Right. So, I'm not I'm trying. >> Yeah. Now this morning I saw I haven't done laundry in a month. Here
you go. The chief fast. All right, madame clerk, we're going to start our commission meeting. I'm good. How are you? >> No, he's right there. He's in there.
>> He's in there. Jesus. No, I need a clerk. Okay, >> have to tell everyone. All right, madame clerk, we're going to start our meeting for Tuesday, December um 16th for 6 o'clock. Can you
please do the roll call? >> Commissioner Shoff >> here. Commissioner Fimmon >> here. >> Commissioner Smith. >> Commissioner Smutler >> present. >> Commissioner Smith. >> Commissioner Sue
>> here. >> Vice Mayor Danielle Ajan >> here. >> Mayor Michael Joseph >> I'm here. >> We have quorum sir. >> And we have invocation 2.1. Pastor Pinty Tobin. No invocation, >> right? You don't stand for invocation.
>> You don't have to stand. You can stand. >> Amen. >> I mean, 20 minutes for No, just kidding. >> Um, I do want to take a point of privilege as we begin. Just this week has been a heavy week. Um, there's been a lot reported in the news throughout
our country and our world. um many things of anti-Semitic behavior incidents that threaten us across the United States and internationally. And I think that that causes us a moment for pause and definitely something that
we need to address and to think about. And the question that comes to my mind as we come to a time of prayer is when did it become acceptable to attack people simply for who they are? >> Right? across all of our faith
traditions. Loving our neighbors is part of who we are. And when we allow hatred to take root against any group, we all lose. Hate breeds fear. Fear silence voices.
And fear fractures communities and erodess democracy. With that in mind, let's go together in prayer. God of peace, God of memory, and God of
justice and mercy. We come tonight carrying the weight of grief, of fear, of concern, and we lift before us our Jewish siblings and neighbors, all who live under the threat of hatred
and violence. We pray for shalom. Not calm, not shallow, but the deep peace that makes us whole, that heals what is broken, restores dignity, and completes what
fear has fractured. In moments when hate grows loud, remind us that grace comes near. Give us courage for our voices to speak when silence would be easier. Give us integrity in our actions to
stand with those who are targeted by hate and to choose love even when it may cost us comfort. Open our eyes to see suffering clearly. Open our hearts to respond with compassion
and our minds for the work we are called to do. The work of justice, the work of protection and peace. Unite us because we know that together we can create positive change. Together we can resist hate.
And together we can choose a better life for each other. May it be so. Amen. >> Amen. Next is the pledge of allegiance. >> 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. >> Madame Clerk, do you have any requests for withdrawals, deferments, or additions? >> Mr. Mayor, per the request of
Commissioner Smith, item 9.4, 4, which is resolution number R2025-190, Eastern Shore Special Taxing District, First Edition, accepting the recommendation to retain NICE Protection Services for stationary guard house
security services that is being requested to be withdrawn from the consent agenda and heard first after we've completed all of the consent. At the request of Commissioner Sue, item number 9.9, which is resolution number R2025-195,
approving a task order with Ramba Consulting that is being requested to be withdrawn from the consent agenda at the request of Commissioner Sue. Item number 9.12 resolution number R2025-198
approving purchase orders for your office in JC White for workstation that is being requested to be withdrawn from this agenda at the request of Mayor Michael Joseph in addition to the consent agenda which will be resolution
number R2025-203. This is titled denouncing the anti-semitic attack against the Jewish community that occurred on December 14th, 2025 at Bondi Beach, Sydney and Australia being sponsored by the mayor and commission. A hard copy of that
resolution has been placed on your individual areas at the request of Vice Mayor Danielle Aja. Item number 11.2, 2 ordinance number 2025-09 establishing the housing and economic
development department that will be deferred to a future meeting. Those are the only changes that have been requested. Wait, um hold on a second. At the one more at the request of Commissioner Fortuna Smuckler, an item
titled police detail will be added um under discussion. >> Madam Chair, >> 9.9 is being withdrawn or >> sorry, repeat that. >> 9.9 is being what >> is being brought down to discussion >> to discussion. Okay. Thank you.
>> And I wanted to ask about 15.5. >> 15. >> Can't hear you. 15.5. >> Are you Did you table that one? >> Mr. Mayor, >> wait. That >> give me a second.
>> Item 15.5 that's under discussion per the request of Commissioner Sue. >> 15.5 which is um public util public utilities commission authority. You're requesting to have that withdrawn from the agenda >> table. Tabled, please.
>> See? Okay. Noted. >> Commissioner Smith. >> I'd like to discuss withdrawing the economic development with staff. If we we have put the money into the budget. So, if that's delayed to another date to
discuss starting that board, what effects will it have on the budget, on the city, on starting this off? Good evening, Mayor Commission. Um, if the item is held, I'm not sure for how
long. Um, you'll see a savings as you won't be expending on staff. But in addition to that, there will be a pause on programming until, um, we have the appropriate staff to implement them. >> So, a pause on programming seems to be something that we should pay attention
to. I don't know why we're going to delay this vote. It's either a yes or no and the money's put away. But when it comes to some of the things we're voting on now tonight and that is work workforce housing etc etc I think it's
more important than ever that we have economic development stab established very strong and I think it's important that we bring this forth the money is there I don't understand why the delay will make a difference if there's somebody that wants to object
>> then we can do that >> I said thank you so much if I if I'm recognized Yeah. Yeah. Before we go, >> thank you. I wanted to I had asked since the budget hearing that I get a one-on-one with the plan that was implemented, not just the positions, not
just the salaries, but actual an actual plan if we're going to be putting together a department, which I think is necessary. I'm a strong advocate for economic development, but for us to allocate a million dollars and not necessarily have a clear picture of what we're actually implementing, I think
it's fair for us to have that and I've requested that already. So, I think it's fair in my seat for me to make that request. I agree that the programs are important and if you look back starting with ARPA and other the historical reference of a lot of these programs,
they have been a lot of instability within these programs. So each commissioner deserves to have to be fully briefed on how these programs will move forward. >> All right. So just so to be clear um the only objection that we currently have is
regarding that particular item. So I remember we had this an issue like this similar. So what well what I'll do is if you if you're now if you want to make a motion >> I make a motion that we >> accept to because right now like you you
have to make a motion in in essence to I guess accept all the other you know deferrals and and withdrawals and tableabling and what have you except for that and see if you get a second and then move it from that point. >> But Mr. Mayor why why change the process? Obviously there there might be
one objection to that particular item but if one commissioner has paused then that should be respected I'm not I'm not >> and also to that point um Mr. manager, this has been a request made of you and
your staff for quite some time, at least two months. So, respectfully, it's not just about bifurcating the request for approval. It's honoring the fact that it's a million-dollar department that we're putting forth and no one has a clear picture of how we're going to implement it.
>> Okay. Well, here >> I can I just address that, Mr. Mayor? So that's a very interesting sentence you said that I think one day we should discuss it if somebody has an objection. Does that co have a pause that we listen
to the objection and change the procedure that that is not included because somebody had an objection. And the reason I think a vote needs to be taken is because somebody could not want something to be on the agenda and every month just say I have an objection.
>> That's true. >> So we need to have a vote on whether or not >> I would not like have that type of >> and I think that that's an important statement. So what I also want to put to that point is this >> c certain items if you have a pause yes
you should be able to express that p pause publicly right. So when certain items are pulled, what's his justification from having certain items pulled and not others? So are we going to also make that a a a new president as well? Because we had a few items that have been pulled tonight already.
>> Well, no. Well, here's the issue. This is >> Mr. Mayor, without cutting you off. >> Well, we have an attorney here for this very purpose. >> If we can get clarity, >> we get to that. Can I just Can I make a motion to approve except leaving 11.21?
I'll second it. Okay. >> I just did and she seconded it. >> It might be more appropriate to bifurcate it. >> That's what I was suggesting. That's initially >> Sorry, mayor. >> I I Yes, I'm trying. So
>> So it's a bifurcation, right? So you motion uh I guess Commissioner Smuckling, your motion bifurcate just that just that one um piece of legislation. You had a second, right? >> Correct. So, that being said, we could either have a discussion or we could just vote. Um,
uh, >> oh, there's no reason you can't talk about >> Okay. No, I I like Yeah, no issue. So, I'll go down. >> Well, I'll I'll start it off by saying this, Mr. Manager. I've made that request of your staff. Marlene Modesty is over economic development as it
stands. Why haven't I had the time or the respect to have the briefing that I've been asking for? And that's a direct question to you. Commissioner, uh, thank you for the question. Um, I'd have to really look into it. My
understanding is that the that the uh the ACM reached out to uh the commission. Um, I don't know if she got uh feedback from everybody or the or maybe the um um timing didn't align, but uh I I under the impression that she did
reach out and and I I'll have to follow up um on your specific uh incident, you know, case. >> ACM, if you could speak to it. >> Um that is correct. So on October 24th following the meeting where the request was to hold off for 60 days I reached
out to the entire commission and asked for availability. Um and then recently we did meet um one of the points of the conversation was to discuss it. We didn't get a chance to do that but um I did reach out. >> Okay. So let's be clear. I know you're
one of the candidates for the city manager role and I don't mind if the item passes because I I want this item to this is an item that we need. Respectfully, if any commissioner reaches out and asks for a plan or asks for explanation, that person is
deservant of that and it's your duty to provide it. Right? I'm not sure if I'm if I'm out of line or out of bounds, but if someone is asking for a description, this is for all of us to be able to support each other in that fact. It's not to single out anyone, but if I reach
out about something for two months and say, "Hey, give me an explanation. Give me an outline. Why haven't I received it?" Um, I apologize. I didn't know that that was what your request was outside of having additional conversation um which I did request from all of you. Um
in addition to that, the outline is pretty much what was approved in the budget. Um we've identified how much funds would be allocated for certain programming and if there was anything that you would want to see outside of that, I'm definitely still interested and willing to hear it. Comm >> Commissioner Turnoff,
>> Commissioner Sue. >> Okay. Okay. Um, so I want I'm sorry. I I think that um we we discussed this before. I feel like we are still in the middle of choosing a city manager. We have a lot of city
manager candidates that are very skillful in in economic development. I think we're all familiar with that. And I'd like to hear what they would have to say when they come into, you know, when they get appointed. And therefore, I'd like to like maybe defer this for another month or so until we select a
city manager. I don't know if that would be acceptable to the commission. >> All right. Commissioner Muckler, Commissioner Flormont, Commissioner Smith. >> Well, I I'm hearing everybody. I'm listening.
It doesn't matter who's the manager. We need economic development. Hopefully, whoever becomes a new manager will have had experience, will be skilled, will have contacts enough know who to hire to head that department.
I just think delaying it and delaying it doesn't do do us justice. When you look at the ordinances we're voting on tonight about housing and about changing a lot of our code, I think it's imperative to have an economic
development in place. I think that we keep delaying it for what reason? I I can't imagine it would make a difference whether it's now or whether it's January. Anybody that comes in as a manager can change any department. They could change what's going on with zoning. they could
change what's going on with the water plant. They're the manager. This is a manager city and that's what's going to happen. I say we push it forward tonight. We vote on it. If it votes up, it votes up. If it votes down, it votes down. But if it votes up, we can get
started and we can implement some of the things that are in that we're voting on tonight. We can implement them right away. Thank you. >> All right. And I agree with that. And now here's what I would say to the public as well. Pay attention to programs like ARPA that have not been
well facilitated and also pay attention to the track record of the economic development efforts in the city which have not been consistent. So I do want to put that on the record as well. >> All right. All in favor say I. >> I. Any oppose?
>> No. >> Come here. >> Oh, show hands. No, we did a >> restate the motion. So, we're bifocating um >> wait. >> Yeah. >> Yes.
>> No, we have a So, let's vote on that. >> So, we're we're voting on we're voting on the >> Go on. If you're bifurcating, first vote on the part that there is no disagreement about. Oh, yes. And then come back and have a a clear motion so
everybody knows what a yes vote and what a no vote. So just can you read can if you can >> Yes sir. The first part is to approve the changes to the agenda as read with the exception of a bifurcated issue on that one item for the economic
development. >> Let's do that right now. All in favor say I. >> I. >> I. >> Okay. So it was it passes. I didn't hear any objections. Okay. Next. >> And the other is I guess it's a motion by you, Commissioner Smith. motion that
we include regular agenda to discuss the economic development >> and second. >> Yes, Commissioner Smuckler. >> Okay. So, does everyone understand what the motion is? The motion is to vote to
include the economic development department item. >> A yes vote means you will include it. A no vote means you want to go along with the deferral. Everyone's clear. Yes. Olive, >> can I just say something before I vote?
I and I just want to make it clear that my vote has nothing to do what whether I want this economic thing or not. It's that, you know, sometimes some of us want something to be heard and decided on and voted on and I just want to give the opportunity for us to to discuss it
and vote on it. >> All right. >> So, that's why I'm >> I mean, we're going to have a chance to discuss it anyway. That's >> Well, we weren't if we were going to table. >> Oh, you're right. But we >> That's what I want to do. That's my my reasoning for for wanting to to hear it and discuss it. >> All right. >> And mayor, you want to do show may want to do show of hands.
>> All right, we'll do a show of hand. All in favor say I. >> I. >> All right. All All oppose. All right. >> Passes uh passes 43. Next item on the agenda is uh
presentations and discussions. >> Do we have any? >> Yes. I saw there's an Instagram from Commissioner Smith. >> When When is this? >> Oh, that's going to be I think >> right when
she said it, but >> when is this going to be >> while she's preparing this? It's very interesting >> consent >> because um I was sent this and I felt this is something that uh >> whoever watches from outside who's ever
here that the resident should see and it just so happened Commissioner John put something on the consent agenda about this very item >> of having a collaboration with the community to make a better city. Are we ready?
Everybody, >> here are three vigilantes in my city who are anonymously doing really cool things for the community. First is Potholes of Chattanooga. This artist has taken it upon themselves to repair potholes around the city, but artfully with mosaics, usually with the design of smiley faces, even if they're tiny. This
person has filled about 74 potholes around the city in the past year. You can add a map of the smileys to your Google Maps and treat it like a scavenger hunt to find them. I love that Potholes of Chattanooga is taking it upon themselves to fix a real problem with our roads and spreading cheer and joy along the way. Second is Chatt
Transit, who noticed that a lot of bus stops around town didn't have benches for people to rest on, so they began building benches to help fix the problem. They've even made some little transit cubes out of leftover wood from bench builds, too. Chatt Transit has personally built over 30 benches and has coordinated with the Chattanooga
Urbanist Society and recently two local high schools in a woman's club to contribute to a total of 196 community built benches so far. Third is a person who noticed that there was an overgrown path in his neighborhood that forced students to walk in the road to get to school. So, this person took 3 days to
clear it out and place concrete blocks and mulch that functioned as a sidewalk. This is a great example of how you can't always wait for the city to do things that need to be done and sometimes you have to do it yourself. But something that truly any of us can do is pick up litter in our neighborhoods. One of my friends does this every Saturday morning at his nearby park. He grabs his bucket
and grabbers and has simply incorporated this into his weekly routine. People like this are changing our city with rippling effects and it's beautiful. Let me know what you've got going on in your city. I love these humble heroes and how they just want to shower their streets with love. This stuff matters and it really makes a difference. Also, it's
fun. Thank you very much. I appreciate staff showing that where Chattanoo Chattanooga made a change in their city in the potholes by fixing it with a funky design on each and every one to make it
fun to do a scavenger hunt. They built a sidewalk so that the kids didn't have to go in the street. They put out bus benches so that people that are walking and people that are waiting for buses can sit down. They just thought of what
the need was and they went as residents and as a community and on their own they did not wait for the city. They fixed the need. So I thought this was very interesting and I wanted to share it with the public. I hope you're inspired.
It is the it is the season to give and give. So I hope you're inspired to make your city help us as make our city a better be more beautiful city. Thank you very much. Thank you, Commissioner Smith. Uh, next item is public comment. Madam Clerk,
>> good evening, everyone. The mayor and commission of the city of North Miami Beach has opened the meeting for public comment. At this time, there is 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 R Beach recognizes the importance of civility. The city of North Rain Beach requests that all in attendance to exercise civility towards each other. And our first three signed speakers are Stanley Brown, Charles Mosley, and then Sean Sherwood.
>> Good evening, Mr. Mayor. >> Just a clarification, Commissioner Smut, if you want to chime on this. Yeah, I was just going to say that that item is coming up in front of us if you want to speak at if if he wanted. Well, he didn't know. He may not know. So, I'm
just giving him the option to >> Yeah. Yeah. You have two opportunities. You can speak now or you can wait till when your item comes up. But I'll wait. >> Or you can speak for both. You can speak now and you get to speak. >> Okay. >> Again. >> Yeah. Yes, please. Then I'll speak both. All right. >> We have new people from Eastern Shores
here today. Welcome. >> All right. Good evening, Mr. Uh, Mr. Mayor, Madame Mayor, council members, my name is Stanley Brown. I'm a member of the first edition guardgate advisory panel and reside at 2975 Northeast 164th
Street. I participated in advisory board meeting that resulted in resolution R20251 190. I have serious concerns about this resolution and do not believe it is ready for the governing body's consideration. This proposal was voted on in haste without fiscal analysis and
no details as to the cost and sustainability. The proposal is to immediately begin manning the gate 24 hours per day. It was just September of 2024 that the advisory board determined that the current tax assessment would only fund 18 hours per day without raising the assessment. The advisory
board voted to do just that, reduce manning to 18 hours per day. At this time, it is not certain that 24-hour staffing is in fact required. Currently, the guard the gate is monitored utilizing an automated system that incorporates artificial intelligence.
There's been no issues. The automated system was purchased at an additional expense to homeowners with the intent of eventually having no manning at all. Now that the funds to acquire this system have been spent, the advisory board should be advocating to utilize it for
its intended purpose, not lobbying to spend money for 24-hour staffing. In addition to 24-hour manning, this resolution raises the cost to operate the gate by retaining a vendor that will cost $4.50 more per hour. We were not
able to sustain 24-hour operations at $18 per hour. How can we now afford $22.50 50 cents per hour. The resolution does not address the SX funds that accumulated the 11 months the gate was unmanned. These fun funds were not
collected contemplating and upgrading services and I believe it is fundamentally wrong at this time to use whatever surplus we have to enhance services. There was no analysis to determine how long current fund will sustain a 24hour $22.50
per hour service. What happens if we encounter deficit? Well, this propo when this proposal was made, one board member estimated that annual assessments could increase 30%. This is unconsionable. Our assessment is already more than twice
that of the 35th Avenue Guardgate District. I fear that our quiet little neighborhood is facing a dilemma. We have acquired a group of residents that intend on using the special taxing district as their HOA and they intend to have you, the governing body, burdened
us financially with their desires for the neighborhood. The recent attempt to collect tax for a Roven patrol failed. Discussion has now shifted to privatizing the entire 164th Street corridor. >> 15 seconds. >> It see what
>> 15. Oh, okay. All right. It seems to me the goal is to turn eastern shores into eastern fortress. Cost is not a factor. The protections afforded by the Save Our Home legislation can be quietly eroded when special taxing districts sanctioned spending at will. In closing, there's no
emergency. Let's take the time to get this right. Thank you for listening. >> Thank you. >> Your next speaker. Charles Mosley. >> Yes, Charles Mosley. >> Thank you, >> Mr. Mayor and council members. I just want to tell you I am a retired You said
congressman. >> No, I said counselor. >> Oh, I thought you said congress. but not progress yet. >> I'm sorry. State your name, please. >> I was clarify your name. >> Your name? >> My name is Charles Mosley. I'm a resident of Eastern Shores. I've been a
resident there since 1998. Retired from the military. So, I'm on a fixed income. And the thing that bothers me when I heard this proposal for roaming gate guards and increase of pay for these people when you're on a fixed
income and it has some great concern to me that me being there in this neighborhood for 28 years that this can happen without noticeable consent to a lot of people that we should be approving it. It
should be the residents that live there should have great approval for this for this uh change. When you go to I've been to other gated areas like Harbor Beach and Fort Lauderdale and let me tell you they just have a gate an automatic gate
open and a camera and that residence I know our resident is very nice but that residence is more than very nice but they seem to be viable without any incidents that's been going on for eight eight or 10 years. So the increases for
Eastern Shores for people who maybe can't can't afford it. It'll be a income I think is of a a taxing thing. It's something we have to really really consider. But you know the police the North Miami Police
Department has been doing a good job. When you call them they're they're Johnny on the spot. And I think why can't we have a gate guard like Harbor Beach and Fort Lauderdale and it seems to be functioning well. They've had it
for eight or 10 years, you know, but uh to uh live in this area, which is a nice area. Uh, I just think that the consideration should be taken at hand for people who live there and maybe
can't don't want to afford the the added expense. And that's all I have to say. >> Thank you. Next speaker, >> Sean Sherwood. And then Bruce Lambert. >> Hello. Good evening everybody. My name is Sean Sherwood and I own the property
at 2090, 2070, and 2062. And I've been there since 1988. And over these years, um, there's been a lot of accidents because there's a fulfur park across the street. So, the community has to cross over the street. And just this weekend, a car came and smashed into my fence.
