you know what, we're
sorry. You know, you went through the process, won a second round, but you know what? At the end of the day, even though you you still got first place and whether how how how much of a difference that made with millimeters, yes, but they still got first place. You know, we're not going to give it to you
because be because of how we feel or we've got some emails that say that, you know, we like this firm. I I don't think that's good government. I think we have a process in place and people have applied
and it took a long time to do this and I just think it's a bad I think it's a bad look. I I think first place I mean >> respectfully commissioner we disagree with the administration all the time. We just spent how many hours talking about the sewer and water rates where the
administration clearly has a very strong opinion about what we need to do and we have chosen to take a different path. I I you know if I have a a conflict of interest because this was a thing that I worked on since long before I ever
contemplated being a commissioner. Well, I guess we all have conflicts of interest then on things that we advocate for because we have deep knowledge. If you want to make it if you want to make it fair, maybe they can just present they the top two can present to us at the commission level. I I there's just
no basis to say we should pick this person over this person. There's there's really no real basis for us up here to say that other than we know them, right? I mean they went through a pro they went through two reviews, right?
They went through two reviews. cuz I went through many rounds of of interviews, analytics, and we're just up here saying, you know what, we don't like it. We're going to go with number two. I if if we're going to be fair, then let's give the first
place an opportunity to say, hey, this is our vision. This is our qualifications. Have them come present to us. Maybe that's the more fair approach to how how we do this. And I'm not trying to change the process. I'm just saying like, look, I think this is really bad. I think this is a bad precedent to set that we're just going
to disband this this robust process that that went through. And I this is I think this is different than our water rates because that's more of a legislative priority. This is a simple design and and who we
hire. I don't I don't I'm not privy to I was not privy to these uh conversations for this review process. None of us were. So how are we in a position to make that decision then?
>> Monica Matteo Selenas. >> Um I just want to you know this is something that I had mentioned when I had first commented. I was trying to understand what were some of the requirements and what was the process here and why did one score one point higher than the other and I would like
to understand that process to to you know what were the requirements and what all of that. So you know maybe um we should defer this a month so that way we can understand what exactly was asked and how it was uh the point system and
um some of the other requirements. I mean I you know that's why I was asking where these companies are based. I don't you know are they one of them in here is Florida based the other one it didn't say where they're based in the memo. So um maybe we should defer this a month to understand this process a little bit
better and what exactly the grading scale was and who graded how because I've also I've been approached by residents about this. This is again not any type of connection or anything. it's residents that live in North Beach that have reached out to me to say, "Hey, what happened here?" So, that's why I'm
trying to understand how this was graded and how the it was ranked. Um, you know, I'd like to understand a little bit more about, you know, the resident input versus staff input and how it that all played into it. So, I guess >> Okay. So, the item's been deferred and
it has a second. Uh, Mr. City uh clerk, would you call the >> on the deferral? I have a question on the deferral if because I'm not this is a procurement a procurement item. We usually follow staff recommendation on procurement items and
I'm not familiar enough with with all of this that has been discussed now. Um am I allowed Mr. attorney to be briefed by the procurement director, by the city manager on this without violating the
cone. >> I'm glad you asked because that was why I turned on my microphone. If the contract is not awarded, the cone of silence will remain in place until such time as the contract is awarded or the procurement is still. >> You can speak to the city manager
because he recommendation >> not to the procurement director. >> So, I can speak to the city manager. Uh am I allowed to speak to to the manager and to me. >> Am I allowed to speak to residents >> of the issue? >> As long as they are not involved in the
process, they are not affiliated to any of the vendors involved. >> Okay. Because I I didn't start or on the committee. I'm sorry to interrupt. I because I didn't start to receive concerns about this until late last night when all of a sudden,
>> you know, you read the memo and staff's analysis and the rationale for for selecting the vendor, it all makes sense. And we usually don't meddle with procurements because there's usually a very, you know, defined process that we
that we like to follow and we usually like to follow staff's recommendation on this. So to the extent that we do anything different, I would appreciate the courtesy of the deferral to better inform myself and to get better briefed by you, Mr. Attorney, by you, Mr. Manager, before we make any conclusive
decision. >> Commissioner Magazine. >> Yeah, I I don't typically deviate much from what's presented to us. Uh I know when I had an RFP, I cared deeply about. Uh okay. You know, staff, it is what it is. Um,
I don't I haven't talked to any of these firms. I I couldn't even tell you who was one, two, or three. Uh, I know you've been very involved for years in the Byron Caro. Um, so I trust your judgment and in many regards officially or unofficially defer
to you. Uh, so if we're going to vote on this here today, Commissioner B, I was going to trust your judgment and and go with you. Um cuz I'm trusting somebody's judgment one way or another and I know you've been involved in this for years and years so I'm going to trust yours.
