##VIDEO ID:e8yytB0TBGE## [Music] [Music] [Music] [Music] [Music] [Music] [Music] f [Music] please take your seats the meeting is about to begin remember to speak into the microphone as this meeting is being recorded for public record please stand by we are going on air in 5 4 3 2 1 good morning and Welcome to our commission meeting we uh had to move some scheduling around which is why we're doing during a Monday and not a typical Wednesday I'm going to ask our city clerk to provide any uh any instructions before we get started good morning everyone during this hybrid commission meeting the city commission is physically present in the commission chamber at Miami Beach City Hall 1700 Convention Center Drive third floor the public May attend the meeting virtually however members of the public who wish to attend the meeting or provide public comment in person may appear at the commission chamber to part to participate or provide comments virtually during the commission meeting the public May join the meeting by visiting the Zoom app under smart device on the web at zoom. us or by telephone at 305 2241 1968 again 305 2241 1968 the toll-free number is 888- 47544 N9 the webinar ID is 813 9285 7671 pound again the webinar is 813 928 576 71 pound members of the public wanting to speak virtually on an item during the meeting must click the raiseed hand icon if using the Zoom app or press star9 on Telephone to raise their hand the zoom link webinar ID and telephone numbers provided for this commission meeting are static and do not change from meeting to meeting thank you mayor thank you we're going to have uh let's go with our invocation I'm going to invite Sarah Pooh Miami Beach police depart Department chaplain to uh give our invitation today thank you good morning Mr Mayor Mr city manager and all the Commissioners and everyone joining us here today it is a blessing and honor to share in this calling being advocates for our city Miami Beach we represent the city from different viewpoints and ideas but ultimately we long to see the city thrive in Proverbs 15 verse 22 plans fail for lack of counsel but with Mer but with many adversaries they succeed I would like to thank you all for your love and support during our challenging time for the Miami Beach Family the loss of Arthur Martino has impacted us all I care for him deeply and I want to thank you all for your support thank you for allowing me to pray for you today please bow your head almighty God we come before you as your people with hearts filled of Praise Your Majesty and Grace you are our creator of all things the Lord Of Glory and the savior of souls we thank you for everyone that is gathered here today and we ask you to surround us with your powerful lifechanging presence thank you for loving each and every one of us that's here calling us to walk with you we come before you as we meet and declare our independence on you be our lamp onto our feet and our light onto our path we thank you for your presence your guidance your protection and your provision we thank you for the honor and the privilege of working on behalf of this city to ensure safety security Unity peace while respecting the great diversity throughout the city and Among Us that are gathered here today please Lord guide our conversation various items on the agenda in ways that are respectful productive enlightening and peaceful please help us to remember that each of us carry a United passion for the betterment of this city I thank you for the lives and the callings of each dedicated civil servant in this room and I pray for your blessing upon each person here today we pray to God Almighty amen thank you thank you so much Sarah before we start the snic hour do the Pledge of Allegiance I'm going to ask first of all thank you everyone good to see everyone here today um and welcome back from our uh I guess the New Year's I'm going to ask uh David Suarez to lead the pledge and congratulations mil love to you and LTE for your baby girl recently arriving in the world [Applause] Sophia indivisible Wendy good morning good morning G good morning to you all on the day is uh I don't know what adjectives I could use except one word superb to describe January's lecturers at B Plaza I think you know I'm the coordinator of lectures at B Plaza many of you have been there already but our honorable mayor presented us with his presence and superb knowledge of the city fielded questions from over 50 residents and really made us all proud to be residents of Miami Beach so kudos to you Mr Mayor and may you be around for a long time and secondly Miss Laura Dominguez commissioner Dominguez is was our second January presenter and also with her warmth and enchanting smile gave our residents an update about all the construction which they wanted fielded questions and I couldn't help but smiling throughout both lectures and I know that all of you will keep me smiling for a very long time so thank you again on behalf of B Plaza residents Gary rug 20 Island Avenue I'll be brief this morning my wife and I go out every morning on our beautiful Park to do our walk and this couple of weeks ago we noticed that the flag pole honoring Jimmy had not been pulled down and we saw a police car in Venetian way we went over there and we found Robert M what was his name Rodriguez Rodriguez officer Rodriguez and he said he would call it in then he stopped and he said take me over to the flag pole we did he lowered the flag and we want to appreciate what the police officer did because was very very important thank you thank you so much we're going to go next virtually to Yan Moore Mr Moore please state your name address and you have two minutes good morning Johan Moore 717 Jefferson Avenue uh I also want to take this opportunity to express my condolences and Meridian Court community's condolences to our beloved officer Deborah Martino on the loss of her husband uh I want want to uh express my support for various items that are before you today uh item C4 AG uh the details of which I'm sure will be revealed uh thank you Commissioners Dominguez Suarez bot and magazine uh an impressive co-sponsor list uh sustainability committee looks forward to that in any case uh I will also thank commissioner Dominguez uh for item c7r uh solar panels on the Municipal Fleet facility uh explicitly on behalf of sustainability committee thank you very much for putting this uh agenda uh item before the commission and we hope that you will all support that uh commissioner bot for item c7g I want to thank her for that uh short-term rentals properties list uh a previously centrally involved now moved away uh member of fpna Jeff Donnelly had years ago suggested that the neighborhood tried to establish such a list and it seemed like a daunting task so thank you very much for pursuing that and finally I want to thank commissioner Rosen Gonzalez for item c78 which I know has been before you before and is not Advanced uh supporting staff's right to use medical marijuana uh obviously not during working hours and so as to avoid impairment uh as a uh as the person who along with others uh decriminalized medal marijuana in New York state I want to thank her for that as I want to thank her for her generally eclectic support of various baguer communities uh and I too uh look forward to her continued time in public office thank you very much please next please say your name address and you have two minutes this is Yas me m from 851 mdy nav I'm back it's been a while because you guys are so early and I never wake up this early but then I found out you're here till 7:00 p.m. that's crazy we do a sunick generally at 1:00 sometimes it view Us by a few minutes but so you could always have the afternoon option oh yeah I didn't know that well here I am I'm here actually just to say thank you thank you so much for what you guys do for Miami Beach for the citizens that you make this possible I don't know if people come up here to ever say thank you because I think we mostly come to complain and don't worry I'll come back to do that too but but this time I'm just so grateful for every one of you especially Joe magazine and assistant Louise who have been really since that day I came to talk with me hand inand I feel like I'm the only person they're helping that's how much attention I get and they're just amazing I understood so much better how Miami Beach works and I also understand that we we can do something that we can come up here talk communicate Express what we feel how we want to make our city better because at the end of the day it is our city and if young people don't come up I mean I'm 30 okay I'm not that young but if people don't come up here and say what they would like to change in the city nothing is going to happen because many things you're not even aware of right so yeah I'm just happy to be here I'm using all of the great amenities and opportunities Miami Beach has and it's also so great to see the Commissioners always in all of these amazing events such as recently we had water palooza which was this great CrossFit event which was moved to the beach which I'm here for because I love CrossFit and I live on the beach so I walked down my street to the event and it was amazing and also right now we had I connections which is a huge Global technological event with amazing speakers and Joe magazine was actually also one of the speakers there so congratulations Joe magazine thank you guys and I'll be back in the afternoon so thank you so much thank you next please state your name address you have two minutes sir sure good morning my name is Bruce Burman from 1255 Collins Avenue I want to uh thank the mayor and and and all the Commissioners for providing the public with an opportunity to do this not everybody does and it means a lot to me I'm here to speak in favor of the Miami Boat Show resolution c7q as advocates for the environment and our community my wife Patty and I have raised more than $10 million to restore and protect Boston Harbor in Massachusetts Bay and our summer home for Save The Harbor save the bay and to share it with the public um 30,000 kids a year for free programs uh now that we're here in Miami Beach this February we're organizing the very first Cupid Splash fundraiser at Collins Park beach with all proceeds going to the biscane Bay Recovery Fund we hope this event will become a tradition here as it has in Boston we're proud to have earned the support of the Miami Boat Show for this year's Splash and we support reestablishing the boat show on Indian Creek which we believe is a great way to educate the public about the fun and responsibilities of recreational boating I know the organizers and I know their plans and I'm certain that they leave Indian Creek biscane Bay and the spoil Islands in better shape than they are today because of the process that you run in this city so thank you for that and uh thanks for listening um I was delighted to hear that commissioner Suarez has recently had his child because that means that hopefully we'll be able to see him and he'll be joining us in the freezing 70 Dee water um behind uh and and and I understand from May Miner's wife that he'll be there as well um so thank you all for uh for for supporting that event and and I'm looking forward to seeing the boat show back on Indian Creek thank you uh Dan Dan side uh talk about r2a speed detection in school zones um I'm here to request that the commission approve the intent to award uh to my company mxo instead of reissuing the RFP there were two protests out of nine total biders on the procurement uh I do believe the city handled the protests uh correctly and it sends a bad message to reissue the RP just cuz someone protests uh we've been your partner on red light enforcement for over 15 years and quite frankly this would give the same technology throughout the whole city um lastly what wasn't captured properly on the procurement is to say that we don't collect any revenue from UTC notices which quite frankly makes us about 1.3 million less expensive than the second place vendor thank you go ahead sir you have two minutes state your name and address please uh good morning um I'm Jose FAS uh live NY Alton Road um also is this is a town house right by the marina uh um sorry I get a little nervous want speaking the microphone so just bear with me um first I want to congratulate the city for the event that you had last uh week or a week before of the fitness it was great I was there I didn't I didn't have the the honor to see uh Mr Suare I congratulated personally but that was a great great event uh thank you so much um I want to also say about the marina for the last two couple last couple months I'm being assault twice uh at the marina um it's two police report right here um and this just I asked the marina I told the marina about it and say you got to do something about it the marina say we don't have to do anything about it you see you on your own on that um this is uh this people is uh they being Assa is a parent and I sent a letter long time ago to the one of the high levels from some text about one individual and they don't do anything about it so it looks like they're protecting all these other people um and they know what who the B act actors are and they don't do anything um also in the last quarter code enforcement only gave two vessel of BTR violation and gave one curfew in three months in September it was 11 violations and warning it was two for uh in the last quarter was two for two warning for balloons two btrs and one carefield how that can be it's it's it's crazy yes in in New Year you know all the V were coming after thank you sir is that my time that's it can you please have a 30 seconds okay okay uh um by Christmas the bay walk this is about Public Safety the bay walk by the marina by the Jack Club the lights were off for four or five days I report that to my manager the manager sent a letter to the city the city took care right away and it took 15 days without that that power be connected so the city did something with the marina and then they jump it and we have lights for Christmas and New Year but it wouldn't be 15 day without lights um you guys I've been reading the Marine the marina list and you guys have a lot of power as a landlord please enforce it you know it's a it's the marina the marina the neighborhood is just getting affected and it's not going anywhere you know it's just please please enforce it something's going to happen we've been very lucky that no a casualty no that not something is behind please enforce it and that's all I have a couple other things but I don't really I didn't want to just get along because I took I take too long thank you so much than you sir our next virtual speaker is Mitch novic Mitch state your name address and you have two minutes good morning Mitch novic 901 Collins Avenue I too want to express my condolences to Deborah uh friends and uh colleague offices of of officer Martin now his passion for the Police Athletic League was compelling uh and impressive uh I just want to speak briefly about the costly closure of the Northern end of Ocean Drive where taxpayers are spending 700,000 on private traffic management the Miami Dade County uh Department of Transportation has repeatedly stated Ocean Drive was or ocean Court was never designed to handle the tra the capacity the closure creates and we know it's very dangerous supp uh man had both his legs amputated after being run over by a truck in 2023 along ocean Court uh I I if you're compelled to leave it closed I ask that you uh remove the burden on taxpayers just two weeks ago on January 19th and other gate the newest gate AB budding the bety hotel was damaged by yet another vehicle and uh enough as is enough and I would ask uh I have no uh preference if it's one way but that section of Ocean Drive again is a costly burden on all taxpayers thank you thank you so much go ahead please so you have two minutes okay good morning honorable Mayors commissioner and city manager my name is vanina Tagan and I'm the president of ocean right prominet Community a nonprofit Association representing a group of residents and property owners at 1500 Ocean Drive and other residential buildings today I stand before you with a petition signed by 155 supporters who share a clear and unified message Ocean Drive must reopen and more ad joining every day for years we have watch this one thriving Street decline into emptiness businesses have closed safety concerns have increased and the area once the beaing heart of Miami Beach has lost it energy and vitality what was supposed to be a pedestrian friendly Vision never materialized instead the closure has discouraged visitors hurt local businesses and left the once iconic Avenue deserted and struggling beyond the economic damage this closure has also created a serious safety hazard the dead end on Ocean Drive is a ticking Time Bomb for accidents with no proper traffic flow cars are forced into dangerous u-turns creating confusion and unsafe conditions for drivers cyclist and pedest and alike it's only a matter of time before something worse happen residents property owners and businesses want Ocean Drive back the court has ruled in favor of reopening and further delays will only cause more harm keeping the Street closed during an appeal period serves no one except those who profile profit from stagnation we urge you our city leaders to listen to the people you serve support the reopening honor the court decision and help us en restore safety economic vitality and the spirit of Ocean Drive thank you thank you so much our next virtual speaker is Jesus kades please state your name address and you have two minutes Asus unmute yourself please PJ let's then go to Troy Wright Mr Wright you have two minutes state your name and address please thank you very much this is Troy Wright the executive director of the Washington Avenue business improvement district sorry about my voice this morning um however the lights on Washington Avenue look amazing uh so a special thank you to commissioner Gonzalez and the entire Miami Beach City commission uh for your support if you haven't seen them yet you need to go by and take a look at them at night um the Washington Avenue business improvement district fully supports the proposal by commissioner Alex Fernandez to refer the discussion of reduced parking rates for Miami Beach's Workforce to the finance and economic resilience committee um our City's hospitality and service industry employees are essential to the uh success of our local businesses so yet they face significant financial challenges due to high parking cost particularly non-residents who commute daily to work on Miami Beach by providing um reduced parking rates would not only ease the financial burden on these employees but also um help businesses retain a stable Workforce so many Hospitality workers on Washington Avenue struggle with the increasing cost of transportation and implementing a more affordable parking solution would directly benefit them um while reinforcing Miami Beach's reputation as a city that values and supports it works for so um we need support there also really quick um the bid proudly supports the resolution of congratulating Miami Beach for being named the top City to visit in North America by travel and Leisure magazine so great job commission thank you very much for the lighting and let's continue to move forward thank you uh next please state your name and address you have two minutes please yes my name is Brian O'Brien I live at 90 Alton Drive uh which affronts the Miami Beach Marina and thank you for your time and consideration this morning I just want to express my concerns about this area we've lived there for over 10 years and as you know it extends a good five blocks it's a significant investment it's a significant amount of public access and it has it has deteriorated from a safety standpoint I have children I have grandchildren and uh I didn't know until this morning when I heard Mr Frias uh talk about his altercations there but we have witnessed many altercations there and I think it's a significant amount of investment in area that justifies more security more oversight of some sort I mean it's it's it's a postcard for our area here and when you see what goes on on a day-to-day basis just this past weekend was was crazy and and the transient nature of the people coming off and on boats and so on you don't see any guards you don't see any type of oversight so I'm not asking for any types of new rules or regulations I think they're in place they just need to be re reinforced thank you thank you our next virtual speaker is Larry Schaefer Mr Schaefer you have two minutes please state your name and address good morning this is Larry schaer 23 381st Street in North Beach I'd like to raise some awareness of Miami Beach's upcoming blue zones Miami Beach Community event that's this week Wednesday February 5th at the New World Center 7 the 517th street Street in Miami Beach um it starts at 5: and then there's a program at 6 the 5:00 is registration and networking and there's been a lot of discussion of this item on online on the Facebook groups and uh I just want to encourage everyone to attend find out more about this come with an open mind and come with all those objections that have been voiced online um come with good questions expect good answers and I think we should really challenge them but overall this effort is designed to promote health and well-being for all of our residents there's I don't think any evil in here it's designed for our Health and Longevity and the blue zones there are many critics because they're very successful but there are alternatives out there in the longevity space people like Dave asprey with Bulletproof Coffee and he wants you to put oil and butter in your coffee and that's kind of quackery there's also Brian Johnson who has the don't die that's a Netflix special as well he takes 100 pills of supplements a day and he actually has a longevity Summit coming to Miami Beach on uh March 22nd 2025 so you know the blue zones folks out they're out there they're actually the kind of the most sane people operating in the longevity space and I think it's a good thing that that our leaders have decided to um get started on trying to be proactive about Health and Longevity for our residents um I'm going there with an open mind I'm not in Universal support I'm excited that this is happening so um the last thing I'd like to mention if I have some more time is there was a recent meeting about the Bell Isle Association they negotiated public benefits for their support of entitlements for a development and my question to the commission is well if you know I don't agree with the way they went about what they did but somebody's got to talk to these developers and obtain public benefits when they want to obtain entitlements to increase height thank you sir I'm sorry thank you so much next please you have two minutes state your name and address please thank you my name is Bert fowls um 838 MacArthur Causeway representing yach haven grand Miami I want to thank the Commissioners for your leadership I'm here today to represent the maritime Community it is something that Miami has guided correctly and Miami Beach has become a shining star in this regard I'm here today to support the move to Collins Avenue because of community support for small businesses and the ability to be a leading a leading show for not only Florida but for the nation it is important that we understand that this show Dynamics are a competitive one there are Global markets looking just what we are looking for in these areas there have to be changes and they will be worked out it is an opinion that informa is the moving in the right direction in this regard but also working with the community it is important that we remain a competitive Advantage not only in Florida but the nation and your guidance has proven that but we've got to look at the market dynamics to support the businesses and also understand the Dynamics that are going to occur I applaud you on everything you've done because we are there but we must go further and this move supports a dynamic change to make sure that the future holds strong to build from step to step I want to thank you and that's all I have to say in that regard appreciate it thank you our next virtual speaker is Jesus comares please unmute yourself state your name and address please good morning my name is Jesus kades from 1662 Lincoln Court thank you everyone this morning and attendees and Commissioners for the opportunity to talk um I am talking today uh argument against the privatization of public land for padle Club a reminder of public land is meant to serve the co Collective need of its Community not private financial interest the proposed development for a Prof Pro for-profit paddle Club at the expense of an existing parking lot not only this regards public needs but also threatens local businesses by eliminating a crucial re shared resource I understand an alternative uh parking has been found for this and this just means that we should have that alternative parking and the existing parking to me there's four things that are crucial to this and that is the loss of public accessibility direct harm to local businesses displacement of existing Community uses and the I'm sure there's smart development of alternative exist to a development if that is the path forward this proposal is an attack on local business and economy activity it would harm small businesses discouraging customers and undermine such developments would preserve accessibility equity and integrity of public land I encourage you all to think of this and your constituents who are local and think of the economy and local economy as this seems very anti-b bus and that is the last thing we need in a place restricted by access to parking we want a thriving community and economic Community here in South Beach thank you thank you next please sayate your name and address good morning mayor Commissioners Mr city manager Mr City Clerk and Mr City attorney my name is Matthew ganof and I live at 125 Jefferson Avenue and this morning I'm speaking as a private resident of this city first I want to congratulate and mazov to Mr Suarez on the birth of his new child and I hope that the mother and the baby are doing just great um I also want to speak on R9 AJ which is a discussion on the configuration of Ocean Drive from Fifth Street to 14th Place uh the as you all know the judge made an order last month and the city appealed that in that appeal there was an automatic stay on the judge's order which would remove the current configuration which was decided by the city commission and a 70 vote in 2021 uh on Wednesday there is a motion by The Clevelander to vacate that automatic stay and to enforce it and require the bicycle lane to be removed and two-way traffic to be restored the the uh the plaintiff claims that the city will not likely Prevail well I want to offer some insight here and I urge that the city attorney's office and their Council that they defend this vigorously The Clevelander has not provided any evidence that they have had any negative effect there's been no reviews from customers they've not provided any financial statement nor have they provided any Discovery to any of the defendants in this case secondly in the judges ruling they cited that there was a urgent Public Safety concern we all know that the fire chief provided testimony to this body in 2023 stating that there is no Public Safety concern we all know that being out on Ocean Drive that fire engines rescue trucks and police have free uh free reain of Ocean Drive completely from Curb to curb uh so again this is a policy decision not a Judicial decision and I urge that every action be taken that a rigorous defense of this be taken so that this wonderful public amenity that everyone uh that many people talk about that thousands of people enjoy whether they're on car on foot on bicycle or micr mobility and this public amenity uh continues to stay for years to come in fact is improved with the geobond money that is slated to be implemented sometime this decade and lastly I just want to encourage everyone as always to to have proper decorum decorum on this day as during this commission meeting today and that everyone is respectful of one another including members of the public thank you so much thank you our next virtual speaker is Irene thank you man just to let you know we uh as you mentioned our commission had approved that the judge overturned it uh which I've already come out publicly and said I think it's pretty outrageous that a judge is overruling the determinations by our city that had spent countless not just hours years coming up with this uh with this plan but we are appealing and we are we are defending our our initial vote thank you Mr Mayor Irene unmute yourself you have two minutes state your name and address please good morning everyone yes this is Irene bigger president of the art deco neighborhood association I'd like to thank Matthew uh for his words and uh saving me a few minutes as he stated some of uh the facts that I was going to uh State um as per adna's uh comprehensive letter that we sent out to the community uh that included evidential uh corroboration evidence of the benefits of promenad and I want to emphasize the historic majority support uh that p uh residents have had for this prominade so I think it's important that people realize in in the public this has not come out of thin air um in my uh in my letter I I mentioned that other famous prominant throughout the country that have done well and are succeeding uh were because of a very uh you know caring uh advoc the advocacy groups the city councils and the mayor who took a strong stance knew it was good for their community and um and got this done um and it's quote widely successful transformation of the New York Times Square was made possible because of this and um I I just want to address um I have more to say maybe I'll say it at 1:00 but I want to address some of the disingenuous um comments made by uh people against especially uh people who I have heard personally um the previous speaker heading uh this community group who in fact has the word prominade in the name and I well I cannot understand the change in stance I do know that in a previous meeting um this organization does not represent all the residents of 1500 Ocean Drive where I live myself in a meeting we were all at together the majority of the residents expressed uh support for the prominade including the speaker who also uh had mentioned possibly extending it to 15th Street but after one resident um spoke against it now we see a a change I I just want to make sure that all of these comments everybody has a right to speak uh their mind and to protest against thank you so much ma'am thank you our next speaker is yeah iness flag go ahead please I also leave I 1500 Ocean Drive got it and I'm here to speak personally okay so good morning Mayors and Commissioners I'm here today to ask you to stop the damage that has been inflicted on Ocean Drive businesses for the past 10 years from 2 A.M alcohol banss to street closures Ocean Drive is our most iconic Street and valuable real estate asset in Miami Beach yet some of you believe that banning cars on two blocks will magically transform Ocean Drive into an American city into an European city but Miami day County lacks the public mass transit of Europe and the majority of our Miami Beach residents have voted against mass transit from Miami to Miami Beach therefore cars are are an essential part of our daily way of life now and for the foreseeable future instead of removing roads and parking spaces you need to build more of it because we are car dependent the this is our reality the prominade we have already quite a few in our city after residing full-time at 1500 Ocean Drive for 26 plus years I know Ocean Drive better than most every day I see two closed blocks on Ocean Drive directly from the 10th floor of my apartment windows and balcony and I invite any of you to come and see my view of these two blocks empty 99% of the time day or night or weekends you need to um with three exceptions New Year's uh day Veterans Day and our Deco weekend illegal close illegally closing these two blocks has disrupted traffic generated traffic congestion confusion and accidents on Ocean Drive alley Collins and Washington and her businesses you all run as low and Order candidates now there is a coure order could I have a few more minutes that's the court order um uh to reopen Ocean Drive do it then let's have a real discussion on how to help and support our businesses and workers on Ocean Drive the 46 restaurant on Ocean Drive according to cesi struggle finding hiring or holding good workers because rents are too high on the beach and parking is scarce and expensive while residents on other buildings without garages are allowed street parking at discount and the Phantom blue Hotel Union Works get ocean from parking businesses on Ocean Drive are under attack it's time to open traffic and help our businesses and workers on Ocean Drive thank you thank you mayor we've we've gone over the 30 minutes and we still have three on zoom and two in person that I can see do you want let's do one minute each okay so we're gonna go with one minute uh whoever is next please go ahead state your name and address you have one minute hi folks uh thank you for the opportunity to uh speak this morning uh quter to 8 my wife woke me up and said the meeting was at 8:30 not at uh 10: as I had imagined I was planning on an empanada in a large coffee kiche with just a little little bit of sugar and they ladle it in I appreciate it but you have one minute so by the way I understand I this won't count against your minute you may have we have we have an afternoon suic hour as well at 1:00 okay finish that with the remaining 30 seconds my wife and I bought down here in 2009 we live at uh 1560 Jefferson uh we're tickled to be a part of this community our building right now is facing a certain uncertainty because of the amount of work that uh may be required as far as uh concrete mitiga uh mitigation and crack and possibly Foundation uh we foresee the possibility of not being able to stay in our building again the status of the building is very uncertain we had hoped to be here I had hoped for this to be my retirement down here I'm 76 I'm not in the best of health I wanted to uh be a part of this place for uh for whatever time is remaining that said uh I I just want to say thank you to all who make this place Miami Beach as comfortable as it is as exciting as it is as stable as it is and as forward-looking as it is I I appreciate everything that you folks do I saw you at uh mayor at um Publix a couple years years ago I bumped in you in the morning and I I thanked you then I'm thanking you again and all thank you I didn't catch your name your name sir sir your name Paul wookash thank you so much I'm going to go to the next virtual speaker has a screen name of iPhone Jamie go ahead please you have one minute hi good morning first of all thank you to everybody like the gentleman said previously who makes the city run it's a a privilege to live here my my phone call this morning is I'm um politely enraged about what they want to do to this padel to this city parking lot to make a padel uh Court which is in the interest of big business and then they want us to use a private lot that charges $20 an hour or they boot you car boot your car or give a really big ticket this is clearly big business Lincoln Road is half empty and this is not going to make it any better people need parking and there are many issues that the city faces and giving this lot to private people who want to use their benefits and their money for themselves they have no no interest in what benefits the people Miami Beach the people who live here who pay taxes the people who come visit and the people in joy and I would urge anyone who previously voted for this pedel core to be moved someplace else because this is in my most humble way and I hope this doesn't come out Rude the ultim Act of selfishness because is it is not benefiting the residents and it's a great sport it can be played someplace else thank you your time is up sorry about that whoever is next please go ahead state your name address and you have one minute uh good morning Greg Parks 130000 laal Hill Tallahassee I'm here representing red speed uh regarding r2a uh we urge you to support the committee's recommendation to have this rebid and re-evaluate ated uh following up on one of the earlier speakers this is way different than red light cameras You could argue this be one of the most important policy decisions you make protecting your kids in the school zone during the school day um contrary to earlier statement it's very rare to have two protests out of nine respondents uh we have been a awarded every R in the state that's gone the contract and not have been protested by any vendor we operate all the eight programs that are operational in mi County and none of those have been protested that uh it's a unique technology it's Unique law you must follow it has all unique procedures and the basis of our protest was we were actually ranked highest in the qualitative by your committee and there was a scribers error in our pricing and we think the opportunity to reconsider would benefit the city so we appreciate your consideration thank you so much our next virtual speaker is John S John State your name address you have one minute please hi my name is Josh Squire 346 what 47 um I'm here to discuss the three items that impact Transportation one is the Restriction of micromobility at Baywalk and the other on sidewalks and then the um um subsidy of Hotel par parking for hotel uh workers um so micromobility has become super popular that's for a reason it saves money it saves time and it keeps you healthy and uh more teenagers are using it more elderly are using it and definitely employees who can't afford cars are using it we have a huge traffic issue in the city it's time to think differently it's time to pause the enforcement and start thinking of solutions to add bicycle infrastructure on on the ocean front throughout the city at adding restriction adding enforcement what you're doing is you're promoting pedestrian safety but you're sending our children our teenagers onto the street with with electric scooters you're sending uh elderly and young families off the ocean front onto the streets with cars and that's not the solution please reconsider these motions thank you next please state your name address you have one minute please good morning my name is Alexandra paglieri and I'm here also representing phip Harari who I work for and is owner of properties in Miami Beach 320 and 340 West too regarding item number r5a we wanted to show our support for the recommendation made by Administration to remove the requirement of mandatory approval from drb or HPB for proposed understory homes we believe there should be less burden placed on homeowners and Builders to build these types of homes since one of the positive outcomes of building them is that they work to address the problem of rising sea levels and their higher elevations make them more resilient we believe that the requirement to present and be approved by drb or HPB can also potentially disincentivize other owners that are trying to address these concerns which is one that as a community Miami Beach is constantly trying to address for the future there's also the burden it can place on owners in terms of time because the entire process from signing up to approval can take several months in which carrying costs and additional fees owe to different parties AC crew so for those reasons we wanted to be here today to show show our support for the mayor and the members of the city commission to adopt the ordinance thank you thank you so much our next virtual speaker is Ken Coppel Ken go ahead unmute yourself you have one minute uh can you hear me yes go ahead please okay uh I'm I'm here to uh support uh The Pedestrian Pro prominade uh Irene and uh and Matthew Goff I think made the case of very strongly and I have little to uh to add um the opponents have brought up safety issues that are totally bogus uh and several of the people who have opposed this don't even live in the area there really two facts on on the ground that I don't think can be questioned uh number one is that the city and county mandated a a ballot whereby stakeholders uh voted whether they wanted to continue it or not a two-thirds uh vote was required to continue it uh the residents exceeded uh 2/3 that's a fact on the ground the second fact on the ground is that for the period that the prominade has been open it has been totally peaceful and the main activity that you see our visitors and residents taking pictures of our gorgeous Art Deco fads this is one of the real Treasures of uh of our city it's one of the reasons travel and leisure name this the number one destination in North America showing us The Pedestrian prominade please keep it it makes sense thank you thank you uh go ahead please state your name address you have one minute wand Jam 8305 crisy Boulevard um good morning city manager Commissioners and may Miner as you guys know uh a few weeks ago I had an incident regarding ebikes and E Scooters I thank commissioner Dominguez and Bot for sponsoring c4l I have reached out to every single one of you in this day is right now I receive all responses except for the Mayor Stephen Miner we never got a response Blake never got in touch with me uh this is very dangerous for our city I know you a Law and Order mayor and the scooters and this ebikes present a real danger not only to the pedestrians not only to the children my granddaughter almost got ran over in the sidewalk waiting for a bus going to natalus this is outrageous what's happening if they are allowed to travel our streets or ride in our streets however they want to weaving and cutting they should be responsible the same way they could use our streets but they are not being held responsible not by PD and not by anybody in the city so I'm asking those that are listening to me those that I receive my email to please support c4l this is a very dangerous I'm sure that every one of you have heard of other residents saying the same thing this is uh extremely dangerous but they have no light they have no responsibility we the registered drivers are the ones that are driving and I would like to see Mr Mayor that uh you put this uh look into this and say yes to this because I'm sure every single one of you have had the same experiences I almost ran some somebody over Saturday 85th in Harding there's no there's no lights bicycle without any lights by the time I looked at it this guys in front of me thank you ma'am so I'm I'm actually going to do something I don't usually do first of all I'm G to ask our police chief to come up and address some of the issues uh I also it is a it is a misstatement to say we don't respond to you we do you do reach out a lot and we do respond and we do deal with our Police Department I'm saying you didn't respond your office everybody responded but your office I'm just saying and I I like you but you didn't you didn't respons we we actually did we actually did Blake never did Blake call me I'm not going to debate I'm not going to debate you on the day here but I want to call the chief up to uh babe how are good morning Wayne Jones uh police chief uh appreciate your concerns this morning you know Mr Mayor and I think we have been responsive to you broadly broadly speaking um you know we've just entered into an education campaign uh to deal with uh folks on bicycles mic Mobility electronic Vehicles throughout the city you know part of my pet peeve I speak with my ex about this all the time is these kids running around school kids on these electronic devices without helmets often times not being um the traffic lots and so we're really really dedicated to uh pushing out a lot of education for these kids in particular one of my biggest concerns is one of these kids uh getting hit by a car we know that's not going to turn out well even at low speeds and so dedicated to to making a positive difference not necessary enforcement initially at some point that may come but the idea is really to educate people um to hope hopefully make a positive difference it's not only kids and there is an ordinance in Miami Beach that says no ebikes or E Scooters your officers are telling me no in Florida they could do this but not in Miami Beach CU When the mayor closes up curfew at 2:00 a.m. it's 2 a.m. if I go out at 3:00 a.m. I could get a citation or I could get arrested or whatever the case may be we have to follow laws this is a law this is a city of Law and Order we should have Law and Order I should not be responsible for those actions of the people that I could they are using our streets our sidewalks no insurance no nothing they could they could they they they ran into my car they ran into my car they didn't do damage I could have killed somebody I would have been your officers would have told me well you know it's negligent homicide I have to think for my safety and for those of others and I'm not speaking for myself everyone in this day is have heard from residents saying the same thing not now not last month but for months this is an invasion on ebikes and E schoolers they don't respect traffic and by the way thank you and there are multiple items on the agenda about this and as the chief has has mentioned there's there's there's there's a lot of attention being paid to this there I've actually personally seen officers approach uh individuals and and stop them recently it there so there's definitely an effort being made to address the is some is that an effort something has to be done it is enough it is enough for the safety of all of us even the writers themselves even the writers it's not only I'm talking about myself I'm talking about it's just so scary to drive and next thing you know you have somebody cutting in front of you a 3,000 lb truck to a 200 lb bike what do you think the damage will be no thank you and by the way I I I don't want to overstate I think there are two or three items on this alone uh I've personally been talking to the Chief and others about this I'm sure my colleagues have as well I know commissioner Fernandez wants to say something yes and thank you Mr Mayor uh in fact uh yourself uh me and commissioner bod were were sponsoring an item directing the administration to enhance enforcement against these individuals operating these motorized devices and they're going to be coming back on a month basis for updates at the Public Safety Committee so we're going to be taking a strong uh look at this a lady got um I and I and and I reacted to this after a lady that got violently hid by uh by one of these motorized devices outside of aing salon on 41st Street and it really is everywhere we've heard of seniors getting hit we've heard of of children getting hit so it's something that we need to take seriously the elected officials are taking it seriously and I know our chief it has certainly dedicated a lot of time and passing along the message to it to to his officers to uh take this seriously as well we feel your passion and that's why all and most of you guys have I just haven't heard from the mayor and I came here now but there there is an order 70 no I'm I'm going to cut it you love saying that by the way but by the way notice I'm a co-sponsor on the item oh well thank I didn't see it that's come and grab this but I I thank you and this oh a prime sponsor thank you okay so this is for safety now the police department uh okay no this conversation is over no we have the item we have the it they do not know about the ordinance there an ordinance already on the books understood they do not understand this thank you my friend was was cited and this is not right it shouldn't be that way thank you mayor we have one last speaker it's Aaron Aaron state your name address you have one minute you are the last speaker just real quick to follow up um sorry name an address Aaron zilske 4350 no list subscrive um regarding the underst story um I think it's great if that gets removed from a drb uh process it's kind of a simple mod I think the zoning department does a great job um back office handling a lot of the uh uh modifications or you know adjustments that need to be done we ran we were approved for an under story it took eight months nine months of additional time um so any way that we could alleviate that would be amazing because I think it gives a lot of opportunity for uh different designs without necessarily uh going through those Hoops thank you so much mayor that concludes snik okay Ralph mayor uh for the consent agenda you have you have on today is the separated items mayor minor is separating two items C7 q and C7 AG commissioner Dominguez is separating c7n commissioner Fernandez is separating c4c commissioner magazine is separating c2m as in Mary commissioner Rosen Gonzalez is separating c2m as in Mary as well and just for the record item c7y is being deferred to February 26 C7 Y is being deferred to February 26 and discussion item R9 a the mayor is requesting that that item be referred to the public safety neighborhood quality of life uh committee and we will be doing so uh via the consent agenda C R9 AG so R9 a is discuss take action reclassification of assault or battery offenses against Park Rangers that was uh the mayor's discussion item he is requesting that it be a uh referral Public Safety having said that I I'm requesting a motion to approve the consent agenda excluding the separated items sa all in favor please say I I the consent agenda is accept accepted uh just for the record the mayor has not approved the addendum items they will be heard after 5: pm thank you so much mayor okay let's just take care a couple of necessary uh administrative items r7e R 7e is amend dates up for 2025 Commission meeting Miami Beach Redevelopment agency North Beach CRA meetings to add September 30th 2025 as the F final budget meeting the budget department has notified us that uh the state has stated that we can add that date as our budget meeting it does not conflict with the county it does not conflict with the school board so it is just a housekeeping item because we had not set that date earlier it's September 30th is a date that the state is saying that we can do our final budget meeting it will start at 5:00 second so I have a motion by commissioner Fernandez seconded by commissioner Suarez all in favor of R7 e please say I I I motion carries the item is approved r7e still a couple of um second reading items r5g yes sir r5g is an ordinance of the mayor and City Commission of the city of M Beach Florida amending the code of the city of Mii Beach so Part B entitled Miami Beach resiliency code chapter 2 entitled administration review procedures article two entitled General development application and hearing procedures section 2.2.4 entitled public hearing section 2.2.4 one entitled public notifications by modifying the publish notice requirements for the city's land use boards and providing for catification repealers avability and an effective date this is a second reading the item requires 5 s's vote I move my item so I have motion by commissioner Suarez seconded by commissioner Fernandez any discussion if no commissioner Dominguez yes commissioner Fernandez yes commissioner Rosen Gonzalez yes commissioner Suarez yes commissioner magazine vice mayor bot yes mayor Miner yes motion carries that was item r5g the item is approved let's go to r7f r7f approved lease purchase agreement 1027 through 1041 Collins Avenue parking garage 7f these are not time CS I pr somebody 500 they're not time nobody ever ask me for uh mayor Commissioners uh thank you very much Jason Green Chief Financial Officer uh so the item we have uh in front of you is the approval for the city to purchase out the lease hold uh for what is known as the Pelican garage I think a couple of important things is uh there was a an offer from a private individual to purchase this from the existing uh tenant uh for $ 15 million dollar uh per the lease agreement the city has the ability to um write a first refusal basically uh the city did review this uh there is an independent appraisal which did hold up that value uh so we believe that is a good value to the city we did go through all those numbers and the important thing here is those dollars are coming from uh the parking dollars itself that will come from a mixture of parking impact fees through South Beach so the dollar specifically meant to hold to retain those type of parking facilities and parking operations so this would have no impact on any other Capital Improvements or capital projects uh for the city there any questions Mr commissioner Fernandez thank you Mr Mayor um just for purposes of edification in this area of the city how many parking spaces do we have uh right now in this area this I'd ask parking to yeah ask parking to come up and address the number of parking spaces good morning Jose Gonzalez Transportation Mobility director inter parking director commissioner if you don't mind give us just a couple minutes and we'll provide that that put in garages how many part the total inventory in that area we we can provide that and let us just calculate that number real quick so Mr Mayor if I could add just a little bit of color to this conversation um obviously the commissioner has asked for the garage inventory that we have in the area um the prim AR garage that we have in this area is the sth street garage um it's important to note that the Seventh Street Garage has 646 spaces in it and that garage may be um the discussion of a buyout option that is within the existing contract agreement that would become effective April of 2026 okay so we could potentially lose 6 46 spaces from our inventory within this area I believe we so in April in April we might April next year we might be losing over 600 parking spaces in this area of Miami Beach correct and this option that you're asking us to execute will allow us to at least maintain a certain footprint in that area then it would pick up approximately 330 additional spaces um that are currently privately held that would put it into the city's inventory that would give us a much better ability to provide parking in this particular area and if we don't do this now how many years would it be before we could recoup these parking spaces these parking spaces are currently in a leasehold interest on city-owned land that runs for another 25 years so then it'll be another 25 years before the city of ham Beach could coup these parking spaces could potentially be 25 years thank you Mr manager thank you Mr Mayor commissioner Rosen Gonzalez um no I support the purchase of this parking lot um you know when you go to the City of Coral Gables no matter where you go there's public $5 parking when you go to the Design District there is public uh $5 parking I would love to see across Miami Beach um additional public $5 parking you can just pull up and valet your car right now our city rates are around $20 per car I would like to somehow subsidize that lower it and I think that buying this parking garage um is smart economically because then we could potentially have the spaces to uh valet these cars and that's what I'm working I know the city manager told me that $5 uh seems too low but I I think that if we did that and had different bids actually help pay into this so that we could uh subsidize our parking we would be in a much better space and people would be more apt to come to Mii Beach they can park easily so that's why I'm supporting this Eric can can you clarify what the commission just mentioned about $20 parking in City Lots so right now if we do a daily rate instead of an hourly rate I believe in this District it's a $20 daily rate correct and per hour um for Miami Beach residents $1 per hour sir okay commissioner Rosen Gonzalez I don't think you understood I was talking about our valet rates for example there's a city valet on Washington Avenue and I drove up I said how much is this $20 when cities like Coral Gables are charging five and I would just like us to be able to get there and I think this garage goes a long way in realizing that for our businesses um also the Design District heavily subsidizes their parking and um and we need to make sure that we can offer the same thing and this not going to be easy because if you have valet services that are used to charging $20 um you're going to have to number one have them slightly lower their rate and the second part of this is that you know we're going to have to subsidize at some point but we can't do it if we don't have the spaces and it takes us a long time to build the garage from the ground up this one is already built we're getting a very decent some price on it so I commend you um Eric for negotiating this and hopefully we will uh realize this offer Eric last time we spoke about this um there was uh there's another lot that we have potentially the option of purchasing with 600 plus spots can you can you describe that and if there's any negotiations relating to that lot so that would be our 7th Street Garage um right now we come to the end of that 30-year agreement in April of 2026 um at that point in time the just maybe explain to everyone who controls that lot right now so right now that's under City control um it is part of a joint development with the ground floor retail owner um on those properties uh the joint ownership of the ground floor retail and the garage basically was condominium IED and it was created where they own ground floor retail we own the parking garage but in the agreement they have the ability to buy us out at the end of the 30-year window that 30-year window runs out April of next year so we are in a discussion with the owner of the ground floor retail to see if there's a way that the city could potentially maintain control of the parking within that facil facility ultimately we think that that would be a good thing for us to maintain our footprint in this District um potentially even expand our footprint in this district and we have heard or I've personally heard for years that if we want to elevate the experience in this Art Deco Cultural District one of the things that we should look to do is create more of an opportunity for centralized valet and so that is something that um we are interested in and we would ultimately have to partner with a private vendor to be able to provide that similar to what we've done here at the convention center or over on Lincoln Road are those negotiations is tied to this slot in any way to you so they they certainly interplay one they are Standalone transactions but the ability to negotiate are absolutely tied together in what way um so I think that ultimately the um the city has a need to provide some parking in this area I think if we don't obtain this parking it puts us in a position where we could potentially be more motivated to need to hold on to the 646 bases in in G in G1 so by buying this lot it helps us in that discussion Mr Mayor at the right time I'm happy to a motion commissioner Fernandez and commissioner magazine no I was saying at the right time I'm happy to make a motion to the commissioner magazine sorry I I had this talk with our city manager yesterday um I'm not going to be supportive and let me lay out the reasons as the why right I'm not trying to Lobby against because I think there's uh good arguments on both sides but we're essentially not adding single additional parking spot yet we're using $15 million of taxpayer money right we're not acquiring a single additional parking spot additionally sorry additionally we collectively as the city are not in danger of losing these parking spots right I'm talking about for overall Supply not who controls them whether it be a private operator or a public operator it's not as if this can convert to some other usage because this parking lot has to revert back to the city's hands in 25 years so there will not be a single additional parking spot that's added to Miami Beach's parking inventory and I don't mean our public control I mean collectively as a city we won't Miami Beach won't add a single additional parking spot the only reason why we would buy this with $15 million of taxpayer money is to subsidize the parking rates for largely day Trippers right these aren't for residents this isn't in a residential area and we had transportation and parking opine uh last meeting that there are not significant amounts of residents that Park in this building