And a week before that, another car did. And I've seen so many accidents at this intersection. and they put a stop sign on I think it's 172nd right near the pool which eliminated a lot of accidents and I'm telling you someone's going to get hurt. >> I remember that. >> And my only concern is I don't want it
to be one of my tenants. I've had cars smashed into and I think what I what I need to do to get a stop sign there. >> Um I know uh I know we had a temporary one because it was right there for a while and then they moved it down to where the fountain was and it kept on moving. I know exactly what you're talking about.
>> Yeah. >> Um Mr. manager. >> Um, we can look into it. I believe we reached out to the county. I know we had some temporary stop stops there. They told us we needed to remove them. Um, and I think we did a study and uh the county did not approve um putting any
additional stop signs, but uh we'll have public works uh relook at that. >> Okay. >> Those are county roads and we have to get county approval. Is that it? >> Well, public works is here >> for for stop signs and traffic lights. That's county. >> Okay. So, we'll I'll have we'll have
Matt um staff reach out to you as well as our police department. See if we other measures we can put maybe put like a one of those speeders there temporarily as we work this out. But I understand exactly what you're going through. I mean, being in S West, we know exactly that issue. >> Yeah, someone's going to get hurt. I mean, there's some every day I'm over there, there's cars screeching, people
almost getting hit. Something's really bad going to happen there one day. >> Completely understand. >> And Mr. Mr. Mayor, if I may, if I may suggest you reach out to Commissioner Steinberg >> as well. Mr. Maybe it's Commissioner Bastine. >> No, no, it's Commissioner Steinberg. That that part, I believe. >> Yeah, I'll do that. >> Okay. I would reach out to the county
commissioner as well. >> Okay, sounds good. Thank you. >> We'll help coordinate that with you as well. >> All right. Thank you. >> Thank you. >> Um, Vice Mayor, you wanted to say something? >> Oh, okay. Next speaker. Thank you. >> Good evening, Mayor and Commission. Bruce Lambertto,
uh, Eastern Shores. Uh I saw the someone one of the commissioners here forwarded me the engineering report on 164 168th street. I guess this was done at the request of the city manager. I had mentioned um to him uh that
we should hire an engineer to write a one-page report about the existing uh condition of the newly paved street. What what ended up happening was we ended up hiring an engineering firm and they came out to do a full-blown survey
of the entire street. The problem with that is is that we don't we can't compare that to any previous condition. There is no asbuilt of the road that says that the road was at this height and now it's at this height. Um
there's nothing wrong with this street. I've I've driven down it during rain, after rain, uh late in the afternoon when there's this this famous puddle at the end of that street that's a quarter inch deep and 4 in in di 4T in diameter.
It disappears within 8 hours. There's similar situations on other streets. There's a puddle in front of my house on 165th. It disappears in a few hours. You have to understand Eastern Shores was built as an extension of Lolita River Park.
That was all swamp. It was all mangroves. Uh the the houses are all supported on pilings. They don't go anywhere, but the roads and the driveways do. My driveways is about an inch lower than what it was when I p had it poured about 20 years ago from settlement of the of the
ground. That causes minor dips and low spots in roadways. The contract for this uh for the water mane restoration paving contractor was to restore the contract restore the road to the pre-existing
condition of removing the old asphalt putting one in layer of new asphalt on. It wasn't to correct all the defects and that are in the roadways, the low spots, high spots. Um and a lot of people get confused with water on that road from
the king tide. King Tide comes in. It has nothing to do with the asphalt. You can have a foot of water on the road. That happens twice a year. The there the the the catch basins are connected to the canal. The water comes in through the pipe, goes up onto the street. Miami Beach had a very similar
problem. Uh it took them $500 million to correct it and they're about 90% corrected. They didn't get 100%. So it that's what it's going to take to if you want to deal with the king tide. Personally, I'm okay with it. It only happens a couple of times a year. Comes up in front of my house.
>> I'm okay with it. But we should not be spending $253,000 to repave uh the commissioner's street for this one puddle that seems to happen uh every time it rains, but it disappears. I mean, it's we we got to have some common sense
here. I'm hoping that this commission says, "Hey, you know what? Maybe uh we shouldn't be doing this." Thank you very much. Next speaker, >> Irene Pillinger and then Scott Wears. Irene Pillinger, resident.
Good evening. Um, coming to these meetings is not a fun evening out. I prefer to watch from home where I don't have to be civil and I can say whatever I want. Before I speak publicly, I try my best
to base my comments on actual facts. I'm still concerned about the process of hiring a manager. On the se on at the S September 8th meeting, you spent over two hours discussing process where in fact you
took a vote which included a process in which each commission member was to bring three names and then I was told that there was no vote. So, I spent a lot of time re-watching
these meetings yesterday and I found that you indeed did vote. At the October 6 special meeting, you decided to hire a head hunter until that was reversed. The October 21st meeting.
What struck me when re-watching that meeting was the utter confusion at the end of the meeting with a quick vote and confused commissioners. What I love seeing tonight was how the city attorney stopped you all when there seemed to be
some confusion about taking a an item off the agenda. People speaking on both sides of this and the conversation went back and forth and he stopped you and clarified everything. But many times you
talk and everybody's talking and it goes back and forth and in the end I have the feeling that you don't know what you're voting on. And I think that's what happened at this other meeting about the city manager and the and um changing the
process to get a h head hunter and then it was like late and y'all wanted to go home and there was some objection but the vote was rammed through. It was taken and now and then it was all reversed. So, how many months did you go
back and forth about process without adhering to a process, without moving forward? And we're still here talking about the process. So, I just hope that you continue to actually be transparent. As you say, you
want to be transparent. That's what we like to see whether we're present here or watching from home because we do watch what's going on. We don't even get a little bit of what you get, the little bit that you get to
compensate for your time. Nobody compensates us for our time. We're just interested and we're trying to protect our rights and keep this a democracy. So, thank you. >> Thank you. Next speaker,
>> Scott Wires. Wires. Good evening, mayor and commissioners. My name is Scott Weers and I represent the owners of Maul Lake. >> Can you um put this up? >> Who have been litigating with the city for what's going on nearly 10 years now? I want to address something very
straightforward. There is no reasonable explanation for why this case is still being litigated. After nearly 10 years of proceedings, the city located a document that had been asked for since at least 2016. That document is the city's own annexation documents from
1957 relating to the Malt Lake property. That document along with a final judgment from the Circuit Court of Miami Date County that approved the annexation and ordinance 683 which codified the annexation were only located by the city
and produced this past July. And those documents are very clear. They vest the owners with rights to dredge, fill, grade, and develop the lake. And as clear as they are, the city continues to resist them. That leaves only two
possibilities. Either this commission has a stubborn desire to fight for the sake of fighting or this commission is not receiving accurate complete information about what the agreement and the final judgment say or how the court has interpreted them. There really is no
other explanation and neither constitutes acceptable governance. My intent is simple, to bring the truth to light for all of the residents of the city of North Miami Beach to hear. I will be here each month for three minutes each time during which I will show you the plain language of the 57
annexation documents. We'll look at the final judgment and we'll show you the vested rights that were granted. I'll show you the plain language. I'll show you the hearing transcript where the judge in our case just a couple weeks ago repeatedly questioned the city's
position asking why under these annexation documents the owners of Mo Lake could not dredge, fill, or grade the lake or even build condos on its property. If that information isn't reaching the commission, it must because
the consequences of continued resistance are significant. As it turns out, the owners of Maul Lake also hold title to most of the Eastern Shores canals, meaning that access to the lake and the intra coastal is at risk
for the entire community of Eastern Shores could become dry lots and property values and the city's tax base could plummet. Now, this doesn't have to be adversarial. The city is the one that sought the annexation in the first place. The city is the one that promised
development to the owners of the lake. The courts have recognized those promises as valid and binding and the owners of Mo Lake are willing to preserve access to the lake and the intra coastal as long as their original vested rights are restored as set forth
in the annexation agreement. No more, no less. I ask that you put together a special workshop to consider this within the next 45 to 60 days in front of the public and discuss the agreement, the final judgment and the proposal that's been placed before this commission.
Thank you. >> Thank you. Next speaker. >> I'm sorry. I need to place something on the record here. I'll be very brief. I just want to indicate it's on. >> Can you They want to hear? >> Oh, no. I got green lights here. >> Can you hear me now?
>> Yes. Okay, I just need to place quickly on the record, Mr. We is an attorney. He represents a client that is adverse to the city >> and we're in litigation. >> In many cities, he would not be allowed to speak at all because it is pending litigation.
>> True. >> I commend this city because it allows free speech and it allowed this gentleman to make his presentation where in a lot of cities, as I said, they would cut him off before he started. That's that's proper and good for you.
>> I do need to say >> you may recall that this was the subject of an executive session the contents of which are confidential and we cannot discuss them but that your special counsel as well as myself were present.
Special counsel has been on this case the entire time. uh an eminent learned council and we have a position and I'll only say that our position both special counsel
and mine and my firm is different than what you've heard. I'll say that for the record, for the benefit of the public, and I urge everyone not to be confused by one-sided presentations. Thank you, ma'am. >> Thank you. Next speaker,
>> former commissioner Barbara Kramer and then Kitley Jolton. Barbara Kramer. Good evening. On tonight's agenda is a contract for lobbyist at $20,000 a month um for up to one year. This is not a routine or
mundane item that belongs on the consent agenda. It could total nearly a quarter of a million dollars and residents deserve to hear what we are paying for, why it's necessary, and what outcomes are expected, especially in light of the governor's recent veto of the bill
related to the water sir charge on outside customers. If this contract moves forward, residents should reasonably expect clear monthly explanations of what services are being provided and what value the city of North Miami Beach is receiving. This
also ties into a broader concern about transparency. I am still waiting on a public records request seeking not just a list of lobbyists, consultants, and grant writers on the city's vendor list, but who has actually been hired and what they have been paid. Perhaps while monthly updates are provided under the
city manager's report, the commission should also receive regular updates on all lobbyists, consultants, and grant writers currently under contract on spending that approaches about 500 million $500,000 a year. This seems like
reasonable oversight. Next, the agenda includes discussion and possible action regarding two streets in Eastern Shores with cost approaching a quarter of a million dollars. I understand the concerns about standing water that may have appeared after previous work and
those concerns should absolutely be taken seriously. However, moving forward with full street repaving while also anticipating that legal action may recoup these costs deserves careful consideration particularly in time in
terms of risk, timing, overall financial impact. Standing water is an issue residents experience in many parts of the cities, often far more severely. With flooding challenges expected to worsen over time due to rising tides, I hope the commission will consider whether there are alternative solutions
that address the issue in a way that it's more consistent, measured, and fiscally responsible. On another important item concerns the NMBB water task force. This was a walkedon legislative item placed on the consent agenda without discussion. When
items of this nature move forward without explanation or commission dialogue, residents are left without an understanding of the purpose, intent, or impact of the legislation. I asked commissioners for clarification and did not receive an explanation, which is why I'm raising this publicly. This item
should be reconsidered or at the very least discussed openly. Lastly, this commission previously voted not to have a sergeant-at-arms present, yet the mayor continues to use one. Who is authorizing this? Residents are asking thoughtful decision-making,
transparency, and responsible spending. I hope the commission will take these concerns seriously. Happy Hanukkah, merry Christmas, happy Quanza, happy new year. And I got one minute to go. Thank you. >> Thank you. >> Next speaker. We can hear you.
>> Good evening, mayor, vice mayor, commissioners, um, staff, and the public. My name is Kitley George and I reside in the city of North Miami Beach. Um, I wanted to remind you all tonight has
been one year since we lost Sandra Douglas. I hope that tonight in your commission meetings, each and single one of you will remind people who Sandra Douglas was because to
me she was not just a friend but a sister, someone that lived in the city who volunteered and was here for each and single one of us. And it's not Sandra alone. after Sandra
left both of her children also passed away. So I miss her terribly being today is is a day that uh she left us but I'm here to really thank
you all for the snowfest. It was a wonderful event uh where everyone came together, families, children enjoying themselves. So, I want to thank each and single one of you parks and wreck that put this together. Now, last special
meeting we had, one of my neighbors in Ulita came and explained to you all what we were going through in East Drive. Well, Miss Caroline Mckenry and her staff jumped on board the following day and saw exactly what was happening in
East Drive. The city is about to be 100 years old and the city as you can see is really 100 years old especially in Ulita. We have potholes all over the place. Every day you look
into a hole. Yesterday I had to end up calling Sam Bernard who came right away. I want to thank Sam Bernard and his staff to patch a hole that we have in North Miami. This morning as I was going to work, another one showed up. The city
is cracking every day. Once you hear 100 years, my mom is 102. Thank God. And you can see what's happening. Can you imagine next year the city is about to be 100 years old. We cannot let this happen. But I want to thank Ken again
because this lady I am telling you you all this city need director. She's the director CIP program manager. the city engineer, the stormwater manager, and a lot of beautifification. Every time you
call, she jumps on board and come with our staff and make sure things happen. We need to do better by the city. >> Second, >> we cannot allow all this is happening. We have to look at the city as a whole
to take care of the city. So really, we can't let this continue the way it has. So, merry Christmas, happy new year, happy Kwanza to everyone. And uh also, oh, one more thing I want to talk about
those um monks that are walking for peace. So, let's keep them in our prayers because two of them were hurt. So, let's try and keep things a little peaceful for the rest of the year. Thank you. >> Thank you. Next speaker,
>> Philippi Jean. >> Good evening, Mayor and Commissioner Lin Sue. Good evening. I'm so happy to see you. Before I go too far, I want to see I'm looking for uh Caroline. Where is Caroline in this area?
Caroline, she's here. Clap my hand for Caroline. All right. And the second time I would like to say thank you for my police officer. They never sleeping. They always working 24 hours. My post officer. Thank you guys.
Thank you guys. And also let me say thank you for uh Karina's staff. I know they working so hard. Ken sent me the pictures when she's working. >> Can you please state your name for the record? >> Say it again. >> Please state your name for the record. >> Oh, my name Jim.
>> Thank you. you on the paper. Yes, you know. >> Yes. >> I see that before when I see that when I stand I see that. >> Well, anyway, thank you. >> You're welcome. >> So, >> uh, you make me confused. You make me confused. Anyway guys, you
understand. So, I'm here to say thank you for hardworking you guys and staff and police officer and you guys make me so happy and uh if something wrong, I'm going to pull your head. Madam, thank
you. That never happened. So, happy new year and merry Christmas. Thank you. >> Next speaker, Joseph Blagger. >> Doctor. >> Hi, my name is uh Dr. Joseph Lag. I've been living in this fine community for
over a decade. I want to say thank you to the uh the mayor who's not here right now, but the commissioner and commissioners and everybody here for doing a I hope a great job servicing this community. I don't know a lot about this issue, but there's one issue I
heard tonight. Um the spending ofund $254,000 to fix some high water on two roads in Eastern Shores. Uh I heard about that about three or four days ago. I decided to take my three children. I'm blessed
with three children. We just had a new baby on December 1st and my Thank you. my my daughter is three. So, we walked through Eastern Shores the other day and I was pushing around my two my two children and we noticed there was water
at different areas in Eastern Shores. I didn't notice a lot of water on 168th Street. I did not walk down 174, 171st, but I asked my daughter. I said, "Where do you want to go?" She said, "I want to go where there's water." She said, "Not here, daddy. There's no water. Let's go
to the other streets." If you d if you walk around the community after there is rain, there's not a lot of water on 170 168th Street. If there is, I think what we need to do is find out or actually have somebody go around right after the rainfall and see what's happening there.
That's one issue. The bigger issue is that there's potholes. This community is what 45,000 people live in this community. what this 15,000 uh different home units. I think we need to work on the whole community. We shouldn't just think that Eastern Shores. I am blessed
by having an opportunity to make a lot of money and live in an amazing Eastern Shores, but I want I work at Jackson Hospital, Jackson North, and I want to I think this money that we're taking from the general fund can be better serviced to helping out the whole community. We have potholes, right? Other areas we can
use this money for. But if there is a problem with those streets that exists, it should be addressed. But we need to look at the entire community and not just say Eastern Shores, the wealthy community should be service best. We are
we are community. We're I'm blessed by having a great job and making a an enormous amount of money, but I also think we need to take care of the whole community as a whole. That's issue one. The other thing I heard was that we're spending something like $22.50 for a guardgate. Has anyone of you ever driven
by the guardgate? They don't look. What is the purpose of having a manned individual there? That's aund $197,000 a year they're spending. Why? We have AI. We're we're technology. It's very simple. 4K cameras. We should be able to uh
we're license plate readers. Why are we spending that money? >> 15 seconds. >> Okay. And I just wanted to say thank you so much and happy holidays. Thank you so much everybody. Congratulations. >> And and can you can you hold on a second, Dr. If I may have a point of personal,
>> please. Yes. >> Um when I brought forward a few months ago that there was flooding on all I think I said all the streets, but yes, I do live on 168th Street in Mr. >> Oh, I didn't I didn't Oh, you do? >> No, no, I don't care because
>> someone wants to make it out like it's all about me and it's not >> No, I didn't make >> No, no, not you. Not you. Not you. Someone else. I didn't even know you lived there. I know you lived in the community. >> It's him. That guy over there. Okay. That when he doesn't like me, he likes to, you know, do things again. >> But I like you. >> Anyways, but thank you. I appreciate
that. >> Um anyhow, um when I brought it forward a few months ago, it wasn't Listen, we we all had our street, my street actually was has been paved twice because the first time they did it, they came back a few days later and did it
again and they still did a lousy job. And nobody wants to to live through that. The the dust that came into the house, the the dirt and the traffic, nobody wants to live through that. But when I was very specific that we should
um not pay the contractor for the lousy job, >> that was my intention. My intention is not to spend $260,000, which Mr. Misinformation is giving a lot of misinformation about that. Um, and you'll find out about it soon,
Commissioner Sue, because I know um, you want to bring it forward. But, um, this isn't about me. This is not about my street. This is not about my house. This is not about the commissioner's house or the commissioner. This commissioner does not want to have to do her street
repaved maybe 10 years ago or maybe 10 years from now, but not because it was just done. Do I want it repaved? All the streets should be repaved because they were done wrong and we should never pay the contractor. Did we pay the
contractor? >> Correct. >> You know, we should never be paying for something that was done wrong. >> Absolutely. >> And if if it gets repaired, if and when it does get repaired, we I hope that we're going to be asking for the money back. >> So,
>> we're going to do everything that we can possibly do to >> Right. So, >> we're going to discuss >> Yeah, we are going to discuss it, but he's here. I don't want him to have to stay till the very end. He has small children and he has people to to cure tomorrow. So, I appreciate that you came and thank you for your time. >> Can I make one comment as well?
>> Go ahead, please. >> I just I and and I appreciate that and I agree with you wholeheartedly, but I think it if we push forward and spend $254,000 to fix a problem and say, "Well, let's go after and not pay them later." I think the money would be better spent on
other things that this blind community needs fixing potholes and other things like that. >> And it's not for one street. >> And it's not just for repaving you, >> but for two. Thank you. >> No, no, no. I know he never mentioned me, but Mr. Misinformation is telling people to come here. >> Thank you. Thank you. Thank you.
