Madam clerk, can you come? Madam clerk, you Just give us a few minutes. We should start at 656, 657. So, give us a few minutes. We have quorum. Madame
clerk, we're waiting for Madam Clerk to step in. We have a where we have aisle. He's not. All right, then. We'll just
Okay. No. Well, I'll I'll make and then Okay. Well, sometimes a keep it. All right, madam. Good evening everyone. We are about to
start our Tuesday, May 20th uh commission meeting uh 2025. Madame Clerk, can you please do the roll call? The time is 6:58. Excuse the delay. Commissioner Florimmon here.
Commissioner Jean's running late. She'll be joining us shortly. Commissioner Smith present. Commissioner Smuckler present. Commissioner Sue present. Vice Mayor J. Shernoff here. Mayor Michael Joseph here. You have quorum sir. All right.
Next item on the agenda is invocation. Pastor Abraham Rivera Leeta Life Center. Here he is. Thank you, pastor. Mr. Mayor, commissioners, let's pray. Amen. Come on. Dear heavenly father, I ask that
your presence bless, protect, and prosper the city of North Miami Beach. I ask that your blessing upon every deliberation, every decision, and every vote today and henceforth, I ask that members of this council will continue to strive to work hard and be faithful to the legacy of honor and service that our city represents. Now I pray a blessing
over the mayor, every council person and their staff. Bless them with wisdom and moral integrity as their decisions will impact thousands. Bless them with physical health and endurance to be able to serve more efficiently. Bless them with moral strength to carry this great weight of responsibility that's
entrusted to them. We invite he heaven's assistance and heaven's blessings upon these proceedings. May our government always be filled with a sense of unity and cooperation. May morality, truth, and justice be the underlying theme of all business that's conducted here. May we humbly acknowledge our need for you,
God, in all our affairs. And may we continually and constantly remember these words. In God we trust. I ask God bless this meeting. God bless the mayor. God bless the council members. God bless every participant today. God bless the city of North Miami Beach. Amen. Thank
you, pastor. Thank you. Next is pledge of allegiance. Please, please stand. I pledge algiance to the flag of the United States of America and to the republic for it stands one nation under
God indivisible with liberty and justice for all. Thank you madame clerk. Do we have any uh we're on section four requests for withdrawals, affirmments or additions? Yes. Per the request of Commissioner
Jean, item 9.3 under consent, uh, resolution 2025-51 will be deferred to a future date. What? Which one? I'm sorry. Which one? The It's item 9.3 under consent resolution number
2025-51. Okay. That will be deferred. All right. Also per the request of Commissioner Jean, item 15.3 is to be moved up and heard after consent and before the quasi judicial. Hold on. That's the traffic. And so
after after it'll be heard, it's requested to be heard after consent right before the quasi judicial. All right. And we we possibly move the quasi judicial up.
That's up to you to decide if that if you want to move it prior to that just yes we'll move what what what's that it what's that item number it's 10.1 so so 10.1 prior to the 15 to the traffic coming so there's 10.1 and also
10.2 those two prior to be moved up yeah prior to the um consent prior to the traffic to prior to the traffic right after consent those two quasi judicials first 10.1 and 10.2 And then the traffic calming. Yes. Okay. All right. 10.1 and
10.2 are both the quas judicial items. Okay. All right. Next uh comm um also per the request of commissioner Jean item 11.4 is to be heard and placed on the consent agenda. That's the beacon council. That's the Miami date beacon
council. Okay. We will also be having a presentation from the Miami Dade Beacon Council right after that. Um the tax collector which will now be item 5.2. Okay. Um um Commissioner Turnoff. Hold on.
Yeah. I'd like to remove 11.6 resolution number R 2025-66. 11.6. 11.6. Um Commissioner Sue Vice Mayor by by the way Vice Mayor Turnoff. Sorry. Your turn. Sorry. As a commission, I'd like to move legislation 9.8 to the
legis um consent agenda 9.8 to to legislation as the first one. Uh it could be the last. I mean could it it would have to be the Okay. So it'll be the first. Okay. First piece of legislation 9.1. Okay. Okay. And then um
we have uh I'd like to change the date on the res on the 9.11 from June 14 to May 21st on the resolution on the consent agenda. 9.11 to what date? Can you to May 21st? I
mean I think we have to vote on that. Yeah. All of it we have to we have to vote for. But go on. No, I'm just saying if if she wants to change the date, I think that's something we need to vote on. Yeah. Well, so then Okay. So, so, so let's just of consent
it discussion. It'll be a Well, no, let's move um let's move it into our first piece of legislation. Legislation and we'll talk we'll talk about that item there. So, we we're moving it down. All right. We're moving No, we're What's the What's
the What's the 9.11? 9.11 is going to be moved down to legislation. one of the um I think it will be the second item after the or the fir it will be the item pri it should be the item prior too. It should be the first one. All right. So that'll be the first and then your other item is going to be right after that. Yes. Thank you. And then I also want to
table 11.2 11.2 table that would be require a vote. Do you want to move it defer it? Withdraw it. Um, well, you have to that's in the Well, I could defer it then. I'd like to defer
it till the proper procurement procedures are followed and we have a competing bid. What? Well, okay. So, okay. Um, because I don't want to have to start bifrocating a lot of this stuff. So, I know you have a lot of Oh,
I know. I I don't want to b keep bifrocating. There's a lot of bifurcation. um when we get to the item you can move to to to defer it or table it, but it doesn't necessarily have to we can continue on with the agenda. The other items can be we move them around. So just for for anticipate, let's keep that
item and when we get to it, you can either move to table it or defer it. Okay. All right, madam clerk, go on. Wait, just let me make sure I understand how that works. So when we get to the item, turn the mic on. My mic is on. I'm sorry. Maybe the mic needs
I don't It's the mic. I think it's the volume. Okay. I think it's the volume. We don't have any mean We have no means to turn the volume up. This is it. Okay. Mr. Mayor, could you just teach me
if you if you go into Okay, one second. down everybody if you go into a discussion item. Well, no, it's it's a legisl it's a legis but prior to you can make a motion to table or refer I mean it's not taking away the ability. I just want to I just want to
wrap up the agenda the and then move forward to it. So it doesn't take away her ability to make the motion. I'm just trying to move on. Okay. So look so if if we wanted to table it though, would that be the way it would work? Because you'd have to table it now, wouldn't you? No, you don't have Okay. So, Madam
Clerk, can you can you read through the the changes real quick? No, I appreciate that. Thank you. Thank you. Go ahead. Also, in addition to that, the attorney's office has a clarification that needs to be done. If I may be recognized, uh there is a scrivener's error in item
10-2 that needs to be clarified. Uh namely, there are two uh phrases missing in the title. the 20 foot wide alley is missing that that will be corrected and in the whereas clauses whereas the exhibits to the alley and rights of way
being vacated are here and attached and are being added. The language was correct in the uh advertisement and the notice. However, there was a scrivener's error in uh the actual resolution that needs to be corrected. Okay, madam clerk. So now that we may
attorney to go back to Commissioner Smith's point, um the other thing is that we say table, but typically what is actually brought is a motion to uh postpone or defer to a date certain as
opposed to on the table. I mad Mr. attorney uh and through the chair if I may. Well, we did this we did this a couple months ago and instead of the outcome being what the original thought was at the time the clerk is accepting
the agenda, the outcome was well we can take a vote and I thought that the the original person was asking that they deferred it or that they tabled it or whatever, but instead when it came to the that time because we left it in
instead it was Uh, I wish I could remember what it was about, but they made the vote. It takes a vote is the point. You can take any action if you take a vote. I'm sorry. But, but just to be clear, like when we get to the item, we can we can still do the same action. So, m Where's Madame Clerk?
Oh, okay. Madam clerk. So, I just want to just move um Okay. I'm going to try to move the mo um to close up the agenda. Madame Clerk, um, do I have a motion to accept the agenda? So moved. Could you review one
more time? Okay. Can you go through the list, please, Madam Clerk, for Commissioner Smith? Okay. Can everyone hear me? I can bring it closer. Bring it. Bring it closer. Put it in your mouth. Okay. Item 9.3 under consent will be
deferred to a future date. Item 15.3 will be moved up and heard after the consent agenda and before the quasi judicial item oh my gosh item um
9.8 will be moved to legislation. Item 9.11 would also be moved to legislation. That that's prior that's the first one prior to the other one. So that's that's the first piece. Okay. Got it.
Item 11.6 has been withdrawn. We have a presentation that's going to be from the Miami date Beacon Council which will be now item 5.2 under presentations.
Okay. Okay. Do I have a motion on a second? So moved. All in favor say I. I. Any oppose? All right. Passes unanimously. Next is uh presentations. Um Darl Fernandez, tax collector. Is anybody from his office
here today? I don't think so. Okay. It must be He runs an entire county, so I don't understand. He's pretty busy. Very busy. And he's coming. He's going to be putting an office here in NB. So I'm looking forward to it. Yes. Um that being said, our next item is uh presentation is hurricane preparedness.
Beacon council. Oh, Beacon. Sorry. Beacon Council, please. Um, come on up. Next item is Beacon Council, please come on up. Thank you. I know that's more There's more than just one beacon. Councilman, why do I have this? You're taller in person. I
try to be. Thank you, mayor. Uh, honorable commissioners, we're so um um uh glad to be able to present and just share a few thoughts with you. Can can you hear me now? Okay, I'm going to try and lean into it just a little
bit. Uh mayor, honorable commissioners, glad to be here. Um my name is Rod Miller. I'm president CEO of the Miami Date Beacon Council. We've been around for about 40 years. We were founded in 1985 with the with the mission of growing jobs and private investment in Miami Date County. Over the last 40
years, we've helped to bring over 120,000 jobs, uh over work with over 1300 companies and 8.4 billion in private investment to Miami date county. Our team is you I'm the leader of the team. I'm the CEO of the Beacon Council. I've been uh in that role for
about two years. Over the last 20 years, I've led economic development agencies not only here in uh Miami, but also in Puerto Rico, in Detroit, uh in New Orleans, and have had senior roles in Phoenix and other markets. Um our team uh would the BG Council team please
stand up. So, this this is our team of dedicated leaders. Uh uh I'll just go from left to right here. We have Mr. Julio Py. We call him Mr. Miami. He's a 20-year veteran of economic development with the Beacon Council. We got Marikel Garcia who's on our business development team
who joins us after a story career as a diplomat. Uh uh we've got uh Tatiana Silva who's our chief of business development who joins us after a decade and a half at Google and senior leadership roles. We've got Dr. Paula Hopkins who is our executive vice president of of stakeholder engage
stakeholder and uh partnerships. Uh and she joins us after uh uh leading uh Pepsi here in South Florida. and we've got Scott Powell who heads up our research and strategy team. So, we're your Beacon Council team and our goal is really to uh to work much more closely uh with you here in North Miami Beach.
Uh these are some of the companies that are are members of our organization. So, we work with companies throughout the region and around the globe uh big and small. And our strategy is simple. We want to grow the economy. So, we try to grow the economy both through targeting companies that should be here in
specific sectors as well as working with existing companies. 80% of an economy's growth comes from existing companies. So, we've gone from meeting with about 150 to 200 companies a year to meeting with 330 in Miami. We want to champion Miami's growth of market. We want to invest in people. So, we know our top
asset is is people. So, we run something called the academic leaders council with all the universities and the superintendent of schools that's focused on workforce development and making sure that people have access to quality jobs. And then while we're transactional on one hand, on the other we know that we've got to champion strategic investments that are going to allow the
economy to grow. So when we think about that economic development ecosystem at the state level, they've got the heavy artillery for incentives, for marketing, etc. At the local level, at the regional level, we um we are kind of the the the top of the funnel driving deals. And at the and at the municipal level is really
where deals get done in terms of the ability to work directly with the with the companies in terms of site development. uh on the ground experience and that sort of thing. And one of the things that we've said we're going to f we we've focused on is really increasing our level of partnership with
municipalities. And so why North Miami Beach and why now? One is regional integration. Um you all have a very unique uh uh uh positioning in this marketplace and we believe that we can work with you to elevate your assets and and really position you for um for more
projects to consider North Miami Beach. uh uh we want to we believe we can support you in your messaging and marketing. What's that unique value proposition? How are you different from the other places in the region and other places around the globe? Uh business attraction at any given time we're probably working with a hundred or so companies. So uh understanding more
about this community and having a close relationship with you will allow us to better be able to pitch you uh to the companies that we work with. Business retention we as we mentioned 80% of an economy's growth is from existing companies. So we want to meet with your companies here and then enhance visibility. One of the things that we
know that we're very effective at is being able to get companies in front of you in front of you. So, as we think about North Miami Beach, there are three opportunities that really jump out. Number one is real estate activation. So, how do we unlock these key sites so that you can get scalable, sizable, not
only development, but quality job creation? One of the things that we noticed when we were doing our analysis that this market is overindexed on retail. Uh, and retail while retail is great, you want the quality jobs. So, how do we get more of the higher paying jobs in this marketplace? Uh, really leveraging the CRA to accelerate
development, quality development and and really focusing on inclusive small business. Given the demographics and the level of entrepreneurship in this community, how do we actually increase the ROI to these entrepreneurs and their investments? Uh, so far this year, we've got uh so far this year, we've got 23
projects completed representing about 1,200 jobs with an average wage of 80 86,000. When we look at last year, we did over 800 million in private investment and we're in we're on track to outdo that this year and uh and that was over 45 projects and 10,000 total
new jobs. We want to make sure that you all get the jobs that you deserve in this community for the people of this community and we we want to be your partner in that. So, how can we we we work together? Uh you know, having a champion within the administration that we can work closely with on on direct deals. So far we've been working with
Miss Mona Steam and she's been absolutely exceptional. Uh um participation in events. We've got a variety of parade shows and conferences. Uh engagement and of course developing the sites. Those are the real core pieces of the work. Uh and here you see just over the next few months some of
the engagement opportunities. These include trade shows uh globally as well as as well as domestically. Uh and uh and these also includes opportunities to engage with senior business leadership throughout the region. So, with that, I'm very honored to to present to you and would be glad to answer any
questions. I I understand that you had individual meetings with each commissioner. Um, your work speaks for itself. Um, Commissioner Smith, you have you have a thought? I just want to thank you for coming here. I want to thank you for the time on the phone. And I want to thank
you for the presentations you make downtown because I not only heard you, I not only see it, but I felt it in that room where it was international from all over the world. And they were sitting there with money just wondering where
Beacon Council felt it was the best place to invest it. And now we're excited that you're going to say North Miami Beach. Absolutely. Thank you. We're thankful for you. Thank you very much. Thank you. And all right, that being said, thank you so very Commissioner Flormont, you had a
thought. Yes. Uh, just a thought. Uh, thank you so much for the presentation. We appreciate the work you're doing. Look forward to partnering with you guys. Thank you all. Appreciate it. My my same sentiments as Commissioner um Smith and Commissioner Florand. It's it's been it was a pleasure talking to
you, talking to your staff and meeting everyone and and seeing you in Tallahassee and seeing that you're you're trying to make a difference even there as well. So, thank you. Thank you. Thank you so very much. We're incredibly honored. Thank you. All right. Next item on the agenda is hurricane preparedness
major Sandy Rodriguez. And retired Sergeant Laura Gonzalez, North. Thank you. Thank you, Vice Mayor. Oh, yeah. Just voted on it so they don't have they can leave. Can we Can we just do that after this one? Okay.
Go on. Good evening everyone. Good evening, mayor, commissioners, city staff, and all that is in attendance. Thank you for the opportunity to provide a quick for us to provide a quick overview of our city's hurricane preparedness efforts as
we head into the 2025 hurricane season. Our emergency operations center, which is located in the North Miami Beach Police Department, plays a vital role in coordinating emergency response across not only our city, but across our satellite cities as well. Today we will share the steps we have taken to ensure
our departments are ready, highlight our recent training exercises, and offer preparedness tips for our entire community. So for a quick overview, sorry, as I mentioned before, the North
Miami Beach Police Department is where our EOC is located. Um and our planning section which is uh retired Laura Gonzalez which she is part of our planning section helps coordinate various trainings and exercising preparing our city um departments as we
head into an EOC activation and their roles within the EOC. So, I want to go over some preparedness initiatives that we've done so far to prep our city officials, our senior management, directors, employees as far as what we would do in a time of
activation. I'll have Laura talk about that. Hello. Beginning in February, we began to conduct meetings and training geared toward hurricane and disaster preparedness. On March 18th, we began our hurricane preparedness and emergency management training for all city senior
management here in uh the city of North Mary Beach. On April 3rd, the police department ELC personnel had their first hurricane preparedness meeting. We reviewed police department emergency plans and checklists. Um April 30th, the city's emergency operations tabletop
exercise was conducted. It was a weather related disaster training um geared toward flash floods and that sort of weather relation, not necessarily just a hurricane because as we know the the the weather starts to, you know, get worsen
as the hurricane season comes into play and we also get other storms besides hurricanes. May 1st, uh, the city participated in Miami Date County's Department of Emergency Management hurricane exercise at the Miami Day DOC. On May 13th, we
hosted our web EOCC and crisis track trainings that were conducted by Miami Date County, which was held at the North Miami Beach Police Department. On May 28th, we are we will be holding our NB divisional ELC mock hurricane exercise. Um, and it's important to know that at
our tabletop exercise and at our hurricane mock exercise, Miami Day County officials and the Florida Division of Emergency Management, um, they had evaluators and they actually gave us a hands of applaud because they
said that we did a great job and our city's well prepared and they will also be at our mark hurricane next week. So, that that was great to hear. Um throughout the year we also conduct advanced FEMA trainings and we do this on a regular basis uh obviously to
refresh ourselves and to get anything that's new that's upcoming now in the next year. Laura, do you want any of us there when you do it the FEMA trainings on any of the times? Do if you know if you want
any of us just let us know. Oh, okay. I I I will definitely reach out. I will also um through our staff personnel we do there are trainings that are offered to city officials which I'm sure that you've probably received them through
your email you know contacts but if you don't please do reach out to us to major Rodriguez and we'll definitely make sure that you get those trainings sent to you as well. So um so you might be wondering what is webc and what are crisis track? Um these
are disaster management softwares that are used to manage and coordinate information resources during a storm. Crisis track is a comprehensive software tool used to conduct and document damage assessments after a disaster to facilitate local state and federal assistance.
um the count the state the entire state is going to crisis track and we do have many city personnel that are currently trained in crisis track and it's very important and will become very important for um us to be able to get FEMA
assistance readily and to the community as well. So both of these programs are used by local count. Oh, I already said that. I'm sorry. We have coordinated various trainings for these programs to asssure all of our city departments are well prepared for a disaster. As I said, we did some on May 13th, but we also had
some on April 29th and on um May the 5 May the 15th. Um so we are definitely prepared and we want to assure the community and the commission, mayor and commission that we're prepared to handle that those these disasters. Thank you.
You're taking it seriously. You're doing a good job. Did I talk too fast? Tips right here. So, just real quickly, I wanted to go over some tips uh for everyone because you know we are in hurricane season.
These are steps that we need to start taking now before the storm and which can make all the difference in keeping our family, our neighborhoods, and our city safe. So, on the top of the list is to just a reminder to assemble an emergency kit.
Make sure you secure your home. Uh reinforce windows, doors, trim trees, clear gutters, things like that. Make a plan for an evacuation if necessary. Protect your important documents and stay informed. I'll be going over some of our social media and website
information. And that North Miami Beach also has a mobile app where we give out active um alerts during uh activation. Also remember fuel and charging up your electronic devices, um batteries, flashlights, portable
power sources, and um our vulnerable uh community, our senior community, very important. If you have neighbors, family members, please make sure that uh you have contact information in order to get in touch with them in time of um uh severe weather or another emergency uh
event. And also, just like I mentioned, stay informed. the city of North Miami Beach, their website has a link on there. If you follow them or if you go on the website, you can sign up for alerts um through their through their website, through our website or you could sign up for our NMB uh mobile
app and also um I put there up there if uh anybody needs the website for the city's website um and for our police website can be accessed through the city website and also the Miami Day County severe weather and emergency readiness
guide. It is out online and once the copies are available, we will also have them at our police department. And we're also working on a video to push out on our social media platforms that will um go over these tips as well and give out uh other
information. So, I just want to say thank you for your time and with our strong coordination, trained personnel, and a prepared community, we're confident in our abilities to respond effectively this hurricane season. Thank you. Thank Thank you.
All right. Next up, wait. No, I have a question. Should we vote on the Beacon Council? Oh, yes. Um, do you you have a motion to It was McKenzie. You want to have a point of privilege? Yes. Uh, thank you so much for the presentation. Um, I just wanted to add a We're going to do
Gohead. Uh, I I assume the um it's a point of privilege. Is it a point? He wants an item out of order to vote on it now. Um, okay. had a question for the presentation. Oh. Um, sorry. Can you come right back?
Uh, uh, Rodriguez, please. Major Gonzalez. Major. No, both. No. Commissioner Smith has a question. Yes. Go ahead, Commissioner Smith. Thank you. Could I just ask I know because I live where they evac where they evacuate. Um,
many times they don't have in place where you're going to go. Is it going to be open? Isn't it going to be open? etc. So, is there a way for us to have a definitive where people can go prior to ever having a storm, especially for their animals? So, you're talking about
shelters and things like that. Shelters when people have to leave and come inland at le shelter for because people won't leave their home because they won't leave their animal, right? So, is there a way that we could start the ball rolling? The there is no storm, but if
there is ever a storm, this one is always open and it will take your, you know, is there some that are always like, you know, Highland Oaks Junior High used to always be open. So, the Miami Dade Emergency Management has already sent out asking all the different divisionals and cities where
they may have uh locations for shelters and what kind of shelter it can be. So, I believe that list is being compiled. And so once that gets released, we could definitely get that information out. Yes. Prior to the storm, people will know where they're going. Okay. I appreciate that. Thank you so much. Thank you for allowing me to ask that.
Thank you. Uh Commissioner Flora, thank you. I just wanted to move the Beacon Council item up for a vote, please. Do I have a motion? Second. Let me just by by title um if if I should. Uh what what uh resolution was that? Uh
11.4. I'd like to move item 11.4, for resolution number 2025-64 up for a vote. We got a second. Uh we don't need a roll call. All in favor say I. I. I. Passes unanimously. All right. Thank you. Thank you so much. Thank you. Next is you guys. Take care. Thank you for coming so
far. The office of Dariel Fernandez texted me and they apologized. He's he's not going to be able to No, we we he we're going to be keep he's going to come back. Believe me. He will come back. Um that being said, no, we already voted on it. I thought we voted on the MOT.
He voted on the item itself. He he motioned to it. He just to move it up or No, we he motioned to vote on it. Motion to move it to move it up. But now you need to Okay. So procedure. Let's do I'll make the motion to vote on it. All
in mot we moved it up. The motion to vote on it pass. Yes. Move it up and vote on it. Now you need it's in front of you. Now we just need somebody to move it to the floor. Hold on. Do I have move it to the floor to vote on it?
Second. All in favor say I. I. Passes unanimous. Yeah. Attorney should read the title. I thought we we did read the Okay. Hold. Uh Mr. Mayor, Mr. Mayor, if I may, if I may. Uh uh we have a roll call. It's a resolution. Mr. Mayor, Mr. Mayor, if I may, if you would indulge me, guys. We we have charter officers
for a reason. And so if you guys can just speak up a little bit faster, that would be that would be good because we just voted on something and now we're saying we need to read it. That should have been said prior to the vote. So let's just all get get in, you know, unison in here and
move this meeting efficiently. City attorney, can you do it real quick, please? That particular item. It was 11 four. Turn on the mic. Item 11.4 resolution number R2025-64 approving the agreement with
Miami date beacon council for enhanced economic development services sponsored by commissioner Danielle Ajan. A resolution of the mayor and city commission in the city of North Miami Beach, Florida approving the enhanced economic development services agreement between the city of North Miami Beach, Florida and the Miami date beacon council, Inc. Authorizing the city
manager designated to do all things necessary to effectuate this resolution providing for conflicts, providing for scrivenness errors, providing for severability, and providing for an effective date item 11.4. Is that does that is that sufficient enough? Um, city attorney. Yes. But you could uh just ask
one more time. All in favor? Why not? All in favor say I. I. Passes unanimously. All right. Next, we're going to pres the final presentation. Uh Tariq. Chief financial CFO, please come on up. You said you're going to be brief.
Uh, honorable mayor, uh, vice mayor, commissioners, uh, thank you for having me today. I'll go go I'll be going through the, uh, second quarter financial report. This is data as half through the fiscal year. As of March 31st, um, as you can see here, the the
city's all funds were budgeted at $212 million. Uh, as of March, we have collected almost 50%. So, we are on target. Um as you can see here is the uh uh all fund revenues comparison budget to actuals. Uh the first chart as you
see is our main general fund which is also at half uh 50% through the projections. Um uh this chart shows major funds of the city at $212 million. As of March uh 31st we collected $105
million which is 49% of projection. uh this chart just to show you the health of the general fund. As of March, we collected uh I will say 43.7 million and we spent 39.3. So we have a cash surplus
as of March of about $4 million which is good to help the city go through the second half of the fiscal year. And I think at the retreat I presented that also the city's general fund reserve is in a good state as we started the city about $12 million surplus. Um uh this
chart shows the budget to actual comparison. Um in terms of revenue uh our major uh uh revenue continues to be property tax. Uh now as we move on to uh general fund revenue ending March 31st uh you can see
uh the line items u some uh of our revenues have already exceeded the 50% some of them are still below uh and every tax line item or revenue line item uh the collection of revenue is mostly timing uh but at the end we are over 50%
so the city collected 54% of projected revenue uh and The expenditure side um we are uh uh trending below line at 44%. Um uh overall uh we spent $99 million as
of March 31st. Uh this line item shows the uh citywide expenditures by fund uh comparison and you can see the general fund always continue to be the major fund for the city. Uh this table also uh shows uh the multiple uh expenditures actuals for
each fund. Um overall the city's overall uh funds are at 44%. Which is 6% below target. Um the general fund expenditures um here as you can see um um uh between departments uh as you can see uh some
departments are on target some others are below target. uh but we are trending uh in line with the uh with the adopted budget for fiscal year 24-25. Uh the finance department continues to monitor the the expenditures with each
department and u um in the next month we're going to start uh wrapping up the process for next year's budget cycle. U the general fund expenditures by function as you can see uh each department here the percentage is at 48% so we are 2% below
target. Uh last but not least the expenditures uh by class comparison I think salaries continues to be over almost 70% of our uh uh of our budgeted expenditures but for the actuals we are trending below target uh and most of it
is timing and also uh uh filling uh vacancies throughout departments uh the general fund expenditures class details as you can see here the 43% continues to be uh salaries and um and and other benefits The pension has been
fully uh paid 98% and overall we are at 48% of budget. Uh the capital program uh as you can see we have a $9.8 million. Uh we are still working through the procurement process from the major project and um um by the third or fourth
quarter we will continue to see some expenditures. the general fund salaries and related expenditures. You can see here um uh some departments are higher than others and that's based on number of FTEES and also the size of the department. Uh citywide salaries and
related expenditures here by fund. Uh we can see also that the general fund is continues to be the major uh trending fund for the city. uh the general fund salaries and related expenditures. You can see that uh every department uh has different vacancy
rates. Uh but overall citywide we are at 43% of personnel expenditures. Uh conclusion, the city is in a good financial state. Uh as I mentioned uh in one of the slide that the general fund has uh generated almost
$4 million uh of surplus. uh $4 million would help the city go through the next uh two quarters for the fiscal year. Uh if you have any questions, uh let me know. And anybody have any questions? Good.
That was fast. Thank you, T. Thank you. Next item is public comment. City clerk, please. Thank you. Good afternoon. The mayor and commissioner of the city of Northine Beach has opened the meeting for public comment. At this
time, there's a threeminut time limit for each speaker. Speaker, when you're called to the podium, please state your name or the name of the organization which you are representing. The mayor and commission of the city of North Miami Beach recognizes the importance of civility. The city of North Miami Beach requests that all in attendance to
exercise civility towards each other. And our first two speakers are C. Stoner Williams and then Eugene Mom Premiere. Eugene, excuse me. Where's Eugene? Good evening, ladies and
gentlemen. I'm here about one My name is College Stoner Williams and I'm here about um my property at 16030 Northeast 18th place. There is some pine tree that plant on
the curb 18 years ago. This and no one come to trim them and we need them to trim because it's the season for storm. They fall in the street and all
the time nobody's city don't even care about that side. Nobody picks up the palm branches. If I don't pick them up, nobody picks them up. And when I'm not at home, I travel
because I have sick relatives and I have to go and look after my relatives because they come first to me. And they pick them up and they throw them on my curb and I get sanitation for
them. Please, I'm asking for them to come and trim the trees. Whosoever plant those wild forest palm trees and they are full with termite, please. Thank you.