so essentially what we're looking to do when we all sit up here and lament how bad traffic is we are encouraging day Trippers to come and drive in and out of our beach not only encouraging that we're subsidizing with taxpayer money so if we wanted to sit here and add additional parking to the city it's not something I'm very enthusiastic about however I think $15 million taxpayer money would be better spent on another parking garage adding actual spaces to the overall inventory of spaces in Miami beach but I don't support using $15 million of taxpayer money to subsidize the parking costs of day Trippers coming down to the mxc district on a daily basis to come in and out that's just where I'm at Mr I saw commissioner Rosen Gonzalez's hand then commissioner Suarez this would put those spaces in the control of the public domain as for not wanting day Trippers to come to Miami Beach and frequent our businesses and our restaurants and our hotels and our events you realize that if we do not support our tourism industry that our tax Bas our taxes are going to go up 20 30 40% we're going to have tremendous tax increases so of course this is it it's disingenuous to say that we're not increasing our inventory because we're getting them in 25 years we are taking control from a private parking lot and making those City rates if you want people to come here I mean like this is kind of anti-b bus which doesn't make sense because normally you're very supportive um of our businesses I want people from around Miami dat County to come to Miami Beach I want them to eat in our restaurants I want them to be able to park I think it is an essential part of our economy and that's why you can't say that we're not increasing we're increasing public spaces and yes it's for the next 25 years but we're telling you right now that we need it and by the way if you had to build that garage now per space it would be much more expensive than the price that we are going to pay getting the land getting the spaces over the next 25 years we need it we just heard people this morning talking about the fact that there is no parking for our employees we have one of the largest and most successful tourism Industries in the world and we need to protect it because it subsidizes our residents both of them um equally you you have to balance this it's not an easy balance but to say we don't want people to come here that doesn't make any sense to me but is there any way to quantify that data as to who's parking there residents or day Trippers I don't know that we have that ability today because it's a privately held lot and so I don't believe we have the information because we're not tracking it perfect correct yeah it's hey Mr Sao may I ask you a question how many uh spaces are in the lot uh the lot has 3 278 and there's T tandem one and then how many1 and then a 61 tandem which would be used could be used for valy so how many total spaces would it be 330 339 so that's at a cost of $45,000 per parking spot so the comment that it would save a lot of money not building new I think yeah to build a new spot is actually about $40,000 per spot commissioner Suarez uh thank you Mr Mary look I I echo my colleague uh commissioner Magazine's point that we should be adding parking spaces not subsidizing ones that already exist um at the end of the day the the parking garage is going to still be a parking garage and they're going to want to rent their space to make money they're capitalists um I I think it it would behoove us to really address a lack of parking by increasing parking spaces with this $15 million not buying not paying $15 million for something think we're going to get back for free in about 20 years to me that's nonsensical um but um I'm going to be a nobat on this what's the current pricing structure of this lot do you have the profit it fluctuates depending on the event and and the how many Resident how many visitors are coming in so you might drive by there at one time and it's $20 and then you might drive it by an hour later and it's $50 are there res rates there I don't believe so no private I mean is that have we tried to negotiate that cuz we I mean we we hold the cards here right because we can exercise the option of doing it so certainly we have a strong hand have we tried to negotiate where they would provide resident rates and and without us taking control so we would save a considerable amount of money so I would just offer that what we're procedurally doing here is executing our right of first offer to step into the role of the purchaser on this particular property um the existing property owner uh may or may not be willing to entertain that kind of negotiation because ultimately they're trying to offload the property the um prospective private purchaser we've had several conversations with and we've tried to negotiate something that would be mutually beneficial but as of today we don't have anything on the table as far as a potential three-party agreement and what's our deadline February 7th is when the um the contract requires us to submit a uh deposit a portion of which is non-refundable and how much is that the non-refundable portion Rick please correct me if I'm wrong but I think it's $50,000 that's correct the deposit is$ 750 and if we terminate after the contract goes hard we would be responsible for reimbursing uh expenditures up to 50,000 which we believe they they have met and we may lose our right of first offer for future we would also lose if if we terminate after February 7th we would lose our right of first offer forever so it's now or or not now and before I turn to commissioner Fernandez uh commissioner magazine mentioned 25 years I believe I understand but can you explain what happens in 25 years so in in 25 years the leasehold interest on the land that the city owns sunsets and so at that point in time the structure that is on our property which is currently being leased would revert back to the city so after 25 years that structure would become a city-owned parking garage uh commissioner Fernandez and commissioner magazine thank you Mr Mayor I was going to make a motion and I'm not going to make that motion because I was listening to commissioner magazine and he makes some some really good points and to your wisdom uh Mr mayus while you appoint him to be the chair of the finance committee um you know you're spending $45,000 per space uh in essence to get the spaces that you're going to get back anyways in 25 years and at the end of the day your inventory in the district remains flat you're not increasing the the the inventory um and and if I if I were a betting person I would say people are parking in this garage I you know there is a demand and people are parking there regardless of whether it is at the city discounted rate or at the uh at the current rate and and you know for me what stands out to me amongst all of this is that we have an exhibit for as part of this item and the appraised value of this garage is $15 million and we would be in essence paying the same amount as the appraised value not even negotiating it down a little bit and furthermore as part of the item before us is explained to us that the purchase price of $15 million equates to the approximate cost to construct a new similar garage structure I would if we have the need for parking in this area then I would much rather invest the taxpayers dollars into a structure that will increase the availability of parking in the city rather rather than investing that $50 million and not get a single extra parking space so commissioner magazine I'm going to I'm going to support you've made some very eloquent points and I thank you for for bringing those points forward because it helped uh shape my position in this thank you Mr Mayor yeah I promis commissioner magazine and commissioner Rosen Gonzalez yeah just to reiterate you stated that eloquently commissioner Fernandez where we're not adding any incremental spots to that District at the expense of $15 million so that's where I have have an issue where it's you know really just it's being able to subsidize the cost it's either going to be a private operator that operates this or it's going to be a public entity that operates this and given that they are in the business of making money they are going to have their rates at a price low enough that they're going to have Demand right so that's where I'm at if we need more parking in that area I'd rather this $15 million go to actually adding new inventory as opposed to just subsidizing existing inventory that's already out there commissioner Rosen Gonzalez I would love to add inventory too I would love to do both but there's also a question of expediency from the time that we proposed the parking garage in Collins Park till the time that we built it how much time went by that was a CIP project so I'm going to defer to Capital Improvements before that I think it was like it was easily a decade easily and right now we've been struggling with the 72nd garage um that passed on referendum in uh 2018 and here we are in 2025 and not a shovel in the ground so when we're looking at the economics of this subsidy that we're proposing so that we have an additional garage with a certain amount of spaces you're looking at investing in your community in the businesses in the residents and offering more public parking right now now we're exercising this option because it was a good deal the private sector came in and said we would love to purchase this garage at this price why because they know that it was going to be lucrative but if I could charge an employee a dollar per hour versus $20 per day don't you think that that that's what we should do as as stewards of trying to improve our economy also I would question right now the $40,000 per space I would look at what we're paying per space at the 72nd Street Garage I would look at what we're paying per space at the Collins Park Garage I think it was in excess of that how long did it take for Collins Park to get built so I'm not sure exactly how long it took for Collins Park to get built but I know that that was under discussion when I started here in 2013 and I don't believe it came online until around 2020 so I mean it's seven years it was a number of years and I also asked David um what it cost us per spot in the Collins Park Garage and it was $45,000 per spot in that garage where we already owned the land I would argue that it might even be more expensive given current construction prices now if the okay I'm not quite sure is are the are the parties here who initially wanted to purchase the garage at $15 million because if if they wanted us to not exercise our option I'd like to understand but I think that they came forward and said we don't mind if the city wants this and the city needs these spaces then we should do it I think that all of us are concerned about our historic districts we want the businesses to thrive there we have new businesses that are opening up just like I said Vivian Westwood is coming to Collins Avenue I got an email yesterday that with this private wine club they purchase another building we are redeveloping Collins Avenue and we want to have widespread affordable parking we also want to have um extremely incentive to incentivize people to come there we want to have cheap parking and this is moving in the opposite direction now I I don't think it's that controversial when you look at at making this investment really in the historic district um I I commend Eric for moving forward and uh trying to purchase this garage this is about 25 years it's about seven years if you if we said we could add that inventory in the next couple of years I'd say fine but given our past history it's taken us nearly a decade to build these garages so to say that we're just going to get parking overnight that's not what it is the administration is telling us that we need parking now and that's the big difference now there's something that I don't know that's going on behind the scenes here with somebody tell me what's happening but to me this seems like a pretty good deal C can I just ask one more question I guess it's just food for thought for the group right not looking for specific answer but would we consider consider the New World Symphony garage part of this District right I think it's you know a little bit of yes a little bit of no right I I mean it's on Washington Avenue it's around 17th Street because right there we have 500 spots and we have a 20% utilization right the entire top roof is just stacked with city fleet vehicles right that's bordering this District so I just question the demand for the incremental parking we have a city own garage that sits there empty empty 20% utilization that's a lot of concrete in a Barrier Island it just sits there empty commissioner bot and let's call the vote I think everyone's got their position oh and uh commissioner bot commissioner Dominguez we'll call the vote oh sorry vice mayor bot listen if you got it flaunted um so I I've really been um vacillating on this issue I I see compelling Arguments for and against but here's why I'm going to be supportive of this I don't spend $15 million lightly it is not chump change it is a lot of money however we are building more restaurants more businesses in this part of the city and we need to make sure that people can come to them without sitting circling looking for traffic uh looking for parking the Miami Design District cities across the C the state and the country have organized Citywide organized um valet parking programs where you pay a flat fee of five or $10 something manageable for the entire day and you can go drop your C at Central Point and pick it up at another central point I don't want as we try to refurbish and re energize the art deco Cultural District which is so important to our Collective future and as traffic continues to be an Unholy nightmare why are we not doing everything in our ability to try to make it easier for people to come here to spend their dollars here to have a safe and easy time of of their cars and also to provide if it's necessary a discounted employee parking spot um uh rate for people who staff those restaurants and boutiques and hotels we were just voted one of the best cities to visit in the entire country how far do you think that's going to go if all of a sudden our employees cannot get here and park at a reasonable period the other thing and it's a longer term conversation but as we talk about what we want the Art Deco district to be and whether or not we are going to really transform form it completely with a pedestrianization um complete reimagination with the zovic plan whether or not that goes forward to have that conversation you need to have a place to put cars you need to be able to drop people off close by and then Park their cars close by if we have complete control over this property we then have the opportunity to create the vision that we want you guys have all heard me say it plan for the city you want want to be not for the city you are and so with that I'm going to support this motion uh thank you vice mayor but um I'm in the same position as you when I had my agenda review the city uh manager stated the importance and the urgency of having this parking now and it would really hurt our businesses at the employees and everyone in that area if we don't support this item if I could uh add one item because there was some question about utilization just know the city does control a city uh garage at 13th in colins um and Talking the parking that's a very he heavily utilized uh uh garage it's filled many times and one of the reasons they stated was because it has City resident rates they do find that residents do tend to you know to migrate there and utilize that so I think that's something to uh keep in mind I'd like to make a motion okay let's call the vote thank you to to call the vote but Motion in favor of the item or against the item there's no motion I'm making a motion to to to call the vote okay so commissioner Fernandez just made a uh motion to to decline to reject the uh I'll second that so motion to reject the resolution by made by commissioner Fernandez second second Deb commissioner Suarez to reject the item do you want to do a roll call to make it easy here since yes okay so uh I'm going to start with commissioner Suarez I'm I'm a no well you're sorry I know it's getting confused I reject the item so yes to reject the item yes so commissioner bot to reject the item I I I reject the item so so you're a yes I'm a yes so you're no no I'm a no you're no you just said that you you just said that you wanted the garage which would mean that you're a no you're a no on this can you can you make a motion for the garage so it's not so confusing okay you can you can make that motion if you want keep going but we have a mo no we we have a motion on the table it's to re reject it's to say no to the recommendation of the city Administration so commissioner Suarez was a yes commissioner bot is a no correct commissioner Dominguez is a no no commissioner Fernandez is is a yes commissioner Rosen Gonzalez I'm a no commissioner magazine yes so here he goes mayor yes so the item is approved with the rejection of the manager's recommendation so a new resolution will be made great thank you I'd actually like just take a moment to uh to recognize our recently elected Miami dayve tax tax collector Dariel Fernandez thank you for being here with us and I'm and I'm excited hopefully you'll mention because there's an item on the commission agenda today that you're going to bring a DMV to Miami Beach so so I wanted to say thank you thank you all of you thank you mayor thank you commissioner Al Fernandez and all the Commissioners H we are here to help you we are here to support you we are here to work together um for the resident of Miami Beach we're going to bring the service that we provide and the uh downtown Miami here to uh the the city beautiful of Miami Beach uh going to be a different service that we're going to provide like renew your tack in your vehicle like get your new driver license get an ID if you need a license for your business a loc of business tax so and much more service so we are here to support you anything that you need if you have any question I'm here to answer any thank you thank you so much thank you and thank you for pasta no absolutely and I I have to say and and hopefully this has been representative from the entire day it's you've been so incredibly accessible before even you you were elected but certainly since you were elected you reached out right away you came down here you've been I see you everywhere uh which is try try my best I have a very good team I also wanted to say thank you to the resident of Miami Beach you know because uh for a long time the people of Miami day County need to come to our office now we're going to the resident so we're going to continue to provide the service that they need amazing thank you thank you Mr Mayor commissioner Fernandez and I just want to take a moment of personal privilege because saying darel uh move up to elected office it really is the story of the American dream when they talk about the American dream there's no one that uh that symbolizes more than our tax collector a hardworking family man who who you know worked his own businesses and just a desire to contribute to for to the community for for as long as I've known darel he's wanted to contribute to to the community in some way with honesty and with ethics and I'm so proud uh that that you are in the position that you hold today and that you're partnering with our city to help improve the services that our residents and taxpayers receive Mr Mayor thank you for allowing me to join you on this resolution very proud of you that thank you thank you thank you so much [Applause] we going to call r5a so what we're going to do here is we have a number of individuals who came to speak on the item there are also a number of individuals I think on the other side of the item that are coming at five o'clock so uh I don't compare myself to Solomon but trying to come up with a uh with with some kind of compromise we're going to hear the item now it's going to be open and continued till 5 o' when we will take we will further continue the discussion and then vote let me commissioner Suarez for the sake of uh the people here here on time I'd like them to speak um because I I I was under the impression that this was going to be at 9:15 um and to to to uh accommodate their time can can we allow public speaking now yes okay okay so thank you this is item r5a is an ordinance of the mayor in City Commission of the city of May Beach Florida amending the resiliency code of the city of May beach by amending chapter 7 entitled zoning districts and regulations Article 2 entitled District regulations Section 7.2.2 entitled rs1 rs2 RS3 RS4 single family residential districts at subsection 7.2.2 point3 entitled development regulations RS to amend the requirements for undestroyed homes and providing for codification repeal or salability an effective date this is a second reading public hearing the item requires a 5 SS vote can we open up the mic for speakers Rafael there is no one on Zoom if there's anyone who wishes to speak on the side of in person please approach the podium uh good morning Mr Mayor Commissioners my name is Glenn Boer I'm a 20y year resident of Miami Beach I live just a block north of here at the Meridian um I uh am an architect by education and I've been in development and asset management and construction my entire uh professional career I think in some of the earlier hearings there uh may have been some examples of some of the issues with the burm homes that have been uh built and I don't know if that'll be covered at five o'clock or later in this discussion but I think the city's done a very admirable job addressing the um the sustainability issues and I think they gave two very clear ads that have been codified for either to build a home uh with a burm or to build a home with an understory and then I think unfortunately the city then sort of put its thumb on the scales and by requiring people who want to build an under story to actually go to he go to hearings and go through the process and the additional money and the additional time Etc will result in you know 99 out of a 100 applicants just choosing the the more straightforward path of building the burm home which again I think has some uh sort of obvious shortcomings with side yard issues water retainage water pouring onto uh neighbors the big ramps in the fronts Etc I have 30 seconds left so I just want to bring up one other thing I know that um as of January 1st the the new code requires that the ground floor um elevation the finished floor elevation be raised to 10 ft from 9 ft so now the two projects are getting a foot the the two buildings resulting buildings are getting a foot closer to the to each other and I think it's only going to continue to go in that direction it'll become 11 feet and then there's they're really indistinguishable in height which I think is one of the big issues with the with the under story and lastly I would say that with that additional foot and height you get more issues with the ramps up front more issues with the side yard issues with the drainage issues um and the cohesiveness of those homes in our neighborhoods thank you very much thank you our next our first virtual speaker is Edward K Edward unmute yourself you have two minutes please state your name and address hi good morning everyone can you hear me yes sir go ahead uh I spoke my name is Edward kichus uh I own uh property on the sunset Islands I actually spoke at the previous meeting I believe it was back in November regarding this issue and uh I'm going to keep it uh short I I see you got a full house over there today um but you know I'm I'm a developer but I you know and this this item obviously not only affects and people like me that build homes for a living but also for for homeowners uh that wish you know to build a home that's that's going to last in Miami Beach uh climate change is an issue that can't be refuted we all know we're all affected by it in one way or another we see it every day uh so I I believe we should be incentivized building resilient homes uh that can withstand climate change not impeding the process I I remember there was some good ideas passed around at the the previous meeting uh regarding how it the process can be integrated into the building permit process so it's not a a standalone issue where another review uh an additional review by the drb or whoever it may be has to be included it should be something that uh is part of it this is going to be the new normal on unfortunately I'm afraid for homes that that want to survive for the next 50 you know 75 100 years so something that if we get in front of it now and uh you know I believe Mr Suarez is is a pretty good champion of this I think we can you know start integrating it with some good ideas into the building permier process so all the Kinks are ironed out and um yeah I think that's the direction that we need to go thank you thanks uh anyone else wishing to speak on this item go ahead sir hi good morning my name is Kobe carp um basically right now if I'm designing a house for you Tanya we can design it as a right to meet all the setbacks yes or any anybody in the community anybody in the community we can design a house for um that meets all the setbacks and all the heights um but if we want to take the parking instead of putting it on the garage uh on the property and we want to tuck it under the house which will give us more Green Space more open space on the property meaning if we take the parking itself and put it under the house then arguably we have more green space more landscape space on the lot itself if we so desire um and for that we right now need to go to design review board whereby my clients would say you know what Kobe forget it if I need to go to design review board just leave it on the lot so that's where the fairness does not exist and that's why I came here this morning usually I do not come here in front of you this morning but it's a pleasure to see you guys on a Monday morning thank you so much if you have any questions um please feel free to call me thank you you're welcome to come anytime thank you Mr Mayor uh it I just felt that you know some people feel that it is not right to go to design review board if they wish to put the parking under the home and have more green space and it's been going 50/50 on the clients um so that's what I'm here in front of you thank you yeah for the record I'm not designing a house for Tanya but but if she ever does want to in the future be my honor and my pleasure to do so thank you thank you anyone else wish to speak I would like to ask my name is Matt crane I live at 2044 Prairie Avenue um and uh I happened to have an old 1929 house that's probably about 5T above flood uh on my left is another home built in the same year that's about the same height and to my right I have a beautiful Renee Gonzalez home at 2038 Prairie that is an understory design and probably one of the first ones that was around um I really prefer this setup to having a brand new house on a burm uh uh to the right of me and a good example that I want to give is the fact that I own another home on Meridian Avenue at 2489 Meridian which is sandwiched between two burm homes which were built in the last five years one of them brand new one about five years ago and that home that that I own was built in the 50s and is a good bit lower and when it rains hard as we all know it does sometimes in in the spring the difference between the two properties is really night and day um my my house that's next to the under story home um is perfectly fine and the driveway is you know totally fine whereas the other property has a massive puddle because the water is draining from both properties which has uh even though either of them have a retaining wall um it just kind of pulls up right in front of the house so I think from that standpoint the the understory design worked better in the context of these neighborhoods where we have some really beautiful older homes that have been restored and I think it's better for those homes to uh to make it easier for the understory new homes to be built thanks a lot thank you come on up hello my name is Yan Kash I've been a Miami Beach resident for 15 years I here with my five children and my wife uh we bought a house to build and we've decided to go with another story we started working with staff in uh July last year and uh the process has been very very hard from the meeting being full in uh in September that we got pushed to October only four members were here in October so instead of having four out of seven we needed to have four vote Yes so unanimous voting which didn't work out uh we had only five days to resubmit for the following uh follow following meeting so it got got us pushed and in January I was here with my with my lawyer with my architect to to to present to do a presentation and only three members were here so they didn't have a quorum we could uh they couldn't vote on the on the proposal so he pushed us back to February this seven months of back and forth cost me about $250,000 worth of carrying cost insurance real estate taxes and everything when if we would have on the first meeting the seven members that were supposed to be at at drb we might have that majority at that time so I support commissioner sare uh uh proposal to to not to have the under story in the part of the drb and just eight years ago when I built my first house where I live now it was already a question about under story so it's been something that has been going on for a very long time I as we as we know thank you good morning so the commission had a study I'm sorry start with your name I'm sorry Fred Carlton 1800 pery Avenue so the commit the commission had a study done a while ago and the study came back for resiliency using underst stories they voted for it and they approved it what this gentleman's saying is true about a quorum but I hav't I take issue with nonprofessionals aining on design when they don't have the expertise you're hiring professional Architects you're hiring Professional Engineers and then you have people who don't know anything about it they're telling you what your design should be what your color should be also this is my bill from my architect to go to drb 20 almost $24,000 That's not including my legal That's not including as this gentleman said carry cost and then if there's not a quorum as he said I have to reapply and come back it's tens and tens and tens of thousands of dollars okay maybe hundreds of thousands of dollars in my case it cost me almost a half a million dollars so for me it's one thing what happens to the gentleman who can't afford to go back and forth and back and forth so as long as you're building within what is normally built on Miami Beach you shouldn't have to be going to a a board and your neighbors shouldn't be able to tell you what you shouldn't shouldn't be able to do we're sitting very d dangerous precedence here by allowing people to stop your your development and uh you know unintended consequences as I mentioned to you the last time you don't get along with your neighbor they want to hold you up you know they want something from you they want to hold you up this whole process really really is not a good process I really think that you you should just allow staff to do what they do and just approve the under stories which you got have already agreed to to approve thank you anyone else wish to speak on this item Daman narv is uh 2500 rata Avenue I think it's already been um said um you have two gentlemen who are spending thousands of dollars um to um have their project um go through a process that their plans are already um permitted under the they under the code they're they're probably building with no variances they're not asking for any variances yet they still have to go through this process so that's one issue the second issue is just the chilling effect of anyone who wants to build a home to build an environmentally sustainable home they're they're not going to choose that option why would you choose that option if that option um requires you to spend thousands and thousands of dollars so if the city really does want to encourage the environmentally sustainable homes like something with an underst story they're not doing that right now and they're discouraging it so that's all I want to say thanks thank you anyone else yes hi my name is Alexi kazakov I'm building here on Miami Beach couple of houses in Miami couple of houses in Golden Beach I'm architect working with this city for a while and I can say that design review board is a it's not just a pain in the neck for the customer custers they're afraid of it they're not going for it if you want to do something beautiful it's impossible cuz it's taking too much time and too much money it's ridiculously a lot of money sometimes and what I can say that anyway the couple of times we just received absolutely opposite request from design review board one time was garage is too high which is not about the code not about Golden mean which I was trying to explain why it came to that point and another one was garage is too low and also it's like a funny point but it's cost customers a lot and we basically sometimes we're just cutting edges and not going for the design we decided from the beginning so basically that's what I want to say and I'm approving sour for the going what I can say is we have to regulate it somehow so basically the it should be just in the city regulation you're going for that you're doing it there is a pluses there is minuses and you don't have to spend that amount of time so the process supposed to be easy basically design riew board sometimes when you're asking for variance it's supposed to be here but it should be somehow better organized maybe more regulated or if it's under story is approved let's approve it and keep it thank you our next virtual caller is Larry schaer Hello Larry Schaefer 23381 Street North Beach uh I would like to uh just encourage this is a great great item um I would like that uh for this to be considered the understories for um two to four unit multif family buildings duplexes triplexes quads um I know the item right now is for single family homes but this is a great direction for other types of buildings as well thank you thank you anyone else wish to speak mayor there's no one on zoom and I see no one in the audience commissioner Suarez this is your item okay well we said we're commissioner Suarez okay we're gonna open and continue at 5 o' and then we'll hear from whoever else wants to speak at that time we're not going to have repeat speakers so whoever hasn't spoken wants to speak we'll we'll hear it then and then we'll we'll take the the vote thank you let's call r5b R r5b is in ordance of the mayor and City Commissioner of the city of May beach amending the Bambi Beach resiliency code by amending chapter 2 entitled administrative and review procedures Article 2 entitled General development application submission and review section 2.2.3 point4 entitled unified development site by including requirements for the transfer of floor area for properties that that are subject to the terms of a development agreement with the city and which contain properties with different zoning classifications as well as properties located in the Alter Road Gateway and providing for codification repealers have ability at an effective date this is item r5b it is is a second reading public hearing it requires five sevs vote r5b vice mayor bot thank you um I'll let Tom do the heavy lifting on this but basically it's a clean up to make sure that the canopy Park remains a park in perpetuity that's correct uh this is actually a companion item to items R5 AC and R5 a which have 501 and 502 time certains and this was approved at first reading by the commission uh in November and what basically does is it provides a very minor text amendment to allow for the existing unified development site that's part of the development agreement that affects canopy Park and 500 Alon road to remain in place and not become legal nonconforming it is a public hearing there's no one on Zoom is there anyone in the audience so public hearing is closed can I make the motion yes ma'am second I'll second so I I have a motion from commissioner bot I actually heard uh commissioner Fernandez Dominguez okay commissioner Dominguez okay yeah so vice mayor bot commissioner Dominguez first vote commissioner Dominguez commissioner Dominguez yes yes commissioner Fernandez yes vice mayor bot yes commissioner Suarez is out commissioner magazine yes commissioner Rosen Gonzalez yes mayor Miner yes motion carries that was item r5b let's call r5h r5h is an order to the mayor and City Commissioner of the city of May Beach Florida amending May beach resiliency code by amending chapter 2 inel Administration and review procedures article 7 entitled commission warrant to create section 2.7.2 entitled Hotel approval proced procedures to require the approval warrant by the city commission prior to the review of a land reuse board application or building permit for hotel suite hotel apartment hotel or hostel subject to exceptions and establish procedural requirements and review criteria and providing for qualification repealers avability and effective date this is a second reading public hearing the item requires 57s vote it is r5h commissioner magazine thank you Mr Mayor uh item I'm very proud of to work hand inand with my colleagues um and this was uh essentially one of several items that we've had uh over the course of the past year since this new commission was elected that really want to swing the pendulum in our city to a more residential Focus that is not throwing the tourism baby out with the bathwater we will always be a place that welcomes our tourists uh welcomes and thrives on our Hospitality but the pendulum has swung so far in the direction that we have really uh gone just so so far out of our way in every single usage and every single new development being a new hotel as opposed to residential we are the only city in all of Florida that has actually lost full-time residen year-over-year and that's happened in two ways one is not providing any new housing inventory of any material supply but then also uh just as importantly a lot of the older multif family homes that uh serve as organic affordable and attainable housing for some of our service workers our older residents our senior citizens um some of our residents most in need right they've been kicked out of their homes to turn them into hotels right in the middle of residential areas it's the single item there was a catalyst to get me off the sidelines to run now maybe some people appreciate that maybe he's not uh but uh it it was at a March uh HPB meeting where a um multif Family building in Collins Park uh was proposed to be converted into a hotel so this ordinance it's mirrored after something that went forward in New York City adds an extra layer to the hotel approval process so no longer can you just build as of right it has to come to the commission for approval it excludes our uh areas on the water and the thought behind that is that's not the area where we're going to have our affordable or retainable housing that is for residents right so if there's a five or six star hotel on the Water by all means go ahead and build the best that you can however if you're somewhere along Washington Avenue or Fifth Street or Collins Park we are just simply overs supplied with hotels and th this gives the commission a shot at the table to sit there and say well if we don't want a hotel in an infill area in the middle of a residential district what can we do to work towards getting the product that we want copying my colleague and friend uh vice mayor bot having a vision for the city that you want not where you currently are um but what I'm most proud of here is how it protects our vulnerable residents so now uh somebody that would go in and want to buy up a multif family building and kick out residents would have to come to the commission and say I want your approval to essentially do this inter in hot Hotel uh Tom I'll kick it over to you uh to see if there's anything you want to add to this if anything I misspoke um but those are the two things that are really driving this ordinances one wanting to shift the uh when there is going to be infield development towards a more residential Focus away from transit usages and then two protecting some of our most vulnerable residents that live in some of these multif family buildings that have historically uh in recent years been converted into hotels sure um thank you commissioner uh the only thing I will add to that is that the proposal as you stated creates a city commission warrant process for any new hotels moving forward so before somebody who wants to do a hotel a hotel in a district that allows hotels either submits a building permit application or goes before L board they must first come before the city commission for a warrant the legislation was approved by the Commission in first reading on December 11th with no changes to the legislation and additionally at that time the commission referred a separate companion Amendment for clarity purposes to the planning board in order to identify all of the zoning districts and make it clear that the warrant process would be applicable in each of those districts that doesn't have any impact substantively on this ordinance and we anticipate that that ordinance will be coming to you for first reading either in March or in April uh with that the administration recommends adoption of the ordinance Mr Mayor commissioner Fernandez thank you Mr Mayor and I want to commend my colleague commissioner magazine because this is the type of legislation that I think creates Legacy uh you are you are addressing the most critical need of our residents which is they're being pushed out of their homes you know seniors on fixed incomes individuals who can't afford even market rate housing in this city being being pushed out of their homes and being being replaced uh by these uh massive H structures that uh that don't serve our resident base so I want to congratulate you on this um because I do think that that this is a legacy setting policy I want to propose because you mentioned Ocean Front um and I just want to ask our our planning director for example an area like Ocean Drive is an area like Ocean Drive considered ocean front no it's not it's not okay so I just want to propose an an amendment because I think being and and achieving that goal the city we want to be I think it's also identifying you know we do want to continue having a certain level of Tourism but it has to be in the right place we can't have tourism next to where people are living and we certainly can't displace our our elderly to build a new hotel but I think areas like uh Ocean Drive and even you know the uh the the historic parts of uh of cin Avenue those are areas where where they have been historically you know tourism based you really don't have a lot of residents living in that area and if you were to be having hotels anywhere that's probably where you would want to have hotels so I'd like for the City attorney to read into the record uh an amendment if you're willing to consider it uh commissioner magazine to address this I'd be happy to um good morning mayor and members of the commission so this is an amendment to the exemptions section of the ordinance which currently exempts uh hotels proposed to be located on an oceanfront property the the amendment would say or if the hotel is proposed to be developed within a contributing building that was originally constructed as a hotel on properties within the Miami Beach architectural District along Collins Avenue or Ocean Drive and so if if you're willing to I think it it's is aligned with the spirit of your item uh if you're willing to if you don't mind it I'd like to speak on that CU you know I got a call from um one of the lobbyists um around town um and he asked if I can be okay with this and I and I I told him uh no I I don't think that we should be converting any Residential Building into a hotel or give them the ility to do that um you know people live I think there's one property that this is you know trying to Target on um Collins Avenue you know people live there currently full-time seniors and if we if we give them the ability to change it into a hotel at any point then what is what's going to happen to the people that live there now um I understand that it's also um you're allowed short-term rentals there but I think we should be going in the right direction for more residential not more transient so you know I I I'm I'm not going to be supportive of this amendment um to to basically make a residential building into a hotel and I understand that it was a hotel in in the past but look we've we've put forward legislation trying to turn office space into residential I don't think we should be going backwards for actual residential buildings to be um turned into hotels Madam yeah um very much appreciate the spirit of the amendment and if I didn't know about one specific instance I'd be completely supportive right um but it was brought to my attention I I met with a property owner who I think is has done great things for our city and I understand the Rock and the hard place that you're in uh and it warrants a further discussion that some of these older residential buildings don't have the economic means or viability to properly invest and maintain a standard of living um but I was approached by a property owner uh absolute gentleman absolute gentleman that that is stuck between a rock and a hard place where his costs in maintaining this historic building are far exceeding the rent that he's able to get in from keeping this uh in older res Residential Building um so I'm very very torn uh between this but at the end of the day there are over a hundred Miami Beach residents that are living there and in fact this is kind of the entire Spirit of what was behind uh this legislation you know uh it's the same thing in Collins park right it would have been a great hotel and I I understand the economic difficulty in maintaining that as a full-time residential building and I think it's an item that we need to address but for this specific instance um I I urge or or I would recommend to have it separate have a vote on the amendment I'm going to be a no uh just because of this one specific building I am aware of uh that really goes to the spirit of the law that I was looking to craft and that's looking to protect some of these older vulnerable properties from turning into a hotel I totally agree that that is the right area where we would have hotels in the middle of uh the historic mxc um but for this uh only because I'm aware of this one particular building that would be Exempted um I I wouldn't be comfortable going forward with the amendment uh that being said I I wouldn't begrudge people having a different View and if you want to go forward with a vote um I'll simply be a no and you know continue on with this ordinance uh but that's where I stand I I'll I'll withdraw the the amendment it's your legislation and if you're not willing it's I don't want to water if you're not comfortable with it I'll I'll withdraw the item commissioner Fernandez um sorry domiguez thank you uh commissioner uh I was supportive of commissioner Fernandez's Amendment um the particular property that um he mentioned uh was purchased as a hotel it's the property rights uh it's no current plans of changing it from residential to hotel but uh it is important to respect that owner um if the deputy City attorney would also read another amendment that I would have yes I'd be happy to and this is the second amendment that I passed out a few minutes ago um this would be an applicability Clause uh and I'll just read it into the record this ordinance shall not apply to properties fronting the west side of colins Avenue between 77th Street and 79th Street that have applied for a joint pre-application meeting with transportation and planning staff before November 26 2024 this is intended to address an an applicant who had initiated the process correct so there uh were people with applications in process and that's what this applicability would be for um in addition I had also spoken to another property owner uh who owns two hotels and and a third property that he owns is operated as a daily weekly or monthly uh I'm concerned about that owners um moving forward if this passes and commissioner you're speaking about the the James Manor cor which is I think it's 1849 uh James Avenue that's an apartment building where short-term rentals are are allowed and I think there's a resort tax question of of whether he has to change his life license from apartment to hotel but I I I can't say for sure but I I don't know that it would be impacted by this ordinance okay well I I would need to know for sure uh to make sure that they're protected um how would we find out um I from my my opinion is that it's that there's not a zoning issue there that that since it is a residential apartment building and and I believe it operates as a res res itial apartment building with short-term rental units um I don't see why they would need to pull a hotel resort tax account if it's not operating as a hotel somebody in finance told him he needed it so I need to get that clarified okay commissioner Fernandez and then unless anybody wants to speak let's call the vote you and I just I I just want to clarify uh the purpose of the of the amendment I mean it's I did I did get a call from uh from a property owner to to commissioner schar's Point um but that's not the purpose of the of the amendment you know we are at a point when our historic preservation standards are very under great scrutiny and when you look at the uh the requirements or you know the um the standards of the Secretary of interior for historic preservation those standards dictate and encourage the retention of the buildings or original use and that's why for that's why I felt it was appropriate that within the Miami Beach architectural District that we were able to get Exempted from other state preemptions that we stick as much as we can to the Secretary of interior standards and be able to encourage not not to encourage because this would encourage but it would facilitate in a way that we're not facilitating in other areas to buildings original use uh I also think it was a way to direct tell uses away from the residential areas uh into the more entertainment tourism driven areas of our of our city uh but but I want to respect the will of of the sponsor because this is very important policy and I guess we can see how it works and the great thing about policy is that we can always amend it over time and if we've see the need to amend this policy in in the future we can always do that Mr Mayor commissioner Suarez yeah I I just want to remind everyone from last year July 22nd 2024 affordable housing apartment converting to Boutique Hotel tenants being asked to move out or face eviction okay I I I have a pretty good memory and I I specifically remember many residents s sitting outside of this place with only a 30-day notice uh having nowhere to go and and they were elderly okay um I'm I'm not going to be comfortable with having residents who have lived here for decades being kicked out of their property okay um I I understand it's in a historic district but I prefer people over uh and their lives over the the direction of historic districts okay I I think that's the more sensible Humane thing to do in this situation so um you know I I I think we're just going to be setting ourselves up for another situation where people are given a 30-day notice to leave their uh homes where they've probably been there for decades and they're going to be looking for for help um and this is the situation where we can actually protect people from from being kicked out of their homes for another hotel so may I respond Mr Mayor good morning good morning my name is Mel schleser and I think I am the subject good morning Mr Mayor and Commissioners I think I'm the subject of discussion here I'm not comfortable at all being draped in a black cape and a black hat as the evil landlord that is going to throw people out on the street if I was going to do that it would have happened already because I'm in a short-term rental location and what you're doing is forcing folks who are in these situations to frankly change to short-term rentals so you're not protecting anyone by doing what you're doing uh the alamac which is what we're all talking about that's that 800 PB gorilla that's sitting out here that I am the owner of was originally a hotel in 1988 and ' 89 I converted it into from 116 room Hotel I reestablished the retail on the ground floor and I created 45 rental apartments and I have ran it that way for a number of years until the present day I have no immediate plans whatsoever to change that into a hotel but I do want to preserve the right in the center of the mxc district and I repeat the mxe district because I have heard here a lot of talk about residents residence residence and Collins Park and Collins Park and Collins Park I am sitting in the center of the res of the mxe district I am surrounded Ed by hotels I am probably the largest and only Residential Building in this this in this immediate vicinity my tenants are constantly subject to the noise the actions of the street it is sometimes unbearable some of the apartments although we're rented now because I am below the rental rates in the area we do not have parking and it is it is does become a difficulty to maintain that building in the in the current economic conditions between the the Windstorm requirements that the banks have had the limited amount of rent that I can get because the the apartments are restricted on parking uh I have a serious is issue it was never my intention to change this at this time however I do want to preserve the right in the future if I want to do change it to a hotel that I have that right every building around me for the most part is e is either a hotel or several Condominiums are in the area but there are very few if any rental apartments I can think of right now the west side of Collins Avenue is an mxe party District whether we like it or not it is and quite frankly alamac can bring class to that area because anybody that is going to take that over to a hotel will be spending significant funds and it will only be a four or five-star hotel so what you're doing is preventing something that is going to happen at some time eventually and you're restricting the use that I believe I had a right to have and should I want to make the change I could have thrown people out of that building several years ago I have three Apartments already that are short-term rentals at one time I choose not to go forward but maybe tomorrow I will go forward because you're restricting people's rights without any possible gain this is a this is a Historic Hotel it is not Collins park it is not the issues that you've dealt with in other areas of the city this is the Entertainment District that's what it should be I cannot run it forever as a residential building and I want the right to bring it back to what it originally was Mr Mayor commissioner Suarez thank you I I Mel I think it's uh I understand where you're coming from uh you you stated that you do not have an intent to kick them out but what if you sell the the building and and let me finish well I have one just it's I appreciate you it's not a back and forth though so so you know if you if you perhaps sell the building and the next owner decides I want everyone out and you have 30 days which has happened all the time on Miami Beach I'm not going to be comfortable with that I understand this is what you may have bought things have changed you know a lot of us got elected to in in in the like what magazine said the Crux this policy is because we're moving away from transient use we want to move toward more residential in fact we have legislation trying to turn office space into residential so it it it's it's to me it's a little disingenuous to say that we want to we want to move in direction of residential yet we're actually making it easier to turn residential units into a into hotels so uh again I'm going to be a no on this every time so if there is a property owner out there that wants to convert their residential use into um into any sort of Transit use I'm I'm going to be a staunch no commissioner Rosa Gonzalez Lloyd I know you're going to kill me on this but I see you out there and I know do you own a property that's going to also affect can you please come up and speak Lloyd because I'm very concerned about this simply because um Lloyd and Mel are longtime investors he's saying that he has no plans immediate plans anytime soon to displace anybody and it's fine if uh you want to take away property rights um but I'm not in the I'm not in the business of doing that especially um when he can turn these units into short-term rentals Lloyd how is this going to affect you my name is Lloyd Mandel um I've been a hotel operator in Miami Beach for more than 50 years in different projects um I will ask if you could clarify for me if this ordinance will absolutely positively restrict the ability of hotels to be established in um in Miami Beach where they were originally residential or whether it will make it more difficult and more complicated it looks to me like you're trying to make it impossible but in specifically I will tell you about one building I purchased 25 years ago a building called the James Manor um and that building has been operated as short-term rentals for 25 years we have never had any Resident staying in any of the the what were originally Apartments um kitchens were basically removed and it's always operated for short-term rentals um this ordinance in the particular and we've done it ethically it's not a party Hotel it's been um visitor spot for longer term or shorter term rentals I should say um if this and I mistakenly operated it with an apartment um like license um even though the activity was for shortage of rentals if this will restrict my ability to continue business that I've been doing for 25 years it will absolutely bankrupt this particular building uh I will ask for your confirmation on on this and your consideration um yes um Mr Mayor I I want to just clarify something so for everyone to understand what what we're passing here is the ability for the commission to decide on a caseby Case basis of hotels so we're not saying that you're not going to you're never going to be able to to do this it's just if you do decide to sell and someone decides to kick everyone out and turn it into Hotel we're going to be able to make that decision on a case-by Case basis it's not saying that you you automatically cannot uh be a hotel this is just going to come before the commission and and decide and so I think that's important because if you do eventually decide to sell Mel and you're a new owner decides to kick everyone out that gives the people who live in that building right now an opportunity to come out here and speak to us and tell us what's going on and if there's been proper concessions for them to you know maybe find a new home or or give them a a moving fee so I just want to make sure that everyone is clearly is on the same page that we're not prohibiting any more hotels this is just going to be a decision of the commission to decide on a caseby Case basis if we're going to approve a hotel or not commissioner Rosen Gonzalez um I would like to make a motion to defer this item while I speak to both Lloyd and Mel and understand better I'm going to withdraw my sponsorship on it right now too because I was a co-sponsor because I don't think it's fair that it doesn't apply to oceanfront hotels too so um it should apply to everyone that is is a fair law I would like every hotel hotelier to go through this process if we are taking away rights from some Property Owners I think it should apply to everyone I think that is what is fair and Equitable um and that would be I would just like to discuss this further and find out why it's not applying to ocean front hotels because right now I'm a little confused about that um so I'm not saying that I'm I'm a no but as of right now um I want to better understand U the percussions of all of this and make the law more fair and Equitable so that it applies to everyone equally and