uh if we are going to defer it and given the limitations that we have why I was going to vote in favor with you uh part of it was to keep this process moving along but if there's the will of the body to defer it for another month um doesn't make sense to have the
two firms come here and speak in front of us because next month I'll tell you I'm going to make the same calculated decision well do I take staff's recommendation or do I trust my colleague colleagues that have been very intimately involved in this process for
years. And I'm going to side with my colleagues that have been very intimately involved in this process for years, but it would have some more merit if both of them presented in front of us. I wasn't going to suggest that initially because I wanted to keep it on track, but if we're going to defer regardless, uh, I'll leave it to you if
you think that makes sense. If not, I'm cool. I think I told you where I'll probably likely side in a month, but I'll leave that to you. Are we even allowed to have them? >> Yes. >> Yeah. Public commission meeting. >> I'd love to I'd love to see them present
to us and and then because if we're going to make a decision if we're going to make a decision at least I want to have some sort of basis on it personally and I think everyone else should and then we can make a decision there. I mean I don't think it's fair to just say to one person no sorry we we just
we sorry you wasted your time. But at least in this with this scenario, they at least have a the idea to present. So can we can we require them to come to the next city commission meeting? >> Yes, I can make sure that they attend. >> Okay, let's call a vote. So this is on
the motion to defer. I have a motion by Commissioner Mattel Selenas, seconded by Commissioner Fernandez to defer to the June 24th meeting. Yeah. Uh all in favor, please say I. >> I. >> Anyone opposed? The item is deferred to the June meeting C2D.
>> Thank you. >> Thank you. It's called R7 A D and R7 C together. >> R7 A is settlement agreement among Penrod Brothers CMBB and Bush Brothers
Pier Park. R7 A and then uh what was the second one? >> And then And we're hearing that with R7C, amend lease and concession agreement with Penrod Brothers. We first have to hear R7 A. Correct. >> That is true.
>> That is correct. >> Mr. Mayor, if I may, >> Eric. Um, so obviously this is something that we've had two shade sessions on. Um this is the uh protracted litigation
that we have had with Rods and the Bucher um uh solicitation and ultimately uh this is an opportunity to settle the u pending litigation after
multiple years. It's an opportunity to bring some clarity to the situation and an opportunity to move forward in a positive direction with the um best use of that property at Pier Park um which
is South Point Drive and Ocean Drive. Um, I would offer our team that's been heavily involved in this to provide any details if you want them, but primarily this is an opportunity to close out the
settlement with a um a cash payment to Penrods coming from the Boucher team, a extension through August of 2027 for the Penrods occupation of the property.
and a opportunity for the Boucher team to have a five-year um option to extend their management agreement on the property are the the primary terms and if you guys want to add any additional color.