Um, our de our deputy city manager is here. He's going to talk to you right after. So, thank you for your comment. Thank you. Next speaker. Thank you for coming. Thank you. Eugene M. Premiere. Rose Coron. Good afternoon all. Um, my name is Rose
Corolin representing NISH radio which is WSR 1580 a.m. That's why they in 162nd 1510 Northeast 162nd Street. But before I do my presentation, I need to understand because Commissioner uh
Lynn uh is remove I don't understand what's going to be done with 11.2. Okay. So 11.2 has been your time. We are going to discuss it later. No, that's still on the It's still on the because I didn't
understand. It's still No, no. It's still on the agenda, but please it's not back and forth, but continue on with your Okay. Okay. Okay. I just want to make sure it's about the trolley and then uh uh the trolley setup as a radio station. We receive all type of calls
everywhere and from anyone. And the fact that we have a food bank where we do we do distribution every day. We have all type of people coming over and some of them are using the trolley to get there. Some of them are using the other uh
setup that you guys have to get there. Uh and one of the things if I understand correctly uh they were analyzing and see if it's something to be going to be stay or if it's going to be removed. Um in my management skill I always said there's
room for improvement. You guys has to analyze where is the trolley going and then where is more profitable for the people because there's a lot of people they don't have cars and then there's a a lot of people who's using the trolley
uh to get their kids from school instead of using a hooer or a leaf or anything else because you tell the kids to get it and then get there and then this is not my information it's for what I get from doing a survey. from the people that coming over to see
us. So I will uh ask you guys to analyze to see what's good. If you have to cut on on on some of the road that's not profitable for the for the trolley like people are not writing on it. take that
money and then put more right somewhere else because sometime people has to wait for almost an hour before before one uh Charlie picked them up. So it's always we have to analyze and see what can be done but I will
advise for you guys to see if it's something that can be hold on to the city and also one last thing is it look beautiful for the city. It represent North Miami Beach. And from the group of economy that I'm in, we always analyze
how to improve the city. And then this is one way. And we're not the only one who have a trolley. Other cities has it automatically. You go to Kyoto, that's the first thing you see. That's the trolley going up and down. So analyze this and see and then to know how you
guys going to hold on to it. Thank you. Ray Messa and then Mary Lucy Charles. Good night. My name is Ronaldo Mesa. I am I don't understand. I can't speak
Spanish and someone can transl. I was thinking why you has closer here North Miami Beach a school high school and middle school you are right you have some student there that
they cannot use the bus transport because they are clos time that's and pick the student. They have a routine so they can pick. I saw several two more student working to
go to the school. My daughter she was there in the middle and high school. Yeah. From graduate school for the safety from the student. You can use it as service and also there are people that don't has
money $250 one bus but before we has transfer h we can get a transfer for 25 cent that's long time but the good you has to pay if you are far away you has to pay
two time for people that work for the minimum wage in the tubu you I think it's a good idea to plan for your story here and also for the people that cannot pay to go to
Aventura mall or go to from Aventura to Golden Gloss. So it's too sure to be paid for $2 fe. We need this service. Thank you. And also please I need to
inform you that you need to have one interpret program because that's for the law say the law for the div and how community any from the government
information like this meeting you need to have a system to be free because it's only the government the FCC See that help you to give you and there is a system from interpreter. You need
to find out if you can put the program in the tablet on the computer and you need to talk to ED for her refer there. This meeting need to have that program
because any people that come here that is forhead need to have this service. Thank you. Thank you. Thank you. Thank you. Madam Ma, I thought we Madame Clerk, don't we have the that service available? We have it. I think
when you watch it when you watch it right online. I'll try to help them. The the I don't think we have the closed caption. We do have closed caption. Mhm. No, but Oh, but but for people in the audience, they don't have that. Yes. Yeah, because it doesn't show closed caption. It's not up here. It doesn't
show up on the live feed. All right. So, can can we can we can u can we work on staff? Can you work on possibly have it that we can have a live um while the meeting is continuing live basically? Thank you. Next speaker, Marie Lucy Charles and then Luis
Hawkness. Good evening to everyone. Good evening. My name is Lily Bulmont living in North North Miami Beach since 1974. I say good and I see bad. But my concern is about the bus jettney in
North Miami Beach. Now at um the 18 the 19 and 8 and 16th Avenue there was there was this bus um 16th and 19th that go
downtown and come to the mall by by Walmart and take people to um Golden Glade to doctors and to go shopping and the city bus stop almost a year now but Now the jetney is there but someone told
me that it will stop soon. I don't know. So I'm come here to of my concern that I drive but people in North Miami Beach doesn't drive and they need to go shopping and they need to go to doctor and if they didn't stop then they have
no ride. So my concern is for you to look at look into it and see what can be done that the bus will stay in North Miami Beach. Okay. God bless you. Have a good day. Thank you. Next speaker. Hi, my name is Louise Harkness, North
Miami Beach. I've spoken to most of you individually regarding the concerns for the library and surrounding Amphitheater Park and the future encroachment of slam into our public facilities. Please keep in mind that we have one
singular expert on libraries already on the city payroll. Dr. Adena Hernandez has made libraries her life work and her knowledge and wisdom is invaluable. What our library desperately needs is for the bathroom project to be started and completed instead of just
kicking the can down the road. Look at how much more Washington Park project is costing now when it could have been completed many years ago. Do we have to keep repeating our mistakes? Lack of action is not an option. Or how about the city doing something in its power to
get the front door of the library fixed. What a shame to be greeted by a door that doesn't work. I hope that you're hearing my words and help move these projects forward. I am confident that there are people who can actually make these things happen. They just need to
prioritize. Thank you. Thank you. Next speaker, Patricia Miller and then Mimos Lewis. Patricia Miller, uh 1730 Northeast 171st Street in City Center. Uh, as most of you know, I'm a highly
invested member of North Miami Beach. Um, and I interested in everything that goes on here. And what Louise just said about kicking things down the road, it's very concerning. We need to take care of things when they need to be taken care of.
A hundred years ago, our city fathers decided that this strip of land not too far from here was costing way too much money for us. Uh, and was, you know, draining our resources and we were
losing out on some money. So, they gave away what is now Sunny Isles Beach um, in their infinite wisdom. uh when they weren't exactly looking down the road and thinking about our future. There's been some disturbing
talk of handing over control to Miami Dade Water and Sewer of our water department. Let's be honest, and that would be another mistake of historic proportions. Not only would we lose 12,789 accounts, nearly one-third of our
system, we would forfeit our leverage, our quality, and our future revenue potential. That would be a permanent loss. And for what? Because somebody is crazy and lazy. We would trade away our
independence and quality for political points or short-term appeasement for Miami Dade County, which has already such a glowing reputation. Yes, we have remediation. It's coming.
PFAS. It will cost us, but it will cost Miami Dade more. They are already facing a billion dollar infrastructure gap while ours is only 200 million. We are in a stronger position with better water, cleaner systems, higher pressure,
and state-of-the-art filtration like reverse osmosis and nano filtration systems, which I had to look up. Uh, and Miami Day doesn't have that. That's not something to throw away, not even to consider. What's more, we have capacity.
We are using just $26 million uh million gallons a day with a plant capable of much more. The real issue here is transparency, transparency, and negotiation. Do not make any decisions without considering all of the
ramifications. We don't want to give away another Sunny Isles Beach. Thank you very much, Mr. Mayor. I I'd like to make it clear to everybody. I don't know where that is coming from. We are not thinking of giving away our water department. No,
it's not. Next speaker Lewis and then Irene Pellinger. I don't I'm not good afternoon everybody. My name is Mimos Lewis. I'm living in North Miami Beach, Florida.
Oh yeah. Closer please. I was here yesterday. I'm here today. I not feel good. I don't feel to come in. I said no. I have to because I need to try the
car for not Miami Beach. I really need it because when I feel good, I just go take the car and go to to Walmart and bring me back when I'm finished. I don't want to
call any back to to come home. I just take a car and go home and close to my house. It's coming. Okay. I don't have nothing to do that. the reason I'm coming for
tonight. Thank you very much. Have a nice day. Thank you. Next speaker. Irene Pillinger. Good evening, Mayor and Commissioners. Those who attended the Haitian-American Heritage event at the
library on May 9th know what an outstanding event it was. From the film debut, food, and amazing band, it was a night to remember. The city must get better at promoting these events. Perhaps a quarterly
mailer with upcoming city events would be effective. Unfortunately, rumors swirl about our library. Rumors start somewhere, often have a nugget of truth, but are usually inaccurate. Nonetheless, they keep us
busy imagining the worst. If we give credence to the rumor of building a multi-story library, keep costs in mind. The Boon Beach Library added another floor and had to hire six more employees. Our library is 24,000 square
ft with an with annual costs of approximately 1.4 million. Boon Beach's library is only 6,000 square ft larger, but costs 2.6 million to run, just shy
of double our cost. Only slightly larger and twice as expensive to run because it is multi-storied. When you add floors, you need adequate staffing for each level. We can't even upgrade one set of bathrooms we actually
have. Imagine having to upgrade bathrooms on every floor. The front door has been out of commission for years. Imagine keeping an elevator running. But I digress. I started talking about rumors. Rumors that Slam is after our
beautiful amphitheater and park on the canal and our library. Rumors that it's done a deal. I just hate rumors. And it looks like you're trying to rectify the slight of hand tactics
used LA at last month's meeting regarding the trolley. Residents repeatedly asked for a wrership study. Suddenly, the vendor produced a study. Who did the study? What methodology was used? Without knowing this, there is no
credibility to the study. How do you pivot from a threemonth contract extension to awarding a five-year contract without evidence-based information supporting root changes and without putting this contract out for
competitive bid? I also want to remark on limiting the public to only speaking during public comment and not on individual items. Residents give up their time and energy to participate in city on various committees and boards
and following this meeting. Although we participate shorter commission meetings seem to be more important than taxpayer participation in the process. I mentioned slight of hand tactics earlier. This is another one. In
all things we do being above reproach is the only way to gain the trust of those you serve. Double speak and confusion do not gain the trust of your constituents. Thank you. Next speaker. Thank you. Emilio Petite,
Kley Joim, and then Mark Leuen. Good evening everyone. Good evening. So that mean if you want to say the truth, it might come from from your side. Sir, please state your name for the record. Excuse me. Your name please. Emilit.
I'm so happy to to meet for the first time so many of the commissioners and the mayors that I vote for so many times. I never meet you. Is a pleasure for me to be here. As I said, the true always coming from your side. But I
cannot leave with the priest if I'm not getting baptized. I'm here just to talk about as you called uh the Charlie. I don't I don't take any rise from it. But
I can say most of the time we cannot take away the breads from the children to give it to the dogs. So I don't ride the the trolley. But one of these day when I get old or my people will need it. So I'm here for that. I'm here also
to thank Miss Ketley. She's always be on our side. Always invite us to assist the meeting. Thank you, Miss Kly Rash, to invite me to be here. I live in a 1040 northeast 154
terrest. I bought this issue so many times. Uh I think Mr. Commissioner, years ago when I was voting for you, I asked you on my wood sides the big
holes. I'm waiting for the city to send me the citation for that for that holes in that areas because my street on the 1040 northeast 154th street need to be take care more because I know they're
going to send me the citation to fix this problem. When it's raining now there's no drain. I ask so many times if I can get help to get a drain when it's raining so the the water can go away. The water stay right
in the front of my house and I don't live in this in the flood zone. I need help with that matter. Number one. Number two, the excess driver years ago they
hit my cars and my parking lot. I lost the car new cars. I was asking for slow sign because I get the the the grandkids playing sometime on the front of my
house. I lost a new car when a reckless driver at 8:00 hit the cars. Lucky for me, I don't let I don't lost my beautiful daughter. 5 minutes after she get in my house, somebody hit the car and the car
was total lost. 15 seconds on the 1040 northeast 154 terrace. That's a one after the stop sign. I was asking please for me to get a slow sign at least the driver can
drive slowly in this area and especially when I was saying when it's raining the water stay for so long before it's drained. Thank you Mr. Petite. Thank you very much. Thank you. Next speaker. U good evening mayor and commissioners.
My name is Katie Jasher. Um I'm here this evening for quite a few reasons, but um I want to thank the tax collectors uh office yesterday for
coming into our city. Um, oh, property, I'm sorry, property. Um, it was great to see them and they were able to help so many people that didn't know that they could have a
second um, exemption. So, thank you, Commissioner Smuggler, for spearheading this. So, um, the trolley hub is right there. new leader. This afternoon while coming here
I saw we were on 18th Avenue and I saw quite a few people coming out of the trolley. I know there are people saying they have followed the trolley and they don't see anyone getting out. We don't have the wrership, but in Ulita, people
do use it. Especially now when traffic is so bad and a lot of people are losing their jobs. This is their main of transportation. Ry is my neighbor. He takes the trolley. I know one time he
called me because he was running late and he needed to get to work in Aventura and asked me you know what was the schedule where he should supposed to go take the trolley and I explain it to him and that's how he's able to take the trolley you see we want to keep the
great service in the trolley company many of us rely on the trolley to get to school jobs medical care or even the grocery stores pro plan, increase frequency, improve on time performance, and keep
the system accessible to all, including seniors and disabled resident. Let's keep a system that puts our community need first. When I went to meet with these people a few months back, I mean, I think it was last year, I needed to know
what it is exactly, how their service operate, what's going on because I have so many elderly and new leader. I have people who are disabled who's not able to get to certain places and they need the trolley to get from point A to point
B. A lot of our kids in Ulita the trolley is what they use in order for them to get around. It may not work in certain area but it certainly does work for us. I myself have taken the trolley. Ray's man of transportation is taking
the trolley quite a few of us. So, I'm not sure what is going on. Maybe the areas that don't need the trolley shouldn't have the trolley, but we do need the trolley. My community doesn't take the freebie, a lot of them, because they don't know how to download the app
and how to call the freebie time. So, please, let's keep this thing going. Thank you. Oh, and uh Commissioner McKenzie, uh thank you for recognizing Haitian Heritage Month. But I have to let all of you know that we have someone
in our staff, Bernice Fidelia Morris, who was one of the people that spearheaded us going to Savannah in front of mayor and uh councils in order for us to have that monument up there. At the time, Bernice used to work in
North Miami and so she used to take the bus with us because Daniel used to charter buses for us to go over there. It took us a long time for us to be able to get this thing done, but Bernie's was one of the lead people. So, I think you
all the she deserve a good thanks. Thank you. Next speaker. Mr. Mayor, honorable commissioners, vice mayor. My name is Mark Luwens. My wife Robin Leuen, we are not here to speak about the
trolley. We're the owners of 16851 Northeast 3rd Avenue and we're here to speak about 10.1. Uh we received a notice um to our address advising us that there was an um application for a variance to build a
property just to the south of our property. Our property was a residential property. Interestingly enough, the notice had an error in it. It said come on Monday, but it had the date of Tuesday. It was a little confusing. Hopefully that was an honest mistake.
Um the variance asks for the typical setback of 30 feet that abuts our property to be reduced to only 5 ft. Commercial property, residential property. Uh we object to that. Ours is a private residence. The resident has
been there for almost 10 years. We're just to the north of this property. If this property is built only 5t off of our property, we're going to be in shadow for the rest of time. Our grass will die. The children who play in that yard will play in the shadow of
this building. We certainly hope no one will be throwing cigarette butts down onto our yard from that building. And we believe that setbacks exist for a reason. Um we don't have an objection to a commercial property abudding another commercial property. 5T is fine. Commercial is commercial. But
this is not. This is residential. We really feel that the variance exists for a reason. And we implore you to consider this when you when you consider this motion and please deny the variance or at least reduce the amount of the variance. We'd really like you to deny
it outright, but at the very least reduce it so that we can still have a little sunshine in our property and not be up against this monolith right behind us. Thank you very much. Thank you. Thank you. Thank you, Nick. Next speaker,
Margarice Schwarz, Karen Harold, and Josh Jimmy. I'm Margarite Schwarz. I live I've been living in North Miami Beach since 19 One second. Okay. Sorry. No. Can you hear me now? Maybe you don't
want to, but that's okay. I'm No, I'm here. Never said that. No. No. No. Nobody said that. I'm here since 1972 on 160th Street. Um, and she said, "I read I didn't know
that there were two two issues on your agenda. One for the one for asking for money for free transportation and the other having to do with the trling. However, um this is my
opinion that I want to speak about the grant that you are seeking for the trolley service that you have had for five years. To the best of my knowledge, there hasn't been an audit and the service
that you supported for this period of time. I wouldn't continue because you have not been able to justify even though some of the people have provided some wrership. You must want I feel you
should have a small group to study better for the funding that you're requesting. the people in in the city walk, drive a car, or don't talk to each other. The free dollars would be better
used to find either vouchers that you give for STS and Uber or some other depth that are greater than just your ser trolley service. Although 159th Street is a county project, everybody's
been affected by it and the residents came out to seek answers to the traffic problems. Maybe your staff and experience can give help to them to determine what can move you further
forward. Adding more traffic to the crowds that you're experiencing will not help. I didn't think the grant that you were seeking was only for equipment. You may want to reconsider something else. I
would be willing to spend time with somebody here. I'm one of the 15 people that wrote the original transit grant in 1975 for tra for county service. Instead of at the end giving me they
said count the elderly and handicapped I started STS but nothing no computer no staffing that gave me the kind of experience you're seeking now with your trolleys you either want free you want
those kind of things I think you need to study a little more or get some better answers from your residents as to what they need not keep pushing something just because it's here. Thank you for your time.
Thank you. Next speaker. You're so good. Yes. Okay. Hi, Karen Herald, resident of North Miami Beach. And I um Hello, mayor, commissioners, charter staff. I find this very interesting with the mic issues today because one of the first things I wanted
to ask is if you could please speak into the mics because this is how we feel all the time out there at meetings or on the live TV because if and I have to give kudos to city manager Andreas because
they always go like this before they talk. He has a system he brings his mic he turns it on and he leans forward and never have a problem hearing him. Um, also with those cross conversation, when you have somebody speaking and people are speaking over them or or not want to
make a point when they're talking, they take it away from the person talking and they say, "Oh, but" and like somebody always seems to want to have the last word. We used to have um, Mr. Mayor, if you could please institute some kind of a a system where there's x amount of
minutes that a commissioner has and maybe we used to call it bite of the apple and maybe two times on an agenda item or three times, four times, whatever you want. But it makes it easier to h watch the flow of what's going on because when this one talks and
then it jumps over here and then this one cuts them off and it moves back here and then somebody spoke like five times and somebody spoke two times. It it's like we don't feel we're getting all of what y'all are thinking and you're all intelligent. You have critical thinking and we want to hear it. So please let us
do that. Um, also I just uh want to thank um the Chief Penellis for the arrest of five individuals that were involved in breaking in cars around the area I live in. So, thank you for that. And I sent each of you a detailed message um on the uh trolley, the
observations I made, the things I found out, and um there are possible areas of discrimination along with poor service, unsafe safe transportation of passengers, uh referring to the children, switching, um out of trolley
with a minibus, which doesn't show up on the live tracker, and there's no um no way really to see obvious that it's an NMB vehicle, so you see a minivan pull up and Okay, where's the trolley? Get on. Um, no. Not safe. Um, so we have two
good trolleys. Um, I suggest it in the email that you sell the three that are older. Take whatever you get and buy a used one and voila, we have three trolleys. We don't need any other things. And taking away the ambiance that the trolley gives us. We're always after branding, branding, branding. And
it's cool and it's nice. It's unique. But now you want to put in mini buses. like we have enough of those all over the place. You know, private ones, we have them. Um, also, I just wanted to say, please do not vote to give a company a 5-year
contract where you'll be indebted to them. And that money that's supposed to be for our needs is going to build a business, and you need to look at biz. You need to see whether options are out there. Um and and please we voted you in and you swore to put the needs of the
city before the needs of a business. Thank you. Thank you. Next speaker. Uh my name is Josh. Um address 16750 Northeast 10th Avenue. Uh I've been here a number of different times and and now
the circumstances has changed. This is in regards to the I don't want to say the removing of the fluoride, it's the stop putting it into the water. Um, as you all know, I'm sure you're well aware, the state passed a bill uh that got signed by Governor DeSantz, Miami
Dade County in spectac spectacular fashion really. They we won the vote 8 to2 to remove it. The mayor vetoed it and then the mayor's veto got overrode 8 to4. So, here's the thing, right? You guys serve unincorporated Miami date.
You can we can push it back on the state and say that yes, the state gave a date, but Miami Dade County also gave a date. Okay, that date is more aggressive than the states and you guys serve uninccorporated Miami Dade. So you you there's two ways that you guys are now forced to do this. And the point I
really wanted to touch on is this is not coming from a place of of leadership in my opinion at this point. This is coming from a a place of coercion because you guys do not have the choice anymore. The only choice you have is to hopefully put it to a vote tonight and and put it on
the record that you that you're also in alignment with the county and the state. Okay? We had BTO places who voted to keep it in who already have it out of the water. And I I'm not sure what you guys have done, but it's certainly not responding to my emails because the only two who have is Commissioner Sue and
Vice Mayor Turnoff. Those are the only two individuals who I received a response from. Personally, I'm deeply disappointed in the fact that we're now following and not leading on this issue. And every time I've come and other people have come, it it's fallen on deaf
ears. We can't even get a discussion. We can't get anything done. So, I hope tonight that that changes that that we put it on to the vote and that we get and that we have it on the record that there is a vote and and I think it should be a roll call vote to see who exactly are the people who are who are
either going to go against what's already basically the law that you're now being forced to follow and who and who is who are the people who are actually listening to the constituents of the people that they represent. I I'm just I'm I I've come here a number
of different times with prepared speeches and I'm just telling you what's on my mind. In fact, I'm sure you guys know uh Commissioner Gilbert, okay? He he voted to remove it and you guys serve water to him. So, I mean, I would be more than happy to to have a meeting with him and discuss it if there's not any action that is taken. I'm tired of
not seeing action. Period. End of story. Thank you. Thank you. Next speaker, Cleo Noel, Jonathan Gladman, and the Miranda Sherman. Cleo Noel, Jonathan Gladman,
Miranda Sherman. Miranda Sherman representing Infinity Transportation and Infinity Tours. I know you guys are tired of hearing about the trolley, but that's why I'm here. I run a transportation company and it was brought to my attention by SW that lives in the area about your trolley issues
and I wanted to submit a bid for it and I didn't see anywhere online to do it and I got here and I saw you had a a legislation here 11.2 about the trolley. I sent an email on Thursday to all of you saying that I wanted to submit a bid. So, I'd like to
make sure that somebody knows that and gives opportunity to do that before you assign it to someone else. Excuse me, I'm fighting a co. Um, our company's been in business for 20 years. We have a A+ rating with the Better Business Bureau, fivestar on Google, and I would
love the opportunity to serve your community. So, please somebody respond to my email. Let me know if I can submit a bid. Um, other than that, that's all I really had to say. I want to be able to submit a bid. I think it should be only fair that I looked in the books and I
think the last time you had one was April of 2022. That's a long time ago. I'd like to have a chance to look at it and submit my opportunity to serve you guys. That's it. Thank you. I'm done.
Next speaker. Pardon? Dorothy Inerarity. Diane Doolittle. Hello everybody. Good evening. Hello. uh to the mayor, commissioners, vice mayors, and acting
um managers uh also to our clerks and attorneys. Say everyone uh on a lighter note. Okay, we I'm standing before you. Your name, please. My name, I'm sorry, is Dorothy
Anderity and I'm the uh vice president for North Miami Beach Washington Parks Voters Council. So, on a lighter note, we just want to commend you. Thank you all for coming in and joining us for our heritage day hopefully in the last the
last heritage day in the old community center. Um and we just wanted to thank you all for participating, coming out. Um we had a great time. It was good to see each and every one of you. Those that were able to come, those that were
not able to come, we could feel you there. Um and also we would like to congratulate um Andrew Platkin. We haven't voted. What I'm doing? What I'm doing? What I'm doing? We haven't voted yet. Huh? We haven't voted yet.
Oh, you're you're jinxing it. But we're going to invite we're going to congratulate him in advance. Thank you, Renie. Thank you. Ne next next speaker. Thank you. Thank you. I'm sorry. Um Oh, no. Are you done? You have any other thoughts? I'm so sorry. You have any No,
you still have two minutes. If you if you have more to say, please how you doing? Okay. No, you But uh thank thank you all anyways. But can you stop? I appre No, I'm going to stop because I was asked to stop for the person that I
support the most. But it's okay. Uh but Well, no. I I I was I was they clarify like if you have more to say. I got it. I got it. I got it. Okay. I just want to make that very clear. Thank you. Let it go. I love you all, but we're we're like on
that that that wave. But congratulations and we're going to miss uh Mayor. I'm still going to say it. The uh manager, city manager, Mario Diaz. So, thank you. You all have a great night. Mr. Mayor, a moment of personal privilege,
please. Okay. Okay. I just want to say to voters council, I am so sorry I missed it. I've never missed it before. I was out of the country, but I hope somebody had an extra hamburger for me. Thank you for We know you're always
there. and the breakfast and and just the enthusiasm of that community. If we could rub that off on our whole city, what a wonderful city we would have. Okay. And thank you very much. Thank you. And Commissioner Bastian was involved as well as uh state representative Wallace Arist contributed
to a great uh heritage day. Looking forward to at the new facility, Lord willing, next year. That's right. Amen. Amen. Thank you. Next speaker, Diane Dy. Okay, perfect. I just want to say good evening to all
of you. There's a couple issues I wanted to talk about. My name is Diane Dit. Please speak into the mic just uh from Sunray West. And I was reading about the exit package that you were going to give to um our our manager and I really don't
think it's justified at this moment. Oh, was removed. Okay, then let me scratch that. Okay. The other item I wanted to talk about was a trolley. Um, having the company that's running it give you writership,
uh, I don't believe is a good thing. I think we should add an independent people that would go we we've asked for in the past to have the wrership of the trolleys and see what areas are are in need of it and what
areas do not. And there are some areas that you know some people don't have cars and need better transportation and the trolley is a good good thing for them but they also have the choice of freebie which again if you able to use your computer or phone to uh some people
are not able to do that but having an independent person doing a survey for the writership I think should have been done and as far as our contract act. I don't know why it
wasn't put out to bid because if you go things for your home, what if you want to hire lawn service? You might get different estimates. Maybe you won't. But if you're getting a new roof, I'm sure you were for that expense, you would be getting different quotes. It's
not any different than spending millions on our trolley system. Um, the other question I had was regarding the retreat. I know that had to be planned in advance, but I was wondering if anyone had considered said you were having a
local retreat. Why another no other uh arena was chosen perhaps in the city of North Miami Beach? Are we saying there's nothing good here that we have to go to Aventura to have a proper meeting? So, I don't know who made that decision, but I
wonder if you if our own council can't has to go out of the area, why would we expect any other businesses to come here? Okay. And that's it. Thank you. You next speaker,
Lily Bumont. And then Jeb Hanwer. Daniel Pierre. Yeah, I know. Just thing. Wow. Uh I would like to say hello to everyone of you. Hello. Anyway, my name is Daniel
Pierre. My address is 15240 now this 10 court. So tonight I am here for also for my my life.
So what's going on to me today for the thing I'm going to talking about? I I been coming here so many time to ask for that
service. So that mean nobody never do anything. No one never do anything. Today I am almost got killed by my house. almost maybe God saved
me. So I've been coming here beg anyone of you the commission the mayor I need the speed bump in this area. I come in there almost three or
four time for the same thing. Nothing never done. Please, please before somebody dead, before some kid dead, example to me, do
something. Do something for us. Cuz whatever you spend, you do it for everyone, for the safety. For the safety is not is not right. So when you you hear in the
radio, hey, you know what going on? You know Daniel, you know this guy all the way coming here to the mic. He got killed close by his house. Go for something. I've been asked you for a long
time. Please do something. Please. I come in here. Even I don't speak English. You see my wife put me to the class
today. I learn he told me what I have to say when I come in here. Please do something. Do something. Please. Please. I don't want to be yet cuz I've been living there almost
for 45 years. I never see something like that. Never see something like that in this neighborhood. People drive the car just take dry I 95 15 seconds please can I have
our extra minute please I've been I've been struggle work hard for the city I don't want to pass out like that please do something do something for us all right cuz you spend
something put this speed bump there everybody will be happy with y'all okay please so I Thanks everybody hear me. Thank you Mr. President Messi. Thank you. Thank you. Uh next next speaker
they've done it several Daniel I think the Good evening manager has your address. Oh, good evening, Mayor Joseph, commissioners, fellow residents of North Miami Beach. My name is Jeb Hanburgger. I live in Montichello area of North
Miami Beach, and I'm here to urge you to vote tonight uh to move uh the discussion item, Lindsu's discussion item to end water flidation immediately. I have a uh a a message from
commissioner uh the honorable commissioner Roberto J. Gonzalez from district 11 that would like to be read on to the record. I respectfully uh this is the commissioner that sponsored the legislation for the county. I respectfully urge this body to support a
vote in principle to end public water fluidation. Miami Dade County and the state of Florida have taken decisive action on this issue, but your leadership adds important momentum. As more residents demand a voice in their health decisions, this outdated practice
is rightfully being brought to a close. So, we I've been coming to the commission to discuss this item since Dr. Joseph Ladapo's guidance uh at the end of November. I think I came the first December uh meeting. Lind Sue
uh sponsored the legislation here. Roberto J. Gonzalez, commissioner from district 11 in the county supported it. Uh and at the county level, the county level passed A2. That was then vetoed by the mayor mayor and then it was
overridden 84. Um, and the state Senate Bill 700 was signed into law by Governor DeSantis. He had the press conference here with Roberto J. Gonzalez, and many residents from North Miami Beach uh were invited to that press conference, myself
included, uh, that bans fluoride in public water systems uh, throughout Florida effective July 1st uh, 2025. the Miami date county as a speaker said before um they have a June 5th deadline
to stop flidation. So I really like to thank uh Commissioner Lin Sue and Commissioner Cherov and Commissioner Smith for coming out that night to meet uh Commissioner uh Surgeon General Ladapo uh and to bring the discussion to the people. Uh we know that uh as Oliver
Gilbert who's the commissioner that represents Miami Gardens, he says we cannot ignore the emerging science on fluoride's risks. Commissioner Keon McGee, now this is Democrats. These guys represent lowincome minority areas said
it's an outdated practice. It risks costly lawsuits. Governor Dantis labeled it forced medication. 15 seconds. Kean McGee says it's a McGee. Kean McGee. Keani McGee or Keon Hart. Which one?
Keani McGee. Kean McGee. So, Governor Santis labeled it force medication and Secretary Kennedy also says that this uh an an issue about informed consent. So, please tonight end flidation before the June 5th deadline. Thank you.