um we could refer it to land use in the interim and have a discussion um at at commissioner uh Fernandez's land use meeting I don't know if anybody would like to second that motion no what noiss commission commissioner Suarez if I may just re respond for a moment moment um and and I understand where you're coming from I understand your what what your concerns are I what I don't understand is that and I was part of this Miami Beach development at the time that we created the mxe the whole concept of creating an mxe was to create an Entertainment District folks who are living the Entertainment District understand the consequences uh of and and understand that we're we're in a an area where there are mostly hotels and to take away that right now of uh an owner from who has invested in this district with this possibility always in mind uh I think it's harsh there is a practical problem with saying that you're going to come to the commission which requires a super majority vote and think that you're going to get a deal done to possibly sell a building to a hotel uh operator in my particular case I cannot uh in view of the the requirements and restrictions in my new financing I cannot make any kind of a a sale for at least a year and then there are significant penalties this is not something I'm looking personally to do quickly but I need that right and I can assure you from again from a practical point of view it would be very very difficult for somebody to sit back while they're they're having a contingent contract that has to go through a commission a commission approval that could take several months and require a 57 vote again this is an Entertainment District I understand your concerns when you have the a residential district this is not the same case Mel I I lived on the MX I lived at the Drake Hotel okay that's in smack dab in the middle of an entertainment District guys guys I don't want this I'm sorry last point and then I'm I'm gon I appreciate I don't mean this in any disrespect usually people come up and then they sit down because it's a onetime shot I got to keep this moving along I'll let Floyd one comment then commissioner fernandz then then commissioner Dominguez as a 75-year resident of Miami Beach I will tell you that I care very much about the residence in apartment buildings and in residential areas and so I would very much support and request since this is an ordinance that has very serious implications that you do postpone it and look at it for the details um I'm person not opposed to protecting the residents of Mi Beach I thank you thank you thank you let's call V commissioner Fernandez and commissioner Dominguez thank you Mr Mayor there are many reasons why people run for office and this was the reason why commissioner magazine ran for office this was what he was uh campaigning on this is what he was knocking doors and doors on and this is what earned for him the support of the electorate that have entrusted us with the opportunity to make these decisions as I mentioned previously you know if if there are unintended consequences with the policy with the beauty about policy is you can always change the policy this has been to land use and as I mentioned to individuals that reached out to me this has been at the land use committee why are we hearing about this at the 12th hour you know if there were concerns about this this discussion should have happened at the committee at the land use committee and went there I think multiple times commissioner magazine uh and you've been working on this for long time and you know I this placees residents first it it protects residents Above All Else and all that it does is that it gives the city commission some ability to look out for the residents that have entrusted us with the opportunity to serve in public office commissioner magazine I'm happy to Second your motion at at the at the appropriate time to to to approve your item because I do think this is this is good policy we have so many other policies that we looking at to protect our our residents I presented a friendly Amendment but you are not willing to accept it I'm fine with it and if we need to do it in the future I'm happy to uh bring him back in the future commissioner Dominguez uh thank you mayor um Deputy City attorney if you could come back up um I would still like to make an amendment here uh my narrow Amendment the one for 77th Street and um Clarity for uh Lloyd Del's property um okay well your your Amendment for the 7710 Collins is on the days and I read that into the record already um would the commission like to would you like to make a motion on the yeah i' like to move that that people that are in process with applications are okay and if I could Madam vice mayor uh commissioner I believe that this is just a vacant poral of land correct uh the um good morning Madam St law fir burkow Del Fernandez Larin and tapenz uh here on behalf of 7710 Collins Avenue LLC and the owners are sitting over there um it it has two structures two units on it which are both vacant uh is a very narrow property it's only 50 uh feet wide and only 8,700 50 square ft they're proposing a boutique hotel they've been in the process of uh vetting the property been purchasing it for 2 years now and been in the process to go to the drb for many months uh and we just want to and so we've been delayed since the planning board acted in November so that's two months of delay now and I believe if we had to go through the warrant process that'd be another three months delay and again we we are already in the process uh it'll be uh one residential unit and 14 Hotel units that's all it's a there no residents besides property owners that are living on there now this time no is this an apartment Hotel yes there'll be a a unit there for uh the manager of the hotel okay Daniel let's call the vote Mr Excuse me Mr Mr Mayor may I may I just respond to another statement please sir I'll give you 30 seconds but we can't keep coming I just want to point out I have one-ear leases in in the alamac they're only one year leases most of the tenants of course are less than one year because they've lived there for some time I would agree if you could give the exemption to an Historic Hotel historic buet was a hotel as the alamac was that uh I would not new any conversion or terminate any leases within a year uh I can't give any more protection than that but tomorrow of course I could change it into a short-term rental so I'm I am willing to give that up and say that I will not do anything within a year if you could give me the possibility here of of at the in the future time to convert it to a hotel you thank thank you for allowing me to do that Dominguez thank you um so my Amendment for 70 for the 77 77 Street would you like to move that Amendment I'd like to move that okay the motion to amend requires a second and has to be voted on I'll second okay you can discuss the amendment or I'd like to discuss it a little bit I I just looked it up and 7710 is literally sandwiched between two residential buildings and look I to me if they've been in the process for about two years already I I'm not going to I don't think it's my I don't think it's right for me to impede on that so I'm going to support that Amendment because they're in the process um and there's been plenty of notice for that so I'm I'm going to be supportive of that mayor can you call the vote on that Amendment and call the vote so on the amendment proposed by commissioner Dominguez I have a motion by commissioner Dominguez and seconded by commissioner bot all in favor of the amendment I motion passes 70 okay um the Second Amendment I have I understand that commissioner Fernandez had a much broader one than the very narrow one that I had the situation with the alamac hotel is that before and after his street it's okay and um read into the record my Amendment and I let's see if I can get a second okay so this amendment um is is an applicability clause and it would read this ordinance shall not apply to properties fronting the west side of Collins between 13th and 14th streets with a contributing building with less than 50 residential units if the contributing structure was originally constructed as a hotel and then later converted to Apartments such structure is exempt from the scope of this ordinance and can be converted back to a hotel valuse this is much more narrow than the other Amendment and I'd like to move this item this is for the this is for the same property that Mr Schlesinger is correct correct yeah am I'll second let's call the vote so this on the Second Amendment on 13th and 14th Street uh all of favor I any opposed no oppos so one opposed by commissioner Suarez seconded by is there anyone else I'm no so magazine is a no I think we need a roll call this Mr Mayor call so okay I'm going to go alphabetically on the Second Amendment commissioner bot yes commissioner Dominguez yes commissioner Fernandez yes commissioner Rosen Gonzalez yes commissioner mag azine no commissioner Suarez no air Miner yes motion passes Second Amendment is accepted Daniel and then we'll call on the vote okay thank you um and then um the last clarification has Finance given this Clarity on uh Lord Mandel's property uh it it sounds like the issue is that that Mr Mandel does need to convert the um he needs to do a change of use to hotel to reflect what's actually happening on that property okay and did he already apply uh for that um Mandel so it would be in progress he already applied for making that change I want to make sure that anyone that's applied uh is protected so um he says he has a building permit process number so which means he's initiated the app I can't confirm that on the on the fly but but that he has a building permit process number um to convert to Hotel so so this item would be prospective no it would apply it would apply because he only he only pulled his process number recently so we would so you if you could propose a third uh Clause to say that the ordinance shall not apply to properties fronting the west side of James yeah I would east side yeah I would probably say for properties fronting James Avenue between 18th and 19th Street which have a app for a proc an applicable process number to change the use as of the effective date of the ordinance okay I will move that third friendly Amendment through the vice mayor who's that for I'm sorry this is for the James Manor which it sounds like 18 the mar the and the James Manor and Mr uh planning director what is it currently registered as is it currently registered as a short-term rental it appears that from the information that we've learned that it was originally a residential building and they made some modifications that um actually may have made them hotel rooms and that they were require are now being required to either add kitchens back and get a short-term rental license because short-term rental what is it registered now as an apartment apparently it is a residential building now so we're going to provide an exemption to convert a residential building into a hotel it's not being converted it's operated as a short-term rental today daily weekly monthly so correct it's it's nobody lives there yeah it's important to distinguish between short-term rentals and hotels short-term rentals refer to the short-term rental of an apartment unit so you can only do a short-term rental or get a BTR for a short-term rental if you are a residential apartment hotels don't require a short-term rental so a lot of people use it interchangeably but they are inherently different I believe the case with the James Manor is that some kitchens may have been removed and they may not technically qualify as residential units now so they either have to reinstall kitchens and become a residential unit uh or they could convert to to a hotel in which they would not require the reinstallation of the kitchens I think that's what the issue is now from from what I understand and according to the owner they've initiated the process to convert the building from residential apartment to Hotel so if I understand this correctly this is bookkeeping catching up with actual it's not going to effectively de facto change the use right because it's been used as a no not necessarily commissioner because we don't know whether or not the work that was done by removing the kitchen was properly authorized and so they may very well have to do a change of use and obtain a building permit for a change of use from residential to Hotel so is there an opportunity to bifurcate this from everything else and treat this separately since it doesn't sound like we have our complete set of facts in front of us we're we're all trying to keep as many residential units in the city as possible we also don't want to penalize somebody for um you know for over the decades a mistake having been made I'm not I'm not even sure what what the true issue is here but I don't we have over 200 agenda items today can we take this separately and deal with it as a separate issue the challenge Commissioners this vice mayor this is second reading so it's the the way we would do these amendments is as an applicability Clause so I would recommend you do it as part of your vote at second reading so what is the best way to move forward here well this is a policy call for the commission right so if you'd like to um if you'd like to exempt the if if You' like to address the the situation for the James Avenue property it would be to include an applicability Clause um similar to the other two just called a similar vote which commissioner fcking do you have who who had the more narrow Amendment on this I'm sorry where did was that yours uh well that one already passed um I'd like to do a narrow Amendment given the fact that he's been operating this way for 25 years and he's already made the attempt to make the so make your make your Amendment motion so the amendment is that the that the ordinance uh shall not apply to properties along James Avenue between 18th and 19th that have obtained an applicable process number uh for conversion to a hotel is that right yeah okay so I'll move I'll second any discussion call the vote so on the third amendment 18th 19th James Avenue all in favor any opposed no so I hear two commissioner magazine and and mayor and uh commissioner Suarez and I'm also and mayor is a no so that's three NOS the amendment passes okay Daniel and then we'll call on the vote on the main item well if I I don't I don't know I heard Alex because he's behind a mask were you a yes or were you a yay or n this is you know I I gotta tell you it this it really puts me on a in a difficult position because at least Mel I met with M I understood Mel's situation I met with the individual from North Beach I understood the individual situation in North Beach and you know I'm being asked to vote on something on the Fly that I have no idea the circumstances on and after something has been through a public vetting process in committee this can't continue happening and I'm telling it putting it out there to all the individuals that deal with this policy there's a reason why we spent hours discussing things at committee there's reasons why we open up public opportunity to be heard at committee so that we don't have these amendments at the 12th hour that benefit no one so I'm going to vote no on it so having heard commissioner Fernandez's vote the third amendment is not approved and by the way that that was well said commissioner Fernandez I we I'm sitting here and and I understand I'm not blaming anybody it's obviously people are reaching out to us but it it puts us in a difficult position after we vetted this for multiple meetings Daniel and then we have a main item to vote on you yes thank you Daniel seral with Miami Design preservation league so um I had him been following it as much and except for the original proposal which was very well received I did get contacted by some folks that are looking at Washington Avenue potential projects and they said this ordinance might stop that but it sounds like it's more of a step is that correct that you all get to vote so I guess as a sponsor we're willing maybe to share how that process will work and if you're definitely know on Washington Avenue or that you're open to certain buildings being uh you know potentially changed because what I want to say is that you know resiliency is also about adaptability and we have a lot of historic buildings which have changed their use look at Alton Road the single family homes in that area where have dentist's office Etc you have so many different buildings that have been adapted so I think we do have to listen to the property owners and that flexibility that comes with a change of use while also protecting the residential uh housing that is so important so thank you okay let's call a vote commissioner magazine do you make the motion as amended then wh which amendment meaning the two amendments are 77 79th Street 13th and 14th streets well they passed they did but in other words I don't have a maker of the motion yet on the main ordinance so on the main ordinance yes I I'll make a motion so as amended uh commissioner Magazine made the motion and I recall that commissioner Fernandez said he would second it commissioner Fernandez yes commissioner Rosen Gonzalez yes vice mayor bot yes commissioner magazine yes commissioner Suarez yes commissioner Dominguez yes mayor Miner yes motion is adopted as amended with the two previous amendments that were mentioned r5h easy commissioner magazine right smooth uh C7 q t7 q is a reestablished portion of annual Miami Beach International Boat Show on Indian Creek it was separated by mayor minor and that's it yeah so this is um a a new operator of the International Boat Show that is proposing to bring back the portion of the boat show on Indian Creek the reason why I pulled the item is um and we'll we'll hear more about it but I'll summarize is that there are my understanding and reading is that there are a number of guys guys if we can there are a number of safeguards to protect uh um literally specifically regarding traffic but the reason why I pulled it is because I live through the boat show prior to when I was even commissioner so I was not an elected official but my apartment literally faces Indian Creek and Collins I watched it and I'm sorry it's a different operator I keep saying that because they should not be held to blame for what happened but it was not a pretty sight I remember as a resident I didn't even have to I used to walk over there so I didn't have to drive it but I used to get frustrated because I'd see that lane blocked on Collins and sometimes for loading sometimes just the lane was blocked and cars were trying to get around it and the traffic was unbearable and what's happened in mid Beach is the traffic has gotten uh exponentially worse since that time just in general um and and that is true of South Florida in general with Miami Beach and I I it behooves me to to bring this up I and I'm calling it before noon because I understand the traffic consultant for the boat show operator is here um but I I I just it's critical to me because I I personally think that people are going to be very concerned they're going to when they hear about this they're going to be very concerned because I know the uh the the concerns and the frustration that our residents had uh in years past so I'll turn it over to you thank you so much good morning honorable mayor vice mayor and Commissioners Raquel Williams assistant city manager so along with the tourism and culture and transportation Mobility teams we negotiated an agreement to reintroduce the yacht show uh display as part of the Miami International Boat Show the boat show has been a partner with Miami Beach for several decades as you recall they occupy the convention center in February of every year uh they bring thousands of people to Miami Beach and Miami D County and they also offer a billion dollars worth of economic impact to the region so the yacht portion of the boat show essentially will help to elevate the show in its entirety and to really position Miami Beach as a destination uh for those uh inspired by boats those who are in the market for boats and those who just you know want to come to the beach for something special uh we have negotiated a multi-year agreement which would begin next year in 2026 and run through 2030 there's also an option for a 5year renewal the agreement calls for a license fee for about $156,000 there is also a public benefit to the tune of $250 per year for Waterway restoration and cleanup efforts that would significantly assist our environment and sustainability Department in making sure that our waterways are pristine we have negotiated some stringent restrictions as it relates to transportation and Mobility as in years past there there were road closures associated with these events but now we're not going to be having a road closure at all uh the float mobilization process that will allow the dock to be assembled that will all take place from the Waterway uh we do want to allow them to have some access to Indian Beach Park as well as 150 parking spaces across from the uh Waterway abing um Indian Creek the where are those 150 spaces so the parking lot just north of the Eden Rock and Fountain Blue it's to the north end of that parking facility that's p71 and Indian Beach Park is adjacent to those parking spaces so there will be some activation in terms of staging as well as some operational back of house uh opportunities for the show how how many spots are in that lot now just generally so there are 150 spaces that will be utilized for the boat show I think there's over 500 spaces total I think our transportation team can confirm yes so uh we do recognize that for the short period of the license uh period which is 22 days per year we do not anticipate that this would create a significant impact in the area uh we do know that the boat show will be partnering with the hotels in that Corridor as well and they will also understand that the parking needs in that area will have to be accommodated for the boat show uh I do want to share when you say there's an understanding is that contractually require so the boat show will have to submit to the city uh their agreements or verification of their agreements with those Upland Property Owners so consider the fountain blue to Eden Rock to demonstrate to the city that they will have access to use uh the property along Indian Creek uh the show will consist of not only public property but also private property the agreement before you is for the public property but we do have some uh regulations and requirements to demonstrate that they do have access to that private property uh I do want to mention that the site plan has significantly been reduced by about 50% since the last time the yacht portion of the show was here in 2018 they've also reduced the number of boats it was about 250 now it's just over 400 boats that will be a part of the yacht show uh those numbers again what was it and what it now sure it was 250 and now it's above 400 about 450 you you said it would reduce the footprint yes the footprint has been reduced by 50 I'm sorry you you've increased the numbers I'm sorry that's all right uh the footprint has been reduced by 50% so it was 450 now it's 250 got that that's the that's the number of boats so there there's two things the footprint is the length the the linear footage that has been reduced by 50% the number of votes has also been reduced as a result of the reduction in in the footprint sorry if I was unclear okay uh I do also want to mention that the show will be branded with Miami Beach as part of it so the yacht portion that is specific to Indian Creek will have Miami Beach as part of its name logo and brand which is a tremendous opportunity for the city because this is the elevated element of the show we definitely want to associate the city with an elevated brand and so we're delighted that the event producers have agreed to that stipulation there will also be no styrofoam or Plastic Products utilized the uh dock materials will not be made of Styrofoam as it had been in the past and so we wanted to make sure this was environmentally friendly how how many res how many days is the show between uh load in the show and load out that's 22 days but how long is the actual show the actual show is about five days five days and and residents will also get a discount of 50% for any element of the show so whether it's at the Miami Beach Convention Center or at Indian Creek residents will receive 50% off and does the 22 days include the five days of the actual show yes 22 days includes load in show days and load out and what about use of the swell by Indian Creek so they will have access to the property uh we will maintain that the sidewalk be available to the public but they will have access to the property AB budding Indian Creek that is under the ownership ship of the city and in the contract it specifically says that no Lanes at any time should be blocked off that's correct and and that's both and what happens if that's violated what what is the contract called for as a penalty so we we have a termination for convenience clause and we also have default provisions and so we're going to be monitoring them very strictly to ensure that they adhere to the requirements of not only the agreement but the associated Mobility plan which they will submit to the city for review and approval each year and that Mobility plan will outline all of the traffic mitigation and traffic circulation that will be required for each annual show is there a water taxi component to move people back and forth so I I know that they are here and would love to expound on the Mobility plan and what they intend to offer and so this is Spencer Crowley uh representing in foral markets good morning mayor uh Commissioners thank you for having us my name is Spencer Crowley 98 Southeast 7th Street um we're excited uh to be here and have the the city uh considering this item um in response to your specific question about water taxi there is a water taxi that goes to Gib park because that Park is specifically set up with floating dock to accommodate a water taxi uh at this time we're not planning to have water taxi go to the Indian Creek portion of the show um just because of the logistics of having to go up north uh and then down back into the creek it's it's a really long boat run so Rick what is convenience so this is a five-year contract uh that's correct sorry I'm always sorry for this hypothetical I'm giving worst case scenarios but worst case scenario traffic Lanes get blocked it becomes not not a pretty site after year one what's our is is convenience is called for in the contract is is blocking of traffic Lanes considered a viable reason to void the contract well termination for convenience means you could terminate for any reason or no reason what you had raised during your briefing was the concern that the termination for convenience is only on February 1st meaning that if the first year show proceeds in 26 you would not be able to cancel the 27 show you would only be able to cancel the 28 show for convenience Andel is looking like she wants to add something sure so we wanted to allow the uh event producer and operator to have the ability to work out any potential Kinks as we know bringing a show back uh after a number of years with a different footprint and with a different uh producer might have a few areas where we would want to massage and tweak for the second year and we didn't want to penalize them for uh not necessarily having all of those those Kinks worked out in year one however if there's a desire to move the termination for convenience date we can certainly um have that discussion and I I think there's some flexibility there but our intent otherwise it's a twoe cont it's a two-year deal really with because we won't have any any evidence of it well until we certainly you know we wanted to ensure that we had a smooth show and that we would monitor uh the show and every element of it but we also understand that we probably will have to make some tweaks once we observe things and you know observe Lessons Learned for the future and then we would Implement that in year two and Mr Mayor if you will um I think and the attorney will uh City attorney will agree that there's a distinction between terminating for a convenience and default so if we default on an agreement provision the city can cancel the agreement uh if the city wants to cancel for uh whatever reason they just want a boat show that's where the the date comes into into play so I mean like you're saying if we if we block Hollins Avenue that's a default of the agreement the city can terminate right away yeah I I I get that but and I'm I'm sorry to keep assuming that it's going to happen because but we have to assume worst case scenarios but oh but come on mayor or come on Commissioners the 18wheeler you couldn't get it backed up onto the sale without blocking the traffic it was it was 15 minutes it was 20 minutes I'm just saying there there's there's there's levels of degree and I just want to make sure because there's really when it comes to this traffic and that's why I'm trying to I'm I'm I'm spending so much time on this there literally is no room for error that traffic is so bad it's it's it's all we hear about from our residents all over the city especially M Beach we don't even have the the the ability to say we're going to block the traffic for five minutes it will send for miles it will block it'll it it'll spiral out of control there's there's no room for error here zero and that's why that's why I'm bringing this up because I I I'm I have to assume I have to when if we're going to approve this the worst case scenario and the worst case scenario is when we get calls why is our lane being blocked why is traffic on columns being blocked and and that's what I'm that's why I'm pulling them that's why I'm telling you we'll see yes sir we understand the sensitivity to it we included in the agreement and bold all caps and no event will cins Avenue uh laye en closures or indan creek it's just not we're not allowed to do that if we do it we default City can default us and this whole thing is over we understand we take very seriously um our impact on the community we want to be great Partners I think informa is a longtime partner of the city with the convention center they have over six uh half a dozen shows at the convention center um and I will say yes you have as far as I can tell you've been a very very good partner so this is this is very much incumbent upon us as part of being a good Community partner to to do our best and and to make sure that there are uh very limited issues so we we get it we take it very seriously we have hired the best uh Traffic Engineers in the city uh kimley horn who are with us today to help uh come up with a Mobility plan and we'll be working with them throughout the shows so we understand the concerns we understand the sensitivity we're we're taking it very seriously and we think we're going to do a great job and and just to add the boat show is one of the few major shows that comes to the city and invests in a Mobility plan and transportation and traffic management uh we have seen them activate year after year and uh rather than always coming to the city asking us to provide funding for for those resources they have always come to the table and made sure that they offered that as an ele of their show and so we have negotiated in good faith and we believe that this operator has been responsible and will continue to be responsible and we are in support of allowing for this 5year license agreement are you amenable to moving that date to March 1st um if that makes the commission feel better that's okay with us commissioner Suarez I was just going to say look I I think we've struck the fear of God into that them um and and look this is a uh this is a partnership we're looking for a long-term um you know relationship we I don't think that the boat show is actually is looking for a Wham and Bam and and get out of town this is um they they have the best interest of the community um in mind and when they approached me for the boat show being the boting commissioner I guess um um I said absolutely no no lane closures at all um everything should be built from the water and and they agreed um and so I think that this is going to be a great uh bonus for for Miami Beach and and we have they're they're doing a community benefit of 250,000 that's going to go directly to our waterways half of Miami Beach is water um and and it's going to be recurring so um I I welcome the show I I I used to love going to it um and now that we've we've really significantly lowered the footprint by 50% um it's going to be such an added benefit and the fact that also this show is going to be plastic free right there's not going to be a a single piece of plastic at this show uh they're going to hire specifically people just to be on the dock and on a kayak to make sure that if they're if there is any Trash floating around they're going to pick it up right away um so it it it really sets the stage also for a precedent of of events that we want to see at Miami Beach that are sustainable and and are plastic free so with that I'd like to move the item yeah if I could just follow up on on on one issue before I talked I know commissioner Fernandez um we were talking about can you can you go into the uh because Rick we also disc discussed the default provision relating to traffic can you can you explain that currently the default provision allows for a 10day um opportunity to cure so to your point if traffic or failure to comply with the traffic Provisions is is means for a default it would be meaningless unless it's like an automatic termination right in my view okay any objection to that well I think if it's related to a lane closure or Lane blockage that's that's fine do you think it needs are you comfortable with that I I think we could do that for Lane blockage I think maybe we could shorten the Cure period if it's something uh substantial but that doesn't entail Lane blockage maybe okay do you have a proposal is this fine let's just be clear is this I'll turn to Eric now is this final are we literally negotiating the final terms of the contract right now so you are approving a license agreement in substantial form to what was attached to the item however if you have tweaks or would like to see us modify something now's the time that we would like to have that feedback so that we can incorporate it in that's what I thought the final agreement yes and I I would like feedback from Transportation as to what would be an appropriate time frame for the Cure the link closure is automatic automatic right you giv me by the way your responses are giving me Comfort yeah well I mean we trust me Mr Mayor we're we're as I mentioned before we understand the sensitivity we understand if this doesn't go well then it's going to create problems for us down the line we do not want to be a problem we want to be an asset to the city of Miami Beach we know City of Miami Beach is trying to attract the right types of events uh to come back to the beach we believe we're a marquee event that's been in this community for decades um along with you know Food and Wine Festival the the W paloa these other events that are now coming to the beach and having really good impacts that's the that's the type of event we believe we are we know if we create significant negative impacts we're not going to live up to that so we're very um no and you have been a good partner and we and we know that we have to to live up to what we're what we're saying so and and the and the boats that are coming in the Yachts they're coming in by water yes sir Jose Transportation director sir thank you Mr Mayor uh so just wanted to add we're going to be monitoring all activities in the public RightWay very closely Boat Show will also have their consultant monitoring our our contractor will be monitoring traffic as well if receive any reports it's not monitoring it's about a contract provision that we're putting in receive we all know we we I appreciate that Jose but we all know there's we you just cannot enforce and monitor everything it's just it's impossible we that's been proven time and time again understood this this is a contractual portion that we're negotiating here what would be a reasonable time lane closure is automatic what about it and that's what I was going to say our expectation is that if if we're made aware of a lane closure there are no lane closures allowed so if if it happens it needs to be cured instantaneous immediately because they're committing to not closing any lanes throughout the show or before or after or during load in and load out Rick do you have any followup um no but in terms of something other than a lane closure what would be a reasonable period of time to C to cure if there's um excessive traffic as a result of activities or if they're um outside of they're they're doing conducting activities outside of hours and you don't have to decide this now I suppose we can work on this offline okay just want to make sure because that's why I turned to Eric about yeah I mean we I can talk to the team but I think we'd be okay with something like three business days or you know five days just but but for something that's traffic related if the show itself is only five days it would need to be within hours know traffic I I thought we were including within the automatic default so okay I I thought it was only a lane closure was automatic but traffic in general is an automatic default well I mean what do you mean by traffic like if if there's like extra cars on the road we can't just default the I think we need to to work on this and refine it a little bit I mean it it's like I think it's very clear in the agreement the triggers for default right so now we and that's already been laid out that's already been negotiated the default cure provision is 10 days so now we're talking about just reducing that to some lower amount which for C def three bus days or I think we there's if there's an impact during uh Peak traffic times then that's I think an hour or two to resolve the issue would be most appropriate I don't know that an immediate cure would be feasible Andre realistic but I think a couple hours at two the most during Peak traffic hours I think that would be reasonable what do we what which which aspect so for traffic uh blockage or traffic impacts uh that do not necessarily meet a closure but has an impact to the city in such a way that maybe it needs to be cured the next day as the other possibility or the next Peak traffic period that's fine that's fine something like that commissioner commissioner Fernandez thank you Mr Mayor I have many of the same concerns that you share um when we when we think about this area of of the city the number one concern that I receive from residents is traffic Collins Avenue gets uh gets gets gridlocked and you know I I I appreciate the important role of the of the boat show it's 50e history with our city and it's always exceeded all of its expectations um but you know you know I too got a call from the lobbyist and that wanted to bring the show back to Miami Beach and and when I told them is that I have the concerns of these residents what do I tell my residents who are sitting in traffic begging us for Solutions and we're telling them that we're doing everything we absolutely can to try to mitigate and improve traffic while at the same time casting a vote to bring a special event into this area of the of the city I'm hopeful by everything by all the safeguards that Mr Crowley has put in place that hopefully hopefully it will all work out well uh and I trust in the word of of what's being of what's being said here and the desires to mitigate everything I just today I you know out of respect to all of those residents who I have told that I'm trying to do everything that I can to improve their quality of life to reduce the amount of time that they sit in traffic especially during this time of the year I can't support this item today thank you Mr Mayor thank you commissioner Rosen Gonzalez gosh I wish I would hear so much passion about traffic when we're talking about density increases which affect traffic the entire year um then everybody goes quiet but here's what I would say about the boat show when we lost the boat show and when did we lose the boat show how many years ago 2018 was the last year that the yacht portion was here yeah I think it was devastating um for so many people for the economy in general um I'm very happy to have it back I understand that um During certain events like the boat show and our buzzle you know um it's uncomfortable it absolutely is um and I'm glad that you're putting these Protections in place but I also think that we need to recognize the benefits that come along with it especially at a time when um our business Community you know is saying hey you know where's the season we're not you know seeing it so I'm I'm happy to have it back because it's something iconic it's world renown it's um the exact type of Tourism that we want to create it's the investment that we've made in our convention center it's the $75 million that we just allocated as a grant to build that Convention Center Hotel so while it is um you know I think that they've agreed to make as many traffic um accommodations as they could possibly do so um happy to support this and you know for um my colleagues that are so concerned about traffic I know that there are several Den items coming up today and I hope that they will look at those with the same type of passion um because those uh cause discomfort 365 days of the year and not just a few uh during the boot show let's call the vote I I actually need a second half aot second second okay so all in favor of the item as amended please say I I anyone opposed commissioner Fernandez and mayor or yes yeah yes okay so one no commissioner Fernandez item is approved c7q as amended thank you all very much thank you thank you R9 acor R9 AC is discussed partnership with beachbox install kiosk at City beaches R9 AC Madam commissioner just kidding you call me fores earlier um hi um I uh was brought this item forward by uh Jerry Li libin and uh the resident um who had this idea is here as well and uh I will let the city administ ation take it away good morning Commissioners Mr manager Mr attorney Mr clerk um Elizabeth Muro assistant director for facilities and Fleet Management for the record this item was brought first um before the finance and economic resiliency committee um Mr igene here um he presented this item and for did not go forward with this concept however it was later discussed that the December 13th Public Safety neighborhood of Life meeting the item he's presenting before you today is a beach box which are saves that we can put on the beach um he's provided this concept and also a proposal the city's administration's position however is if we were to go forward with something like this to issue an RFP thank you um now in my agenda review the city attorney's office had concerns that this conflicted with uh existing agreements with our beach vendor and if somebody from the city would speak on that yes absolutely so there's two things that should be noted one a current uh Bush Brothers who is the current city contracted concessionaire for Lumis Park does have exclusivity and they do offer a similar product called aqua volts on our City's beaches additionally under the fifth restated rules and regulations we do not allow this type of product on our beaches um for you know Upland property concession as well um and uh the vendor you have contracts with hotels currently and as it stands can he continue to work with hotels on he can continue to work with hotels however um not on the city's um you know sand this is not one of the approved commercial concessions that we allow under the beachfront rules and regulations hey uh thank you guys good morning uh mayor stepen Miner good morning uh steam Commissioners uh so I would like to defer this item I'm going to be working with potentially uh buet Brothers management to uh Forge a partnership together um and then I would like to revisit this uh this item okay so what I'll do is I'll withdraw this item and then um when you have something fresh and new you can approach us and we'll somebody will put it Forward okay thank you guys I'm sorry can you say your name I didn't get it uh Austin iene nice toet okay it's call R5 I r5i is an order to the mayor and City Commissioner of city of M Beach Florida amending the code of the city of May beach subart B entitled Mii Beach resiliency code chapter 1 entitled General Provisions article two entitle definitions section 1.2.1 entitle General definitions by amending the definition for floor area to create an exception for unisex or gender neutral restrooms and providing for qualification repealers of liability and an effective date this is a second reading public hearing the item requires 57s vote it is R5 I sponsored by commissioner Fernandez co-sponsored by commissioner's magazine Laura Dominguez and vice mayor bot Fernandez thank you Mr Mayor uh this is an item we brought forward because gender neutral restrooms have several benefits uh including creating safe and accessible environments for all people irrespective of gender they can be used by families they can be used by uh by by by anyone and and everyone uh this includes accommodating people with special speci needs people with small children elderly individuals with a caregiver as well as the transgender and gender non-conforming uh individuals exempting such restrooms from F calculations is intended to encourage their use by allowing the square footage of such facilities to be allocated to other uses in the building uh there's uh there's this was uh this one before the planning board it was approved it was transmitted back to the city commission and Tom I don't know anything else that we need to add regarding this item just that it was approved unanimously at first reading in December thank you with that Mr Mayor I move my item I'll second call the vote it is a public hearing I see miss Iris Donahue requesting to speak Miss donu are you speaking on item r5i Miss Donna here please unmute yourself PJ misani who had her hand up for a while so it may not be for this item I see so no one else here in the audience if there's no other discussion may call a ro yes commissioner magazine yes commissioner Dominguez yes commissioner Suarez is absent vice mayor bot yes commissioner Rosen Gonzalez yes commissioner Fernandez yes mayor Miner no motion carries the item is approved that's 5 to1 yeah it it is approved 521 and one absent R5 J R 5j is anti of the mayor of City Commission of the city of M Beach Florida amending chapter 50 of the code of the city of M Beach Florida entitle fire prevention and protection by amending section 50-10 thereof entitle other permits and reviews by prohibiting the issuance of firework permits for display use or discharge of fireworks in biscan Bay or in any residential area in the city and providing for repealers cability clarification and effective date this is a second reading public hearing the item requires 47s vote R 5j Ice marbot co-sponsored by commissioner Dominguez um well we had the same idea at the same time so um basically fireworks are incredibly damaging to our waterways um we won't even mention our dogs well-being but for waterways and we are steers of our public lands and and so um there really should no be as of right permission to um shoot firewalks Works off into the bay um and so I will let the city staff who wrote this um provide some details but as soon as they're ready I will move it unless Laura wants to say something in addition uh no I completely agree and I'd like to move the item okay City staff you miss your opportunity let's call the vote so I have a motion by commissioner Dominguez seconded by commissioner bot if so uh and there is no one in the audience requesting to speak uh commissioner Dominguez yes vice mayor bot yes commissioner magazine yes commissioner Rosen Gonzalez yes commissioner Fernandez yes commissioner Suarez is yes okay commissioner Suarez is a yes mayor Miner yes motion carries the item is approved that was item R5 J r5p as in Paul R5 p is in Ord of the mayor and City Commission of city of M Beach Florida amending Chapter 70 of the code entitled miscellaneous offenses by amending article two entitled public Paces amending division two entitled bicycling skateboarding roller skating inlight skating motorized means of transportation electric bicycle mopit motorcycles mayor I've been told that that this item is being requested to be open and continue to February 26 thank you there has to be a map attached to it and it wasn't ready yet so February 26 okay good to know r5k commissioner Suarez Let's uh remove Echo tour but let the clerk announce it yes sir r5k is in Ord of the mayor City Commission of the city of May Beach Florida amending chapter 82 of the code of the city of May 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 vessels activity hours of operation of publicly owned marinas to modify exceptions to the prohibited hours of departure for commercial vessels of publicly owned marinas and Marine facilities and providing for repealers of ability clarification and effective date this is a second reading public hearing it is item r5k commissioner Suarez let's call the vote one minute uh it has been uh moved by commissioner Suarez second by commissioner Fernandez there is no one in the audience requesting to speak neither in the audience or in Zoom uh commissioner Rosen Gonzalez yes commissioner magazine yes vice mayor bot yes commissioner Fernandez yes commissioner Suarez yeah commissioner Dominguez yes mayor Miner yes motion carries item is approved that was item r5k r5e r5e is an or of the mayor Commissioner of city of May Beach Florida amending the resiliency code of the city of mayi Beach by amending chapter 7 entitled zoning districts and regulations article three overlay districts division one entitled Dune preservation and ocean front overlay section 7.3.1 point2 entitled Ocean Front are referencing compliance with newly created section 14-1 of the Mambi Beach code entitled beachwalk access and visibility and adopting corresponding amendments to the Land Development regulations and providing for codification repealer of ability and effective date this is a second reading public hearing the item requires a 57 spoke and uh Ralph can you call r5f it's a companion item both by vice mayor bot yes sir r5f is an ordinance of the mayor and City Commissioner of city of Mii Beach Florida amending subp part A of the code of City of Mii Beach entitled General ordinance chapter 14 entitled building regulations article one entitled in general recreating section 14-1 entitled beachwalk access and visibility to establish minimum requirements for pedestrian visibility to and from beachwalk and providing for repealers of ability C and effective date this is also a second reading public hearing it is item r5f vice mayor bot thank you so um for the better part of the last year plus uh we've worked with a cross-pollinated team from staff as well as residents and neighborhood associations trying to identify lwh hanging fruit on how to improve safety on the beachwalk when you are uh on both your own feet and various types of Wheels um it doesn't mean that we're not all also looking at the bigger forier issues but where we can knock off the low hanging fruit faster we are doing everything in our power so both of these items are geared towards that improving the visibility triangle when you come onto the beachwalk or leave the beachwalk so that the um Shrubbery is cut in a way and the the Landscaping is cut in a way so that you don't have to get out at a right angle and get run over by a fast moving bicycle or whatever um and the same thing with um the Shrubbery and the fencing Heights to make sure that as you come around um curves you have a better shot at not being run over so with that which seems like a good thing I don't know call me crazy but I'll let Tom um explain it any further and then I will move my item I think that uh you covered everything um vice mayor and the companion item R5 would simply create a very small text Amendment to the ldrs to reference this new section so that with new plans are submitted for review staff would be able to reference that and the only other thing I would add is both of these were approved at first reading unanimously in December and that for item r5f we did add an applicability Clause of 90 days from the effective date so that we can begin to notify property owners of the upcoming changes I'll second let's call the vote so there is no one in Zoom no one in the audience requesting to speak this is a vote a vote for both items so both for r5e and F uh commissioner Rosen Gonzalez yes commissioner magazine yes vice mayor bot yes commissioner Suarez yeah commissioner Dominguez yes commissioner Fernandez yes mayor Miner yes both items are approved so that was r5e r5f are approved thank you let's call one last item before we break for lunch r7g r7g is accept recommendations Implement enhanced public safety measures commissioner fernandz thank you Mr Mayor this is an item I've sponsored aimed at explaining ways we can ensure consistent levels of enforcement throughout the year comparable to what we Implement During certain of our high impact uh periods uh During certain times of the year we see a highend level of enforcement whether it's traffic enforcement DUI checkpoints or tag checks these measures not only help prevent criminal activity but also allows us to intercept potential criminals before they even enter our city the goal is to maintain this level of vigilance and deterence randomly year round not just during peak times when they're expected we've seen uh a certain level of of I don't I don't like to use the word success with with spring break but certainly a a great level of improvement in public safety during spring break as individuals with open warrants or those intending to commit crimes think twice before coming to our city and I'm hoping with this uh resolution um we can maintain that same level of deterrence throughout the year where individuals will think twice and they have open warrants and they're thinking of committing a crime they'll think twice before coming to Miami Beach uh because they couldn't uh get get checked uh in in one of these hien levels of enforcement by randomly enforcing these safety measures we want those considering criminal activity to remain un to to remain uncertain and Waring knowing that they can never be sure when these measures will be in place uh I've asked the police department to put together a plan detailing how throughout other times of the year this will be implemented and I see we have our uh deputy chief Paula Costa here uh who I'd like to recognize to walk us through one they prepared good morning everyone mayor commission um ma Miss city manager Paul aosta on behalf of the PD please remind me not to run ever again down here um give me a second to get my breath but um um when we run more we we pant less you're right we wouldn't have this issue we uh Mr commissioner thank you so much for bringing this um this res solution to the police department we were able to take a look at um a number of EV of events that are important to our city in terms of Public Safety throughout the year in which we think we could bolster our presence and um enhance our police visibility to ensure that our residents and those visiting our city are absolutely safe uh we were able to work with the commissioner on a number of different events that we outlined that we think are super important ones that take place this year and others that take place in the following years and make this a template for our city um the idea would be to have um not just on special event uh weekends or things of that nature but throughout the year have a consistent level of enforcement that sort of surprises our our bad guys and our bad girls um we're going to increase our DUI saturations and that takes place throughout the city we have um upcoming schedule for April May and June with those events uh to include DUI checkpoints um high visibility enforcement in terms of pedestrian and B and bicycle enforcement to increase safety of um around our city um occupant protection details which is also seat belt enforcement um increase LPR details um throughout the city um and throughout the year um we feel as though we're able to uh maintain this level of consistent enforcement and it's also going to make our city a lot safer and chief uh I just want to follow up on that because you've enumerated uh about 14 different occasions for example in the current fiscal year sir when uh when when this would be implemented but in addition to those 14 uh special events there'll be other random events nonsp special events correct during which you would be doing uh this this level of press presence or or enforcement to make sure that had you know this is random this isn't this isn't targeting a weekend and this isn't targeting a special men this is just random throughout the year so that those who are seeking to come to our city to commit a crime or who are simply just criminals they think twice before coming here on a random weekend you're absolutely correct commissioner the whole idea is to increase our visible presence throughout the city not just in the areas that are typically known to see police and keep our bad guys and bad girls guessing throughout the year never know when we're coming thank you and I want to thank uh the police department for their collaboration and putting this plan together and with that I move my item okay anybody have anything else I'm a co-sponsor and I'll second the item okay let's call the vote so all in favor please say I I I and commissioner swarez is a yes on this item thank you commissioner Fernandez good item and thank you for working on that with our Police Department Let's uh let's break for lunch and I will come back at 1:00 for the afternoon sutnik portion thank you [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] for [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] oh [Music] [Music] r [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] hey hey hey hey heyyy hey he [Music] he [Music] he [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] e oh [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] first [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] hey hey hey [Music] he he hey heyy heyy he [Music] he hey hey [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] e [Music] [Music] [Music] [Music] [Music] n [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] 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 [Music] 1 okay welcome back from the lunch break and we'll continue with sutnik Forum does anybody want to speak so anyone who wishes to speak please come up to the podium you have two minutes please state your name and address go ahead please okay so good afternoon honorable mayor Commissioners and city manager so my name is vanina tagon as I say this morning and I'm the president of Ocean Drive community prite community I make a mistake myself a nonprofit Association representing a group of residents and Property Owners at 1500 Ocean Drive and other res residential buildings so I'm originally from the city of n France I want to clarify the term prominade that is a French word so in France in French it it refers to a place where pedestrian can enjoy a walk but it doesn't exclude cars the promad Des Ang in n France is a perfect example where they implemented security measures with bards along the sidewalk to ensure pedestrian safety while allowing cars to circulate preserving accessibility this show how Harmony between pedestrian and vehicles can be achieved benefit benefiting benefiting businesses as well it's very important that we we should all agree and the more balanced system so lastly I'd like to emphasize that my petition on change.org is a serious and verifi uh petition representing the voices of many residents in residents in Miami Beach including at 1500 Ocean Drive it is a credible and recognized worldwide platform for our community to express our view views petition are even automatically sent to local authorities to influence decisions thank you that I just want to have those things thank you so much our next virtual speaker is Zoran Zoran state your name address and you have two minutes yes thank you for allowing