Everything next speaker, >> Trisha Harris. Good evening everyone. My name is Trisha Harris and I'm from Highland Village and I am up here to say thank you very much for my speed bumps that are being put into Highland Village
and that the pump station is getting cleaned out and I would really love to invite each and every one of you to come over there and look at the sludge that's coming out of it. It's really nasty,
but I'm very thankful that it's getting done. And Curlen and I know that a lot of people have come up here, but Curlen and her team and public works and parks and wrecks and everybody that's coming into the neighborhood right now is cleaning
it up and I appreciate it. And I hope to see code enforcement get there soon. Thank you very much. Have a good evening. Happy holidays. Good evening everyone. My name is Mar Gazen. Uh Mr. Mr. Mayor, I'd like to ask you
for a minute extension at the end of my of my three minutes. Thank you. >> No worries. Thank you very much. I I I know we have to go by the rules. >> Thank you. Um in 2022, November 2022, I
supported three candidates that they found themselves up there. Um Fortuna Smuckler, Jay Chernoff, and Phyllis Smith. You guys are now commissioners. Uh, Commissioner Smuckler, you made a beautiful speech. It was like a six-
minute speech that it looked like it saved the city. And that is a speech that you should keep um listening to ever so often and remind you why we put you all up there. And
um one thing that helped me to help you guys to be up there was when four police officers led by a police chief came and stopped me from re-entering back into a meeting. I did not want to become the next George Floyd. So I
cooperated. I left. And we know what happened from thereafter. Two years after I came to a meeting and the mayor told us that we have only three minutes to speak for the entire meeting. No comments on judicial
quasi judicial matters, no comments on legislation and it went on and on. We cannot clap even though he is clap at every meeting he wants to but we can't clap. That is not what your speech reflected. I would hope that you can
listen to that speech often. All of you should be listening to that speech. And this comes to a matter where we have to hire a city manager. I remembered us hiring square peg in wrong holes to run the water plant. And a guy
by the name of Eisenhart, he came and he told us that the water plant ran to failure. It had 18 D's and six Fs and that was because you hired inexperienced people to run the water plant. The water plant is a very important plant. It
brings most of the money to this city. And for you to hire anybody as some of you told me that you can hire even you could hire me or my mother. No, I would refuse the job because I know I can't run a city. I can't even fly a plane.
It's it's really serious. Running a city is not like jumping on in a bicycle and you keep trying and trying and then finally at the end of the week you you you you start riding it. It's not like that. It's very serious matter and you have to be really careful who
you're going to be hiring people with experience not people who smile with you and hug you and kiss you and you I could do that. I could come up right here now and kiss each and every one of you all and ask you all for the job, but I'm not going to do that. Thank you very much for having me.
>> Thank you. Any more speakers? Madam clerk? >> No, Mr. Mayor. No. >> All right. Public comment is now closed. We're going to next item on agenda announcements. >> Is it Is it on or no? >> I guess. Yeah. >> I'm going to teach you a term that
you'll start to see everywhere, but you only have a >> Take it away. it. >> A couple more days in which to spot it and then you're going to have to wait an entire year to see it again. >> December is filled with opportunities to connect in North Miami Beach. Enjoy
seasonal celebrations, engaging community programs, wellness activities, and ways to give back throughout the month. The city of North Miami Beach extends its sincere appreciation to our
residents and staff who made this Hurricane Melissa relief emergency supply drive a success. Thanks to the communitywide effort, over 15 90gallon bins of donated supplies were secured to
assist those in need. This initiative highlights the power of collaboration and unwavering spirit of service within our city. Help support those in need through the warm clothes warm hearts clothing drive.
Now accepting donations through Friday, January 30th. We are collecting gently used coats and jackets for infants, children, and adults along with sweaters, hoodies, long sleeve shirts, socks, hats, gloves, scarves, and
blankets. Donations may be dropped off at North Miami Beach City Hall Yes, North Miami Beach Police Department, North Miami Beach Library. Please check drop off locations for opening hours.
For questions, please call 786-510-4737. The North Miami Beach Discovery Library is offering a variety of programs this December for children, teens, and adults. For children, enjoy Hanukkah, story time, and crafts on Monday,
December 22nd from 5:00 p.m. to 7:00 p.m. Movie Monday on Monday, December 29th from 4:00 p.m. to 6:00 p.m. Kowanza story time and crafts on Monday, December 29th from 6:00 p.m. to 7:00
p.m. and a holiday Lego class on Tuesday, December 30th from 2:00 p.m. to 5:00 p.m. Teens can take part in the jelly soap making workshop on Wednesday, December 17th from 300 p.m. to 5:00 p.m.
Followed by a hot chocolate bar on Thursday, December 18th from 4:00 p.m. to 5:00 p.m. Adults are invited to celebrate at the library's 68th birthday celebration on Tuesday, December 30th
from 10:00 a.m. to 12:00 p.m. and the New Year's Eve celebration on Wednesday, December 31st from 10:00 a.m. to 12:00 p.m. All events will be held at the North Miami Beach Discovery Library. For
more information, call 305-9482970. Residents are invited to receive fresh and nutritious groceries at the Farm Share Food Distribution. This event takes place Wednesday, December 17th from 9:00 a.m. to 12:00 p.m. at the
Ulita Park Community Center. Distribution is first come, first serve while supplies last, and walkups are welcome. For more information, call 786-9324481. Continue your journey toward home ownership with the firsttime home buying
program. This workshop is number six, which is focused on developer visit and a field trip on Thursday, December 18th from 6:00 p.m. to 7:30 p.m. at the Marjorie and Williams McDonald Center. This is no longer open to the public.
This is just a friendly reminder for the ones that have registered. Celebrate the season at the Manura lighting ceremony on Thursday, December 18th from 700 p.m. to 900 p.m. at North Miami Beach City Hall. Enjoy an evening
of community, delicious treats, and live entertainment for all ages. For more information, contact the Parks and Recreation Office at 3059482957. Seniors are invited to enjoy food, fellowship, and community at the senior
lunchon sponsored by Mount Sinai Medical Center. The lunchon will be held Friday, December 19th from 11:00 a.m. to 2:00 p.m. To register or for more information, contact the parks and recreation office at 3059482957.
Experience culture, food, and entertainment at NMBB Asian Night Market, taking place Saturday, December 20th, and Sunday, December 21st from 2:00 p.m. to 9:00 p.m. at the Jeffrey and Patricia Mishon Athletic Field.
Admission is free for residents with ID and $7 for non-residents. For more information, contact the mayor and commission office at 3059482986. The Martin Luther King Jr. 2026 poetry
contest is now open. In honor of Dr. King's legacy and belief in unity. NMBB students are invited to submit poems reflecting on how they have worked together in their communities and how the city can continue fostering positive
change. Poems should be 50 to 150 words. The submission deadline is Friday, January 16th, 2026. For more information, contact the mayor and commission's office at 3059482986. Stay active and energized at free
community Zumba sponsored by Etna. Join us on Wednesday, January 17th from 6:00 p.m. to 7:00 p.m. at the Ulita Park Community Center. For more information, contact the Parks and Recreation Department at 305948-2957.
That's a look at what's happening in North Miami Beach. We invite you to come out, get involved, and enjoy all our city has to offer. For more information, visit cityn.com. Happy holidays.
Thank you. Thank you. Next item is commissioner reports 8 point. Well, we already did. So, madam clerk, if you can do commission reports. Thank you. >> Commissioner Shernoff. >> Good evening everybody. I'm not wearing this patch to look nice.
For those of you who don't know, I had bilateral um what what do you call it? the the the um uh the lens the top of your lenses that go over eyelids that were going
over my pupil. So that they were replaced and cut and so this side came out good and this one's still healing. So that's why this one's covered. All right. First of all, I'm a little disappointed with my colleagues because
I've got rumors the whole time that I was home that you're going to make a motion for manager tonight. I hope nobody does and follows the plan that we had um to hear what our reports are from the um
HR department and to hear let our citizens have the right to ask a couple questions. So, I hope we all adhere to that. It's a terrible time in the year right now with the Sydney, what happened in Sydney, what happened at Brown, and
what happened at the Riner's house. All of this is because of gun violence and violence in the communities. And we need to please pray for everybody not to have any more violence this holiday season. Holiday season is a time of year that we
should be celebrating with everybody and enjoying everybody's company. To my staff, to my colleagues, I want to wish everybody a happy holidays, a merry Christmas, a happy Hanukkah, and a happy Quanza and
a happy new year. And I don't know which who celebrates which holidays, but you all deserve the peace and prosperity with that comes with celebrating with your families. And I hope that we all have that opportunity. Um the one final thing was the uh Sandre
Douglas uh one of our residents. Thank her for Ketley for coming up and reminding us. Sandre was a pioneer in our community in the Washington Park community who then expanded from the Washington Park community to do fighting
for the whole city. And she was wonderful and a great person that we had the opportunity to have in our community for many many years. and the Douglas family is still, you know, some of them are still around and we appreciate all that Sandre did. So, everybody have a
wonderful night. Thank you. >> Commissioner Florium. >> Thank you, Madam Clerk. Um, I echo the sentiments of um, Commissioner Chernoff about Sandre Douglas and her contributions to our community. And so,
we definitely continue to keep her uh, her entire family in our in our thoughts. And uh thank you uh Ketley for reminding us of uh her contribution and the kind person that uh Sandra Douglas was to our community. Um
good evening everyone. Thank you so much for coming out and um for those of you who made comments, thank you so much for your comments and um we we are definitely working to make sure that we um hear you and respond to uh some of
your um needs and uh concerns. Um I know we have a res resolution that's going to be talking about uh the attacks that happened in Bond uh at Bondi Beach in Sydney. Um but I also wanted to echo the sentiments of my colleagues that uh you
know this is this is not this this is not the way that any community should be celebrating the holidays or any time of year for that matter. Uh what what happened in Sydney is something that is um
it's it's saddened the entire world. Um but but but while we see these acts of violence happening, we also see the strength of our communities as well come out and show up. Um today, even on 163rd Street, I I
don't know how many people were able to see this, but there was a a a parade uh celebrating Hanukkah um that that you know showed the resilience and the strength of our community, right? because you don't you
don't have to back down. You keep showing up and you keep fighting and you keep standing up for what is right. And so we join our Jewish community in solidarity and we will continue to um hold steadfast in our commitment to
safety and to um each one being kind to each other. Um, aside from that, uh, I know that we have our manora lighting. I believe that's tomorrow or Thursday. Thursday. >> Thursday the 18th. So, looking forward
to that. It's always a beautiful experience. So, I'm looking forward to the monora lighting. And I wanted to wish everyone a happy holiday. Um, and may you and your loved ones enjoy this time of year uh, in peace, tranquility, and um, whatever holiday you do observe.
We um pray that you enjoy it and that you welcome in the new year with hope. Thank you, >> Commissioner Smith. >> Thank you. Good evening, everybody. Um first and foremost, I too want to say
what's happening in the world is frightening. To put fear in all of us where we go, who's behind us is such a crazy way to live.
I I only pray that this is the end. And I only want to say that how do you send your kid to college and then the next month you're going to the child's funeral? We really have to
grab a hold of ourselves, grab a hold of our neighbors, and instill in young children, start with them when they're young to know that the best thing they can do in their life is help their fellow man to make a better world for them and then
it'll make a better world for you. Uh, I do have a few announcements. the collection of the coats and the socks for those in need. I want to thank Marjorie Love for bringing that to our attention. uh have already
been filling up the boxes and thanks to my aid Nancy, she delivered not only to Fullford Church boxes or bags I should say of sweaters and coats, but also on the way she saw us homeless on the street, stopped and gave them blankets.
So, it is working. And even though we're in a warm Florida sun and fun, January and February is coming. So, I appreciate everybody that can donate. Um, pay attention. Coming soon, January, I
hope. On January's agenda, I'm instarting a program where if you're going to do house improvements, half of your permit fee as an owner will be erased in next year in 2026
so that we can advocate for everybody to do the things they wanted to do for their home without it costing them an arm and a leg to get started. So hopefully that's coming in January. Well, the 18th is manure lighting, but
the 19th I better see some of you at Highland Village. We only had to wait about four years, but we are going to have the shovel in the ground for the splash pool. If you're familiar with Highland Village, you know that when you
go there, there's 40 kids playing basketball. There's 20 kids on the kitties thing. And in the summertime, these children have no pool, no nothing. This splash pool has been very important to me. And it's a Christmas present to
Highland Village that the shovel is going in the ground at 10:00 on the 19th. I also want to ask either the attorney or the manager before this evening is over. I want a full explanation, please,
for the public regarding North Miami Beach Water Task Force. What we were told and what we voted on and what the public's perception is are two completely different thing. So before the evening, I spoke to the manager and he said he would talk to the attorney.
one of you just give us a complete explanation whether that has to come back and have some rewarding or not come back but have a new thing or whatever we need to do uh a new resolution. I wanted to say we need to take care of that. I would like the
attorney also before the evening's over to explain again how did anybody have the right after it was voted on to have four names or five names instead of three names in the
manager pool. If I get one phone call a day, I get three phone calls a day that were not sticking to what was predetermined was going to be the process. The problem is I did speak to human resource who by the way told me
many times keep it to three. Everybody's attacking him for doing his job. He's not going to go against what a commissioner feels is a very strong pull that there are four people that need to be heard. I felt it was my duty to add
those four names and hopefully I thought we would discuss it up here. Why did they go in and who were we going to pick for the five or six names that we were going to investigate further? And then I spoke to the attorney. So this has all
been verified that it was absolutely legit, etc. But there are people that still coming up here harping on they can count to 21, not 22. So I want that in
again explained on the record. And I have to tell you something. What a year we're having. What a year. We end up with needing a new manager. We end up in in financial, you know, have to rebuild the reserves.
We end up with, you know, a lot of issues on the table. A lot of issues on the table. But the good thing about us is we are resilient. We are fighters. We are going to make it happen. We're going to make a better city for all of us. And
I can't thank you enough for all the people that put input, for people that call me. I only had 14 calls this morning. But I tell you, I thank each and every one of you. I can't do it without you. It's a lot of work. And prepared. I'm always going to be
prepared. But sometimes you see something I don't see. So I wish all of you a wonderful 2026. I wish you a holiday, whether it's Christmas, whether it's Hanukkah, whether it's Quanza, of fabulous memories that will last
generations to come. Remember, everything you do during the holiday is a memory. So, make it a happy one and bless you all. Thank you so much, >> Commissioner Smuggler. >> Yes, thank you so much and good evening.
Um, I just wanted to um the the Splash Pad grand opening in Highland Village is actually going to be January 19th and not December 19th. It was >> I thought >> No, it's Janu It's January. Oh, I wish
it was ready for the the not the grand opening. The the the the groundbreaking I apologize. The groundbreaking is going to be January 19th, not December 19th. >> I got I my my email said December. We're going to do it for Christmas. >> It was a place.
>> It was a surprise. Okay. Whenever it is, be there because next summer you come in your bathing suit. >> So, >> next summer, come in your bathing suit and splash in the pool. >> Not pool. And anyhow, I just wanted to say um if if we may, we've we've all
brought up the um the different um things that have happened this weekend with the with the two students that have um perished from the Brown University shooting and the the 15 victims because the the asalants, it does not count to
me. So, it was only 15 victims at the Bandi Beach uh Hanukkah celebration and the three US uh citizens in Syria. So, I was wondering if we can just have a moment of silence for them, please. Thank you. All right. Thank you.
Um, I just, um, I had the opportunity this weekend to be a speaker at the Freedom Tower and, um, Commissioner Smith, if you maybe, um, want to take your seniors there on a field trip, they have um, tours. I think it'll be really
enjoyable. It's um, my my parents did not come in through the Freedom Tower, but my parents volunteered many times at the Freedom Tower and always took me with them. So, I have um such wonderful memories of of helping so many people
there and and um the the place is just what was have you guys even been there? It's just um >> renovations. >> Yeah, the renovations are incredible. So, I encourage you all to go to the Freedom Tower and if you go a few blocks further away, there's an ice cream
museum. So, you can get two for the price of Well, you have to pay for both, but two things in one day. Um, anyhow, I want to wish everybody a happy third night of Hanukkah and I hope to see you
all Thursday at the celebration. We're going to have um candy and chocolate and donuts and luckus and music and a parachute. Yes. And lots of fun for the kids and uh lots of food for Oh, hot
chocolates. So, um, it'll be lots of fun and I hope to see you all there and merry Christmas, happy Kowanza, and happy new year, Commissioner Sue. >> Thank you. Good evening, colleagues and
residents. Thank you all for making public comments. I always take notes and uh keep them close to my heart and make sure that I address them. I want to begin today with a with the values that define North Miami Beach. Across the globe, we are witnessing a troubling
rise in anti-semitism. And this has been going on for the past over like many many years, but it's concentrated and becoming more and more often from incidences on the university in the university at Brown to the um to
the Bondi Beach in Australia. I want to be absolutely clear, hate has no harbor here in North Miami Beach. We do not simply observe these trends. We stand firmly against them. I want to
assure you that RPD as soon as that incident in in Vandy Beach happened, uh the chief sent out an email immediately heightening and increasing security and policing. So, I want you to all know that the PD has already stepped up their
game. Our residents are very important to us. Our Jewish community brothers and sisters are very important to us. and we will not let anything happen to you. And I want I encourage everyone to speak up. If you see something, say something. If you see people drawing strange things on
our parks and our our our city property, please reach out to us because we need to take care of that like right now, right? This is no, there's no place for us to do that. Uh we remain committed to ensuring our city is the beacon of safety, dignity, and tolerance for our
Jewish community for and for all who call the city home. Protecting our city is also protecting our city is one thing. Of course, it also requires that we advocate for ourselves more strategically. With respect to the Florida League of Cities legislation
that is going to be in the consent agenda today, I believe a shift in approach is necessary. We must find a constructive way to work with the governor's office on the governor's initiative to eliminate property taxes for homestead residents. I hope ef I
supports efforts to make living in Florida more affordable. However, we must do so responsibly without compromising public safety, infrastructure, and essential city services. While I will not be pulling this item pulling my support for this item at this time, I want our residents
to know that I am committed to ensuring their cost of living is meaningfully addressed. That responsibility also underscores the need for strong professional leadership. This brings me to the city manager position. Our residents deserve
stability. They deserve a city manager who is fully empowered to run the city efficiently, professionally, and free from political interference. Resolving this matter is essential if we are to move North Miami Beach forward.
Finally, I do want to note that there is a stomach flu going around, so please be mindful of what you're eating and take good care of your health. Um, as you know, uh, there is a Asian night market, the first of its kind. We know that North Miami Beach has been an organic
settlement of the Asian community since 30, 40 years ago. And um until today, we still have a pretty prominent population of Asians here. And also, if you notice, like every time there's an Asian event, it it always comes to North Miami Beach if it's in Florida. I mean, if it's in
Miami, Dade County. So, I'd invite I'd like to invite you all to join. It's December 20th and 21st. This event is being sponsored heavily by various uh outside third parties. Um I'm very happy that we're hosting it. I want to thank parks and staff, the team uh for
actually supporting all of this this whole initiative. If you're an NMB resident, good news. It's free. Just bring your uh ID card. Um, now finally wishing everyone a happy Hanukkah, a merry Christmas, a joyful Kwanza, and a
healthy and prosperous 2026. Thank you, >> Vice Mayor Danielle Jean. >> Thank you so much. Good evening, everyone. Wanted to start off by saying thank you to staff for an amazing snowfest. That was an amazing experience um for our residents and um we just had
a good time and I want to thank staff PD and everyone parks for making this event uh so special for our residents and ourselves as well. I also wanted to thank um public works for all the assessments that they've been doing across um town. And I kind of wanted to
harp in on something that Commissioner Furmont had mentioned before about attention to each neighborhood because we're hearing from residents about, you know, the increase of care that they're they want to see in our communities and I think our all of the all of the
communities deserve to have attention spent. So, um, for what happened in East Drive and all the other areas that needed attention, just please, um, city manager and team, please give us more attention to those those neighborhoods
that are in dire need. Uh, I also wanted to extend my condolences to the victims and their families. Um, uh, and sentiments, deep heartfelt sentiments to the Jewish community as well during this time of grief and mourning. um so many
different um individuals across of our world are are suffering in one way or another. Um be it violence or senseless hate and so our prayers and our thoughts are with you. Also wanted to um mention Sandra Douglas and all and Larry
Thompson and so many others that we've lost this year in our community. Uh not only residents but also employees. So, this year has been very um a very tumultuous year for North Miami Beach in many ways. And so, our prayers and our
thoughts are with you. And anyone in this room whose family who've lost someone during this time or during this year, our prayers and thoughts are with you as well. And also wanted to ask about TPS because I know a lot of of our
individuals in our community are also on heighten alert with what's coming up in the new year and wanted to see if we're still moving forward with efforts to support those individuals in that way because I haven't heard much from that from that and I know those are different
communities within our city that are looking for assistance there. So hopefully we that's something that we can do before the February 3rd um deadline. Thank you so much, >> Mayor Michael Joseph. >> Thank you, Madam Clerk. Um thank you
all. Uh want to wish you guys I pretty much echo every sentiment you guys have put out there. Um it's a very uh collegial approach that we've been taking today and I want to continue that same theme. Um you know, you know, I'll speak I'll say a couple of things in
regards to anti-semitism. the city is part of the combat anti-semitism movement. We're proud of it. We remain to be part of that group. I was I was I was, you know, blessed to attend an event with other mayors throughout this entire country that are rais focus on
really combating this issue that seems to, you know, to continue like resurface ever so often and we have to be remain v vigilant and batting it down. Uh, also we're having an event, um, county mayor is doing a mayor's conference on on Thursday as well over at county hall,
speaking on this issue, something that we do on a yearly basis. So, I'm looking forward to representing the city in that regard and just wishing you guys finally wishing you guys a happy and blessed new year, happy Hanukkah. Um, you know, uh, one of my greatest honors
in my life is to be in this seat, to serve in this position for the last, you know, six years as, as a commissioner, now as mayor. I understand the historic significance behind it. It it does weigh heavy on me,
but I understand that, you know, God puts people in positions because that's what God wants. And I'm at the at the end of the at the end of the day I'm not going to be a Jonah. I'm gonna but I'm going to try to be the best David I can be. Thank you so very much. Next item, Madam Clerk.