Bruce Lamberto. Good evening, uh, mayor and commissioners. Um, last commission meeting, that trolley discussion was just your name, sir. Uh, Bruce Lambertto, Eastern Shores. That whole discussion on the trolley was just
amazing uh to watch. Uh, I never seen anything like it. Um, you know, we for two years we tried to get a study done on the trolley. I know Commissioner Turnoff and
uh, Commissioner Smith had asked the manager many times to put our coordinator, we had a full-time coordinator working for the city to get her on the trolley to take to collect data. Wasn't done in two years. Um, and then the trolley company comes along and
gets it done in a few weeks. They, uh, how did you do it? Well, we put somebody on a trolley. That was the question that was asked. And, and then so now, uh, we're believing the data from the from the trolley operator. Um, in 5 years, the trolley hasn't been
audited. There's been no outside auditing of of ridership or anything. Now, I've heard, you know, these the the people that came up here and said, "I need a ride. I need a ride." There's other ways to get them to their destinations and to serve them other than sending, you know, 50 passenger
trolleys to pick them up. You know, that we can do Uber uh passes. we can uh don't you know um give assistance on the passes maybe pay 80 to 90% of the of the cost and it's it's going to come out so
much cheaper because what the problem is is we're dedicating all our resources the 100% of the CITT funding to freebies and trolleys and there's not no money left over for traffic calming people are complaining there's a lady here complaining about the speeding on her street that's where that money could be
spent you have something to show for it at the end of the year. And then I'm really dismayed. I heard a a trans another transportation company came here and says, "How come I can't bid on this project, this $9.5 million, 5-year, well, actually it's a seven-year contract. Why can't I bid on it?" And
this just violates all purchasing requirements. You know, our city ordinances, the city attorney, I'm I'm sure, has probably advised you of of that this is not something that's normally done. Um, and I would think that you may want to pull this and at
least uh go out to bid you the the bid waiver document that the manager signed was it's just it's really bogus. He's saying he had to do it for continuity. That's why it's a sole source. The only company you can use is this company because it's uh they have to have
continuity. Well, it's been there for 5 years. We've been extending this contract at least 10 times over the five years. and you you was on there for a threemonth extension that gives you plenty of time to put it out to bid. And again, how you can put that on a bid
waiver and say we're not going to put this out. 15 seconds. All the people here are being cheated. The residents are being cheated. We don't know if that's a good price and and there's other options available. So, I wish really wish this would get pulled. we'd give this opportunity to um put it out
for bid and then just look at all the other options like this lady said about the different options that are available. Thank you. Thank you. Next speaker, former commissioner Barbara Kramer and then David Zapen. Good evening. I'm Barbara Kramer. Uh I'm
here tonight to speak publicly. Uh it was going to be about two issues, but now it'll be about one issue since the manager's um severance parting gift has been removed. And I thank you very much for that because um what what were you
all thinking? That's crazy. So um I guess I'm going to speak about the resolution awarding a trolley contract without a competitive bidding process. And I just want to start by saying that this isn't easy. It gives me no pleasure to speak to you guys like this. In fact,
I'm angry that I even have to. I'm angry because I care. And I'm angry that I have to look some of you in the eye, people I like and respect, and say this. Your actions have been
irresponsible, lacking in transparency, and unworthy of the trust the public placed in you. In regards to this trolley, last month, you voted in violation, in my opinion, of the agenda to approve a
5-year no bid contract. The agenda clearly stated this was a 90day renewal. Why wasn't an RFP issued months ago? Why skip the bidding process
entirely? And now you're back seeking to award ProCal a 5year contract worth between 9.5 and $13 million. You had other options. You
could have renewed the current contract for 90 days or even for a year because that's what's allowed while putting the service out to bid. So you wouldn't have disturbed or disrupted um essential services as the
manager has put this as a bid waiver with with that excuse. A competitive process might have reduced costs. It will improve service or it might push PCEL to offer better terms to remain
competitive. And let's be honest, why are we dedicating so much CITT funding to a service used by a limited number of residents when that money could go toward broader priorities that benefit everyone?
things like better roads, as Bruce Lamberto was talking about, safer traffic infrastructure, upgraded bus shelters, and regular tree maintenance. Investments that the entire community could rely on. 15 seconds. No one is saying to get rid of the trolley, but to
do this without a competitive bid is absurd. You owe it to the public to act with transparency, sound judgment, and fiscal responsibility. We deserve better, and it's your job to deliver it. Thank you. Next speaker. Thank you, David
Zapen. One more. David Zapen. I um I'm the founder of Zapen Capital that funds the rehabilitation of homes for rent. Um
thank you. The microphone. Good plan. Yes. So, with these buses, has anyone finally updated the need for a bus stop that's relevant to our crazy weather? Uh, I mean, it's bad enough.
You know, my house is 90° inside, but you know, um, I've only seen two really good designs for bus stops. Aventura that wraps around with glass and Margate, that's one big square. If there's a third option, that's good.
I haven't seen it. Unfortunately, um I realize there's the temptation to make to discourage, shall we say, transits. I get it. But um as the weather continues to get
insane and people come here looking for a beach that as it's been pointed out is no longer in the city limits, we're going to attract the transients and the lack of money. Just you know the same way calling ourselves North Miami Beach was supposed to
attract tourists. So, I hope that we can still have some level of cooling stations to keep people out of the ER and from overloading our first
responders. Because while some of us are enjoying the comfortable affluence of uh counting yachts, some of us on the west side are dealing more with the transients
people who are literally leaving the Jackson North Hospital. Um, it, you know, they are coming here and I really hope the county pays
attention before it becomes a crisis. This heat will kill people and, you know, I don't think our library is open on Sunday. I know the county library is officially a cooling station, which is great, but they're not open on on
Sundays. And as we know here in Florida, there is no right to air conditioning. So, um, this is something I've tried to explain, you know, whether through my Facebook or or on free speech TV. And,
you know, just keep in mind what you hear on AM radio is it's not even half the story. It's maybe oneird. Wishing you a an early happy father's day. Thank you. Thank you. Your next speaker, last time speaker,
Mr. Kazan. Yes. Okay. Marazan, good evening everyone. Couple points I want to make. Um, if I could get all of your
attention. the the mayor when he got into office the first time he said he was rather humbled. I'm a very humbled person and the first thing he did was curtailed residents speaking time. You could only
speak for 3 minutes for a 6 hours meeting. We did not get to speak on quasi judicial matters. We did not get to speak on ordinances. And that was his how he showed how he was humbled. He had a city attorney's office
that agreed with him not to allow the people to speak. Well, when you do not allow the people to speak, you get problems like what you had in the last meeting where a trolley contract of
$460,000, no more than turned to a $9.5 million contract. You had a trolley contract that was supposed to be no more than 3 months turned to a 5-year contract. Why are we going to encourage a city attorney's office to continue
like this with us? We're only going to be running into cliff after cliff after cliff. You need to get rid of that city attorney's office and we need to bring back the city attorney's office in house. The last meeting the city attorney's
office refused refused to read into the consent agenda the records. We had a lot of records there in the consent agenda. Most of it being removed, some of it being left back and he just refused that
city attorney's office refused to bring it into the consent agenda. Um, in terms of this this trolley contract, the monies where we're using for the
trolley, most of that money is supposed to be going for road calming, road repairs, road markings, tree trimmings, all of that. None of it is being used for the last several years. Most of that
money has been used for the trolley guy. The trolley guy seems to be a powerhouse here now. Now he's going to get a $13 million contract without even it being advertised and it's all all okayed by
your city attorney's office. We need to get the city attorney's office back in house. For the last four years seconds for the last four years we've had four city attorneys office and what they did they treat us like Edward Snowden. to put everything on a on a on a thumb
drive and they take it out with them. That is why we can't win a case up to now. We're losing all of our cases and I thank you very much for having me. Any more speakers? M court. That was the last sign speaker mayor. All right. Next item on the judge on the agenda is uh
announcements. City there's communications director. Thank you. Good evening. Going to give you the events list for May/June. This Thursday, we have our farm share drive-thru distribution. May
22nd starts at 9:00 a.m. here at the Kevin R. Sims Aquatic Center. We have the college financial literacy workshop. Also that Thursday, May 22nd at 6:30 at the Marjorie and William McDonald Center. We have the Jewish American Heritage Month
celebration, Thursday, May 22nd at 6:00 p.m. at the North Miami Beach Library. Senior lunchon Friday, May 23rd, 11:00 a.m. till 2:00 at the Marjorie McDonald Center. Our Memorial Day ceremony Monday, May 26 at 10:00 a.m. at the
Corporal Howard B. Hinten Park. Memorial Day is a federal holiday, so City Hall will be closed May 26. We have a community tea party on Saturday, May 31st at 10:00 a.m. at the Ulito Community Park Center. That same day at
the heart is the heart of reading. Saturday, May 31st, 2:00 p.m. at the North Miami Beach Library. Free community Zumba, Wednesday, June 4th at 6:00 p.m. at the Ulita Park Community Center. Crest View Towers Community Outreach event is Wednesday, June 11th
at 5:00 p.m. at the McDonald Center. We have a city commission meeting Tuesday, June 17th at 6:00 at the city hall chambers. 151st Street Station, we have a community outreach event. That's Wednesday, June 25th at 6:30 at the McDonald Center. Pangio Wild Animal
Showcase. That's Wednesday, June 18th at 2 at the North Miami Beach Library. We have our Junth celebration Thursday, actually no, Thursday, June 19th at 6 at the North Miami Beach Library. Actually, no. We
have two celebrations. The library, which is Wednesday, June 18th at 6:00, and then the city Junth, the day after, Thursday, June 19th, and time is to be announced, and that will be at the Litman Theater. Junth is also federal holiday, so city hall will be closed.
Our farm share drive-thru distribution, the date is tentative, so please stay posted on our website. And we have a senior lunchon Friday, June 27th at 11:00 a.m. at the McDonald Center. Thank you. Thank you. Next item, we're going to city commissioner
reports. Madam clerk, Commissioner Florimmon, thank you. Um, I know there's various communities including the Haitian-American community, Jewish-American community, uh, Pacific Islander, Asian community that are
celebrating Heritage Month this month. So, happy Heritage Month to you all. Uh, in addition to that, it's um mental health awareness. So, you know, take some time out for yourself. Um, and perhaps take out more time for
yourself than you do anything else because I I think if you if you if you think about it, you probably get more out of um spending more time with yourself when it comes to your work uh if you're if you're more prepared and
more mentally uh prepared to uh to take on your work challenges. So, um, definitely spend more time with yourself. Aside from that, uh, looking forward to an expedient meeting and it's 8:51 already, so, you know, let's get
down to business. Thank you. Leading by example. All right, Commissioner Jean. Good evening, everyone. Um, I wanted to ask a few questions starting with the tree trimming. Have we started scheduling the the tree trimmings before the um
hurricane season and if there's a way for us to let residents know when um we're going to make those those um stops around the different neighborhoods. Also wanted to ask about um one of the ARPA programs that we approved. I think Commissioner Shernoff had um championed
for the painting um and also still waiting to see how the scholarship program is going to be rolled out. Um, I wanted to thank the library for hosting all of our cultural celebrations and also um kudos to the to the NMBB staff
for an amazing retreat. Uh, we really had a chance to dive into some very um interesting topics and I'm looking forward to our budget season where we'll be able to kind of have a a deeper dive um so the public can also be part of that conversation. And I also wanted an
update on the um the bus shelters. I know a couple of the shelters have been put in place, but there are still about 10 to 12 um that have yet to be put in place. So, I definitely want to hear back on any updates there. Thank you.
Commissioner Smith. Thank you very much. Uh first, I want to tell everybody I believe that was my second meeting I ever missed in 15 years. I think the first one was when my granddaughter was born 16 years ago. But
I wish everyone the same reason that I left. I wish it on you. My son treated his mother to a trip to Europe. And I want to tell you when you have a son that's married happily 21 years in a different state and between law school
and college, I haven't been with him for 30 years by myself. I wish everybody the same blessing I have. So I I caught up. I came back. I watched every meeting that I missed the CRA, the pre-consel,
and the council. You get such a different view. I will tell you from watching it and from sitting up here, you get s and I beg my commissioners, I beg my commissioners, go back and review that meeting because you'll understand
maybe some of what you're hearing from the public. Um, I want to mention the retreat because this retreat, one thing that it really shared with all of us is how the people that work here that are
department heads, how they care, how they're working, how for the first time there was a camaraderie where we were all together. And when you really understand the limitations with being able to have the
funds, being able to have the communication. So, one good thing I hope will come out of it is we start with better communication between North Miami Beach City and the public, between department and department, between the
departments and the management and the commissioners, and between the commissioners having an idea 100% of where we are together, not breaking sunshine law, just knowing where we are, whether it's with emails, where we need
to be, whether people are looking for us. I just think that was a good thing with the retreat. I want to also, of course, all the ethnic groups that we're having for this month, all of them. Uh whether it's, you know, the Haitian, the
Jewish, the the Oriental, all the all of them. You know something, this room today shows why we respect and why we honor all of us. cuz everyone is important. I think that was amazing. The
library, again, I can't tell you if you don't go, you're lost. You're lost. The event was extraordinary. She sang for over an hour with four musicians behind her and with a gentleman that sang with
her. It was extraordinary. So, and the movie, what can I tell you? I I tried to tell everybody to learn if you didn't hear earlier, please just find out about the Haitian soup that they have every single January 1st. And the name of it is
if I may, Commissioner. Just tell me the name of the sou. She asked me a question. I'm answering the question. All of us a question. The name I thought she said commissioner. I didn't know. I didn't know. Okay. Subjumu. But it's also available. People don't have to wait until 1st of of January. Every Sunday at the restaurants
they make soup jumu as well. So you don't have to wait until the first. So now you know and and every time you have any soup just think of how how hard people gave up their life to be able to have soup. Um I want to also tell you one very important thing about the
library. They have just got accreditation or whatever it's called that they for health for health they're going to have a separate room. They're going to have professionals there one day a week. If you yourself or you and a family member feel somebody's becoming
having dementia or Alzheimer's and you would like an appointment to go to the library to talk to a professional to for a professional to help you through it, North Miami Beach Library just got the certification to be able to do that and that's going to be
implemented. And the last thing I'd like to do because it's the last meeting with our manager is to thank him and wish him nothing but the best in his future endeavors. Uh you know I always I told him day one
watch what you wish for and it is true that this is a can you imagine having seven bosses. Just imagine that and imagine that every day you go to work it could be something different. the bridge collapsed, the there was a horrible
something with the police department. You just can't imagine what your day is going to be when you get to work. So, you were appreciated and we wish you the best. And with that, I want to thank everybody again and tell them all each and every one of you. It is an honor to
serve you. It's an honor to be back here to study your agenda and to try to do the best thing I can to make a better city, a better home, a better place for you to work. I appreciate you. Thank you very much, Commissioner Smuggler. Well, first of all, I want to thank the
property appraisers office for coming last night. They served over 230 people. That's how many they were able to help. They absolutely want to do this more often and um this is something we'll
decide in the near future how often. I mean they they'll come once a month every six months whenever we want they'll be here. Um Thursday, this Thursday, the North Miami Beach Library at 6:00 p.m. is celebrating Jewish American Heritage
Month. I hope to see you all there. I also hope that everybody enjoys Memorial Day and remembers remember those that gave their lives for our country so that you have a right to sit there and talk and we have a right to be
voted in or not. Um, the summer reading program at the library is Saturday, May 31st at 2:00 p.m. June 11th, the property appraisers office will be speaking to the residents
of Crest View about the different uh they have a few scenarios of um different property tax issues that they're having. So, they will be there in June 11th from 5 to 7. Happy Father's
Day to all the dads out there. Happy birthday to Marlene. Happy birthday to Mario and Mario. Thank you so much for everything you have done in the last two years to make our city better. Happy Haitian
Heritage, Jewish American History, AsianAmerican, Native Hawaiian, Pacific Islander Heritage Month. And um Mario, I have one question for you. A few months ago, I had brought up an item about the gun mount on 195th on
19th Avenue to look into it. Um I'm just curious. Someone was saying that the commission shut it down. That's not true. Can you tell me what happened? Uh no, ma'am. Um we um we started looking at the possible moving and you
had asked that we just um focus on other uh priorities instead. Okay. So I said that yes permission didn't shut it down. Okay. So to that person out there that's always giving misinformation to everybody. You just did it again. Thank you.
Commissioner Sue. Good evening everyone. Thank you for everyone who made their public comments. Um, of course, happy Asian-American, Pacific, and Native Hawaiian. It's funny that we're the biggest population and we all group it into one in one group. Um,
Haitian Heritage Month, Jewish Heritage Month. Um, happy happy all of those festivals to each and every one of the communities. Um, happy Memorial Day, happy Father's Day uh, in advance. And, um, so what I've been up to, uh, in the
past month, I have met uh, there's, you know, I'm so happy. Thank you, Commissioner Jean, for bringing the Beacon Council and like really getting that settlement, you know, that agreement signed because I have been working on something that is going to
help stimulate our economy in North Miami Beach. So, I've met up with the director general Cho from the Taiwan Economic and Cultural Office. I've also met with Council General of Japan, Mr. Nano. Um, and we're trying to meet up
with more. I have met with the Filipino um general counsel meeting up with the Bangladeshi one next. So I'm making sure that I cover all the grounds so that we can find people to come in to our city and um see if anybody else wants to
invest to make our city even more uh diverse and fun to be at and a wonderful destination. So um I also met with Mrs. Hudac Alina Hudachak who is the FIFA Miami host president and CEO. We had a very good conversation. I had I had all
the big guns there with me in our city. Our directors are amazing. So like Tariq has worked on the Olympics in in Los Angeles before. Um Hamid is a very experienced who are supplying water to their stadium uh to the stadium and it's going to be like seven Super Bowls in a
month. So, it's going to be an amazing time and it's going to be a wonderful time because we are going to be kicking off our centennial, you know, somewhere around that time. I don't know yet, but um that is uh good news because I think Alina just got federal funding from the
federal funding. The amount is about $625 million. Uh that's going to be spread out between 11 cities. So, you know, we're trying to we're trying to do everything we can so we can put North Miami Beach in the map on the map and see if we can actually like get a share
of that, too. So, um our wonderful retreat, thanks again to our CFO, Tariq Romani, supported by both, um the ACM and our our city manager. We had a wonderful time because we finally got to sit down and we had we don't have
Robert's rules and we're out of another place uh enjoying each other's ideas and thoughts and sharing them freely. Um I look forward to maybe you know having other workshops that we talked about during the meeting that we had. We think
we're going to maybe add another meeting for the workshop so that our meetings don't have to run so late. Um u my upcoming meetings are of course neighborhood voices for the Allen Park areas that is happening Thursday 29th at
6:30 at the community center. Um I also have the again the UMC free clinic. Okay, we're going to do that again June 1st from 1:30 to 4:30 right behind the tot lot here on behind the police
department. Um remember that um I'm also thinking of working with Commissioner Smith on bringing dental care because I know a lot of people who don't like the idea of not having fluoride added to their water are worried about dental carries. So we want to make sure that we
provide services that will complement that so that you don't have to be worried about drinking water that does not have fluoride added to it. Um, so if you need something urgently there, the UMC free clinic that is located on 99
Northwest 183rd Street in Miami or you can call them at 3059745995. You can make an appointment for a free dental checkup. Okay. Uh, that's it from me. Thank you, Vice Mayor Shernoff. Good evening,
everybody. The retreat. Thank you all. Thank everybody who attended, all my colleagues that gave us a great opportunity to speak with each other. Um, we did not violate any sunshine laws. Let me put that perfectly clear. We didn't talk on anything we were going to vote on. But again, it was a great
sharing of information and ideas of where we all wanted to go. It was great to see all the department heads and have the one-on- ones with each department head. I think um it enlightened me in meeting with the department heads of what they really do on a day-to-day basis and you know how we affect them or
don't affect them. And so I think it was uh you know brilliantly done. I want to thank Brian and Kelly Mer Merlberg or Merber Mergler you know their name. Um they did they were our facilitators. They did a wonderful job and Tariq for
taking the ball and keeping it going so that we did have it. Um, it turned out beautifully and I think that, you know, it should be something that we do more than, you know, not. So, bring it forward again and thank the manager for, you know, supporting it and making it
happen. Mario, of course, we're going to miss you. Um, you know, I hope your family, you know, enjoys having you back cuz we're going to miss you for sure. And, you know, we love you, brother. Um, the Thanks, Fortuna. Congratulations.
Fortuna is a hometown hero again from the Florida League of Cities. Tune to be president. Yep. All right. And then Thank you. Next year. Next year. No, no, no. The the hometown is this year. The hometown hero is with the Florida League
of Cities. Oh, yeah. I'll be president of Miami Day County League of Cities. Thank you. Yeah. Okay. So, congratulations. All right. Also, thanks Fortuna for bringing Thomas Regalado, who is our property appraiser, and saw what North
Miami Beach can do. If you saw the amount of people that were there, it was amazing. Um, you know, that room filled up and they got all their questions answered. Hopefully, they didn't wait too long, but it showed to a county person the power of North Miami Beach
and what we can do if they bring the services to us and we don't have to go downtown. So that was a great thing and thank you. Um I want I'm concerned with you know I appreciate all the people with the fluoride and bringing the fluoride to you know enlighten us and um
question us about it and but my bigger concern is the fake grass in our community. We have a lot of neighbors right now putting synthetic grass instead of their lawns. And there, if the city managers would look up this and
find out about it, there's more carcinogenics and bad things going into our system below it into the ground, which then hits our water. So, it's more damaging than putting the fluoride in that we're putting in. Um, so please,
please, somebody look into it. And in my opinion, it looks horrible. Um, Mr. Manager, please enlighten me. I was of the mind and I think my other colleagues all are too.
What's happening with the um tennis center where where's all the people that were supposed to come back to us already and show us what's going on through the mayor? Yes, please. Um, Commissioner, if you remember, we ended up doing a survey that was then
extended. Um, that has now been completed. Part of the state statute uh requires that the city um have a consultant that goes through this next phase. Um, we are working with the CRA um as they are, um, contributing towards
that. Um once the both legal teams are able to to finalize some some um language um that should be going out uh for for bids. Um and then we'll come back to the commission with uh with their bids. Okay. See see that's where
I'm confused. No. Um as I understood it, we had a conversation up here. We've connect we picked the seven or six, however many there were and said bring them back. let them give us the full proposals and that's where I thought we left it. Yes sir. Um the the bids would
come from those seven if they wish to continue to participate and it would only be those and but there was a survey aspect of it. That was that was the part that was that I missed that part. There was a survey part that's why there were even people were complaining that the survey wasn't as detailed as much but any more thoughts? Uh no no that's fine.
Okay. Do we have No, I have two more things. Oh go ahead. Farm share this Thursday. Please join me on the 22nd. My community meeting will be on Janu uh June 3 at Allen Park also. So Allen Park's getting both of us this month. Yay. Yeah. And everybody, please
remember it's summertime. The news is reporting 97°. We're going to hit 100 soon, very quickly. U make sure your air conditioners are working. For those of you who, you know, want to use our pools, please come use our pools. That's
what they're there for. And everybody, please, if you don't know how to swim, please learn this summer. I don't care if you're a child or an adult, please learn. It's the most important thing you could do living in Florida is know how to swim. Thank you. Have a great summer.
And the classes are free, right? Yes. Yes. Mayor Mayor Joseph. Mr. Mayor, before or after, I I'd like to make an announcement. I forgot. Very important. No, no. Go ahead, Commissioner Smith. Okay. Tomorrow morning's meeting at
10:30 for seniors, our senior council meeting is not tomorrow morning. So if you're out there and you're listening, I hope they gave you notice. It's next week. It's next Wednesday because most of our seniors
are going together on a trip up north and so they have delayed it. So tomorrow morning is no senior meeting. It's the following Wednesday at 10:30 in the Yes center. Every senior is invited to come and be part of that commission. Thank
you so much. Okay, Mayor Joseph. Oh, uh be quick. Uh congratulations again on the hometown hero. Um to Commissioner Smuckler. Also, we do have an ordinance. We do about having how many times each commissioner
can speak. It's an actual ordinance. We voted in twice. Um it's five minutes per. That's it. Like the maximum or five. It's five. No 10 10 minutes but you have five minute bites so no no no it's five it's five and five
total 10 I thought it was 10 it's 10 total can we redistribute the ordinance well I mean I I would like to have the redistributing the order because we passed it so we can like limit the time of going back and forth and I know that was uh brought up during a section but I know we have an ordinance tied to that.
That being said, uh you know, I will echo the same sentiments about all the c celebratory things that are happening this month and wish everyone a happy and safe summer starting off uh after Memorial um day and we're going to move
on to second one. No, go ahead. Um, the city of North Miami Beach along with Coastal is going to put stickers on everybody's can telling you the right position for your cans to be and how soon they should be put back after. And
it's not going to be a sighting by code enforcement if you do don't do it. It's going to be a sighting by the police if you don't do it. So, this is a wonderful program that we're coming forward. It's going to be a sticker on the within the month. Oh, please. Sorry about that.
I'm just curious. The police is going to be doing this because that's a waste of Oh, I'm sorry. Supposedly a code enforcement violation. I really don't think our police should be spending time on that. I think they
should be fighting crime. Of the Right. Well, just know that stickers are going to be placed on on your uh your garbage can on your on your cycling. Follow the rules. Kens back where they're supposed to be. Yes. Who Who told you that about the police?
Commissioner Sp. Who told you that about aspect about the police getting? I thought it was Nicholas. Oh, okay. Um, Commissioner Sue, one last point. Thank you so much. I forgot about this. Um, I've been talking to residents of the
159th Street widening and um, I will be sponsoring a resolution in the city so that we can represent the city residents to speak at the county. So, if you have a grievance, have a thing about the 159th Street, please reach out to me.
Uh, I could so we could, you know, add you to the list, maybe have you help sign a petition or something and so that our resolution will be even more effective. Thank you. And one one I'm sorry, just one one final honor because
uh Mario deserves it. Um the um Mario was named the recipient of the Miami Day County League of Cities 2025 President's Excellence in Municip Municipal. Sorry. Um and so well
deserved. You know, we every year the Miami Day County League of Cities gives recognition and um Mario got that recognition um because actually it was his fight with the property tax with the tax collector office, but that's not why
he didn't show up. But it was uh because because of Mario um our cities are not paying now that what was it 2% about to be like more than half a million. Yeah. which was going to be more than half a million dollars for us and for some
other cities it'd be a lot more. Yeah. So, thank you Mario because you're the one that made it not happen actually. So, thank you. Thank you. Uh Madame Clerk, we are going to I look I you know I got to I got to move
this train the best way I know how. And um sometimes sometimes I'm like the the last and I it doesn't matter as long as the city moves forward. Madam clerk, we have quasi judicial on our agenda. Um it's which is at 10 point move to consent. No, no, no, we're not no. We're not doing consent because we move quasi
uh prior to Oh, okay. Prior to consent. Yeah, but and that's the one thing I wanted to because the consent could be wrapped up now and I don't know if we could just Can we fix that? Like can I wait? Can I Okay. So, can I get a motion that we move forward consent? I make a motion and move forward. Move change the
agenda. Move for um consent up. Do I have a second? Second. All in favor say I. I. Now it's moved up. Move to approve the consent agenda. And mayor, if you could before we move to introduce the consent agenda. Excuse me. Um let me just ask if I could and uh could have
maybe said it sooner, but I'd like to um just defer item 9.4 four about gang task force to the next meeting. We we want to do a little further review on something. So as as amended object so move to um Jay you want to as amend approve as
amended. Okay. So please read on was it 9.4. Do we vote on that? Go ahead. So, we're going to read it at the rest of the consent. Item 9.1, uh, Commission Conference minutes of and and by the way, Madame Clark, if I miss one
of the changes, please correct me. Item 9.1, commission conference minutes of April 15, 2025, submitted by the city clerk. Item 9.2, uh, regular commission minutes of April 15, 2025, submitted by the city clerk. Item three was pulled, I
believe. Um, item four I've just asked to defer. Uh, I'm sorry I said item three was put I think it was deferred. Deferred. And same with item 9.4. Item 9.5, resolution number uh R2025-53, directing that the ongoing
water rate uh study incorporate analysis of current operational costs, future capital improvement projects, and potential revenue loss for the purpose of potential cost savings for North Miami Beach residents. Mayor Michael Joseph and Commissioner Fortuna Smuckler
sponsors a resolution of the mayor and city commission in the city of North Miami Beach, Florida, directing the ongoing water rate study incorporate analysis of current operational costs, future capital improvement projects, and anticipated revenue losses resulting from the city of Miami Gardens actions
recognizing the historic infrastructure investments made by NMB water within the city of Miami Gardens. directing the city manager to identify potential cost savings for North Miami Beach residents, including reductions to garbage and
recycling services and other nonwater utility rates or municipal service charges. Authorizing the city attorney to protect the city's legal interest in connection with any state mandates related to water utility search charges, providing for imple uh implementation,
and providing for an effective date. Item 9.6. Six resolution number R2025-54 approval of a soul source purchase with SECO Industrial Solutions Inc. brought by the water director Hameed Mick found a resolution of the mayor and city commission of the city of
North Miami Beach Florida approving and authorizing a purchase order with Seco Industrial Solutions Inc. DBA Secco He do all for the sole source purchase of degassifier replacement parts in an
estimated budgeted amount of not to estimated budgeted amount of I think it should be not to exceed 162,500 authorizing the city manager designated to do all things necessary to effectuate this resolution subject to the budget appropriations and
availability of funds providing for conflicts for scriveners errors providing for severability and providing for an effective date. Item 9.7, resolution number R2025-55, approving the revision of an existing interlocal agreement between the North Miami Beach Community Redevelopment Agency CRA and the city of
North Miami Beach brought by the chief of staff, Marlene Monestee, a resolution of the mayor and city commission of the city of North Miami Beach, Florida, approving the revision of the existing interlocal agreement between the city of North Miami Beach Community Redevelopment Agency, CRA, and the city of North Miami Beach for administrative
support services and authorizing the city manager to execute same providing ing for transmitt to the city, providing for uh that's a typo, providing transmitt to the CRA, providing for conflicts, and providing for an effective date. Item 9.5, 9.8, I'm
sorry, resolution number R2025-56. Wait, was this budget amendment? It was 9.8. Yeah, that was moved to legislation. Okay. Uh item 9.9 resolution number R2025-57 authorizing the city manager to apply for grant assistance under the
Florida Department of Transportation public transit development program uh brought by the uh interim public works director Kleen Mckenry. A resolution of the mayor and city commission in the city of North Miami Beach, Florida, authorizing city manager to apply for grant assistance under the Florida Department of
Transportation public transit development program to enhance our freebie on demand transit service and reimbursement of such ondemand transit services from the FDOT to the city providing for incorporation of recital
and providing for an effective date. Item 9-10, resolution number R2025-58, authorizing city manager to apply for grant assistance under the Florida Department of Emergency Management Watershed Planning Program brought by the interim public works director, Colleen McHenry. Resolution of
the mayor and city commission in the city of North Miami Beach, Florida, authorizing city manager to apply for grant assistance under the Florida Division of Emergency Management Watershed Planning Program to create a storm water master plan providing for incorporation of recitals and providing for an effective date.
um is 9.11. 9.12 9.11 was moved was moved also. Right. Okay. Item 9.12 resolution number R2025-60 approving a task order for strategic lobbying services with Ruben Turnbull and Associates brought by the
city manager Maria Diaz. resolution of the mayor and city commission of the city of North Miami Beach, Florida, approving a task order for strategic lobbying services in amount not to exceed $75,000 through the previously approved lobbyist agreement and authorizing the city manager or designate to do all things necessary to
effectuate this resolution providing for conflict providing for scriveners errors providing for severability subject to budget appropriations and availability of funds and providing for an effective date. Move to approve a second. Second. All in favor say I. I. Any opposed? None
opposed. Move on to just to introduce resolution number 2025-46. Item 10.1, resolution number R2025-46, consideration for site plan approval and three non-use variances located at the premises, excuse me, with
property address 317 Northeast 168th Street brought by the community development director uh Zafur Ahmed. A resolution the mayor and city commission in the city of North Miami Beach, Florida, approving or denying a variance from table
MU-IB-5. Uh, that's 1B, I'm sorry, 1B-5 to allow for a re rear setback of 5T in L of the required 30 ft approving or denying a variance from table MU-1B-5 to allow for an interior side setback of 5 ft in lie of the required
30 ft. Approving or denying a variance from table MU1B-1 to allow for a 1,13 square ft open space in lie of the 4,52 square ft required and approving or denying the site plan application for
the construction of a 12 unit residential development on a 13,08 square ft lot with 25 parking spaces located at 317 Northeast 168th Street. Providing for findings of fact, confirming the uh expiration and
limitation of approval, way providing for conflicts, and providing for an effective date. Jennings, right? Madam Clerk, please. Okay. Per resolution R95-24, the subject matter of any exarty communication together with the identity
of the person, group or entity making the communication shall be disclosed and made part of the record on file with the city prior to final action on the matter. I've receive I've received dis Jennings disclosure forms from Commissioner Jean, Commissioner Sue, and
Commissioner Smuckler. So, we'll start with Commissioner Florimmon. I've not spoken to anyone on this matter and can make my decision based on the information before me this evening. Commissioner Smith, thank you. I spoke to the architect, Ari, and I spoke to
the owner of the property next door, Mr. Leuen. And are you able to make your decision upon the item based before you? Yes. Thank you. Commissioner Smuckler sent hers through and Vice Mayor Shernoff.