me to make some comments uh I live at 1605 Pennsylvania some of you uh know me as a pickable Advocate but I'm more of an advocate for active and healthy lifestyle uh and I would like to make some comments on the padel RFB I don't know enough to comment on the parking impact and impact on the businesses but uh as a proponent of healthy and active lifestyle I'm excited about this project the comment I have is that pel clubs recognizing the pickle ball as a homegrown hugely popular sport in USA often includes pickleball courts in their facilities and that's well illustrated by Reserve over at solia just south of Costco that has 10 pel and two pickable courts so I think it would be practical that if the RFP could not be limited or restricting the the proposers vendors to just padel but allow them if they decide to include uh a few four maybe pickle courts thank you thank much next please hi good afternoon I'm Julie basner and I'm here on behalf of the Miami Beach Senior High PTSA um I came to speak about item C4 AP but I believe that it already has passed and um is going on to the budget and finance committee um and for discussion and so I just wanted to say thank you um and that it I will be um attending the qecc meeting at the end of this month um as I imagine that this will be a topic of conversation and if and I wanted to also thank um commissioner Fernandez commissioner magazine and I believe commissioner um Dominguez for co-sponsoring it thank you next please thank you go ahead hello resident and investor 1881 Washington Avenue and 6484 Indian Creek uh commissioner bat thank you so much for coming and taking a look at the problem we have with the public works people they are in contact with us and hopefully it will be solved soon and I again want to thank Blake that keeps tenaciously on top of fpn I heard this morning the lady talking about the problem with the scooters I'm somebody that walks a lot in Miami Beach and this is really terrible not only in the streets they do not uh respect the signals but unfortunately they use the sidewalks and they don't not only do that they ring their bells and they want to pass in front of you my nephew had already an accident in his scooter another SC scooter uh cross in front of him and he could not even see who it was so I don't know if you have thought about having little taxs for the scooters so the people has to register with a quote like we do for parking permits or as we register our cars in the DMB so at least we know who's causing these problems because otherwise you know they just they just take advantage of it so I I want to be back on that and I by the way one of the challenges we have I think on that one I don't want to put you on the spot Rick I believe might be preempted by the state we're not no okay excellent do you want to explain yeah so I'm putting on my lawyer hat um uh this is something we've been working on like I said for over a year and our laws um prohibit electric motors from being on um sidewalks unless your wheelchair user and that obviously is permitted the problem is there is a huge amount of confusion about what is and isn't understood and then there is a lot of just blatant disregard for the law so no my my point specifically was she's saying that they all scooters need to be registered and that we I thought you about no no no no I know that's ilal the registration aspect for the electrical yeah I don't believe that's something that the city could do yeah that that's the issue on the on the on registering them what happen on on having them registered so they have a tag so like you're saying like the police would be able to identify it by a vehicle tag um we can follow but I know we looked into this issue and we we're preempted by the state meaning the state doesn't allow us to do certain things but in K they totally forbid the scooters but that's that's a different issue yeah we which we do which we do and we have items actually we talked about a little early we have there's several items on this commission agenda where we're trying to increase enforcement of that and actually our police has already uh starting to increase enforcement I was just addressing the specific issue on the tag which is more problem well hopefully all together can find a solution because it's really dangerous especially at night to walk on with these people going like crazy thank thank you thank you yes it's definitely uh it's definitely an issue thank you so our next virtual speaker is Marina braan ran please unmute yourself you have two minutes state your name and address please hello um good afternoon okay uh my name is Marina brinan and um I uh I used to be a resident of Miami Beach um but now I live in bar County um I am here to speak um in support and of course thank the commission um I'm the agac Outreach manager at sa LGBT South Florida's longest serving LGBT advocacy organization in South Florida and we'd like to thank commissioner Fernandez for introducing rf1 and on behalf of all of save we'd like to thank the entire Commission and the City of Miami Beach for passing that ordinance um as restrictive uh bathroom laws continue to marginalize the transgender Community Miami Beach is taking action at the local level to counter discrimination this ordinance provides a clear path for businesses and developers to create more welcoming environments regardless of state level attacks on LGBT rights access to restrooms should never be a source of anxiety or discrimination this ordinance takes a practical step towards ensuring transgender and non-binary individuals as well as parents and caregivers have access to facilities that accommodate their needs without fear or exclusion by offering a floor area ratio exception Miami Beach is encouraging developers to incorporate gender neutral restrooms into their designs removing barriers to inclusivity and making it easier for businesses and public spaces to prioritize accessibility as a longstanding leader in LG b2q plus rights the city of Miami Beach is reinforcing its commitment to equality by demonstrating that inclusivity and smart policy can go hand inand setting a model for other cities seeking to advance Equity through urban planning and development incentives so thank you again commissioner Fernandez for introducing and passing R51 thank you next please hi good afternoon everyone Irene bigger uh president of the art deco neighborhood association and Resident at 1500 Ocean Drive may I take a second to um hand over some information to you mayor while I speak thank you sorry I didn't get a chance to do that I'll try to pass okay as you're speaking thank you my apologize um my purpose the purpose right now for me is to just um correct certain um uh statements that were made regarding safety concerns present actual um visuals of the prominade and south of the prominade and remind everybody about the will of the people this prominade idea just not come out of thin air um so as uh safety is a feature that we all agree on and we want a safe prominant area I just want to emphasize that we agree what we'd like for is to see any statistics or data on the contrary first and foremost with respect to the emergency vehicle access as we all know our Miami Beach fire chief said that the emergency vehicle access was and is not a problem there's also no difficulty or limitations as accessing uh properties of owners with respect to the man and that's the first um uh set of information I gave you with respect to the man who suffered injuries in 2023 from what I've gathered from a witness account including the police report submitted this unfortunate there's a picture there this unfortunate incident involved a homeless man that was injured by a large truck seeming to make a turnaround and did not see the man sleeping amongst the garbage beds in the alley accident could have happened everywhere anywhere but to blame the prominade is incorrect because one of the reasons is this large vehicle could it have been on the Ocean Drive on Ocean Drive anyway we do not believe it should have or would have been allowed on Ocean Drive third taking away the prominade and opening it to a 2way traffic means taking away the bike lane this will surely increase bike traffic on the beachwalk which already has significant safety issues with speeding bikes with pedestrians and bike accidents let me further emphasize we would absolutely support improvements and better alternatives to the prominade if you can bear with me I'd like to also just highlight or address um the businesses struggling we all want a thriving local economy I'd like to understand if there's data out there that says otherwise that it is due to the prominade it is not for us residents to determine why businesses continue to either do well or not do well there are many factors there are competing factors across the causeway and other economic uh issues that have been happening um Nationwide and the second set is the pictures the first set of pictures shows if I can just have 30 more seconds I'd appreciate it go ahead okay second uh set of pictures shows a pronut full of people leisurely walking with restaurants full of diners and patrons also in the pictures you see Cruisers still cruising down the majority of Ocean Drive and while the congestion backs up cars and they can look at the beautiful buildings it has not stopped many businesses and the one in particular in the pictures from enjoying success there should be something on an ocean drive for everyone the last submissions are just a reminder of the support from both resident stakeholders and businesses in and around the prominade that have supported this prominade for months even years regardless of where anyone stands on The Pedestrian prominade we can also all agree that democracy transparency and due process is important the resident stakeholders were promised a process to be followed through on but it was stopped short by a judge who did not get full accurate information we ask that this process be completed thank you very much thank you thank you our next virtual speaker is David wallik Mr wallik state your name address and you have two minutes yes hello can you hear me yes thank you uh I wasn't going to speak but after listening to the last speaker I had to speak up any person can go to Starbucks up at bagio or hogendas and buy a coffee or an ice cream and sit and look at car after car after car getting caught up into that Quagmire at 14th court and having to stop take a look and then make a u-turn to get out three at a time four at a time a total mess and if any emergency vehicle pulls in and by the way that happens all day and all night multiple Vehicles even single vehicles coming in uturn uturn uturn and that's a three-point turn slowly made for each car that is day and night every hour every 15 minutes you'll see 10 cars turning around and if any emergency vehicle pulls in during any one of those times where those cars are making u-turns they have to be delayed that means the service to those two blocks plus everything south of those the barriers all the way to Fifth Street would get delayed emergency service that is a gross liability on the part of the city of Miami Beach and of d County and that is the main problem here the businesses are a secondary issue that they're choking to death on the Noose of the Northend and South End main entrances being closed the main consideration should certainly be life safety and for anyone to go and take a look they will absolutely see those cars backing up u-turning and becoming an obstruction for any any emergency vehicle including multiple police cars coming around that turn to answer any emergency thank you sir thank you next please go ahead good afternoon everyone I hope you all had a good lunch um what I wanted to talk about it today is about what we have right now on Ocean Drive so right now on Ocean Drive from Zero Street okay to Fifth Street it's a two-way street and you have business driving in these five blocks then from Fifth Street to 13th Street you have one way in the wrong direction intentionally probably to discourage anyone from just cruising up and down Ocean Drive and then from 13 to 14 two blocks that have been closed permanently so a two block Clos is not a prominant already I said but already on the ocean which you know is only a few feet away we do enjoy it and and and a beach promite exists from the tip of Miami Beach all the way to Bal Harbor and then in addition you have lumus Park from 5th to 14 that already has two prominent on both sides east side and west side so you have a West Side PR lumus and East Side you have Ocean Walk and two closing two blocks doesn't create a prominade it only creates an obstruction on the on the survey that the city conducted on this area on this subject okay the the results were intentionally skewed but if you look at the actual votes of only the properties affected on the two block prominant closure the result is 53 of those votes voted in favor of keeping it closed and 47 voted against keeping it closed or opening uh and but then I also noticed that of these uh property owners in these two blocks that um that the Penguin Hotel which you know as Mo all of the other hotels only had one vote I counted the votes you know the pinguin hotel casted 45 votes so uh so if only one vote is counted on behalf of the Penguin Hotel then the percentage just flip dramatically okay the percentage go to 31 in favor to 68 against and these are the people that are on those two blocks that are closed and these are the people that I think count and the narrative that you have a 730 uh you know uh favorite favorite in in this area it just uh is not very uh transparent thank you can you state your name I didn't catch your name in FLA 1500 drive so our next virtual speaker is Andre Andre go ahead sir say your name address and you have two minutes Andre 1000 I had uh given a suggestion to the director of of transportation and and some of the commissioners of while back regarding a meeting of the minds which in my opinion is to take Ocean Drive and have the traffic flow Northbound which will give the nice flow of traffic from either zero to 15 to Fifth Street or the cars that are coming east on Fifth Street to be able to make leftand turn onto Ocean Drive and they can still Park towards the left hand side just like oneway streets and down Miami uh and have that flow all the way through uh and for the emergency vehicles emergency vehicles if that occurs still go on onto the shoulder onto the side of the bike lane and and that path there to get through in the in the event of an emergency the other thing is that the main concern is how do you drive more traffic onto Ocean Drive and so one of my other ideas was that if you create a museum style um Sculpture Garden at the park where you have three or for beautiful Volo like structure uh uh sculptures you're going to create an environment and a reason for more people to come into Ocean Drive to go and visit that free Sculpture museum in the park which will give a lot of tourists and other people reason to go onto Ocean Drive so you attract more people onto Ocean Drive the flow of traffic will be better naturally on Ocean Drive if the traffic goes Northbound versus going Southbound and you're going to be able to have somewhat of meeting of the Mind between the people who want more traffic on Ocean Drive and the people who want it to stay as a one lane Street that's just my idea I'm reating it because I think it could be a way of uh of meeting in the middle between both thoughts thank you thank you go ahead please good afternoon Sarah de los Rees 1800 s Harbor um I urge you to continue to keep the promad to keep Ocean Drive close I think it's great on Sunday everybody was enjoying walking around on that street biking it's it's so great to have and number two the Baywalk is not a proma it's a bay walk the promad are Espanola Way is a promad Lincoln Lincoln Road is a promad and this will be another one because you have all the restaurants and hotels and and and commercial that people can walk into and actually enjoy without having to worry about the cars with music screaming and that's all they do and they keep going around and around and all we have is like pollution and they don't really do anything they drink they scream and that's not such a good use of that so I think you should continue to fight so this will be win and keep Ocean Drive closed thank you thank you our next virtual speaker is Larry schaer go ahead sir Hello Larry schaer 23381 Street in North Beach regarding the Bell aisle and the private negotiation of public benefits for developer entitlements and the standard Redevelopment um from Barry Stern lick of Starwood commissioner sparez did a good thing by shining a light on what is going on and by spending time to hold a town hall meeting regarding the situation public benefits for development entitlements should be negotiated in public if we don't negotiate these benefits in public the people involved May negotiate private benefits for individuals or politician benefits in the form of campaign contributions that are direct or via pack contributions or we may even end up with donations to private nonprofits owned by private individuals right now David Martin and the MOs have a proposal to develop the doville replacement with two towers that cannot be built without AIS additional developer entitlements these entitlements are very valuable and so it begs the question what are we the public getting in exchange for these developer entitlements and given the concern about the B Isle deal expressed by Mr Suarez and others how does a North Beach resident and the public in general get involved with the negotiations for that site what public benefits are we getting from these guys the last time David Martin built in North Beach at 87 Park 100 people died next door the marielos have displayed troubling Behavior and their handling of the doel site there was a suspicious fire there was a demolition that I think involved Asbestos and after all that they team up and ask for Big Time entitlements please so what do we get as public benefits from them are these public benefits commensurate with the value of the requested entitlements thank you thank you so much anyone else in in the audience wish to speak if not Mr Caldo go ahead please you have two minutes uh yes hi Daniel oops with Miami Design preservation Le actually I just wanted to mention based on the prior speakers uh uh mentioning about the doville is that we are mdpl is planning a neighborhood meeting on February 20th at 5:30 pm. up in North Beach so we are going to send out the invite and we hope everyone can attend we're still finalizing the location because we do think the more public input the better and uh see you guys later thank you thank you anyone else if not Mr novic Mitch go ahead you have two minutes good afternoon thank you Ralph I just would like to remind everybody of the young father who was shot dead back in 2021 in front of the now shut uh Mexican restaurant on 14th in Ocean Drive unfortunately First Responders had to carry the victim to 15th Street on an ATV where an ambulance was waiting uh again I would urge you to reopen up uh this closed section of Ocean Drive which has cost us millions of dollars in private parking management uh we shouldn't be paying for this uh and again I have I'm indifferent if it's oneway traffic or or two way I will say we are uh we're certainly not earning any parking Revenue thank you again seeing no one else mayor we can conclude our subject okay thank you for all the uh comments and calls just uh procedurally on this what's happening is there was a a Judicial decision the city is actually appealing that decision mostly on jurisdictional grounds that we don't believe that the um judge had jurisdiction to make the decision um I think we have good standing legally also common sense but it's not just us there's a county involved as well and then we can work out these issues so it's helpful to heal everyone's opinion but ultimately the we are in the process of appealing that and then we'll um we'll go from there let's call it R9 ad we have a presentation by CIT that's traffic Representatives on Transportation initiatives I know you probably could go on for hours about this but uh I but I I I appreciate it we can do the high level because obviously we have a lot lot to cover today so and obviously we're all accessible as well but I think if you give a flavor to us as well as the public it would be great well we can see from listening to your pres uh from your meeting earlier today a lot of it is about transportation and so I know you're probably very interested in how the count is moving forward so well please introduce yourselves yeah so let I'll introduce him and then uh we'll kick it back to me so first of all thank you for your time Javier beton Court executive director of the Citizens Independent Transportation trust or CIT for short um I do want to introduce uh very quickly our chairman someone who you know very well Beach resident uh and certainly active here in the city Robert wiart Robert okay thank you Mr executive director and good afternoon mayor and uh Commissioners and uh um city manager uh City attorney and city clerk uh thank you for having us here today uh we really appreciate you putting us on the agenda so as we move our way through all the municipalities in Miami day County as well as other organizations such as uh Chambers of Commerce and as our executive director said I'm Robert wolar currently serving as chair of the Citizens Independent Transportation trust I represent District 4 appointed by uh Mickey Steinberg our trust is made up 15 members 13 of which are the um County Commission districts appointed by those County Commissioners one appointment by the ma uh by the county mayor and one appointment by the league of cities um if I had to sum our word up in and sum some our job in one word it would be the Watchdog so we are the fiduciary of the half penny ctax which was passed approximately 22 years ago along with the uh PTP which is the people's Transportation plan uh which is a half penny in order to get Transportation moving in Miami dayve County uh with mass transportation and so mostly what we focus on is the smart plan so the smart plan is six segments of the um Miami day Transportation corridors and uh uh of those I'm happy to announce that we have the opening of our South Corridor which is going to be happening late this summer which is going to go from Dand South all the way to homestead it's going to be preemptive brt bus Rapid Transit right and so that's going to shorten up the time considerably uh another project that we're diligently working on is the Northeast Corridor the Northeast Corridor goes from Miami Central all the way up to the bright line Aventura station there's going to be five stations in between those and uh one of our jobs as the CIT is to leverage the funds that we get in which is about $400 million a year so like the South Corridor it was onethird local funds onethird federal funds oneir um uh State funds uh on the Northeast Corridor we're we are working diligently to get Congress to pass the nearly $400 million that's been allocated by the prior Administration um and through the infrastructure act and uh we're trying to get that moved through Congress so that we can equally match those funds and we have some great PTP projects with a lot of those stations that are going to be coming in we're also working on the North Corridor which is a corridor from MLK station all the way up to Hard Rock and there will be some stations in there the LPA the local preferred alternative is elevated hard Rail and um right now there are pd&e uh design and engineering studies that are happening with that as well um closer to home we have the um what was called uh what is now called the beach Corridor what was called Bay link before and so the county has heard this Commission loud and clear nearly a year ago this body passed a resolution uh looking for an alternative and I know that the county is working on that the state is working on traffic studies right now in order to move forward with the direction that uh we will be moving in with that but also keep in mind that part of the beach Corridor is also uh the segment that's in the Design District as well and so the county is moving a little further ahead with that from what we understand from dtpw um also what we do very important is we work with our municipalities um part of the $400 million per code is 20 the 20 to 23% go to the municipalities for their Transit and transportation projects right so about 80% goes to their transportation projects about 20% for Transit so here like you know in the city of Miami Beach we have an extensive Trolley system I also often call out Miami Beach for the successful Trolley system that that that we have um um and um the you know calling that out as as well as other micromobility projects so City of Miami Beach is very Progressive in that and finally before I turn it back over to Javier our executive director Mr Benton Court I'd just like to say part of our Direction has also been to work with neighboring municipalities so right now we're working with the city of South Miami uh vice mayor Anderson from the city of Carl Gable has reached out so that we can have better interconnectivity between a j municipality so we're working on getting their Trolley system and transit system to work together and recently we met with the mayor of North Bay Village mayor Stratfield and she I know has been talking to several of you about trying to get some kind of connection between North Bay Village and the north part of Miami Beach uh so that we can get some kind of connection between the fountain and also the Band Shell there where I think that that could be very successful so thank you all very much I'm going to turn it back over to our executive director to go through the presentation right now thank you thank you if we could have that uh put up on the screen perfect the good news is he pretty much gave my presentation so I'll be able to fly through it and skip a number of slides so here's a referend joke that he left you 90 seconds great I could do it in 80 uh so here's a referendum language uh that approved the half penny what I want to point out is the voters um also approved the Citizens Independent Transportation trust at that time to oversee the funds as the chairman said we are charged with monitoring auditing reviewing and overseeing the use of cerx funds by both the county and the municipalities and the implementation of the people's Transportation plan here are those 15 members um that uh the chairman spoke about all citizen volunteers uh you have two great Representatives uh representing the city both the chairman and the first vice chair who represents District 5 that's Mary Street so you're in very good and capable hands um we do have three vacancies but they're all out west and down south so I won't bother to uh to talk about that but if anyone wants to become a member of the CIT you can apply it's easy the information is on our website okay the CIT is supported by what is probably the smallest office in miid County the office of the CIT I had that up we have several a couple members of our team here today Mariana price who's the municipal program manager and works with your staff on a regular basis and by the way you have an amazing staff working on transportation and the Half Penny uh led by Jose Gonzalez who I've known for many years and we also have Carla Daman who is a Miami Beach resident and is our Community engagement officer so you are well represented at the staff level too one of our primary functions is to audit all the cities and the county on the regular basis I'm happy to say that the city of Mii beach has always performed well in these audits you do good things with your money you spend it wisely ethically and uh on eligible projects so a half penny may not sound like a lot but it actually adds up to quite a bit since its Inception we've collected nearly five billion dollar in that half penny we're collecting about 400 million a little over 400 million now annually 2third of that is spent or has been spent on Transit uh about 20 to 22% goes to the cities uh for all of your both Transit and transportation projects less than 10% has gone to public works for roadway project so people think that the half penny was misspent that it was all spent on roadways instead of Transit simply not true uh and I'm proud to say less than 1% goes to our office for oversight we're allowed to spend up to five we keep it under one because we want the money on the street providing services to the people here's the same information basically over the 20 years here's the actual budget for this year even a larger percentage of the budget is going towards Transit less and less to public works for roadways if you're really interested in this stuff we have a 40-year performa every penny in every penny out it's on our website geek out uh I won't go through it here in the interest of time all right so enough about us and enough about the money let's talk about what people really care about where's it gone what is it uh doing to help uh move people so there were many promises that were made 20 years ago it wasn't just Metro Rail it was improved bus service it was fair free for seniors it was fair free Metro mover it was uh a long list of major highway roadway improvements and of course the rapid transit corridors which at the time we assumed would be Metro Rail um but one of the most important features of the program is the municipal program 20% of the funds go there uh all of the Cities at this point are operating either a fixed route uh trolley type of service or an OnDemand service largely through a a company called freebie or some combination thereof and this city is no exception you use 100% plus of your cerx funds for Transit uh which is great and um our Municipal program manager is just going to speak briefly about what you get and what you spend good afternoon happy Monday thank you for having me here um so the city of Mii Beach uh last year received about $5.2 million in sh tax fund the minimum requirement is to spend 20% but City of Miami Beach actually spent uh 95% uh quite the inverse so great job on that and they graciously provide me the freebie because there's not enough funds to cover the expense of your freebie but they still provide me the the ridership uh thank you to Jose anel who recently presented at our Municipal program committee Gala Brenda and Misha you have a great staff super Reliable Reports are earlier on time and they are one of our most reliable cities you are one of our most reliable City so thank you so much thank you Mariana um as I said there were a number of roadway projects those are almost all complete or in the process of being completed as those roadway get projects get completed we're not allowing the county to add more in because we want to focus exclusively on Transit and first lot small connectivity to it because that's where we're the furthest behind as a county um one project however under roadways uh that we do support is the advanced traffic management system this is a fancy term for smart signals right to the extent that we can squeeze squeze out more capacity uh from our existing roadways and make those intersections more uh efficient uh and get people through them faster you know we're all about that and that is a project that is being implemented as we speak we did uh invest in a number of Transit uh projects um from new fleets to parking rides to tr rail uh and of course the Metro Rail expansion to the airport um we have not invested as much frankly on expanding the bus system however the County did recently undergo what I'm sure everyone here knows is the better bus Network to make that system um more uh more efficient uh and provide greater frequency in shorter headways um as I said the one expansion of Rapid Transit that we did achieve under the 20 years was the expansion of Metro Rail to the airport it's in service today and I'm sure many of the uh visitors you get here are taking that as well but we failed on achieving the other five to six quarters that were promised uh the good news is they are all under some kind of uh Planning Development engineering or construction phase at this point the chairman did a good job of kind of giving you an overview of them so I won't necessarily need to do that here is just a picture of that South Dade Corridor bus Rapid Transit project which should open this year the beach Court of course we spoke about I won't go through that again but there you could see that Northern alignment that he spoke to to The Design District in addition to the line that's coming out to the beach the East West Corridor still trying to figure out whether that's going to happen on the dolphin Expressway or perhaps Flagler or perhaps the CSX line County's taken a step back and is re-evaluating those possibilities Kendall Corridor is on hold we won't talk about it Northeast cordor he already spoke to this is very promising we have all of the funds kind of aligned and this will run along the bright line tracks and serve the local communities along there at an affordable price point which is a key difference to what you would find on bright Line North Corridor is the one that is slated to be Metro Rail therefore it is the toughest to achieve but is slated to connect existing Metro Rail uh up 27th Avenue to the Broward line invested a number of parking facilities we need to find more funding uh here are some of the other things we're focused on first last small connectivity bicycle pedestrian connections to those stations that we're investing in uh improving the customer experience doesn't matter what you build if it isn't uh wellmaintained if it isn't clean if it isn't safe enhancing County Municipal connectivity we actually have 35 different transit systems in this County we have Transit TR Rail and 30 four 33 cities doing their own thing so we're working to bridge uh all of those together so that it is one seamless system from the perspective of the writer and finally Community engagement you know we feel it's important to tell the story of the PTP because the people who voted for that half penny deserve to know what's happening with it or what hasn't happened so that we can address those shortages uh we are recruiting CIT ambassadors these are people who ride the system on a regular basis to be our eyes and ears in exchange for providing feedback they get points which they can exchange for Rewards great program look it up on our website and finally we launched a podcast a couple years ago focused on transportation and Mobility have had dozens and dozens of officials on there I'd like to invite you all to be on my podcast sometime so if you're interested uh please reach out it's every other Thursday from 9: to 10: a.m. on Facebook live thank you very much and we are happy to answer any questions water taxes Water Taxis we the one thing I didn't cover you got you caught me so um that's new right and I I understand that the city of Miami Beach is EXP exploring that we believe although we'd have to run it through our county attorney's office that it could be an eligible expense of Sir tax funds um it's unclear to me whether that would require some kind of interlocal agreement with the county you do have one for your your trolleys and for any on demand service um but I think everyone is open to the discussion it makes a lot of sense if we can figure out how to you know not kill manatees on the way but I know there are new technologies at play that might make that possible what do you need for me or us to make that happen starting now it be great if obviously we we we got some grant funding from the state we're looking at Federal funding obviously we we want to be partners with the county so whatever we need to do uh it depends on how you're approaching if you're talking about using City Sur tax funds to launch that service then we can have that conversation with our attorneys to see if that's eligible and then it's really just the city taking the lead if you're looking for the county to provide CeX funds or other funds that's a conversation we can facilitate with the Department of Transportation and Public Works wouldn't necessarily be us um doing that but we we'd love to make that connection okay we'll follow up thank you thank you okay great I appreciate appreciate all the work that you do obviously as as you pointed out it was a big top of conversation this morning it's a big top of conversation in our meetings generally amongst our residents so thank you for trying to mitigate the traffic congestion as much as we can of course it's it's a big topic of conversation throughout the county as you might imagine yes absolutely all right thank you all very much commissioner Fernandez has a question there a question um you today we've we've voted on a number of items I think uh commissioner Suarez had an item having to do with interconnectivity with uh with North Bay Village I had an item having to do with um expanding the geofence of the freebie program in North Beach to service more of the areas in freebie uh and I'm going to be having a meeting with um with commissioner Damen parto in the city of Miami and seeing what we can do more between the end of the city of Miami and Miami Beach are these things that that would be eligible uh for for the CIT like like like for example like a direct concern I have is whether headways are going to increase expanding the geofence for the freeb program and let's say we needed to bring more more Vehicles more freebie vehicles on board to better serve North Beach is that the type of uh stuff that uh absolutely it's all eligible there are limitations in the ordinance I think the freebie could only go a maximum of 5 miles in any direction and then in terms of the Charley Service uh only 30% uh maximum of that service can be outside of your boundaries now if you're exploring something that kind of exceeds those thresholds we could always go back and amend the ordinance we've done it in the past um and and there are examples already of municipalities working together on on common systems so Miami Springs and Virginia Garden runs one uh connected system and then also H and halia Gardens and we encourage that we think it's great right because people just want to get from point A to point B they don't care about jurisdictional boundaries uh and so we need to you know do a better job of connecting all these systems so we'd love to be a part of those conversations if we can help we've also recently launched a study on transportation management associations or tmas these are popular throughout the county and it brings together the public nonprofit and private sector entities in a uh specific Community to kind of coordinate uh transportation and Mobility efforts and try to get people out of the cars kind of working across jurisdictions and sectors so uh we hope for that study to be completed in 6 months and then maybe you can take some of those lessons learn or best practices and apply them here thank you and and uh and I also just want to thank the CIT for acknowledging this City's commission's position on the technology selected for the ba link so thanks very much thank you Mr Mayor thank you commissioner Rosa Gonzalez thank you so much for your presentation can we actually take action on the water taxi right now and passing motion for our transportation committee to enter to begin to meet with the CIT to U I don't know get some sort of funding for this next year because we've already ordered this water taxi I'm pretty sure we're working on the procurement correct for pardon what well yeah but why don't we get funding from the CIT at the same time I just two different things yes by something we don't have additional funding to give you so there is a Formula by which we we provide funding to the cities it's based purely on population there may be other funding sources TPO grants fot grants that may be available but those aren't things that we're in charge of what we could do is facilitate conversations with those entities but I just want to set expectations I don't think there's anything wrong with uh directing our transportation um with directing Jose to begin conversations with the CITC so that in the future if you do have any available funding we begin to allocate portion of it to the water taxi and that would go in conjunction with your procurement on the Water Taxi and and we be we would be happy to join in and facilitate that particularly since we are a county entity even though we are independent you know we do have a good relationship with dtpw Department of Transportation and public works and right now we are facilitating conversations as I mentioned earlier with the city of South Miami and the City of Coral Gables to get some interconnectivity going there right now we're also working with Bay Harbor bal Harbor Surf Side to get interconnectivity there so there's a great opportunity for us as an independent County uh board trust to facilitate that and we would be happy to do that um like you just were mentioning uh you passed earlier on North Bay Village we'd be thrilled to do that on Water Taxis also because we're not just about doing the trolleys and freebies but also very much about micromobility and uh the Water Taxis also which I know our trust is very very interested in exploring further right are you guys supportive of starting a conversation Absolut yes have to all right so I think we should just direct the City attorney to prepare you know to we can take that action right now correct Rick enter into a preliminary my motion would be to enter into a preliminary conversation with the CIT so we can begin the conversation to find to justify some sort of funding moving forward in future years obviously I I I don't see a problem with that this is a pretty broad discussion item okay someone want to second that second okay here we go so all in favor I I thank you motion passes looking forward to it yeah we will and we'll be speaking with uh director Jose Gonzalez about this item also your director Transportation thank you commissioner thank you keep up the great work I appreciate it thank you engage in preliminary conversations with c it's called C1 and I believe the companion item r7a we are recessing as a city commission meeting and convening as the North Beach community redevelopment agency this is a joint item this is except accept NBC recommendation use C funds for signage enhancements at NSP I move the item I have a motion by commissioner Fernandez uh seconded by vice mayor bot all in favor I I item is approved commissioner Steinberg is absent the we are now concluding the North Beach c meeting and we are reconvening as a city commission meeting we're going to do r7a is that correct yes uh which is accept North Beach CRA AC uh request use CRA funds for signage uses companion item may I have a motion I move the item second Motion in a second uh all in favor of r7a please say I I I motion passes 70 r7a let's got to R5 R5 is ORD of the mayor City Commissioner of the city of Mi Beach Florida amending Chapter 58 of the Mii Beach city code entitle housing by amending article one entitle in general by creating section 8-2 thereof to be entitled Fair approval process requiring condominium associations to approve or disapprove an application from a potential resident within 15 business days and providing for repealers of ability qualification and effective date this is a first reading public hearing R5 commissioner Fernandez Mr Mayor um I've had intended for the assignment to be an open and continue because I'm still having meetings with stakeholders so I don't know uh Mr attorney what would be the proper way of opening and continuing this I think you just did it oh that was easy so by acclamation we can open and continue this item to February 26 thank you great let's keep doing this we get through this agenda r5s actually commissioner magazine is not here so let's go to our 5x yes sir R 5x is in ordinance of the mayor and City Commissioner of the city of Mii Beach Florida amending the code of the city of Mii Beach so Part B entitled Miami Beach resiliency codes chapter two entitle administration review procedures article two entitled General development application and hearing procedures section 2.2.4 entitled public hearing section 2.2.4 point1 entitled public notification by creating a courtesy notice requirement specific to residential tenants of properties that are subject to a city land use board application and providing for qualification repealer severability and an effective date this is a first reading public hearing the item requires five7 vote is item r5x commissioner Fernandez co-sponsored by vice mayor bot and magazine thank you Mr Mayor and earlier today we were talking about the importance of protecting people's homes about making sure that we would do whatever we we could to prevent the displacement of those individuals that have lived in our city for a long time this ordinance uh goes along with that to increase transparency and communication with tenants living in properties subject to development applications currently when a land use application is submitted notices are required to be mailed but they're mailed only to property owners and to those Property Owners within 375 ft of the property that is subject to the application while this process ensures and nearby property owners are informed we recognize that existing tenants in the buildings also have a vested interest in any changes that might impact their homes yet they're not being notified of the development applications the proposed amendment that we have before us would require an addition to notifying nearby Property Owners any additional courtesy an additional courtesy notice be sent to our current tendance of a property that is part of a development application this notice would include key details about the application such as the request being made the date and time and location of the meeting uh and a link to the housing impact statement re related to the proposed development this advanced notice will help ensure that tenants are fully informed about any potential changes that may affect their living situation um especially living in such a volatile uh housing uh Market it gives people just adequate time to be able to start making their decisions properly of where to live some people need stability and notice is one of the few things um that we can do it is a simple yet meaningful way to ensure tenants are kept informed and giving them an opportunity to participate in the process and understand how a potential development could impact their health ing situation we I'm going to turn it over to Tom uh to if there's something else to chime in about this uh uh no commissioner I think you covered everything so you madam Vice chair the right time I'll move my item um go ahead because I was going to Second it perfect thank you I think there's a third over there too um I think this is well well pass through the number of times that we found out from residents that they're board condo board or their building manager or whoever didn't forward the information and they were left out in the cold of any decision-making possibility so I commend you for bringing this and I think we should call the vote it is a public hearing it is a public hearing I have Mr Caldo on Zoom go ahead please yes hi Daniel Ser um this is really important for residents right to know and I wanted to thank the commissioners for bringing this forward it's so important that all neighbors have a seat at the table and are aware what's going on in their neighborh it's in line with Miami Beach's record of neighborhood participation and economic growth and thank you for the proposal thank you so much there's no one else in Zoom I see no one else in the audience so we may take a roll call if you wish let's call the vote commissioner Fernandez yes commissioner Rosen Gonzalez yes commissioner Suarez commissioner magazine yes vice mayor bot yes commissioner Dominguez yes mayor Miner yes motion carries item is approved second reading public hearing is scheduled for April 23rd r5s thank you Mr one second please I'm sorry r5s say an ordance of the mayor and City Commission of City May Beach Florida amending chapter two of the Mii Beach city code in title Administration by amending article 3 entitled agencies boards and committees by amending division 14 entitled Next Generation Council by amending section 2-1176 entitled established purpose section 2177 entitled powers and duties and section 2178 entitled composition to revise the requirements for service on the Next Generation Council and providing for repealers of ability qualification and effective date this is a first reading public hearing it is item r5s commissioner magazine thank you madam vice mayor uh maybe this is my own self-serving way to try and feel a little bit younger if I could uh you know be closer to the age range allowable for the Next Generation coun but I think this is an important uh committee that we have um we have uh a very wide and diverse array of interest in our city and a lot of these boards are advisory to the commission uh to be our eyes and ears on the ground one of them uh that I think is very important to get involved is our younger demographic uh as through the title that's going to be our next generation and this just uh essentially uppers the limit for the uh age that is considered to be involved in the Next Generation Council historically over the years we had had some uh difficulty filling these spots and I think that speaks the an even greater need that we reach out to uh the younger people in our community urge them to get involved it's a uh undertaking that I'm absolutely committed to uh for this specific Council my my staff and my team have been great as of City staff uh and this is just kind of uh expanding those boundaries for who's able to get involved in such a capacity first reading so I have a motion by commissioner magazine seconded by commissioner Fernandez it is a public hearing I see no one in Zoom I see no one in the audience if there's no further discussion may I call the RO anybody else have anything to say no it's great go commissioner Suarez commissioner magazine yes vice mayor bot yes commissioner Rosa Gonzalez yes commissioner Fernandez yes commissioner Dominguez yes mayor Miner yes motion carry second reading public hearing is scheduled for February 26 point of order Mr Mayor sure commissioner Fernandez Mr attorney for the second reading can we rename this the Forever Young ordinance no you can't change the title oh man it's a good song but Alex Alex you can sing it r five y 5 Y is aordance of the mayor and City Commissioner of the city of M Beach florid amending the code of the city of M Beach chapter 66 entitled Marine structures facilities and vessels article three entitled use of the Barry C boat ramp and Associated peers docks at Maurice Gib Park to allow Mii Beach residents to pick up and drop off passengers at the Barry Cen boat ramp at Maurice Gib Park providing for repealer severability qualification and an effective date this is a first reading public hearing it is item r5y commissioner Rosen Gonzalez um so this item is kind of a cleanup to the other item obviously you know um I understand what commissioner Suarez was doing but several um residents who've had boats here their entire life um every once in a while pick up friends or family members and so if you are a resident and not a commercial boat operator um and you show an ID saying you're M you should be able to pull up and pick people up now I've had two phone calls from um longtime Miami Beach residents I one was Roger Balman and I got another text the other day from someone who lives on North Bay Road who has a boat too so um I don't think that this is intended in any way to hinder any initiative I really do think there's a few residents who live on the beach who have boats that want to be able to pick up their neighbors and um or friends um and we should allow them to do so especially if they show residency in Miami Beach and they're obviously not commercial vessels now if we pass this and there's some sort of shenanigans or you see that something's happening that you know you would not want to happen I could see that but um sometimes there's unintended consequences and this is one of them so it's just a real it's just a small um cleanup item so that people with boats who live on Miami Beach can pick up people if they so choose at the dock so um vice mayor if I can call the companion item the companion item what is the companion item well it's not really a companion item it's it's my version of carefully uh allowing for residential pickup and drop off that was on consent oh it's already pass it's already okay so can we so that's been referred right it's pass want Anin resolution maybe Rob you can clean it up thanks uh you previously amended this ordinance to allow a dockage agreement to allow uh certain boats owned by residents of Miami Beach to dock for up to two hours at the boat Ram you authorize that by ordinance uh on second reading last meeting and at this meeting you passed the resolution that effectuated what was allowed by that ordinance this uh commissioner Rosen Gonzalez is proposing to further uh amend the ordinance that you amended last uh meeting to allow uh residents of Miami Beach to pick up and drop off uh uh passengers at the Barry ctin boat ramp I drafted it similarly to the way that we drafted who can get a dockage agreement so that uh it has to be a boat that is docked at a residence in Miami Beach or a boat that is docked at a marina in Miami Beach in order to be able to pick up and drop off passengers at the boat ramp so it's it's already passed not this one no no this this part is on first reading for today to the sponsor if I may help me understand if you already have a boat that is docked at your home in Miami Beach or at the marina in Miami Beach why do you need a third place to dock I mean we're trying very hard to be consistent as best as possible let me pull up the email thank you so that you can understand and um okay Kristen question for you now that this ordinance has been enacted this is from Roger Balman he's Leslie Bowman's Dr Bowman's husband okay I can no longer use the ramp to pick up friends this ordinance takes away a very old decades and valuable benefit from mayi Beach residents just because we don't want the dingies why not allow M Beach residents to continue to use the rent for pickup I spoke with the police officers there and they don't care I understand trying to control the sailboat with the dinghy crowd but now the ordinance punishes locals there must be some Middle Ground what say you and then um a second homeowner from mid Beach who has a boat also reached out to me very upset about this so there's some unintended consequences here we can just say no pickups ever but I think that if you live here um obviously he has a reason why he did not exactly specify it but he's been able to do this his entire life so all of a sudden we've taken away this right I don't think why don't you just put it that they can drop off or pick up for 15 minutes I mean I you know I don't think that this is intended to be abused in any way um I think that this is literally for residents who've always had who've always been able to pick people up so well what we just passed on consent is going to allow them to do that yeah uh well the what you passed on consent allows them to dock for up to two hours if you got a I suppose yes if you got a dockage agreement uh you could uh pick up and drop off also uh however there would need to be a rewrite because I believe that we said that you couldn't use the uh the dockage space to pick up and drop off so it there would be some tweaking but yes if you if you got a dockage agreement and paid $200 a year for it you could pick up and drop off uh at the dog which was already passed a second tax that's already passed yes hi commissioner I live on Sunset Island I just arrived at the marina and I found out we can't even pick up we can't even pick up our friends on our boat sorry it's unbelievable when a city doesn't work for residents again sorry to bother you this is from curado piz so we have a lot of it's it's it's been covered now now they well they're going to have to obviously apply they're going to have to show Insurance okay um they're not going to have to pay right they're just going to it's it's it's a $200 a year uh fee and that's just for administrative but again you know we want to make sure most importantly that these boats that are tying up are insured because if there's an accident on us or them or people we want to make sure that we're covered and I think I mean that's that's that's good that's good governance so why should I think that um this fee should be waved if you have your boat docked on Miami Beach and you just want to pull up and pick someone up I don't understand why all of a sudden they have to fill out a contract and um and pay that fee I think that if you can show that you live on Miami Beach that you have your boat docked on Miami Beach that you should not have to pay $200 to pick somebody up um when you've had that your entire life I mean well you we passed it on consent you you didn't pull it right so I mean if you I'm changing this language if you want just if you're if you're looking for just making it free I guess I don't I don't know I mean let me think about it but you know we're we're covering 99% of the concerns where people who are residents of my beach that have a boat that's either docked in a marina or their house to be able to either do pick up and drop off or leave their boat for two hours to go to the to go shopping in Sunset Harbor so since we're hearing them right now will you make it free and then I'll contact both of these people and say that they're not get finan to come here and and determine like you know what that what that I don't want us to be um I don't want the city to lose money but I mean I'm I'm okay I don't care it's just 200 bucks for for the year um but I don't want to make a decision on the Fly well I can say to someone I mean it's very simple I can say to someone you have to go fill out some paperwork it's some simple paperwork but now that I tell people okay you're just pulling up to a marina you have to fill up paperwork and pay a $200 fee it's kind of obnoxious so I mean I understand why you're creating the $200 fee but I mean um Rob why did we draft them differently can since we're hearing them both why don't we just wave the fee if you have the proof and then I'll I don't need to change mine and then I'll contact people who are complaining and tell them that they need to fill out the document may you suggest respectfully that we open and continue this and fine-tune it so that it's either one that covers both eventualities or it gets Nuance but I really hate this horse trading on the days like can we can we continue this next month so you have time to figure out how to make this do what you want it to do in the best possible way instead of trying to catch all the Venture all these here I don't think it's that complicated I mean I said everything I need to say what more would I need to say say I would like to wave the $200 fee that is what I'm asking I don't think it's horse trading and if it's no then I guess it's no and I will go back and explain to them that they can no longer have this rate that's fine can we get is there Finance up here is what what is the minimum where we not losing any money on this uh just to make sure because at the end of day if we're losing money taxpayers are losing money thank you commissioner Jason Green CFO I don't think I have enough information to really present a good answer on that my understanding is this it would be a new program with a new license agreement so we don't really have any historical data to say the amount of Revenue that the city would lose out but you are correct if any kind of documentation or paperwork does generate a cost to the city okay so how about we just make it free for the first year and then we'll we'll we'll reconsider it after a year exactly what are you making free for the first year picking up we passed on consent let's let's make it free for the first year whole dockage agreement free for the first year huh they have to F the form you guys are very confusing I guess you would be asking for a motion for reconsideration of the uh the item was and since you all voted for it any of you can make that motion and then there's a second you can reform