>> I think that's high level and if there's any questions we can certainly >> through the chair I would just clarify that it's not a management agreement it's it's a concession agreement. Sorry. No session. >> Hold the vote. I need a motion. >> I'll move it. >> A motion uh on both items, but we're
first doing R7 A Commissioner Suarez. >> And and just for the record, the the item R7 C is to approve the Penrod lease extensions uh which are contemplated by the settlement. We will be coming back
in July to present the Bucher contract amendment which is also part of the settlement but it's not quite ready for prime time yet >> and we're doing it separately because R7C is a public hearing. So So uh R7 A I have a motion by Commissioner Suarez seconded by
>> second by the mayor. R seven A. All in favor please say I. >> I. >> On R seven C. May I have the same makers commissioner Suarez and Mayor Miner? >> Yeah. >> U it is a public hearing. I see no one in Zoom. No one in the audience requesting to speak. It's on an R7C. All
in favor, please say I. >> I. >> I. >> Anyone opposed? Hearing none. R7C is uh it passes and there were no public members of the public requesting to speak. >> Thank you. >> Thank you very much. >> Thank you.
>> What do we have in July? So the the Penrod concession agreement amendment needs to go to the planning board in July and then it will come to commission on July 22nd.
>> I'm sorry the Bush contract amendment. Um, I'd like to call up our fire chief, DNA, uh, before I call the next item. Um, we all suffered a a loss this past week
with mental health being a critical component of it. And uh, couldn't let this meeting pass without acknowledging what uh, your fire department is going through with this loss.
>> Yeah. Um just a couple hours ago I was at a at a church um reading a eulogy and burying a friend. So yeah, it's hard to, you know, do my
duties of being a fire chief and have to serve our residents at the end of the day and make sure that um I'm here because I need to make sure that every single day
our public safety is being addressed um and still functioning. our world is gonna keep going for the next 24 hours. Uh um 10 individuals that I sent on duty to go and pay their respect to their classmates are back on
the trucks. So yeah, um you know, unfortunately it's it's normal for some departments because it's happening so frequent. And I can tell
you that I I just propose one question to every single human that's inside this chambers. How many colleagues do you know that's committed suicide in your job?
And I've had two two in two years in a 100redy year history of our department. Um, Miami Day County has had eight in the fire chief's uh leadership and just 6 months ago he had another
one. So, um, it's difficult and as their leader, as a human, as a mom, yesterday was my son's 11th birthday and I had to get his godfather, my colleague, my best friend, who was
hired with me to take him to the arcades because my son thought that I was coming to work to sing him happy birthday like they normally do. And I had to like tell him, "No, I'm not joking." And he goes,
"Yeah, yeah, you are." And um I had sent PJ the picture earlier. And you know, because it's something it's a firefighter trait. We're always playing prank on each other. And this was a picture of the same group of
individuals. This was seift and he thought that we were coming to work. No, no. It was just because his mom forgot her jacket to the funeral that she was supposed to
attend to. So, I had to get my best friend to take him to the arcades so I can go and be there present um for the viewing and today as well. And you know, I was a one of the four people
that was at the house to watch my friend 18 years known on this job in the condition that he was in. And I would have never known cuz I had just seen him two days before. He had just taken my bags out of
my car and you can't tell. And you know, it's difficult. Chief, you two questions. You you you made some you it's alarming
how how often this happens to firefighters. Why why do you think this is why do you think that is and how can we help? So I can tell you and I you know I don't want to speak on behalf of the police chief but I have a very close
relationship to the police department and we have to almost like desensicize ourselves. Like you can go home and just had a horrible day and now you have to
change your hat and be a parent. Forget about the day that you just had those individuals that went to the sailboat accident. I just couple weeks ago the guy just got charged. We we just we're just getting over that incident. And now
those two young men who've had less than two years on the job, who are 23 and 24 years old, may have to relive, look at pictures, relive that whole entire day all over again. So, it's because we are here 24/7. Um, you know, corporate