>> Oh, can I just say that at the minora lighting that we are welcoming all doggies with cute little Hanukkah costumes. So, and my my Yuka will be there. >> Cats, too, because we're going to hear that. >> We're going to have cats
>> and cats as well as all animals. Got to make sure that >> my Yuka will be there with her cute little Hanukkah dress. >> All right, that being we but thank you for clarifying all animals as we can. If we can make accommodations, we will. Thank you so very much. >> But my yuka is the cutest. >> Yes. Okay,
>> next item. Uh consent. >> Move to introduce the consent agenda. >> Do I have second? >> Second. >> Madame clerk, city attorney. >> Consent agenda. Following items. >> All right. Item >> All right. See that >> 9.1 Commission Conference Minutes of
November 17, 2025, presented by the city clerk. Item 9.2 regular commission meeting minutes of November 17, 2025, presented by the city clerk. Item 9.3, special commission meeting minutes of December 8th, 2025, presented by the
city clerk. 9.4 was pulled for discussion. Um, as a as a note to the comm uh to the commission, um, there will be a regular consent agenda item, whether there's uh something to be read
or not, at every meeting for each of the special taxing districts going forward. We can talk more about the reasons for that, but I just want to give the commission notice. Expect to see that going forward because the commission is the governing body.
9.4 was pulled. Item 9.5, resolution number R2025-191, approving agreement with team contracting for park infrastructure enhancements and maintenance presented by the interim parks and recreation director. Resolution of the mayor and city
commission of the city of North Miami Beach, Florida, approving a contract between the city and the team contracting, Inc. to furnish general contracting and construction management services for um a total budgeted amount not to exceed $400,000.
Authorizing the city manager or designate to do all things necessary to effectuate this resolution. providing for conflicts, providing for scurous errors, providing for severability, and providing for an effective date. Note that the agenda says annual, and that's
been corrected to total. Uh item 9.6, resolution number R2025-192, supporting the Florida League of Cities legislative platform, uh sponsored by Commissioner Smuckler. A resolution of the mayor and city commission of the
city of North Miami Beach, Florida, urging members of the Florida Legislature to support the 2025 Florida League of Cities legislative platform, authorizing the city manager or designate to do all things necessary to effectuate this resolution, providing
for conflicts, providing for scriveners errors, providing for severability, and providing for an effective date. Item 9.7, resolution number R2025-193, approving the award of the 2022 Edward Burn Memorial Justice Assistance Grant,
JAG, for police department sponsored by the Chief of Police. A resolution of the mayor and city commission of the city of North Miami Beach, Florida, approving the posting of the fiscal year 2022 Edward Burn Memorial Justice Assistance Grant by the United States Department, excuse me, it says Bureau of Justice
Assistance in the amount of $25,652 for the grant period of October 1st, 2022 through September 30th, 2025, authorizing the city manager who designated all things necessary to effectuate this resolution, providing for conflicts, providing for scrim
Governor's errors providing for severability and providing for an effective date. Item 9.8 resolution number R2025-194 encouraging and promoting volunteerism and community engagement within the city sponsored by Vice Mayor Jean and
Commissioner Chernoff. Resolution mayor and city commission in the city of North Miami Beach, Florida, encouraging and promoting volunteerism and community engagement within the city, providing for conflict, providing for scrims, providing for severability, and providing for an effective date. Item
9.9, resolution, I'm sorry, this one was pulled for discussion. Item 9.10, 10 resolution number R2025-196 accepting the land development fee study plan sponsored by the community development director resolution the mayor and city commission in the city of
North Miami Beach Florida accepting the land development fee study plan providing for findings of fact implementation conflict scriveners error severability and providing for an effective date item 9.11 resolution number R2025-197
approving an agreement with Fiser Scientific for the purchase of laboratory equipment, instruments, and laboratory supplies sponsored by the water director. Resolution the Mayor City Commission in City of North Miami Beach, Florida, approving the utilization of multiple piggyback
contracts between the city and Fiser Scientific Company LLC for the purchase of laboratory equipment and supplies for an annual budgeted amount not to exceed $85,000 authorizing city manager or designate to do all things necessary to effectuate this resolution for running for
conflicts. for scriveners errors providing for severability and providing for an effective date. Item 9.12 resolution number R2025-198 approving purchase orders. I'm sorry, this one was pulled as well. Um, and I think this one was pulled not for
discussion but off the agenda. Am I correct, Madam? >> Yes. >> Okay. Pulled off the agenda. Uh item 91 um 13 resolution number R2025-199
approving an agreement with Sherwin Williams for the purchase of paint cocking and supplies sponsored by the interim public works director resolution mayor and city commission of the city of North Miami Beach Florida approving a contract we city and Williams company for the purchase of paint and related supplies for an annual budgeted amount
not to exceed $65,000 authorizing the city manager or designating all things necessary to effectuate this resolution providing for conflicts providing discriminators providing for severability and providing for an effective date item 9.14
resolution number R2025-200 approving an agreement with wear group for the purchase of HVAC equipment parts and supplies sponsored by the interim public works director resolution of the mayor and city commission of the city of North Miami Beach Florida approving a contract between the city and multiple
vendors for citywide AC parts and supplies for an annual budgeted amount not to exceed $60,000 authorizing the city manager or designated all things necessary to effectuate this resolution providing for conflicts providing for scriveners
errors providing for severability and providing for an effective date. Item 9.15, resolution number R2025-201, approving an extension to the agreement with Arrow Asphalt for roadway drainage
and other civil works related projects. Sponsored by the interim public works director resolution the mayor and city commission of the city of North Miami Beach, Florida approving and authorizing a contract extension the previously approved contract with Arrow Asphalt and Engineering Inc. for the purchase of roadway um drainage and other civil
works >> related projects. and authorizing the city manager designated to do all things necessary to effectuate this resolution. Providing for conflict, providing for scriveners errors, providing for severability, and providing for an effective date.
Resolution number R2025-203. This is the add-on denouncing the anti-semitic attack against the Jewish community that occurred on December 4th, 2025 at Bondai
Beach, Sydney, uh, Australia, sponsored by the mayor and the city commission. resolution of the mayor and commission of the city of North Miami Beach, Florida, denouncing the anti-Semitic attack against the Jewish community that occurred December on December 14, 2025
at Bondai Beach, Sydney, Australia, expressing sympathy and solidarity with the victims, their families, and the global Jewish community. reaffirming the city's commitment to opposing anti-semitism and hate in all forms, providing for conflict, providing for
scriveners errors, providing for severability, and providing for an effective date. And I believe there is one other that was added. >> Wasn't there one more that was added on? >> That was
>> I thought there was one more that we heard at the end that was No. Besides this, there's not not another one. Okay, that's your consent agenda, man. >> Move to approve. >> Second. >> All in favor say I.
>> I. Passes unanimously. I know they're going to vote, but it passes. We're going to get them to vote when they come back. Uh, next item is the item that we moved >> nothing under 10 quasi judicial mayors. We moved to >> No, there's a resolution that was moved
up because of Commissioner. Commissioner Smith. >> Yes. >> Yes. It's the first item. Now, let me clarify on resolutions, we typically don't open for public comment, but I did say we will for this issue. So, on this, I'm going to open up for public comment on this one particular issue this time because I didn't say state that
initially during the meeting, but typically we don't do that. So, madam clerk, can you open up for public comment on this issue >> on these short on? Yes. >> Introduce introduce the item. >> Motion to intro. >> Wait, whoa, whoa. God darn it. Wait, we don't have a
>> We just wait. We'll start. We'll start. >> We don't have a quorum. Got somebody come inside, please. >> Yeah. So, yes, we just I just need to open up public comment real quick. Do I have a move? I have a a motion to introduce, right? >> Yeah. >> I have a motion in a second. So, madam clerk, can you open up for public
comment? Thank you. >> Good evening, everyone. The floor is open for public comment. You have three minutes for this item. for every item. Please speak only on the subject matter that is being presented before the commission. If you'd like to speak, please come forward.
>> This is the item about Eastern Shores. Anybody that wants to speak has to come forward. >> About the guard gate. >> About the guard gate on 164th Street. >> Former Councilman David Templer. Good evening everybody. David Templar, 3260
Northeast 160. So if you have any questions about what happened, about how the vote went, about why the vote went, I'm happy to address them >> and and we're happy to do the same. >> Uh Mr. Mayor, I have questions about the
finance. Do what you want me to ask the chair of that committee or do you want me to the finance department when uh >> after public comment, we'll we'll bring it up for for discussion. So, next speaker, >> any other speakers, >> Stanley Brown, 2975 Northeast 164th
Street. I would just want to read what I already said. I believe everybody on our panel has well intentions and int and would like to see a better neighborhood. My concern is again the fear that we're going to reach a point where the taxation is going to overtake the
ability of residents that have been there like myself over 20 years >> who came at at a price that was $900 a year for the assessment. The assessment is now $1,600 a year. And at $1,600 a
year, I mean, just think about it. My tax to the city of North Miami Beach is $2,400 a year. Should it take more than half of that to operate a guard gate? Now, what I mean is you get 2400 to run
a city, another 1,600 goes to just that little simple guard gate. We've got the technology sitting there to use that will allow for zero money. The city commission voted, I assume, or
somebody voted to fund and put that stuff in at the homeowner's expense. All 134 of us. So now it's there. If it wasn't believed in at that time, why did we spend that money to put that
technology there? You heard the doctor speak. I'm not sure if he's in our guard gate area or the 35th gate, but to hear today in in 2025 that we still need somebody to stand there and say, "Come on in." When you've
got the AI that can identify the car, the tag, and document the driver, why are we spending one dime to man that gate? I'll tell you why. Because we have residents now that are now thinking
about not where they are, but where they came from. You understand what I mean? And where they came from are places where people live in fortified areas. I've been around the world. This is not
a racist president's uh comment. I'm just saying it's a fact. We are in the United States. This is America. We don't live in fortresses. And as soon as you fortify or or take
more action to spend money on this gate, recognize that this community cannot be fortified because as soon as you take care of whatever traffic people are concerned about coming through the gate, what are you going to do about all that waterway?
All those homes back to the canal and Maul Lake and the inter coastal. So, if I'm worried about somebody driving up to my house, well, how do I ever sleep at night when out the back door can be a canoe, a jet ski, or
whatever, right there standing looking in my bedroom window. Please take that into consideration before we keep getting pushed toward a neighborhood that is not a special taxing district >> time. Thank you. >> But a HOA. We are not an HOA.
>> Thank you. Next speaker. No one has come forward. >> Oh, we have one. Excuse me. >> Uh Charles Mosley, 3000 Northeast 164th Street. I just stand in agreement with
Mr. Brown his comments about having a guard gate with really controlled opaces. I lived in California and I went to neighborhoods where this came up several times with some of the people I visited that they were more
restricted on people of color of color I mean and that this was kind of very contentious with with this type of system and I think you know me being black myself coming through the guard
gates and going to other areas I've seen this happen that they looked at me with scrutiny go going into these areas where people were really questioned about who they were just becoming through the guard gate. But I just say with Eastern
Shores, I've been there before and I seen it happen with me being told to go back to my own area with people living there. And I just have some kind of racist
insecurity with certain things that happen in this community. But hopefully it'll improve. But I I don't think we need anything else to hinder to make it even worse. That's all I have to say. Thank you.
>> Thank you. >> Any more speakers? Seeing none, public comment is now closed. Let's go back to the dance. Commissioner Smith. >> Okay. I have quite a few questions because this has become a very serious
discussion amongst the people that live behind that guard gate. So, Mr. attorney. Let's say the guardgate is no longer as effective as it would be to have
electronic equipment that can take a picture of who comes in their license plate, etc. Can we change it? Because the county is involved with this whole process as well. So, can the residents
change it if they want to? I'm sorry that the answer I'm going to give you is not short, but I'll do my best to keep it as short as I can. But the background is we were asked by the board of that special taxing district to
investigate whether or not they could move from fix to a roving guard gate. That involved some pretty exhaustive research. And I do want to thank the board of the um special taxing district and a number of
its members including the chair for helping us to find all the original source documents. In the course of that, my office and actually my partner Skip Miller who was lead on it determined first of all that
no um they could not simply move to a roving patrol instead because that was not provided for in the original documents. I want to say it's it's not a open andsh shut issue. It involved some interpretation of some kind of vague
language that we wish would have been better but it was done quite a number of years ago and that's what was done. However, we also discovered in the process of that research and I informed the board when they had a special meeting for that purpose to answer
their question about roving. The first thing we found was that frankly the city has been and and the the special taxing district, but the city has been handling this wrong for years.
The assumption and the way it was always run is that the board of the special taxing district voted what they were going to do and that was it other than the budget which had to be approved by the city commission. What we found in our research is that that board is
nothing but an advisory board like any other advisory board that we have. The governing body absolutely clearly is the city commission and every decision not just budget every ultimate decision must
be made by the city commission and we so advised the board and that is now documented as a matter of record and that's why I said a little bit ago from now on we're going to have a regular
agenda item on consent that says is each special taxing district and any recommendations from that board to be presented. And like tonight when it's placed on consent, if there is any question or need for discussion or
uncertainty on the part of the city commission, it can be pulled like any consent agenda item can be pulled by any commissioner and it can be pulled for discussion as this one has been pulled for discussion. Okay. So,
>> with that said, I I just to to answer you more directly. Um, it is something committed to all of you. There may be times, by the way, that consent agenda is empty because they don't meet every month and
if there's not a recommendation, we won't have one. But it's a regular item even if there's there's nothing to present. And and just kind of to to drill down for the last piece of this, the special board meeting was only
December 3rd. It was this month. It was just not a long time ago. There was a recommendation. I think it was a 2 to1 vote. It's a little surprising with all the people who attend to find out there are only three voting members and that was a 2
to1 vote. Um which doesn't make it any less legal. That's what the recommendation was by a two-1 vote to this commission. But going forward, we know that there hasn't been anybody
manning that guardgate. So, we rushed this to try to make sure it got on this agenda and we've done so, but I have to defer financial questions
specifically to the manager's office. Those are not things the attorney's office looked at, but we we hurried this because we didn't want to ignore the needs of the residents. Now, finally, you ask about the county. Our research
indicates that the county formally seated control to the city. There was a county ordinance at one point, but the county has washed its hands. It has turned this over to the city, but it is
the city commission. The ordinance can be amended by the city and it is our opinion that does not require going to the county based on the legislation. However,
in that this was passed because of a referendum that was held among the people in each special taxing district. It is our recommendation that any amendment
that substantially changes the existing ordinance language that the city commission deems necessary or advisable with the advice of the special taxing district with the advice of its
residents or otherwise. It is our recommendation that any such amendment also be put to those people qualified to vote in the special taxing district in
the form of a referendum where they can directly express their approval or disapproval of whatever amendment might be proposed that is substantial and material. Hope that answers your question. >> Okay. So,
excuse me. So, there's a few more questions. Number one, I want to ask the chief or whoever is here from the police department in reference to the changing of the
guard company. Did not didn't we not change it once before before Allied? Wasn't there another company? I had told the manager I would be asking this question because
how did they handle it? Mayor, commission. So the Eastern Shores community has the for the last five plus years have had the same security firm as the city.
And so when the city either through uh piggyback or a solicitation contracted with a security guard firm, that same firm was contracted to Eastern Shores. >> Okay. So one of the residents is shaking
their head no. So I need a clarification on that being as he's the chair of the committee. but prior to the five years because this whole discussion is about changing who the guard company will be.
So I need to know financially, do we have the money to do that or is the public going to have their fee raised and by how much? And I need to know if there was another company prior
to this at that time. How did we handle the change? Did the public get to vote on it or was it handled strictly by the board? >> May I have to just for one moment, Commissioner, interrupt to say two things. I'm sorry for having to repeat.
Whatever was done, depending on when it was done, it appears that for some reason my predecessors did not note that it was not up to the board to make these decisions. It's apparently been done
wrong for many years. It should be the city commission, but it may have been that it was done by the board because there was a misunderstanding. Secondly, it would not require deciding which company was providing the
exact service that's authorized by the ordinance does not require changing the ordinance or a referendum vote. If you change the ordinance itself and provide for different services, that's what
we're saying would have to go to referendum. But as long as it's exactly what was called for in the ordinance as approved at referendum, just changing companies would not require changing the ordinance or a
referendum vote. >> My point that I'm trying to get at is three-fold. Number one, the ordinance, the original setup of that guard house was 247,
365 days a year. The cost was the public involved in getting an opportunity to know that the cost was going up when it was done 5
years ago or now knowing that it can be done this way by the board recommendation. And I understand that. And but if they were not if they had a right to vote on it six years ago, I'm not sure that we as a commission should take that right away
if it's going to go up substantially in out of their pocketbooks. So those are questions I have. Number one. Number two, I'm listening to everybody's thoughts on this. I mean, you have you have no idea. There may be
only three people that can vote, but there's people that are involved. And I will thank our chair and our people that volunteer to be on that commission because I am on those meetings and they take it very serious. This is something that we as a commissioner now have to
take the advice of that board and put it into play. But if you're you're paying 1,600 a year and now you're going to be paying 2,200 a year or whatever the difference may be, which I have to find out from financial,
however difference that you're going to be paying, do you have a right to have a word about it? And is the AI, which I have, Listen, I know what a mouse is. Everybody's afraid of me. I do know what a mouse is, but I have no idea. But I
have seen on television where there are recorders that record the face, the license plate, etc. And individual residents out of their own pocket
have hired roving security for that community. And I have to tell you something. when you recognize there's 134 homes or however many and 60 of them are paying for roving security which when you don't
pay next door and you don't pay down the street you still have the robing security coming on your block so this is an issue that we really I don't want to take all this time maybe this whole thing should be tabled for one month till we can study it further but I asked
the mayor if Mr. Templar, former commissioner here in North Miami Beach and a resident and chair, if he can answer maybe some of the questions about the financial strains and also did the board consider doing an AI type of
security, >> please. Commissioner >> Templey, >> it's not working. Could somebody make sure that microphone? Okay. So, I can provide a little background >> and I'm going to try to be brief about it. >> Your name
>> understanding that when the taxing district for 164th Streets was set up, it was 1994. >> Mhm. >> And it was actually, I think, installed and implemented around the end of 1994 or the beginning of 1995.
At that time, the assessment to each resident of that special taxing district, which in in essence operates as a submunicipality of North Miami Beach, uh was being
assessed, I want to say about $800 per year and that was for a stationary guard 247365. At that time and going forward, the police department employed something called um I believe they're RTO's.
>> Is that right, >> Chief? Uh residential security officer, whatever it was. They were employed actually they were city employees and the overnights were being done on a contracted service. Over a period of years, a surplus
developed because of the cost of operating being less than what was being collected. And at the time, I think it was about $14 an hour that was being uh budgeted for the RSO and the contract work.
Some years later, um the taxing district wanted to use that money to improve the facility that is operated as the guard house. And this was I guess around 2015 or so.
When we discovered that there was this excess and we tried to take it from the county to improve the facility, the county came forward and said, "By the way, we haven't been billing you enough. It just so happens you owe us the exact
amount of the overage." And so that disappeared. And then they said, "You owe us more." So, the assessment went from $800 a year to $1,600 a year to make up for that shortfall. At some point in that
interim, the RSOs that were being uh utilized through the police department fell away. The city didn't want to continue staffing that with RSOs there. I suppose there was a cost either with workers compensation insurance or otherwise. And
so it went fully to contract services. I don't remember who was staffing it before Allied Universal. In 2018, there was a referendum to see whether or not the city should take over the
operational management from the county. And at that time, and Attorney Geller is correct, the quote unquote boards were established. one for the 35th Avenue guard gate and one for the 164th guard
gate because they're separate taxing districts. One incorporates over 2,000 residences because it has all of the condos and apartments. The other is just the 134 homes on 164th Street. So, they're two different taxing districts.