the contract can I ask one question sorry um okay so is there some sort of boat registration like if I have a boat on Mii Beach do I have to register with the city or does the city not have any voting registration because how do we allow everybody who has a boat in the city of Miami Beach so that they know that they have to fill out this form in order to pick somebody up at Sunset Harbor uh my understanding is there's State registration for votes uh unless you engage in our dockage agreement we don't have an independent uh uh registration system okay so then if my only my request would be that it's free which you agree to motion to make it free for the first year and the second my second motion would be uh to do some Outreach to every um voter registration in Miami Beach send them an email if possible and let them with the forms so that they can fill out the forms and they won't get upset when they pull up to ad do someplace to pick someone up and we just say this is just a formality fill out the form and um you can continue to pick people up if you so choose sure we we are doing on-site education there through the park rangers police and code so you know as they come up and we're we're staff there you know we educate people on what the ordinances are and we plan on educating them about the stoppage permit so that's one thing we're doing as they come up that that's great so thank you thank you John so then was that a second when you said okay um so we'd have to reconsider the consent agenda yeah we need somebody to make a motion to reconsider C7 AF which is the dockage agreement and then amend it so that the first year is graus and I don't think you need to amend anything further okay except for that included in that we would like to just do some boater Outreach so that our residents know about our new roles especially our residents who have currently own boats on Lamy Beach and have them registered here which I think is the spirit of your item is to regulate those boers who do not have boats docked on Miami Beach legally is this is this a public hearing it is not a public hearing oh then fine want my input I this is very confusing as Tanya said it should be one thing you're going to need an app to actually know that the person is coming there who's going to look at does he have all that that did he pay he fill the form or or you do it with the county and then they do something in their registration that when they show it it shows that it is so you have to think about that I mean either than app because there's a lot of people that come up there that are going to say oh I have it and they drop people off and pick it up Park Rangers will know who has engaged the dockage agreement people really I wouldn't be surprised if it's no more than a dozen people that really want to take advantage of it small group of people but we just want them to know okay to make sure okay okay so have the the motion to reconsider has been done by acclamation and now need a motion to amend C7 AF with the free for one year and to do Outreach right the Outreach doesn't doesn't have to happen before the program gets implemented right the program gets implemented and then Outreach is happens in tandem well can I also get clarity on is the Outreach what director rebart described at the dock or you mean some other kind of Outreach because I'm not sure that the administration would know how to do that I would like um the administration to look at which boats are registered with the state who are currently docked in Mii Beach and those people to either receive a letter or an email informing them that they now have to fill out a form in order to pick up people um at the Barry katun okay Mr manager is that something that is doable I've never used the state boat registration database I'm assuming that we have access to it as long as we have access to it then yes great okay want a second I'll second it I heard commissioner Suarez has a second but I failed to hear who made the motion commissioner okay so all in favor of amending C7 AF please say I I I C7 AF is amended 70 call R9 Ai and just for the record r5y is being withdrawn correct yes I'm sorry mayor what was it R9 AI R9 AI is a scuss take action update on utilization of drones for police enforcement welcome thank you Mr M good afternoon good afternoon uh commission great so um I have a couple questions we'll start off I I had brought an item a couple of years ago before I was mayor before you were Chief and I think we have a good progress update um I had brought an item about I guess the way drones used to operate in the city is um they would be in the police car and then when the police vehicle arrived at the scene the Drone the Drone would be deployed uh what I had proposed at the time was putting it on buildings and have someone who can navigate it so therefore you can get well probably way faster than a police car even our response time is outstanding get there even before the vehicles arrived tell us where we're at and and how we're proceeding sure happy too I'll teat up and then I'll probably have um assistant chief D mcal and specific questions for you for direct record Wayne Jones police chief uh Mr M I can tell you two years ago I think you were ahead of your time to be quite honest with you um the technology hadn't quite caught up then now it has I'm happy to report uh the police department you're in Miami Beach Police Department uh just a few weeks ago was named one of five agencies nationally to participate in a pilot program called drun as a first responder program and what they really means in simple terms is we'll have pods placed on rooftops throughout the city the first of those pods have been um already place on the police department and as we speak we're actually doing testing where if a call for service go out we call it Priority calls for service that drone is deployed it is piloted from our Arctic real time information center and whole ideas that drone in many cases will get get to the to the scene of where the call is prior to the first law enforcement officer ever arriving video sound is piped directly into the Artic giving um better enhanced situation awareness to police officers responding to that scene something I'm super super excited about and and I appreciate all the support you've given to this and I I appreciate your your vision because you had it even before we did I appreciate that how many how many sites will there be a drone on drone on a on a building off the top of my head so I think it's seven sites throughout the city uh the first of which again is the police department uh and that site is going to cover the entire uh South Beach if you will area one um just in the police department okay and how um how long's the pilot uh for you said a pilot program yes we're doing with in conjunction with skyio um they're a drone manufacturing that's a year pilot program and is that priority calls you use the word priority calls yeah yeah I mean um you know at this point because you know we've got one right now that's been uh deployed it will be deployed um we won't use it for every call for service but typically starting with a priority calls for service with the idea over time expanding it to all calls who service cor separately and you and I had discussed this uh offline the there are municipalities outside of Florida admittedly that utilize drones um in the public space but to um basically see if there's any suspicious activity I'm also picturing potentially using it as traffic management because again oftentimes we have traffic issues and although we have the real-time traffic Intelligence Center embedded within fot uh still that's the sort of A A A View From the street as opposed to an are view which can cover a lot of ground and potentially see bottlenecks and and and issues so for example if a if a truck is blocking the uh it's traffic lane tell tell me about the potential usage of drones uh not to respond to a call but to do surveillance and and potentially traffic management so traffic management mitigation we have been using drones in recent past particularly during the high impact periods we used it during our bazo um for for example example um we used it recently just a few weeks ago and whole idea is to give again better situational awareness for those folks assigned to those traffic post to deal with traffic mitigation and specifically I know again I've actually seen it firsthand where drones are used to um look out for suspicious activity is that potentially feasible in the State of Florida yeah you know I I I think right now and maybe Danny can Chim on this I think right now we're sort of preempted by the state to just do it for just basic civilian per se we have to assign it to a calla for service or a mission if you will um when we do deplo runes is there anything you need from us uh just to continue support U very excited the direction the police department is heading in I really think this is really what policing will look like in the near near future in terms of using drones you have my full support uh commissioner Rosen Gonzalez hi Chief Hi man I have no problem with this for 911 emergency calls or traffic incidences or some suspicious activity but how do we protect our privacy like how what does somebody call us and says I suspect you know suspicious activity at I don't know mayor Miner's house right and then the Drone goes like I how do we protect against that yeah that's that's a fantastic question and that's precisely why it's limited right now restricted to these party calls service or in some cases as we've done in the past uh traffic congestion along the major corridors okay so it's going to be traffic congestion and emergency situations only y okay fine anything to add okay thank you Chief actually I was going to call this item a little later but since you're here I'll I'll if you don't mind I'll call it now um R9 ah H I'm not sure which one that is r98 is austic action acquisition of Axon fosis public safety program okay um so miss Mr Mayor thank you again for quing this item you know we are quite frankly and I'm very very proud of this we're leading way in many instances when it comes to technology in the South FL region the Drone program just mentioned you we are the absolutely first in the county to um use drones a first program uh fuses as you know is a software we like to use in our um Arctic real time Intelligence Center again and whole idea is to use it this this process to be able to ingest video U not only from the many cameras we have throughout the city but also from private entities as well and I have Captain delin Brown from from our tech support unit to answer any specific questions you may have about it okay great thank you well I guess my my specific question is um and for example if if someone wanted I'm not just talking about me if the chief actually wanted a view at any given moment where every VI vehicle is located my understanding is that is unless there's something uh that is not as simple as you might think but you using the um fusus program and I've actually again I've seen this firsthand in another municipality you could literally see where every police car is in the entire city at literally looking at a TV screen yeah so good afternoon uh Mr Mayor uh city manager and the rest of the commission um so yeah the fusus platform um we're aware of it but what you're describing is another feature um but now that it's under the axon umbrella we think that you know we'll be able to incorporate that platform to uh you know highlight some of the things you just mentioned currently right now we're in the process of you know we have to get a quote to see what it look like because previously um it was just premature to us having the Arctic so now that we have the Arctic and we're able to uh utilize our CCTV and other you know possible private entities to to place cameras will be able to you know get the program and then utilize some of those other features as far as seeing where cars are uh proximity dispatching and things like that but that's still under um under review right now because we don't have we don't have fuses so it's it's a feature but do do we have a an estimate on expense long time is do we have an estimate on expense no so we have to reach out to them and get a direct quote um like I said before it was a discussion but it's my understanding that now that we have the Arctic that we would you know discuss that with them but can you explain so just uh make sure it's clear the the distinction when you're saying Arctic what are you referring to I'm sorry the realtime information crime Center so now that we have that entity within the police department we're able to utilize fuses uh under the axon umbrella to it's it's a it's software right to give us the ability to utilize different functionalities of that software yes and I know you're looking to incorporate Chief you want to say something yeah um Mr may I just wanted to to sort of point out that what we use now as track star AVL to tell us where our cars are at any given time as you know we've spoken about this is is an imperfect it is an imperfect system the whole idea is to once we do um secure or procure feces to use that um software to sort of ingest uh more accurate information and then give that real time um information you're looking for where our cars are yeah I mean what I'd like to do from this the body on I think you're it sounds like you're heading in that direction anyway but if we could give some guidance and uh just on a resolution that we want you to proceed with that and if you need to come back to us with any with any quotes for uh for budgeting you'll let us know yes sir happy too sir Rick I can't move it correct I'll move it oh thank you forgot you're seconding mayor yeah okay so this is to give direction and resolution correct after the fact reso is that what you're looking for yes to proceed specifically with fusus for the uh basically incorporating the AVL data for so we can be basically viewed in real time sure all in favor please say I I I thank you appreciate it let's call r2m r2a correct r2a is m m as in Michael there's no r2m so you're looking sorry sorry c2m c2m is issue RFP 2025 2018 ND construction of Pell facility unsurfaced parking lot it was separated by commissioner Rosen Gonzalez and commissioner uh magazine yes can K it off yeah thank you all um something we talked about last meeting I'm incredibly excited about and let me take a step back for why I have this proposed it is to foster a sense of community back to Lincoln Road to create a sense of vibrancy and energy back to Lincoln Road I think all of us lament uh viewing the conditions of Lincoln Road which is certainly improving uh but certainly not up to what it was in its Heyday and we when we look at the other areas that seemingly have surpassed us uh in neighboring areas they have that cool Factor they have that Community feel they have that vibrancy they have Activation so this is what that's about is providing an activation on Lincoln Road that is going to be publicly open and accessible and welcoming to all walks of our community from senior citizens to Children's camps to women's clinics andies I am fully confident that this will bring back every single segment of our community to Lincoln Road e-commerce has really changed retail right so no longer do our residents have a need to come to Lincoln Road to go to H&M or the Cheesecake Factory it's something an issue that malls commercial corridors across the country are grappling with and one of the primary ways that they are changing that is bring experience-based types of activation to their commercial corridors you see it with malls whether they have indoor skiing rock climbing over in the Design District they just had paddle San Francisco has done a similar RFP on one of their Lots uh that was surface parking to convert that into a paddle facility uh the city of Miami gave premium Waterfront space to uh a paddle operator and the type of community and activation and cool factor that that is brought is what caught my eye and really really had me excited about what we could provide on Lincoln Road now I have heard the feedback from my colleagues and from our community the people that um have reached out with uh points of opposition loud and clear loud and clear and this is a very different proposal than it originated uh just month ago so a month ago when we pushed this um to this stage in the process it was contemplated using lot p27 and for those that uh don't have the surface parking lot map uh on the back of their hand um that is the large lot across from Macy's with 151 parking spaces while I think we have adequate parking I'll go through that I heard loud and clear that maybe that would have been too big of a reach too much that we're giving up okay so so I have amended this uh commissioner uh Fernandez would had enough uh foresight to sit there and say perhaps we include lot p26 in this proposal at first I thought that would have been too small um but looking at the different operations in neighboring cities not only do I think that's a more suitable lot but we could do that while still maintaining a large amount of parking that actually fronts the retail businesses on that lot so on this lot and PJ if you could pull up my slides I have this depicted Let's uh let's go to slide three if we can on the right side is all of the surface par city-owned surface parking lots that we have just within quite literally half a block of The Proposal on the left side is lot p26 this is the one behind the Nike store the Apple Store and capital 1 Cafe uh correct me if I'm wrong but I believe it has about1 spots and if we took the spot that is just circled in red we would be able to provide uh circular access Ingress and egress remains and the view corridors that remain for the alleyway fronting the retail cafes you would have two rows of parking equating to about 45 spaces that remain in front of that retail Center and the only thing that we would be giving up is about 50 parking spots where the paddle facility would go uh that is the part circled in Red so versus where we were at the beginning of this process giving up 151 spaces of the entire lot all the way to the right this is just a fraction of that and I'm going to go through the next slide because I have a comprehensive parking solution for this entire area at the end of this that immediate vicinity will actually gain back surface parking lots versus where we are right now how are we going to do that on p27 at any given time there's between 15 and 30 Code Compliance vehicles on p27 these are the surface parking lots that we talk are just the lifeblood of our city that are needed for uh the retail vibrancy and and uh uh easy access well that's taken up by about 15 to 30 Code Compliance officers I've spoken to hernon the head of our Code Compliance Department and he'd be happy to uh ensure that those vehicles are now parked just a half block away in our Municipal Garage on 17th Street that has over 1,400 spaces and incredible amounts of occupancy and utilization additionally in that s very same garage over 50 sanitation vehicles are parked on our first floor right at the entry and exit point that is closest to Lincoln Road right the entire Southern port portion of the first uh the 17th Street Parking Garage on the first ground floor where you have easy in Easy out right Ingress egress right at that point you don't have to go up any type of elevation right now it's taken over by the sanitation department spoken with our Public Works director who would be happy to ensure that when we're looking for a longer term solution that those sanitation Vehicles could be moved to a spot on an upwards floor around the third floor so residents and visitors the L Lincoln Road would have that Prime parking on the first floor in terms of the total parking in that area about the 55 to 60 spots that would essentially be replaced by the paddle facility represents just 1% 1% of total Municipal parking not in our city but just in the immediate Lincoln Road vicinity right we have I believe 12 to 13 surface parking lots fronting or adjacent to Lincoln Road and we have two municipal garages one the 17th Street Garage with 1,400 spaces which is about 50% utilized and then the New World Symphony garage just half a block away with 500 spaces with under 25% utilization right so we have such an abundance of parking in this area yes pulling up to that lot is convenient but um I'm confident that with the spaces that we save by freeing up the Code Compliance spot on p27 and freeing up that ground floor parking on the 17th Street Garage we will have a negligible if any loss of surface parking additionally as part of a comprehensive solution I think at the end of the day our parking will get much easier on Lincoln Road it does not make any sense and this is in line with uh some of the vision that my colleague commissioner Rosen Gonzalez had for other areas of the city where we could actually have a comprehensive valet parking service for all of Lincoln Road similar to the things that she suggested that the Design District has for instance an example of how we could do this but certainly not tied to it the owner of 1691 Michigan Avenue has 700 parking spots it's 50 feet away from this lot and he has about a 20% utilization we would be able to set up a valet stand and strike a deal with him where you would be able to come in to any Street in Lincoln Road any of the main corridors to a valley table you wouldn't have to be going to a specific restaurant and valet for somewhere in the range of5 to $10 right that's just two hours of parking if we weren't able to strike an adequate deal there then we could pass a resolution that we could provide that parking in the New World Symphony or 17th Street Garage so for our residents that are worried that losing 50 parking spaces are somehow going to impact their life for the retail we have alternative solutions that will actually facilitate better access and accessibility for Lincoln Road PJ if we could just go uh back to slide one and two just to run through a few things as part of the RFP yes a private operator will operate this very similar to any other facility uh I believe we even may have a similar arrangement with the uh Tennis Academy although don't quote me on that but this will be a public asset that is accessible to every single person in our community and it will be amenity for residents maybe it was a Miss of me to not realize everybody had seen these same kind of communities that were being uh fostered through the use of paddle in other areas but that's the vision the Community Vision that I want to bring a lifeblood and energy to Lincoln Road okay so while a private operator will operate the facility a membership absolutely will not be required and it's my suggestion in the RFP that is part of a community benefit that providing times for affordable rates for Miami Beach residents are going to be a critical portion of how they respond with the RFP process this is looking to democratize the use of paddle right this isn't for rich people rich people already have a place to play there's a facility that already operates in Miami Beach okay it costs upwards of 400 it starts at $400 a month in $50 court fees to get my daughter a clinic there is 50 per hour okay for a seven-year-old to learn this will broaden the access to the world's fastest growing sport one that we have is one of our Flagship events at our Convention Center coming in March also the facility will provide accessibility to the public it'll have activations whether they be children in summer camps whether they be events for seniors women who are six 0% of pedel players will be able to have tournaments there I see that these activations are what um really activates areas in the Design District Windwood uh it really creates a Vibe and energy and PJ just one more slide if we could go this shows all of the surface parking that we have if you look to the left every blue moniker right there are surface parking lots just adjacent to the Lincoln Road remember this is not City wide and this is just what the city owns just what the city owns there's at least half a dozen other privately owned surface parking lots and also privately owned uh uh parking garages um I don't know if we could uh go through two minutes more Mr Mayor Madam vice mayor I have some videos when we talk about how uh the lack of parking TJ uh PJ if you could just tee up the the two videos um I promise they would have been much more uh entertaining and fun uh with the music that uh that I had kind of teed up but TJ uh PJ had some copyright concerns I took this yesterday yesterday these are the garages on Alton Road and Lincoln Road they are empty these are thousands of parking spots thousands okay we had a discussion earlier to discuss buying another parking garage this is what we have adjacent to Lincoln Road right so this is an option and we're not taking away surface parking as an option like I said we're talking about 50 spaces there are over 600 surface parking spaces adjacent to the Lincoln Road so this represents less than 10% of that which will actually be added back when we move the Code Compliance vehicles and the sanitation vehicles and when we talk about total City parking adjacent to Lincoln Road it is 1% 1% this is the 11-11 garage there might have been 30 cars that were parked in there this is the garage that is adjacent to the parking lots in question look at this okay I think point is is it so commissioner domiguez thank you and thank you commissioner magazine for coming up with such creative ideas um uh to try to activate the area um I have a few comments and also some questions so Lincoln Road has really been hit hard but it's been hit hard I believe because of a variety of properties on the ocean front are closed for renovations and have been for several years so the Delano the Raleigh the saai the shelborn all at once there's no traffic coming from any of the visitors staying in any of those properties there um I have a question if the garages are empty are they viable locations to use for padel can the rooftop be used can um some of the floors of the 17th Street Garage what I worry about in taking uh part of p26 is that all of the parking that will then be there will be for the padel people so it's still like losing the entire lot uh for the padel court and I'm glad that you said that it's not going to be a membership and that there will be affordable rates um for residents because I did also look into the pel on at Sunset Harbor and uh the prices are very high so that is something just for rich people and so I appreciate that this would be for everyone but my question to the city Administration is rather than taking a surface lot that's always full for people that are getting their hair done going to the dentist the doctor whatever the case may be why can't we use the garage for padel can I respond can we yeah thank you Domingas for uh the one I'm glad you brought that up I had it on my radar uh to ensure that the parking is not taken by the uh visitors the padel as part of the RFP um we could require that essentially that the operator that's chosen would have to CC a deal with either one of our Municipal garages or with the garage right there that's on um the vi the last part of the video that essentially sits totally empty that any visitor would have to do a $5 V La surface right so they pull right up there they wouldn't be able to park on the surface parking lot so we're not essentially creating activation that's going to draw more people and then take up the parking there uh they would be required if they're visiting the facility to essentially Valley Park either our M Municipal garage or the garage at 1691 Michigan but thank you for that comment it's something I had on my radar as well commissioner Rosen Gonzalez thank you commissioner oh Street all right so I'll attempt to answer I think that we have looked at the 17th Street Garage for other activations in the past um and the roof was available I'd like to have our parking Department come forward and talk about what the utilization is of the 17th Street Garage and and what uh drawbacks there might be to um putting something on the roof good afternoon Mr Mayor Commissioners Jose Gonzalez transportation and Mobility director and interim parking director um we we took a look at at some of the data both for Lots as well as for garages first in terms of utilization um we see higher utilization in the parking lots around the Lincoln Road area than we do see in the garages in this area um we we we discussed that in terms of value per space our our our lot spaces bring in more Revenue they're more valuable to us if you will when we break it down into a uh Revenue per space let me clarify my question can the 17th Street Garage be used for padel so on the on the roof of we currently have on the roof of the city hall garage we have um not padel the the other sport so we we've explored that and it's it I think it's worked well on the city hall garage the 17th Street Garage is more utilized than the than the U City Hall garage the padel quarts I think are also structurally heavier so we would need to look at um from a structural perspective it's additional weight on on those um you know on the beams and on the columns um but I don't know that we have utilization by floor so and I think question the roof of the 17th Street Garage as we know and it was mentioned that there are private Lots why can't these um uh businesses that are interested in doing pedel on public land why can't they strike a deal with one of the private lots and do it there I'm I'm not sure commissioner I guess that that is an option and in that case the city would not be involved in that uh transaction it would be more private with private but the the direction as part of this item is to explore uh parking lots just bringing up that idea commission Rosen Gonzalez okay um thank you commissioner dingz for bringing up some good options I also agree with the rooftop of 17 Street Garage let me talk a little bit about plot 26 um plot 26 is where we have really thriving business is like Shake Shack and what is that bakery called with the one Rosetta Bakery um the Apple Store where people just like drive in and out uh the Apple Store is one of our main anchors okay people want to get out of their car get their iPhone service and get back in their car and part of the problem with putting that pedel facility on that lot would be you would have this large fencing with plastic and you wouldn't be able to see the Apple Store you know so we'd be kind of you know like I don't know hurting one of our anchors another reason is we've invest so much money in the colony theater and nights when I get invited to the theater especially when it's an opening night or you know I can't find parking anywhere there's never any parking on that lot so can you imagine after investing all of this money to make one of our local theater programs work we are now going to take away their parking and people aren't going to be able to get to the theater um Juvia which is closed is there's a restaurant there that's going to be reopening that restaurant will no longer have parking now you pointed out that those other Lots nearby okay are empty and they're empty because they're not City lots and because they're expensive which is why this morning we probably should have purchased the Pelican garage but that's beside the point um we you know in order for us okay we don't you the valet program only works if you have those spots I would like a list of all the businesses surrounding plot 26 I would like to know all of the doctors the dentists every single business owner don't you think that they have a right to know what we're going to do before we even issue this RFP don't you think those business owners have a right to understand that their parking is going to get taken away I guarantee you that the owners of Shake Shack are going to be very upset Apple Store is going to be upset why would we this is putting a nail in the coffin for a thriving block on Lincoln Road when plot 27 the women at Sean Donaldson were they don't want to go into um parking garages because right now they can pull up and they can go inside people like to pull up and just get a coffee at Cito they want to go you need something quick at Marshalls you pull right up and you go to Marshalls that is the beauty of a surface line I know I myself I will Circle and circle to find a surface space before I go into to a lot I used to love to be able to go to Trader Joe's pull up right outside and run in I can no longer do that now I have to go into the lot okay uh because we're building a pump station there hopefully there will be some public parking left over when that pump station is finished but these are amenities that our residents want furthermore in 2022 via referendum vote people of Miami Beach voted in favor of preserving their surface lot because it is an amenity okay it is an amenity to live on an island and just pull up and not have to go into a parking garage now I am all for helping you find a spot commissioner magazine because I know how important this padel is for you and I would consider the 17th Street rooftop if if you think that that will be an economic driver to bring people here why can't they go into the garage you know you don't want them to have to go into want the pedel players to drive into a garage but it's okay for all of our residents to go into a garage and I'm not saying that that's what you're saying but it is kind of what you're proposing so I see this as hundreds of thousands of people versus a few hundred now I know that you want to democratize padel and that's wonderful but if we are really going to democratize padel the way to do that is to run it through our Parks and Recreation program that's how we democratize pel now as an economic in incentive and to bring people people to Lincoln Road could we strike some sort of a business agreement with a private company absolutely but not at the expense of parking lots that everybody in Miami Beach uses I would ask you please take plot 26 and 27 off the table consider 17th Street and speak to the owners and ask them if they could activate it at 11-11 or maybe the other garage adjacent to the AMC theater I'd also like to point out to all of you that we're losing a tremendous amount of parking on West Avenue and we've been trying to strike some sort of a deal um so that we could actually lease out parking for our residents so I don't want to hurt the colony theater I don't want to hurt the Apple store or the furniture store that's there or Shake Shack or any of the many offices that operate there and um for those reasons um I I I'm I'm a no on this today and I do know and I I know because we want a referendum on this I know that our the res would not will not like this and I I would like to be accommodating commissioner magazine so I ask you please consider um the garage Rooftop at 17th Street that commissioner Dominguez proposed because I think that would be great if it's only p17 um I will support this if it's for the rooftop of of the pl lot on 17th Street if it's for that I will um I I will support it but if it if it if p26 and 27 are on there I can't support it anybody else Suarez thank you Mr Mayor um you know I was walking Lincoln Road yesterday with my family and it was it was depressing um it certainly seemed like almost half the storefronts are are shuttered um and I remember coming to Lincoln Road as a kid and that would have never been the case um I understand that we have some of our hotels that are are closed but we have thousands and thousands of other hotels that are operating no problem um but look uh in my opinion you know there's three of us that got elected here recently and we got elected to not really have the status quo okay um our businesses are struggling Lincoln Road is a homeless hangout okay um we have parking lots and garages that are pretty much 80% under underutilized you know we're we're we're certainly not not giving it away forever I I believe the rfps for like 10 years five five five years you know look I I I think we need we need to test something different it there's there's um but we're we're not losing anything I think if we really want to take a bold and Leadership step into really re-energizing Lincoln Road as a destination not just for shopping but also for Fitness I I think we should take that opportunity I mean you know we're slowly becoming the fitness capital of the world you know we just had water paloa we're going to be a Blue Zone City you know I can understand putting it on the top of a parking garage but that doesn't have the same effect on on injecting New Life on Lincoln Road when you're done with your game hey I want to go to the Apple Store I want to go to Shake Shack um I want to go to all to the other businesses when I'm done there's there's the the legendary milkshake bar that would be right there they're struggling with business and you know it's a shame and and I'm I'm really I I want to really commend my colleague commissioner magazine for for threading a fine needle here because originally it started Parking Lot 27 there was a huge outcry on it I certainly heard it and now it's been narrowed down to p26 where by the way we always have those like pickle ball tournaments there on the weekend and and and it's a success everyone loves going there um and and there's been there was no complaints about the parking loss during that time um and again this is just 50 parking space for 5 years if if if at the end of 5 years we don't like it okay you know we tried at least we're trying something to reinvigorate our our the backbone of Miami Beach instead of just always saying no I mean it's always easier to say no um and it takes real courage to say yes so uh I'm going to be supportive um I'm hoping that there's going to be uh a consensus here to move forward because you know I I think at least three of us on Year have a vision of fori beach where we're we're going to be Fitness destination thank you so I'll speak I commend you uh commissioner magazine for bringing this item I share the concerns of of I think that you're recognizing as well I think you share the same concerns and obviously some of our colleagues are mentioning about the parking but I guess big picture of the way I look at this is this this item would take anywhere between three and five votes to get to a final product am I correct I mean we're just we're literally just deciding now the first step was we're going to approve you the city Administration drafting an RFP the second step is now today whether we're going to actually issue the RFP then there's going to be multiple votes after that which I like I like that process because we're incorporating and inviting the private sector to give us their ideas that they obviously have experience and expertise and ultimately it's up to us to and and I think this is part of the process I love I actually I really like this healthy discussion today that we're we're and I commend you for amending your item and my guess is is going to be amended even more my my suggestion and hope that it's ultimately your item is to incorporate all of this let the private sector come back and see what works best and ultimately it'll be up to us to decide whether this Mak sense for and our and our residents will tell us we kind of knew it I think we all knew it after the vote the last time um get it out there and and our residents did speak pretty loud and clear many did like it but there were certainly a lot of concerns were raised about the parking which you are recognizing and addressing so I'm supportive um to to to move forward but also cognizant that parking is an issue in our city and we need to to limit it as much as possible and you clearly but by those videos and the statistics that you've used negotiating negotiating may not be the right word it's it's with staff but basically negotiating with staff to move to move Vehicles so you're you're you're moving in the right direction thank you and before I lose commissioner Rosen Gonzalez but I I would accept her uh idea and incorporation to see if the parking rooftop on the municipal garage is a viable option so if we can include that in the RFP process I would be amendable to that if it comes back I'm not so dogmatic as you as I should right I'm not hey it has to be my way or the highway I started out with one thing I heard feed back from not a vocal people but accommodating you know just the small fraction of people that I heard back from and Incorporated this into a different lot and only using a portion of that and just for some of the public Outreach that I did these are all emails that we all received up here these are hundreds right over a hundred emails that we've received in support of this uh and I'll continue that Outreach so um if I could have the trust of my colleagues I'll continue working this this is essentially just issuing uh the invitation for RFP proposals I accept your uh idea commissioner Rosen Gonzalez did we include as part of the RFP process the rooftop of uh the municipal Garage on uh the 17th Street and if that comes back as the best option I'll be supportive of that right I'm not so dogmatic that it needs to be my way or the highway I'm looking at this as something I want to achieve consensus right I don't want this to be 43 I want us all to say say you know what we are so proud of the community that we are now facilitating on Lincoln Road that we're all in unison and proud of this I don't want people to support this because it's it's mine you want to be supportive of me I want you to be Champions and excited about the breath of fresh air that this could breathe into the vibrancy of Lincoln Road and however we're able to achieve that I want to achieve consensus in doing so M work thank you uh commissioner Dominguez and commissioner Fernandez thank you um so in addition to the rooftop that I had mentioned uh you said that um you'll check and see if the structure can handle it on the rooftop because pel has weights can we also include um other floors of the 17th Street Garage if they are viable options I could probably say that they're not just because of the height that's needed okay and and if if if I may through the chair um if you have no objections I'd also like to include the Pennsylvania Avenue garage commissioner as part of the RFP just to broaden you know it could be that the 17th Street Garage works better but it could be that the pen garage works better I would I would yes yes for enre Community commissioner Fernandez thank you Madame vice mayor that has a good rink to it um especially when you had bot to it um so I want to thank my colleague for uh taking the feedback uh seriously uh we when we met uh last time to discuss this you you heard my uh concerns and you were open to including p26 um and I think that that is a very logical location I think that the location at p27 you know we're here first to to um to to serve our residents I've heard so many residents say that this parking lot is important to them and has been a historic concern but I also do know that there's another group of residents who we also represent as well they want health and wellness activities in our city who also want to see Lincoln Road succeed and so and so I'm going to support you I would I think we would be doing a disservice to this process and to the ultimate goals here if we keep p27 on the table I think it's better if we are adding other locations the rooftop of the 17th Street Garage the rooftop of the Pennsylvania avue garage and in this case uh I I think it's what is it 40% of p26 50% or 50% I think it's under 50% of of p26 I think it's better to take out p27 because from what I read I don't think p27 is going to have the support well let's say someone bids on that and then they spend all this time and all this effort responding to a city solicitation for Lincoln Road and Meridian parking lot I don't want to give them mixed signals and out of respect to you I don't want you to spend your wheels on an effort on a project that you're trying to do to lift our city and improve the uh the the economy of Lincoln Road and have more positive activity in our city and go through all that effort so that what then what you end up with it's something I can't support I I'm I'm happy for that so thank you that I I took your feedback including p26 I went out there up to 700 p.m. last night and walked it myself with the tape you know iPhone measure and see what would work um so I'm happy to take p27 off the table well I have a fundamentally different view of you know surface parking the importance I respect that that's my view and it's not reflective of everybody's view so uh given that p27 is the main artery right there for that entire Community What attracted me to kind of create that VI iy but I understand your feedback I'd be happy to take that off and limited to p26 half of the p26 that I outlined and then the suggestions of my colleagues uh uh commissioner Rosen Gonzalez see if it's viable on the 17th Street rooftop and on the New World Symphony uh rooftop as well and and and and if I may I just want to say you know I think taking off p27 off the table that is so significant I think I think that should provide a relief to a lot of people in our community community that have reached out with concerns about that because that's the parking lot that they park at um you know and now that we have other options and the majority of the options are rooftop garages and it would be great if we could speak in unisense in this because I think that there is an effort here to lift up Lincoln Road I think voting against this is voting against health and wellness voting against this is against the economy of Lincoln Road voting against this is against is is going against the efforts that we're all taking day in and day out and this is not the final vote and I think the fact that we've amended this now to put the majority of the space of the options to be in garages I think it sends a bigger message to the market when we speak in unisense and I'd encourage uh my colleagues respectfully that we're going to do this given the Amendments that our colleague has been so um so kind to accept that we uh do this in unisense thank you Mr Mayor thank you commission Rosa Gonzalez since you're willing to take p27 off the table will you also take p26 off the table and then we can add in rooftops across the city and then the financials will absolutely change in this RFP they're going to have to go back and figure out different financials the rooftop parking uh does not generate a lot of Revenue um you know people would rather not park on the rooftop um but you know look the Sun is going to hit people on a pedel court or it's going to hit them on the the you know on the rooftop if you would remove p26 because like commissioner Fernandez said um people who um park at 27 also park at 26 and remember that that is one of the most thriving corridors right there Joe Malone is doing well Shake Shack is always full Rosetta is always full The Colony theater is there oh that's where people go to what's the cafe right next to the Colony I can't believe I can't remember that's the parking for sea Fredo it's one of like the only you know affordable happy hour Hangouts so people aren't going to be able to drive up and go to segafredo if you maybe if you chose a parking lot on the South Side um maybe on the on one of the smaller ones but that will upset those the the people who live on that side because that's where their guests and other people Park I would say if you if you would please take p26 off the table um then I would vote for you know why don't you do City wide rooftop figure out all the rooftops you can and put all the padels on every rooftop we can I I would be totally supportive of that you could do pickle balls padal anything so I appreciate that and I don't dismiss that uh lightly part of this I could have chosen any place in fact uh when I was originally coming up with the idea I just spoke about the viability with an operator and he goes well parking lots are on the table and he suggested an ocean front one uh down on Collins Avenue I said this is n about optimizing what is best for you this is about bringing that energy and vibrancy to Lincoln Road right so it's not just about democratizing paddle me myself I can play anywhere right I I can go over to reserve at the C plane I can play at Sunset so this isn't about me or like my need to play paddle this is about bringing activation to Lincoln Road and that's why uh paddle is actually a secondary benefit of this right that's that's the secondary benefit the first is that activation and the energy that it brings to Lincoln Road um so that's why I want to you know kind of stick to I'm pushing you know my comfort zone with uh the two rooftops and I'm happy to take that that main artery of p27 off the table and even with p26 we're leaving a significant amount of parking there right we're leaving the first two rows of parking which you'll easily be able to Circle and those are the ones that really serve the businesses where you're able to run in and run out and with the parking that we're freeing up by moving the Cod compliance Vehicles out of p27 you're going to have basically the same amount of spots in that immediate area and then what's nice about this is every single surface parking lot remains a parking lot right it's not as if we're taking over an entire lot the first item was taking off p27 that that was just too much I heard that feedback and now even though though p26 is smaller it's not let's take all of that it's let's just take the bare minimum that can make this operation work and maximize parking and that could even be part of the RFP term is on this p26 lot one of the benefici you know one of the um main selling points in winning the RFP is how much parking that you're able to essentially preserve and we have p25 that is a Stones throw away that has 100 spots as well vice mayor well if p26 is on the table then um I'm not supportive of this because I'm not going to take the problem with the padel facilities cuz I drove around and I looked at some of them you have kind of like a a chain link style fence right and then surrounding it is like this plastic right so it's not the prettiest thing even if it was like super high-end let's say you made it high-end fence with plastic around it the the and and the lights the problem is that right now when you drive up you can see the Apple store has a big logo there you can see Capital One Bank you can see the businesses from the back end that is going to block those businesses and put them into like this sweaty any kind of like open air environment that they had if you put it right there um is just going to put them into like a sweat box right there so and and and and I would say that that is one of the most thriving blocks it's one of the only side streets go to Shake Shack any night and you will see that it is full go to Rosetta Bakery there is constantly a crowd Outside The Colony theater is chugging along and doing tremendous um a tremendous business and so many of our residents go to Sea Fredo they go for the happy hour they spend a lot of time there and I guarantee you they appreciate being able to pull up get out of their car and walk over there I not saying that if you find a lot in a different spot uh if you really want surface maybe one of the Lots on on the south side but not those lots on the North side I mean listen I I have a feeling that you have the support for this to move forward but I'm going to um I not only am I going to vote no but I'm going to be a vocal um vocal very vocal no on this and that does not mean that I am voting against the economy commissioner Fernandez it does not mean that I am voting against health and wellness I am all for health and wellness and the reason I'm voting no is to protect that little economic um section of of Lincoln Road that's being threatened with this okay commissioner sarez on thank you vice mayor um so you know we mentioned some of the business there like Shake Shack SE Fredo um Rosetta I mean you know after a game or while you're waiting for your game it's the perfect spot to to visit those businesses because like literally right now things are declining and nothing has changed we haven't really the commission hasn't changed anything in the last 10 years for for for an injection of life into Lincoln Road it's just been declining it's a it's like a managed Decline and here's an opportunity to really test out to see in the next five years if this is this is a great way to reinvigorate Lincoln Road I mean it's just I feel like I'm in a Black Mirror epod we have businesses that are struggling and we want to bring new people to these businesses but we we want to somehow say parking where people aren't even coming in the first place so or or not enough like we we have to test something I mean let's let's let's give it a shot Commissioner Gonzalez I mean I I think it's a it's a worthy attempt I mean if it was for anything else I'd probably know but again this is a this is an initiative that the three of us up here are are are very focused on uh for for Miami Beach and which is really Health wellness and fitness and you know how cool would it be if we if we set the stage for the world on on what a community that can Champion Fitness is in in some of our most pivotal areas than can I commissioner Rosa Gonzalez and let's try to bring it in is it a lot to ask for you to hold a public meeting for all of the offices in 1680 Meridian all of the doctor's offices I know there's dermatologists there there's dentists there I really truly believe that you need to do some Outreach and let the businesses know um I think incredibly important um I did not interrupt you commissioner Suarez and I commend your interventions and innovation and it's wonderful okay I love the energy of having a millennial on the day two Millennials okay no I do three Millennials three Millennials and I love this and if you said to me gosh we're such a great we have you know you live on on on West Avenue commissioner magazine so you can kind of walk over there and um commissioner SS you walk everywhere or You Wiz IT on whatever it is that you're whizzing on but a lot of our people that are going to these offices drive and they drive because um they don't take mass transit at this moment um I just got to compl while our Trolley system is great A lot of people who live in homes across Miami Beach this is where their offices are this is where they this is how this is their quality of life and I mean I don't think that those I think those 50 spaces are are worth fighting for what why that spot I mean you there's so many others up and down Lincoln Road why are you choosing that one next like adjacent to where the colony is well I actually chose a different one I chose a different one and after hearing your feedback and some of my colleagues I found a less impactful one and then I put forward an entire comprehensive parking analysis and parking plan right something that could have been done for 10 years anybody could have went to our surface parking lot that is so important to the lifeblood of those retailers and saw 30 Code Compliance Vehicles parked at any time and said what are they doing there or they could have walked to the first floor of the 17th Street Parking Garage for the past 10 years and said if ground floor parking is so important why is it taken up by our sanitation right so we're actually not going to lose any spots in that area we're not going to lose any spots what's the harm of what's the harm of doing some public Outreach between now and next month before the issue of this RFP we notify uh all the businesses in the surrounding area and you come together and you hear what they have to say before you move forward and build a pedel court and nobody's patients can park like could we just at least find out I don't think it's so hard that way we say you know what we included the public in this we understand that you want it's so hard to open and have a business in Miami Beach it is expensive to pay for a rent here but people love it because a lot of them live here um and then they you know and they and they love the idea of having a business here too what is the harm of doing some public Outreach let's not issue this today between now and the next meeting hold a public meeting let the businesses know and guess what if that meeting goes well I will be on board with you but I want everybody to know about it and I want everybody to be able to weigh in for example we have people who want to comment today there's no public comment on this we're not allowed to have public comment so I'd be happy if again we're not finalizing anything we're just sending this out to the RFP Market I will commit you to do even more business Outreach is part of these emails that we got back uh the owner of Mila a restaurant right there uh is in favor the new restaurant Aura uh the owners of the new restaurant uh from Delila are in favor uh representatives from the um richz Carlton were in favor the new ownership team of the W Hotel is fully supportive of this I would imagine that the Nike store is the owner and operator of 1691 the entire office building on the Block that this is for is fully supportive and actually said he thinks this will be so good to every single one of his tenants that he'll help subsidize our parking rates for the facility I will continue to do those Outreach efforts in a more formalized manner but I can guarantee you that I've already taken on a lot of that Outreach but to essentially work hand inand with you I'm happy to do that in a more formalized process okay so I would like to the reason I'm saying this is because you issue this RFP and people get angry with us you're going to issue this RFP and people are going to take time to fill out all of the papers and apply and put in proposals they have to spend time and money on lawyers and you know and and to to create these proposals it's comprehensive right submitting an application and then you're going to hold a public meeting and you're going to see what the outrage is and you're going to go oh we can't do it now we've wasted everyone's time before you initiate the process I love the fact that you are doing commissioner magazines Outreach to certain businesses but I would like to do General Outreach I don't know if you can pull every business in the area Eric if we have all the btrs in that entire surrounding area bring everybody in have a conversation if they all say we want padel fine but if not why are we going to waste everybody's time I guess I'm just not sure what every one would be I mean that's a significant amount of yeses that we've gotten uh in in the email there's also uh business owner at 420 Lincoln Road 407 Lincoln Road um this is no longer impacting the hair salon studio right there uh I I would imagine that Rosetta and Nike would be absolutely thrilled in fact if uh I don't know John if you you could comment but Nike when we had that pickle ball tournament said it was their highest grossing week end that they've ever had that's the feedback that they gave to our city I don't know if you're in a position to answer that John if not don't worry um okay that's fine uh but that's the feedback that they give to our event staff that's the type of activation the amount of people that we could have on Lincoln Road every single day at 800m you're going to walk down Lincoln Road and see energy vibrancy while we're still maintaining parking okay you've made the ask it's uh the sponsor can make the decision I I promise commissioner bot commissioner Fernandez Let's uh let's call a vote and again let's just everyone it's been a long discussion anybody out there watching this is going to come back multiple times to our commission the item today is to give guidance to the private sector on what we are seeking and ultimately this will come back for at least two more votes at least two more votes okay Poss probably probably more probably um Mr city manager could you clarify if we proceed as recommended today at what point can we do a um comprehensive business and Resident open Forum on this topic between now and when rfps would come back we can certainly schedule a public forum at any point in time the only thing that I would want to get clarity on is whe whether or not you want us to do that before issuing the RFP or before awarding the RFP because ultimately once the RFP is issued you start to have some complications with the cone of silence but the RFP is not issued yet it hasn't even been drafted yet