America goes home. But again, I'm not speaking just for firefighters. I have dispatchers that are answering 911 for police, fire, residents, the public works, you know, uh, Sinko. Yes, that was a brand new
fire engine. Um, and they were going to someone's house that was flooded at 3:00 in the morning. the last thing I can't even imagine. They probably like poop themselves in that truck because you're just driving down the road and all of a sudden, so
all of these things is compounded and it's years of trauma. I can tell you I had a motorcycle accident at the Julia Tuttle and when I arrived on scene, I go, "Hey, listen. I think she's, you know, 45. 45 is dead on arrival." And I
lifted up the girl's um face shield on her motorcycle and from her motorcycle helmet and she rode the guardrail on the Julia Tuttle with her body. Okay. She wasn't wearing the leather pants and she was mangled, but her nails were perfect,
her toes were perfect, but she wasn't wearing the right pants. And I lifted up her helmet shield and she goes, "Please don't let me die." I was like, >> "Please don't what? >> Let me die. >> Don't let me die." And I can tell you approximately four years after that day,
um, >> she died. >> She didn't, but I'll tell you the story on that one. I was interviewing a firefighter. I was a background investigator at the time. And I'm like, why why are you applying here? Because you you come from a good department. He goes, "Because you saved my cousin's life." I go, "Who?" And he goes, "Do I
want a motorcycle?" I go, "What?" I go, "She lived." And he go, "Yeah, how is she?" She had her leg amputated. and he goes, "But don't worry, she's still riding motorcycles." And that was like 4 years later. So, I think it's just a compounded
um you know, trauma and you're asking them to stop one call, go to the next, stop, one call, go to the next, and eventually, you know, I can't walk into a restaurant and act normal like normal people. Ask my wife. She's like, "You're OCD." Why? Because it's like programmed
in my head. I I want to face the exit. I want to face the doors. I don't go I don't I know that if there's an emergency I won't come in or go out the same door I came in. It's innate. It's ingrained. I'm not here to for a pity party or anything.
But to understand that what us fire department, public safety servants, the dispatchers, my ocean rescue guys had a construction accident on an Ocean Drive. Police officers like to ask us 24/7. I can't tell you
the last Memorial Day I was off with my son. I can't tell you a spring break. You know, this morning I'm writing the eulogy and I was like, you know, rolling over those hours. I'm one of those that I lose my hours. Um, you know, we'll be losing my hours every year because
there's just not enough time in a day to take off. And, you know, Commissioner, to your question, it's because it's 24/7 because our clock does not end at 5:00. The problems still go. Um if an
accountant in finance like you know tell Jason when your worker is missing. All right we just ride that day without the worker. If the lawyer's not here today we just ride the day. Not here. What I'm going to do is just have a fire truck with three people on it. Oh someone just
called out two people. You can't. So now I'm bringing in firefighters forcing them on overtime because it still continues. Um and we're here. This gentleman gave 18 years of his life to this city. I'm at 23 years. I got hired
when I was 21 years old. Um, you know, and and it's hard and it just doesn't end here. You know, my wife is watching this because she feels like if she doesn't know what's going on, then she won't be in my life because I get home and I'm just like,
and it's it's we chose this life. I chose this life. >> How can we make it better? Yeah, and I think it's probably a good time and thank you. And I was kind of teeing up the discussion. Um, but Commissioner Bot has an item. Let's call
that item so we can sort of discuss it together because that's what you're getting into now. R7AB. Uh, thank you, Commissioner Bot, and also co-sponsored by Commissioner Mateo Selenus. >> PJ, I would like you, >> Excuse me. I I would like a direct
answer from the chief. Well, we're going to get into it, >> but I would like to hear it from the chief. How can we make it better for you? And respectfully, Commissioner, I I know you have I you have a great proposal on, but maybe there's something else and I want to hear from direct. >> Well, I'm I'm actually calling the item
because and then and then obviously the chief can continue, but they're they are related. So, let's let's let's call the item. So, we have something. >> So, R7AB is added full-time mental health coordinator position for Miami Beach Fire Department. >> PJ, can you pull out this slide?