I don't believe I spoke with anybody, but I do believe I can base my information on what to hear tonight. Mayor Joseph, I did not speak to any anyone to the best of my knowledge. Did not speak to anyone on this issue and I can make a decision based on the information presented. Thank you.
Good evening, Mr. Mayor and members of the commission and staff. Uh this is Mr. Mayor. Yes. Um perhaps we should swear them in before they Yes. U anybody's wish wishing to speak on this issue, please stand up and be sworn in that
would be speaking on this issue. Please you got to stand up so we can see you. Mr. Kazan. No, I I just wanted everyone to raise their hand. Can I raise my hand? Okay. Okay. Okay.
Madame clerk. Yes. Do you solemnly swear that the testimony you're about to provide shall be the truth, the whole truth, and nothing but the truth? So, help you God. And your answer is yes, I do. Thank you. Good evening, Mr. Mayor and members of the commission. Uh the item before us
today is u uh is a is a mixeduse development that uh uh is has 12 units in it. Uh it's a mid-rise building. It's got a total 33,248 ft uh building area. And
um one of the things that about this property is that it's a square property. It is an undersized property. it is not the norm of the size uh of properties in that uh in that neighborhood. So as opposed to 130 ft depth uh this
particular property has only 113 ft depth. It's a square property. It has an odd size and because of that there are three variance requests which uh staff has considered. Um uh and that is basically the setbacks on the interior
side instead of 10 ft they are now 5 ft and on the front instead of a 30 ft uh there is a 10 ft on the two road sides and so that with that variance and with the uh variance of the depth for that
particular type of property uh this site plan was uh was brought forward for review and for uh your consideration. So far, do you have the um picture that you can put up of where the property is
in relation to other properties? Let me see this. Okay, this is the um the site plan uh the elevation or the 3D of the picture. And this is the site which is the uh
location uh is uh uh 168 street and uh third avenue. Uh it's on the northeast corner and u right across from it is a pep boys. There's a parking lot uh of the Pep Boys uh and certain and then
there's some residential uh properties uh on uh towards the 168th Street. Um and towards the east there are residential uh units. Uh to the east and to the north of the of the
parcel, sorry. So uh yes. So the to the to the east and to the north are residential uh uh uh buildings. To the west is the pep boys and to the south is also a a commercial uh property. As you can see, this is a a
mixeduse international uh district and uh that's where the the property is located and u uh is something that we are going to be looking at today.
Um the the units uh basically uh are done in a manner that there are there is more open space uh in the interior as well as uh on the edges but on the two interior sides of the property it is only a 5 ft setback. uh within the
property there is um uh uh I guess is open to the to the sky and there's more uh direct uh access to the interior of the property uh from the for the units that are uh built on this uh on this
parcel. Um this building was designed on a on a code that was in effect at the time that the application came in. So even though we have updated the building regulations now uh this conforms to a prior code that was in effect on at the beginning
of 2024 when this particular application was brought in. So it is grandfathered in to the older uh code requirements. But based on that code requirements, they do have uh sufficient parking at one uh parking uh uh space per
uh let me just go to the site that Okay. So there uh there are 15 parking spaces for for the resident uh for the uh for the units and one guest space and one uh uh ADA space. So that's how the
number of spaces are 19 uh for the 12 units. So it meets the old requirement code requirement not the current code requirement but it uh and that's what it is. Um the the height is in accordance with the
uh fourstory height which is the standard height and uh that's uh what it is. Now um I I'm here to answer any questions you may have. uh you know there are certain uh nuances that we have been uh received some feedback
about and we have been talking to the applicant as well as to the uh the residents. Uh and with that staff is recommending that we uh put in some additional landscape uh on the property uh add some additional trees on the two
interior sides uh to buffer this uh the adjoining properties from from this. So we are recommending additional trees on the two sides. Uh we are also uh worked with the architect to uh change the specifications of the paving to more
pvious type of layer as opposed to uh regular brick paving. So that's going to uh basically be uh suitable for on-site percolation and uh absorpt retention of water uh uh on on the property itself. And
um all the trees and the plants that have been there are uh we've confirmed that they are native varieties. So we don't have any uh plants that are invasive or uh not native.
Um and with that I'll I'll be happy to answer any questions. All right. Is the applicant here? Applicant has a presentation. So would you like to present anything before through the before vice vice member for
I want um director I wanted to hear about the residents um that spoke earlier the comment about the shadow and um can you speak to that as it relates to some of the amendments that you just made? um if any um I haven't uh looked at this
uh the shadow uh uh study or the location of their property but we did have a shadow uh study done. Now if from what I understand their property is to the north of uh this property and if they're to the north when the sun is to
the south there is a possibility that the uh the properties to the north will be in shade during the during the time that the sun is moving to the to the southern uh side uh in the winters. And can you speak to to the
variance as as it's infringing on the property? The the fact that instead of a 10 ft there's a 5 ft setback uh is mitigated by additional landscaping and additional trees uh including uh understory trees
which will basically uh buffer the uh these things. So we've basically worked with the developer to add additional buffering between the two properties. So I think that mitigates that impact. Um would you like to we're up to this the um Yeah. Now we're we're
waiting. Now it's the turn for the applicant. The applicant is peace. Okay. We have cuz we sent our but I would like to use the aerial. Could we switch back there? Uhoh.
Good evening, mayor, commissioners. Um, my name is Ariclar. I'm the architect for the project. Uh, my firm is called Scar Architecture. My office is at 2310 Hollywood Boulevard in Hollywood. Um, and some of you may know me as the
former president of the North Miami Beach Little League, which I was my uh my kids and his friends and the and all his friends grew up here and played little league just one block um uh from here at the at Ulita Park. So, I know
the area very well. Um we were asked um we were asked back in uh 2021, we've been working on this project for 4 years to um look at this project and see what we could do. And we were very excited
because we know the lot has been vacant and and has potential and it's been sitting there for a long time and the area could use some improvement. And when we saw that the zoning, there was a new zoning um it's a form-based zoning
and this area allows uh mixed use allows commercial and residential and this is a zoning for transition from 163rd street to transition down to residential behind. So the zoning closer to the main street could be 10 stories, maybe 15
stories. This zoning is only four stories and we're allowed to be four stories. Um, and the zoning adjacent to us to the east is the same. Um, in fact, uh, I don't know, do do we have the zoning map here or we can go back to the
city's presentation. Okay. Can you zoom in to there? So, I wanted to explain that um, again, after many years of being in the little league, we're excited to design this project. Um we had uh the project was presented in front of the planning and zoning board
with a glowing review and approval. They were very excited to see uh such an elegant building in this area that would be developed and improve um the value uh for the adjacent properties. Um the
project is a 12-unit building, four stories. Um and again the reason why we are here this evening is is the way we we understand it. It's kind of a glitch in the zoning where the zoning uh was written for properties in this to be
130t deep but there's the existing properties on this block are only 113t deep. So that is the reason why we have the variance request on the north. Again to the east, um we have uh the same
zoning. Uh it could be commercial, could be residential, up to four stories. Um so since we are we were 100, we were an existing property, we Okay, so this is the um do we can we
have a pointer or no? This is the survey of the property. And you can see where it says vacant, that's the property that we have that we're working on. And the property um to the north and and again the way that we read the code, the
property to the north had to be 30 ft away. The existing building, there's some interpretation as to whether that's the setback or the building. We understood it was the building. And the buildings to the north are 30 and 40 and 50 feet away. Um, but regardless, we,
you know, I grew up in Miami, North Miami Beach, Miami Beach area, and I care very much about the community. Again, I was involved for over 12 years with the with the Little League. So, we wanted to see what could we do for this property. We created their there the 12
units are all three-bedroom apartments for families to move into this neighborhood, which I believe it needs it. Um, and we saw that a lot of the greenery around the property and we developed an interesting architecture.
If you can go to the to the rendering, Adena, we created an interesting architecture that um adds, you know, to the reflects the greenery of the project. We used a green color of paint, night, good materials, modern building
with glass, but also we have these architectural motif of leaves um that go with and not just a generic plain old building to try to maximize the site. Um we tried to give architecture and interest and delight to the property um
to help improve the neighborhood as well. Um we created the building as Mr. Ahmed said um in four quadrants. So it's um we have like a courtyard in the middle to allow light to come
inside and and flood the property, you know, and and allow all the units to have light, not just the perimeter units. We spent a lot of time designing the propert on the north side of our building. There are no balconies, only on the east and the west. Um so there's
going to be no balconies to the north. And um and you can see this in the in the floor plan. It's this is the quadrant. You can see kind of the four units. We also did something very interesting where our units start on the ground floor. So we're not lifting the
whole building and you all you see is parking. We're blocking the parking with residential units as if they were town houses. So you see residential units. The the units can look out and then you come in on that level and you can go upstairs as well. and it hides the
parking and all the services inside. So, we took a long time. We've been working with staff again for four years finding the right solution for this property. Um, and so, um, you can see the buildings the, you know, some of the different renderings that we spent time.
We addressed the corner to make the corner important. We, um, we didn't just make a square corner. We cut the corner on an angle. The balconies on the corner are shaped also in the leaf motif as well. So we tried to give an architecture that uh respected the
community and the area. Um if I go if we have if we can go back to the aerial um and and it's funny I happened to um know uh so hearing tonight at the meeting we had no opposition the whole time um when we were going to planning board and with
staff the staff was all excited about the project. So tonight hearing the concern of the neighbors surprised us. Uh it happens to be that we're we're friends of friends, friends of brothers, sisters of you know of a friend. And um
and so um we discuss we were um we understand that it's their investment property that they that they rent out and it's a long-term thing for them that they're trying to uh to um have value for the property long term. Um but
looking at it, if you look at the aerial above here where Adena's point, Adena's from my office, um staying with us late this evening and you can see that the the property, the backyard of the property is heavily treed and wooded as
well. So there's already plenty of shade there uh uh that's come that's on their yard. So, um, while and in terms of shadow studies, I took a lot of classes in shadows when I was in architecture
school and through the years we've had to do shadow studies. So, the sun is interesting in Miami, we have the benefit, and everybody knows our wonderful hot summers. The sun, not only is it at 90 degrees, it it comes up um
basically east to west 90 degrees and it actually comes forward 105°. So sometime between May, June to September, there's plenty of sun because it's almost vertical and even more vertical. It goes towards the north. So
the time when they would get more shadow from from our building would be in the winter time when the sun is on the south side during the afternoon hours. Um in the mornings obvious it comes in the it comes up from the east north northeast
and comes like this backwards and then drops down to the northwest a little bit offset from east to west. And then in the summertime it's farther e it's more east and west and higher. So um I
understand the concern. Um but we took a lot a lot of effort to make a really nice building, a really nice building for this community and this neighborhood. We spent a lot of time with staff. We feel that we've um we've provided everything that a building
could be on this property. We're hiding the parking. We're hiding the services. Um we're providing residential at the street level to help um with the um you know keeping an eye the neighborhood watch um from the residents. We've
created uh a nice building for the community, a nice building from the from the um for the residents, and we've also given um some of our land on the front on the south side on 168th Street to
provide a sidewalk uh that does not exist. Now, we're adding a sidewalk in the front to continue a sidewalk from the all the way around inside of the property inside of our property. as Adena's pointing out down there. So, we've and we have only one entrance and
exit on the side of Pep Boys. Um, so we've really tried to take a lot of effort to to make a nice building. And I'm here to answer any of your questions um and um um you know, work with uh the
staff and the community as needed. Thank you. Before you start, we have to open up for public comment because it's quiet. Madam clerk, good evening. The floor is open. Please speak only on the item that is being presented before the commission. If you'd like to speak on
this item, please come forward. Thanks again everybody. And you took the oath, right? I did take the oath. Perfect. Uh first of all, thank you very much for June, July, and August. I appreciate that. Um, September to May could be a
problem. Excuse me, sir. Can you please state your name for the record? Oh, I'm sorry. I did that before. My name is Mark Leuen. Oh. Do you need the address? No, you're fine. Um, I know Ariclar. He knows us. We're our families uh have lived near each
other for a long time. We're very friendly. He's a talented architect. He's created a beautiful building. There's no question. Um, it's still encroaching on our property. The trees are full and lush there specifically because they get full
sun. Um, the backyard is nice. It's got beautiful trees. Kids can climb them. Um, those trees will be dead in the winter. They may or may not come back in June, July, and August. Um I saw the the parking and the parking is also a concern to me because of the
the nature the creative nature in which the parking is uh laid out for the units. It seems it seems that it could become inadequate for the units and I'm wondering where the over overflow parking is going to go to. Um because there's a couple spaces over here and a
couple spaces over here dedicated to the units. Understood. But it just seems like when those when those spaces are full, where where are the other cars going? Uh, and I imagine they're going to be on the street. Um, the other point I wanted to raise is we talked about
that the lot is only 113 ft instead of 130 ft, which is just, I suppose, a geographical anomaly. Um, I don't want to have to give up the 17 ft from our property to complete the 130 ft that
they should have had on their property. Um, and then there was some question about whether the whether the code calls for a 30-foot setback or a 10 foot. My understanding was it was a 30 foot that was being reduced to 5T, but I heard you say that it's a 10T being reduced to 5T.
I don't know which is the correct right the back. Right. So, my understanding of the setbacks is still that it's from the property line to the structure. It's supposed to be 30 ft and they're reducing it to 5T and they're going to plant some trees. Although I don't
understand how that's going to happen in 5T. I also don't understand where all the water is going to go um when we get one of our Florida rains in 5 ft of pvious pavers. I just don't see how the drainage is adequate to protect our
property. And I also see that the property is designed in a very creative manner where there's a lot of open space on the inside of the building, which is great, like an atrium. But they've actually taken the setback and moved it to the
inside of the building. So that space that could have been used is now inside the building instead of behind the building where the zoning calls for it. So, I think that there's probably a creative way to solve this where everybody can be happy. I don't think
that it would be a total redesign. Um, but I think that there could be something done to increase the setback between that property and our property. Fine. Thank you. Next speaker. No one has come up. Okay. now comes back
for for discussion amongst we I closed public comic now we're going to go back with us on the commission um Commissioner Smith thank you very much um let me ask you first when you talk about they're going under the old
guidelines of the parking spaces required yes does that mean that we as a commission have no choice but to accept one and a half parking places for a threebedroom unit because we've always said it's very hard to find a half a
car. Number one. Number two, a threebedroom unit there. I can't imagine that the majority of them won't have two cars. So, do we have a choice in that?
The commission uh because of these issues, the commission passed a revision to the parking uh requirements ordinance and so that was done sometime early uh of 2024. But this application had come in before we did the uh those
amendments. But does this application meet the before the three parking places for one and a half? Okay. I I have to tell you, I visualize that people parking all over the street. I don't know if my fellow
commissioners and the mayor has driven past this property. Let me just tell you that uh and in full disclosure, I did sell Mr. Scalar his house probably 40 years ago, 30 years
ago and I did show the Luen's house probably 30 years ago or I showed them homes. So I know both of them. It is a very small tight circle up there where they raise their children together and they they dine together. It is a very
small tight circle but and the project um you know I have to say the neighborhood should be thanking them. They the neighbors should be thanking them. They're going to face a wall. They're going to face a wall on the south side. Okay. Where the electrical
box is where there's no setback. It's just a a commercial building. That's a wall. On the west side it's commercial. The east side has a a structure that's an old structure, a house and there's an
old structure and maybe this is we always talk about having in North Miami Beach somebody that gives us a shot in the arm that gets us started and this building can absolutely maybe be for that whole area the shot in the arm.
This could be the beginning. The thing that we have to work on here is twofold. Number one, uh I I just feel it needs more parking. Period. I don't feel it. I know it because the nightmare we had in Highland Village. I mean, it's reliving
right here. Number one. Number two is he the way the cars are coming in apparently through the picture was the fact that they were coming in from the west side and coming in through the atrium. Is that right? The cars are coming in the middle. How are the cars
parking in the garages or where? I can. Commissioner Smith, um I would like to um uh explain that we have two parking spaces per unit. We do not have one and a half. Okay. I'm only reading what I see. Okay. No, the code was the code is
the code allowed one and a half, but we provided two per unit because we knew that they needed the two per unit. Tell me how they're coming in on that. So they come in underneath. The courtyard is on the second level. The courtyard begins on the second level. So the first
level is all parking, right? Hiding because Yeah. So the so the neighborhood won't see the parking. Okay. And Well, okay. So the what they're going to do, you cannot move it. Squeeze it is what I was a good word to say. Very professional to squeeze
it closer. We're at the minimum. Yeah. like he was saying with the the fact that you were having an atrium in the middle. The atrium's on the second floor. Correct. The atrium starts above. The units are smaller to make the squeezing because you have to have room for the for the um cart. Right. Okay.
So, the notes I made and thank you for clarifying that. Um I only have two other notes. One is on the east side with the 5- foot setback. Has that neighbor been notified and has that neighbor given us any feedback as far as their setback?
the neighbor on the east side. The only uh comment the only comment we got was the uh the applica the neighbor coming in today. Okay. For the So the other question I have and that was a very good question from the Luans when he came up
um was 5T and then you're going to plant these beautiful trees. So you won't 5T doesn't give you a lot of for trunks and the roots and what have you. So, I have a question about that, but I also have a question about the lighting on the north side. How is that lighting going to
affect that resident? and and you know, um I feel very strongly as a commissioner, it it's not an easy task to have people have a a serious concern uh for their property,
but it's also not an a task for a a community to try to move forward. And that's what this project does. It tries to move us forward. And um I mean I'm very supportive, but I have to find out
those answers. What are you doing about the landscaping that you're going to give them on only 5 ft? And what are you doing about the lighting to because um if everybody recall on 163rd Street
facing northeast 164th Street, we have had a resident that has just not enjoyed his home because 163rd Street lighting has ruined his enjoyment of his home. So, I want to make sure that the lighting because we have certain requirements about lighting here as
well. So, I just want to make sure those 100% 100%. Thank you very much. I appreciate if if I may uh to clarify, Commissioner Smith. And thank you for clarifying the parking. Sure. Um, so in all in all our projects we do and uh
especially for you here in North Miami Beach working with staff, we had to provide architectural, civil, phototric, landscape, all kinds of engineering drawings to for the project to make sure everything works. So Adena has pulled up
on the on the screen um if we can show the phototric study which means that we had to calculate the lighting in the parking area and and along the perimeter cuz there's certain minimum lighting we have to meet in the parking for safety and along the perimeter. We're not
allowed to have lights spill off our property. Okay. Okay. We can we have to be up to 1 ft candle to the property line and that's all calculated with engineers and with the lighting companies and we can only provide lighting that will limit the light that
doesn't spill off the property. Okay. So the lighting is is taken is is taken into account. Um and also in terms of drainage we have a full civil engineering and we will not be able to get a permit if we don't
maintain all the drainage on our site. concerned about the drainage cuz I knew about that. I'm more concerned about having the space cuz I know my own trees as they grew the roots and the Sure. And the landscaping was considered with that. We have um elegant trees like in
some of the nicer areas where we do um luxury homes. We have elegant trees like certain kind of palms and bamboo. Simpson stoppers which are certain trees that grow lush but don't need big roots and don't get big trunks. So we there's medium lower trees uh mediumsized trees
trees that fit the right um area that's provided for them. The bigger trees are on the on 168th and face and um and 3rd Avenue. The bigger trees, we even have street trees that we had to provide there. And we're saving um uh like a big
oak tree on the corner. So we even pushed the building back to save that tree on the corner. Well, I will tell you riding past it, I hope they pick up the garbage. I did mention it to the manager that there's a pile of garbage on the west side, but um we just came from a CRA meeting and the purpose of
CRA is to remove blight. I I can't imagine a better example of removing blight than a project like this in that neighborhood. Really, thank you very much. Okay, any other thoughts? Um,
so, um, do you know what the price range will will be at this point, um, for, uh, rentals or is I honestly do not. That's not my, um, business. I I I'm representing I'm doing the design. I'm the architect. So, that's all you're
talking about today? Yeah. I'm not the business person of the project. Ah, okay. Got So I don't know what the price uh uh you know for rent will be but I understand it is it is rental whatever on the market would bear is the owner
here the the owner is here. Yes. Okay. They didn't swear. If if you'd like him to come up and speak we can have No. Come come on up. Come on up. Uh Madam Clerk everybody. My name is Eddie Nakash. I'm the owner and I'm a developer in North Miami Beach for like
20 years. One second. Do you solemnly swear that the testimony you're about to pro provide shall be the truth, the whole truth, and nothing but the truth? I do. Thank you. Thank you very much. So, I'm a developer for 20 30 years. I'm building right now in Miami, maybe 2,000 apartments with him at least like a
thousand apartment. Miami River, 500 apartments and Orlando. We're building projects. Um, going back to my neighbor, which I know exactly where he lives. If you drive, if you drive over there in that corner, it's a lot of drugs in that corner, a lot of garbage on that corner. So, his uh his penthouse is not really
so aggressive talking about um the product we putting in that corner, the product I'm putting in that corner, I'm spending money like if you put in the surf harour building, I can put like affordable housing, 100 bucks a foot, I'm putting $400 a foot, everything contemporary, gardens, state-of-the-art,
smart houses, and we want to rent to a community. I mean like 2,800 bucks a unit, a threebedroom when when a section A like 3500 bucks a day. Yeah. So we trying to help the community in three corners. We have commercial. We have pet boys are there. People hang out the whole day. We have an insurance P. So it's all commercial except my beautiful
neighbor that has beautiful trees like a forest and so there's nobody to bother there. And we have a small house that old termites next door that Yeah. So basically we're trying to do good to the community. I own in the community probably 10 major buildings here from the Parkway Hospital I own all the way
to the the 21101 the storage facility and whatever. So I'm I'm active over here. But did he did you give a did you give a number? You said 2,800 2,800. Is that what you said? 2800. Yeah. For for your ass where they go for like today in the market the house like that like $45
$5,000. If you go in the in the area, people rent studios like like little cubbies and apartments for 1,500 bucks. I'm think a house three story for your family with a garage and brand new state of the art. Yeah. Well, um and then there's and I'm sorry,
sir. Go ahead. No, I'm sorry. Speak to the mic and I spoke to Okay. Well, no, I just wanted to hear about that because that is very important for us to know, right? For sure. Because, you know, 2,800, you're probably in a brand new building or any building that's younger than 5 years old, you're probably looking at a one-bedroom starting at
2,800. Yeah. So, for for that side of town where we want to make sure that, you know, the people who live in that area can also benefit from that building. Um, you know, I just was concerned about what the price range was. So, so that I don't know if you know, but that area today a small house over like almost a million dollars. It
was like back in the day. today like you buy a small house like my neighbor is like 800 700 600 and today a small house to rent is 4 $45,000 over there right it's not like $1,000 we building we're building together with him building on 6th Avenue and 144 North Miami and one bedroom getting proposal of $2,800 from
one bedroom Mhm. Yeah. Well, I appreciate you taking Oh, bless you, sir. Thank you. I appreciate Yeah. And um you know I I really do hope that uh Thanksgiving works out very well amongst all the families that are involved in you know uh um you know just a just a
joke. Um are are you I'm hearing you're uh high tide. Is that true? I I went to Beach High. Yeah. Oh, you did? Okay. Okay. Son, is that is that's my my father was a partner in the Saison restaurant in in Miami Beach. His favorite restaurant. Oh, really? Well, yeah. I'm there like That's so funny.
It's good at least five times a month. My father's one of four boys. He's one of four. He's always telling me it's his favorite restaurant. So when I start We go there. We like to go there for All right. Commissioner Turnoff. Yes. Ari. Um, beautiful. It's It's gorgeous for the area. No question about it. The
question I had was similar, Phyllis, about the parking. If there are three You said they're three units, uh, threebedroom units, right? All of them. So, in the beginning, you're not going to have a problem cuz maybe they're young children. But what happens when they become 16 and have three cars per
family or two cars per family? Two cars, you got two spaces. Yeah. And then how many are extra? Mr. Vice Mayor, you want to answer? There's a We have We were required, like I said, we were required one and a half parking spaces
and we provided two per unit plus we have one guest. Um, one guest total. One ADA. Oh, and an ADA. Yeah. one idea one and one right two extra I when the kids get older I you know it
all depends everybody lives differently maybe they move maybe they stay it's it's not going to affect me it's going to affect him and they won't rent there if they can't right and maybe this is more for younger families I don't know you know I know my family I would like to have a house but everybody's
different I can'tice vice mayor but we provided as much as we could if I may ask through the mayor, vice mayor, I addressed that. I don't think we have the right to change it. Yeah, we don't have the right to change it. We don't if we don't agree with it, we only those people that already had their applications in, they got to go by the
old guidelines. So whether we agree with the parking or not, we don't I'm not saying we have a right to change it, but I have a right to question if it's viable and vote for or against it. Of course. Yeah. So, um I understand that. All right. Um but you wanted to address
it. Yeah, I want to address it. Uh, today North Miami Beach and North Miami became like Manhattan. I grew up in Manhattan and we have condos $4 million and we have no parking. Well, so you want to live in Manhattan, you got you got to it's part of life. You can't, you know, you can't have two worlds. Agreed. Agreed. Uh, Commissioner Sue, final point,
please. Okay. So, um, so the building is going to be 40t tall. Yes. Four stories, 40t tall. How tall are the current trees that are that are distinct? Trees are 14 ft. Okay. The
trees are 12 to 14. No, the new ones. The new ones have to be 14. You're saying the existing the existing trees? The existing trees. There's a few big ones. They could be as high as 30 plus. Especially the one in the corner. Yeah, there there's some big there's a big tree in the corner. and the back ones
based upon the the canopy um they look large and so those canopies are easily in the range of 30 25 30 35 I don't exactly know if in the aerial you can see that the middle is kind of open but
the trees are along the perimeter can you also show me the back facade the the one that's facing the north so the north facade the back facade that's what I was I wanted to look at with and the east one as well. Sure. Let's go to
the So this is this is the north facade. We have um windows on four walls. The center wall is a is the staircase emergency staircase. We're willing to um we're I'm willing to uh add some
decorative features and architectural elements to and green wall to the back to to the staircase wall if if if you'd like if the if the if commission would would like or any other architectural
features that you can think of. But I I noticed that now. But it's because it's a staircase and it's a volume and it looks cool for an architect as a volume. Um, but we, you know, we didn't even make the roofs flat. The roofs are pitched on the corner as well. So, we,
you know, we didn't make it just a simple plane building. Can you go to the east elevation? She asked also Oh, yeah. Because the east has the courtyard going. Yeah. This is the east. No, this is the south.
This is the I think. Yeah. Yes. This this is the east elevation. Okay. It's you can see how it's open. So um the sunlight will go through. It's not a solid wall. You see the center and
um and any rain that comes in in the middle will be maintained in the middle and we'll have drainage in the middle as well. Okay. Um so the this this the house on the east side, right? That small little lot is going to see that. Yes. With the balconies. Yes. But but
that east property is zoned the same as our property. It could be built up to four stories. It could be made commercial office something. It's that's the kind of zoning that it is. There's another variance right there. Okay. Not
yet. I'm sorry. Um, so my question is when when you had the difference of 130 ft deep and then what was actual is 113, how come the variance that you requested was not 17? Was what was the
reason behind that? We worked we worked with staff on a lot of different solutions. This may be like the 10th layout option that we came up with and this was the one that was most comfortable with everybody. And um to me
to to make it work also the density the density requirements um the all all the other requirements that we could meet to try to get the the units and the parking to work. Okay.
Okay. Thank you. All right, that being said. Oh, wait. I'm sorry. One more thing. Oh, sure. Open space. Yes. Okay. So, the open space that we're talking about, so we went we went from 4,000 square ft of open space to 1,000. So, you cut that down by 75%.
Right. We have green we have green on the roof and we made the courtyard in the middle to make up for That's the rooftop you're talking about, right? Yes. So it doesn't like even though we have the courtyard in the middle that's going to have green, it's doesn't count towards that calculation.
I see every every code every city counts it differently and we couldn't count that towards towards that calculation, but we have more we have more green through the center that's open to the sky that would allow the rain to come in and the green. So yeah. Okay, great.
Thank you. All right, that being said, um just an observation. It's the center courtyard that we're asking them to also do some additional mitigation by putting in those previous breaks even though it's not counted but we want to do that additional mitigation to have the
on-site retention of any runoff. Thank you. You actually answered all the questions I had like when we were discussing it on the side. So, thank you. Make sure that Thank you, director. Um, do I have a motion? I would like to ask Mr. Leuen one question, please. Please. Mr. Luen, would that be
something you would want? Is a decorative design on that wall because we right now can request it and and ask the the developer to do that. Is that something that you're you think you would want or you'd rather have a plane?
I mean, it's obviously I would not object to it, but it doesn't address our issues. Can you come up to the mic, sir? Sorry. Thank you. Was he grateful for this? Oh, yeah. Yeah. Sorry. I'm grateful for the suggestion, but it
doesn't address our issues or our objections. I I I understand everything that everybody is saying. Um I have serious concerns about probably between this the sun and the drainage are probably my and the parking
are my serious concerns. I don't know if any of those have been satisfactorily addressed. Um, I guess we won't really know until the building is built and the people move in. I I do have a question though for the builder. And I perhaps I'm out
of order for asking it, but $2,800 a month, 12 units, $33,000 a year. Does that even $33,000 a month? Does that even pay for the property taxes? I mean, is that the real number for what these are going to rent for? Threebedroom, how many bathrooms?