hasn't it is drafted it you actually have a comprehensive RFP in front of you but um we have not issued it we will obviously have tweaks to make to it as a result of the conversation that we had here today um you know depending on the magnitude of those tweaks we probably have another couple weeks of drafting I think it's reasonable for us to try to set up something at your discretion so in the interest of not delaying things but trying to get as much public input as we can before the RFP leaves the building can we schedule something give you guys 3 weeks to tighten up the RFP get something on the books in the next two weeks so you still have a week to adjust if necessary incorporate all the the comments but this I mean this is you'd think we were building a bomb here this is like one of the most comprehensive conversations we had on anything um in the service of trying to do some good and I think there have been some really good suggestions made and accepted and I think that should be reflected but I you know it's not my place to say this but I would like to call the vote after my colleagues have spoken but um well I promise commissioner Fernandez but then yes we'll call the vote that's why I said after my colleagues have spoken but so can we work with a three-week time frame two weeks between now and two weeks to get a public comment input and then a final week to tweak everything one last time and then that way we're not slowing things down we are incorporating all the excellent suggestions that we were made and we are trying something that is not building a permanent 20 story building it is not signing something over for 99 years which I will continue to to not support it is a five-year program for something that will provide benefit for residents and businesses alike and if we can't try that if we don't have the courage of our own convictions to try that when we've made multiple accommodations to find better parking options so that we're not hurting businesses or residents trying to run a quick erand I I don't know what we're doing here commissioner sorry C can I ask oh commissioner if I could ask just a clarifying question if we would move forward and vote for the RFP given it said you'll take a few weeks to tighten up terms and I'll spearhead public initiate public Outreach to those businesses uh between now and our February 25th meeting even if we would sit there and vote to issue an RFP given it'll take you a few weeks to actually get out to the market if every single business comes back and go you know what we hate this it's the worst idea uh we we like our surface parking and nothing else then before you actually send it to the market we could come back on February 25th and say you know what we're actually going to walk this back so approve it today and that gives you and your team direction to essentially prepare it but but before it's literally sent out uh to the mailboxes we have that February 25th meeting 26th 26 um and uh if we need to essentially pull it back before it goes out somebody could make a motion to do so at that meeting I I don't want to speak for the City attorney but I believe whether or not it's been issued you can always move to reconsider and and pull it back that is correct you would have the option to cancel it um but what I hear commissioner magazine saying is that he's open to the idea of authorizing Administration to make the the revisions that were discussed here on the day is today and to bring it back on the 26 to give a final green light is that correct well I think we'll give the green light here but do not actually send it out to Market until the 27th because if there's anybody at the meeting on the 26th they've heard from the businesses and they say you know what you know essentially we don't want to regurgitate this conversation again on February 26th but if we have substantial push back from the business Community the RFP still hasn't been officially sent out it's been authorized by us it's been prepared by the administration but it won't be sent out until the 27th that's easy to to accommodate and there would just need to be I promise commissioner Fernandez and commissioner Rosen Gonzalez and let's call the vote please thank you and so you know and I'm just going to be very very transparent because I like the direction in which this conversation has gone today um I like uh I I like how this this is evolving it likely continue to evolve through the process I like that we've gone ahead and we've removed the most prominent parking lot from Lincoln Road out of consideration and I like that we' added two garages my question is how do we how do we because my preference would would be for this to be on one one of the rooftops which by the way the um like the pickle ball group that they play on the rooftop it is beautiful there because of the views that people are able to enjoy from there so it really is a very spectacular experience from the rooftop how do we encourage how do we make the numbers work so that there is a preference or encourage the people to go the route of the garage as opposed to the parking lot through the chair um I think the the answer to your question is we would create three verticals similar to the way we've suggested there are different options in the RFP today one vertical would be p26 one vertical would be the pen garage and a third vertical would be the 17th Street Garage rooftops on the two garages um and then we would then have to compare each of those proposals in that separate vertical and how could how could we make the proposals or how could we make those verticals incentivize the market towards towards the garages because that's what I would ultimately feel more comfortable with and I'm just being very transparent here uh I'm ultimately going to be much more comfortable with doing this on a on on a rooftop of a of a garage at the end of of the process in part because I know that a lot of misinformation is going to be put out there and I know I we've already you know we've lift this already in the past and so and so and so given that that's the case if we direct how do we incentivize this going to the garage because I don't know that at the end of the process if if it's one of the Lincoln Lane Lots I don't know that I'll be able to support it I think I'll feel I'll feel very comfortable supporting at the end of the day one of the rooftop garages but how do we incentivize that so I think possibly there's a couple of different ways to accomplish that one is we're talking about approximately 50% of p26 which is really only about um 24,000 square fet uh you maybe want to say that we're willing to contemplate a larger footprint on the rooftop of the garages which would then incentivize somebody to look at that one because they could potentially put more courts there uh the other way is certainly to say what you're saying right now which is you would prefer to see it on the top of the garages I think that the public who is contemplating bidding on something like this will go back and watch this meeting and hear these comments and will be influenced to submit a package that is most likely to get selected and then ultimately during the selection process we're going to evaluate and present within those verticals and you'll have that opportunity to pick and choose well you know how it works they'll always try to hire people who will then try to influence people one way or or the or the other uh so but but the way that we incentivize it through numbers from the GetGo and through officially through the process is you're saying one way is by offering a larger footprint on the rooftop of the garage than what they would be able able to get on a uh on a Surface lot another potential is we were trying to offset the parking Revenue loss on the rooftop of the garages the parking Revenue loss is going to be substantially less so maybe it's a less costly Endeavor for the monthly minimums that they would have so could we so could we incorporate that a larger and and and to the chair to to the sponsor of the item um you know incentivizing a larger footprint on the rooftop of the garage you know perhaps you know the percentage of the revenue is different or you know making the numbers different the financial numbers different because the fiscal impact to the city will ultimately be less because the revenues drawn from the garage are are less I I think all of those are within the realm of possibility it's really a matter of what you all would like to see okay and if commissioner if you're fine with that if you want to incorporate that as part of your item um because you know I you know I don't want us to to spin our Wheels I know the information that's going to be put out there and we and you know we have to ultimately we have to protect the Public's trust unfortunately and unfortunately I fear that in this process which is a well-intended process to help the economy of Lincoln Road people are going to led to believe that the Public's trust has been you know disregarded or something like that and that's very important and so and so I want to make sure that we position ourselves that to protect the public but also send a clear message to the market as to really what is realistic out there and and incentivize what will ultimately get to the Finish Line okay are we ready to call the vote please Kristen you're killing me for okay let's call the vote wellit I just want to make sure that the public Outreach that's done um is done in person I some of our meetings that are on Zoom are just I don't think it's enough of a a connection so I would maybe hold it here at City Hall which is right off of Lincoln Road and I would like the public um Outreach to be um in person so that we can have the conversation and one more thing before I vote on this is plot 26 still on the table what we're voting on different options we're incentivizing but if I'm we're going to be incentivized and correct me if I'm wrong commissioner do you do you accept incentivizing the larger footprint on the rooftop of the garage and presenting a better financial model on the rooftop given that the revenues won't be uh as significant that will be lost yeah one of the thing sorry one of the things that we have in this current RFP proposal is to allow up to four applications by the same operator right so I think that that allows us not a you know what pick your best effort it's saying here's what on the rooftop could look like from XYZ paddle and here's what XYZ paddle could do on p26 and I think we wouldn't be doing our ownselves uh justice if we just you know kind of closed off options let's get back and actually see in front of us here's the proposals okay I kind of had the floor when I got I just want to add this one thing in okay I'm not going to be supported today because plot 26 is still on the table that said after we do the public Outreach and this comes back I would I would be more than willing to entertain a programming of our rooftops because that to me makes sense you're still bringing people here we're not losing the revenue um you know you're bringing pel to Lincoln Road and that's what you said is the most important correct yeah okay yeah so let's see the feasibility of it and let's see the designs if it doesn't work in p26 is the only option then we can pivot on the Fly and see if it's how we want to move forward uh but if a fantastic proposal the best one comes back and it's uh one of the rooftops then I'm going to be supportive of that excellent discussion all around thank you all let's call the vote so have a motion by commissioner magazine as amended seconded by I'll second so uh all in favor of c2m as amended please say I I I anyone opposed n so I have 61 motion is approved thank you it's call r7b as in boy yes sir r7b is adopt Second Amendment to fiscal year 2025 operating budget it is a public hearing r7b good afternoon to meet Stuart budget director this is the Second Amendment to the operating budget it contains four items it recommends an increase of 247,000 to the general fund budget all four items are recommended to be funded with general fund reserves the first item is a police department professional staffing and workload analysis and this was approved by the city commission at the December 2024 commission meeting in the amount of $99,000 the second item is a art deco painting incentive grant program that was approved by the city commission at the November 2024 commission meeting and the recommendation again is to appropriate $888,000 for this program the third program is a bikines magical Youth mission Foundation scholarship that was approved by the city commission at the November 2024 commission meeting recommendation is to appropriate $45,000 and the final program is the surf writer Foundation accreditation of the Miami Beach Blue Water task force lab and the recommendation is to appropriate 15,000 I you have to answer any questions you might have I have a motion in a second it is a public hearing I see two individuals with their hands raised M storm are you here to talk on the budget amendment or oh no I wanted to talk about the padel and I look forward to being in person and having my feedback thank you public uh AV Valencia are you here to talk about the budget amendment if so please unmute yourself okay seeing no one else no one in the audience the public hearing is closed on this item I have a motion in a second may I call may I take the vote call the vote all in favor of r7b please say I I any opposed item passes 70 r7c R 7 C is adopt third amendment to fiscal year 2025 capital budget it is a public hearing r7c so this item recommends the increase of the capital budget by $3 million and the realignment of 9.5 million between existing projects so the first project is Pump Station 28 where the bids have come in higher than budget the recommendation is to transfer $9 million from the f. Alton Road reloc relocation project which doesn't need funding until FY 26 so the recommendation is to transfer the funds and then during the FY 26 budget process we'll find a additional dollars to the fot project the second item is a Convention Center Lincoln Road connector project the bid has come in higher than budget and the recommendation is to appropriate 2.6 million of water and seore available bonds the third item is art in public plac places project at the bashore park this is a new project and the recommendation is appropriate 406,000 for this project using AI available funds and the final project is the AI installation at the Flamingo Park project uh at the Flamingo Park the recommendation is to appropriate $1,200 to this existing project that has a funding Gap I move the item any yes okay anybody second I'll second it is a public hearing uh I have no one on Zoom I have no one in the audience requesting to speak uh okay if there's no further discussion may I call the rooll yes so an r7c all in favor please say I I anyone opposed I see commissioner magazine and commissioner Suarez is here so all 70 motion our 7 C is approved than uh vice mayor bot has a motion to reconsider I'll turn it over to vice mayor um and I apologies I apologize I'm as everyone can tell not on my game today um I meant to pull C7 as not because I don't want the Bandell um to be added to buildings to be painted in vibrant colors but the Leonard harwood's color palette is specific to um the art Cultural District it is specific to Art Deco and the Miami Beach Bandshell was built in 1961 and in fact his historic designation as a Miami modern building and so yes by all means let's Z it up get can we please find a color palette that is appropriate with the art with the Miami modern vernacula that is that part of the the city it is it is a a a big beautiful Resort Hotel district that all of those buildings are 1960s 1950s and to just slap the horo it's color palette on them does them a disservice can I amend it to what she just said yes you can okay so do we need to formally uh have the motion to reconsider so yes okay so motion to reconsider C7 as may we do so by acclamation yes yes so can we amend C7 as as requested with the different color palette a as yes SX is in as is in s sorry yeah yes yep so if we could do that by acclamation as amended also yes yes okay C7 as is amended thank you can can I just mention one thing we do have the art and culture geobond item so we were intending to make sure that whatever we do at the Bandshell is not going to be short term and get inhibited by the geobond art and culture construction activities so just letting everyone know that that may influence the timing okay I mean I there's no urgency to repainting the band shell and if we already have PL things planned to upgrade the Band Shell that to me takes precedence I just don't want that when we do get around to painting it that all of a sudden it's pastel blues and yellows that don't fit the vernacular thank you colleagues let's call r5m as in Mary r5m is an ordinance of the mayor and City Commission of city of May Florida amending Chapter 58 of the May city code entitled housing by amending article 3 entitled property maintenance standards by amending section 58- 298 thereof to require Property Owners of commercial historically designated buildings and all other historic districts as defined to maintain the historic character by promptly addressing exterior maintenance approved signage or awnings and other visual blight violations and providing for repealer cability clarification and effective date this is a first reading public hearing at r5m vice mayor bot co-sponsored by commissioner Rosa Gonzalez yeah so this is um designed to hold everybody accountable so um um his historic buildings in all districts I think initially it was in the Art Deco district and we want to make sure that um property maintenance maintenance standards are consistent and consistently un upheld um and I will defer to staff to talk about the the details if necessary otherwise I will just move it second let's call the vote it is a public hearing I see no one in Zoom no one in the audience a commissioner Magazine on r5m yes commissioner Fernandez yes vice mayor bot yes commissioner Rosen Gonzalez Comm Dominguez yes Comm Suarez sorry yes mayor Miner yes motion carries item is approved 70 second reading public hearing is scheduled for February 26 RM thank you colleagues since you're on a role vice mayor R5 a as in boy r five a is a n to the mayor and City Commissioner of city of May Beach Florida amending chapter six of the code of the city of May beach entitled alcoholic beverages beverages article one entitle in general by amending section 63 thereof entitle hours of sale violations by amending subsection A9 thereof to update the requirements of this subsection providing for repealer sharability qualification and effect update this is a first reading public hearing it is R5 AB um we are just trying to trying to tighten things up a little bit if I could just um draw on the city attorney's office to talk about the differences that would be great sure um so the item as proposed would uh seek to close some perceived loopholes currently the ordinance requires no is 96 hours prior to a performance that will be marketed and the amendment would require this to occur when there is a special appearance or a drop in or a popup or pop in uh requiring basically requiring those venues to have the same 96-hour notice to the police department and this currently applies to venues of more than with with an occupant load of more than 350 persons so basically we're we're trying to find a way to um close the loopholes for people who are not um following the letter of the law or even the intent of the law which is to give our police a heads up when they have high impact special events performances we're getting a lot of people saying oh we didn't know or oh it happened last minute so um uh we are trying to close the loopholes I would be thrilled to go further than this recognize my colleague that Mark's item initially Sor wasn't this Mark samin's item I believe it was closing the loophole thank you yay my mentor please sorry David well in the spare of uh our late commissioner Mark Salon I'd love to close a couple more loopholes um you know I think uh it's a good effort but if we really want to we really want to close the loophole I think we should be limiting this to all venues um and specifically take it a step further where if there is going to be a an appearance or an event um we we should require them to get a special events permit for the sidewalk so for example if um one of the the smaller nightclubs that have an occup see less than 350 excuse me like Galla nightclub you know if they're going to host maybe Travis Scott you know Travis Scott can fill up 100,000 people in a in a stadium um if they say that there's going to be an event from Travis Scott and in Gala there could be thousands tens of thousands of people that show up and they're on the sidewalk um so I think and G's close yeah well what's the next you know Gala uh nightclub or small venue that that's going to happen to so if we really want to make sure that we we cover all our bases you I provided the City attorney um with a friendly Amendment and he could read it into the record um sure actually I'm going to have Rob do that and what we would propose is that we're going to look at this more closely between first and second reading but we're comfortable that what commissioner SS is proposing is is doable and defensible uh sorry there there are two additions to uh the requirement not withstanding any other provision of this code any alcoholic beverage establishment having a total maximum legal OCC occupant content less than 350 persons shall not host a promoted event or concert without first obtaining a special event permit or for the use of the public sidewalk in front of the establishment and then it has penalties uh ranging for violation up to revocation of uh CU BTR or Co um we uh we would want to we're just hearing about this today we would want to mul over how that would work and what suggestions we would make uh one suggestion we would make would be if we were going to require that special event permit for less than 350 occupancy load that we just make it across the board and make it for all occupancy loads um the penalties we might have to work on uh and and check and M over between first and second reading but we think in general uh it is a good idea and we just need to um bake it a little bit and so if the sponsors is inclined to accept that Amendment we would ask that uh you have second reading at the March meeting rather than the second February meeting since that's only a few weeks away and this is a serious it's basically a rewrite it wouldn't be uh a 96-hour notice requirement anymore it would be a requirement for a special event permit um and so that's that's just a totally different ordinance it and it it's better in some ways and it's and it's for businesses it is also more onerous uh and so we would want to be very careful in drafting that so I um was inclined when I started this to um be more restrictive um it was suggested to me to proceed the way I did um for various reasons but I'm very happy to defer the second reading to the March um commission meeting to see if we can't get this worked out in a way that works um if do any of my colleagues have anything to add to this perhaps um because I just want to make sure that I understand well what's been proposed and that we have Clarity on on this it sounds good it sounds like it's going the right direction for public safety especially with a lot of these performers that we've had since it's the March meeting can we have to stop by the land use meeting between first and second reading so that we can have a discussion and you know V vett it out well when is land use February something yeah I yeah I think that that that would difficult the reason we're asking for the extra time is to try to have some time to uh put something comprehensive together um um two week you have over two weeks me yeah no you know spring break is right around the corner right and um I understand the legal team needs time but listen I mean you know we want to we want to ideally we'd like to get this right before March is that even possible I mean anything's possible um well look this is this is commissioner bot's item or vice mayor bot's item this is your baby I'm not trying to take it over I'm just offering a friendly Amendment um I want you to win on this and um I'm just I I think with a little bit input it it could be a lot stronger um yeah I I think my inclination is with all due respect to my colleague given that March is upon us that the Ides of March are upon us and I would like to have this be um ready to go and put in place by then um when is the March commission meeting 19 March 19th so it doesn't even help us that much could I just make a suggestion if the intent is to have to apply for the March meeting can we do similar to what we did with art bosel at the next meeting the February meeting second February meeting of the city commission can we do a resolution imposing this uh that expires uh this year while we work on fine tune it while we fine-tune the permanent policy which is kind of what we how we handled the um the party house situation during our bosel yes we could consider doing that uh but we're just uh learning about this proposal and mulling it over today but potentially that is one thing that we could do okay so let barring any unforeseen circumstances let's do what commissioner fernandz suggested which is at the second February meeting have a draft of something that's a stop Gap while we finalize the list legislation so that our police department has another tool in toolkit if people are acting silly and trying to do things that they're not supposed to do that work for everybody so what we're proposing is for whichever meeting whether it be February or March that sorry uh for whichever meeting that instead of a uh 96-hour notice period that every call it a beverage establishment in the city or every everyone having a performance in the city would be required to have a special event permit which is a uh process it's um it's it's a very different proposal so that's just what I'm being clear I'm trying to make clear that's what we are going you're telling us to go forward with can I actually ask Lisa to come up and and weigh in on this because we're putting this strictly on her Department shoulders so you understand the goal we're not trying to create an event where you know they donuts and Flow hour is being handed out we want so that if somebody says we have somebody showing up um who's going to be a big draw regardless of the size of the crowd but especially if you cannot accommodate the crowd inside of your Venue you need to pull some kind of permit and maybe it's an abbreviated permit for to get us through March until we get this all sorted out that you have a queuing plan that you have a control plan that everything has been filed with the police department so that we don't have you know the halves and the halves not have not where you know somebody who's 250 people big says oh we had no idea they just came up and who are we to say no sure good afternoon L director of Tourism and culture thank you Vice maybot so there is a RightWay permit right now that goes through the public works department um and again as Rob is stating if we're able to kind of internally discuss of how we can work this out for March because we don't permit uh the nightclubs or you know private U clubs like that so the is something new but there is a process that we have right now through the RightWay permit which is specific for the blocking of sidewalks or streets Eric what are your thoughts I I would want to contemplate that a little bit because if we're going to be issuing RightWay permits we're basically legalizing the blocking of sidewalks I don't think that's the intent that is not the intent um and so let us take this back and regroup um we've heard you loud and clear there that you want to have something that can be brought forward in the second meeting in February um let us work on that and we'll Reach Out Chief Jones if I may pop put you on the spot you hear what we're trying to accomplish in time for it to be useful for you for the the month that dare not be named um is there anything that we're not thinking about or do you have ideas that should be put into the conversation as our CH our um crack team takes a whack at making this work well thanks for giving the opportunity to weigh in um ma'am uh we have had some interal conversations about this uh assistant chief Dan mgalo has led those conversations so I'd really like to defer to him and see what his thoughts are he may be able to share this with you okay good afternoon Madame vice mayor um city manager Commissioners it assistant chief Daniel morgal on behalf of the police department so what has been proposed here is is excellent as far as closing the loopholes in the uh in the current uh notification process um anything that affords us the opportunity to have time to prepare and adjust accordingly for Public Safety purposes to deal with large crowds that may show up for some of these artists as as commissioner Suarez mentioned earlier um puts us in the best position possible to be able to be responsive and prevent any type of public safety issue so everything that's been proposed here um will assist us in that process okay so everybody sorry what I would recommend is that you pass the ordinance as written on First Amendment and while there will be changes to it uh we will bring back on second reading uh the ordinance just with the Amendments and so it's not a totally new Ord we' be bringing back uh on second reading with these amendments so it would just go into effect and that would be at the second February meeting to be able to be used for March yes I'm sorry that's not in other words you're asking that second reading be in February February okay got it yeah that's and I'm sorry I normally would give you all the time in the world but time is okay not our friend at this moment I no I get it and there and there is and that is something that you should think in some degree we would be legalizing what happens on the sidewalk you would be giving a a special event permit for the sidewalk we'll have those internal conversations about what the best way to effectuate all of this is and if it's not exactly that idea although you know some version of that we'll figure that out but we don't need to Hash this out here um colleagues Kristen Rosen Gonzalez commissioner is this Citywide for example like Lael they have a assent business that's doing very well they're bringing in entertainment acts if you pass this they would have to get a special event permit um the finget constantly is bringing people in if you pass this they would have to get a special event permit I just don't um if the fing a forum is having a performer I mean can you distinguish between is it it's only for I mean I just wonder what the repercussions of doing this is for smaller businesses I would rather you have some sort of threshold between the larger venues that might be problematic and then smaller venues that we want to protect like Lael which is having performance performances correct we're we're obviously not trying to do that and that that's not the that's not the intended use the intended use is the Bad actors who oh we didn't know person so and so was popping in to do a thing but um so is there in in years past have we done things sort of south of 23rd or south of 41st um to try to Corral just the folks who are not acting the way they're supposed to be by law yes you can you can designate an area as long as you have a rational basis uh for that area commissioner Suarez you said yeah I I I I understand that F has some events but it would be a very easy process for them to follow if if they did go through the process and you know trust me they can handle that process no problem um just notice it's just notice yeah it's just a notice again it's just notice the police and you hear the police chief himself saying that this would that would this would tremendously help that Public Safety I mean so you know we don't want you know we don't want the same issues that happened in South Beach to then all of a sudden happen in mid Beach or North Beach um so I I think it's important let us try to put something together because as you're seeing there's a lot of nuance to this and uh and and the vice mayor's right that we don't need to discuss it right here uh but we will put some serious thought into it we'll put together what we hope best effectuates what you want and best gives us our best chance to uh have something legal okay so commissioner Rosen Gonzalez we will let us try to make this work and we'll come back with something in a couple of weeks again apologies and thank you um but anybody else or can we call the vote so so so this would be special appearances right this this isn't the house artist this isn't like at the like I'm not sure like like for example the example of leel I don't know do they have special appearances or they scheduled they regularly scheduled performances that are advertised and so they would have to get a special event permit under this if I may jump in I don't know we're we're discussing the possibility of requiring some form of permit in certain circumstances if there's overflow into the sidewalk but I think that we need to regroup internally to make sure that we are not creating a worse situation by doing that in which case I would suggest and because I'm a supporter of the promoter ordinance and these registration requirements I'm a supporter of that but given that even our staff feels that that they need to regroup on this I would suggest maybe imagine we the furest it won't be here for March um that that's why I'm kind of thinking that we do we can be less restrictive when this comes in second reading because my concern is that this is going to affect a lot of small businesses yeah I think I think we're going to I think we're going to try to get to the best possible um um version of this with the intended consequences without opening up a whole Cascade of unintended consequences and if after spring break when we all have time to reflect on it we have a better idea more nuanced way of working on it than we can adjust accordingly but I it just seems like we're walking into spring break in six weeks and why wouldn't we put something together that we know will work it might not work in every case but it'll work more effective effectively than we have what's working now instead of waiting a full year let's call the vote I need a second a second so it is a public hearing I have one person on Zoom Valencia are you here to speak on R5 AB if so please unmute yourself yes so my my question is for the City attorney specifically uh he claims that there's something actionable but is there any PR ENT where he could speak on where this type of action has uh been enforced or utilized by the city before uh based on you know free movement of the public and the sidewalks being a public space um this seems kind of well we're kind of throwing a blanket on the the free enterprise as far as the businesses and how they want to associate if they knew prior to uh a high level star coming to their business and was going to be there for a while that's one thing but there is hypothetically a situation where a star could just show up maybe they got a call hey pull up you could show up to this venue and that's part of the thing and as far as controlling the sidewalk while the sidewalk uh that's public use so demanding that AB business put forth uh a sort of a request to use a sidewalk which sidewalk is free public space um it seems that uh the legal system in your behalf maybe over overstepping their grounds or maybe uh speaking on a situation that legally uh they have no ground to back that up I mean it seems kind of uh Preposterous to me thank you sir I didn't catch your name can you tell me your name and address please this is Anthony Valencia West Avenue thank you there is no other public speaker online I see no one in the room public hearing is called are we ready to call the vote if so I have a motion as is by commissioner bot second to by commissioner Suarez uh do we still want this the the referral between first and second reading to land use on February 20th I don't think we have time okay so as is commissioner Rosen Gonzalez yes commissioner Suarez yes commissioner Fernandez commissioner Dominguez yes commissioner magazine yes vice mayor bot yes mayor minor yes item is approved second reading public hearing is scheduled for February 26 let's call r5v as in Victor and let's call R5 5w to we'll call them together so r5v is in ordinance of the mayor and City Commissioner of city of May Beach Florida amending the city of Miami Beach year 2040 comprehensive plan pursuant to the expedited State review process of Section 163 3184 subsection 3 Florida Statutes by amending house element goal he1 entitled Equitable Community objective he 1.1 entitled creation annual preservation of Workforce and affordable housing by creating policy CH he 1.1.3 pertaining to housing impact statement and providing for codification repeater cability transmitt and an effective date uh this is item r5v it is a first reading public hearing it requires four SS vote r5w the companion item is an ordance of the mayor City Commission of the city of Mii Beach Florida amending the code of the city of Miami Beach sub Part B entitled Mii Beach resiliency code by amending chapter one entitled General Provisions article two entitle definitions section 1.2 one section 1.2.2 entitle use definitions that's subsection 1.2.2 point1 entitle residential by creating definition for housing impact statement and by amending chapter 2 entitle Administration and review procedures Article 5 entitled rezonings and development approvals at section 2.5.2 conditional use and 2.5.3 design review to amend the planning board and design review board application requirements and re review criteria to include a housing impact statement and by amending article 8 entitled variance us to amend the board of adjustment application requirements and review criteria to include a housing impact statement by amending Article 13 entitled historic preservation at section 2.3.7 issuance of a certificate of appropriateness certificate of certificate to dig certificate to appropriateness for demolition to amend the historic preservation board application requirements and review criteria to include a housing impact statement and providing for qualification repealer cability and effective date that was item r5w it is a public hearing and that item requ far as 57s vote commissioner Fernandez co-sponsored by commissioner magazine thank you Mr Mayor uh earlier today we spoke about the courtesy notice to uh residential tenants having to do with with developments uh that are going before the land use sports but once these uh these applications get to the land use Sports it feels incumbent upon those who are making the decisions on these developments to be aware of the housing impact that these applications will have on in our in our community the decline of permanent residence uh has a negative and consequential impact on the quality of life for uh for those who remain and one of the impacts we've seen is um is increased traffic congestion in part even as employees of local establishments are forced uh to live off the city this is the direct result of lack of affordable or even attainable uh housing in in our city uh and the contributing factor of this trend has been the conversion of residential units to short-term rentals or other transient units as commissioner magazine mentioned earlier with the legislation that he championed earlier today the legislation before us requires individuals submitting an application to the city to to any of these Sports to submit a housing impact statement and what is a housing impact statement it's a detailed analysis of the impacts of the propos development comparing current housing availability on the effective property before the execution of the development with a future housing availability after the development is completed so you have to show this is what's available today as a relates to housing on this property and this is what's going to be available in the future on this property as a result of the proposed development a full disclosure as to whether any residents currently or within the past year occupied the property specifying how many of those were affordable including Section 8 or Workforce housing units and I think also more perhaps very important as well is identify any voluntary mitigation measures offered by the developer to assist those affected residents with relocation or identif find alternate housing I think it's one of the few things we can do to create awareness to be cautious about the about the importance of the decisions that are being made regarding development on the lives of those who we are entrusted to to represent I'm very proud to be bringing this item forward I want to thank the planning department and uh and the city attorney's office for working with me on this item and I'm going to turn it over to our planning director director Tom Mooney uh to chime in further on this item uh thank you commissioner Fernandez I think you explained everything perfectly in the ldrs uh chapter one's being amended to create the actual definition for our housing impact statement and chapter 2 is being amended uh to create an Express requirement for the criteria for each of the land use boards the corresponding uh Amendment to the comprehensive plan r5v creates a policy it's a new policy um specific to a housing impact statement and so uh that's something that's going to be important to amend with regard to the housing element of the uh comprehensive plan and with that I think it's ready to be moved um for approval thank you thank you Mr Mayor commissioner Rosa Gonzalez I love this I love that disclosure because I think that when a project goes before the planning board and they see that they're going to be displacing you know know 50 seniors who aren't going to have any place to go they might think twice before they approve uh that project so um we'd hope but at least you all have the disclosure statement there so um very proud of you commissioner Fernandez um seen too many people displaced and this is at least one not a deterr protection I suppose or at least a disclosure that will allow the owners to understand what their impact of what they're doing is and act as hopefully a conscience and if I may Mr Mayor just a respond to that not only are we asking them to disclose the housing impact but also you know whether they're doing any voluntary mitigation uh measures to assist those being displaced uh we can't require them to uh to offer any any mitigation but we hope at least by asking that we're able to touch the consci of uh of of those uh of those who um who are submitting this application I see the city clerk waving at me oh okay the city clerk was not waving at me thank you Mr Mayor commissioner magazine this is great commissioner Fernandez uh I'm sure Tom or Debbie could attest when I was a private citizen the number of times I'd call into the HPB and say this exact phrase I'd say I understand this is not in your purview but uh and it would often talk about the people that are potentially being displaced uh when one project is converted from residential into uh a hotel or short-term rentals and while it may still not be in their purview but maybe we could work on furthering legislation uh just like you said you know you pass something then you adjust uh maybe at some point in time it could be uh part of their purview but at least now with this it'll be front and center in their mind that's right thank I move by item Mr Mayor okay excellent item commissioner fernandis thank you call a vote is a public hearing I see no one in Zoom I see no one in the audience I have a motion by commissioner Fernandez for both items a seconded by commissioner magazine uh on r5v and W commissioner Rosen Gonzales yes commissioner Fernandez yes commissioner Suarez yes mayor bot yes commissioner magazine yes commissioner Dominguez yes Miner yes both items are approved second reading public hearing is scheduled for April 23rd that was item r5v r5w mayor just if I make there's two announced two open and continue items because there was someone from the audience and we told them to leave just so we make it official uh we are requesting to open and continue r5t and r5u you so if we may do so by acclamation opening and continue Tom to April 23rd or well no that would be second reading this is first reading so February 26 February 26 so open and continue r5t and U to February 26 thank you sounds good February 26 any other announcements no unfortunately no uh let's let's just try to finish up the pulled items from consent uh c4c yes sir c4c is commissioner Fernandez separated the item it is oh just read the for the record c4c is a referral this is the city clerk's referral to the planning board meeting of 312 relocate City Hall early voting site expand extend voting uh for runoff election commissioner Fernandez thank you Mr Mayor the reason why I pulled this item is because of the importance of it um we we always want to ensure that our residents are well heard during during the elections and this year the runoff elections will overlap with art bosel and that to me is is of course very concerning because we all know the traffic that occurs in our city during Art Basel just moving a few blocks could take an extensive amount of time in this specific situation we're having to contemplate the moving of the city hall early voting site and Mr clerk correct me if I'm wrong I would say I would if memory serves me right the city hall early voting site is I think it's the most popular early voting site and and my concern is is you know if you move it too far north people who are to the South might feel disen franchise because it's going to take them longer together because of the traffic if you move it too far south uh the the early voting site let's say all the way to somewhere on Sixth Street or by Flamingo Park the people in in in mid beach around where I live my uh my field disenfranchised given the amount of traffic that we have during art basle and the fact that that this runoff will be taking place during art bosel to the extent that we need to be moving uh the city hall early voting site I would like us to contemplate perhaps just adding a third early voting site because that way you know if you have to sit in traffic at least it's less traffic you have to sit in less traffic to go and vote and so that that's what I wanted to put before us today uh our only other option would be contemplating moving the runoff date but I don't know that that that we can even do that I don't think the supervisor of elections felt it would be fair all the other cities have agreed to this runoff date uh so we would be a oneoff situation but I wanted to discuss this with all of us today rather than hearing it at committee giving given the importance that this has to our city thank you m Mr Mayor oh thank you let me ask a couple of questions and if you know the answers commissioner Fernandez so the the decision I I guess that was made by the elections office prior to the current prior to Alena taking office that two weeks was not sufficient time right is that is that's is that a vision she shares yes yes and this has been a historical issue Christina White uh who is a consumate public uh administrator has had this concern for many years and they came and they presented to our char review task force as well I think we even had a question go to our voters amending our Charter uh and prescribing this uh this five week runoff period but I would say after speaking with the supervisor of elections last week she very much shares uh that um that um that two weeks is not enough in fact they shared with me a statistic on the amount of vote by mail ballot that are not counted in our election because they were submitted too late after after the runoff two weeks was not enough okay Mr that's fair yeah oh yes uh so I spoke to Christino white on Saturday we spent probably between 30 to 45 minutes speaking on this they are not who did you speak with Christina White who is now the chief operate chief executive officer officer of the elections department and everything that she told me was with the consent of the supervisor of elections okay um so they are not willing to change the election date for the reason that commissioner Fernandez stated which is they a lot of ballots are rejected because they don't get back on time vote by mail balance so it makes sense she is adamant that that will not work what they are proposing is well what they have agreed to based on commissioner Fernandez's request and I speaking to them is that they are willing to add an extra site in mid Beach the only suitable site that I see at the moment based on the requirements of the statute would be must Park but we can talk about an additional would be what must Park okay but we can talk about other locations that may fit the requirement based on my knowledge I don't think there's any other they are willing to add that so what we would have to decide is I'm assuming we only want that third site during the runoff not during the general also because won't be necessary during the general so just for the for the runoff I still recommend that you move the city hall site to another location that is in South Beach because City Hall will be impossible to get into our parking lot that we use for early voting is the one that is used by art bosel for their uh ballet parking so yeah no and this all sounds good I'll tell you my my concern is no matter how many times you publish this I guarantee you there'll be say you all know this cuz we hear it all the time every time people oh I didn't know I was people are going to show up to City Hall so and they going to say it took me an hour to get here it took me an hour to park and now you tell me I can't vote here so I agree with you and based on that my recommendation would be also to move the city hall early voting location to whatever location we decide in South Beach for the general so you don't have that hey I showed up to City Hall for the general now I'm going somewhere else so I would move it for both for this election meaning the early voting at City Hall move it to one of the other locations in South Beach it will not be impacted for the general but for the runoff people already know we want to keep consistency as far as where people vote yeah I don't love that idea I'll tell you why because you're going to have the same problem on the front end so I'm not sure that's going to really help you and it is such a prime place for people to vote they come to City Hall so now we're taking that away I don't I don't and I agree with you but if if it happens on the front end you have 14 days of early voting to get it right meaning you show up to City Hall it's not the location you can you have more time when it's a runoff is three days so it may be more difficult for the runoff I just we prefer consistency where the voter knows I go here and I go here again if it's a runoff but again that's a policy decision I also requested that maybe we can extend early voting days for the runoff they said absolutely not on that and what was the reason you pulled this from a referral commissioner Fernandez well I I I felt that the discussion was better had sooner rather than later amongst all of us um you know I I I feel that this is very big a very big situation um I think people know the city hall location and they just come here uh even I it's funny because I I've seen people here that they could the North Beach location is closer to them and they just come here you know it just it's City Hall people know that this is an early voting site um and moving it is a significant thing but especially more so when you have I mean you know I don't want to use this word gridlock the city is gridlock and uh and I think it's it's something that that we need to discuss sooner rather than later and I thought it would be better for us to discuss it here is there is there a is there and I'll get to you on a second um is there a deadline for when we have to make this decision July but in other words I want to get the elections department on board we showed the elections Department the alternative sites on South Beach they haven't gotten back to us yet they said that they would get back to us around March I would still prefer that this be also referred and you give me directions to work with the with the elections Department to have a mid Beach location also but I cannot tell you where in South Beach they're proposing because they haven't gotten back to me n said so I don't I don't I don't think you're contemplated that we're going to make the final decision today yeah okay which is good because I thought it was going to be a referral and you having finished I I mean you I don't want to get into every I have so many questions but like even just now we we sort of assumed feta complete oh art basle is here we can't use the ground floor we usually have like I'm not willing to accept that as a feda compete I mean if if this is voting art basle is extremely important but there's nothing more important than voting yeah but traffic I'm just I get it I'm just giving you all the Alternatives I want there's there's going to be traffic it not just on 17th Street by city hall there's going to be traffic everywhere so um I'm sorry I I'll recognize commissioner Rosa Gonzalez vice mayor B then commissioner Dominguez first I agree with the mayor on the fact that you know we're going to have to clear out the ground floor of the garage and maintain City Hall I would say that as we were putting these items on and had the discussion everybody knew that this was coming that there was going to be a runoff we knew that it was going to be during our Baza we tried to fix the charter and it didn't happen but that said um I would definitely keep it City Hall even if it's difficult and it is going to be difficult for people to come and it's harder because people aren't going to be able to get North or South they're going to get you know you can't get North on Collins Avenue is blocked like crazy and you can't get I think it's I think it's almost worth worth worse to move it to South Beach and then to have three locations of early voting is very stressful too because um you have to be at all three of those locations I know it's only three days so it's not the the the end of the world but I'd like to keep it as is right now because people will make their way there a lot of people walk over especially from Flamingo Park in that area to City Hall um my recommendation is if you want to keep it at City Hall it would be difficult but we could do it but add that third location you don't want to prevent them even if one person goes to that third location it's worth it so at a third location in South Beach no it's not in South Beach in mid Beach and the only place that I can think of right now based on the statute requirements is must Park but at least it's somewhere else you can go to don't don't say no to that right now oh okay I'm okay with that and and can I just Chim in just and I'm sorry because I I know I have colleagues that are waiting to speak my my concern is is that if we only keep it at City Hall some voters might feel disenfranchised because they're not going to want to sit in the traffic but we're able to do three locations we have the location in North Beach where North Beach is not as impacted by traffic uh during during bosil we can have a a location in mid Beach that people can walk to or bike to in addition to a location in South Beach uh whether it be the palal or the South sh Community Center that again people in South Beach can walk or or or bike to if they don't want to sit in the traffic but at least we're giving them options that are closer to where they live so that they have an easier way to get there other than uh other than sitting in horrible traffic I think we're all on the same page because we're saying that we want more options yeah yes agree vice mayor bot so I know everybody loves coming to city hall because they really enjoy running through that gaun let of screaming memes telling you who to vote for at the top of their lungs um I would suggest one of the things about having voting in um at City Hall for the regular election is that when people are here to vote early you can tell them um either there won't be voting at City Hall or there will be an additional early voting location and we know that those voters at least will be notified with a little piece of you know that there's going to be an addition additional site at must Beach mus Park so um I would contemplate that if you can commissioner Dominguez thank you and um I would also suggest keeping um City Hall uh several things have changed with precincts in the last couple years so one of the largest precincts is 30 and that's Sunset Harbor and the Venetian islands and a little bit of West Avenue they used to vote at the Botanical Garden but with the expansion of the Holocaust Memorial there's no parking and now they can't vote there they vote at City Hall so it would be a huge portion of the electorate um and as the mayor said not being aware getting confused no matter how many times we communicate so I think it's critical to have something and and I want to make clear that this is only for early voting the general election is the week after our bosle the runoff so it won't be impacted so those people who vote at City Hall we vote at City Hall so this is just for the three days of runoff election thank you so um I would prefer that this also be referred so we can I was I was about to ask since you pulled it commissioner friend is that your but a good discussion I think you got the ball rolling so thank you much appreciated so by acclamation c4c is referred to the March 12th uh Public Safety neighborhood and quality of life committee thank you c7n as in Nancy yes sir c7n is authorized creation of Hall of Fame selection committee for 20125 it was separated by commissioner Dominguez can commissioner Dominguez thank you uh the reason I pulled that is that during my briefing in speaking with the city Administration uh they mentioned that it is a lot of work to do this particular committee and with this being an election year giving them extra TR if we could defer the Hall of Fame to 2026 instead of 2025 I love your proposal I second your item vice mayor Bach I completely agree with you and not just because it's an election year and having extra work but because having it be in an any election year makes it a political process and I think that is not the intent so I would um suggest that we roll this over to to the next even year and continue it that way in perpetuity so the next even year because 2025 there's election 26 there's no election there's no election 2026 yeah so can we technically withdraw the item and you bring it back L set in 2026 okay so item C7 n is withdrawn we good we're good the last the last C7 AG give me one sec C7 a was uh medical marijuana used by employees it was separated by the mayor yeah so I'll be brief I my understanding is that we do provide our city does and we have uh Marlin and and and Mark here thank you you can we do provide some accommodations for uh medical marijuana clearance the reason why I pulled it I have I have some concerns about um sensitive positions and the safeties make sure that that that this uh this would not impact them and my understanding is at least the the latest technology that test can be inconclusive on usage versus impairment and I have concerns uh whether if we're testing whether we really know uh a clear answer so that that's why I pulled it so this is my item um I don't know if you saw the re recent um Court decision that if you test any employee any employee it could be police it could be ENT and they come out positive um but they weren't doing it on the job and they have a card and a prescription there's absolutely nothing that we could do anyway as long as okay the State of Florida recognizes medical marijuana like medicine like anything else that you would take okay so it will not affect our um drug-free workplace status because it is considered Medicine by the state of Florida um the judicial system has already ained that we cannot we have no recourse if even if somebody who was operating heavy machinery tested positive and he showed his card and he and he did not have any