Um, you know, this is an item that we discussed last year and it didn't make the cut. And, um, I will tell you, DNA, I don't know how you're here today. You are a tower of strength. Chief Jones, I
know you've done the same thing as DNA. Um, maybe not exactly, literally with the same hours between uli eulogizing somebody and coming to commission to talk about what your needs are. You know, we talk um we're pretty cavalier about we we
respect and honor and and and revere our public safety departments. The fact that people will run into a burning house or a flooded house or towards gunshots when everybody else gets the hell out of there. We were very cavalier about,
well, do they really need new equipment? Do they really need this? Do they really need that? Um, I was literally at an event the night the night that this happened. Eric, you and I talked as I was driving home. And
at this event, I had the opportunity to meet a Miami Beach resident who is a practicing psychiatrist and a teaching psychiatrist at University of Miami. Um, and um, I was bragging to him about how great the fire department and the police
department are at dealing with mental health issues in fields that normally do not take these issues on because everyone is too cool for school, too tough to admit that they need help. And
um and I was I'm so proud of the work that you both do collectively. I know the police department maybe has a little bit of a head start, but DNA under your leaders leadership um you're catching up fast and how you guys collaborate, you
share resources as best you can. Um when I heard the details of what happened that the friend and the son um
found Hans together, it was um beyond triggering to me personally because my daughter and I found my other daughter together. So that doesn't affect budgets. It doesn't affect anything else. But um I will tell you that I
can't talk about this still without really going um having a hard time. And so I would suggest that this is the time for us not to quibble about adding a full-time person to the fire department. >> Um EAP is an amazing resource for
non-critical issues. A good place to start if you don't know where else to start. But last year, Digna, I'm sorry, Chief Abello Diggy because I love you. Um, gave up two stretchers
to find funding to try to get somebody on board full-time. How many more firefighters are we going to lose before we decide that funding a full-time mental health professional for the fire department is the right thing to do for the city? We ask them to work
ungodly hours in horrific conditions. And the thing that pisses me off, man, when I hear from people saying the firefighters, they don't need new equipment. They don't need a new station. They don't need this. They don't need that. We don't even have fires in Miami Beach. You know why? Because they're they are stopping them
before they start. They're they're stopping the gas leaks. They're they are evacuating buildings. They're they are dealing with this stuff. Not to mention that the woman who you ran the rail on her leatherless motorcycle. Like the stuff these people see every day. Thank
god not every day. Some days I'm sure are not terrible, but too many days are freaking horrific. Most of us would take years of therapy to undo that PTSD. These guys and guys being a genderless term, these men and women in blue and in
red go from one call to the next call to the next damn call. Then they have to go home and deal with family stuff or not. Then they have to deal with some crazy boss. Then they have to deal with some knucklehead in traffic the way we all do. But their trauma level cannot be
understated. And for anybody who hasn't dealt with this firsthand, you are so lucky. There is no undoing one trauma without years of work, let alone multiple in the course of a day or a week or a month or a career.
So, let us fully fund this position. Let's do it here and now. Let's get it started this year out of the general fund reserves or whatever the proper terminology is and then fund it in perpetuity going forward in the budget starting with our budget process for
next year. But I'm not waiting till next year. And I I I invite my colleagues to do the right thing before it takes another life. With that, I move the item. >> Yeah, I actually want to usually I go to my colleagues for, but I do want to hear
from Eric. Um, >> so I just want to say first and foremost a huge thank you to the entire fire department and all that they do every single day to keep this city safe. Um, you know,
I can't imagine what they're going through right now and still having to work through it is extremely difficult. But, um, what I said to the chief the first night was, "We're not going to lose anymore."