Well, I I just want to say, as you know, in being in real estate, if it doesn't if it doesn't pay, they'll raise the rents. If they raise the rents and they don't get tenants, they'll lower the rents. I mean, I imagine. All right. Move to approve. You live there. Second. Well, did we want to vote and have him
request requiring him to put on the decorative on the wall? Is he making the request for the decorative? No, I'm not making that request. No. Okay. Thank you. Do Okay. Do I have a motion? I'll have a second. I'll second it. Do we do uh roll? Can you do a roll call, please? Commissioner Florian, yes.
Commissioner Jean, yes. Commissioner Smith, yes. Commissioner Smuckler, yes. Commissioner Sue, no. Vice Mayor Shernoff, yes. Mayor Joseph,
yes. Thank you. 61. Uh, next item. Thank you. Good evening, everybody. Good evening. Next item. Qu uh 10.2, right? 10.2. Mayor. All right. Move to introduce item 10.2, resolution number R 2025-61. Second. Do I have a uh I'll second it.
Resolution item 10.2 Resolution R2025-61 consideration to vacate a portion of right ofway abudding the property at Northeast 16th Street and 1800 Northeast 168th Street brought by the community development directors
Muhammad Zaffer Ahmed excuse me a resolution of the mayor and city commission in the city of North Miami Beach, Florida vacating a portion of the originally dedicated public rights away for Southwest Kaligny Way known as Northeast 18th Avenue and Miami Drive,
all adjacent to block 57A and block 58 as shown on the third revised plat of sections A, B, D, E, F, and amended plat of sections
C, G, H, I, and J of Fulford by the Sea, Date County, Florida, according to the plat thereof as recorded in plat book 34 at page 20 of of the public records of Miami Date County, Florida, lying in section 9, township 52 south, range 42
east, city in North Miami Beach, Miami date county, Florida, providing for conflicts and providing for an effective date. Oh boy. Jennings. Madame Clerk. Sorry. Thank you. I was kind of cut off. Yes. Okay. Resolution
R95-24. The subject matter of any exarty communication together with the identity of the person, group, or entity making the communication shall be disclosed and made part of the record on file with the city prior to final action on the subject matter. Um, we received Jennings
disclosure forms from Commissioner Smuggler, Sue, and Jean. So, we'll start with Commissioner Fimmon. I've not spoken to anyone on this item and can make my decision based on the information presented to me this evening. Thank you. Commissioner Smith,
no one. I spoke to no one. I can make my decision based on what I hear tonight. Vice Mayor Shernoff, have spoken with no one. Can make a decision on what I hear tonight. Mayor Joseph, I spoken to no one on this issue and to the best of my knowledge, I've spoken to no one on this
issue and I can make a decision based on the information presented to me this evening. Thank you. Thank you, Committee Director. Good evening. Swear. Oh, can we swear in Madam Clerk? Can you swear? Um, sorry. Can you do the swearing in for the people that are going to speak on this issue? Okay. If
you plan on Okay. Do you solemnly swear that the testimony you're about to provide shall be the truth, the whole truth, and nothing but the truth? So, I help you God. Yes, I do. Thank you. Good evening, Mr. Mayor and Commissioner. Uh the application before
you today is a request for closure of uh and vacation of abend and abandonment and discontinuation from public use of the portions of Miami Drive uh south 15 ft of Northeast 168th Street and 20 ft
uh foot wide alley lying within the limits of this final plat. Uh this is u the Citadel Care Center senior health campus and uh the current use of the property is basically uh of medical uh management and uh
medical services being provided here. uh the the uh after the vacation of the public right away, it'll be a discontinuation for public use and uh it will be incorporated into the plat uh of
the uh of the center and it'll be uh which uh from from the application it appears that they're going to use it as part of their parking uh uh for their uh clients who use their facilities.
Um the the the non uh fee property uh interest sought to be vacated or abandoned does not provide a benefit to the public health, safety, welfare or convenience. The right of way is presently not being utilized as a viable
road and currently serves as a surface parking lot. Right ofway is not included in any street connectivity proposals listed in the comprehensive plan and it received TRAD approval uh compliance with zoning uh land development code and
also the the zoning uh board uh previously approved the item. The review criteria that we looked at was that it provides some benefit to the public health, safety, welfare or convenience. But the overall benefit anticipated to the result from the vacation or abandonment overweighs the
specific benefit derived from the non uh fee property interest and that is to serve senior members of the public by increasing the number of beds provided by uh at the Citadel uh senior health campus assisted living facility. provide critical and essential services to community members
and no interference with existing services provided by the city or affiliated entities and creation of unified and cohesive site for community members to enjoy. Staff finds that the proposed rideway vacation is in accordance with all applicable standards and local,
state and federal authorities. Exactly. The again the review criteria was whether there's any uh negative impact uh on the uh on the on the ultimate use of the property and uh uh if there's any
impact uh on the city uh financial impacts. The staff finds that the proposed ride ofway vacation will not have a negative fiscal impact on the res uh city or result in development that will have a negative fiscal impact on the city as the ride ofway is not being utilized by the city in any manner at
this time. The traffic conditions the propos the proposed rideway vacation will not affect the traffic and circulation of vehicles and or pedestrian activity. The portion of the street were not heavily utilized for uh vehicular traffic previously will not uh impact access to
the northeast 18th Avenue, Northeast 168th Street, Northeast 19th Avenue or Northeast 167th Street. No, it couldn't be. There is no impact on the utilities as a result of the closure of this uh right away. And um
also uh Yeah, the kind of uh there's there's no utilities on this particular uh right away uh that fall within the uh closure guidelines. Um
staff recommends approval uh and uh you know if there are any questions we'll be happy to answer. Mr. Mayor. Yes. Commissioners, are we receiving any funds for it? A
plat as it happens when when we do uh uh at the time of plat the properties which make up the portion of that land give up portion of that property that is transferred to the right of way. So it
stays as a right of way in perpetuity man maintained and managed by the city. So so it was their right of way like like that we give a utility right away in the backyard of our house. So, so this was a rightway in that as a part of the plat in that development this was a
rightway but then it was abandoned was not being used. So that's why when we looked at it we said well it's not being used so we're going to return it to them. So when we return it to them there is no compensation for it. However the benefit to the city is that
now that it is being returned back to put it bigger. Yeah. So it'll it'll add to the property tax base of the of the city. So that's the compensation the city gets not any direct uh compensation. We we can't ask for anything.
Can we ask for anything? Yes, you can ask me questions. No. Can we ask for anything? Is there is a developer here or I mean the property Well, is the developer here? I don't think the developer is here. Yeah. Um, ma'am, no, no. I Well, I have to open up for
public comment. I was just I was going back and forth. So, um, that being said, I want to move um before we get the discussion in front of in front of us. Can I open Madam Clerk, can you open up for public comment, please? If you wish to speak on this item, please come
forward. You have three minutes. I thought that was just for the future. Just for the future when your staff is making a presentation if we can get the pictures going of the the project and I
would wish if you would be listening. Excuse me, sir. Just then wait a minute to speak. Wait until they finish. Go ahead, Mr. Kazan. If if when the presentations are being made, we have the project going there instead of just
reading through a paper and then we flick through quickly, we don't understand what is going on. I know the seven of you probably had the opportunity to go one-on-one with staff and understand, but the people at home for the record keeping for the residents in the audience and at home, we do not
know what is going on. And this is not the first time I saw it at the previous at the previous presentation and we would like to have it more clear, a good interaction. I think um Commissioner Chernoff, you you
raised it. Well, what happened to the presentation? Do we have to say it at every presentation? This is what needs to be done. Thank you very much for having me. Next speaker. We got one more. I don't think he swore
in. Oh, did he did he swear in? Okay. David Zapen, Zap Capital. Uh, yeah. What makes me nervous about these projects? Um, now this is supposed to be a
workforce apartments. We're hearing a lot about workforce in the Sweetwater area. Now, there a lot of people are failing to talk about how it's, you know, all about housing for FIU
students. I presume employees, something I've been on both sides of here. I'm curious, is it for what's left of the NSU um student? I I'm just curious who are the customers cuz what I don't want to
see is that the three bedroomedroom apartments are really for, you know, a a family of two and then the third bedroom becoming an Airbnb. Warren for that one. I mean, if it's a normal rental, fine. But if um
um that was a prior item are the item that was before us is a vacation of a for another property. Is that what you're talking? Okay. Guess I'm sworn that or Yes. Sworn in. You sworn in. You're correct. Right. Okay. I just want to
make sure that we're dealing with with the situation as it is and that we're not just playing nostalgia for what used to be. Thank you. I yield my time. Okay. Thank you.
Um, closing public comments. See none left. Um, Commissioner Smith, you have a thought? No. Um, the only thing is I thought that question bears in mind because this is the second time we've given up a right of way. Well, the third time we gave up
a rightway on um in the industrial area one time and they did pay us. They had taken care of it. They paid us like $5,000. My question is could we even though it's was the original plat
and now it's coming back to the plat could we ask for funds when we're giving a piece of land library if there are improvements on it that require uh you know to be paid for as a part of that uh vacation right away you
could but otherwise there's no compensation. I had a question, Commissioner. So, we had a situation where I think we improperly um requested funds for a rideway. I know that there was a lawsuit, right, that we had to return funds. So, what's the parameter with
that? What's the parameter when it's allowed or when it's not allowed to make that? That was my question. Thank you. Thank you very much. Technically, um we don't own that property. If we own
property and we're conveying property we own to someone, we're entitled to ask for compensation to convey property we own. But when someone dedicates right of way, they don't actually lose ownership
of it. They're giving it giving us the right basically an easement over it to be able to use it for a specific public purpose. When that public purpose is no longer
present, we not can't not only can but really we should say we no longer need this right away. Maybe that it's not going to be used for any public purpose. And at that point, the owners really on both sides
of it get to the midline because it it's their property and the use of it is being returned to them. And Commissioner Jean states it correctly. At one point, this city, I happen to remember that
because it was my client, the city said, "No, you have to pay for this." And then later there was an action against the city saying you had no right to charge somebody to take their own land back. So what Mr. Ahmed says is is eminently
correct. But the city does receive compensation because now it's no longer non-taxed land because it's being used by the city for a street or rightway. Now it's returned to the actual owner
and they have to pay taxes on it. All right. Thank you. Okay. So, um the when when this is going to be built out when when the senior care center is going to be built, it's going
to be built all right. Um, I wanted to ask about the water and sewer impact fees because I think our water and sewer impact fees are a little bit outdated. Um, maybe over 10 years. So is there do
can we like yeah but um this is we're talking about this specific issue like is that but it's not how oh okay meaning I I understand that they're going to annex but we're talking about trying to make you know I get money from that but I'm just thinking about No but like on this
particular issue is regarding the vacation of the particular rightway it doesn't deal specifically toward the building approval. Yeah. With approval or any type of design or any type of like what what the infrastructure is going to be like. So, we just got to cuz it's quite additional. We have to be Okay. Gotcha. All right. So, I'll ask
about that later. Okay. I just want to make sure that we we you know, well, the bottom line is there is no compensation when it is not it is vacation of a land that originally belonged to them, right? No. So, they're just revoking our right to for the right they can build up. Correct. Yeah. I um closing point on my
end. I'm just Oh, oh, yeah. Sorry, Commissioner um Flormont. Thank you, Mr. Mayor. I'm just uh procedurally speaking wondering h how how are we doing this now and not prior to site plan approval?
We we never had a uh a process just earlier this year, you know, we passed the first ordinance about uh right-of-way vacation based on which we got applications. I think this is like the second application or maybe the third but we've done it before. We've
done right ofway vac of alley vacations before but there was no process. There was no pro, right? Yeah. Yeah. That's that's just the that's the you know to me it's just kind of backwards. That's all. Yeah. Being that we've done uh sorry being
that we've done this before we've we've done v alley vacations rideofway vac uh vacations before. I'm just surprised that even though we were trying to formalize a process, Yes. why we didn't do it procedurally first before providing it. To me, it just is very
backwards because what if you come up here and you don't get the vote? Um because everyone has the autonomy to say yay or nay. Although we are asked to vote on what's in front of us. So technically speaking, you know, we just have to vote on what's in front of us. But it's it's a little backwards.
Commissioner, I'm not sure if I maybe I can help, but I'm not sure if I understand what's what's the concern about it being backwards. What's what's your Well, I mean, the project has already commenced, has it not? Whether there's a right-of-way vacation
or not, I mean, sometimes in connection with a project, there would be a right-of-way vacation because it gives them a little more land that they're able to build on because it's not being used for a right ofway. But a right-of-way vacation is not really dependent on
whether someone is developing their property. Actually, the city could or should have a process where anytime it determines it's not going to be using the right of way for the
purpose that it was dedicated for, it should be returned whether they're developing the property or not. Now, that doesn't happen all the time because who's looking out for it? But if an owner who doesn't plan to develop their
property says, "Hey, the original plat shows there being a street here, but that's never going to happen because of the way the buildings have developed around it. I want my property back that I dedicated or my predecessor in title
50 years ago dedicated or whatever it is." Um there doesn't have to be a development related to it to vacate right ofway. If if the city determines that there is no longer a public purpose for the
dedication, it should be returned. Even if you're never going to build on it, maybe you just want to No, no, I I completely understand that. I guess what I'm uh what I'm asking is there is a project. A project is Yeah. So my question is for uh for you uh Mr.
attorney. Um, procedurally, does a right ofway have to be vacated prior to the approval of a site plan? No, it doesn't have to be, but you can't be saying, "I'm going to put part of my project on this right of
way unless the right of way has been returned to you." Now, if you don't drive ran straight through this whole thing, am I not am I mistaken? No, you're right. Miami Drive ran straight through the uh this this project. I mean, if you if you if you look at Miami
Drive, it's it literally ran straight through the project. So, that's that's the only question I have. Yeah, that's a that's a legacy project. It's been there for many years, right? It's so Okay. If you didn't need it for your project, if it was just going to be an extra, you know, strip of land there or some
additional uh setback or something like that, you could do your project without the vacation. take the vacation later. But if you're if you're planning on doing something on it, well, yeah, then it then you're exactly right. It has to relate if you're going to use it.
Absolutely correct. Okay. Thank you, Mr. So, that being said, um do I have a motion in a second? Motion, a second. Uh Madame Clerk, do a roll call, please. Commissioner Jean, yes. Commissioner Smith. Yes. Commissioner Smuggler,
yes. Commissioner Sue, yes. Commissioner Florimmon, yes. Vice Mayor Chernoff, yes. Mayor Joseph, yes. Passes 70. All right. Next item is 11.2. No, it's No, no, it's um it's a 9.8. No, it's
it's 9.8. Yeah. Yeah. 9.8. Oh, I'm sorry. Okay. Yeah, it's 9.8. Wasn't it supposed to be Okay. 9.8. 8 moved from she's she's okay 9.8 yeah yeah 98.8 okay no I'm my mistake I we're
not on the 11s we finished the tens that was my error we move two items 9.8 and 9.11 yes to legislation to be the pri so it's 9.8 made. Sorry. Move. Did I have a motion to introduce? So move. All right.
I have a Okay. And was there a second? May. Do I have a second to introduce? We were supposed to move traffic calming to before quasi. Well, no. It we we're closing up the agenda. We move. This item is pretty quick. Mr. Mayor, can we
just hear the traffic, please? Very quick. Okay. Which item is that? It's a discussion item 15.3. Okay. It's which number? N. Okay. So, just so we can be clear. Okay. But pri prior
before. 9.8 is the one we're talking to. So, move for I have a motion and a second to to read it. Please go ahead. 9.8. Okay. Item 9.8 8 resolution number R2025-56 approving a budget amendment to fiscal year 202425 adopted budget to
fund the comprehensive plan update brought by the community development director Zafar Ahmed a resolution of the mayor and city commission of the city of North Miami Beach Florida approving a budget amendment to the fiscal year 202425 adopted budget for the comprehensive plan update and providing an effective date.
Good evening madame mayor and uh members of the commission. Um we are uh starting a process of uh updating our comprehensive plan for which we are kind of like short on our funding because of uh reconciliation process that's going
on and because of that we need $228,000 in general revenue for which we have put in this request and uh I'll be happy to answer any questions you may have but uh this year is an exciting year for this uh uh activity and we look
forward to uh your participation in I know. Okay. That being said, it goes before the commission. Um, Commissioner Sue, you the one that pulled this? Yes. Um, so I'm looking at the at the final approval of the ARPA funds, right? We had already allocated I'm trying to look
for the exact number. I think it was 300,000 and we allocated that fund from ARPA. And then now is this 228 is part of that 300? I mean, what's the
Mr. Manager, go ahead. So, the the finance department um is still reconciling the general ledger um um and the project ledger which was approved by um by the commission. Um because that process is still ongoing. Um we haven't
been able to issue purchase orders against that. This is a time-sensitive project um that we have until April to complete and um and report back to the state and so um we don't have the luxury
of waiting for the that process to end um and then starting um the the comprehensive plan. So we're shifting the funding uh from ARPA to general fund. shifting from ARPA to general fund can I
I don't uh so what I understand is we get $21 million right into our coffers that's already transferred to us we had two tranches right the first tranch is before your time and then the second tranch is your time am I accurate on
that one 10 million yeah okay so basically 10 million and change is actually under under your watch so um we have that 10 million sitting there so I don't understand what the weight is about. It's about did we spend all the
money already and then we didn't have enough for the comprehensive plan or what happened? Um the general ledger um was never updated um with the different allocations that the commission would do over time. And so to move forward, we
need to have money within certain um accounts. And um that's still in the process of being corrected by staff at this moment. All right. What what is there to correct? I'm sure the CFO can come and explain it.
Okay. You want me to Yeah, if you can be brief, Mr. CFO, please. Yes. Sorry, what was the question again? Commissioner Sue wants to figure out why. I want to know that look, we had allocated funds in line 146, right? final allocation was
$350,000 for this comprehensive plan and now instead of using the ARPA funds we have to take general fund out to pay for it. So I want to know what happened to the 350 that was allocated from the ARPA fund that we have to come to the general
fund is that is this actually a legal use for those funds or I mean not I shouldn't say legal. Are you saying what what are you what are you No, I'm not saying that. I have not. That's what those are those are some serious words. No, no, no. Sorry, sorry, sorry. Okay, so I I I is this is this a an approved
fund that could be appropriate appropriate fund for the ARPA for use from for use of ARPA funds? Correct. So um when I joined the city in December 7th, I think December 17th, there was the uh uh the the report the staff
report that had the a resolution with the an allocation of project as well as their appropriation explain also what happened in phase one some project was under and then the allocation from under spending to some of the projects. So we took it
over. There was a um the first quarter submittal to the treasury. We met that deadline barely the next day. We missed it by 24 hours or maybe the weekend if I remembered. So we start looking at the accounting of the fund. So the
accounting fund uh and the monitoring uh our first assessment that there is work to be done accounting cleanup and uh I can't really tell you now in terms of this money exists or not. So the issue
is not that the ARPA fund is not uh available. If you remember the treasury sent the two trenches of money to cities in advance through trenches. Uh so the money exists but there is guidelines from the treasury in terms of when to allocate the money and also when the
deadline to appropriate the money. The appropriation of the fund you have to have the contract and the PO by December 30th, 2024. If you miss that deadline, then you have to work through other mechanisms of of doing that's what's being done. Uh in the case of uh uh my
colleague Zafar and the the comprehensive plan, he was allocated $300,000, but when we looked at the fund in the financial system, u there wasn't the regular monitoring, I will say. So there was spending in that
account. The account did not have enough fund for it. Uh so uh I'm working with the city manager. I don't want to complicate the issue that because it's really complex. The complexity of it is not that the fund is not available. It's the monitoring of the fund that needs to
be updated. Um we will update that in in the next meeting. We are going to present to the commissioners the project that are going to move forward and the project that are at risk. Uh so for now for this particular plan for Safar the
ARPA does not really exist in the GL account. Okay. Um um Commissioner you had a thought so we can Yeah. And just for the sake of time um if this is something that we really need but I would say that I've been asking for the ARPA reports
for some time. So if we can get a time certain on that but I think we should just move this item along with the urgency of the item. Got it. Yes. Do I have a motion and a second? Motion. I have a second. Second. All in favor say I. I. Passes unanimously. Next item. We will have by when will we have the ARPA
report? Yes. Uh been working with the city manager's office. We're targeting the next meeting in J for a complete brief. Next item is 9.11. Yes, sir. Item 9.0. Would you motion? Do I have a motion for to introduce? Move to introduce 911. Do
I have second? Resolution R 20225-59. You didn't get a second. I'll second. What is it? Okay. Item 9.11, resolution number R2025-59, appointing Andrew Placket to serve as interim city manager effective June 14, 2025. Sponsored by Commissioner
Lin Sue and Vice Mayor Jay Chernoff, a resolution of the mayor and city commission of the city of North Miami Beach, Florida, appointing Andrew Pkin to serve as interim city manager effective June 14, 2025, authorizing the city attorney to negotiate a contract comparable to that of the current city manager and providing for an effective
date. Commissioner Lou, you have uh you have an amendment. Please add your amendment. Yes. Thank you. Okay. So, um so I I'd like to add an I I'd like to amend the June 14th date to May 21st, 2025. Do I have a Do you have a second?
Second. Okay. As amended. That's as amended. As amended. Um city attorney, is that sufficient enough? No. No. I have to vote on it. You have a motion to amend and a second. Now you have to have discussion on the amendment and you either vote the amendment up or now we're going to we're going to vote on
the amended resolution. We have a motion and a second the amendment to the resol amended to to the resolution and then we can once we get to that we can also discuss the resolution in of itself. So that being said all in favor say I. I.
Any oppose? All right. I oppose. So two two three three. You may want to do show hands. Okay. Okay, let's do a roll call real quick. Commissioner Smith, yes.
Commissioner Smuckler, no. Commissioner Sue, yes. Commissioner Florimmon, no. Commissioner Jean, no. Vice Mayor Shernoff, yes.
Mayor Joseph, yes. As as amended. So now we're voting on the resolution as amended. You're in discussion on as a discussion. So um com we'll we'll start the line commiss uh commissioner turnoff since it's go down.
Very happy to put it our interim city manager Mr. Andrew Platkin. Look forward to it and look forward to it not to preclude him from if he wants to put the application
in for permanent. So, I think that's in the language and um I want to make sure that's in there. Commissioner Sue, go we're going. Um Okay. So, this we're speaking specifically just on this. Yes.
Okay. Uh yeah, congratulations to uh Andy. I I look forward to working with you and uh thank you Mario. So, Mario Diaz for your service. I know you've put
in 125%. So, thank you so much. Commissioner Jean, congratulations and I look forward to continuing the great work. And Mr. Diaz, thank you for all the amazing work that you've been through to this city.
Mayor, we're in discussion. Yeah, we're in discussion. Mayor. Yeah. Let me just point out that, you know, since previously you'd asked um the existing city manager to extend to a date certain, you have to somehow do something. Well, this is
this is going this starts tomorrow, but we I I believe we should have a discussion subsequent to this particular resolution if it passes to discuss that. So, go on. So you're so you're this so this means which I'm very happy that Andy um is our man our interim
management starting tomorrow. So that means we're paying Mario until June 13th because that was the date that he gave us. That's a separate a separate discussion. We're just talking about the tomorrow. But we will have I don't think it's a separate discussion. I think it's the same thing. I agree. Can we combine
them? Well well I just want to keep this clean. I will let's just I want to keep it clean. I want to keep it very clean and then we'll discuss um um commissioner I mean manager u Diaz um aspect on this a depending on the vote. So commissioner smucker I said what I
had to say it's I just I I just want clarity and uh this has nothing to do with um with Andy. Andy knows that um I fully support him um becoming our interim city manager. So I look forward to supporting you in that uh in that manner. Um, I I
just need clarity on the uh manager's contract and how this act would play a role in his in his contract. Number one. Number two, I don't see how these things are two separate conversations. If we close the door on his
um his uh termination, not termination date, but his his separation date, then in essence, are we terminating him? Yep, we Yes, we are. Well, I mean, the You guys are just fired him. Just so you'll know. You can So you can get you can get
the 20 because you just fired him by changing the date. Yes, you did. I just want to make sure. First of all, um this it's better than saying something's illegally being done in the city. Well, if I may, if I may. Um I just want to make sure that we do
this. Okay. So So So just to be clear, just to be clear, just to be clear, the question Oh, go ahead, Mr. Mayor. Ben, after you're done, I'd like to hear from the city attorney. No, no. I And from a procedure standpoint, I just want to make sure that city city attorney, right? Yes. Um the resolution as it as
it is now is amended to start to would be amended to start for tomorrow. We still have um up until that point um manager Mario in that interim basically, right? I know it's a small amount of time, but it is still there,
right? Correct me. at least till I guess two. We're not we're not going to have we're not we do not have two managers currently. What I'm saying is that we haven't even voted on anything. But what I'm saying is that can can we have the can we decide to vote on this particular issue and then discuss um what we how
how do we resolve the the um Mario's u situation subsequent to that separation sub can that be done because I just want to like I said you know this wasn't my resolution. I'm just trying to like mitigate this, please. Thank you.
Um, you have broad discretion and you certainly have the ability to vote at any time regardless of anyone's contract. You have the ability and in fact the
responsibility to be sure that someone is designated to carry out the responsibilities of being city manager which is required under your code. Now having said that
um while you certainly can say who will exercise those duties and beginning when so yes you can vote to do
that but that does not resolve the question of the contractual status of the existing city manager. That is an open now you got to let me
finish. That is an open question because the gentleman has a contract. That is different than who will exercise the duties because someone must if you know you you can't not have
someone to exercise those duties at any time. But doing that which is your obligation under the code is not the same as the contract issues and
this amended resolution does not resolve the contract issues. So having said that can you well you certainly have the ability to designate who will carry out
the duties but understand in doing so you are leaving an open question as to the contractual status but yes I think the answer to your question mayor is that
you can designate who will exercise duties but understand you're leaving kind of hole in the contract and that's what I'm I want to resolve depending on how the resolution is handled. Commissioners said to you yes so you didn't you Mr. attorney, you didn't necessarily answer the question, right?
So, if you change the date, what happens to the current person that does have a contract? Does that mean that that contract is severed or does that mean that I I don't think I got a different question than what the mayor asked me? The mayor asked me, can you vote on
designating a different date for someone, in this case, Mr. Potkin, to exercise the duties? The answer to that question is you have an obligation to be sure that someone's doing that. But doing that does not in any way resolve
the contractual, right? So technically you have two managers. If so, if you have say no, no, you have someone you have someone that's going to continue the duties, right? Exercise exercise the duties, but there's currently someone with an active contract, right? So if if
we decide to change the date of the person that will will continue to work, what does that mean for the individual that currently has a contract? Well, that's a different question. But um to answer that question, which was
the mayor said, can you Desi? Yes. The answer to that I think is yes. But you create an issue. the issue that's created. Um if you I mean to try to answer your question um I think if you have requested as you did that someone
give you notice beyond what they were required to do in their contract and and that was agreed to and now you're not doing that. Um, I think that probably not clear and it was not the
question I was necessarily prepared to answer and sometimes I have to actually think about these things. But that said, I think that that probably does constitute a termination. So, Commissioner Smith, Commissioner Smith, thank you very much. I madame clerk when
they asked the manager to stay for the additional two weeks was a vote taken or was that the mayor said I have asked the manager to stay two weeks and Mr. manager agreed. Was that a vote taken by the commission?
Uh I have to look back, but I believe that was a No, that was a that was that was a consensus. Yes. So the the the Okay. So then I think that we have the problem and the reason I voted yes for
me personally I think we should continue with the current manager we have and I'm going to not support changing the date. However, the problem is we're like in limbo. And that's a big problem because
we have a manager, but the manager really has one foot out the door. And I don't mean it in a derogatory way. I mean he is going on. And so as a commissioner when you you when you're
making decisions when you're doing research when you're asking for the them to find department head answers you're kind of in limbo. So that extension of the two weeks I didn't understand if somebody says I want to leave why are
you keeping them two more weeks? You still have to make a process and get somebody else. So sitting and watching it I didn't understand that at all. But you were because now I so now we're here worth of space and I I feel strongly
that we would absolutely have a contract with the current manager. There's no question if that was a consensus that was done then that's the date because he's made his plans based on that date. So I'm just saying to the public that
it's not has nothing to do with e either gentleman. Nothing nothing personal. nothing. It It's a question of being in limbo of ahead to run everything and I I find it very difficult. I do um I'm
bothering constantly the um interim manager and at the same time I definitely don't want to leave out my manager. So today I had both of them pulled in in my agenda review and that's
the way I've been doing it. I don't want the manager to lose what his title is and yet he he's the authority is going to be passed on. So it's a very difficult position. I don't know what was thinking two extra weeks I'm going
to live with it because I think that's the right thing to do. I think the man made his plans based on that. But whether we have got to also tonight and it's going to get late, we have got to decide what are we going to do to get a
permanent manager. I've been through this too many times. Are we going to go nationally? Are we going to go state? Are we going to go locally? Are we going to have an outside board that's going to narrow our applications? We haven't even had a board to meet, Mr. Mayor, to decide how we're doing it. Wait, wait.