problem at work it is medicine so there is nothing that we could do I don't know if you saw that decision with the ENT um I had the article and I don't know where it is but it was a very recent legal decision so this is really just to clean up also I think that it's first of all I mean Miami Beach applied I think like almost 80% on mirical medical marijuana but that's not what this is about it's just about implementing the State of Florida law um allowing anybody who has a prescription to use um medical marijuana um if they so choose um in the city of Miami Beach as long as they are not using it on the job that everybody has to perform their job there is a performance standard can anyone from the administration upon on the recent court decision I believe was that Nick or where's Rob because he saw it Rob I was just looking where are you I need him I had an I had the article in front of me that I was actually going to read so it won't matter what we do anyway but um this is actually the right thing to do um there are many people who might suffer from anxiety or insomnia and turn toward something worse like um that could be legal like an a legal type of opioid or a Xanax but maybe they choose to have medical Mar Rob Could you um tell us about the recent legal decision regarding medical marijuana and the ENT uh sure there is a uh a recent well first of all I should say there's a dir of case law on this so any case law that comes out on this subject at all is noteworthy however this is just a trial court decision out of Hillsboro County so it's not doesn't carry presedential weight but being one of the first decisions it is something that everybody is paying close attention to and in that case a uh a paramedic uh sued the city because the city would not give him an accommodation to allow him uh to do medical marijuana and the trial court found that the C uh the county violated uh the law by not making that accommodation for him that they had to allow him uh an accommodation which could it presumably include medical marijuana um that that case like I said it's a trial court decision it's we don't know yet if it's been appealed or or what an appell at court would do with it uh but it being one of the first decisions really in the country but certainly in Florida on the issue of medical marijuana uh it it is significant yeah um just so that you know employee who work for Hillsboro County and as an EMT emergency medical technician tested positive for marijuana following a random du drug test in accordance with an applicable collective bargaining agreement the employee presented his employer and testing doctor with Val VA valid medical marijuana card the county nevertheless placed the employee on administrative leave it admitted in court proceedings however that there had been no allegations that the employee used marijuana during work hours the employee sued the county alleging a failure to accommodate and violation of the fcra as a wrongful termination and he won so I mean that's the law of the land now well I think Rob just said it's not the law of the land but it is as of right now it it it it is it governs that case it governs all decisions it is it's it's it's a significant decision being the first one however it doesn't carry presidential way yeah it says here there was no factual dispute as to whether the employee met the definition of a qualified patient he suffers from anxiety PTSD insomnia um so there there are a lot of people across um across South Florida I think in America in general that are suffering from anxiety and PTSD and insomnia and these issues and that is il legal medication all this all this is saying it is not affecting our grand status it is not affecting our um drug drug-free workplace status all it is is saying that the city of Miami Beach recognizes medical marijuana as a medicine and that is the enlightened and and pro I'm afraid to even use the word prog ress it's progress without being Progressive thing to do um it's a compassionate uh thing to do the reason that I started this legislation in the first place because one of our employees um who have in in in the CWA unit came to me and said I have cancer I cannot use medical marijuana even though we had an accommodation there was some somewhat of a stigmatization that goes along with being the one person that has an accommodation and all I'm asking this body is to do is respect the law that lay in the State of Florida which is recognizing medical marijuana as any other medicine Mara how does this resolution uh differ from the current accommodations that we provide for medical marijuana clearance so the resolution in front of you um encourage sorry Mar LP's our HR director for the record uh the the resolution in front of you encourages the and and requires the city to provide approp apprpriate accommodation so depending on if the employee would be a safy safety sensitive employee or not um accommodations can look different for different employees with varying medical conditions so an accommodation might be um a change of hours a change of schedule uh modif slight modification of Duties as long as it was an essential core functions accommodations might be uh if it is a safety sensitive person who cannot um execute the essential functions of their job might be assignment to a different job accommodations can look like many many things it doesn't mean that a person sits in their same job and does exactly the same thing when their medical condition might necessitate a change do do we provide some of these accommodations currently so we do provide accommodations for all kinds of medical conditions I have only had two employees ever have a medical marijuana card and request an accommodation in lie of of uh the what might uh be a rule against their use of marijuana in our bargaining procedures and in both of those cases the accommodations uh have been considered and are being uh figured out and what what would this legislation do I guess I guess just if maybe it's I'm not trying to succinctly I guess what what is the what does this leg legislation do or differ from how we currently handle the accommodation use the word encourage before I'm just trying to figure out I I think it would be a requirement that we would accommodate where possible with medical marijuana but we're doing that now right I think that this codifies what HR and what the city is doing right now it's something that the commission has never said that you approve of what we're doing right now and and what everybody does the State of Florida Miami dat County this kind of process is what most governments are engaging in now we previously had a policy although it didn't come directly from the commission that medical marijuana was not allowed and that that was not an accommodation that we were going to give we've let people go uh for testing positive even though they had a medical marijuana card among other reasons but and we got sued and we uh had to settle that case because but we started from the premise that that the medical marijuana was something that was not allowed in the city of Miami Beach this sort of changes the the official uh commission endorsed uh uh uh framework the Paradigm that the city looks at medical marijuana through from the previous uh position that it simply is not something that we allow to something that we will look at under appropriate conditions and uh and where it can be done in a way that doesn't affect safety or our grants or our insurance or anything else that we would consider it which is what we and others are doing now to the chair could this legislation have an impact if we got sued for example if we if we denied for whatever reason no I think this legislation says that we will consider an accommodation for uh anyone who requests it and for those who it can't be accommodated we will offer other accommodations I think that if anything it helps us uh if we were to get sued um so it is it it really is it's not a subs and change of what we do because it's what we're doing right now it's just the commission endorsing what we do commission Rosa Gonzalez if it were up to me I would remove it from the testing because no matter what happens if somebody did test positive um any court or based on the one decision that we have it is along the State of Florida Florida that you have the right to prescription but here's what you're if we stop testing for example let's say that you're going through tremendous anxiety May or minor or stress right you're having a bad moment right now the way that the policy works is I have to go to my boss and say hey I'm really suffering badly from insomnia nobody wants to have to do that if you're performing and you're doing your job well your supervisor knows that right right we don't I don't think that people should have to disclose this because they don't have to disclose taking a Xanax or in some case like a serious opioid or some other um mind or enhancing you know calming drug or some sort of but but but you do for for the marijuana so I would like for employee morale for people to just feel safe that they don't and I would I would like as I mean this just says that we're going to recognize it as medicine I don't even think we should test for it but that's just up to me and if we do recognize it as medicine will we continue to test for it Mara so to the chair through the chair uh we do have uh bargaining agreements where there are lists of scheduled drugs that we do test for and some of them are scheduled drugs that are controlled substances and some of them are illegal drugs so unless we were to change the bargaining agreements we would be testing for all of the drugs that are listed in the bargaining agreements most people who test for marijuana and test positive and they um Good employees and the the the director and the union and the employee have a desire to um make sure that the employee continues employment because they're good employee we do a last chance agreement everyone hits reset understands there's a drug-free workplace we help the employee if they have a substance abuse problem and we continue from that point most people who do a last chance agreement because they have uh a drug or an alcohol problem that has been identified through some method whether it's through they have said they have a problem or whether it's through testing we most people come off of their last chance agreement with no problem okay kind I'm just gonna so with this policy in place should an employee of the city of May beach test positive for marijuana and they have a card and it and prescription there will be no last chance there will be no discussions we are going to and and they keep their privacy right this is not going to be public information correct as as the policy is written right now now mhm um the employ it's not if you have a medical marijuana card you're you're free to test positive you would have to get an accommodation so it's not Anonymous you you have I'm proposing is what is what is be what was before um the policy as it's written right now would require someone to come to HR and get an accommodation and we would be able to determine whether that employee could stay in their current position we currently would not allow someone someone that's operating heavy equipment there's a lot of positions that we would not allow someone to maintain uh continue to do their their current job and be using marijuana because the big problem right now is the testing so someone that has marijuana in their system it stays in your system can stay in your system to up to 30 days so I can't tell if someone tests positive whether they smoked pot they took a gummy they they took some type of marijuana 15 minutes ago or 15 days ago can't tell so for that reason we have no way of telling when we do test someone even if it's in the middle of the day whether they're under the influence or not it's not like alcohol where you blow into a breath lizer and I can tell that you are impaired there's no way of telling that we're told that in the very near future there's going to be a swab test that will narrow that window way down it's not going to be as a as as narrow as a alcohol breathalizer test but there're it's going to be much narrower but right now it's 30 days so that's the problem we have when someone tests positive we have no way of telling whether they're impaired or not so yeah that you're kind of expressing my concern I mean we'll we'll vote as a body to see what we want to do I'm I'm not I'm not there part of it is also it's it's a slippery slope as I think commissioner is saying she even prefers no testing I'm not I'm not on that same page I also look at it from where we are as a city right we had legislation that I believe it was commissioner Fernandez who brought forward that I was I think I co-sponsored about moving just not employees but Citywide that it's not a civil citation anymore uh marijuana right it's now uh it's a criminal we criminalized it so I I just think this is personally I just think it's the wrong direction for our city to go in so that's why I pulled it and that's why I'll be a no vote today we're ready to follow whatever Direction This commission wants to go I'm just telling you that's kind of the way the policy is drafted currently Mara am I correct that that's currently you would still have to come to HR to get a an accommodation correct and we accommodate in every case that we can possibly accommodate even if it means having them do a different function we just don't want to put someone in a position where they're doing a life a safety sensitive position and could possibly be under the influence just call the vote sure commissioner the vote the vote is to adopt this policy to allow for anybody who has a prescription okay so if you have cancer and you work in the city of mayami beach you're not going to be stigmatized you can come and disclose that you have this prescription so when you test positive nothing bad happens to you and you don't get put on the scary what was that don't last chance agreement last chance yeah whatever that is the last chance list or last chance what agreement the last chance agreement and I think that's fair that's why I started this policy in the first place because we had an employee with cancer and I think the compassionate thing to do is if you have an illness and you need medical marijuana that the city of Mii Beach is going to accommodate you and not put you on a in a last chance agreement and that follows State policy um hopefully I think soon at some point uh National policy you know and and and I and people who are going to get the card already know that there's going to be a public record of them getting that prescription card you can Pro that's I don't know if it's public record no because it's I don't know well I mean well you would have to disclose it disclose it to Marla but she will be smiling and kind and say okay there is no last chance agreement you can uh take your medicine as needed so this is vice May if I can this is how we heard it in firk where is essentially you do have to go to HR for the accommodations not a just blanket waiver that is correct and is there any car out for safety sensitive positions so the resolution ends with provide appropriate limited accommodations for employees in safety sensitive positions parenthesis which may consist of light duty a change of Duties and or leave and so it's an acknowledgement in the resolution that safety sensitive may not look like everyone else so we're not going to have a one- size fits all approach we can't okay so I have a motion by commissioner Gonzalez but no second yet is anybody going to Second my motion for compassionate use of marijuana as long as you disclose it as a medicine medical marijuana there's no second second okay thank you commissioner Dominguez that's very compassionate and kind of you so no other discussion all all in favor please say I any opposed I'm an now I'm know as well so no from mayor Miner no from commissioner Fernandez and no from commissioner Suarez item passes okay let's call uh r9a and r9b board and committee appointments yes sir so Kay is here so everyone on the Das has a yellow yellow sheet and they have their their pad on top of it mayor there's I need dire mayor uh we have only two contested races would you like to do those first or would you prefer doing can we just do by acclamation all them that are not contested we could do that so let's do that and and for all those it's basically one seat one opening we could do that so the two that are that are contested if you first go to page three of your yellow sheet it is the design review board there is one seat that is for an architect registered in the United States or a professional practicing in the field of architecture or architectural design it is category one there is one vacant seat there are two nominees the first nominee is Charles Benson who is nominated by commissioner Suarez and the second nominee is Adam meshberg who is nominated by vice mayor bot so you would have to select either Mr Benson or Mr meshberg and and vote on your pad and I'll announce it I'll getk for so this this item requires a simple majority I'm just going to read them in the order I have them here commissioner Suarez is voting for Mr Benson commissioner Fernandez Mr Benson commissioner bot vice mayor bot Mr meshberg commissioner Christen Rosen Gonzalez Mr Benson commissioner Dominguez Mr meshberg commissioner magazine Mr Benson and mayor B minor Mr Benson so Mr Benson having the majority 5-2 is appointed to set position thank you everyone our next contested race is on page nine of your of your uh yellow sheet is for the planning board it is it is category one one seat is available is architect registered in the State of Florida or a member of The Faculty of a School of Architecture in the state with practical or academic experience in the field of design planning historic preservation or his history of architecture or a landscape architect registered in the state of of Florida we a professional practicing the fields of architecture or Urban Design the first candidate is Matthew Gano requested uh nominated by vice mayor bot the second uh individual the second nominee is Keith marks uh nominated by commissioner magazine so we have Mr Gan Mr Marx this is a simple majority so please vote for one Mr attorney if I may through the vice mayor thank you um so we have two candidates and I had requested of one of the candidates to obtain an opinion from the Miami day County Commission on ethics and public trust having to do on any potential or to determine whether any potential conflicts of interest exist or not exist have we received or has the uh individual received a response from the commission on ethics well we we actually had some concerns regarding section 112. 313 paren seven of the Florida Statutes so we submitted a request for an Ethics opinion uh at the end of last week to the Florida Commission on ethics okay and so I have we received an opinion or a response to that we have not yet no okay and by when do we anticipate a response um I don't I don't know exactly I imagine it'll be a couple of weeks okay Mr Mayor I would like to suggest that we defer disappointment until we get the opinion back from the commission on ethics uh because you know a lot of this you know has to do with ethics a lot of this has to do with questions of whether someone has a conflict of interest or not and uh and I want to make sure that we get the proper guidance uh before we make an important vote such as this one this is by far our most important board and so I would like to propose deferring it before do have do we have a sensus to when that opinion is going to come in I'm sorry if you said I'm sorry I I would ask Nick if he has any better idea I think a couple of weeks at a minimum and Mr Mayor I don't know but I can I can ask them uh approximately how how long it would take them yeah I think to go a person short and and then the question is whether it even impacts the vote well commissioner and if I could under the code existing board members whose terms ended at the end of 2024 can continue to serve for 60 days uh or until successor is appointed so um March 1st March 1st March Yeah March 1 got it yeah commissioner Suarez thank you Mr Mayor I think um the gentleman that uh Mr Fernandez or commissioner Fernandez is pointing to is Matthew ganof um I think just reading the room uh I'd like to see where the votes go first um because the other candidate Keith marks has no conflicts of interest so uh let's see if Keith has votes if not then I guess we can wait for the opinion Mr Mayor I feel like I'm left out of all this I'm sorry does my motion to defer go first pres well we'll turn to Rick for [Music] that the motion to defer the item would have priority correct you made a motion yes made a motion was there a second C can I just I mean commissioner magazine I don't know what we're talking about here I I feel like I I am the one out in the dark that does anybody want to I think everyone's trying to be very sensitive I feel like I'm out of the loop here well I'll tell you I'll tell you what's in my mind I think I I think that that some concerns that are worth considering have been raised uh about about an an individual that serves on the planning board and I think it I think we should get uh clarity as to whether a conflict of interest exists or not the conflict of interest arises because the individual uh works at the Miami Design preservation League that's where the question arises from and so and and so I just want to make sure before we vote that we know whether or not a conflict of interest exists if if a conflict of interest exists it's going to determine my vote very clearly if a conflict of interest does not exist it's it's different um because I don't what I don't want to create is a perception that someone is ultimately let's say removed from the planning board because they've been a dissenting Vote or because they've they've advocated for things that you know that advocated for Resident positions that others perhaps might not willing to to to to advocate for my vote is is going to be heavily based on the on that opinion and that's where I don't think we lose anything uh by giving this a few weeks um to to allow the uh Commission on ethics to render their opinion so that we have the right information before us to render this vote well um guess anybody want to second that what are we second a deferral I'll second and wck that takes precedence yes now you need to vote on the deferral let's do it so all in favor of deferring this item to the February 26 meeting is that correct have to you might have to roll call to I'm sorry you might have to roll call roll call roll call it but it's February 26 correct assuming that's when we get well we don't know if we're going to have an Ethics opinion right but in other words not before I will put it on February 6 we can decide at that point so uh I'm going to do a roll call on this item if if if allowed yes commissioner bot yes commissioner Dominguez no commissioner Fernandez yes commissioner Rosen Gonzalez yes commissioner magazine no commissioner Suarez no mayor Miner no motion to defer fails so if that's the case then you have in front of you the pads if you could uh write down who you're voting for it is a simple majority so I'm going to read them as I have them in my hand in my hand commissioner SARS votes for Mr Marks commissioner bot for Mr ganof commissioner Dominguez for Mr Marks mayor Miner for Mr Marx commissioner magazine Mr Marx commissioner Rosen Gonzalez for Mr ganof and commissioner Fernandez for Mr Marx so Mr Marks having the majority of the votes is appointed okay take a moment Mr we have no other appointments as we have done the Rest by acclamation commissioner magazine um I know it serves as little constellation uh Matt I applaud you for your advocacy your engagement in the city I think the world of you is a person nothing personal here um I think the world of you is a father who I see every morning taking your daughters uh to the same school as my daughter as a family person and I'll do anything I can to find other ways to get you involved in the city um but I applaud you for the work that you've done the time commitment and uh whether I agree with your decisions not agree um I know you want a better Miami Beach and that just oozes out of you so thank you for your service yeah it's it's uh it's it's interesting when we have these volunteer positions and people give up out their own time and then you have a situation like this that almost became probably not in a public setting but to us as electeds who have to vote it was like a mini election happening in our city I was looking I was waiting for the yard signs to start popping up uh all over the place but um but but it shows you the importance of these committees that people not just the individuals Matt and and Keith who was just allow congratulations uh Keith and everyone all the all the individuals who were we didn't mention their names but by acclamation but it shows you the importance of these committees and the planning boards and your input that such attention was paid by neighborhoods and reaching out to us and advocating their positions and also the people who volunteer their time which is tremendous that you do that Mr Mayor I would like to vice mayor bot and then commissioner Fernandez um Keith congratulations I know you will serve honor honorably I know you have the best interest of the city at heart and that's never been a doubt I will congratulate you Matthew because I like having somebody who stirs the pot in any group discussion I think it makes for better decision making whether or not your point is carried um but for raising the issues they would not get addressed whether it's you on the planning board whether it's me here sometimes or commissioner Rosen Gonzalez or any one of us we all take our turns and I I applaud you for that and I hope that even though you're not still on the planning board in an official capacity you won't ever stop doing that commissioner Fernandez and then commissioner Dominguez yes and thank you Mr Mayor and I just want to highlight the fact that I tremendously admire the dissenting voice uh that uh that Matthew has uh has frequently raised uh the planning board uh and his focus on uh on Transportation issues um given the question that had Arisen about ethics and and conflicts of of interest for me it was very important to have an opinion before voting for for um for Matthew um and that's why I really wanted to defer this vote until we had an opinion uh so that so that I could make a decision knowing okay if I vote for either one of them no conflict exists or one has a conflict and the other one doesn't have a conflict but in absence of that I need to side uh side with um with the Public's trust and uh and while I very much value the contrib utions that Matthew has made as a strong dissenting voice on the planning board I also recognize the great work that uh Keith can do representing our community as well uh so I thank you both for the work that you guys do I too wanted to acknowledge uh Matthew galanov uh you've given so much of your time to our city for advocacy you care and it's not just about the bikes and pedestrian but every little look in our city I know that you carefully gave good votes on the planning board and you voted your conscience and um we had conversations Offline that this was really complicated this one really took a turn but I hope you stay involved because we need voices like you and thank you for all of your contributions okay so we're done with the appointments yes ma'am where's there what are we calling next okay we have uh r5a and I know then we're going to call the traffic Meridian traffic item r7d we be after that but r5a let's we that was open and continued from this morning correct mayor so r5a we started it at 10:13 a.m. we're continuing it now I don't need to read the title but just for the record it is a public hearing the item requires 57s vote is r5a commissioner Suarez thank you Mr Mayor okay um before I begin I'd love to read this email that I got into the record I believe everyone received this email as well um and it really crystallizes the issue uh that I'm trying to address this came from the resident who spoke earlier Yanik aachi dear Commissioners and mayor I hope this message finds you well my name is Yan giai and my family and I have been a proud Miami Beach residents for nearly 15 years all five of my children were born here and we cherish the community we call home I'm currently building a house on 1265 North biscane Road due to Rising water levels and the high cost of of land I Enlisted the services of a world-renowned architect designer Mr Arthur sharf yoden to create a home with an under story this element of the design necessitated NE necessitated a design review aboard approval we first presented our project at the drb October meeting out of the seven board members only four were present requiring a unanimous approval the vote seemed to be leaning to in favor one uncertain and one opposed leading to a rejection it is possible that with a full panel of seven members we might have received a majority of votes to pass we attempted to reapply for the November meeting but the submission deadline fell just 5 days after the October meeting making it impossible for us to revise the plans in such short notice our architect had a conflict for the December meeting so we applied for the January meeting which took place this morning upon arriving at 9:00 a.m. with a full team two lawyers two representatives from the design firm and one architect an effort that cost nearly $5,000 we were informed that only three drb members were present failing to form a corm consequently our hearing was postponed to February on top of these direct costs each month of delay results in substantial caring cost totaling roughly $30,000 when factoring bring in interest rates real estate taxes and insurance I would like to acknowledge and thank the three drb members who were in attendance they graciously allowed to present informly and provide constructive constructive feedback their comments indicated support for our revised plans suggesting that if all seven members had been present we likely would have been secured an approval while I recognize and appreciate that drb members are volunteers dedicating their time to serve our city it is extremely frustrating and financially burdensome to only discover the meeting would not proceed once we were already there this situation is also unfair to the members who do show up as they effectively spend their time without being able to take official action or reach a formal conclusion moreover the repeated issue of not having all seven members in attendance compounds the problem by sometimes requiring a unanimous approval I respectfully request that you consider ways to improve the drb proc process to ensure consistent attendance clear communication and fair opportunities for residents and business owners so um with that I want to bring up my slideshow PJ if you can put it up so uh sign review of underst stories uh next slide please so I went around town and I looked at a lot of the houses that didn't have to go to the design review board and as a right you can build um on a burm uh like we like I mentioned on the first reading in order if you were to build a house on a burm which is basically like a mound of dirt you don't have to go to the drb and as you can see in this photo that there's I think a two to 4T El elevation difference and so when it rains it's going to flood the front public soil and it's going to flood the historic uh property on the right now next slide yeah just a couple more that really show the difference and elevation between these homes and and and by the way the homes are that you know are are are are historic to to a large extent they're being threatened by these homes on the uh that are built on a burm next slide H okay next side please here's a video of a neighbor that sent me from a retaining wall of a house that was built on a BM where when it rains it literally floods into their uh into their property and everything was done to code next slide okay so we we you know commissioner Rosen Gonzalez asked for a survey uh we sent a survey there were about I think 50 people 16 responded uh which I think comes out to like 33% which for all intents of purposes is actually a good number for a response rate considering most of our responses are like less than 10% um on some of these surveys um but uh like I mentioned on on yanic uh prolonged delays High Financial costs burden on participants unfair approval process uh and we really need to improve the build permit process one of the things that that everyone here knows I I don't need to beat a dead horse is that we have a building process permit process that's very cumbersome and one of the issues that certainly gets in the way of an understory is having to not only get approval for this but now have to fight for for for the for the board to have quor um and and by the way the only reason I found out about yanic was because I just happened to be at City Hall and I was walking outside uh and I saw a group of people out there and I asked them like hey you know what what's going on and um and they said yeah the we couldn't make quum at the drb and I'm and I I the first thing I said was underst stories and and he said yeah um and and I walked into the chambers and and lo and behold there were only three members there so next slide please okay so when we have this system in place we really restrict uh the best resilient designs so a blocks resilient design adop adoption um you know the underst story is by far and our planning director can can attest this the superior home for uh Miami Beach a Barrier Island um it's very subjective to a board um when you build a home on a burm you don't have to go through the same sub itive uh review process okay um and more importantly it really undermines the city sustainability goals you know like I said before at the first meeting we had two 100-year storms back to back and I was pulling out Tarpon on Alton Road with my son and putting them back in the bay and that you know I plenty of homeowners have told me that that it never really flooded this badad until the house next door was built and now I flood every time there's a rain event next slide please okay uh like I mentioned before there's a significant burden on on on homeowners that want to go through this process to to seek a a more resilient home uh there's caring cost there's Insurance there's architectural fees attorney fees um and and and not only that but there's there's an element of uncertainty uh and that really discourages this uh the design of of frankly a much better home to be built on Miami Beach for generations to come next slide didn't so hold on if you could pause this I I want to I want to tee this up um one of the homeowners sent this to me anonymously um and and and I I want everyone to to really hear the the tone of voice in this and the they didn't tell you their name they did uh oh yeah you know who it is yes okay okay um but to put into context uh what you're going to hear is that this person is going through construction and the person on the phone is basically saying that um if you don't have this thing moved because of my view or we're afraid that you might hit my dock I'm going to come in to your hearing at the drb and oppose your project and this is this just highlights a weaponization of of this drb process so if you can play it now PJ I'm doing a SE law are en coaching on my property they're way too near to my do bar within my repairing rights I want that gge moves if there's any damage to my seaw wall or any damage to I doct you better believe I will show up at that meeting and I will object to your VAR so again just to just just put it into context this was about a seaw wall that's being built which is everyone needs a new seaw wall uh and this neighbor is basically saying if you don't move this barge I'm going to come and show up to your meeting to to stifle you on on something completely different which is the underst stories and I'm sure this happens all the time uh but here we actually have a voice recording of it next slide please okay so like I said we had a survey and what was interesting about this is you know did you the question is was this process Justified did it help make a better home or a better design obviously the majority said no and then five really said they're not sure and then only one person said yes and I think that's pretty I I I think that's important to note um that this process didn't really help uh and so I'm really glad that commissioner Gonzalez asked for the survey because it was it was very enlightening to see what the results were go next slide please okay so pause it real quick well I I uh I made I didn't make but I I hired a designer to make this video we'll explore to yeah so I I helped with the script this gives a a really good representation for those who are watching on on what happens when uh it floods so if you can play it now PJ please welcome to Miami Beach where the beauty of coastal living meets the challenges of nature today we'll explore two Innovative home construction methods designed for Barrier Islands building on stilts versus building on an elevated BM let's dive into the details barrier islands are unique environments but they're also at high risk for hurricanes Storm surges and flooding choosing the right construction method is crucial for resilience and sustainability building on a burm involves elevating the home on a man-made Hill this method provides protection from flooding while creating a stable Foundation however berm construction has its drawbacks berms cause significant alteration of the natural landscape it has high costs associated with engineering and maintaining the burm most importantly BMS have potential to disrupt local water drainage patterns leading to flooding in adjacent areas on the other hand hand homes built on stilts are elevated to allow flood waters to pass underneath reducing the risk of water damage this method minimizes ground disturbance helping preserve the natural flow of water and maintaining the local ecosystem the understory can be designed to serve as storage parking or Recreation space with sustainable features like solar panels and rainwater harvesting stilled homes can significantly reduce their environmental footprint by choosing sustainable construction methods we protect not only our homes but also the delicate ecosystems of barrier islands thanks PJ if you can go the next slide please how much more I know um I we can I think look look you made the point and I'll have Tom Moone PJ you could you can um you put I see you put a lot of effort I'm not sure but it's also important for the community to understand uh you know what what we're doing here and I think having this visual really gives a good representation of that um and so Tom if you can go over some of the uh finer nuances and some of the uh concessions we made uh as far as height um that' be great and I I may want to plug in a few more holes sure um PJ if you could put up the slides that I had sent you last week um these are I'm going to show the commission three slides that were included in your agenda package so these are part of what was included uh with the commission memorandum the first slide uh basically shows what you can do as of right under the current code and these are what we call conventional homes uh on a burm and these do not require design review War approval in the rs1 and rs2 District you can currently go up to a maximum height of 28 ft as measured from uh base flood elevation plus maximum freeboard and that pretty much shows what the maximum height would be and then in the RS3 and RS4 districts you can go up to 24 feet um again measured from uh base flood elevation plus maximum free board as well as the the maximum yard elevation that that is permitted and the reason I think these are important is because what they show is that with a burm home you can get slightly more Flor to ceiling space than if you did a similar height on an understory home and PJ if you can go to the next slide so this is what the understory homes would look like in comparison right now if you were to limit an under story home to 24 feet in the RS3 and RS4 districts it would limit significantly the amount of uh Florida steing Florida Florida ceiling space you could have on the upper floors with an 9ot understory um it doesn't give you a lot of room to design not just a livable livable interior space but more importantly what this doesn't show is it doesn't show any requirements for plumbing for HVAC for electrical and it also assumes that you're going to be doing a concrete slab some people might propose a truss system which would potentially further reduce the amount of interior floor to floor space the 28t option shows what is being proposed under the code which provides more room to be able to accommodate the living space that would be needed on the on the habitable floors and then if you can go to the last one PJ what this shows is the comparison of what you could do in an rs1 and rs2 district and we also included RS3 lots that are over 18,000 Square F feet because those are more akin to rs1 and rs2 lots again with a 28t height you do get a little bit more room for floor to ceiling space but um the thing to keep in mind with the rs1 and rs2 districts and larger RS3 Lots is that these are very very big estate lots that can accommodate a much larger home without having the same context issues and so by going to 31 feet as proposed you are allowing for uh more latitude with regard to the um habitable floors and PJ you can take the these off um with regard to the updated ordinance as the as the board is aware this ordinance was approved at first reading on November 20th the um ordinance that was approved at first reading included two minor tweaks one was to include property owner information in the required posting for any understory homes that were going to be approved administratively and it also included a revision to allow for drb approval uh for additional height uh in RS4 and RS3 districts in case they wanted to go above 28 ft the city commission also um requested that a survey be conducted and and the results are summarized uh in the commission memorandum and they were alluded to as as part of the previous PowerPoint presentation and the um commission also referred the item to the land use and sustainability committee for additional discussion prior to Second reading the committee discussed the item at their December 17th meeting meeting and although the vote was a tie they did recommend that there um be a minimum height in the understory area in other words they wanted an additional three feet to be specific to the understory area in order to address that comment um the sponsor has proposed the following additional changes to the Ordinance one that a 9ot minimum height requirement be required for the understory area in response to the land committee's recommendation that an additional 3 ft of height be available for the understory that understory homes with a slope roof regardless of Building height um be required to go to the designer review board or the historic preservation board as applicable number three that a height exception of up to 12 in for rooftop insulation that is needed for drainage on flat roofs um be permitted number four that the uh design review or HPB review of additional uh build height above the limits set forth in the regulations would be required um this would take away the need to get a variance and would ensure that any requested increases in height regardless of whether it's an rs1 rs2 RS three Rs four lot would require design review board approval um and so with that um we are recommending uh adoption of the ordinance with those changes which have been incorporated into the ordinance for second reading the last minor change that I wanted to mention is that um we're recommending that the applicability section the date of the applicability section be moved from October 29th to December 10th of 2024 um and Tom you mentioned one thing that's very important I I want everyone to be aware of if if you have a pitched roof correct with and for RS one and R rs1 and rs2 what is the maximum height for a pitch roof currently um that would be 31 ft correct 31 ft and so with this it wouldn't exceed 31 ft I or it would be 31 ft would be the would be the the right so in RS one and rs2 there is no increase in height as a right correct okay um same thing for RS3 and RS4 so right now if you wanted to build a home on a BM with a pitched roof and and you wanted to have an underst story you're not going to exceed that house that has a pitched roof with the highest F so there is really no change in the maximum height that's as of a right and I think that's important to to Really to to Really note that um yeah that's and and can can you also just for the public I I know this this might be regurgitating for for a lot of us up here can you go over the process that and and and and just delve a little bit into how what what are the standards that that the planning department has set forth for this it's not just a check in a box it it goes through a very R rigorous review process that's correct we have two sets of standards that would be applicable to un understory homes one would be the uh criteria uh in chapter 7 under the single family development regulations that are applied to any home that is proposed to be uh reviewed administratively that doesn't require drb approval and this criteria looks at things such as neighborhood context the architectural design of the home how it fits within its settings then there's a second set of criteria that is specific to understory homes and this is to ensure that understory homes uh don't look like a home on stills but rather a home that was properly designed designed to fit within the scale and context of its immediate area and there's a number of criteria that must be met with regard to the under story things like uh sofits things like um the materials that are used in the understory area um increased open space and so all these things would have to be looked at very carefully to ensure that they're met and also just to give a little backstory when when the drb was first cre created it was explicit to not cover single family homes is that correct and if you can go over where how did we end up where we are today sure the when the drb was was um um when when the drb was created in the late 1980s um and full disclosure I wasn't with the city in the late 1980s um the um a single family homes were expressly exemp from drb review because the design review board was set up to review multifamily and Commercial projects and it stayed that way until the early 2000s when the commission at the time wanted to begin to incentivize the retention of pre-1 1942 homes and in order to do that the uh City commission it was uh around 2001 created a single family residential review panel that consisted of three members One Was An Architect two were citizens at large and they met in a much more casual manner than the more formal process of our land use boards and that single family residential review panel was created to review new construction that was associated with a proposal to demolish a pre 42 architecturally significant home there was no prohibition on the demolition of the pr42 home just a requirement that this panel review the replacement construction and as a backup because the single family residential review panel was struggling to make Quorum month after month the city commission then amended the code to allow the drb to be the backup if the single family residential review panel could not achieve Quorum and then after about a year what we found is that people said I just would rather go to the drb because this panel um can never seem to have a quorum and I have no idea when I can have my new home reviewed and then that's how how the design review board kind of fell into reviewing single family homes but they essentially had to use the same process that was used for commercial and multif family projects okay anybody else want to be heard yes commissioner Dominguez thank you um thank you mayor and thank you commissioner Suarez um I know that the drb process and many processes with the city in general can be quite painful uh which is what has led us uh to this but I still feel that the drb review and approval is a necessary step um I did a deep dive on uh Mound homes and underst stories a burm can actually be on either an understory home or aound uh home and uh with the understo it's so much more imposing uh structure that having the neighborhoods notified and input is quite clear um the commissioner read an email and when I got that same email I did a dive into that and so I'll read the answer I received the design this person proposed was not at all compatible with the neighborhood the home as designed would have been imposing and overbearing not to mention aesthetically unpleasing that is why the project had to come back another time um so having the input of the drb I think is still very important also the mound homes are equally resilient as the understory home I spoke to the city Administration and civil engineers and they both gave the homes that are mound homes a vote of confidence and and the majority of the new builds that are being built that way um are solid and sustainable and the video that was shown could have been a one-off maybe that burm was built in correctly could have been a problem um as an aside but that's not the norm uh is still a sustainable solution or we wouldn't have it in our ldr codes but a mound home is a lot less imposing than an underst story I agree with what um Fred Carlton said earlier though maybe the characterizations of who's on the drb the definitions um needs to be looked at by the Commission in the future so that we're getting um more Architects designers and people with that type of knowledge so that's something that we can review but I still think the drb review is important yes Mr R Mr Mayor yeah public hearing uh yep please come up Mr Mayor if if I I just want to make sure on the record but Tom is a home with an understory significantly more um better than a house on a burm in our experience and in our opinion yes on a Barrier Island uh the typology using an understory is far superior to to a burm home particularly in the long term and why is that because what it allows the home to do is be substantially elevated above not just current minimum flood elevation plus freeboard but it provides a layer of protection against catastrophic storm surge that is far Su far superior to a burm home and allows that protection to be done in a more natural way would you say that we're altering flood plane elevations by having homes built on a burm yes uh particularly when you have multiple homes over time built on a bur which could affect which in effect could affect our insurance rates for flooding potentially yes understood so the planning director you are on the record saying that a home built on an understory or stilts is superior to a home built on a yes thank you um before we start I Haven been sworn in do I need to be sworn in no sir this is a this is a legislative matter what I promise to tell the whole truth you don't need to be SW thank you for that uh I'm Peter Lauria I live on the sunset Islands first let me thank mayor minor for moving this item to 5:00 p.m so that residents like myself could attend I'm here to request you vote against this proposed ordinance I recognize it's a delicate Balancing Act for you between res resiliency preservation climate change sea level rise the environment and reasonable development but I think you need to be more concerned about the quality of life of our residents and listen more to us than to the developers neighbors should have input on what gets built next to to them and in their neighborhoods don't take it away from the design review board otherwise they won't the drb reviews reviews design details including materials context compatibility Landscaping including tree protection and retention construction site plans and lead certification this ordinance would fundamentally weaken the public process for the review of new construction single family homes that contain an story in Miami Beach it contains a substantial height increase to new family homes from 4 to 7 feet more than currently allowed without drb review this ordinant has only been exposed to a very limited number of residents at the planning board and the land use committee the planning board passed a favorable recommendation by the slimmest majority four to three while the land use committee consisting of four Commissioners in including commissioner Suarez its sponsor gave it an unfavorable recommendation Miami Beach United was so divided I don't mean to be a poet that they couldn't agree on a recommendation this should be of course a cause of concern to this commission it has been discussed in three forums that would normally expect to be supportive and yet it didn't get that support and regrettably there have been no meetings to educate and engage residents in conclusion the drb serves an important purpose it provides for transparency those homes that go before it for review are more compatible with the neighborhood and better design than those that don't most importantly this ordinance doesn't have the support it should therefore I urge you to vote against it thank you okay hi mayor commission Daniel Calo with Miami Design preservation League I also got my start in advocacy uh going to design review board meetings and I I know even the commissioner sponsor had a similar thing with public hearings it's so important in this city what sets us apart is it input of the community the resident's right to know Mr Mayor I think you were on the commission last time when this came before a couple years ago and again um some folks were trying to remove the neighborhood review and thank goodness the commission kept it in place we hope you will uh consider this because it's so important for the people that live in single family neighborhoods they're also living the American dream just like the ones that just bought the properties next door or the developers flipping the homes left and right we all have to live in the community and if you watch some of the drb hearings you will see it's an opportunity for the public to be heard that's all it's meant to be a neighbor sometimes these homes next to them could be under construction for literally 10 years so I would hope that we could get enough support to vote this particular item down but with the recognition that we all need to sit at the table with developers with residents make this process a lot more streamlined because we all agree it could be better but don't throw it out if this passes I believe it would probably be the biggest silencing of residents that and I've been here about 14 years coming to this as just like Barbara cman was in the 1970s you could look at the videos although the the carpet was a red velvet at the time so the office looks a lot better but I will tell you that this is something the residents uh will be weakened by not strengthened by and so I really hope you could take this uh seriously I'm sorry because every meeting there are new slides and information that we can't fact check all I could say is this about residents rights please protect them thank you [Applause] hi hi I'm D.A finger I'm a resident Miami Beach you've heard from me before so I won't go to rehash anything I've said before but just in terms of kind of maybe responding a little bit to kind of Daniel's perspective here um I think there there likely are some neighbors and residents that can come to a drb meeting with some constructive criticism however a lot of these people are working and have jobs and are doing they're doing what they need to do to make a living and then there are a lot of people that will come to these meetings with an act to grind and that's their whole purpose for being there and that was my experience I think I I told you last time that my neighbor came and literally held me hijack hijacked me my my for for years and it turned out that this neighbor had stolen a SL deliver of my property so how can we have a process here that allows for this to happen it is just completely unfair I know some people said that they spent hundreds of thousands of dollars I think I'm probably approaching the million dollar Mark if not more in redesign and holdovers and Architectural fees and construction fees and carry costs and the price of construction going up on me over this period of 2019 was my first drb Mee think and so I'm just here to say that this process needs to be fixed the drb has a has a place but listen this you just can't do this to Residents you just can't I don't have that much time to keep going through this again and again for my own reasons but it's just simply not fair so I respect your position but I I disagree right so thank you very much I appreciate Robert Robert Brown 130001 Southwest 77th Avenue I think it's a fact that as the water rises buildings are going to get a little taller especially one and twostory buildings there's no avoiding that the lady that um commissioner Suarez played the recording of that is actually the person who you guys are always protecting and they should have the right to say say that and they can't hold anybody hostage they may be able to convince somebody that they're holding them hostage but the board overrules that the board ignores that they see they see when somebody has an agenda outside and that's why they're there for to control not only the developers but those who would stand in their way without good reason regarding the Overflow in in March durm is having a higher level review of all water retention on all properties and it's people have to do major engineering even on single family houses so that problem which I thought was long vanished because it's been I'm an architect it's been 10 years since I've been allowed to let anything move off the property I was working on but the review is about to get much more intense um regarding the difficulty of the drb uh there's few there's no element of the building process that a developer would think adds value it's just one of the things you have to do to protect others that are affected thank you our next public speaker is Paula Paula unmute yourself please state your name address and you have two minutes yes hi my name is Paula Allen um 345 Ocean Drive I've been listening to this and I always and it's the same same story like every time for the last you know 15 years whatever I've been listening when people buy a piece of property or a building they buy it kn exactly what the codes regulations limits are but every single time they ask for more more and more and more so we're going to go from 28 to 31 then the next people buy one and say well I want more and where does it end because it's been going for decades this way so my always is before I buy something I know my limits and then if I'm going to H expensive Architects and them they should also know the limits they should design something within the limits to me that's very logical I'm not all about let me go buy something and then Force what I want onto the rest of the world so there you go that's what I got to say about it and I see it so much in the city of Miami Beach and it's just outright ridiculous I don't know any of the parties involved but you know what like if if I had a house and then the neighbor come he wants up eight8 feet more than me then the next person comes they want more 8et over everybody else then before you know we got you know 12 story tall houses in neighborhoods so that's that so we either have rules for a reason or we don't thank thank you very much is there anyone else here in the audience who wishes to speak and please approach the podium hi I'm Sarah letic and I'm actually speaking just as a um a a citizen of Miami beach but um one of the things that's and I I really fully agree with you that we do need to start really taking sea level rise seriously and I think that maybe the under stories are an important factor in terms of our architecture but it's really important that they uh pass a design review because that's street level architecture that street level construction and to look into somebody's open garage or carport basically is what it is and when you're walking in the street and it's not very attractive it's not something that I think the people in