>> That's right. and I committed to her whatever it is that we need to do to make that happen. I'm on board with this commission passed replacement of the self-contained breathing apparatus
and the bunker gear today. Huge, huge investments in the equipment for the fire department. I'm extremely grateful for that. Last year during the budget cycle, the chief and I sat down and we talked about how do we transition into where we
wanted to go, we agreed we would fund the temporary position last year and we would find a way to fund the full-time position this year. We remain committed to that. The commission wants to, you know, advance that a little bit. We
welcome that. Obviously, Chief and I are still going to have to figure out how to fund that, but we will figure it out. Um, but we don't want to lose another one. So, thank you for everything the commission has done up until this point, and I appreciate for all the support
that we've had from the community and the commission for the department during this difficult time. >> Mr. Mr. Mr. No, no. We have uh Commissioner, Vice Mayor Dominguez, Commissioner Mateo Selenus. >> Uh Chief, I so heartbreaking what the
fire department is going through. I echo what my colleagues say. I'm so grateful for Miami Beach Fire for your leadership and want to do everything that we can to help. So, this item that we currently have for um a health coordinator, is
that enough? Do you need more? is can we make amendments? What can we do to help your department? >> And and I can tell you that it's not going to be 100%, but I can tell you that it's in the right direction where Miami date counties had four on staff.
Um, you know, it's a program. It's it's basically a program that needs to be evolved based on best practices of standards. Um, and and for instance, there was an LTC that came out a couple weeks ago regarding the school behavioral health uh counselor. And if you notice those numbers, they
skyrocketed from 1370 to 2522. Um because the data is there and these are little kids. My son had a classmate that got a phone call from father. the school got a phone call from the mother like took her life because and now this
little boy and the family and everything has to be but look how important it is starting it at the school level where there's one nurse that's going around and if you look at you know what she was doing um mental resiliency emotional IQ um it's everything it's not just PTSD
it's being able to have someone there instead of waiting two weeks 3 weeks or the employee assistance program where it's a jack of all trades, helps you with your taxes, helps you with a divorce, helps you with all these things versus someone that we know is there on
our behalf in the betterment for us without retribution, without fear of losing your job. I I don't need it, you know, fear of that and a safe place where it's readily available. And that's just a start. But again, my dispatcher, Ocean Rescue, um the police department.
I've been using their their hostage negotiator to come and do the the briefings, debriefings at our fire stations because it it needs to evolve and the men and women need to know that
there's other resources available to talk to someone that can say, "Hey, by the way, we can get to the other side of this divorce is not going to end." And unfortunately, that's what happened with this gentleman that day. Um, he went to court and he was losing his life, basically what we call our lives. He'd
been working so hard for 18 years. And he just didn't know how much he was loved. Um, you know, so is that going to be the 100%. It's not, but I can tell you it's the right direction to start somewhat somewhere where it's not going to be up,
you know. Sorry, I have this like flight like buzzing around here like a no. Um, you know, but it's a start in the right direction. Um, you know, if if I had a wish list of things, I'd be like, okay, look, these are all the different things that I need, but at a minimum, this is a
start to know that the continuity and the resiliency and the program can develop. Um, you know, and we can mirror our counterparts with the county. uh not for us to always have to be dependent on other agencies to come and offer it to
our men and women. >> Commissioner Fernandez. >> Oh, sorry. Commissioner Matasinus, I apologize. >> Chief, my deepest condolences for your loss and for the fire family's loss and to every firefighter. Um every person that you have on the on
staff and on your team, my deepest condolences. And I'd like to um respectfully urge you to take bereavement leave. The fact that you're here right now is just mind-boggling and you deserve some time off and some time
away as does your team. So I'd like to suggest Mr. Manager if we can um ask for county assistance so that way we're not um forcing people to work and we allow people to take some
bereavement leave. immediately if that would help you to whomever wants it to take a couple days to step away to be with their families and grie. I appreciate it and thank you,
you know, um, Commissioner Fernandez and Monica that you guys, um, you know, were there with me last night. I know when I had just left at 7:45 to go meet my son to cut his cake, um, Mr. manager came as well. Um, but thank you for at least uh
allowing me to introduce you, you know, the the gentleman's that are even more impacted because they feel that they missed something by not seeing it, you know,