They operate similarly, but they have different boards. And as I was saying, Attorney Geller is correct. that was set up as an advisory board, no different than any other board that the commission appoints, but it would be up to the commission to actually finalize the
decisions. And again, he's correct that somewhere in there, the board had just assumed control and or assumed the city commission was rubber stamping its decisions. I guess primarily because
these were special taxing districts made up of the residents that were paying in the money. It doesn't make a difference. The attorney is correct. We really operate in an advisory position. What was incorrect about um what was
said earlier was that the current contract vendors are piggybacking under the city contract. That's true for 164th Street, but when the 35th Avenue Guard House
went through its um exercise, so to speak, of flexing its authority a few years back, they changed because they didn't like Allied Universal. And I don't know how it happened because I'm not on that board.
Uh Mark Einbinder chairs that board, but they changed services and they're paying more for those stationary guard services. They transitioned the police department, which originally was staffing that guard house and it could do so at an
affordable cost because of the number of residences behind that gate. They transitioned that to a roving guard. That board believed that was authorized by an outside opinion that was commissioned by Sarah Johnson, then
acting city attorney. That opinion was reviewed by current city attorney, Mr. Geller, and he said that opinion, that outside legal opinion, never actually authorized that board to employ a roving
guard. And so this all came to a head because here's where we bring it up to date. When the water project was being done and the roadway was torn up, the ground loops and the gates were removed. So the
the the the guard gate at 164th Street was nonoperational. No cars were being stopped at all. By the time that was repaired, understanding that the board only meets quarterly,
we couldn't vote on restaffing the gate house until we had a meeting. But at the meeting, it then came up, well, some of the board members wanted to explore a roving guard. And when uh board member
Brown questioned the our authority to do that, that delayed staffing the gate another 3 months. That's not his fault. I'm just saying that's the reason the delay occurred. There was another meeting 3 months later and we weren't ready to make a decision
because legal hadn't yet found the papers to analyze for purposes of determining what our authority was. So that another three months went by and that's the reason that I asked for a special meeting on December 3rd. With regard to
um the technology, I want to say this. At one point since 2018, and I don't remember the year, forgive me, the board at 164th Street voted to employ, again, Mr. Uh, board member Brown is correct.
With the intent of hopefully relieving us of the financial burden of having a 247 365 guard, we elected to employ an AI camera system with a push button entry. And this was because the guards that were being provided by Allied
Universal weren't doing their jobs and they weren't doing them very well. And the residents were complaining. And it wasn't an exorbitant cost. I think it was $22,000. They put in digital cameras with AI software that not only records the
plate, but it automatically identifies the make, model, and color of the car and the year of the car. And when the driver pushes the button to open the gate, there is an a video camera that takes video imagery of the driver's face. So,
all of that's already employed. Uh the issue was then when we go back, do we go back to a stationary guard? Do we go with a roving patrol? It wasn't 60 homes that was funding that private initiative. It was about 20 and they
were financially burdened with it. It started with seven nights a week. It was cut to four nights a week. I think the hours were recently cut. But Night's Protection was the entity that was providing that service. And the residents, at least those that
commented, seemed to like the Knights Protection Service better than that was than what was being provided by Allied Universal. And so when we brought this up recently and Attorney Geller said, "You don't
have the authority to go with a roving patrol. You have to follow the ordinance as it's written unless it's amended." And attorney Geller already told you about the amendment process that can be done. He doesn't necessarily suggest
that a referendum is mandatory, but that he recommends the referendum in fairness to those residents that are behind that gate. So the ordinance can be amended to provide for less than 247
365. It can be amended to um allow the use of roving patrol either in substitution of or as a supplement to stationary guards. As attorney Geller pointed out, I guess it could be uh amended to allow for the use of drones.
The fact is that the ordinance is very limited in what we are permitted to do. So when the opinion came from the city attorney that we must follow the ordinance as it's written until it's amended,
the board voted that we lost our control to reduce the hours of the guard despite that that's been the intent for several years including with the implementation of the technology
because the ordinance says service will be provided. United 24/7 365. We have five potential board members. Only three are official and two are uh alternates.
I just let everybody vote, but the only three that matter are uh board member Brown, myself, and I believe uh board uh Danny Balars. And so there was a motion to staff it 247365.
There was a second. There was a vote. It was basically two to one or four to one if you count the alternates. The issue was do we go back to Allied Universal now who people were very unhappy with because even if we did that their rates
were going up. We were notified about that about 14 months ago, 15 months ago. So if we were going to keep that crappy service, we were going to pay more for it, nights protection was at 2250 instead of
$1850 an hour or $18 an hour, whatever it was. And so the board suggested to the extent the commission approves, as Geller has suggested, we'll take our chances with Knight's
protection and see how it goes. with the understanding that the amendment process, cumbersome as it may be, was still available so that the residents could more finely tailor what they
really wanted in this day and age versus what was wanted or even available back in 1994. I want to remind you in 1994 there were no cell phones that operated as computers. You had dial cell phones,
basically push button cell phones. You didn't have web cameras. You didn't have the internet the way we have it today. So none of that was around. So it is somewhat of an archaic system. And we've been trying to steer oursel away from that with the understanding that we
can't do it on our own. It has to come through the city commission uh as enabled by the referendum in 2018 that took it from the county to the city in dealing with the finances. Um >> I'm going to stop you for one second
before the finances just for the record. Well, we certainly don't take a position as to issues discussed uh by the board themselves in terms of, you know, the 2:1 vote or the 4:1 or whatever it was. The things you've heard tonight both
from uh the chair and from from board member Brown. I do want to just say for the record that um Mr. Templar's um recitation as to our legal opinion is by and large substantially accurate. You might find
some minor quibble, but I want the record to reflect that. And I want to thank Mr. Templar for reflecting it so carefully and so accurately. Now finances have nothing to do with single answer for about a year now because the water
project destroyed the ground loops in the gate around I believe January of 2025. But we couldn't suspend the guard service until we had our next meeting, which I believe was and and I could be off by a couple of months either way
here, but the next meeting was after that. And so we suspended the guard service to preserve funds when we knew the guards weren't doing anything. And for all of this time since then, money has just accumulated
in the account. So, the residents have paid for 247365 service that they could not get when the ground loops and the gates were destroyed, but which they could have gotten when all of that was repaired,
but for the fact that we were now going through this interpretation process of what was permitted and what was not. And so, the reimplementation of a 247 365 has been delayed.
And it's gotten to the point now where folks are saying, "Hey, we're paying for this 24/7 365 and there's all this money sitting there because we saved it for a year. Why are we not getting this?" And
so there is money in the kitty to do this subject to again that doesn't mean in perpetuity. It means that until I guess it's May
when we have to submit our uh budget numbers I think to the county and then it gets voted on by the city and ultimately it comes up in November. It may very well be that if we're going to continue this without an amendment, we're going to need extra money. The
assessment may go up or we may determine that there's going to be an amendment and we're not going to need as much money and the assessment will go down. But we can't make that determination tonight. We don't know. All we do know
is the money is there. It's been reserved. It's in the bank and we can afford this. But in fairness to board member Brown, that doesn't mean in perpetuity. It just means for now until
the rest of these issues get straightened out. And that's been long and I'm sorry for that. But if anybody has any questions, I'm happy to. I have a question. I have a question. >> David, when was the last time you spoke to or pled the 164 residences on what
they wanted? >> Okay, we have pled the residents on 164th Street at least twice. Uh Stan Brown may be able to correct me. I believe it was twice. The problem with the polling is it's mailed out to the
residents. It's also done by the way we have a neighborhood chat and more than half of the homes are on that neighborhood chat and so when we have meetings for example it's published in the paper it's also posted at the entrance to the street it's also put on the chat nobody comes to the meetings
very few one or two people um to answer your question those polls were responded to by less than a half of the residents I think about a third of the residents responded and of that third more than
half if I remember correctly wanted to maintain the stationary guard. That was done twice over a period of about 18 months. Um if that answers your question. >> So the past 18 months >> um I would say it was probably going
back between two years and one year ago. So discounting the last 12 months. >> Yeah. So >> yeah, >> Mr. Manager, can we >> March of of 24, >> can we send a registered letter to all
164 owners and do that same poll? >> Well, before we move on action, but I just want to know what are we doing with this legislation now? >> That's that's really the issue. >> So what do you Commissioner Smith? >> I I just want to say thank you for explaining it. What I'm hearing and I
really the explanation from both Mr. Brown and from David Templer shows me that we have a guard house without a guard. We have money to pay for a guard. The people want the guard more than half
of even though some of them only a few people answered. And as Mr. Templar so astutely pointed out if this guard doesn't work if it's too expensive nothing's written in stone. >> So it's a it's a trial that instead of
tableabling it I say we vote for it. I say in my seat I'm going to pass it. Let them bring in this new company. Let's see how it works. And then during that period that they feel secure as I was
explaining to Mr. Templar today. Some elderly people just feel comfort knowing they go through a guard house. So I say we vote on it and I say we put it in place and then if we want to give
instructions not knowing what the instructions in that letter should say. Do you want to have an AI? Do you want to have 247? Do you want to have roving guard? What do you want? But then we can discuss that and put a letter out to 134
people and see if they'll answer the city before they would answer their their um board. >> Commissioner and mayor, let me just say, of course, we have no comment on what you should vote on this. That's up to you and recommendations from the
residents and whatever seems appropriate to you. I do want to say if a letter is to go out, we surely want to be part of what's contained in the letter because we don't want to mislead anyone into thinking that the current ordinance
allows something that >> in fact it does not. We want to offer if we say would you be interested in this? It has to be we can ask but it has to be couched. This would require a change in
the ordinance and there's a process for that and we're saying it should go to referendum if you're going to do it. >> Well, that's why I'm saying we shouldn't discuss it tonight because that >> that's a major discussion what we're going to do. But I think we should we should not leave an empty guard house
without guards. And I think we should go with what the recommendation is to put it with somebody that is not reading a book instead of looking at people coming in that's not sleeping, which I see in my guard house sometimes. Uh, you know,
I think we should try it. What can be done? >> Hang on. Hang on. Hang on. Hang on. Say anything. >> No, no. I I know. But you're coming up and I just want um if you recognize I I'll just I let me uh move forward with Commissioner SM. >> Okay. Thank you. >> So um and I I I just want to say about
sending something to the residents there. You can send it to them certified. You can put diamonds and gold booleans in there and ask them to do it. And they just don't do these things. So, just because we send it certified or
just because we asked doesn't mean they're going to vote because it's done twice already, right? >> It's been twice. It hasn't been sent certified, but it was sent >> by mail, by email, and on the neighborhood chat, and we still didn't have even half of the people respond.
>> Right. So, um I I'm personally of the opinion that um we really should do what the board says. Yes, you're an advisory board and we're supposed to be voting and that's what
we're going to do. But you are the the special taxing district advisory boards are a little bit different that the rest of the advisory boards of the cities. These are made of residents that live in that specific
special taxing district. And um you should be voting. You should be saying how you want it. and we should just be here to to to just give the final okay. We shouldn't be saying no if that's what you guys want. That's that's my opinion.
And um uh you know back in 2016 um Chuck Sarno, may he rest in peace, Diane Hayhurst, yourself and myself, we fought really hard um to make sure that this passed um in the in the voter referendum
and it did. And in fact, we were the first city in uh all of Miami Day County that um >> took control of the tax, >> took control of it. >> Yes, that's correct. >> And the other cities actually followed us. Um and and that story that you said
about all that extra money that the county had and then we we did have and then we didn't have was actually for both guardouses. I think your guard house was like 200,000 and my guard house was like 100,000 and we were going to make beautiful guardouses and >> correct the the the surpluses were for
North Miami well for the first edition was 200,000 and for the 35th Avenue surplus I believe it was about 130,000 >> if I remember correctly >> but that's listen it's water under the bridge and and and I have to you know
say thank you to each one of you because this is really not what you came here for tonight and it's really a long time. I'm just trying to give you as much accurate information as I can. >> Great. But um and and I do believe that we need the guardouses. I I'm I I I we
need either the roving or we need some we need a and I'm speaking I mean I'm I'm speaking from someone who lives not in your guard house but lives in within a guard house. We we need either you need either roving, you need either someone at the guard house there.
There's cars constantly being stolen. There's, you know, houses are broken into. Things are happening. And I'm a firm believer. Um I I fought really hard for um the city to to take control of it. I I was originally on the on the
board before I became a commissioner. So, um I'm I'm in favor of this. And >> um >> that's it. Okay, Mr. Brown, you you wanted to say a comment, so please go ahead. >> We have a professional police force,
North Miami Beach, that has an officer dedicated to just Eastern Shores. That officer doing these hours that we're talking about where there are cars stolen. And just keep in mind, we're coming off of a crime spree that was Broward and Ded County.
That crime spree was going to affect neighborhoods regardless of a rover, regardless of a guard house. Just three weeks ago, with a rover sitting within sight, a house was broken into Eastern Shores at night.
Earlier this summer, the Rover passed right by as another gentleman attempted to get another car. So, this Rover is not a save all. Our police would disagree with you. Uh, Commissioner >> Smuggler,
>> they would disagree with you >> because they will tell you that there's no statistic, there's no criminal activity unique to Eastern Shores that makes these homes a target for anyone, no more than anywhere else in Miami,
anywhere else in North Miami Beach. So if Eastern Shores needs a rover, you guys must be talking about putting rovers everywhere and you're not. >> But we but we but to be clear, the the police officer that you said is dedicated to Eastern Shores.
>> Yes. >> Is being paid for. And I want this to be clear. It's being paid for in the special taxing district. >> Well, that's not true. >> Yes, it is true. No, it is not. >> Yes, it is true. You >> have a police officer. What is the district you call? Is it region seven or whatever? That guy sits from the corner
of 27th Avenue, which is right there where that gas station is. >> Oh, okay. Well, that's Western eastern Shores. And that's Well, every community, every community has a a a police office. >> But my point is this, >> that officer sits there and patrols that
whole region from the bridge all the way back to where that gas station is. And during the wee hours of the night, the police have decided that that officer doesn't need to really rove inside of Eastern Shores because there's no real activity there. So they position him
along the 164th Street corridor to better utilize them to to catch people that are speeding. So if we had an uptick in crime and a real crisis, wouldn't the police redeploy this gentleman or this officer inside the
gated area? And I've had that discussion with with uh Major Assam and he said, "Yeah, you're right. If we ever had a uptick in crime, but we don't have that." Now, my next point is this. Uh Mr. uh Board Member Temple is
correct. The interpretation of the ordinance does say service will be provided 24 hours. But here's what is not clear. And the city attorney and I have had this conversation. He's agreed to research it, which is why this thing needs, my opinion is this thing needs to
be put off until he has the time to do this research. You see, the service is not the person standing there saying, "Where's your ID?" That is not the service. The service that the ordinance stipulates is a entry monitoring system
that does not require a person in today's technology. The entry monitoring system is the guard facility, the building. It is the arm that goes up and down. It is the camera that now captures the face and the
image. It is the AI that scans the car and records the tag. The person is a component of that in prehistoric days, but today the person is not a necessary component of that.
And it is the Guard Gate Advisor's job to present to this board the most economical and feasible way to operate that facility given the fact that these are escalating costs that will never ever go down. I've
researched the over 100 communities in Miami Dade County that have special taxing districts for things like guards and rovers. Do you know there are communities now paying $8,000 a home for a guardgate? Really?
This street is not all of that. At what point does does the city commission say, you know, that's a little too much? When will we get there? Will you wait? Will you drag us down this path for two, three more years, knowing that just in
the last two years, we've gone from $15 an hour to $17 an hour to $18 an hour. Now the proposal is, oh, let's pay $22 an hour out of whose pocket? Out of whose pocket?
>> Brown, can I ask you a question? So if you if you we do this scenario with the AI and no roving, who's going to if something breaks down, who's going to put a cone? Who's going to make sure the needed repairs are done? Who's going to be coordinating everything? >> The same person that does it now, the
North Miami Beach Police. We pay a premium to the North Miami Beach Police for the service and maintaining the system and the building. So, every time a guard arm breaks, M uh board member Templar has the equipment and if he
doesn't do it, the city will come and do it. I have a key to the guard house. I have volunteered my services to go down at any time to put that thing back together if it needs to be put back together. But we have a a maintenance contract with somebody that does all of
that. So, that really is not an issue. Chief, >> I have a question. In In the old days, we weren't allowed to take the picture of any occupants of the car because the city would get sued if anything happened if somebody was not supposed to be in
the car with them and we used to have a problem with that. Has that gone away? >> I was not aware of that. I I think it's perfectly legal to do that to do so, especially if you're entering. >> We're taking pictures of the license plates your guard. >> No, no. And they said the new stuff though in the new software.
>> Oh yeah. >> But in the old days you weren't allowed to take a picture of the occupant because of suits. >> We we never just to clarify I don't know that it was ever not legal. It was not employed at one time. They didn't have
the technology to do that. And so we do now and that is employed. >> No. But what the reason was back then was if somebody was coming home with somebody that they wasn't supposed to have in the car and they were going to get sued. No, seriously.
>> No, seriously. That was the issue. That was >> that was the issue. >> I don't football game then going to use our camera to enter a lawsuit that identifies them. >> I don't remember. and we didn't want to open it up to that was the old >> I don't commissioner that I I can't say
whether that was illegal at the time. It is not my understanding that that is currently illegal where the government has established a guard house. I can do a little further research because frankly it's not an issue we study. But
it is not my understanding that it is illegal to take that information whether it's done in person or automatically. But again, since that's not an issue we researched, I do want to qualify. But I don't believe that that's illegal at
this time >> sitting here without researching I I I just I I hesitate to drag this out because I think what's happening is we're going off on a tangent. >> No, no, I woke up. But so I'm trying to line up with the commissioner. >> Okay. Thank you so much. What I wanted to uh Are you two on the same page as it
relates to how we move how you hope the commission will move forward tonight? The two board members. >> Are you guys on the same page? >> No commission. >> No. So the question to the chief now is from a safety perspective, right? from a liability perspective, what would be the
best way that we move forward just from that safety perspective? Because we want to ensure that the community is safe, but from the fiscal um from this fiscal side, that that seems to still be a questionable a questionable moment that the city management should have actually
rectified that. So from the safety perspective, what is your take on it? So obviously you know AI is great and technology has evolved and it's a great tool that assists us you know in investigations and and we have used that camera before where the driver comes in
we take a photograph we have tools that we use for facial recognition that helps identify people however replacing that replacing a human or police officer with that I believe having an officer there is paramount and more important than than AI because we've had instances
where Yes, to your point, sir, uh there are times these criminals are savvy. They know they see an officer roll by. It's a crime of opportunity and uh also to your point. This can happen in any community at any time. Yes, Eastern Shores is more prominent because of
higherend vehicles, etc. So, they prey on that type of environment. Um so, officer can drive by, the criminal sees an opportunity, the doors are unlocked 90% of the time, and that's why they they do that. However, having an officer there available and ready. We've had
instances where there's in progress calls, life-saving procedures have taken place, officers there on the spot to address those issues. So, if you're asking me for my professional opinion, having an officer present, available, and ready to respond is better than having an artificial intelligence.
>> Mayor, M clarify something with the chief. Um the the original legislation certainly contemplates that offduty police officers could be or on duty for of course could be manning that guardgate. And obviously from what
everyone has said there is no substitute for the terrific North Miami Beach Police Department patrolling that whole area which is one of the honestly one of the arguments against having a roving patrol is that we have something that's a lot better than that. It's roving
police officers. My understanding though that as far as at the guard gate, it's currently not police officers that are at the gate. It's correct. Police officers on patrol. And what we're talking about, well, yeah, it's a huge cost if that was done because
>> we try to pay the police officers well. But as I understand the specific issue and nobody says that we want to reduce any police presence in that area because as you said it's a target area. Um but
they're talking about unarmed security guards standing at the guard gate and that's who I think is not what's in front of us is having police officers and no substitute for that.