the community really want to do there's several apartment buildings that were built back in the I would say probably in the 70s in Miami Beach where they have this ground level parking and then the apartment building starts above it um over on you know where you start finishing Causeway and they really are hideous when you walk past him because you're looking at all of the pipes and all of the you know all of the uh underbelly of the apartment building and it's at street level so design is really important and the other thing is that uh we were talking about when the drb really started kicking into action in terms of single family homes and I kept wondering why is it there's so many God aful houses on uh Hibiscus Island and also on Palm Island uh that replaced you know some really beautiful historic homes back in the 1990s and now I know why because they didn't have to pass the design review board and I mean there are people in the neighborhood that they just go I can't believe I have to live next door to this thing it's such a monstrosity so we need to really review our architecture in Miami Beach and not throw it out with the uh bathwater as they say say the baby with a bath water we do need to fix our drb I mean I totally agree with you David that to have three people show up and then have to postpone another month and another month we've got to fix that you know we've got although a commissioner sitting here right now and we've got a full you know Quorum why is it that the drb is consistently letting people down you know when they come in for their reviews we've got to fix that so that's basically what I have to say let's keep in mind our our neighborhood and our residence but ALS and how beautiful the designs can be especially you know what the drb does for us they're they're there for a reason but let's fix them all right thank you thank [Applause] you uh good evening my name is Glenn Boer um I think there is actually an incentive in place and the incentive from what I'm hearing today is to build the less viable product because you do not have to go through the process the the city has codified how to proceed with a BM home and how to proceed with a with anory home and it is incentivizing people to build the UN the BM Homes at the exclusion of well-designed understory homes because the process is as difficult as we've heard I think that homes that I've heard conversations about or or uh presentations being uh spoken about having to review materials and landscape and all those things is that would that not also be true for for the burm homes um and then to my I guess the last point is looking at these diagrams that that Tom worked up I mean we're really talking about very di minimist numbers at this point I I mentioned this morning that the new code requirement for homes was elevated another foot as of January 1st that the finished floor elevation of the ground floor is 10 feet up from 9 feet so they're they're now again a foot closer together and I would just recommend that uh you listen to the planning staff and to Tom and and and really heed their recommendations as I think they have always um served the city tremendously well thank you hi I'm Janette Dorfman and I think most of you got emails from me today I uh live in the historic Nautilus neighborhood and um lucky for me I you know the drb has added um protective measures and kept my neighborhood mostly intact um so I have um had a favorable experience with the drb um my heart goes out to people that I I mean I hear the horror stories about people not showing up to the drb meetings and having to go through all this you know horrible process and I understand and I agree that there need to be some revisions made um but I don't I agree with Sarah's point that let's not do away with the drb's protection of single family homes and in in her words not throw away the baby with the bath water um um so I don't support this measure to do away with the drb review of single family homes and I do support revisions for drb and that's it I made it under almost a minute thank you our next speaker is yanic aach do you have two minutes and please state your name hello my name is I am a resident of Miami Beach I live in be point okay yanic did you spoke it earlier this morning correct I did okay let me go to the next one commission it's the commission's call no yeah no I appreciate you calling back in but it's the same item so we're we're sticking to everyone who's commented I mean we got it we we we remembered from this morning next please hi Fred Carlton 1800 bir Avenue come on come on Fred I'll give you one minute take look we don't deliver the mail by horse and buggy anymore we have to CH we have constant change in this city and unfortunately sea level rise is important to continue to go to a board that doesn't show up that costs thousands and thousands of dollars to go before and to Daniel's point of view to have a a meeting I don't I don't know how how this works with him because what are you gonna have hundreds of hundreds of homeowners meeting with with activists who want to have a say in you know what they're doing I just think this is really unattainable we have a lot of rules and regulations in place for the that the planning board has to go by and to be honest with you it's it's just such a burden on the residents to to have to go before this board for something like this planning board is more than more than uh capable of handling this and we really we really need need to move on thank you okay I think that's the is that the end of public comment no oh come on up you get to speak twice now I'm kidding I'll take advantage of it for the record my name is Ira Giller I'm a Miami Beach architect my residence is at 4535 North Meridian and I was here before Tom and I can attest to the original design review board because the idea started in my office with my father Norman Giller and that's how it got established in the late 80s and it came about because we went through a period of building in the late 60s and the 70s we started to get some pretty ugly buildings Sarah mentioned the examples of the apartment buildings with the open underst story um we were getting basic boxes uh developers were not applying any design um any design in their efforts it was just build build build we're we're now in another era where we're getting replacement of our housing stock and our housing stock is on the cusp of a new era we're facing the reality that in the next 20 25 years a good part of the housing stock in Miami Beach is going to be replaced because of climate change because of rising tides and the need to elevate the the structures the question before you today really is do we want to do it on an ad hoc basis or do we want to do it on a planned basis the design review board was created to be that device that brought about uh recognition of the need for design Miami Beach in the 70s did not have a world-class reputation for architecture but think about the last 50 years of where we've gone during the period of of design review that has helped bring about what we've got we're looking at houses today that need a lot more creativity that creativity is going to come about by going through the design review process and that's what I urge you to stick with today and reject the proposal I would also say as to fixing the design review board the original design review board had two architects two Engineers landscape architect the core the majority were professionals and that's what's needed to get back on the on the land use boards that's what's missing and that will be make this process go a lot smoother I urge you to do that as well thank you [Applause] any other is there anyone else uh on Zoom no anybody else in person want to speak okay see you all right you get to well thank you very much good to see all of you again um and of course have been thinking a lot oh sorry Sarah Giller Nelson um I am a resident a business owner a mom I'm third generation raising generation number four I'm also the chair of the drb and I have uh witnessed hundreds of different projects before the drb during my tenure there um I've been to about 46 different meetings so I've been thinking a lot about this process and um what this ordinance means and doesn't mean and I've really distilled it down to and also what a lot of the people are saying of course I take you know everything all the comments um very seriously as I'm such an active part in this process so at its for this ordinance is about the quality of life and the quality of our lives here on Miami Beach the point of the perming process both the design review HPB process as well as the permanent process in building in general is to create resilient safe livable structures that maintain the Beloved character of our neighborhoods at the land use committee uh meeting they attended last or I guess yeah last month there were quite a few residents who got up and spoke about how important it is to maintain the character of their neighborhood I to am a single family homeowner and this is one of the reasons why I decided to volunteer with the drb now in order to really understand the character of a neighborhood you have to understand the context you have to understand compatibility you have to understand how people are living it's interesting that um the planning director mentioned this discussion of context because I remember very clearly during the land use meeting that we had when he was asked does the criteria that staff look at does it take context into to account and he said unequivocally no that they do not look at context elevations that they are focused singularly on what is on the property they're not taking into account issues of the neighbors with privacy quality of life the impact that this new project is going to have on um property values on any of those things and how could they because they're not in an open Forum they're they don't have residents just sort of dropping by to air their Grievances and air their concerns as a member of the Dr before I attend a meetings I go into the neighborhoods and I look at these buildings and I look at the plans and I see how the context is going to affect these properties that's not something that we should be asking our staff to do and yet it is this context which really makes the difference again one of the big complaints that we've been getting about the burm homes is that they flow in they don't keep the water on site and they flow into the properties of the adjacent neighbors well that's because context has hasn't been taken into account like the drb you never get those comments you never get the criticisms about the understory homes every single understory home that exists in Miami Beach today was reviewed by the drb you could attribute the success to that to that part of the process so the land new sports contribute something very very important to the process it's worth waiting for and in terms of the residents the other really important thing about the drb the other unique thing is that it does create a public forum where can I have some extra time considering yes um we have we are there to hear the rational concerns of the residents and the overwhelming majority of the residents who come in and air their concerns are very very normal concerns that they have looked at the plans and they've looked at their home and said I don't want this man's bedroom window looking over the pool where my children play they all I don't want the light coming in this is a very important part of the process that is not replicated the drb also gives an opportunity to applicants who might not agree with what staff says the opportunity to appeal and there have been many many occasions where applicants where the drb has disagreed with staff recommendations saving applicants lots of money um on their Renovations the drb ensures transparency and compatibility and in terms of efficiency which I know is a big argument that's being made that it slows down the process and I have had many conversations with a number of different members of the planning staff already they've begun looking into ways to streamline the permitting process as a whole remember the drb is just one small part of the permitting process um in fact there is a uh an employee in the building department whose job is slowly to uh assess the efficiency of the permitting process so already we have in place Al alternative means of creating efficiencies within this process they're maed to make to promote resiliency and make the permanent process more efficient that do not eliminate government transparency and the public good I looked into this and there are about 5,000 single family homes in the city of Miami Beach now my question two is 20 more seconds yes my question two is why hasn't there been more Outreach why did the survey only get filled out by 16 people two of whom were Property Owners why hasn't there been a public meeting like there is for the traffic coming on 41st Street or the 72nd Street Community Center or the pin Tree Drive roundabout why has there not been enough notice why have we not gotten more residents involved in this issue that is going to affect them so dramatically even the item is listed in a way that is all legal EAS that it's very hard to tell what this is really about I'm very very concerned that this entire process was not as transparent for someone who has very actively ently rallied for transparency it's a bit shocking to me that there's not enough opportunities for residents to be survey as well so because of the important contribution that the drb gives in terms of transparency and the public good I urge you to vote no on this issue thank you very [Applause] much vice mayor bot thank you um I'm really distressed to hear that we didn't meet Quorum a couple of times with the drb I think that's frankly unconscionable and I think that needs to be addressed post taste um I also think that there should you know yesterday we should start looking at how do we manage our fee structure so that if you are a regular Joe building or renovating a home it's one fee structure and if you're a professional developer buying for $20 million and flipping for multiples of that it's a different free structure because the workload is very different but here's those are just reactions to things I've heard today here's here's my fundamental concern and it's twofold one is I will always be in favor of giving residents the right to make their voices heard that's that's foundational to Miami Beach United that's why I joined Miami Beach United it's what I represent it's what I represent as an elected official there is never a bad time to hear from residents now there are definitely going to be cases with people who are jerks who have unfound claims who are saying absolute nonsense and it is incumbent on the board and the staff of that landuse board to manage that process you can't come up here and say whatever you want that is just not okay that being said the Crux of the matter to me is is this we need to find a way to encourage people to find more resilient to BU build more resilient homes more easily without jumping through hoops we do it with the burm houses I'm not sold that BM houses are as great as um under story homes underst stories are definitely in my view from my limited knowledge on the matter better so if that is our goal if we are really trying to incentivize people building under story homes with a small um level of harassment and oversight if you will why are we not making them Equitable to the burm houses because that way if you're really saying I'm doing this for the resiliency then be my guest you we have very clear codes you follow the codes you proceed if you are building something because you want to get a third or fourth level you want to have an under uh an understory that is basically outdoor living space to the the tune of 10 ft that is something that goes to to to drb we need to make sure that if we want to incentivize under story buildings with reasonable resiliency goals resiliency goals not more space under air not more space for four cars not more space for you know having an outdoor kitchen underneath you know the building for True resilience let's make it as easy as possible and not require drb within a very prescribed set of of parameters anything more that you want to have we're happy to have the conversation come talk to us so if if you will to the to the sponsor if you will accept that I would be willing to to a agree with it otherwise I'm a hard no um um what exactly are you requesting to have the limitations for burm houses and under story houses be the same so they can both go without needing to go to drv no okay can I ask a question what would that do so that for the people who are claiming they're trying to build an understory home for resilience purpose but they're actually getting 10t of understory and 12 feet of this and 10t above that they're getting a significant amount of height if they want to just um build an understory home which provides at least as much if not more resilience than a burm housee because you've got um the water flows through it's not running down it's it's done differently you don't need as much height you can go through without drb approval now if you want to build an understory home with 10 ft under story and 14 ft with 12 feet interior then you need to go to drb but if you're if you want truly to build an understory home for resilience purposes alone have at it vice mayor um we missed the last the first drb meeting of the year was missed in fact the chair couldn't even come to the first drb meeting of the year and that's where I met yanic so so like please like we we we've consistently had Quorum issues on this process and you know short of of of of uh of forcing or or handcuffing drb members to the deis to be there this is going to be a a a process where human error unfortunately happens and so if if we have continued Quorum issues are we do we really want to stifle like single family home development on the beach I mean times did that happen just so we can get it clear and didn't the planning department change the date and that's without asking availability of the members let's be fair here yeah the the the date was actually changed last summer I believe it was July August July a exploring idea correct and we confirmed it with I believe two of the members and the reason that we changed that was to accommodate uh the planning Board review of projects to make that more efficient because there four land us okay we don't have to go through this but how many times did it happen how many times where there's no Quorum the last three years three times and there's also been times three times in the last how many year and there's also been times where there weren't adequate numbers of members so and and that's where I'm having sorry no please please I almost feel like I'm having a hard time bifurcating the two right I I don't want this whatever happened in the past year with the drb to cloud my judgment for this process going forward but I watch every single land use meeting and even the three that didn't have Quorum there were two or three others I I believe specifically over the summer where they might have only had four members and even when they had Quorum they were cancel you know ending the meeting early and not trying to you know cast blame or things like that but I'm having a hard time separating okay let's not throw the baby out with the bath water just because there was some processes there but it's it's very difficult for me to sit here and I see all those projects people carrying single family homes that they're trying to build for their families uh be so delayed I guess can I just keep rambling on for myself okay um I think I look at this and there's compelling arguments made on each side Mr luu I I remember I was campaigning I I sat In Your Den when we first met and I just took in this world wealth of knowledge that I remember to this day I don't even know if you remember but uh you know I uh I I cherished every moment of that because you were just a wealth of knowledge and I align with you where it's this isn't easy cusing a problem but then also just fundamentally maybe I'm oversimplifying things but I'm saying if we want to be a resilient City we should be providing incentives to build the most resilient City possible um I have on my phone I don't know if I could share it or even if people would want to see uh it was June 13th I was handing out if we can yeah I'll just show real quick um PJ if you could I was handing out sandbags after a rainstorm in Collins Park and this lady came up in tears and said please deliver you know have sandbags uh help me load in my car and she was so distressed I actually took her in my golf cart with as many sandbag as we could over to our home on Alton Road and her entire home her entire backyard was just completely flooded and she said both of her neighbors buildt up on BMS and I don't know PJ are we able to roll this yeah right here I'll I was and and in the next video I promis her I go I will put you in front with the planning department and see what the heck happened and essentially they were able to build their homes up on BMS without this process and this process actually incen them to do so and this is what resulted in her home right she's lived there for 20 years and the two homes on each side of her buildt up on burms and caused her home to flood worse than I've ever seen her life was destroyed her life was devastated so I'm sitting here saying any behavior is going to be a result of the incentives that is provided so we should be incentivizing people to build as resilient homes as possible that not only affect the resiliency of their homes but as we see in this affect the resiliency of their neighbors as well right she had no say in them building up on a burm but she was certainly impacted by it so again maybe I'm being very Elementary in this thinking but I'm sitting here saying well we need to establish a process to provides incentives to go forward with the best project possible the most resilient project possible and right now I think those incentives are perverse where and it's clear when we showed the data last meeting about the people that are going forward with the burms because they don't have to go through the drb process and I think our incentives and the behavior that we're essentially pushing forward is misaligned nice may bot I mean that is precisely why I'm suggesting that we offer the same incentives to those who want to do understory Homes at the same height constraints as as burm homes because then they can go right through they don't have to they don't have to go to drb they don't have to do anything they just have to do whatever normal planning and permitting process is now if you want to do something and make a fancier home um and you have desires Beyond just the resilience factor which is fine there's no reason to not do that that's fine but you have to then go through the the um drb process and by the way if you do it for a $5 million house the fees would be different from say a $25 million house right so they're not currently but we could make that happen so we could we could make this work better than it works now but if anybody's claiming that they can't get an understory home home because um you have to go through drb let's give them the opportunity to go through as if they were an a burm home with the same configuration and the same numbers so they can build a resilient home no questions asked if this passes and that amendment is not included um I'd be happy to explore that with you in the future uh I'd be hard to commit to that now because I'm still trying to rectify how that would work in my head um but vice mayor if this passes be happy to kind of explore what that would look like um like not that I have it the ability to commit because I'm not the sponsor but I'd be happy to explore that uh that methodology yeah M yeah thank you Mr Mayor yeah um look that's that's something worth exploring I think we can bif forgate the issue uh we can pass this today and I'm certainly open to exploring what you referred to the land use committee I sit on the land use committee with you commissioner bot and I'd be very open to a robust and rigorous debate on the subject I'm gonna just go look down here anybody want to speak commissioner Fernandez commissioner Rosa Gonzalez I would like to hear from you Mr Mayor how do you feel about this I was going to ask you the same question rock paper scissors actually I had a question for we're going to keep turning it no um I originally had a lot of concerns about this idea this is one of those where I'm kind of like I hear somebody speak I'm like oh yeah that's right and then I hear the other person Speak oh the other side oh that's right um the the concern the concern I have is the process and what what's what's happened here is I like the fact that we have the drb process but I think everyone's admitting even even even the chair of the drb that it needs to be tweaked and the problem is and maybe we're partly at fault for allowing it to get to this point point but when when it hit it hits a road a point where it got to the extreme then you're going to have legislation that forces our hand like commissioner T has has proposed and there's some good reasons for it as well um I am I'm I'm persuaded by you are taking a definite position on this Tom actually that's what I want to ask Eric what your position is as well I want to make sure you're aligned you know this is a policy call but you have you're pretty unequivocal Tom on your on on your thoughts on this and obviously we work closely and I value your judgment so I signed the memo the memo is in favor of the item the purpose behind us being in favor of the item is to try to incentivize people to move forward with some of these new resilient Concepts it's not the BM home homes are bad we're not demonizing burm homes they have their benefits they have their drawbacks just like these understory homes have their benefits have their drawbacks but we need to move the city of Miami Beach forward and we need to find ways to incentivize people to do that that's why we recommend it in favor your turn commissioner Rose Gonzalez I'd like to hear from commissioner Fernandez too I would I'd like to hear what everybody has to say I I know well but you don't want to speak well we could just call the vote call it I need a motion Ros Gonzalez how many votes does this need five votes five five five so I'm apt to support what Tanya said which is like if you want the understand story you get the under story but if you want additional whatever what what are we talking about in terms of height Tom it's actually two feet now right because they've they've recently increased the elevation by one foot well the the the height that's used for base flood elevation uh as Glenn had mentioned is likely going to be increasing our current requirement for minimum base flood elevation plus freeboard is BFE plus one but in a burm home most people are going well above that and so in terms of the actual height the actual height is set by the drb when understory homes are submitted so the drb could potentially approve up to 31 feet in an RS3 or RS4 District what we're recommending is that the height be limited to 28 ft and RS3 and RS4 and rs1 and rs2 theyd be permitted to do up to 31 so as of right now the burm home is going to be treated like an under story no the BM home will be treated just like it is now and that how many feet that height limit is 24 feet measured from base flood elevation plus maximum free board in the RS3 and RS4 districts and uh 208 ft in the rs1 and rs2 districts why is a burm home 24 feet and an understory home 30 28 and because the reason for that is because understory homes are also measured from Bas flood elevation plus maximum freeboard and that maximum freeboard is going to be lower than um the first floor of the home and so they lose floor to ceiling space and the lower you make the understory area while you could increase potentially the floor to ceiling space above you're going to make that understory space uh a less resilient moving forward by having a 9 foot under story space you're allowing for that minimum yard elevation to potentially raise over time should the street elevation raise if I could add just one piece of information to what Tom just said because I think it helps to characterize it the most resilient home is going to be the home with the highest finished floor elevation and so the the understory home utilizes that space underneath for parking but in order to get the parking underneath you typically have to push it up above what we would normally allow for the measurement of the start of that first finished floor and so you would normally get base flood plus one to 5 feet if we put a number on it base flood is 10 plus 5 15 fet is the highest you can go without it starting to eat into your overall height calculation by saying that you can have a 9 foot freeboard a 9 foot under story that's basically saying that you're talking about instead of having 15 feet you're now going to 18 feet before you start measuring it's still the same height calculation of the building you're just starting to measure measure it at a higher elevation which is what makes it more resilient if that makes any sense commissioner magazine where I'm at with the I guess friendly amendment being offered I know my eyes and I looked out into the audience I see a lot of people you put it very eloquently you put it very eloquently using words that six months ago I didn't know existed but everybody's eyes are sitting there looking like oh okay complicated stuff right um I'd be uncomfortable doing something on the Fly Right with this uh but I'd also be committed to if there is an amendment to explore that that we do so uh kind of in a more robust and wholesome fashion that's just what I'm commissioner Rosa Gonzalez um apart from single family homes what properties what projects I don't really watch the drb hearings I have to be honest Sarah I wish I did more and I wish I had time I've been there for single family homes before but are other projects coming before the drb what are what the the agenda is comprised of what mostly it's probably comprised I would say mostly of commercial and multif family which was the original intend of the drb and that's what their main objective Is So within all of our commercial and multif family districts any new construction or substantial additions to a property including public property uh are required to get approval from the design review board okay so for example a burm home was built next door to mine right I no longer have Wi-Fi access I mean it didn't go before the drb it was horrific but it was allowed and at first I like I mean when I see the scale of the homes it makes me feel sick because I see the scale of my house compared to the house built next door and it kind of ruined it ruined my property to some extent now so it bothers me that the burm doesn't have to go in front of drb but that you know the the understory does so that to me doesn't make any sense but that said at the same time I do want residents to have some sort of vehicle so that if there is some complaint or there is some discrepancy or something they can also have the right to a public heing so there has to be some sort of hybrid where the underst story and the BMS okay they can have administrative review but if there's some sort of comp maybe every maybe whatever's approved administratively if there is some discrepancy we get a list each month and the commission votes on it that way people get a public hearing I would say that that how many of these applications are you getting per month we have we have three pendings so three okay so if there is so I would say that we can move forward with this and the amendment has to be that each month we get a list of the applications and if a resident is having a serious issue with what's going to be built next to them they can um they get a public hearing if somebody requests a public hearing we have a platform and that's it as of right under stories don't have to go to what I would say because then if there's nonsense and shenanigans going on here obviously this board is having none of those nonsense and Shen anig against so I think the way that we find the absolute right compromise is that this just came to me right now is that that both neither home neither one has to go to drb for approval because that is what is fair and encourages resiliency but if any neighbor um in the process has some issue with a home that was approved um administratively the the people next door are going to get some sort of a notice correct the propos proposal includes a posting of the property um that would include information for the property owner um and um the architectural team so there's an informational posting but it doesn't carry with it any type of appellant Rights okay so and that's what that's what needs to be able to happen as part of this process is that you won't have to go to drb but there has to be a a public hearing if there is some some sort of appeal notice an appeal I think that's fair Mr Mayor that way everybody's happy if you're building the [Music] home I mean we have to be a we have to find some sort of a compromise I agree with both sides I'm trying everybody shaking their head no which kind of means it's a good compromise you see what I mean Mr because that way a residents get a fair appeal and you know right now you can build whatever BM home you want and I have to say I wish I had an understory built next to me because that way I wouldn't have this 15 it must be at least 15 feet higher solid Mound next to my home that I can't get Wi-Fi on I can't you know there's no Breeze that goes through it at least if it were an underst story I would have some sort of a some sort of Airway I I'm just trying I'm I I can only speak to my my experience um and I could be incorrect maybe if I had an underst story I still wouldn't have Wi-Fi Mr Mayor anyway um the point is I want people to have a public hearing I think what's fair is fair and everything should be treat treated equally and how can we just get the hearing vice mayor bot and commissioner Suarez and let's try to wrap it up oh and then commissioner Fernandez want well how many votes does this need five five okay with all due respect I I love the idea of trying to find a compromise because that's what makes things better but I think the very last group of people qualified in this entire city to make decisions on private homes is us sitting here yeah I I think it's I think it's really dangerous from a politics president it's an election year um people will try everything to to Curry favor not you guys running for office but people will try to get in front of you and you know not you specifically but it it just I just think it sets it up for a disaster and I know that I mean anyone who's ever been in my office will know that my singular tastes are not to everybody's taste so I yeah so I I just I I love the idea of trying to make sure people get a fair shake and a fair hearing I just think that's having people come to the commission for that is the absolute wrong place to go U vice mayor bot are you V thank you uh thank you Mr Mayor look I I again you know the biggest issue the reason I'm here by the way is because I knocked on Diva's door okay this isn't developer funded okay I funded my own campaign I don't I I don't owe anyone any favors I'm not doing this for a contribution okay I'm doing this because it's the right thing to do for our future okay uh you know commissioner Gonzalez look when unfortunately when you said set up a process where you can just have a neighbor hold you up because they don't like you or they have an axe to grind or they want a settlement okay uh then you creating a process unfortunately that is uh burdensome to to to a a resilient home and so again the the problem is that human error also with with the the the quum and and the drb process it's a it's a human it's unfortunately a human error when it goes to the planning board or not planning board but through the planning department you make sure you're you're consistent with the design you're not building Cinderella's castle or a cake in a neighborhood if that was the case then you'd have to go to the DRP right now right now we have homes being built on BMS no one's complaining about them and they work just fine people want to live here they want to invest in Miami Beach they want to bring their families here because that that's this is a great place to live the moment you start putting these barriers of subjective reviews in front of in front of people where you know who who knows if someone on on the drb is friends with that neighbor that just doesn't like that person you know I I don't want to have a situation where where that happens and you know I know diva is the most extreme example where he's been held up for five years and almost a million dollar it's clear Ian I I don't know if did you hear that video where where that woman said basically if you don't do this I'm going to show up to your meeting and and and reject what you want to do even though it had nothing to do with what he's doing you know that's that's that's insane and look look uh I'm not going to be open to any friendly amendments on this I I've we've we've discussed this at nauseum I know we we've talked there's mention of like there's neighborhood associations half half the planning board is is the head of their neighborhood association okay this is we've had a special land use meeting on this subject and so uh there there's been plenty of rigorous debate on this so look uh let's just see where the votes fall and and we'll move on let's call the vote hey I just want to remind you too that my name is Rosen Gonzalez and you keep changing it I'm gonna call you commissioner David commissioner whatever I want commissioner Rosen Gonzalez Rosen Gonzalez I know it's an odd name but it's mine I own it it's been there my whole life I don't know what to tell you so address me by my name please and by the way I I I admire the fact that you are out there knocking on doors that's exactly what I did I think as you knocked on doors people told you right away I knocked on doors too I do I do agree that there it's odd that there's a discrepancy um between the way the homes are handled that said I am 100% in favor of main if if this passes today this drb I am in favor I do not think that the drb needs to be further attacked because it's some it is a protection that we have as Miami Beach and I'm afraid that given the fact that you um had a derogatory um acronym and name that was really unnecessary for the drb that this public hearing process in the future might be somehow compromised so that's all I would like to say I don't think that I do think that the drb is essential to the city of Miami Beach and I don't I don't think and I don't think that it's what did you call it what did you call the drb commissioner David well commissioner Rosen Gonzalez uh delay restrict and burden what delay restrict and pardon burden and burden okay so I don't want it is the our design review board I'm very proud of it that said I don't think there should be a discrepancy between a burm and a under story um yeah and I think we should recognize the the uh the system has set in place and and I I certainly appreciate the efforts I know Sarah you're here from the drb and the chair so I I'll give you a shout out I know you you and I've had other conversations with you mostly not even about this you put your heart and soul into this so um I certainly want to commend our residents who who do this of their own time to make our city uh better Tom let me you and I have dealt with a couple of buildings there houses I I refer to them as buildings because neighbors complained how high they were and they do to the naked eye they do look extremely high um but you always came back and you gave well thought out and reasoned uh responses within the code why um it's allowed because residents said this can't be allowed no those process went through drb correct correct what it would do you think in any way this process if this passes today would change that um I think that it will make it better for the residents but it's not going to result in higher homes the reason that you're seeing higher homes is because older homes that were built most of our older homes were built in the 20s 30s 40s throughout the 1950s a lot of those are slab on grade some of them might be elevated two to three feet but For Better or For Worse they're all well below current baset elevation and certainly well below what we are trying to establish as the next level for resiliency and so any new home is going to be taller than a neighboring home that was that was built at a much lower elevation um the other thing that's important to point out and we've talked about this is that oftentimes neighbors are reacting to Raw construction when the previous home is demolished and they begin to build the concrete structure once a home is completed and the stco is put on and the finishes are put on and the Landscaping is installed and I think most importantly the Landscaping matures the homes even at the much higher elevations begin to blend in and form a better contextual relationship and so I think that you'll continue to see that and our staff will certainly as we do now in D drb preapplication meetings go through a very extensive discussion with the project architect um regarding the criteria on the code uh it's just something we'll be doing administratively and not bringing to a board okay should we call the vote I have motion but I I don't have a second yet uh commissioner Dominguez asked to speak just one last thing so with um what I worry about here is what commissioner Rosen Gonzalez was saying earlier that okay neighbors will be notified and then what there is no hearing that's the biggest flaw and that's concerning I need a second second the motion the motion the motion to approve the ordinance I have a motion by commissioner Suarez I don't have a second at this time second may I call the RO let's call the role vice mayor bot no commissioner Dominguez no commissioner Suarez yes commissioner magazine yes commissioner Rosen Gonzalez commissioner Fernandez yes mayor Miner yes motion passes the item is approved r5a let's go to r7d r7d is a public hearing proceed with traffic calming measures on Meridian Avenue 42nd Street to 47th Street r7d we have a motion in a second let's call the roll I'm sorry I didn't hear the second who called the second David Suarez commissioner Suarez it is a public hearing give me one sec to see if I find anyone there's no one in in I'm sorry I got knocked out give me one second I have one person uh that is on Zoom requesting to speak John Josh seek are you here to speak on r7d yes I am okay go ahead sir uh mayor and Commissioners my name is Josh samic I'm a homeowner on Meridian Avenue 4454 North Meridian Avenue lived in Nautilus for about 10 years during those 10 years the traffic problems on Meridian have gotten worse and worse and threatened the safety of the families on Meridian and the students at Nautilus middle school as you see from the city manager's memo a traffic study was done that found that speeding is occurring on Meridian and highlighting the need for traffic calming measures in connection with the 2022 uh General obligation Bond project traffic calming was done on virtually all other streets in Nautilus but not on Meridian the traffic calming on Meridian was blocked by a small group of residents who did not want the traffic cic measures to abut their property the 2022 traffic caling measures worked everywhere else in Meridian but have actually worsened the traffic on Meridian by effectively funneling Nautilus traffic to Meridian to avoid the traffic calming measures that are elsewhere in the neighborhood due to County regulations the city has effectively let a small group of homeowners threaten the life safety of residents of Meridian and and their children by preventing the installation of traffic calming measures this mayor and commission have championed the safety of Miami Beach residents and found workarounds where necessary to prioritize resident safety yet every day a small group of homeowners have made it unsafe for the residents of Meridian to back out of their driveways ride their bikes or walk their dogs beyond the residents of Meridian this street is traversed daily by middle school students at Nautilus who walk to and from school I encourage you to ad adopt the recom recommendation of the public safety and neighborhood quality of life Committee in favor of traffic cing on Meridian and if necessary petition the county to override the objections of these small group of homeowners thank you thank you there is no other person requesting to speak public hearing is closed I have a motion in a second commissioner Fernandez moved it oh wait oh sorry sorry sorry I didn't hear it okay so um I actually live in the stretch of Meridian um this as difficult as it was to listen to the complaints about the drb um that this is even more um I don't I don't know the word but um close to home not even literally um no I um I have to say that awkward I think awkward is the right word um I just found out about this measure recently I live on this stretch in fact that was my neighbor um and I respectfully disagree as do a lot of uh neighbors that I know on the street um it's very awkward because I'm one of the people that he was just criticizing um so I would just like to say oops um um I would just like to say that maybe this issue should be discussed a little bit further and to give us time to look that over because Meridian Avenue is not a very heavily trafficked street thank you and the things that are being proposed um there was an indication that there was speeding South of 44th Court and yet they're proposing two speed humps that are north of 44th Court which I'm a little bit confused about so thank you very much just for the record state your name again oh sorry Sarah Giller Nelson 4500 North Maran Avenue we have uh speaker Michael bur uh I'm sorry Bernstein that's correct Michael Bernstein um a homeowner living on 47th Street just east of Alton Road in the na neighborhood I was intimately involved with the original complete Street plan that was put in and implemented and funded by the city in the Nautilus neighborhood that included numerous speed tables and a couple of roundabouts and also the green uh the green uh bike paths which narrow streets and lowering the speed limit from 30 to 25 um I would have to say given that I have a speed table right in front of my house that uh these traffic in measures have worked phenomenally well and um and as as Mr samic had pointed out earlier um Meridian Avenue was supposed to get speed tables as well but given the rules and the way this can be unilaterally shot down basically if a speed table if the speed table is within your property line in the street if you understand what I'm saying you have the ability any one resident has the ability to say no thank thank you um I think that is not a real appropriate way to go about doing this because this is a life safety issue which apparently as Mr samic said that the Studies have shown that there is speeding going down that street um I personally had tried to advocate for this probably eight years ago after speaking to one of the homeowners on Meridian Avenue and them telling me there's not a speeding problem I actually turned around and said thank you very much started to walk away I got out to the street two cars went by side by side going at least 50 miles an hour dragging down the street so I'm like okay I guess there's no speeding problem on Meridian but I mean look it's I I respect uh you know Sarah's Sarah's opinion um and I certainly respect Josh's opinion I I personally believe that there there needs to be some traffic calming measures put in on Meridian I see the cars going I I walk my dog there Saturday just to again see it again and there were multiple cars going well over 30 m hour down Meridian up meridian so that's all I I fully support traffic caling measures thank you no one else in the audience no one in Zoom call the vote all in favor of r7d please signal by saying I I I any opposed and commissioner far as is here got it so 70 the item is approved there um so in the interest of time let's there was some consent agenda items they were addendum so um we call them after five unless they're I think they're probably not controversial it's just a matter of but let's call them C4 aw C4 aw is improved cleanliness at 17th Street Parking Garage requested by commissioner magazine is a sponsor c78 W I think it was Suarez uh C aw is I'm sorry mayor C7 aw is sponsored by commissioner magazine okay C4 aw oh C4 got it sorry so C4 aw is a referral to land use land use board notice and attendance requirements just for the record these items were not pulled but they were in the amended in the correct not pulled they were addendum so they're called I I call them after five I'll second the item okay okay we do this by acclamation so so yes we well let it's referred by acclamation that's fine okay let's go down the list C4 ax C4 ax referral to land use expand Parks and Recreation to include Sunday classes requested by commissioner bot um so this is an item to expand our um amazing parks and wck facility offerings to kids who can't otherwise take advantage of class on Saturdays because of um religious obligations so it's not every single program that we offer but it's the four most popular ones and I'd like to refer this to land use second you moved it I moved it second and by commissioner Fernandez all in favor I the item is referred 70 I see commissioner Suarez got okay yes C C4 a y C4 ay is a referral to finance economic resiliency committee interlocal agreement with North Bay Village extending Miami Beach Trolley route it is commissioner sar's item I second this item and I'd like to join as a co-sponsor because I've been working on this with the mayor as well I'd like to get on that train as well and I'll get on that trolley too so Bot Magazine oh it's getting late and Fernandez uh this is item C uh C4 a y all in favor please say I I no hearing no NOS item passes referred 70 C4 a z C4 a z is is a referral to Public Safety neighborhood quality of life committee named the the pal building in honor of uh officer martinu have a motion and a second uh on the referral on C4 uh AZ all in favor please say I I I it is approved 70 the item is referred C4 a z a little bit different item not a referral c7a y C7 ay uh approve Jonathan Hall settlement I'll move the item a second hold on for a second so commissioner Fernandez second by commissioner Dominguez C7 a y all in favor please say I I approved 70 C7 a y which want we didn't it's just it's called R5 AA [Laughter] this I wish we had that positive reaction on every item I called R5 AA is an or of mayor City Commission of the city of Mii Beach Florida amending chapter 62 of the Cota city of b beach human relations by amending Article 2 entitled discrimination by amending section 6235 thereof entitled membership to amend the human rights Committee Member term limits and providing for repeal or sh ability qualification and effective rate commissioner Fernandez thank you Mr Mayor as you know sometimes it's hard to get good qualified and caring individuals to Ser on these committees and in this case is to be able to extend the term limit by two years for an individual that has demonstrated to make positive contributions to the committee so with that I move my item second just call the vote it is a public hearing I see no one on zoom and no one in the audience uh motion by commissioner Fernandez seconded by uh commissioner Dominguez commissioner Suarez yes commissioner magazine yes commissioner Dominguez yes vice mayor bot yes commissioner Fernandez commissioner Fernandez Alex yes commissioner Rosa Gonzalez mayor Miner yes thank you uh second meeting public hearing is scheduled for February 26 that was item r5a looking for a quick item R5 AC and N ad commissioner Bach will it one second please so you want me to read both of them sure got it R5 AC is in ordinance of the mayor City Commissioner City May Beach Florida amending the future land use map of the comprehensive plan by changing the future land use category pursuant to section 2.41 U of the Land Development regulations and pursuant to flor statute Section 163 3181 and Section 163 3187 by changing the future land use designation for a parcel of land located at 701 West Avenue and and which is comprised of less than 10 acres from the current designation of cd2 commercial medium intensity to Future land use category of Ros Recreation and open space providing for inclusion in the comprehensive plan transmitter repealer sh and effective date this is item R5 AC it is a second read I'm sorry it is a second reading public hearing uh and R5 a is an ordinance of the mayor and City Commissioner of city of M Beach Florida amending the official zoning District map preference in section 7.2.1 point2 entitled District map of the M Beach resiliency code person into section 2.5.1 entitled change to zoning District boundaries res zoning by changing the zoning District specification for a partial of land located at 701 West Avenue and which is comprised of less than 10 acres from the current zoning classification uh of cd2 commercial medium intensity to gu government use providing for codification repealers availability and an effective date this is a second reading public hearing this item requires 57s the prior item requires 47s I move both items both call the vote so commissioner bot moved it commissioner Dominguez second it it is a public hearing I see no one on Zoom I see no one in the audience commissioner Fernandez on both both both items yes commissioner magazine yes commissioner Dominguez yes vice mayor bot yes commissioner Suarez yes commissioner Rosa Gonzales yes mayor Miner yes both items are approved so R5 a and R5 a are approved thank you I'm going to call one last item I I understand that they've been waiting literally all day didn't know so sorry about that uh r2a yes sir r2a is award RFP 2024 274 ddfs speed detection camera systems for school zones Mr Mayor I'm going to move the uh committee's uh recommendations this was discussed at f i just going to move approval the recommendation I'll second I'm GNA Eric what say ye I I just want to make sure that we say on the record that the administration is still supportive of the recommendation we think it was a clear a clean procurement commissioner Fernand I I I've I've read the memo could you just tell me why we should start over sure um I believe uh there were how many respondents were there I believe there were four respondents there was nine nine respondents yeah and but there were issues one was found non-responsive I think uh and there were complaints uh there was two protests but no one was deemed non-responsive two protests there were two protests and then there were a few other issues were were there there was no one deemed non-responsive um my issue was with the with the amount of feedback that we got on this on this procurement the amount of concerns that we got and the amount of protests that we got that you know that was what was concerning about it uh and that's why we discussed it committee and the committee agreed that it might be better to start the process again given the amount of protests that uh that we've received on this item how many protests I believe two I don't know that Eric I'll turn to your professional judgment that doesn't seem like an outlier to get two we get protests all the time on our procurements two is more than we normally get we normally get one protest from from whoever came in right behind the number one um but I do think that there's a lot of interest around this one as you can see from nine proposers um and ultimately you know I think that there's multiple vendors in this group that are capable of delivering the service I don't have any issue if the commission wants to select a different vendor you're not bound to my recommendation I just think it's a clean it's a clean process uh so you don't have any concerns with with sending it back and redoing the the procurement if if that's the will of the body we'll go back and redo it I just didn't want there to be any any concerned that there was anything wrong with the process that was no I appreciate that and I guess we'll have to keep an eye out because I guess I wouldn't want to open the sub say Oo we have two protests we'll have a a brand new we'll have a brand new uh procurement every time but since this does seem to be an outlier then um I'm okay with it take the vote so I have a motion in a second all in favor please say I I I item r2a passes having heard no one say no mayor I have one housekeeping issue you're no so commissioner Suarez is a no is are there any other NOS so item is 61 mayor on item r5d in order to to we need a waiver of the zoning cycle if we don't get to it today to February 26 in other words allow me to bring this item back February 26 if it's not reached versus April anybody have an issue if we just call it the palm trees right r5d we could either vote and wave it or just vote on it it pass 70 last time yeah I'll second hold on so I got it's a it's an ordinance I have to read it it's an ordinance of the mayor and City Commissioner of City Mii Beach Florida this is again r5d amending chapter 4 the Mii Beach resiliency code entitled landscape requirements by amending article two entitled requirements by amending section 4.2.3 entitled minimum standards by allowing Palms to count towards minimum Street tree requirements and providing for repealers have ability qualification and an effective date it is a second reading public hearing the item requires 57 spot it is a public hearing I see no one on Zoom I see no one in the audience and I heard a motion uh commissioner Dominguez motion I commissioner sarez seconds if no discussion vice mayor bot sure commissioner magazine sure commissioner Rosa Gonzalez no commissioner Dominguez yes commissioner Fernandez commissioner Suarez yes mayor Miner yes motion carries the item is approved that was item r5d yeah is that r5c also I could do r5c next yeah it's a companion item so have to they got it they have to go together r5c is an ordance of the mayor and City Commissioner of City of Miami Beach Florida amending chapter 46 of the code of the city of Miami Beach in title environment by amending Article 2 entitled care maintenance of trees and plants by amending division 2 tree preservation and protection by amending section 46-58 entitled tree removal requirements exemptions and prohibited species to provide that an existing palm tree may be replaced with a new palm tree at the same location with no additional mitigation requirement and providing for repealer Ability qualification and effective date this is item Mar SE to Second reading public hearing I no one in Zoom no one in the audience moves by commissioner sarez I'll second Motion in a second commissioner magazine yes Vice May B yes commissioner Dominguez yes commissioner Rosa Gonzalez I just had one question before I even got to vote on it what was the difference I mean palm tree for palm tree okay but the other but this but the other one was about canopy like taking away a palm tree like can you Amy can you just tell me the difference between the two just before I vote just so that I understand because I had several emails about tree canopies and I do believe in tree canopies welcome Amy okay sorry everybody we're so close right good evening commissioner Amy nolles Chief resilience officer so this is a companion item to the other one that was just passed which was r5d um this one specifically is amending chapter 46 which requires when trees are removed that we're planting back canopy trees and that's intended to grow our canopy over time we certainly allow palm trees now we've actually seen 8,000 palm trees planted since uh 2017 so we are seeing them but they're not allowed for mitigation which means if you take down a tree uh we want you to plant back canopy um so this would allow Palms to be planted as mitigation oh okay then I'm going to vote no on this too thank you but just to be clear it's two palms for a current Palm correct um this item is for chapter 46 which got it commissioner Suarez yes commissioner Fernandez yes mayor Miner yes motion carries the item is approved that was item r5c great meeting everyone thank you good discussions meeting adjourned e for