>> through the vice mayor. >> Yes, commissioner. >> Thank you. and chief, you know, echoing the condolences to the entire department that you see the love and the support that the men and women of the fire
department have for each other. And I think it's a demonstration of of of the human quality of the individuals who who we have working in in that department. the is a reflection of who hands was when
you see the amount of firefighters who filled that funeral home. By the way, filling a funeral home in Westchester in Miami Day County is not easy. And they were all there in numbers and what you would hear resonated that
he had courage, he had compassion, that he was selfless. That was what resonated in in what in what people were saying. But this tragedy can't be in vain. This this tragedy can't be in vain. It
has to be it has to be a reminder, a painful reminder that even those who spend their lives helping others may quietly be struggling themselves. And we're here for you always. Whatever
you need, whatever your department needs, whatever resources, financial resources, positions, we've always been there with you. We will always continue to be there with you. And to our community, our family of employees and
and our residents out there, we need to keep on speaking up, speaking up about about mental health. We need to check in on one another. We need to seek help when needed. We need to take away the
taboo that often times surrounds that. It takes a lot of courage to speak up and doesn't make you any less of a man, doesn't make you any less of a firefighter, any less of of of a police officer because that takes great courage
to to to seek that support. and to display your vulnerability. That's a great strength in and of itself and will always be there to support your your officers. >> Chief, thank you. Thank you for coming
here and speaking from the heart. I >> I literally can't imagine what it is for you right now to be here and speaking. >> Um, and I I think you said it so eloquently that we don't know what's going on in people's lives. like you said, you were with him two days before
and you don't know what somebody is dealing with in their personal life. If they're understandably not wanting to share it at work, I would like to ask our HR director, Marla, to come up and share some some of the things we we do
for mental health. Um, I think that'll help with the discussion as we make make decisions going forward. >> Mr. Mayor >> uh David Commissioner Suarez and Commissioner Bot after after Mara speaks. >> Thank you to the chair Mara. He's our
human resources director. Um the city does have a um a robust EAP program. It's an employee assistance program. It is free and available to every single employee and person in their household. I think I like to say to people, we we
all come to work and we know we have a paycheck and we know we have health insurance, but we also have this other very valuable benefit which is I believe you said a great starting point a EAP can be to finding the resources that a person might need to help them cope with
any kind of challenge. And we are frequently frequently reminding employees that that is free and confidential and available to not just the employee but every person in the employees household. And so um we
encourage everyone to remember to to take the time to speak to your coworker and take the time to speak to each other and say, "Do you need do you need um you know a smile today? Do you need a hug today? do you need me to help you with
something today? Those those overtures that we can just take a moment to do can really help um show how we care in the workplace and to each other. Um we each employee health plan, whether it is the
city's sigma plan or the police or fire health trust, also have behavioral health um benefits that are quite robust. And those are the starting points for um knowing uh how to take care of ourselves and take care of our
own mental health. Um the city does have a wellness program. There is a great um tie between our health and well-being and the ability to uh take care of our bodies so that we are um exercising, eating right and um maintaining our
health. So those are the types of things that we do as an institution to provide avenues for our employees. Um clearly I am in full support of what the manager and the chief are saying that you know when we need to do more um we probably
need to rethink and do more. So I am just offering what we offer now is the um baseline of what we have and that it is available and um we have each other and we have these resources. But um we
do I do want to be supportive of what the manager and the chief are saying that in this case police and fire and the uh public servants that are in these arenas um they are special and they do need special support. Commissioner Suarez.
>> Thank you, Mr. Mayor. Mr. Chief, simple question. What can we do? >> Well, to start, I think that having a this behavioral specialist that is more in tune of what's going on um with the
world world around us is a start. Um you know, I've been trying to vet individuals from all spectrums. is not just a regular behavior specialist. It's someone who knows the world that we live in, knows the sacrifices, knows the
language. Um, you know, and something that I I would love to have our police department also be cohesively involved because it's so much easier when we're all playing in the sandbox together than in silos. And I I think it's a start.