So my next question to uh is as it relates to the current contract right now, if we don't approve this tonight or if we delay it for another month, is there currently somebody in the guardgate? >> No. >> No. >> And so that's what I was going to say, Commissioner Jean, is that I don't want
the focus of the commission for tonight to get astray. The issue is, as we've been told by the city attorney, is the residents must get what they've already paid for and you must follow the ordinance. And for now, we've got the
opinion that the ordinance says 24/7, 365, and we don't have anybody there, but the money is there. That doesn't mean that the word service can't be subject to some interpretation, but that's not the role of this commission
this evening. That's for another day. And whether the ordinance is amended to clarify the word service or 247 365 or stationary versus rover or supplement, all that's for another day. What's for
tonight is that the board voted 2:1 or 4:1, however you look for it, to restaff the guard house 24/7 365 and we can't do it on our own anymore because we've usurped our authority
already. So now our recommendation has to come to the seven of you. >> Question two is is the current what's currently proposed sustainable fiscally for you guys? That's the other question because if we approve this and long term financially you guys are tapped out with
the eventual inflation of the of the service, is it something that will affect the residents and then now coming before us again to see if we can put it out to bid again? I think that's the real question because sustainability as it relates to the financing of this particular legislation is is a key
question that I don't think anyone has answered yet. >> Vice Mayor, if I can jump in, >> if I can I'm sorry, Vice Mayor, I can jump in here. Your question actually suggests a very interesting possibility. Perhaps the commission, if it so
chooses, it's your absolute discretion, but perhaps the commission might want to vote to authorize immediate staffing of the guardgate, which again is the reason we kind of
rushed this through, knowing that there might be questions that arose, but you know, we felt that obligation. Perhaps the commission might direct that the staffing take place immediately but instruct that no long-term contract be entered into. That's a monthto-month
arrangement could be entered into. So there could be guards there right away, but you get the chance to come back and look at it and make a further decision. But knowing that in the meantime that guard gate is staffed. That's a and your question suggests that directly. It's a
very >> So the other question is you mentioned the two companies. The current company is one that you guys were not satisfied with per se. You have another suggestion, right? >> The former company which I don't know is it's still under contract with the city but not necessarily with the taxing
district is Allied Universal. Allied Universal may have different levels of service. The folks that I see here at city hall from Allied Universal are light years different than the folks that they stick in that courthouse. point that could be a point to the attorney's suggestion about a monthtomonth
addressing the level of service that that the company can provide based on the need that you guys have. >> Correct. And he's absolutely correct as you are that there doesn't have to be a long-term contract and there shouldn't be by the way because to the extent the ordinance is uh amended or sought to be
amended that contract suddenly becomes questionable. Mr. Brown. >> Mr. Brown one. >> Well, what's before us because I want us to end this because we have a pretty it should have been a short agenda, but it's a pretty long agenda now. Um, but understand how nuanced this can be and
how important it is to the enclave you guys both live in. the we have an option or a possibility of doing this for a short-term basis as we get additional information if we're going to appeal the this ordinance because you know it's it's a timing issue. I understand the
concerns of we need something now. Um but we also understand that it doesn't have to be locked in for a substantial period of time to see if we can lack of a better term split the baby in half. I'm not trying to split no babies but I'm just saying like finding some balancing approach. Well, I appreciate you e the
whole board considering this as a way to balance. I mean, my goal is not to be a roadblock. My goal is just to recognize that, you know, this is like the the gift that the thing that never stops giving and this automatically going to $22 when we were not able to pay 18. I'm
like, whoa. >> Why would everything >> we have to realize also that everything has gone up everywhere with everything. So, >> but I understand your your I understand your standpoint. My thing is that just for us to move the ball along. Yes. >> So we can have some type of further discussion on this
>> to make it um as the the city attorney pointed out. Mr. City attorney, if you have a proposed motion, I will accept it, please. >> Thank you. The motion would be to accept the recommendation of the board to
contract with who the recommendation is for, but to do so on a month-to-month basis pending further review of this matter and investigation of the finances by the city and the city commission.
>> I make the motion. >> Second. >> All in favor say I. >> I. >> Thank you. Um, Mr. Attorney, >> yes. >> Is um can you find out if other cities um are doing it this same way where they where they have the board and they make
a decision and then we approve it or not? Because I I don't think it's right that if if a special taxing district is making >> a recommendation >> a recommendation for where they live that we should come and say otherwise.
I'm happy to look into it, but >> our research of >> the law on this >> seems to indicate that it the county when it gave up its control
>> did so on the condition that it would be a duly constituted city government >> that was the governing body. And I have to say I'm a little skeptical whether or not somebody has a different
arrangement. >> Frankly, that doesn't mean that it's legal. We we can look. >> Oh, well, they gave it up 10 years ago already. So maybe >> that's my point. They've been doing it wrong under our document for years. >> Just if just for whatever they're worth.
I mean, Joe and I knowing know each other a long time. I think he's right. I think the ultimate authority has to be with you because it has to be with a duly elected commission and not with an appointed board. Having said that, I want to thank the mayor for the extra
time tonight and the consideration from each of you. Again, wishing you all happy holidays and I am going home. And a final comment if I might that um you as a commission >> I don't know how these board members are even chosen frankly uh but you as a commission ought to be very proud
>> that you have advisory committee members two of whom have taken the time to come here be thoughtful be reasonable and and really look at you know this from not the same point of view but in the interest of how they see the residents.
You have to say that this is a pretty model advisory board in the way it's functioning and the way that its members presented to you tonight. That's something you should be proud of. >> They run every meeting like that. Every meeting's run the same. Thank you both for your time.
>> Thank you board members. Uh next item. Madame clerk, it is move to introduce ordinance number 2025-12. 9 9.9. >> Yes. >> Yeah.
>> Yes. >> Yes. Correct. >> Item 9.9 resolution mayor city commission of the city of North Miami Beach, Florida lobbying services. amount of $20,000 with RAM Consulting
Group LLC under the RFQ-24-024- SG lobbying services and authorizing city manager designated necessary toate this resolution for conflicts. Oh, thank you. Hope I was heard and that went on the
record. um providing for conflict and subject to the budget appropriation and availability of funds and providing it for an effective date. >> Madam procurement office >> need a motion >> motion >> second. All right. Um procurement.
>> Good evening mayor and commission again. So, back in 2024, uh we went out to solicit for lobbying services for a pre-qualification pool. Those firms were presented to you all for approval uh via resolution 202489.
Um, additionally, we were able to uh add subsequent firms as needed to the uh pre-qualification pool. We've done that. Um, and we have a pretty robust list of lobbyists. And so we're able to
use this lobby, these lobbyists via task order for a particular project, for a term, for a time frame as a city manager's office deems necessary. Um, these lobbyists include, of course, our state um, and local lobbyists as well as
the federal lobbyists. So um, again, we're able to use these lobbyists via task order. that dollar r that dollar amount ranges based on the sensitivity or the term of you know the the project. So um for RAMBA consulting group uh we
we uh consulted with well we utilized them back in 20 early 2025 under a task order for $30,000. That task order was is under the manager's authority under 50,000. So, we were able to execute a purchase order um for those services. Um
we received task order number two for additional services and that was during the summer of 2025. So, this year um those services were for um not a time
certain. So, we have the autonomy to to end that whenever we need to. Um but those are for $20,000 a month. Um because that that then put us over the uh spend authority
after the first month over the spend authority. We have to bring that to uh up to you so you guys can can vote on that. Now >> sorry I was going to go to the city >> No, go ahead. >> City attorney.
You know, mayor, um, and commissioners, let me say that, uh, I certainly listened intently to public comment tonight, but I have to say that there seems to be some
misunderstanding on the part of the public. I don't remember which speaker and you know I understand that the people who sit up here on this blue carpet sometimes know
things that are just not apparent to members of the public. And that's not anybody's fault. That's just part of what comes with sitting here. But I I noted someone who said, "Well, why do we need lobbying services?" because the
governor vetoed it and it's not necessary. >> Well, that didn't just happen. >> No, it did not. >> We got engaged in this late in the process. There was tremendous momentum in both houses of the legislature. I
served there for eight years. I don't bring it up much on this day because it's not always relevant, but it is here. And we went and we have some other lobbyists also very good people, but frankly we went to these folks and they
said that's that's a a charging train and we don't think we're going to be able to stop it in the House or the Senate. Though they tried, >> but they were able with the help of other
friends. >> Yes. a lot of forces. That veto didn't just happen. It it was in large part now again we have other lobbyists who are very good but this firm in particular
was extremely active in the executive branch. We are not mere usually when we retain lobbyists here they're mostly for legislative services not always for executive branch this covers both and I
just can't tell you as somebody who has occasionally had the ability to see what happens behind the curtain um that veto didn't just happen and anyone who thinks oh we got the veto So,
why did we need the Well, that's just not how this process works. Um, and the money it would have cost us going forward with the lawsuit that we had drafted sitting there in the can ready
to file at the drop of a hat because the decision for the governor was days after the effective date of the of the legislation. It went into effect July 1st and the decision wasn't made till like the 3rd or the 5th or something.
>> We already had a lawsuit, >> but we didn't have to file it or sue it out. Had we had to sue the state of Florida, that would have cost us a lot of money and we didn't have to. So, I don't advocate for things in front of
you that often. It's not really typically my job, but as I hear from a lot of you, what are we doing on this? Well, we know this process and this firm delivered, >> right? And and there might be a part
two. So, um, and we hope we there isn't, but >> you're 100% It's already filed, right? They're already coming back trying to do >> I know. So, I'm I'm going to make a motion to approve. >> Oh, hang on. I I would like to >> I'll second it. We're in discussion. >> Okay. Got him. Thank you. >> Second disc. Go ahead.
>> May I? All right. Um, since we have Thank you, Mr. Mayor. So, um, I'd like to know, first of all, they were paid initially, I think April and May. Is that correct? In 2025 this
>> Yes. under the under the 30,000. >> Okay. So, during that time, I believe that we still haven't um it hasn't been full-fledged. We know that they filed a a a bill against us, right? The HB11 was filed and therefore they were working
for that. That was the 30,000. So it was April and May, was it? >> No, no, no. That wasn't it. No, no. >> Okay. No, that's what I This is why I wanted to I wanted to clarify. Hang on. Hang on. So So this is what I need to get clear. So um let's uh I'll have um
Miss George answer. Um, so what I can speak to is what the task order reads. Okay. >> Now, the, you know, the detailed what happens in Tallahassee or DC, I definitely can't go into that. But, um, the services for the 30,000 were for the
legislative and executive branch lobbying. >> Okay. And that was for when was it paid and during what period was the invoice for and all that? >> I believe >> that's passport one, correct? I'm sorry. >> Is that task order one? >> Yes.
>> Okay. >> Um I believe that was for March in April. >> Let me double check. Just a moment. >> Yes. March and April. >> Which year again? >> March and April 2025.
>> Okay. All right. And then we started paying them again in August. >> Yes. We received another tax two. >> Yes. >> And that was paying August 2025. >> We paid August 2025. >> So the contract was signed August 1st,
2025. is that I mean I see in the backup documents that you have here it says that um it's a letter from David Ramba himself saying that the contract is starting August 1st 20125.
>> So just to address this with Mr. Attorney um you mentioned yourself that actually I think the I think the veto was July 3rd. >> July 3rd >> right? So July, it was right before July 4th and we were all happy for that celebratory, you know, event. So if we
had the bill vetoed July 3rd, why are we hiring a consultant for August? >> Okay. >> There was a commitment. I mean, I'm there was a commitment that they were going to do it right after that, which they did. They they were already
planning to come after it and defile it, which they're not giving up on this. This is an ongoing thing and they've made it very clear that they will use whatever resources to pass this
bill and I want to just say that. >> Okay. And also to answer your question, Commissioner um we there was only authority at that point to pay them for that pair was March and April really April and May is
when the legislative session concluded in this year in May, early May. Mhm. >> Um, as a certain fact, they continued working without being further compensated
until pretty much the day that that veto was entered. Now again, they weren't the only people on our behalf, but they the fact that we weren't paying them more doesn't mean that they stopped in in
April or May, whatever that last month was. They worked until that veto was formally filed. and they just didn't get extra money because it required at that point it was viewed that that was
all that could be authorized. >> They kept faith with us and kept working. >> Thank you. Um so my I I wanted to ask my colleagues I don't know if this uh occurs to you this way but to me it occurs like that they have decided to
work for something. We promised them something there was no contract in place. I I standing inside of fiscal responsibility and transparency. I really think that moving forward now. Whatever had happened happened, right? They worked on it. That's fine. I I I
can, you know, I really don't want to be flexible about it because I think that if you did actually put in the work, like just send us the bill and if you had an agreement, we're I mean, we should be willing to pay for it now August 2025, right? when they're coming
in when we paid them first time was 30,000. The next 20,000 should be available through the city manager because they have he has a limit of 50,000. So that task order number two if it's done for 2025 that is I think
that's I that's how I see it. I mean like I would colle hang on what's let me allow I'm sorry allow me to finish um sorry miss >> commissioner turnoff >> um the issue is this like I think that
we do have the file we we do have a bill filed against us I don't know 253 from um representative Robinson uh >> 224 >> 224 thank you okay 253 is in my head all the time um 224
>> 224 I wanted it to be 227 so for other reasons but 224 >> for other reason anyway >> for other reason all right thank you anyway um so with that said I just think that um now that we don't have a companion bill yet in the Senate
obviously like there's a chance that there will not be one now we don't want to take that risk but for me like I said financial fiscal responsibility I want us to think about that $20,000 that we spend every month. It could be better
spent somewhere else. Or if we needed them to monitor, is there like a a monitoring fee versus like, you know, a full-blown fee just to sit there and watch the bill come through? Uh we do have two other um that two other
retainer contracts, I believe, which >> one is one is conflicted out by the way. >> You mean Ron Book? >> Yeah, it's conflicted out. >> Only on that map. >> So we have Okay. So we have Ruben Turnbull that is doing both, >> right? Exactly. And they're $6,500 a
month >> versus $20,000 a month. >> But commissioner >> Yes, sir. >> the the I with difference spent eight years there and I was there for many years before that, not as a member. When you say there's not a companion bill in
the Senate and all we need them to do is monitor the that's just not how it works. >> No, it doesn't work. Um there's not a companion bill in the Senate in part because our friends at Ruben
Turnbull, but also very much because our friends at Rambach started in August under the remainder of what the city manager had authority to do and got engaged early
>> and the fact that there's not a Senate companion like the veto It doesn't just happen when someone's on your behalf in talking to people and and explaining to them and
and working on them and saying, "Well, you don't want to sponsor a Senate companion to that. You're not really that's a bad idea, Senator, because of all these reasons. That's how you end up with not having a Senate companion."
>> Thank you. Um I understand. Thank you very much, M attorney for explaining. Um I >> Commissioner Sue can >> Yes. Go. Did you want to share something? >> Miss Commissioner Sue, you know, blabber the point. That being said, like I got a motion in a second, right? I got a
motion in a second. >> I I wanted to can I propose something? Just just just >> if it consideration if it fails if it fails, we'll go we'll go to your motion. All right. All in favor to approve as the the
resolution as it is now say I. I. >> Any oppose? >> Nay. >> All right. It passes. >> Comment. >> Oh, you have a point of personal privilege. Go ahead, Commissioner. >> Point of personal privilege. Yes. I wanted to kind I wanted to publicly thank um Ron Book for the services that
he provided to the city. And the reason I want to do that is because um many of the firms did not want to service North Miami Beach because of the conflicts and the different things that have been you know but with that being said as well
for the city administration. This is to you. This is not to the services of Ron Book. But there still needs to be a level of transparency as it relates to our lobbying services. Right. And all of us should have the privy to of knowledge
of knowing who our lobbyists are. I think that's a a a bare minimum that each of the commissioners should I've gone to events where people would say, "Oh, yeah. I'm servicing you guys." And I'm like, "Oh, okay. Thanks for letting me know." >> Well, I mean, >> but I I do think like to to what the the
attorney said, friends and forces, there's a lot of things that we can't speak to because of the sensation. >> That's the thing. And I and I just wanted us to be before we got too much into the weed. >> Absolutely. >> Because at the end of the day, we have pending litigation. Always remember this cuz I know how sensitive and how a lot
of people want to just mix and match in this. Believe you me, I don't want us open I don't want us to be open to further liability or the opportunity to somebody to snip a word or take a PUC meeting and then blast it on there and use it for litigation, which is it's going to happen. >> I agree with that. >> I've seen that happen. I've seen
threats. So that being said, I want to be very cognitive of who's monitoring us because this is an adversary g adversarial game that we're in. There are forces that want to hurt us by hurting our water plant. They don't care
who they utilize, friend or foe, to try to make that happen. So they can take the dysfunction or our our our our differing views and use that to their advantage to our disadvantage. >> And they did, didn't they? >> And they did. from the PUC when Bruce was saying something
>> at a county commission meeting. >> But that being said, no, we're landing the plane. We next next item, Madam Clerk, please. >> May May I >> legislation, >> Mr. Mayor, please through I just wanted to talk to the city manager just for a second about this uh the
>> No, no, please. >> No, I would like to see a report of of lobbying services that are being done. Well, you can ask him that. >> Commission introduce ordinance number 11.1. Ordinance number 2025-12.
>> Second reading. >> Madam clerk or Mr. City attorney, >> you got a second for me? >> A second. Okay. Item 11.1 ordinance number 2025-12. This is second reading. Suspension of delinquent accounts for a solid waste commercial account sponsored by the in public works director. An
ordinance of the mayor and city commission of the city of North Miami Beach. Amending charter, excuse me, chapter >> uh 18 entitled solid waste management sections 18-3 entitled garbage and trash collections fees schedule of the city
code of ordinances to create section 18-3.1 entitled suspension of commercial of excuse me of commercial dumpster account service for unpaid bills requiring mandatory commercial solid waste
service. Authorizing the suspension or removal of commercial dumpster service for delinquent accounts. Providing for enforcement, leans, fines, and reinstatement requirements. Providing for notice, procedures.
Providing for conflicts, severability, codification, and for an effective date. Second reading. May public hearing. >> Procurement director. >> Um, good evening, Mayor Commission. uh Kurly Mckenry um interim director of public works. This is the second reading
for um just a request to move forward with suspending um commercial accounts uh based on non-payables. Um and we're wishing to uh provide late notice after 30-day delinquency. Um after 60 days of non-payment to really just move forward
and um remove the uh dumpsters. >> City manager. >> Yes. I just wanted to say, Mr. Mayor and Commissioner, this was an item brought to you um last month. This is the second reading. Um I don't believe there were any um requests or changes to uh what
was uh proposed the first one. So I just wanted to say that. >> Thank you so very much. Since the second reading, I bring it up for today. Commissioner Smith. >> Commissioner to adopt. >> Second. >> Second. >> Madam Clerk, do a roll call, please. >> Commissioner Shernoff.
>> Yes. >> Commissioner Floring. >> Yes. >> Commissioner Smith. >> Yes. Commissioner Smuckler, >> yes. >> Commissioner Sue, >> yes. >> Vice Mayor Jean, >> yes. >> Mayor Michael Joseph, yes. Passes. Thank you. >> I had a question for this one. This was the riddle that we had from the last time.
>> So, we increase the capacity uh until they pay. Is that basically in a nutshell? >> So, the sorry the >> voted on that's fine. We can get clarity. >> Yeah. Yeah. Yeah. That's fine. Um so, this is uh the last time when you asked
the question. So the answer to that is the cubic capacity of the dumpster asset is set to actually um hold that much trash. Um unfortunately today there's there's nothing in place, right? So it continues to overflow over a really a
long period of time. Here we're actually putting a stop gap behind that. Um and we're following through with code enforcement to make sure that we actually create a stop gap and address the situation. >> All right. >> You're welcome. >> Thank you. Next item. MO. It's 182. Some 112. Someone needs to
>> introduce 11.29. >> Second ordinance number item 11.2 ordinance number 2025-09. This is also second reading. Oh, I'm sorry. This one was uh >> No, it's fine. It didn't >> voted back in. I'm sorry. My Okay. Um
establishing the housing and economic development department sponsored by the interim assistant city manager. An ordinance of the mayor and city commission in the city of North Miami Beach, Florida, creating the department of housing and economic development of the city of North Miami Beach. Providing for the establishment of the department and appointment of the director,
providing for codification, conflicts, scriveners, error, severability, and providing for an effective date. Second reading. >> ACM. >> Thank you. Good evening, mayor, vice mayor, and commissioners. Again, this is second reading of the ordinance to
establish the housing and economic development department um with the focus of providing effective and efficient administration of housing policies and also to provide focus on economic development activities linking
to jobs and housing. Uh establishing this department would align with the strategic plan. This is what we worked on earlier this year with FIU. um pretty much with all of the eight pillars that were identified in that strategic plan which are listed
here. In addition, uh we also worked on our economic development strategic plan with FIU and the six enhancement strategies that are identified on the screen also reflect um supporting uh reasons why the housing and economic development
department should be established. Uh this is the org chart that was presented to you all during the budget process. Um essentially you would be creating a new position to hire a department director. Um
an administrative assistant and then the remaining positions are current position well um would be filled by current staff. uh the titles may change and be reassessed based on um the BTR office that would be moving to the
department. Um so this ordinance would allow for um the establishment of the department identifying that the on the housing side there'd be housing oversight and administration um which is what we only do for home rehab. But in this case we
would be um supporting the housing policy and housing study that the community development department uh began to oversee and is currently finalizing. In addition, this would um allow for the planning and support for comprehensive human services um which we
lack in the city currently as well as advocacy for social and economic concerns of residents. And of course in addition to that on the economic development side this um department would be responsible for um
implementing the strategic plan creating the business tax receipt program that's more of a concier service um that we currently do not have. uh working on workforce training and development opportunities, tourism development, marketing and
branding, entrepreneurship and small business support, retention, expansion of existing and attraction of new local businesses um as well as partnering with key stakeholders to simulate economic growth.