No, I am not going to support this. Okay. Um, this is as the maker of the motion, one of the makers, right? Okay. The intent is to appoint the interim manager. If we pass this and the next step is to decide
what to do with the manager. That was that's what I that's what I assumed from my understanding. That's basically it cuz we didn't h we didn't we didn't appoint anybody for intro. like we're going to have the next meeting like the next meeting is when the 17th or
17th of June those two I'm looking at it from a from a timing standpoint right so I understand the point of view of uh um the mo the makers of the resolution I get that but like how that that we're in this gray area period and I thought we
would try to resolve that because I saw u you know um an original resolution that kind of spoke to Yes. that spoke to um the the current manager and his standpoint of how to resolve that. Y So
now that was removed and it creates this like this weird situation, right? Well again we have to address it. What do we do? We either pass it or it doesn't. Commissioner turnoff. If you failed this then commissioner point m
through the mayor commissioner turnoff there was a resolution on the agenda that resolution whether it had support or didn't have support from the public opened up the conversation to deal with what you're asking to deal with right now because it didn't have to stay the same. It could have been changed. Things
could have been adjusted but it was pulled. So now we're saying oh no let's vote on this and then let's talk about the manager. It's still the same conversation about what are we going to do with the manager and whether or not we're going to uh provide him with some
form of a um after the fact severance or some sort of after the fact consulting or it's still that same conversation, but there's no resolution. You pulled it. So, you know, I just thought that issue was going to be dealt with. I'm sorry to jump in, but to Commissioner
Flurmont's point, mayor, you asked me, could you deal with appointing the interim now and changing the date, and I told you yes. That was the Having said that, I want to be clear though as to Commissioner Flurmont's
point. I said that they are related and it does doing it that way does create an issue. I don't want the fact that I answered you that yes, you can do that to imply as to the point that Commissioner
Flurmont just raised that you can't amend the resolution appointing the interim manager to address the issue of the existing city
manager who is still your manager as of tonight. you you you can do it as you asked mayor but that doesn't mean you have to do it just that way and yes you could amend it and you could have them so we could as part and to your point
right you can amend this particular you can make an a you can amend this resolution to to address the issue in regards to um the resolution that was removed or whatever and incorporated in this based on consensus you get what I'm
Okay. So, if you want to do that, it's that's up to that's up to your that's up to your providence. So, that's what I'm saying. We can resolve all of it in one fell swoop. Mr. Mayor, may I Okay. I'm sorry. I just was I'm just trying to I got No, no, because I want to make So, I I have a I have the perfect proposal,
right? Because I did see the resolution that uh Mayor Chernoff actually withdrew. Mayor, sorry, Vice Mayor Turn. It's a am I foreshadowing? Um anyway, uh okay. Uh Vice Mayor Turnoff proposed
I think that um I the the the manager had already resigned. Okay. There we can't terminate him after he resigned. We just went through another contract that we had that situation happen. So it's that contract has
already been the mayor the manager had already resigned. So I'm repeating that three times. I I'm sorry. I I'm sorry. I I have to disagree with that statement. I disagree with that. The fact that the manager has resigned effective June 13th
does not mean that he cannot be terminated sooner. And in fact, I would tell you that if you're relieving him of his duties prior to that date, that probably does constitute a termination,
right? So, if you want Wait, hold on. I'm not done with my thought yet. Excuse me. So, what I'm trying to say is that we wanted to give him a severance pay. Well, the the former resolution wanted to do that. And I think the perfect
option for this is to have him start to take an administrative leave, which is not a termination. It's to give him an early vacation. There's we're having this is the exact same. The thing that Phyllis said was exactly how I feel. I
don't know. Should I be calling Andy? Should I be calling Mario? Should I call them both? Do I need to notify someone or email them and copy them, copy each other? I'm in limbo. Forget about I don't know about how staff feels. I feel like I'm in limbo. I don't know who I'm
supposed to talk to and I feel like I don't want to over, you know, overburden the manager who is now leaving. you know, it's like it's all of this stuff. So, with that said, I think that if we just give him an early time off and then
whatever pay that he deserves has acred in vacation, sick time, whatever it is, like we take care of all that and he could have an early leave and um be on a misery leave. Now, Mr. Attorney, what do you think about that?
Well, I've had the opportunity to look at his contract. I think, you know, as long as the language is, is the city manager willing to perform his duties? And there was a date of um after which if he is
relieved of duties prior to that time, I think it constitutes a termination. So, you're saying me putting him on administrative leave ex constitutes termination? This is constructive. as I read the contract. Yes, that's what I
think. I consulted with my my colleague. I request that the maker of the motion withdraw the motion or I or we take a vote on it. I'm I'm making a motion to put him on administrative leave and it's basically a constructive termination. Basically, I think it is,
mayor. All right. You're making a motion to do what? Leave is is constructive. It's a constructive termination to terminate him so that he can get the seance pay. What? Right. Well, if she terminates him, that means that he gets his severance pay. No, you said administrative leave. I'm saying
administrative leave just like So, I asked him if it administrative leave means that and therefore if it does mean termination, then let's not do it. I didn't Why are we opening this Pandora's box? What are you do? What are we doing up here? I'm not opening it. You
definitely are opening something. Listen, let me tell you something. There's a motion to ask that is to interpret by city attorney as termination. Um, that's a
motion. I may not. I have a I'm going second that motion. We can have we can have discussion on that issue. Okay. Mr. Mayor, Mr. Oh, unless are you have you withdrawn your your prior Yeah, he can. Because I that's what I assumed that you were you have you withdraw it?
No, I haven't. Again, guys, how are we making a motion when we have a vote on the floor? No, no, no. Commissioner, move forward. The what we're all missing is a month ago, our current manager told us that he was
stepping down. He gave us a date certain. We haven't discussed any of that. We haven't discussed this the the process of replacing him. We haven't discussed the how we're gonna, you know, this is the first opportunity to say that we want Andy as the interim. That's
why it's on the agenda because we have a month that's gone by that we haven't discussed anything. Correct. Okay. And that's why we're we've got major discussion. Okay. But but just so we can so we can be gerine to the issue. This is what I'm saying. Um now you made the
motion. Commissioner Commissioner um Smuggler has a competing motion. She's she from what I was told she she heard that you pulled back your motion so we can have at least a discussion. I never so you can have the discussion. Go ahead. So you pulled it. You're pulling your motion. Oh, now we have a mayor. It
was Commissioner who made the motion. Mayor. Yes. I didn't put a motion in. I asked the attorney. Excuse me. Mayor. Yes. Well, commending concern that I'm hearing that
like to address, please. And let's make sure we clean this up. ity please do. Okay. There Commissioner Smith Commissioner Smith is correct in that there is a pending motion. The
motion was No, we it has not passed. It has not passed. There is a pending motion which is what you said. Commissioner Smith, let me say what I have to say. Please, I'm agreeing with you. Take yes for an answer, please. Commissioner
Smith, what I agree with you. There is a motion that was brought that was on the agenda and there was a motion a subsidiary motion. Okay, let's get technical here.
I try not to, but this time we need to be. a subsidiary motion to amend the motion that was brought that passed 4 to3 with your vote in the affirmative.
Commissioner Smith, the amendment passed and what is before you is the amended motion which has not passed or been voted on. It is subject to discussion. Right. I did just advise
you when Commissioner Fleurmont also correctly raised that this leaves kind of this gaping hole and I gave you an opinion that I you know set forth to you and frankly in consultation with my very
able partner that the way it was put forth would constitute in my opinion a termination in our opinion. Now, having said that, I also said that while I answered the mayor's question in the affirmative
that yes, you could simply vote on who will exercise the duties as manager because someone must and you get to designate that from minute to minute because somebody has to do that and that's does
not deal with the issue of the contract status of the manager, which Commissioner Flurmont also pointed out correctly, but I made a point of telling you you could amend
it and it would seem to me that one could view what Commissioner Smuckler brought as another subsidiary motion. motion in the nature of
amending the amended motion that is now in front of you. I hope that's clear. Well, I have a question. We There was a motion. The first motion was to The first motion was to appoint Mr. Plin
effective tomorrow. Tomorrow. Well, that wasn't the first motion. You're right. But then it was that was an amen to appoint Mr. Plin. Yes. Effective tomorrow and that passed 4 to three for
discussion. The amendment amendment pass but the amended motion has not been voted on. Correct. So now we have before us an amended resolution based on a new thing. No new
thing that we have to vote on. It's before you. He said it's before you. It is pending. That is the pending we've worked on motion as amended. We didn't pass anything. Okay. So, we're voting. What are we voting for? Repeat what it
is. So, right right now we have an amended we have an amended right now. We have an amended resolution because the only thing we've changed prior to pri uh um when it um so far so far was just the date. So, right now we just have an amended resolution. We have not voted on
any action as of yet because we haven't voted on the amended motion. Subsequent to that, we had a competing motion from Commissioner Smuckler saying I want to do X. Now, the question I have before you, how do we deal with those competing aspects? That's what I'm saying. when
there's a motion on the floor and you pointed out correctly, mayor, that there was discussion about whether that motion would be pulled, but it was it let me say it has not been withdrawn as of this point. Right. The question then is you
have a pending motion as amended. You can't just ignore that and move to a different one. But perhaps Commissioner Smuckler wishes to
state as I said you could deal with the issues that Commissioner Flurman raised there are out contract issues and perhaps Commissioner Smuckler's idea could be brought as an
amendment to the amended to the amended motion. right? If she chooses to do that, but she's not compelled to if she wants to simply wait and bring that back after. But there is if you
relieve the manager of his duties while he is willing to perform them, I believe that is a constructive termination. Could I ask the attorney two things, please? Number one is did does that require a second? When somebody makes a
amendment to a motion, does that require a second? That's number one. Because there was no not even but not only has there not been a call for a second, but if I mean, Commissioner Smuckler cannot
be compelled to bring that as an amendment. That's up to her. If she wishes to offer it as an amendment and the mayor question was required second Okay, now wait a second. I didn't second it as an
amendment even said it. Wait a minute. My second question. I'm not at your second question yet. Let me finish answering. I I heard you. I understood it. I'm glad you did, but maybe everybody else didn't. Um the fact is that whether the mayor intended to
second it, it was not brought as an amendment. So unless she says it's been intended to be an amendment. Now wait a minute. I want to know if I can withdraw my I want to know if I can withdraw my on my Yes.
I want to withdraw and make it a no. Can I do that now? Not the way you say it, but you voted on something. Yeah. on the prevailing side. Okay, you as someone who is on the prevailing side
can move to reconsider the previous vote because you were on the prevailing side. Okay? And if you move to reconsider it, anyone may second it. Okay? And at that
point, you have to vote. Yes, if you vote, it doesn't mean that the opposite occurred. It simply means that if you vote to reconsider and it passes, it still has to have a majority. I understand. But if
it passes, when you reconsider, it undoes the previous vote to in support of amending the date. It undoes that, but it doesn't mean the opposite
happens. It just negates the previous vote for the amendment to pass and you're back where you started. Okay. She would then move forward with that. Okay. So, I'm I am I'm making the motion to
reconsider because I was on the winning side the last motion, the amendment. Thank you. Do I have a second to do that? He asked for that, not sure. Do Oh, yeah. Do I have a Is there a second to that particular motion?
Can the motion be repeated again, please? The motion be No, no, no, no, no. The motion by Commissioner Smith, as somebody who voted on the prevailing side, is to reconsider the
vote on changing the date on amending the resolution to change the effective date of the appointment of Mr. Platin from what it specified, June 13th to May 21st. That motion does require a second
which is called for by the mayor and then you can discuss whether you want to reconsider it and then you move to a vote and majority prevails. Okay. So what's the new date? No, there's no new date would be the old date. That's what
I wanted to make sure. We will be undoing. Yes. Okay. Correct me. Any Yeah. Which is three. Um that being said. Okay. Okay. So, I got a motion and a second to undo. Second to reconsider to reconsider the vote on the amendment.
Okay. All in favor say I. I. I. All right. So, we're we're back. We have to call for square one. Oh, no. You want to do a roll call? No. No. Mayor, so Commissioner Smith made the motion. Who second it? Um, Commissioner Sue. Wait, no. No. Who? Who second it? Did you
second it? Um, I second. Okay. So a motion to reconsider by and second by commissioner um turn off vice vice sorry vice vice I apologize Jay um and we I and I said all in favor say I
we all said I now that now we're back to square one right now. Commissioner Smuggler now because now that we're back to square one. Commissioner Smuggler, do you have a motion? Put the manager kind of to put the man Well, I never thought of I never even
knew we could put the manager on administrative leave until Commissioner Sue suggested it. So, um I you know that's the Nobody's saying that necessarily you can do that. Okay. But because it might in my opinion, I think
it's still if you do that that's constructive. So now I'm you know you can permanate. So I second that. Now we're on discussion on that motion. Okay. Okay. Mine just I would have a comment
when you're ready for me. Okay. So now I'm going to I'm going to because I'm trying to reel this in right now. We have a motion for constructive um to put the manager on a constructive leave to put him on leave which is a constructive termination as of when? A as of I I guess tonight I I guess from my
understanding. So now we're going to As of when? As of um tonight. Tonight. So that being said, I'm going to go down and we have the we have the motion. Commissioner, for what it's worth, let me just say, let me just point out to
you that it is now 11:18. Yeah. Saying tonight, it may be tomorrow before you finish voting on it. May 21st. Okay. I as as I second her um her clarified motion. I I second just so I
can Now we're going to go down. Commissioner Turnoff, I agree. That's what we need to do. Commissioner Sue, I mean, Vice Mayor Turnoff, apologies. Vice Mayor Turnoff. No, sorry. Okay. So, what is the question again? Right now, we're on a motion for um to to put the man the
current manager on leave, which will be a construction termination. You're on your um I'm a no. Okay. Commissioner Jean, what's the term? So, if if if it's a leave contractually, what does that mean? What does he receive? In my
opinion, if you do that, then you are constructively terminating the existing manager and then you may need to still come back and say who will be performing those duties. No. What are the terms of termination?
So, if we terminate him, whatever the contract, that's what I'm trying to find out. What does it say? 20 weeks. 20 weeks. That's correct. PL and and I think there was extra for insurance uh health insurance and a whole bunch of other things that my only comment is I
hope somebody's calling the Herald. Why not be on the front page again? Why not be on the front page again? What are we doing? A man that is a responsible honorable man on his resume is saying, "I enjoyed
it. I thank you for the opportunity and I I have to move on. I have personal reasons. I I and I'm resigning. And now on his resume, it's going to read termination. What are we doing? This This is not This has gone way out of
hand. I would like to hear from the manager. Manager because I just want to move. I just want to make sure we get the suit. Um Commissioner Smoke, you have anything to add? I want to hear from the manager or any manager. Okay. Commissioner, wait.
No, Commissioner um Flormont. Thank you. You know, in um Thank you, Mr. Mayor. And and Commissioner Smith has a point. Um you know, a lot of valid points have been made up here. The reality is we owe this
manager in participating in in in in this uh retreat the other day. the manager, even though he knew that his, you know, um, time was, you know, he was going to move on, he gave it 110%. Right? He gave
it 110% and you couldn't tell in that room that he wasn't going to be here for another 5 years as our city manager. Um, you know, that that says a lot. me in my seat. If if if I want to give this manager a severance, I'm going to sit here and say very clearly that this is
what I want to do, right? And this is how much he should get, okay? And that he should stay until the end of the time that we agreed on over a month ago. That's my That's me in my seat. That's
what I'm willing to say. I'm willing to say, hey, you resigned, but you've given us all that you have, and we believe that you should have x amount of dollars as far as a severance is concerned, or we want to discuss consulting so that you can be of
assistance to the uh interim city manager, and here's what we're willing to pay for that, and figure out what those terms are and come to the conclusion. It may not be 90,000. that was an issue for some people, but it may be a number that everyone up here can be
happy with that's satisfactory and also that shows him the respect that he deserves. That's in my seat. So, that's what I have to say about that. Okay. And mayor, let me add I I I need to put something else on the table. Uh, I'm not suggesting for a moment that this could
happen or would happen, but the fact is that you use the term constructive termination correctly being a lawyer as to if you relieve him of his duties early. Um the reality of this situation
is that the manager has a legal right to say that his resignation was a constructive termination because of the terms and conditions of his employment. And when
one gives severance as a legal matter, the reason we sometimes advise that severance is appropriate is we negotiate with a departing employee as is being done frank frankly right now with a an existing department or a former
department head. We negotiate to give someone severance because in doing so we bargain for a release that precludes the possibility that they could bring an action. And I'm not suggesting he is or
would or might, but that's why one provides severance sometimes even with a resignation because it allows us to bargain for the release. And finally, I want to point out that Commissioner
Smith mentioned health insurance and health insurance is only available to current employees. However, where a consulting agreement such as was
just referenced is employed for a period of time, particularly to allow for a better and and more comprehensive transition. Someone who's on a consulting agreement is permitted to
stay on city health insurance for such time as they are in the nature of an employee even on a consulting agreement. You can't do that with a termination but you can do that with a consulting
agreement that is in the nature of severance. Not suggesting those things merely offering those possibilities. I want to talk. Okay. Yes, ma'am. Look, um I I really don't want to get into a situation where we have to pay the manager the the 20 weeks was what? 90
how much? $90,000. I really don't want to be spending the city money even though I do believe that he's an amazing manager. Um, I also um I I would like to keep him on as a consultant because we still have
not not resolved this problem with the water search charge. If the governor does not veto us, this is going to be continuous. And who is the expert on this? The manager. Okay. and and andy I
I think you're great, but I think that we absolutely need Mario involved with this water um issue at least for the next year. What What's so funny? No. Oh. Oh. So I I am willing to if if the rest
of the commission agrees to keep him on as a consultant and also keeps his insurance because to me insurance is like the number one thing in the world then I'm I'm willing to back down on the admin but we have to come into some agreement where he can stay as a
consultant especially because we will if the governor doesn't veto this we this fight is not over. So can you can you do you want to amend your motion? Are you and I I accept withdraw that motion but I want
to make a motion where we have a discussion that we um at least continue as per the suggestion of McKenzie um keep them out as consultant. To me, the most important as a consultant is because of the water because this is the
most important issue that our city has ever faced and I want I definitely want and insurance has always been a big thing for me. So, um and I don't know what you guys want to agree upon for how long,
but um can I say something? Mr. Mayor, thank you. If we just kept the original date, we would not have used 45 minutes to discuss. But that's the nature of what we do, right? I would say I would say that if we would have
kept the original date like we should have, then we wouldn't have been having this problem and he would have just left on June 13th. But I don't know why some people try to change things sometimes. I think we should for this. We have we all we are always talking about consultants.
then we would have to enter into a particular term. Consultants don't usually get benefits. You know, all the nuances that fall within that parameter. I say we leave it as we have it and continue as we should. And the department when you have a department,
when you have a um a ACM and a and a manager, they work in in tandem. So, if you don't feel comfortable going to the manager, you can go to the ACM. The ACM is always going to report back to the manager. So, it's not like we're circumventing any authority, but I think we should stick stick it how it should
have been with Andy being the person that takes takes the the helm at the end of the tenure of this manager, the date that was already provided. Could I speak, Mr. Mayor, for a minute, please? Okay. Um, I I just want to say again, this is nothing personal. We we have had
the honor of two very unbelievable men at our helm. You know, I thought about this quite a bit when I saw the resolution. The number one thing that comes to mind is what is a contract for? The contract clearly states what we're
supposed to do. If somebody's terminated, if somebody's terminated with cause, if somebody resigns, our manager is a very bright man. You know, contract works in both ways. You're supposed to give a little and
you're supposed to get a little on both parties. I've done contracts for 45 years selling houses. The thing is is that he made a decision to resign knowing what the benefits would be and when they would
end. I just feel that we're setting up a president here in North Miami Beach. I feel so strongly about this. Come to North Miami Beach. If we fire you, if we fire you with cause or if you resign,
we're going to give you money. I just think there's a contract that is done. And I I understand and I respect all of us with our wishes. We want to give him, but do you understand that the city's in deficit here? Do you understand that we
don't have the means? Wait, wait, wait, wait, wait. Excuse me. Excuse me. No, no, no, no, no, no. I'm No. One of the advantages I have is to make sure that we're not being untruthful. We're not in a deficit. Do not say that. We are not in a deficit. We just had the the the
CFO say of a surplus. Please don't say that. Okay. We're not in a deficit. I take it back. I take it back. The mayor's right. We're not in a deficit. We're looking at some potential problems. Potential problems of possibly
having to give back $4 million. We're looking at potential problems that are millions of dollars that we're going to have to face ourselves. When you hear that the the door to the library hasn't worked for over a year, when you
understand that the money was put away for the bathrooms and it hasn't been done because the money's not there now. These things make me a little more cautious and it's nothing personal. I'm sick that both of these men have to listen to this. I am sick. I have a
grown son. This is ridiculous. We have an original agreement. Let's I agree with Commissioner Jean. Let's go with our original agreement. Let's move on. Everything that's been done with the manager the last couple weeks has been
done with the with the assistant manager as well. He has been included. And thank you, Mr. Diaz. Thank you, city manager, for doing that. Okay. So, just to I need to um this is because of your awareness, Jay. Um I can I get a motion to extend
for an hour because we still have a lot on agenda and I want to be make this very clear. A lot of people are criticize the fact that oh we go a long time. But if we pull the tapes of how many times people talk on here, a lot of the people that are critical of that are the ones that create the atmosphere to that. So I just want to make that very
clear. Okay. Now, I'm going to mo This is the This is the first time in my tenure that I'm asking this um uh Vice Mayor Turnoff. Can I can I get a motion extended for about an hour and a half, please? We have a lot to discuss. We have a lot a lot because there's items that were
pulled from every which way. I'll make that motion. I second it. All in favor say I. I. Hour and a half. Okay. So, we we're on to 12. No, 1:30. 1:30. 1:00. An hour and a half. It's 1:00 from 12. No, you said extended
an hour and a half. An hour and a half from is 1:30. It's 1:30. Go for from now. An hour and a half. No, go for another hour and a half. That's what he asked me. I heard him say extend. No, he said he said extend it an hour and a
half. Extend. He said extend it an hour. Hour and a half from the from from from the new midnight from the from the midnight deadline. That's what you saying? Yes. 1:30. Okay. All right. Thank you. Thank you. Thank you. All right. So now
Okay. So So I you have to clarify. Okay. So So So just to clarify, I motion to extend to extend um to um till till 1:30 basically for for So I make that motion. All in favor
say I. I. All right. So I got a motion in a second. Reset. Everybody said I Yes. Everybody said that's it. Okay. So, now we're at we go. Okay. Now, now I I So, I said I
let I'm my last comment was to um to keep him till June 13th or whatever the date was. Um I'm not sure. I I understand Commissioner Smith's feeling about um the consulting fee. I I
just want to remember how important this water plant is to us and uh how much we need his input on it. And if I don't if I can't get a consulting fee, I would like as I said like five times already, insurance is really important to me and I would never what?
Oh, that's right. Well, we can keep him as a consultant and give him insurance. No. And pay him a dollar. Yes, we can. Correct. We can do that. Yes, we can. Could Could I ask Could I ask that a question, Mr. Mayor? As long as I made the motion slow. How long How How long would you want to? He said we can have
him. Didn't you say you can at our discretion we can give him insurance? I My My question is My question is how long do you This water plan issue is going to go on years. This is something
that has it's not going to be a month. It's not going to be six months. The resolve to this is years. So, and we as a commission should have enough strength between the two of us to hire somebody, whether it's the current assistant
manager or somebody else that will be strong enough to take care of us. The question is, how long do you think as a consultant it would be worthwhile? It doesn't make sense. What makes sense the most is that we have a gentleman that
really thrived in his career from North Miami Beach. And North Miami Beach thrived for him. It was a win-win. So, let's just make a motion. Let's let's talk reality. Please, please, please make the motion. Turn off.
The the bottom line is that if we don't make a decision tonight, we still have to deal with the contract. Yeah. So that being contract talks about severance or not severance. It's up to us, the mayor and commission. So you you came up with
the uh through the mayor you came up you proposed you had a resolution on the table. You pulled it. Where are you located now? Uh commissioner, vice mayor, I believe that Mr. Diaz um should receive severance. All right. So now
suggestion. Do you have Do you have a suggestion to me? No. I want I want to know. I No. No. He believes that we do. But you had you were the one with that issue saying I want this. I already said what I want. So what is Do you have a number? Oh, do I have a number? Yeah, because basically you were saying I'm offering 10 weeks. Okay. So he's
offering 10 weeks. Right now we're getting to a a a point right now. Commissioner turnoff. Now I don't I'm I'm just trying to get us trying to land land this plane. All right. So we're at 200 10. Yeah. Oh. He's at 20. No, that was the original question. Right. Right.
Yeah. Hold it. That's why. Okay. So, but that being said, so so commissioner comm uh commissioner. So I just want to resolve this motion before we we can we go to discussion. All right. So I have the vice mayor and commissioner Flormon. Do you guys want to agree on a on on a
on a motion that we can finally discuss this particular issue because you said 10 commit his number and your number is uh so is there 20. Oh, you still at 20. So is there so we'll settle at 15
is he's setting he's he's offering 15. Perfectly fine with me. Okay. So we have a motion and a second for 15 week severance. Mayor, before you go to the vote, I would just urge in the interest of the point that Commissioner Smith
raised, what you instead of using the word severance that you specify that the ma the manager would continue as an employee of the city in a
consulting capacity with the interim manager. beginning the 15 weeks begins June 14th because you're you reconsider changing the date be 15 weeks if that's what you're
agreeing on that's up to you of course from that date and by doing it that way as a consultant if as commissioner Smith and commissioner Smuckard both said you want to provide health benefits while he
continues as an employee whose duties are consulting on the issues that for instance Commissioner Smuckler raised, he would be entitled to receive continuing health benefits. So you just the I'm not trying to tell you what the
numbers are that you're selecting, just how you characterize it. And by doing it that way, you're also um addressing the contractual issues that would otherwise be a problem if you
simply terminate it. Could I just add to that, Mr. Attorney and Mr. Mayor, could I just add if you're going to give health insurance, if this commission does that, please make it until he gets another position. Let's not It can't.
You can only do it unless you continue him indefinitely as an employee. He's not that the insurance company will take your premium money, but then it won't pay the claim because they'll say, "Oh, he wasn't still an employee, he couldn't be covered." That's why I'm suggesting
that for as long as you're willing, whatever the number is that you just agreed on or do agree on, characterize it not as quote severance, but as him continuing. you can have someone else
exercising the duties beyond you starting June 14th what you decided but during that additional period have him continue as an employee with consulting duties because for so long as you do
that he can get health insurance because he is an employee of the city that's the reason I'm questioning just advising as to the nomen I'm quite sure. Okay, so now we got to we got to we got to Okay, commissioner I mean vice mayor, sorry. In that regard, what what the attorney
is saying we haven't we haven't finalized the motion yet. What the saying to us then we still need to appoint an intern. No, which I was I thought we appointed we never voted on. Oh, okay. Can we can All right, wait, wait, wait. Hang on, hang on, hang on. I'm so Can we have a Can we have a side
of you have a pending motion resolution to appoint Mr. Platkin as the interim city manager since the reconsidered as of June 14th. That's what was on the agenda. That's
where you are. You can now and I would I would amend I would amend that to say whenever Mr. Diaz wants to give it up. So now, well, no, you have a date certainly in your res. The date is June 13th. Vice Mayor, we have a date, sir.
All right. Just so we'll be on the same page. All right. We have a follow the bouncing ball. The way the the way this motion is set up right now, correct me if I'm wrong that we will stick to the current the resolution will stick to the to to this date already presented. However, we're adding the severance pay
of about 15 weeks on there inclusive of all the benefits that come with consulting. Consulting. Yes. Consulting services. Not not the car. No, not the car. Yes, the he would he would the manager would
be eligible as I understand it to get his acred vacation and sick pay because he's no longer going to be as of that date as of that date as the 14th of June he's no longer in the position and
you're amending the motion appointing Mr. as of June 14th to say that from that date forward, the manager would continue as an employee of the city for a period of 15 weeks with consulting duties and
be eligible to receive his health insurance benefits for so long as he's an employee. And by the way, whatever date that happens to come to, whatever date that is, um, he gets it till the end of that month. Okay? So, so now let's clarify. Is that the motion that
you want to make? That's fine. Do I have Is that your second? That's fine. Second. Okay. So, that is the motion. We're just Now we're in discussion. Okay. Discussion. I'd like to know how much that comes to number one. Number two, I'd like to know if anybody has a flask. I don't drink, but I could start. I have a bottle upstairs. All right.
That um so we'll we'll work on that number for Commissioner Smith. Um Commissioner, I want to No, I'm I'm going I'm going down that line. I'm going down the line. Okay. Commissioner Smith, ask her a question. Get her that get her that response, whatever that amount is. Um, Commissioner Foreman, do
you have any thoughts? Okay. Commissioner Smoker, do you have any thoughts? No. All right. Commissioner, thank you so much. Um, I I really like the fact that we're having this discussion even though we have other things to discuss. I have two things that I want to say. one, we can we we
could have simply allowed the manager to stay until June 30th and had an administrative overlap where you still are functioning how we've been functioning. Now, we've added the consultant, we've added this, this nuance, that nuance, this nuance, you're
doing this, you're doing that. We could have simply had allowed him to go to the end of the t the time and we still haven't discussed Commissioner Smuckler's discussion about the process. Okay, which is going to be another hour, right? But I'm not done. So let's be
prudent because oh oh having a consultant for something that we are not necessar we have consultants already doing certain we have consultants we have lobbyists we have layers and layers and layers the only thing that the manager is doing in addition to what
he's done for the last two years is also communicating with us what's being done on our behalf. So, I agree to the fact that um I don't I don't agree with the consultant. I don't agree with the severance. Um and I just want to put
that on the record. All right. Commissioner, thank you. Um wait, is somebody else wanting to talk? I need to I need to No, it's just my Okay, great. All right. So, all right. So I think
that we this is our transition period right now. During this period from May 21st to June 13th is the time that our interim manager is going to take on the baton.
So anything that needs consulting can be done in these in this period and there's no more consulting that's needed to be done. Now we know that by July 1st we would know whether the veto was being vetoed or not and however it happens we
can deal with it accordingly. I disagree with Commissioner Smuckler that the water is the biggest thing that we've ever had to deal with like what No that's what she said she was it was dire.
Thank you. So, I disagree that that is the most important thing because I mean, we had paid $9.2 million in a settlement with Miami Gardens already. Losing $3 million in water and being able to make it back and knowing how to make it back,
we already have people who know how to do that. So, I don't think that if somebody resigns, decides to leave us. Now, I understand that it's because of his family and I want to be sensitive towards that and I totally I mean like
I've heard fathers talk about like not missing their children growing up. I don't want him to miss that. So, with that said, I'm saying that he decided to leave us and then now we are, you know, trying to find somebody. We finally found, you know, we we we defaulted in a
way because Mario did already trained Andy to be his successor. So I think that it's we don't need anything else. So I don't understand why we would have to pay another 15 weeks. Listen, last
thing, last point that I want to make. Wait, hold on. Does the manager want to be a consultant? Wait, excuse me. Just let me finish first. Okay. I'm sorry. Let me Yeah, thank you. Um, oh my god, I lost my train of thought.