It's a start to where we need to be um you know in support of the greatest city in the world and you know in 2025 this is a conversation I'm having but it's better now than never. Um I started the
peer support uh aspect of it in 2014. you know, we got our emotional support dog, Deco, that is still getting trained to not poop in in the cars when we take them to places. Um, but there's there's data to support it. Um, but I think it
is a start, the resiliency and and that everyday individual that that is their specialty, not calling me on a Sunday at 7:00 that you broke up with your girlfriend. Um because there's only so much that I can speak to that before now
it becomes the blurred lines. You're fire chief. You're going to get mad. I have to call out because my girlfriend's mad. And I don't ever want to give anyone that optic that first of all I'm dign first when someone is calling me
like that. Like I make sure I take all of that out. Um because I'm worthless at that point if I don't have the human component. But I have to be able to have someone that is a professional that built relationship with this individual
and they're they're there um every every day. Not something that's going to be up for grabs in two years once they've established that relationship. >> Who the vice mayor >> Laura? >> Um there there's a motion on the table.
I would like to fund this through reserves to get you started right now. We're only in May. I don't want to wait until next year's budget process. Um, Eric, >> I want to get it funded through reserves this year. I don't know if Jason's still in the room, but I'd like the support of
my colleagues, and then we can figure out where we're going to fund it going forward. But this is to me, this is not a discretionary item that gets cut from year to year. This is this is a critical piece of life safety equipment for our firefighters full. >> We'll make we'll make it happen. And
just and just clarification if I may through the vice mayor. >> Yes. >> Thank you. Um and this is this builds upon I just want to make sure the EAP that our HR director mentioned and it builds upon the mental health specialist Mr. Manager that we funded last year.
>> Correct. >> Okay. So this this builds upon it's not in lie of it's not taken away is it builds upon what we already funded last year and what we already have today with the EAP and mental health specialists. We will absolutely be adding resources
to the department to make sure they have what they need. >> Thank you, Mr. Manager. >> And just to build on what you said, Chief, >> and the EAP stuff is really great, Mara. I'm not minimizing that at all. But this is different. This is like saying to a combat veteran who just came home from
deployment, call the EAP folks. They'll help you sort it out. You need someone who speaks the language, who's been there, who's been in the trenches. EAP is great for a lot of a lot of things. and maybe that's where the person ends up, but you need somebody who knows the life, who understands the pressures,
who's been there, um, who speaks the language. And it it's critical. It's not easy to find necessarily, but we need to we need to make sure, and you've heard me say this, the chief, the other chief behind you has heard me say this. I mean, so many people um, in the field
have heard me say this. I've been very open about Julia's struggles, and thank God she's here and thriving 11 years later. Thank every god known to man. Um, and to some incredible mental health professionals because she wouldn't be here without them. And
asking for help is never a sign of weakness. It is always a sign of strength because for a lot of us it is the single hardest thing you'll do. And so we want to make that ask so easy for your team and for Chief
Jones team. When people need help, we don't want to make it harder for them to feel like they can find that help. So I move the item. >> Second. >> Can we call the vote? >> And u Mr. City Clerk, I'd like to co-sponsor this as well.
>> We can call the vote. So I have a motion by Commissioner Bot, seconded by Vice Mayor Dominguez with Commissioner Dominguez as a co-sponsor. All magazine >> and Joe too. >> Thank you. Okay. So I have co-sponsors Commissioners Dominguez and Magazine. Uh
all in favor please say I. >> I. >> Anyone opposed? The item is approved. 70 R 7AB. >> Thank you, >> Chief. Thank you for I think I think we're all going to come down and >> give you a hug. Thank God I don't have
OCD. Right. Well, >> thank you. And thank you for being here and sharing, opening up your heart to us. >> Wow, what a way to end the >> on the meeting. Makes you uh appreciate. I guess I think we're all going to go home and give a big hug to our loved
ones. Thank you. And may God bless us and watch over all of us.