Uh what was approved in the budget is listed before you in the summary. Operating expenses equate to $540,000. That would allow for the continuation of the home rehab program, uh job fairs, the quarterly business lunchon, business
assessment and training program, the nursing assistant program, a web developer training program, which is new, uh trade shows on conferences to continue to promote uh the city and the partnership that we currently have with the Begin Council.
And so the recommendation is to approve the ordinance based as based as how it's presented to you all tonight. >> All right. Bringing it back to the commission. Commissioner Turnoff. >> I'm good. Thank you. >> Commissioner Sue. >> Um okay. So I think we had a
conversation about this. So there was uh several things that I wanted to bring up. Uh first of all, where is the economic growth at this point? like what how are we measuring that right now to see the effectiveness of what this department would do?
>> That's one of the things that we actually need to work on which is why I'm recommending the establishment of the department so you have a director who's focused on identifying what the KPIs are and measuring and tracking our data. >> Well, I think that we should determine
that before, right? You don't um you don't I I just can't even imagine thinking about like let's jump in the pool first and let's get a bathing suit. So, you know what I mean? Like I think that we should find out first what temperature that water is and then whether we should
go in with a scuba outfit or whether we should go in with a bikini. But like right now we don't know anything and we just want to establish this. put in $934,000 into this budget. And this budget is I don't know how accurate that is because
I didn't see the line item in the budget book of all the employees that are in there. I only see the ones that are going to be hired. Right? So I am asserting that that 500 what was it like 400 some thousand is for the new
employees that are being hired not the ones that we are borrowing or bringing over from community development. So that means that that budget is not accurate. Um and that's all an assumption. I I would love to hear you address that because I think a department head is usually around 150 and then the
employees and all that with the benefits and everything else. So can you um >> Sure. during the budget process and at the request of the finance department um we did look at ways to reduce spending in this fiscal year. Some of the positions would be hired at a later
date. I think one of which was administrative assistant that wouldn't be onboarded till the fourth quarter. But in any event, the budget that's presented is what was approved by you all through finance um and exercise that we had. And then for the BTR staff, it
would essentially be those staff moving from community development into this department. >> Absolutely. Now, thank you for that. So, I was going to say that, you know, when we approved that the 450,000 you wanted to hire somebody under community development, the salaries would be
lower. So, that's why I think that's that's what is, you know, that was what we would understand is that it would be distributed among other employees. So now that when we're seeing the actual presentation, so if you could go back to that uh org chart that you had created
uh or you were showing. All right. So the two on the left hand side, those two are the ones that are that's already in existence at the community development department. Is that correct? >> Not with the exact titles, but yes. >> Yes. Okay. So then we're hiring one,
two, three, four, five. Now, if it was a division head Oh, you have you have one or you have the coordinator, economic coordinator is uh Miss Mosley, right? >> That would be her opportunity to apply for that position now. >> Oh, okay. So, nobody's filling these
seats yet. These are >> so again the BTR business development specialist, the ED program specialist, the housing and social services coordinator and the housing program specialist would be staff transferred from BTR and
reassigned. >> Was that included in the budget? >> Yes, >> it was included. So this 980 minus the 500,000 on all the all the um what is it you called them? Programs. Thank you. So pro minus 500.
So only 434,000 are are going towards salary. >> So during the finance exercise, it was stated because you all have to vote on this department to be established. Um the funds for said positions in
community development would stay there until it's time for them to transfer over. So what you see is reflective of what exists on economic development now which would also include the director and the admin assistant position. >> So the director you're saying that this
434,000 is inclusive of everybody in this organization chart. We don't need to do a budget amendment. Is that correct? >> You would not need to do a budget amendment. The funds would come from community development and transfer over into the new department >> for the for the positions that are
>> Oh. The funds will come from community development. So that means >> we voted it in the budget. >> I know we did, but we voted on it assuming that it was only going to be a division. >> I didn't vote on it assuming it was going to be a department. >> No. Well, >> because there's also an asterric on the budget. >> No, no, no. I meant because I mean when
we were going on the budget and I know you weren't here during that time. >> This was discussed. So yeah, it was discussed. >> Okay. So, I'm still I still have another question about this because um
>> I think that uh where was I? >> Okay, so we were talking about the the KPIs on this. >> So, you still don't know regardless of the study that we've already done, right? >> I mean, we have the two studies, the the strategic plan and then the economic
development strategic plan. Those give you identifiers. Um but what you really need is someone who has the focus on economic analysis that could sit and do that type of study um or provide that type of information. We do not have that right now. We have simple programs that
are being executed by one person. >> Okay. Um I still think that after this you're saying that the community development fund will be transferred over to economic development for those uh employees that are coming from BTR. That was the conversation with finance.
>> Okay. So, it will be increased. Is that I mean I I I just need to get that. >> You're not doing an additional budget amendment is the answer. >> All right. Fine. Okay. Great. Um the next thing is how is it not overlapping with what the CRA is doing?
>> Um thankfully you all are the body that also oversees the CRA. In this particular case, the CRA and economic development should work hand in hand and it should um be reflective of each other in a sense. The CRA does have different programs and different funding, a lot of
it um to implement different facade and other streetscape improvements. In this case, you are focusing at least in this year on workforce training programs um and a home rehab program. So, what you see in the department would be reflective of how you want to see it. Um
in this case it's a start it's to develop uh the initial department and then build from there. Um in this case it's it's not comparison with the CRA and what they're doing and it's there's no comparison yet. >> There's no comparison >> and and further the boundaries of the
CRA are only within a certain limit. Um >> I think most of the CRA boundaries are our commercial corridor on 163rd 167th. >> Yes. >> Right. It actually covers everything. The only thing that we don't have now would probably be the Biscane North and
South and um and Miami Gardens Drive, right? >> 163rd. There's a lot of >> No, 163rd goes all the way down. >> No, >> it also doesn't cover any of the homes. And you have a home rehabilitation program. this game is not even >> well I mean homes and economic
development I don't know how that is related because I don't see I don't see us having like a first-time home buyer program actually facilitating anything to do with economic development >> I I would beg to differ on that um >> I'm sorry I'm sorry I'm sorry I I don't
want to break your your training thought just so I can go on the vice mayor >> um please go on to the vice mayor I' I'd like to second later >> if if I if I decide to open it up but Um, Vice Mayor, you go. >> Okay. Thank you so much, Mr. Mayor. I
think anyone that votes against economic development is is voting against the interest of the city. So, I think it's it's clear that this is something that's needed. I I don't think that's something that we can refute. I think the key here is that the presentation, for example, and this is what I always say to all
departments, we deserve to see that. We deserve to know that. I voted against the budget for one of those reasons is this particular reason because we didn't get briefing. We didn't get briefings. This particular item, they could have been a presentation that you provided to all
the commissioners so that we don't have to squint and see. Oh, yeah. Okay. I can see that. Each of us should have had it to be able to review. I think that's that's a fair statement. but also with what Commissioner Sue was saying as it relates to the breakdown. These were
things that I've been asking for and I think that's the premise of of me harping on this that we deserve to see this stuff. We deserve to be able to read it and know it. We approved 500,000 for um a roofing program that that was
not yet um we didn't have all the funds together because of delayed POS and different things that were going on increase in in um in materials and so forth. >> Thanks definitely. >> Okay. So also remember the administration of that program we're always putting those two things together
which can be bifrocated meaning the financial part and the administrative of the program those are two different things when you look back at the arbor funds for example there were a lot of programs that we still don't know what happened to those programs that has nothing to do per se that has both to do
with finance and the administration of those programs I know none of us want to haren on that piece But the the programs still have to be administered. So if they're presented to us and then we say, "Oh man, 20 homes didn't get their roof."
Okay, we have to get $500,000 from the general fund to fix that. But what happened? What happened in that process? For me, that's the part because when a resident when it's raining season, hurricane season, that person is not able to get the roof because of delayed processes within the administration. and
you and I have had those conversations in the past. So I think that's the point that I wanted to make and I know everyone is like let's pass it, let's do it, let's do it. However, when residents come to us and saying what happened to this program, what happened to that program and we've had consultants work
on this. So it was not only Mercedes per se working on this. There were consultants helping this program being facilitated. So I think we we just have to have a clear transparent um conversation and saying okay look we may have dropped the ball here. It's okay to have that sort of accountability.
There's nothing wrong with that. But if you're going to put a department forth I think cuz all of us are responsible for the residents that come to us and say what happened or the businesses that are closing because grants or whatever else. I also wanted to highlight this point.
We're not an entitlement city. So when it comes to certain HUD funding etc you know how do we justify housing for example when we don't have a reoccurring fund that will help us facilitate more programs so longterm we don't what's the
grant GM G CMG whatever the grant is that helps with housing sometimes we don't qualify for that we would have to go through an MD to be able to get funds for a first-time homeowner program so I do think the transparency and the the accountability ility and the conversation is valid, is needed to be
had. I'm going to vote for it because right now there's no way that I can vote against economic development. But I wanted to highlight the fact that all of us should have gotten that report. All those things that you presented to us tonight, we should have been privy to that because we all want to champion it.
That's fair. But also, again, I'm going to be harpening on this every time I have the chance. ARPA that proves that we had programs for our residents that were not well administered outside the fiscal uh hang-ups that we've had. It was not administered properly. Okay. So,
if we if we follow that trend with this new department, we'll be in the same shortfall that we have been for the sake of our residents. I just want to say that may depending what happens in Tallahassee, we may not even need that BTR.
So that's it. >> Commissioner Flemont, >> thank you. Uh, Mr. Mayor, just just wanted to say that, um, you know, some of the concerns that were voiced here are are valid concerns. Um but I but I think that in in how we move forward with this department, we'll get to
address those. Um and and in addition, you know, um what I'm hearing consistently is if we can have the conversation before we come here, we wouldn't need to have the conversation here, right? And so I think that's very important, very valid because this is
this is game day for us, right? And so, um, you know, we we we want to be able to execute and move these meetings along, you know, very, you know, uh, effectively and as Commissioner John said, expeditiously. And so,
>> you know, um, more more communication is definitely needed. But what I will say is this and you already answered the question about um some of the studies that have been done uh relative to economic development and strategic planning and the beacon council and how
all of this incorporates you know FIU took a while did a study for us spoke to each and every one of us so that they can put this study together. the Beacon Council came here and we were very proud of the fact that we um uh were able to
put together an agreement with them to help us with our economic development. We have to see that through. We have to see it through, right? Um and so this is part of seeing that through. And so we have a lot of people who are on the economic development commission working
very hard. Um and and I'm seeing what's happening uh especially with the Beacon Council and their movement. And I I I can't wait for that to start happening here even more so through the um establishment of this of this department. And I'm glad you addressed
also how we're just shifting as it relates to positions that are being shifted into this economic development department. So I'm ready to I'm ready to call. >> Mr. Mr. Commissioner, I also wanted to add to your to your comments that we do have anou with the CRA. So we do get
funds for certain things that the city needs pertaining to theou. So there is a time between >> I but I and I'll add to that point because I want to go to commissioners um Smith. The CRA is very restrictive in what it does and I'm always reminded by uh M our CRA director Adam mode of how
targeted this RC has been and will continue to be to to be targeted. So it's not as as nimble as people might make it seem to be. It's not. It really isn't. We have a county commissioner that really wants to go after and destroy it. And we have a a state legislature that has that's always
gunning for it every every legislative session. So, we got to be very careful how we use the CRA. I know there's a lot it has a it has a lot of resources because we haven't been able to program it. It's because we have to be so sensitive in what we can and cannot do. Commissioner Smith, >> thank you. I'm going to read right from
the ordinance where it says the director of the Department of Housing and Economic Development shall administer the code of ordinances of the city of North Miami Beach supported by two divisions. One is housing and two is economic development.
The director The director shall have the authority to execute all discretionary acts allowed to promote and administer the economic development strategic plan, the home rehabilitation program, develop and
support comprehensive human services policies and plans, and act as an advocate and liaison for social needs and concerns of the city's population. Further, the director shall also oversee
the issuance of business tax receipts and promote programs, policies, and initiatives to support workhouse training and develop tourism, marketing and branding, small businesses and enter and tourship support business
attractions, retention and expansion, and identify partnership opportunities that stimulate economic growth. That's it. That's it in a nutshell shell. I had an opportunity to speak to somebody that worked for
city for 20 years. Amazing. Took it from a nothing to a to a destination that you have to get to. And you know what? Those are the kind of people if you put them at the head of this, you're going to see
what has sat dormant for years trying to put a person here, a person there, put open up a a committee, nobody shows up, nobody cares. If you have a real professional with all that experience, you're going to see a change. You're
going to see a vast change. And I want to tell you there were plenty of people that applied for manager that need to be involved 100% that need to be involved 100% with economic development our city. Not
everybody on thatund and something list can be the manager, but everybody had qualifications that were looking to change their positions and they're out there just waiting for us to grab them. So I'm just saying I read to you why we need economic development committee. I
read to you exactly what it's going to do and I tell you as every committee has things that during the term of the committee they change. Look what we had now with the committee for the special taxing district. Over time it'll change
and evolve for what we need. But this city needs it. and it needed it three, five, seven years ago. But one thing about government, if you get it started, something will happen. So, I'm hoping tonight it will pass and I'm hoping
we'll get it started. Thank you. >> Motion to approve. >> Second. >> Commissioner Florian, >> yes. >> Commissioner Smith, yes. Commissioner Smuckler, >> yes.
>> Commissioner Sue, >> no. >> Commissioner Shernoff, >> yes. >> Vice Mayor Jean, >> yes. >> Mayor Michael Joseph, >> yes. >> May I have a point of privilege, please, Mr. Mayor? >> We have a >> I know I I'll I'll make it brief.
>> No, Madam No. Commissioner Sue, can we go to the next item, please? Move to introduce 11.3 ordinance number 2025-13 first reading by title. >> Second
item 11.3 ordinance number 2025-13. This is first reading. Regulations for homebased businesses introduced by the community development director. An ordinance of the mayor and city commission of the city of North Miami
Beach, Florida, amending chapter 12 entitled local business tax receipts and regulations. Article 1, section 12-1.20 renamed Homebased Businesses, Chapter 24, entitled Zoning and Land Development. Article 2, Definitions.
Section 2421 24-21, Renamed Intent and Language. Section 24-22 definitions and article five zoning use districts section 24-41 residential single family-1
RS1 district section 24-42 residential single family-2 RS2 district section 24-43 residential single family-3 RS3 district section 24- um 44
residential single Single family-4 RS4 district section 24-44.1 residential single family- RS5 district section 24-44.2 two mobile home MH district section
24-45 residential duplex RD district section 24-47 residential multifamily-9 RM19 district section 24-48 residential
multifamily-3 RM23 district and section 24-49 residential multifamily-32RM32 district of the city's code of ordinance ES to ensure consistency with Florida statute 559.955
homebased businesses local government restrictions providing for findings of fact cotification conflict scriveners error severability and providing for an effective date first reading >> and this is first reading madam clerk >> by the community development director >> madam clerk can you open up the floor
for public comment >> good evening the floor is open for public comment if you wish to speak on this item please come forward Thank you. >> Good evening again everyone. My name is Mubarak Kazan. Mr. Mayor, especially for you.
They have a saying, be nice to the people on your way up because you'll meet them on your way down. Tonight I asked for an extra minute just to speak and I was denied that one minute.
But yet you allow the people from Eastern Shores to speak one hour. I just wanted to say happy Hanukkah to the Jewish community. Merry Christmas to the Christian community. Happy
Kowanza, happy new year because this is my last meeting for the year. That is all took less than a minute. this ordinance here that
city attorney read out. You could have allowed the gentleman to explain it first, but because of how you made up, you would not. As I said, be nice to the people on your
way up because you'll meet them on your way down. Now they're talking about um homebased businesses. What is this? Like baking, bread, pastries, making fireworks.
Um what are you going to be doing to protect the residential communities when they're have these homebased businesses be if it's an office or what? We do not know. But Mr. Mayor,
your time is coming up. Thank you. Thank you for having me. >> Any other speakers? >> None. Come forward. >> Public comment is now closed. Um, Mr. Director, >> good evening. Uh, Mr. Mayor and members
of the commission, staff. Uh this is uh uh the homebased business ordinance is uh uh an ordinance that has been created to be in compliance with the Florida statues. Florida statutes have been updated since 2021 and it defines uh
what are the rights property rights of a homeowner uh and what a homeowner can do in that property. And this uh ordinance basically recognizes that and provides for the proper administration of the businesses uh that are homebased. Uh the
chapter 12 of the local business tax receives article one in general and section 12120 occupational use of residences regulates the use of residential dwellings and residential zoning districts uh for uh business purposes. It requires
sorry it requires a business tax receipt uh clearance of any outstanding code violations and other provisions uh more restrictive than Florida statute. Chapter 24, zoning or land development
uh uh code. Basically uh guides the uses of properties uh of uh uh properties within those uh the zoning district and uh uh this uh ordinance aligns the uses with the business tax receipt uh purposes occupational use of residencies
and uh uh and now it is termed as a homebased business uh district. Article 5 uh zoning use district section 2441 through section 24-49. Uh all residential uses are covered under this uh district. So within the
all residential uh zoning districts the occupational use of residences is now referred to as homebased business listed as permitted use. Yeah. Chapter 12 uh the section 12-120
occupational use of residences has been renamed to homebased businesses. The revisions include establishing criteria consistent with Florida statues including employees, parking, appearance, signage uh remove restrictions not permissible under the current Florida statues and renumbering
the and reformatting the requirements uh for clarity. the the city ordinance and other proposed revisions for internal document uh clarity. Chapter 24 article 2 uh the language has been uh redefined to re uh
to include retitle section to intent and language intent statement has been added and clar uh clarify uh intent of words structure building and person. So that these are some of the language clearance clarifications have been provided add interchangeability of words like lot
parcel folio. So those uh are more consistent with the uh uh uh with the real estate and these and the zoning district languages and in add intent of words like city commission planning zoning board. So definitions have been
clarified in this uh revision. Uh chapter 24 article 5 uh defines section 24 uh-41 through section 24-49 uh which is all residential district standardizes the district's uh naming convention example old MH
>> let me just ask you a question okay um what is this replacing is this is this promoting more homebased businesses or not >> it's clarifying terminology that has been used interchangeably in various zoning districts It basically aligns the
uh the ordinances of the city with the state statutes. It clear clarifies definitions and it basically allows better administration of BTR and uh in consistent with the business practices that we have for non-residential districts. So, so the home
>> commissioner, the bottom line is the state legislature once again has sent down a bunch of regulations that are not designed to help us. That's designed to enforce what they want to see happen and we have no choice but to correct our
ordinance to align with the new state statute. That's really what >> basically talks about the property rights and and the and what the definition of property right. >> Make a motion to approve. >> I I'll second that. Um, >> thank you, director. >> Madame Clerk, can you do a roll call,
please? >> Commissioner Smith is off. Commissioner Smuckler, >> yes. >> Commissioner Sue, >> yes. >> Commissioner Shernoff, >> yes. >> Commissioner Florimmon, >> yes. >> Vice Mayor Jean, >> yes. >> Mayor Michael Joseph,
>> yes. >> Passes. >> Move to introduce 11.4, Four, ordinance number 2025-14, first reading. >> Commissioner, >> thank you so much. I don't know if the director wants to give us a nutshell of
what it's about. >> This is an ordinance of the workforce housing. >> There's a second, right? >> Yeah, second. >> A second. >> Force and hero housing. >> Excuse me. >> You want to apologize? And before when you read it um madam
clerk, can you open up um for um >> do I should I read it before? >> Yeah. Yeah, read it before. >> All right. Pardon me again, Mr. Item 11.4, ordinance number 2025-14,
first reading, creating workforce and hero housing program sponsored by Vice Mayor Danielle Jean. an ordinance of the mayor and city commission of the city of North Miami Beach, Florida, amending chapter 24, zoning and land development of the code of ordinances to create a
new article 21 entitled workforce and hero housing density bonus program, providing for legislative findings, providing for definitions, providing for criteria and development incentives
including fractional density calcul ulation for qualifying units providing for administration and compliance providing for codification contracts uh sorry conflicts scrier's error severability and an effective date first
reading and again sponsored by vice mayor madam clerk can you open up the floor for public comment please >> the floor is open for public comment if you wish to speak on this item please come forward Barakazan once again Mr. Mayor, the gentleman was
about to explain, but you with your mind and thinking, oh, go quickly. Don't take this explanation. Don't let the residents know the explanation. But what I see here with this
ordinance back in 2009 2010, a lot of buildings were foreclosed upon. Uh, a lot of it was underwater and the government had a program where they dropped the house prices to
like less than 20 25% of what it was before and they put these houses on the market. But the only people who could purchase these houses were I think they said emergency workers.