Wait, hold on. Um, you want to come back to me because I I forgot my commissioner turn off. Call the question. All right, we're calling the question. Wait a minute. Wait, wait. M. Okay, before we call, can you get the specific number for Okay, I remember
what I was going to say now. So you guys, our residents are dealing with so much financial hardship. We want to spend $100,000 just like that to somebody who's leaving our city. We're fighting here over like this amount of
money and we just keep spending we keep spending this amount of money just like that. Like how about we save that money for something else that we need to do? Maybe we can actually serve one of those, you know, a design for a speed bump that we need
that the residents want. I think Mr. Daniel Pierre that that item is something that Commissioner Jean's been bringing up and even when that was and wait my what I'm was making a statement my my statement is we just keep spending money like this like senseless with no
return on investment. When I when we give this money to Mr. Diaz. He's not coming back. There is no return on investment. We put $100,000 into a speed bump for a design. There's a speed bump that's going to calm the traffic for our
residents. It's not 100. Okay. That Okay. The design of of of a of a speed bump or of a traffic calming design. What type of design you're talking about? Any design? What do you Okay. Um
commission. Okay. But you're going to get a return on investment, but when you give this up, there's no return on investment. It doesn't come back and contribute to the city anymore. So, do you have the specific amount for Commissioner Smith? They're getting now. It looks like it's going to be close to
$80,000. 70,000. Close to 80. He told me 70. And that didn't include the insurance. The insurance is 2500 a month. Figure it out for three months. You said till the end of the month. I thought the question was insulting, not that's my mistake. Okay. So that that's
the ballpark number. Now now and and can I just say one more thing so that everybody will understand. I I I wanted this to know that again it's nothing personal. I think the opportunities North Miami Beach gave to Mr. Diaz are
without and he's thanked me several times. All right. Know what the opportunities are. But I just wanted to tell you that the public that has contacted us, the public who it's their money, they they feel very strongly
about this. And so be I I just I I I don't know where you're going. Okay. That being said, well, that that being said, we're going to you call the vote. I'm going to make a motion. I'm making I'm making an amendment. Let's just change it to 10 weeks like McKenzie had
said. Please. is can we because we already have we call the vote. We already called the vote. All right. So, ma madam clerk, can you they want the number? No, but she g she gave him the ballpark number. I think it's No, that's a it's around 8. Okay.
For 15. I'm amending it to 10 weeks. No. Well, there's a motion and a second based on the 15. Now, the thing is if the motion fails, then we fail. Then we move on. Okay. That being said, wait, do we move on and we can make it 10? Yes. to defense.
Okay. All right. Crazy. Madame clerk. So, Madame Clerk. Yes. Madam clerk, can you please can you reference? No. No. But she got the like it's around that number. Um um city attorney. Madam clerk, can you just do the roll call so
we can have So if it was 90 for 20 weeks and it would be that did not include the insurance which is $2,500 a month. Okay. So he gets that anyway. Madam paper. So, can we I just want to work on that mo on on the motion. All
right. So, can Madam Cler, can you roll Yes. Oh, I'm I mean I was saying yes cuz I thought you were calling my name. I'm sorry. I was sorry. Um yes, it is. Yes. Commissioner Sue. No. Commissioner Florian. Yes.
Commissioner Jean? No. Commissioner Smith? No. Absolutely no. Vice Mayor Shernoff? Yes, Mayor Joseph. Yes. All right. Now, okay. Now, since I'm on the prevailing side, I'm bringing it I want to change it to
10 weeks. That's she could do that from a procedural standpoint, ma'am. Okay, that's it. If it's seconded and then if it's voted for. All right. So, now we have to get a second on the prevail. Well, do we need it on the pre? Oh, it could be anybody. It has to be on anybody on on anybody on the pre anybody
on that that even if they missed the vote. So, now she's she's on the prevailing side. I'm changing it to 10 weeks. She's changing 10 weeks. Is there a second to reduce it to 10 weeks? Second. All right. So now we're but
we're back. So what happens then? Motion is a motion to reconsider. It's not to change it. Oh, so to reconsider the Okay. So we go back. Now we're we're voting on um reconsideration. Recon
reconsider based on the 10 weeks or on No, just to reconsider. just to reconsider to reconsider the vote we're taking. So, are we able to discuss that before that is discuss? May I Mr. Mayor? Yeah. Okay. Um and thank you, Mr. Mayor. I appreciate your uh diligence and um
posture uh on this on this issue. I do too. Thank you, Mr. Mayor. I'm trying to do the best I can and and you are. You are. You're doing a very good job. Um, you know, the reality is I know we're talking about residents and their concerns and we're talking about various elected officials and our concerns. Um,
and you know, I want the residents to understand that the nuances of what's going on here is that we just voted on something and we've kind of been negotiating amongst ourselves. What? Uh, when I say negotiate amongst ourselves, meaning that we have a party that has to
accept what we're offering. Am I correct? would not is that correct? Um, Mr. Attorney No, no, no. No, no, no, no. Based, just to be clear, I just want to make sure what we voted on, right, is to provide an additional B because he resigned, right? I understand the
standpoint of he resigned. We added an we we agreed on that prevailing motion or prevailing action to add to correct. Okay. Because we're we're not changing the date. Yeah, we're not anything. All we're adding is an additional aspect to move forward. Right. But what Okay, I appreciate you saying that, Mr. Mayor.
Um, in addition to that, I wanted to say I want to know if you're upset because I care about you and you're ignoring me. No, no, that's not No, no, that's not that's not please, please, please. Th this is this is um one one of the important things to
know to know about this process is is Okay, rescending my She's rescending her motion. All right. Okay. So, she's rescending a motion. We're now we're going now that I just wanted She's resending. We move we're moving forward. Yes. You now have an
amended motion that says that and Andrew Plin is appointed as interim city manager effective June 14th and the that it's been amended by what you voted for a consulting duty
employment for 15 weeks with health insurance for Mr. Diaz. That's the amendment to it. That's what you adopted. Yes, we did. You can now have further discussion or you can vote on the motion as I just want I just wanted to make sure we voted on something that
I already voted on. No, she's she's rescending the entire thing. You voted to amend the motion to appoint to add that. Now you have a final vote. Oh, okay. So now we're going to vote on the final vote. Yes. As amended with both. Madam clerk,
first amendment out, the second amendment. Madam clerk, do a roll call, please. Commissioners, too. Hold on. No, I I've done the roll call. I've done I've done the call the vote. Now he's right. No, it's too late. So that's too So now, Madam Clerk, please I said
Commissioner Sue and I'm waiting for her response. All right. No. Commissioner Florimmon, the answer is yes. Oh, the answer is yes. I'm sorry. I didn't No, I didn't get that question. I thought it was moving on.
Wait, wait. Wait. Can we can Can you clarify what we're voting on again? restate the motion the existing resolution that stands is to appoint Mr. Platkin as interim city manager effective June 14th. Yeah. And you have
amended on to that that Mr. Diaz is to continue in the employee of the city with consulting duties for a period of 15 weeks with health insurance after beginning June 14th. That's the motion
as So now now please No, wait, Mr. Mayor. I'm sorry, but wait. I did not agree to have another add-on to my amendment. So, we have we have a resolution. It's not your It's not your I get it. I get it. What I'm saying is we have an an
appointment for the interim manager. This is all this resolution is about. Whatever you guys want to do, you can go. You amended it. We've amended it. Now, we're going to vote on the amended resolution as as desri as amended. So now, madame clerk, can you please go through the role, please? Roll call. I
want I still don't know. We're doing we're Can you repeat it one more time? City attorney. The resolution before you is the was the original resolution to appoint Mr. Poin as interim city manager effective June 14th. and you have
amended that to deal with as as I said there was a very open question about the existing manager and you amended the resolution appointing Mr. Platkin to continue Mr. Diaz as an employee of the city beginning June 14th
for a 15week period with health insurance that is what is before you the original thing as amended that was never voted on we're voting on now whether we want 15 weeks That was voted. You have amended. You've
already voted to amend it and there was at one point Commissioner Smuckler was going to reconsider but she withdrew it. So you voted to amend the resolution appointing Mr. Platkin to answer the question that Commissioner Furman raised. Where does that leave Mr. Diaz?
You voted to amend the resolution. So it appoints Mr. Platkin and deals with Mr. Diaz status. That closes the loop. What's before you? That closes vote up or down. Madam clerk, please do the roll call, please. Please. You started off with Commissioner Sue, so let's go down.
Come on. Okay, we're going down the roll call. Madam clerk, please. Commissioner Sue Andy, your vote. Well, no, we're voting for the entire thing. Madame Clerk, please do the roll call. So, if I vote no, that means I'm also voting no for Andy to be the interim. You're voting down that resolution. The
amended. Oh my god, I can't. Okay, so go. Okay, this is so crazy. So, so is that yes. Can you skip me for a while? No. Like next person. I I will come back and vote. Commissioner Fimmon, yes. Commissioner
Jean, yes. Commissioner Smith, no. Commissioner Smuckler. Yes. Mayor Shern. Yes. Now before, please. Um, Commissioner. Commissioner Sue. No.
Mayor Joseph. Yes. All right, we close the loop. Annie starts as a um city u manager effective June 14th. The we we've resolved an issue in regards to contract situation in regards to u our um our um manager Mario Diaz. Now we go
to the next item on our agenda, please. No. What? I would like to since we're at this point in our juncture, I would like to now discuss moving forward. Well, my how are we going to go move forward for a new city manager? Well, here's the thing, right?
Here's the thing. I know we have to do a process. I would want a process to be quite quite clear, right? In the past, in the past, we've always talked about we doing a process and what have you. And I and I've heard a lot of weird things leading up to this. I could sit I
call this the manager of sweep stakes in that sense. It's a it's a bad term of art, but I see that a lot of jocking for positions as as um Commissioner Flormont pointed out during the retreat. I want to make very clear and like like I said, I think we should have I don't know we can come up with a formalized process
between to right now, but I do want that to be presented at our next commission meeting. I I want that to pres I want that to be presented. I don't want I don't want us to do it on the fly. Well, again, who Jay, he I agree. We have to have a
process. I think that because of the time because of the time because because we're still we're not gonna we're we're gonna do the process but it doesn't matter if we do it today or in another month. We still have to do the process. We are going to do the process. I want but but again hold on hold on. Okay. Vice Mayor. Sorry. If you do it in
another month then we start losing Mario. No, we have an we have an interim. I understand we have an interim but that's not the point. The the the season manager is Mario now. Mhm. Mario is going to train Andy. We're going to have that. That's the benefit of Mario's
staying and being here, right? Okay. But if we go and have a process of saying, "Okay, we're going to go out and throw it out there to put out for staff to put out the feelers for the the RFP, whatever
for managers, let's say Florida only." Well, I would application. Well, I for my I want Florida. I want I would want it to be bigger, but I I understand what you see what you mean by Florida. But my thing is that I would want
procurement to come back with something formalized or HR to come back with a formalized a aspect. That's what I'm saying. I don't I don't want to I don't want to I don't want to um So, you want them to choose what you're going to No, no, no, no, no. Well, Mr. Matter if I
can interrupt. I had asked for the clerk to provide us with the previous um posting um to see what were the requirements of the the last time it was actually advertised. I don't think that was done, but I think that's a good metric for us to have and that should have already Do you have that in front
of you? Well, that was supposed to be given. That was asked about a week ago. So, it was my thing is that I my thing is that it hasn't been given. I would like I appreciate the fact that we should have that and if that's a starting point, that's our starting point from that point on. But my thing is that we have a litany of other stuff
here. I'm saying that given this fact or whatever, we can we can have that all formalized by the June by the June um 17th um date. Should have had it formalized for tonight. I know, but this but this is a situation that we're in and I like I'm running through a clock right now and I just want to I want to I
we have other stuff on the agenda. Can if let's let's let's go through this agenda because there's a lot of stuff on here. We can have a formalized discussion. But we can give direction to the manager as well as HR to come up with that that the prior posting which would make it an easier say an easier standpoint because we know
we have an interim. It can it can clock in that moment that happens or what have you that we do the posting or now depending on on how we stand. But what I'm saying is that we can we can move we can move forward and have it more formalized by the next meeting. So right now we have an agenda. The next item
madame clerk would be what? Wait and vice mayor the manager you said you wanted his input on it. The manager will still be a consultant for us at that time. So any he can give input on it. So madam madam clerk, what's the next item, please? Mayor, can I I hate to do this,
but Oh, yes, you have. However, two things very quickly. I you have to I I try not to give unsolicited advice, but this just one tiny comment to all of you. you're making the most important decision you ever make with all efforts
to city attorneys and city clerk is who your manager is. So my one tiny piece of advice is whatever you do don't give up your power to uh committees or consultants or head keep your power I
agree to make your decision about who you want don't give that power up in any way because it's on you and then the next item if you please um the city attorney has an quickly is city attorney's report I need to request
executive sessions on three matters. Okay. And I need to request that we have executive sessions on the following cases. Um I understand we may have finally as of today agreed on language
on sorry but it's still subject to your approval. So I need an executive session on sorry versus North Miami Beach. I need an executive session on a construction case we're handling and CNW pipeline versus North Miami Beach. I I
say I need presumably and an executive session on the Anderson versus North Miami Beach case. Can I all can that all be done on the same day? Yes, they can all be done at one time. And however, I would also request immediately following whenever we get
them scheduled, and I'm going to talk about that just for a second, that there also be a special council meeting, no settlement can be approved in an executive session. Every settlement has to be approved in open session. So, I
would ask that we have I'm going to call for the executive sessions and that we at the conclusion move to a special council meeting so settlements can be approved. And I'm going to ask you if we can do it hopefully by the end of May,
but if not, certainly within the next two weeks if we can try to get them scheduled. I don't think they'll be extremely lengthy. So, you're not talking about the same day we have the executive session. I am talking about the right after immediately after um I
think a block of about an hour and a half all told executive session executive session executive session special counsel meeting I think we can keep it to about an hour and a half total and I'll need you to hopefully work with the clerk so we can get these
done then you'd have to advertise and everything we have to advert madam madam madam clerk you have the direction can you work on on coordinating a date within the next couple of weeks to see what can can be worked Oh, no. He said end of May. End of May is next. Hopefully end of May, but certainly within the next two weeks, which takes us into the first So, we're speaking
with days over the next couple of weeks. Can you can you work on that, Madam Clerk? So, next next item, Madam Clerk. Thank you. Thank you, Mayor. Thank you. We're on 11.1 that ordinance. Oh, sorry. He's going to try to schedule in the next two weeks. Madam Madam C's going to reach out. Um, what is the next item?
Ordinance 2025-03 11.1. May I go back to the consultant issue for just a second? We've passed the issue. Um I know you passed it, but I want to know what the scope is. Can he still hire and fire people? Like what is the He's a consultant. No, until the 13th he is
still full 100% city manager. He can hire and fire whoever he wants. Okay. And also the other part is so the consultant is then at that point he relinquishes any rights to hire and fire people. Yes. Okay. You have an interact. And is it paid by the hour or is he just
paying a flat 15 week? That's what would you voted? Okay. Got it. All right. So now we're 11. What what what number you had 11.1 which is ordinance 2025-03 first reading. Okay. That is Commissioner Florine as well as
Commissioner Smith. I'm I'm thinking if with Commissioner Florine's um approval, maybe we should um table this till next meeting and and improve maybe some of the requirements for I can agree with that. So, we're
motion to table. I make a motion to table it. Second. Yes. To postpone to a date certain defer. Yes. I'm thinking that maybe we should have like a business be required to be open maybe six months before they can be on a board or you know some suggest motion is to defer to the June meeting. Correct. All
right. We got a motion in a second. Um this is an ordinance so it has to be a roll call. Madam clerk. No a motion to defer. Oh it doesn't need. Okay. So uh all in favor say I. I. All right. Passes unanimously. What's this next item? Mayor I I apologize. Um
the commission had moved the traffic calming um discussion up. Um but I would um be reminisced if I didn't point out there is another discussion item um that is a bit of a timesensitive which is the black and beach transition plan. Um the
contract and and the 90-day um extension is going to be up uh prior to the June meeting. Um and so we would either ask that um additional time be considered or that you have that conversation before the end of the night. Um how much time
do you how much time can we add? Uh that's totally up to the commission. Um for me it's a very simple conversation where two of the three options uh jeopardize uh grant and uh whiffy alone for the water. Um and and so for me
they're non-starters but it was part of the conversation. Here's my thing. Now, I got to have a motion to go out of order to bring this up. Um, I will I will motion for that because it is an issue that the management. Do I have a second? Second. Second. All right. All in favor say I for moving. I I now it's
I'm not sure that you can make the motion. I'll make the motion. Okay. So, you Oh, okay. I think the chair. Can I not make the motion or can't pass it? Rules. Robert's rules suggested. Okay. So, you're making the motion. I made the motion. So, we have a motion and a second, right? Who's the second? Second.
Okay. Commissioner SH is a second. All in favor say I. I. All right. Now we we are the item is is before us. Black & Beach is before that issue. Where is that? Where's Okay. Thank you. If I director do 11.3
I'll bring it up. Yes. Have has everyone reviewed that transition plan? Yes, we have spoken about it um on one-on- ones. I was just trying to I was just trying to move it along cuz I I
recall that it Okay, please. Good evening, mayor, commission, and city manager. Uh so as we followed the direction from uh city commission we came back before the commission with the
proposed uh transition plan to address the concern. We elaborated on three options and then we went through uh reviewing the pros and cons of each option and what would be the risk associated to each option. We're still
recommending the original uh negotiated uh contract that we brought before you to continue the service over the extent of the 12 month uh while we're focusing on uh fooling the uh CIP department. So this way you know we can uh maintain the
continuity in our project management and program management. All right. So um All right. Do I have a motion? Motion to approve. Do I have a second? Second. All in favor say I. I. I oppose. All right. One oppose. Pat motion. Wait wait wait.
Commissioner Smuckler supposed to discuss any. There's nothing else to discuss. No the transition p plan. Yeah, we agreed on a transition plan. Commissioner going to hire like seven. I don't know. How many people are we going to supposed to hire in according to the transition? I think the motion the item
before you guys was only relative to extending black and for the 12 months period. Got it. That was the There was a transition plan with the CIP director. No, that was not that was a different one. Okay. What was what was your vote? Yes. It was a yes. So that it passed.
I'm a yes. Now we have um Madame Clerk, you have the traffic coming because correct. So um Commissioner Jean Commissioner Jean, we're ready for you. Traffic coming. Commissioner, you got 10 minutes.
11.1 deferred. Thank you, Mr. Mayor. I know we had some locations and I know we've been going at this for quite some time. So, I'm hoping that everyone's okay with the locations that have been proposed. I'm totally Yes. So, I know we we discussed this agnosium. Commissioner
Jean had the courage to bring it up to speed this along. I'm sorry. It was my fault that we didn't bring it up since I am supposed to be the traffic cop. But this is something we've discussed several times and a lot of people have, you know, brought up this issue why it's taking us so long. Commissioner Jean, like if you have a motion in a second so
we can try to move this forward. You have a motion. Motion to approve. We have a second. Second. All right. We got a motion to second. Comm vice mayor. And discussion. Huh? We're approving the the um 15 15.5 um trafficcoming um
resolution. I believe it is. Right. 15. Correct. Yeah. It's it's it's a resolution. It's 15.3 resolution. All right. So, that's what we're voting on right now. All right. All in favor say I. Wait. Discussion. Oh, discussion. Discussion.
Carlen, uh the gentleman that was here saying he almost got hit by the car. Did we do we have his location? Daniel, we have I'm sorry. Yes, vice mayor. Uh we we have his location. We took his address. That's not part of um what's
before you right now, but it is in the in the um in the queue uh to evaluate it and uh if if possible at a um temporary speed hump. Okay. Thank you. All right. Okay. So, again, I'm going to bring up the 165th Street and 26th Avenue. Um
Commissioner Lynn goes home that way. Commissioner Sue goes home that way. And there is absolutely no reason to spend $180,000 on that. I agree. On p and I mean there it goes into a dead end. It's not it doesn't make any sense. Can we
amendment removing that one please until pending? And on uh uh northeast 2nd Avenue. It doesn't tell us what street it's going on. I think that that's important because we had a lot of people from 2nd Avenue come here on 180th Street Northeast 12th
Avenue. That's near the canal. 10th Avenue. 180th and 12th. That's where the speed bumps are by the canal. So I I don't even know why we're spending 111,000. In fact, there's roundabouts there. And there's speed bumps everywhere.
That's by Windward. Pulita 651 Northeast 168 Street. when you come in on 168th that has a roundabout. So that to spend $220,000. We are going through this. I had asked staff through the manager for
them to make sure these locations have been vetted. So can you speak to that please? Yes. The locations on this memo have all been studied by a professional uh transportation engineer. So, they've they've all been vetted and as well as
studied in terms of um their criticality and um that they're at they're at risk. So, we got a we intersection. We got a motion in a second, right? Uh once I just want to put on record 168th and 20th Avenue, you do understand I hope
everybody understands this right here. So, we're not we're keeping it the way it is. Um um no I'm keeping 168 and 20th has had 13 accidents in the last 3 years. So so I'm we're keeping the list as is. All right. So we're voting as as it is presented.
Just keeping that on. All in favor say I. I. Any oppose? I'm going to let it ride. I'm going to say I only because we need unanimously. Thank you very much. Was there any Was there any in there for Highland Village? You have to ask. Oh. Oh, Carlen. Is there any in there for
Highland Village? Um, no. So, we have a drainage project um that's actually um that's actually underway. We're pending. Yeah. So, we we can't start any traffic calming projects until Absolutely. Yeah. So, that's why that one was on 11.3. Just mayor, just for
clarification, Highland Village um does have a traffic study um done and is ready for design once that project is is done. It's the first unfunded um um project listed there for 139 39. Thank
you, Mor. So, now we're going to 11.3. Madame Clerk, the agenda will read it. Motion to bring it. Do I have a uh second? Okay. Okay. Item 11.3, resolution number
R2025-63, approval of the issuance by the capital projects finance authority of its educational facilities revenue bonds for LAR elementary school project brought by the CFO TK Romani. A resolution approving the issuance of the capital projects finance authority of
its educational facilities revenue bonds LAR elementary school project in an aggregate amount an aggreate principal amount not to exceed $27 million. The proceeds from the sale of which will be used principally to finance and refinance the cost of acquiring,
constructing, and improving certain charter school facilities located within the city and owned and operated by Lenar Elementary School, Inc. Authorizing the execution and delivery of an interlocal agreement with the authority and providing for an effective date. Make
the motion. Okay. So, um, Mr. Manager, can you be quick on on this? just very quick and the CFO can confirm if if anything um is changed. This does not have any financial impact on the city whatsoever. Uh the school is a um
um they are not taxed and the IRS requires an interlocal agreement um for for the funding. Therefore, we need to have this interlocal. Um their site plan has already been approved. they are moving forward with construction and so even though it's a $27 million there is
no impact to to the city. Okay. Joe Linda Herring and Bryant Miller and all of us is here to answer anything. Okay. U that being said I have a motion. We apologize. We have a motion. Do I have a second? I made the motion. Okay. Yeah. So I got a motion from um Commissioner
Smith, a second by Vice Mayor. All in favor say I. I. Passes unanimous. All right. Thank you. Next item is pro. Is it pro cal? 11.2. Who's introducing? I'll introduce. Vice mayor's introducing. Um, do I have a second?
Second. All right, we have a motion to second. Um, city attorney, item 11.2, 2 resolution number R2025-62 approving service changes to the NMBB line and the transportation operation and maintenance services
agreement with Proell Mobility for 5 years brought by the interim public works director Karen Mckenry a resolution of the mayor and city commission of the city of North Miami Beach Florida approving service changes to the NMBB line and approving a bid waiver agreement pursuant to the city's code of ordinances
3-4.5 for transportation operation and maintenance services with ProCal Transportation, Inc. DBA Pro Mobility for a 5-year term with two one-year renewal options in an annual amount not to exceed 1,863,960 authorizing the city manager
or designated do all things necessary to effectuate this resolution providing for conflict, severability, and an effective date. Um, we had uh there was a scrivener's error in the text of the resolution. City deputy city attorney mentioned that, right? Yes. Just to
clarify the the language should and again I understand it may be a motion directed to it but the the corrected language to it will be as follows. Um because it does not specifically use the words bid waiver as as is read that
we changed it but it needs to it it it will read as as follows. Section two, uh, the mayor and city commission finds it in the best interest of the city to approve the waiver of competitive bidding and the service changes to the NMBB line and approve and accept the
negotiated agreement with Protransportation, Inc. DBA Pro Mobility for a 5-year term with two one-year renewal options beginning May 30th, 2025 in an annual amount not to exceed $1,863,960 and to execute all necessary
documents consistent with this resolution and with the city code authorizing the city manager to wave competitive bidding pursuant to section 3.4-5 of the city code. and we'll certainly circulate that and if there
are any questions but that's that's the corrected language that specifically incorporates the bid waiver. So now we have because of the issue that happened last time, you we've mitigated that issue based on what's presented to us. Correct. Mayor, we felt it needed to come back for a final vote. There were
questions raised uh by numerous people including members of this day as as to the method of procurement and we want to specify clearly that's why it's back for a vote notwithstanding the instruction because it did not reference bid waiver.
It didn't express that that specific term of art. cite that specifically and it has to be done in accordance by stat with the city code which includes some other things that the manager can and and and could do. So that's that's explicit. Doesn't mean you have to pass
it, but it does mean that you you couldn't do it. And I just say it this way. You can't infer. It has to be waver to be explicit as to it. That's why it's back. Okay, that being said, I know um Commissioner, I'm going to go down the
line and u now it's before uh for discussion. Um or do I have to have a motion and a second then have a discussion? How does that work? So, do I have a motion to approve? Do I have a second? I thought we did. We did a motion to introduce. Oh, okay. Second. So, we now it's before
us for discussion. Comm um um Commissioner Smith was not here last time. So, please, Commissioner Smith, it's your opportunity to speak on the item. Thank you very much. I appreciate it. Um, I definitely feel 120% now that this has to go out for a bid. We had two
people, we received a letter from another company that also wants to bid and we had somebody come before us that they want to bid and I think that this is a major major major investment with a study
necessary and which routes necessary and I just the way it was worded then the way it's worded now if you really read what you're voting on it is very um up in the air. It's not
definitive. The the contract actually started and I read all four contract all four amendments and every time it came before us as a resolution. It started in April 2020 and um I'm sorry it was September
2020 for a five-year three-year and two one-year additions. So that would really mean that the contract went until September 25. So that's number one. But then the
the question was brought up, how did it change to April? Well, it changed to April. They're saying on one of the resolutions that were voted on, but if that's the case, then it was made back into a fouryear and not a fiveyear. So I
just think that 200% this needs to go out for a bid. Procurement did not know about this. They didn't even know. The public didn't have any right to speak about this. If you watch the tape, if you watch the
tape as I did, you'll see that this whole vote, this whole discussion, this whole trolley was done in an unusual way that we don't do procurement that way. We don't spend that kind of money that
way. And I have to tell you 100% some of the things that were said like they're going to get advertisement and they're going to give you half of it. $15,000 a year you're going to get in advertisement. Weren't they supposed to be getting advertisement right along?
We always said that they could have advertisement on the trolley. So now to introduce that as another perk that they're going to do for us. No, you were supposed to be doing this. So I have to tell you I happen to like the company. I like the owner very much. I They can bid
and let's see competitively who gives us the best dollar the best run for our buck. Let's do it competitively and see who gives us the best routes. I will tell you I've also got in touch with Dade County for what kind of freedom do
they what kind of free transportation do they do? They do not do transportation east of Biscane Boulevard. So, I love how the conversation is, well, you didn't want to have a trolley in Eastern Shores. That was never said. There was
low, not no low ridership in Eastern Shores. And what I really was very concerned that nobody brought up, nobody paid attention to anything east of Biscane Boulevard. When you cut off east
of Biscane Boulevard, where you're cutting off all of 26th Avenue, all those town houses that you're so worried about the traffic right there, guess what? You're cut you're cutting off the bus, which would stop more cars from going. But the big thing is that bus
that comes into Eastern Shores also connects with Sunny Isles. So, anybody that lives in Washington Park or Ulita can go to the beach on a trolley by taking the trolley to Eastern Shores and then getting on the trolley for Sunny
Isles. It's there many times during the day. That trolley from Sunny Isles will take you to Aventura. I understand it's an all day trip, but some people have the day off or like to go to Aventur, spend a few hours. Maybe they'd like to go to the beach and spend a few hours
and they don't have a car. They'd like to take their children to the beach. So, cutting that off completely did not make any sense. Number one. Number two, I'd like to study to see how many people use the trolley from 5:30 at night to 7:30 at night, 6 days a week. I'd like to see
that. The big thing that nobody's considering still still North Miami Beach tax dollars and there's no way you should be voting on this. North Miami Beach tax
dollars are picking people up outside of the city at the county bus terminal and stopping in Miami Gardens at their at their shopping center. Oh yes, they're stopping at Miami Gardens shopping
center. It is a stop they get on my on Northeast 441. They're stopping in Miami Gardens. This Okay, we need to go out for a competitive bid. We need to extend this contract. I don't I believe it's
not up until September. I believe in my reading it is not up till September. But if it's up now, we need to extend this contract and we need to go out for a competitive bid for the two people that own companies that want to bid just them and then procurement can put it out and
we can maybe get five companies. Let's see what happens. Okay. Commissioner Foreman, any thoughts? Uh, thank you, Mr. Mayor. Um, you know, in in uh response to what Commissioner said about going to Miami Gardens, are you referencing the Walmart on 441? I'm
referring the stop on 441 and it's I heard it was a little shopping strip shopping center area. Okay. Well, I I do know that a lot of our residents um use you know that Walmart on 441 and shopping centers in that area because
you know they are more convenient especially for Ulita residents etc. Uh it's more convenient just to go over the bridge and go shop. Um right but it's not for our residents to determine where the stop is. Is it for us to determine? No, I know it's No, I guess the point
what I'm making is that it is it is a stop that is worthwhile for our residents for people who use the service. So whether the stop is within our city or not, it's still serving our residents. Um but in addition to that, um you know, last time this was up here,
it seemed pretty clear that what the staff was requesting was that they go and negotiate a particular proposal that was in the packet. um that that's what was presented. Um
so I spoke about this with city attorney and he said this was the best and ironclad way of of doing this making sure that it's right and um you know based on his um advice you know um this is the best
way to do a bid waiver. So, um I'm comfortable with the initial staff recommendation. Thank you. All right. A few things. So, if in fact um the bus is stopping in some shopping center in Miami Gardens, isn't there like a real
time that we can check? Can we go back in time to check? I will have to get with staff um to see where where that GPS and um that tracking goes back, but we'll we'll look into it tomorrow. I'm looking at at the routes um right now.
Um the stop 12 on route D um is is the transfer um station um with Miami Gardens Express um right there on the corner of What is
that? Second Avenue and 180 83rd I believe it is. Did we know we were It was We were always It's been there. Yes. This has been a stop. Utilize the promise like forever. This has been a stop. It's been there since
the beginning of time. Yes. Okay. All right. So, so that then that but then that because I did get a complaint that it was going into Miami Gardens, but if you're all saying that's been there forever, then then then it's it's uncomplained. Okay. Um, another thing,
and I just wanted to point this out because I'm not even sure if it was said today or if it's somebody texted me, emailed me because I don't remember anymore, but you know, a lot of a lot of people are saying that that that they can take that STS service. Okay. That's a hard thing to get into.
Okay. I I had three broken bones. Were you approved for it? And I couldn't get into it. Okay. So, you know, for someone to say, "Oh, they can take STS." No, it's not like that. Like, I I needed to get my doctor to write a letter and they had to send X-rays and and and
and it takes months and months and months and by the time I didn't even I stopped because I then finally three months later I started driving. But I had three broken leg, three broken bones and I couldn't get into it. So please people don't say they can take STS. It's
not like that. You you really you have to have a mental or physical disability and go through a whole process. Okay. And then the other thing is um you know this happened uh I think it was last year with um the
communications bid that we we we had a someone come and give us a quote and we had I don't remember if we accepted it but then we we decided to go out to bid and what happened is that everybody knew this person's bid this company's bid so
now everybody was bidding lower. So if we were to go out, this is what's going to happen that everybody's going to bid lower than um the the the proel and it's not fair to him. But also um I believe on the contract it says that they have
to have um they have to have an a a service area in North Miami Beach or what was it in the contract? Not in the contract. in the AR that that was when they put out the bid. That was a requirement which Propel was
not in North Miami Beach. They were in North Miami. They're in North Miami Beach. They are now. After they got the bid, they moved. Okay. So, um I mean, right now I've gotten two letters and one of them um neither one of them that
I could see had a had a bit had an office or whatever it is that they need to have in North Miami Beach. And one of them I actually looked at their website and maybe I wasn't I was looking in the wrong place but I couldn't even find trolley. To me it was all like uh limo service and party buses. So I couldn't
find anything that had to do anything with trolley or that they've done anything with the trolley in the past. That was one of the two that I received and that's it. Okay. Um Commissioner Jean I don't have anything to say. Commissioner Sue.
Thank you. So, I think our city has been through a lot of controversy and um this is some of it self-inflicted by the way. Yes. And we're about to inflict again. No. So, let me let me let me explain because the
the check off box was to check off I which is when an essential government service would be interrupted. We still have a couple of months before that contract ends. There is no need to rush into something. If we can extend it to the full term, ProLel will still
continue to get their money and then everybody will have to come back and give us a better deal. And the winner, it's not fair to Proquel. Yeah, I get it. But you know what's fair? It's fair to our residents. Our residents will be getting a good price and they will be
getting what it is that they deserve. And also, we have they have done studies. We don't know which stop has more picking up more people. Which stop is actually like the best stop for that. We
don't have any town halls. Contrary to popular belief, maybe some of the residents who came today thought that I wanted to cut the service. I absolutely don't. But what I want it to do is to serve the residents so that we know which is the stop point that is most
convenient for everybody. There's been no town halls with the residents. I think we should have When was this? We had When did we have a town Mr. Manager? Do you know when we had our last town hall? We're talking when trash
we had a trash transit. Yeah. You You had a what? Let's talk trash. We We did a We did a comprehensive um community. Can anyone speak to it from staff? The the the one that we have last year? Yeah, we did it prior to last
year. There was a series of um of town halls throughout the city um in addition to to my listening tours um in 23 and 24 that was um talking trash and transit um and it also had the the police
department um as part of that as well. So, we had that information, but we never had the trolleys change their stops or did we already optimize that? We're optimizing it now with No, no. I'm talking about like the the whole year that we had ever since we did that town
hall, we did not change any stops to accommodate the residents. Is that what happened? It was based on feedback. Um, so what was the feedback and Okay. So, so what I'm trying to say is that we have all this information, but the study
that they did, they didn't have the information that was presented to us. They just said the wrership, where was the writership coming from? The wrership came from our coordinator with the numbers that they had. It's nothing new. And then they cut out routes that they had buses running overlapping them and
that was all all that was that was there. I don't know what else is um maybe maybe Proel would be like to submit something that they had like like a report. Who was it done by? Was it an independent company that was doing transportation? Did they actually
analyze all the things including the information that we had from the town halls? So that's I'm leaving that pending. We have two vehicles that are 5 years old. Okay. We do have another three vehicles that are over that age.
Why can't we blend some of the vehicles? And I know a lot of residents love the look of our trolley, but we're not using that. We're going to get the buses. How about we supplement the bus and then like pay maybe pay a little less. There's no compromise or looking at whatever is existing. We just want to
get rid of all five trolleys and we want to buy new ones and we're going to go under contract for 5 years. Now, I want to also remind you first of all, Boca Raton is right now doing a test pilot for self-driving trolleys.
What? Yes. Well, look, I've done way that. No, no, that's not our life. Boverone is trying this out. What I'm trying to say is you lock yourself into a 5-year contract. By the way, self-driving cars
run into less accidents than actual human beings driving. No, after Look, I've tested the Whimo. I I understand what you're saying, but just so we What I'm trying to say is you're missing out on technology if you sign yourself up for a 5-year contract and then the ProLel will not take anything less than five because they've already invested in
the vehicles. Okay. So, okay. So, my my point in saying this is like we're missing out on potential opportunity, a future opportunity. We don't have real trolley studies present or at least not in the package that I saw. We're not incorporating
information from the town halls. We're not we're closing out opportunity for people to bid on this trolley service so that our residents can get the best deal. Okay? And we're opening ourselves up for potential lawsuits. Even if you have a bid waiver, there is no good
reason for your bid waiver. Um, okay. Because you're saying the service is going to be interrupted, but the contract is not over. We can extend it longer. Now, Commissioner Sue. Yes, sir. All right. That being said, Commissioner Chernoff,
the only thing I'll say is is during the contract, what we asked for at the last one was for the staff to negotiate the contract, which we have the right to negotiate any time during the contract and we have a right to cancel the
contract at any time. Exactly. So now all we're doing is adding that express language for the bid waiver. Do I have a motion in a second? I wanted I wanted to add I wanted to add for change. Um, I received a an email from freebie that um
trying to remember it. It was with the route with Ulita. Do you remember what it was? It was it was an option saying that there's other there's other thought processes. I I know that I I got the same email, but that doesn't so we won't like mix. Right. But I'm saying that
maybe if we're going to because we're supposed to be negotiating contract with Propel if I I think we can take that that but even even the freebie app the freebie what are you guys talking about that's why I don't want to mix and match because just so because freebie has mind
you freebie has been expanding it's getting grant money this is I want to keep it separate because there's various aspects of freebie and I know this well know them very well right so that being said I mayor just to clarify some a couple quick points as to Commissioner
Smith's point. We did based on your request, Commissioner, uh go to Proel and they did agree to continue uh service down uh into Eastern Shores 2 days a week as you had requested. And I I do want to clarify that also there
were um as has been pointed out, a bid waiver is permissible. It's not required. It's permissible. It's in our code. it is. That's why we brought it back. Um, two other people did submit one of the languages when you do a bid
waiver is that the manager is authorized to look at other proposals. Uh there's language about looking at three and frankly the manager is able to look at the other two that have been submitted
and can review those and if they found some great upset that could be considered and come back to you in that form. So those two other proposals that as opposed to formal competitive bidding, the two that have been received
can be looked at. If they were vastly superior, they could be the subject of the the actual procurement. There has not yet been a I just wanted to clarify. No, no, you clarified. So now we're just like I said, we're voting on the on the
on the waiver of bid as presented. Yes. Do I have a motion in a second? Do we have then Can we Is it uh is it a roll call vote for because F Wait a minute. Wait a minute. No, no, no, no, no. I'm calling the vote. I want to hear what she was talking about. But she she she
what Commissioner Smuckler was talking about. Just so I can clerk. It It has It just has to do with something that that we're duplicating. No, it's called competing. But they don't have a no no complete clause for freebie. Is she talking to me? Yeah, she has it. Is she
talking to me? Wait, wait, wait. Hang on, hang on, hang on, hang on. Can the attorney take I I have called a vote. I've called the vote. So, all in favor, you'd be better doing a show of hands. All Okay. Where's the clerk? Are you want to cl Okay. So, do the roll call,
please. Okay. Well, I'm going to just start at the end. I don't know where is. Um the motion is for as stated, we read the corrected. It is a bid waiver and it says it is pursuant to our city code. So, Commissioner Smith, no. Commissioner
Flurmont, yes. Commissioner Smuckort, yes. I'm going to start at the other end. I'm sorry. No, I go uh Commissioner Jean, yes. Commissioner Sue, no. Vice Mayor Chernoff, yes. Mayor, yes. Next
item. What was the also 52? And I just want to say that Proel has their headquarters actually in North Miami. Right. You lead. Okay. So, now we're What's the next item? Move to the next item. best deal our residents can get. Passed 5 to2. 5-2. Next. And if I had it, the two dissenters were Commissioner
Sue and was it you, Commissioner? Yes, it was. Okay. Those are the two. So, we'll move now to item 11.4, I believe. Um, no, that was done. That was up. I'm sorry. So, 11.5. 11. Item 11. You need
to introduce. Yes. Um, second. Do I have a second? Yeah, I'll second it. Okay. Item 11.5, resolution number R2025-65, approving a budget amendment for fiscal year 2025 to amend revenues in the water operations fund to account
for settlement proceeds from the PAS settlement from 3M and Dupant uh introduced by Commissioner Sue. uh a resolution of the mayor and city commission in the city of North Miami Beach, Florida, approving a budget amendment to the annual budget for fiscal year October 1st, 2024 to
September 30, 2025 to amend revenues in the water operations fund to account for settlement proceeds from 3M and DuPont providing for the allocation of the net settlement proceeds to the water operations fund reserve. Providing for implementation, providing for an
effective date. All right. Motion to approve. Uh I'll I'll second it. And all in favor say Oh, I brought it in for disc. Well, I was I was just I want to clarify a couple of things on this one issue because cuz I remember when this came about prior before you came,
Commissioner Sue. Uh this is something that we negotiated with the prior council. This was when her was still here. You remember her was still here. This was brought before us. We negotiated a very good rate. And I understand that you're taking the lead in this. It was going to go to reserves anyways, but I understand you want to write it down. Well, it goes to reserves
issuing subject to your budget. Yeah. Yeah. Yeah. Yeah. But but don't we need it to we need so it costs money to remove this? No. No. To remove this PA. Oh, no. It costs money, but we've we've already started this process. We've been
fortunate enough Mhm. by God's grace. But don't we need this money to No, this was a settlement as a result. Yes. But don't we need this money to continue to remove this? Yeah. Yeah. Yeah. No, it's going to be utilized, but it can be it's my thing is that the this is this was we were fortunate enough because of the
fact that we entered that lawsuit, right, and that we got this result like I said prior to before Commissioner Sue showed up um got elected to the state. I'd like to hear from Hamid. Just let me say for the reszo that you're voting on says goes into the water operations fund
reserve, but it says for use toward water system operations, capital investment projects, rate stabilization, debt service coverage, or other utility related purposes as determined by the city commission. All right. So now, do I have a motion in a second? We already
did this. But I have a question. is um are are um appropriate uses um we care to serve as well? Is that is that an appropriate use? Stabilization. Um so can we specifically allocate a number to recare? No, no, no. I don't want to I I
want to be able to allow it to we can we can Okay, we can talk about that in a budget process. I'm saying like it allows us to have this discussion. All we're doing is putting it we're agreeing to put in when would that conversation happen? during the budget during the budget process. It's still parking it in. We're just
parking it until you decide what to do with it. So, like let's Oh, well, I thought we can get that because right now I thought we can get some funds at least uh you know, uh, you know, some money right now and we can deal with that another through the mayor. Um, the city won't be receiving those right now.
Um, it's still several months away and by the time the city does get the actual funds, you'll be um in October. Exactly. So you'll be dictating as to the use of those funds through the normal budget process. So it just aligns really well. Okay. I just saw I thought the money was already Okay. Thank you. These are okay.
These are the PAS. So just to be clear, I want to make this very clear. We have not received this money. We're not going to receive it for several months. We're just parking it where it's supposed to be. That's basically what we're doing. Nothing special. Nothing. We're still going to go through our budget process for fiscal 2026. Everybody's on that same. Commissioner Smith, can you have your final your thought, please? I I
just want to make sure that we discuss adding the word city manager before May 20th. Adopted resolution. We're voting on it now. So, we did not adopt it. We're adopting it now. So, we wanted to put before there. What did we want to put? Not
pending upon is that upon vote on you're the attorney. What should we do? What do we do with their question? No, it's a ter it's a word choice. the says adopted resolution. We didn't adopt it. We're
adopting it now. We We didn't The way it's written down right now, Joe. Okay. I'm Commissioner Smith, what is your question? Whereas the first whereas clause where first whereas adopted resolution on this, we
didn't adopt it May 20 if adopted or when adopted. Wouldn't that be you vote in if you vote in favor of this you make that whereas accurate we have to fill in the number it doesn't have the number either okay okay so now okay so
let's clarify mot uh so I have a motion and second all in favor say I any opposed doesn't no passes unanimously now we're going what item I think it's 11.16 11.6 Yeah, that was removed. Didn't we already do it? No. Did we do 6? Yeah,
now we do it. That was withdrawn. Okay, we're going to discussions. I think that we're now going to the discussion item. Okay, we took care of Black & Beach, right? Yes, sir. And the traffic calming. Next would be the um uh discussion item for resolution um
2025-17 ordering the end of the flow ride of the city of Miami Beach's water with possible action by Commissioner Lindsu. Okay. Okay. So, so here's my qu um Commissioner Commissioner Sue, this is your item, but here's my question. This is this is for all intents and
purposes law, right? Correct me if I'm wrong, city attorney. Um, regarding I guess the the the whether the governor does or doesn't take action. No, he's already signed it. He signed it. He signed it. It's law. But notwithstanding, it's also law because
it is adopted in Date County by the Date County Commission. Well, so I mean we're I mean we're separate we're a separate entity to a degree, but you're saying because of the home, Mr. Mayor, it does it doesn't matter. It's inevitable. It's inevitable. So it's inevitable. So like what I mean at the end of the day like
we're it's going to happen. Um staff has direction that they have to do the recommend um the health department from the health department. Make a motion we vote on it. Approve. So I have a few questions about that. I made a motion we vote on Well, no, no, no. We can't The way this is written No, no. this the way
this is written, right? The way this is written doesn't kind of has a lot of I don't think you understand what you're voting on because this is not this hasn't been a hasn't been updated in regards to what has happened thus far. You're you're only utilizing the prior resolution you've done months ago. Got it. So, let's to be clear what we're
what we should vote on is that because of the fact that we have a governor that did X Y and Z because we have the county saying we've doing XY we have we should come in line to that. So I'm saying that that is a sensible way of going about it because at the end it is what it is. Subject to any injunction by the way
that's what I subject to that there could be a lawsuit. subject to any injunction that prevents such. However, the the operative part of it that you still would want to consider is that the resolution called
if the city stops flidating which the law unless again as you say mayor unless there's an injunction loss or something the city will be stopping Florida dating both because the state voted it and the county voted it and they both preempt
us. True. But this resolution calls for the fact that certain funds that were being expended for fluidation are no longer being going to be being expended. I mean, and this calls for treatment. It
it has some certain statements as to what should be done with the money that's here's the other issue. See, I this is where I get really confused. How can you say something is poison but also give an opportunity to use that poison in some other capacity because I don't consider fluoride poison but because No,
I know it's not. Look, I'm I'm a smart depends on the level. No, no, it depends on No, no, but like you cannot you cannot in one breath say, "Hey, fluoride is bad, but let me use some of that money to give you additional fluoride." To me, it never No, no, Mr. Mayor, if you wanted to take fluoride supplements,
you need a prescription by a health care professional. You can search it. Every a doctor or a registered nurse needs to prescribe any fluoride supplements to you. So, um, you have it in toothpaste. If you'd like to eat the toothpaste, then you could do that, too. But what
I'm saying No, no, you're missing You're missing my point, Commissioners. You're saying that it's poison. No, no, no. You're you've you've mentioned that. I He didn't say that. He didn't say that. Part of the resolution that
remains is if the city is going to not be spending money for flidation, there will be a lower expenditure fund and the resolution.
So just so part of that well I would I would ra I would like Mr. Mayor could I ask a question? Yes, Commissioner Smith. I want to know if do how much chemicals do we have left if we stop it tonight? So, how much in do we have invested that'll be there?
Because if we vote on it, do we want to make it immediate? And if we make it immediate, what what supplies does he have? And is there a way to distribute the supplies we already have? I I would like to have it in line to how the county is doing it to be in line because like I said, we're preempted in that
sense. Also, um I I have a question to um to and maybe I'm misunderstanding what I'm hearing on the news, but on the news it's not saying that that the bill is to end fluoride. It's not using the word fluoride. It's using the word
additives. Additives. So, we can't Yeah. Fortuna. The the water our water has natural fluoride in it. Right. But the but the bill doesn't use the word but supplement additives. the word the bill doesn't use the word fluoride. So we
can't because it's called it's called not fluoride it's called minerals minerals or something called fluorocyic acid. So that's oh cuz I I I thought I saw on the news and maybe it's fake news but that it's to end the use of of
certain mineral minerals and that it never says fluoride says additives. Yeah but what's an additive interest? So the additive in this case there no there's there's several additives now the chlorine has been exempted because it already has been I know there's other
additives right um yeah of course of course to clean our in our additives what do we have a lot you should have a list but go ahead good evening yeah so uh yes the bill is talking about additive in the water that
does not have the water quality related impact for sure you're adding without other additive in your water. For instance, we're doing chlorination, right? So, should we remove that? The build is not reflecting that. So, it's
pretty much narrowing it down uh to the only additive that doesn't have the impact on the water quality side of it. It's only fluoride. And we're still waiting for more guideline as far as from department of health on what would
be the process for that because now it's in effect. So we're preparing our uh operation because there is there are some adjustment that needs to be made on the operation to make sure we continue monitoring the impact on the pH or other elements in our operation. uh while
we're working through that, you know, uh depends on the direction from the commission. I understand that if we tell them to stop the submitting adding additives to the water of fluoridation that is considered fluoride, then he
still has to get it approved by the health department. No, it's a he can't do it. He can't do it. Regardless, we have to notify Florida FDA and FDO. Yes, sir. We need to notify follow there might be some permit impact
because our permit for water treatment plan is considered with the fluidation. So now we need to modify unless they relax it. So they don't have the guidance yet but we can still depends on the you know direction from commission we can proceed and find out. The way the
way like I said they this is not a switch you turn on a phenon. It's not like some guy that's just pouring fluoride into a to a bottle like hey let me stop it right now. That's not how this works. There's a process and procedure. That's why you have certain timelines with the county that has a period of time to do it. You don't just automatically do it. Days.
Do you just That's an arbit. You just create an arbitrary number. I'm not. Where did you get the number? They said June 5th. You read the resolution. When did they vote on it though? They voted when they overturned. How long ago was that though? Kava. That was earlier this month. That was what a couple That was like what? May two weeks ago. Two weeks
ago. At least. No, at at least two weeks ago. I think May 2nd was when they voted. So now you want to give a 30-day timeline to for us to to phase it all out? Is that what you're saying? Yeah. Okay. That's what is that enough director? Is that enough time for you? Wait, hold on. Let me explain. So the
whole point is that we don't add any more fluoride and then the and then the water director actually goes in to see how do we balance the pH after we remove that process. It may take the pH goes up. So what he needs to
do is to see what he could do to to balance the pH so that it's at the level that you need. Well, there are some indirect uh you know per uh Mr. Mayor. Okay. So it does take one question. He said it for the record. How long does it take for you to get that balance? And
did did the county speak to the process that they're taking to a different FDO department of health just sent a guidance that informing us there are some process that will be more guidance that will come to the line as far as what would be the potential
impact on certain utilities. Some utility may just you know decided to go that rather than shutting it down with no impact. So, can we make the motion with a time certain to give you that allowance versus your discretion? Well, no. The
thing is is that in 30 days? No. No, you can't. He cannot. That's what he's saying. What I'm saying is that we we want to give direction to stop the flooration to the to to the All right. We're just going to give the motion. We We're going to stop Floridaidation. So, Commissioner Sue and and for you to follow the process and completing that
for however it may take you to to to verify. We'll follow your direction if you guys vote on that. I motion to approve removing the addition of fluoros any any fluoride additive to the water. I made the motion
to do that already. Okay. Second. Wait. No, no, but to clarify, he needs that you you have to I make the motion to remove fluoride per our water department's guidelines to make sure
it's done correctly and it's done under the law that we now have with the county and with the state. Ma'am, to your point, we will follow the proper regulatory guideline to ensure you know after whatever this decision subject to
in an injunction if if ever filed. Right. So, we got a motion. Your motion, Commissioner Smith, can you use the language? I'm sorry. Can you use the language in accordance with the law? There it is. That's the I could I could not only use that language in seven years, I could
actually start it myself. Yeah. There you go. Mother of a lawyer. There you go. So, we've So, that's the motion she's made. We have a motion and a second for Commissioner um Sue. Feeling better. All in favor say I. Hi. Hi. Welcome to politics. All right. Passes
unanimously. Next item. Thank you. We're on discussion items, mayor. So, the next one, uh, we talked about 152 and 153. I think we got to 154 sustainability efforts commissioner. That was 70. Yeah.
So, what number? 154 effort commission. That is only 156 left. All right. Mr. S. Um, okay. So, there's a lot of things that are about to move in our city,
right? Whether it be like maybe uh smart utilities and um a lot of things that are in advance. I want us to like Sorry, the mic is I want us to to consolidate our our actions when we choose items. What happened? No,
apparently I wasn't on the mic. It's item 154, sustainability efforts. Commissioner Sue, sorry to be on the record. So I mean I've been talking about this with with several like departments like water. I've also been talking to Marlene about this. So you know we think that this is the path
forward if we're going to do resilience and and sustainability. That way we can also if we start setting up our systems that way when we look at look into getting grants um or funding for certain things like I
think we would it would be it would it be in our purview we would be able to qualify for more grants. Okay. All right. Marlene, would you like to step in? Um a little under the weather. I
apologize. Um but to echo commissioner Sue's sentiment um we noticed there is a gap in general regarding sustainability efforts and resiliency and part of our um participating in the CRS program this
the community rating system through the community development department there's opportunity for us to really focus on implementating implementing programming and activities that would align with us re uh receiving giving improved
um ratings for the CRS program which would thereby reduce your um insurance premiums uh for flood. In addition to that, uh I've had conversations with the water director who also echoes the sentiment of establishing some
initiatives in the city that our residents can take part of um by means of establishing a committee or perhaps a division within a department um based on how the commission would like to proceed. That's great. All right, that
sounds uh can we we have consensus to do that? So, can we yield this to the to the um budget process? Yes, we'll yield it to the budget process. We understand that we have to have sustainability. We we understand we have to have sustainability. Thank you for bringing that forward, Commissioner Sue. Yes. I I would also like to see if we'd like to
start a committee that is like staff mixed with residents who are interested in this effort so that they could bring new things to the table. We I mean I I think we should have some we should take some time in reviewing that issue like we have time to do that. So initial I
sent this to you like a couple of uh months ago. Did you guys see this? No. Oh, it was sent to you. I think um it was Madame city clerk. Well, the thing is like for for me like I I I would have some I would need some additional time. It's not saying that we don't want to do it. Commissioner, I understand. I just say that like let's go through the
process, please. Okay. We don't Why would How would we know how much budget we need for it if we don't discuss it? Well, we're going to that's going to So, we're going to talk about the budget when we're talking about what possibilities are. I think from the sustainability standpoint there's so many different categories in it. It's a
bit it's a big gambit. So the water is a po portion maybe water can um to your point lead in that if there is you know but I think there's so many different areas of sustainability a lot of things that if we narrow it down to just water
that would be one thing but like to your point about insurance and the different the the impact that it can have you have to identify which area we want to narrow it down to so that's why I want to have this more fleshed out that being said
staff has direction. I I want to go to something that you did. We're bringing up Commissioner Sue 15.6. 15.6. So if Northeast 159th Street Roadway widening, uh, Commissioner Smith. All right.
Commissioner Sue Smith. Commission. Smith. Anyway, I can start talking about it. Well, I mean, it's it's an issue. Look, we've gotten a lot of calls from this. Um, Commissioner Sue, do you have any additional thought? Cuz I I think we need to we need to support this. I think we have to support. What would you like
to see? Not doing a six line highway. This is Commissioner Smith's item. I understand, but she's not. But we're moving it along. So, here she comes. We're moving it along. And I'm going to say that like actually we did we did a study about this before North Miami
Beach did. And the advice was was that this was not conducive for a highway like What year? What year was that? Widening. What year was it? Um where is uh Mitchell? Who's uh oh Mitchell and Zafar? When did we do that study? I don't know off
right. Probably like 2010 I think or No, no, I think it was not that far ago. Not that long ago. Okay. But I think it was like just a little bit pre- pandemic. Pre- pandemic. But the whole the whole point is the residential area is not suitable for
that. And um right now if you add that traffic and the speed, the distance from the sidewalks and all that. Oh. Um, so anyway, I'm I'm here. Commissioner Smith, would you like to continue? 159. I know what we're talking about. I
think I I want to see the next meeting that we're having and I am anxious to see if they're going to divide it. In other words, they they from the residential area from 6th Avenue to West Dixie High
Highway may be one extreme one one extra lane and it'll be three lane highway a three-way lane road and the from 6th Avenue to Northwest Second may be different. I
want to see what they're doing on it. I've had a lot of calls and one of the women that's been very involved, her mother lives on that block. I rode down the block specifically to pay attention to it. The problem is I'm worried about injuries. I'm worried about our resident
safety. Absolutely. That's what's really concerning me. How are they going to get out of their house? How is a child going to learn how to ride a bike, skate, go to their friend's house on a sidewalk? It's really going to change the quality
of life for people that live on that block. Um, I'd like us to, excuse me if I may. I would like us to send a message to the county. Make a resolution by all the houses. Well, a resolution has been asked to be presented and I was only
holding back and it wasn't asked to be on this particular You wanted to wait for after the meeting, right? Well, no. The thing is is that hopefully the people were going to have a private conversation with the Dade
County representative and they have not been able to make the appointment with them to see if they could get that representative to go strongly with the commission, the council for Dade County to explain to her fellow commissioners
not to pass this. That's correct. So see and I and I put out a message to them. I put out a message to them. So you're saying allow so we should wait for that conversation to happen. Well that's what they asked me to do. Otherwise it would have been on this resolution but it should now it's if that conversation
does not happen then the next month we should definitely put together. Can we table this? So can we table this to the next meeting that one that to have that discussion for the well I was thinking of bringing a resolution to for us to to to move forward in dealing with Mar. No, no. I I don't want to wait. That's We're
dealing with a Wait, just to be clear. I want I want to have the like I want to give some discretion like I want them to have they've they've asked to say let's have the conversation with with Commissioner Bastion, right? So like we can still do the resolution to to this is this is a long-term project. So can we wait can we table this? I think we
could table it until until I mean we need to have a resolution next month if if there's no conversation that's going to go in a good direction. And I think I'm hoping that between now and next month there will be a meeting from the
county with us to be able to go and and I think we should call and offer North Miami Beach uh you know I think we should offer our yes center for them to have a meeting. Look what happened when the tax assessor came. I it's been offered direction will be given to the manager like we'll we'll so we we're
going to table this to our next our June meeting. All in favor? Do I have a motion or a second just to table till the next meeting date? That's a date certain, right? Motion. Date. So moved. I have a second. All in favor say I. I. Before you before you go to your next item, Mr. Mayor, I just wanted to um
make sure the clerk and puts and through the manager for the um federal lobbyists for them to make a presentation on the priorities that were selected. Um Turbo, right? Is that Turbo? Yes. We didn't get We didn't federal is it? It's federal. Yeah, that's that's the one that works
as uh uh that we use that for the government. No, that No, we do. We do, but mind you, they have a bunch of stuff. We we need a lot of help. That being said, a manager, can you please work on a for next meeting a presentation or or at least have one-on- ones with our east commissioner in regards to those issues? Now, we go,
what's the next item? Miami Gardens. Can I add one thing that's not on there that we can think about, please? Commissioner Smith, we have we I behavior. I'm you have been in an excellent behavior, Commissioner Flormon. But Commissioner Smith, what is
that one point? The one point is the is nor because talking about safety on 159th Street. The safety of Eastern Shores is critical for all of us on this commission. It's critical. And we're talking about the safety with what's
going on with the road and the construction that will be coming forth on the property of the shopping center. So, we really have to pay attention. I'm going to tell you why it's important. We had a mishap this past week and the
traffic was blocked for hours and hours. If you were coming from the beach, you had to end up going to William Causeway, cross William Causeway. That's going to be the norm. I have spoken to Sunny Isles. I want to bring them in on this.
Mr. Manager, if you will make an appointment with their manager, I would even like to sit in on that because we're talking now a safety issue. As I said to somebody the other day, and I said I'd be brief, but you know, I don't have young children that have to be
picked up to go to a dentist appointment. I do not. And I don't have food delivered to my house. I cook. And I don't have business people sending me supplies at my house so that they're always coming, dropping off. I don't
have that kind of business. But you know what? If my husband, god forbid, has a stroke, I need them to be able to get there. If some of my next door neighbor across the canal has a fire, we need them. So, we cannot I think 750,000 was
put away for the U-turn. I I believe that was I want to make sure that that's implemented. I want to make sure that we get the report sooner than later before they start construction because when you saw what happened last week, now we're
talking about safety and the life issues of our residents. And you know what? I I really have to say my next door neighbor, I think they pay 70,000, but the neighbor next door to them pay
$125,000 a year on their taxes. you know what they can do to help us in all of North Miami Beach? Let's help them. Well, this is this is what I will say and I've I've heard this a lot. Um and I don't want to go back and
forth, but I I hear your point. That's that um Thank you for adding that before we conclude. I We still have more items. No, we No, no, I mean we have Okay, we Yeah, we do have the commission. What about the manager the city manager report, right? And we have Washington Park and we have No, no, but I mean it's but it's all like the report is always
it's it's in there for us. Okay. It's something that we always kind of say it's there. But but thank you for that point. City manager. Do you have any additional thoughts in your um going down to 16 item 16? All right. So now we're in we're moving going to say about
the about um the No, no, I'm just saying like thank you for the point. Now we're um we're going to city attorney report. We did discuss that. Yes. No, it's in there. It's in the We did the city news report. Yes, sir. May. So, so now we're on um we're not doing eight city commission reports. Can we just
wave that and move on? That's by the way, just as to Commissioner Smith's comment. I do want to mention Commissioner Smith. We discussed this with the manager. The manager has asked because that's a county road apparently and he is in discussions with the county about it. All right. So, it has been you
you asked us to look at it. We brought it up with the manager and he's talking with as well as the state to get the state approval about some of the land off of the so we did respond to it and the manager already had those discussions ongoing. All right. So now
we are going to mayor's discussion. I I wave that. Now we go to number 20 adjournment. Do I have a motion? Do I have a second? Well motion in a second. All in favor say I. I. Thank you so very much. See you later folks. Stay safe. Stay blessed. Go to Danny. That's all of
the 16 minutes.