They're going to be like a house next to me was like $50,000, $53,000, but I can't buy it because I was not an emergency worker. But the police officers, the firefighters, and whomever they claimed
to be emergency workers, they could come and purchase the house. This is a discriminatory law. this here, this ordinance here where you're in this country, everybody's equal, but what you're making it out to be is like
certain um employment have better better privileges than others. This should be like for everybody, not just heroes. You know, the guy who goes into the sewer to clean
it, that that is a hero. that that that that is one of the very silent heroes. You don't hear about the guy who who climbs FPNL poles to fix the the electricity that can shock him and kill him. That is another hero. But I did not
see it in the fine writing here. This here to me is like a discriminatory ordinance that should not be singling out certain workers to be better than others. I could have bought a 50s something thousand house right next to
me but that didn't happen. That did not happen. That is because the government say that you don't discriminate against race, sex, religion, this that to but oh you can discriminate against employees and employment. That is not right. Thank
you very much for having me. >> Mr. Mayor, I'd like to make the point to the clerk that I was a yes vote on the businesses. Thank you. >> Well, no. Um, quote, um, Madame Clerk, thank you for that point of point of
point of personal privilege. Say, any more public speakers? Seeing none, public comment is not closed. Vice Mayor, >> thank you so much, Mr. Mayor. I did definitely want to highlight the point that the resident made. Um, we're piggybacking off of a state statute that's already in place. So, this is not
something that we're reinventing per se, just for clarity. And also, I did want to send a shout out to our police department. So, a a young lady that worked in the police department, Nikki. We were at the Miami Day County Fire Department. um they had a a job fair
here and housing obviously is is an opportunity for everyone to have and that everyone is not privy to that same opportunity but frontline workers even more who risk their lives on a daily basis for our country for our city often times they're marginalized because their
their financial situation also in addition to them putting their lives on the line does not usually equate what they bring home so in light of what the state of Florida already had in place I I believe that this legislation is in line with even helping us um acquire
more great talent that may want to come and work for the city when we have a shortfall of police officers, etc., but may not have the ability to get a home. So, we all want to be safe, right? And we also want people who who can work for a living and also have a place to live
within our city. And I think it's a noble cause for us to consider this. But again, this is bas basically piggybacking off of what um state law already has and thank you for our director for crafting it a little bit more to what we need here. >> All right, >> turn off.
>> Oh, sorry, Commissioner Sue. >> Okay. Um I just wanted to ask I the fractional calculations and all that. I'm just thinking about density and the zoning. Can you say more about that because I know that it's moving from 24
to to to 21. >> So this basically feeds off the fact that uh a building has a volume and a height and and within that height units are provided and and in the within the zoning
language the number of units is equal to density. Now by this legislation assigning this uh specific units proportionate density because they are for special purpose units. So for example a onebedroom would
be a 0.5 density unit. Uh a twobedroom would be 75 and a threebedroom would be one. So that means that within the same number of density cap that a a zoning uh regulation or regulation has approved,
you could add additional units to fit within that same density cap and within the same envelope and the same height. So nothing changes within the building but you you are adding more units for the purposes of uh the specific uh population that we are targeting. So
that's what it means. I guess the then my follow-up question is like what do we you know the most expensive thing about any development right now it seems is parking right everybody wants to reduce the amount of parking but you know with the density
that's increasing I want to make sure that we don't have that spillover that we do in Lazul right we have the spillover where people are fighting over parking nobody wants to drive upstairs and they just want to you know leave their cars around town there um that's something that I'm a little worried
about and and this is where that zoning thing that I mentioned or asking you is so which zone are we doing? I mean if it's in a high densities low density >> basically all mixeduse districts uh qualify for this and more importantly the purpose of the intent of this
ordinance is to reduce commute times. So it'll be closer to uh you know uh mobility centers and mobility uh locations the to and that those areas. So that's where these will be provided. So there'll be reduced need for
vehicular traffic as opposed to transit oriented traffic. So that's the is the location matters. >> Thank you. >> Smuckler. >> I think I should say this every time. Depending on what happens in Tallahassee, we may not be able to do
this. >> That's true. >> Right. That's true. >> So with the with the property tax Yeah. um with everything pretty much everything on this on on our agenda. Yeah. >> Yeah. All right, that's it. Thank you, >> Commissioner Flormont.
>> Uh and no, I'm in support of this. Um and you know, we we definitely to what uh Commissioner Smuckler is saying, have to continue to fight in Tallahassee and all of us be uh home rule heroes because there there's a lot of work to be done.
>> Well, she's the one that does a nomination. She's so does it now. >> So, um, you know, I know that a couple of weeks ago we had a few of our colleagues, um, Commissioner Smuckler and Commissioner Sue and I'm not sure um, >> you guys went to the day delegation >> and you know, so we we're we're
constantly up there and we kind of we have to remind Tallahassee that there's work to be done locally. So, and support. Thank you, >> Commissioner Smith. >> Okay. I um have a few questions. I'll make it quick. What are we doing about the parking with extra units? What are you doing? Are you increasing the
requirements? >> No, we're not increasing any requirements. It'll be still the overall the same requirement. The emphasis is on commute and uh transit oriented dog. >> Yeah, but there is no commute. There is no commute. We don't know where >> the locations of toods will be closer to
a train station or a transit station. >> But that's going to be the requirement. It's not in the ordinance. Is the requirement going to be in order to qualify for a workforce property, you have to be near transit? >> No, it'll it'll be discussed in the in
the pre-application process and that's when we will uh define that. But the location of the projects will be within mixed use and uh near transit oriented development. >> Mr. Attorney, can we make that a requirement of this that in order to qualify for workhorse and hero housing
program that it will be near transient because they're not going to increase the parking and yet they're increasing a lot of units. >> I'm a little >> Mr. Attorney before you me you speak to that point. Does this ordinance negate what we have currently for the parking?
>> I'm going to rely in part on the community development. It basically aderes to the uh aderes to the current parking uh requirements and because of the density cap it >> threebedroom is going to come to a onebedroom and a onebedroom only requires one parking whereas a
threebedroom in some instance cars three parking. So if it aderes it's still going to be short. They're not going to have one car in a threebedroom. >> The the the fact is that again um I'd want to confer not only with Mr.
Ahmed, but also I need to look at that this is a state statute >> and our ability to say, "Oh, well, we'll take the state statute, but we're going to take it the way we feel like taking it is frankly rather limited. If we want
to take advantage of this, um, it it may well be the case that we have to take the part we like and the part we are not as crazy about together to be able to to utilize this. So, I I I can't really
>> It It is It is first reading, by the way. It's first reading. >> It is. I wanted to bring it up at first reading so we can see if there's a resolve. >> May I offer a clarification? And I I want >> May I offer a clarification? I want to thank the committee and the clerk for
giving me the minutes. There was one person that voted against this on the board. And when I contacted them, there were several reasons. One of them being that parking and it made sense to question it. The second reason was the community development is going to be the
one that's going to oversee and make sure that the people qualify. What people don't understand the advantage of having your workforce in your city to have your police
officers next to you to have your nurses and your and your teachers where they don't have to have a long hour wait in traffic is an advantage to both the public servant and also to the city.
But community services overlooking it, they feel that in two years that'll fizzle out and people will stop checking identifications. Well, we have no right up here to vote
on what could happen in two years. >> I mean, we're all of our programs could be not handled correctly and not be by the right person in a year, two years, six months, 10 month years, who knows? or they could be handled correctly.
>> They well hopefully they are >> hopefully uh but but I think the issue of the parking is a very sincere issue and for the second reading I'd like some answers on that please >> Mr. I will confer.
>> Okay. Can I make a quick >> Yes. Go ahead. >> So basically the parking is based on residential unit size. Right. So if it's a threebedroom there's there's a parking standard. For a twobedroom there's a parking standard. So all those standards will be met within that uh development
because it starts from the planning stage. So it's just because the unit sizes have changed doesn't mean we can't provide parking from them because the the parking is provided by the unit size. Threebedroom has a standard, two-bedroom as a standard and so thank you for thank you for even though
they're considered as a onebedroom. >> A one-bedroom unit would get a get the parking assigned because the parking regulations do not affect the housing type. It's the parking regulations are based on the units provided and the developer has to then provide the parking accordingly. So the parking will
be provided at the design stage that will be addressed as part of the pre-application and the application process. So I don't think we're going to compromise on the uh the design standards. We are going to simply enhance the number of units that will be there. Instead of having three
bedroomedroom uh 15 units, there may be 10 three-bedroom units and more twobedroom and onebedroom units. So we >> the park the parking numbers won't change. That that's basically what you're saying. So, um, >> I have a I have a motion and a second. Madam clerk, please do do a roll call.
>> Commissioner Smuckler, >> yes. >> Commissioner Sue, >> yes. >> Commissioner Shernoff, >> yes. >> Commissioner Flory, >> yes. >> Commissioner Smith, >> yes. >> Vice Mayor Jean, >> yes. >> Mayor Michael Joseph, >> yes. >> It passes. >> Next item is resolution. Move to the
>> And thank you to our police department for always taking care of us. >> Sorry. 2025 202. >> I was just saying thank you to the police department for always taking care of us and we would love to have them living in North Miami Beach. >> Yes,
>> that's it. We only have one officer living in North Miami Beach. >> Well, we had I don't know if he still does, but we need more >> 100%. >> There's a motion and >> yes, motion to introduce and second. >> Second. Okay. Item 11.5, resolution number R2025-202,
adopting fee schedule for solid waste violations sponsored by the interim public works director resolution the mayor and city commission of the city of North Miami Beach, Florida establishing public works fee schedule for solid waste violations providing for administration and compliance providing for codification conflicts driven errors
severability and an effective date uh first uh no I'm sorry it's a resolution sponsored by inter public works Good evening, mayor, commission. Um, Ken Mckenry, interim director of public works. This one is a a long time coming.
Um, this is in alignment with the beautifification program goals to really uh put some um strategic effort behind uh beautifying our city. Um, about a year ago, we've begun some robust um modifications and integrated some work
order systems to really collect some data. We've been working handinand with coastal um our fiscal year 25 and 26 budget realigned um our org structure and our beautifification as well as our be our beautifification as well as our solid waste team. Um and we beefed up
the operation a little bit and so we've captured information and we are now requesting to do a little bit of benchmarking across um some neighboring municipalities that we want to be like. um their beautifification programs um are are among some of the best. Um so we
benchmarked city of Coral Gables, we've benchmarked city of West Palm Beach. Um and we are looking to adopt a solid waste fee schedule. >> Thank you. Okay. Um do I have a motion or do I have a Oh, >> I have a question. >> Go ahead, Mr. C.
In regards to the bulk trash that we're having the problem with right now, which is when it's too big that they don't they take some of it and they leave the rest and then we have to call to have them pick it up
and we cite the person. We have to have a formula that allows a neighbor that never does it and puts it out one time and it's above the ordinance not be cited because they never put it
out. They don't do it every month. They do it once a year. They put out something, you know, cut their trees or whatever. We have to have some way of of rectifying that because what we're doing is we're catching them in situations
where they put out too much and half of it's left and we don't know how long it's left there for until somebody complains and then the city has to call Coastal and Coastal come out and recharge us or whatever. You know, there's extra charges, but we've got to
rectify that somehow is is what we need to look at. So putting structure and putting a um a a a fee schedule behind it actually introduces that type of a structure, right? Um the ordinance does has limitation as to how wide uh a pile a
bulky yard pile can be. Um it almost forces them to to to meet standard and put it out at the interim. Um early outs or late setouts, they're they're fines. They're they're violations for those things and it it almost forces
conformity. Um, and that's what we're attempting to do here. Um, the TPUs are very, very costly to the city. Um, and so that translates in five years, 1.7 million to the city. So, as we pick up these TPUs, um, and this is just one of
the violation types. There's many, many of the violation types, right? This is actual cost of what it's costing the city of North Miami Beach just for that one violation across five years. It's very impactful. Um, we could repurpose that money for many, many other efforts. um we don't have regula regulatory um
regulations. We don't have uh fee schedules. Those are the type of things that happen. I put it out when I want to. I you know I put whatever size I want to. Um and this forces to put it out every month and to ensure that it's within the parameters of what the city ordinance dictates.
>> I understand what you're saying off because of the issues we have in the Sur West and Sky Lake area. >> Yeah. Because you're right, not everybody does it and some of them just wait and they sometime they overfill it because they think that's the size and that the education
has to be done. >> That's absolutely right. >> It's the education part of it. >> The education is very very important. >> So, but I understand what you're saying. They shouldn't be like, you know, if that >> Well, well, if if if if we educate them that they're going to be fined and everybody knows that they're going to be fined if it's over, then they're going
to be smart enough to put half of it in their neighbor >> and so on and so forth. >> No, no, no. No, that's happen. No, no, no, it happens. It happens. I I I get in my block. >> I'm I'm not saying it's wrong because the neighbor doesn't put it out, so they have another pile that they can put it
in and then they s, you know, share it. And I know we don't like that, but listen, it's a service that we offer and they don't take it up on it, so why not? >> So, so we we want to we definitely are not introducing this because um we want to find everyone. That's definitely not it. Um I I definitely agree the
education part is really the a very good key. We talked about having door hangers, town hall meetings. So, um, we've been working with our communication team. There's definitely going to be an ability to kind of push this through. Um, however, we do have other situations, right? People having businesses and just dumping in our alleyways and we're picking up the cost
because they don't want their business to pick up the cost. Um, there's other there's other issues, outlying issues that we really want to make sure we bring in. Yeah. >> Do we have anything for for viol violations or one-time offenders based on what Commissioner Chernoff is saying?
Is there a warning? Um absolutely there's warning systems and um maybe first time offenders or something like that people who may >> to his point you know there's that once a year thing >> pre-trial ter pre-trial defer >> in reality
>> but also I wanted to know since you me the mayor mentioned the education part can we make that as part of this approval when are you going to start this educational campaign >> well as soon as this is a a go as soon as it's a go we are definitely wanting to do it with more education and more
door hangers and more in person. Um so the it's going to take a cross functional approach to really, you know, help the residents. Um and then obviously this will hone in on the ones that just doesn't want to do it. >> But but also the problem with the Okay,
you put in a flyer that you're allowed two tons. That person that homeowner doesn't know what two tons is. They have no idea. >> No, no, not tonnage. It's actually dimensions dimensions. Yes. >> Just an example. >> Yes. >> Yeah. So again, we have a certain size
and they don't know what that is. >> That's true. I mean >> motion to approve. >> Second. >> Well, Commission Commissioner Sue, you can close off, please. >> Thank you so much. Okay. Um
this is just I'm just asking about you know we have coastal that had we had just approved for them to an ordinance right there's some uncollected fine fees do we have any of that what is our balance have we been collecting well everything is going well
>> oh for for the uh the previous agenda item that we just approved that was specific to uh commercial dumpster accounts correct >> so what is our residential >> I'm Sorry. >> What is our residential like? Do we have any balances? Everything is collected.
It's 100%. >> Uh I' I'd have to get back with you in terms of what that number looks like and where we stand at that point. Yes, that that's that wasn't an agenda item, so I'm not prepared to. Got it. >> But I can definitely follow up with that and and uh give you a bill of bill of account for this fiscal year.
>> The reason why I asked that is because like I'm I'm wondering if you know I know the increase in fees is long overdue. Um, I just wanted to check in and see if like we have any issues where residents are not able to afford, you know, could not afford this and are not
paying or are not paying them. >> We can look we can look into that. I don't I don't believe residential trash um that's in their water bill. So, I that's I don't believe we're having an issue there as much as we're seeing the impact of the arars of of non-paying accounts on the business on the uh
commercial dumpster side. Gotcha. Okay. >> Um but whatever that number is, I I'll make sure that I get it to you. Thank you so much. >> I have a motion and a second. All in favor say I. I. >> Passes unanimously. Now I'm going to do a motion for all the appointments for one swath. Mr. City attorney, can you
make that motion for me, please? >> Yes, sir. The appointment the motion would be uh to a motion to approve appointments listed under >> section 13 >> being 13.1 13.2 13.3.4
13.5 13.6 6 13.7 13.8 13.9 13.10 and 13.11. >> Right. >> Approve. >> Second. >> All in favor say I. >> I. >> Passes. Next we go to discussion items.
15.1. Commissioner Sue. >> Um, come on. >> Um, yes. Um discussion item 15.1 U. Commissioner Sue. >> Thank you, Mr. Mayor. So, again, I want to stress again about fiscal responsibility. I think that this um you
know, the issue of this is that we're utilizing uh the general CIP fund of uh 450,000 to um for the that was approved for traffic calming. I think we heard about issues that
residents are having with accidents. Things are, you know, going on. I know this is not in this location, but I just wanted to bring up that like by doing this, we are potentially postponing all the traffic calming to 2027. What meanwhile, what we're doing right
now is we are, you know, taking care of the 164 drainage improvement. So, um I think that uh if we were going to do this with the CIP, I think it should be structured better in terms of finances. We can I'm not against doing the
drainage for Northeast 164th, just to be clear. Um I just wanted to make sure that the interfund loan is done correctly so that we are financially transparent and being responsible with all of our our expenditures.
So that's a >> it's just removing the traffic calming in Eastern Shores, not in the rest of the city. >> Correct. Yes. >> Okay. >> Yeah. So it's only removing the traffic calming that's going to happen in Eastern Shores and that's a CIP fund
that was created for it. But now um so we're using the CIP to fund the storm water infrastructure, right? And then later you'll see in item 15.2 two and 15.3 then the storm water is being used for something else. So I just wanted to
make sure that um I don't know if uh if my my I I had a you know I had a second look at this. I had a third look at this. I've asked the manager I've asked the uh CFO and I really want to ask your opinion about this. Right. I think that
the situation that we're in right now and I mean and I know the our mayor had mentioned it like we have we have things going on with the county that has to do with spending money from different pockets right where there's a search charge that we need in the general fund
and so on so forth and I'm not going to go into that but I think we all understand and this is just a second look for us to write the ship so basically it's like if the funds are being used a certain pay they are loaned out with prepay with
payment agreements and so on so forth so that we're making sure that everything is being done responsibly and it's clear um right now it's just we're comingling this fund and that fund putting this together and that together and I see that uh this can be problematic for us
and it could be used against us. So, with that said, like there's, you know, obviously another one where we're using storm water to fix the door, which is a public works facility issue. Um, I know that public works is also taking care of storm water. So, then we have that right
to to fix the yes center door. There's no clearcut in terms of um well, when we So, Mr. manager, I wanted to, you know, we we were on the phone and we you and I we spoke about this and you said that
the general fund is funding storm water and therefore the general fund can use storm water money. Now I went into >> just for clarification I I said that the um >> the fund that we were using the CIP fund for storm water
>> uh was being funded by the general fund and not the storm water fund was just specific to the uh the CIP uh funding was general fund for the storm water master plan. It's being funded from the general fund not from storm water. >> Okay.
>> So I was I wasn't saying stormwater fund in general. I was saying specific to that CIP um project. >> Can you repeat that again? So, the storm water master plan funding >> is being funded,
>> the 300 thou whatever that number was >> was being funded out of the general fund um CIP. Um and that was and then we talked about, oh, you can't use storm water and I said it's not storm water funding. It
was is general fund dollars being used to fund a storm water master plan. >> Okay. All right. So, so what happened to the storm water fund that we collect through our water bill?
>> Oh, I can answer that. I'd like to first clarify uh the first point. So, um manager is absolutely right. Um you approved in fiscal year 25 300,000 uh you in fiscal year 26 to uh to fund the
storm water master plan update. >> Yes. >> With uh fund 399 general fund. >> Yes. uh the actuals came in a little bit lower. Um what we ask is to um for 164th is to repurpose the funds that are just
sitting and in a holding pattern for um Eastern Shores traffic calming. That project is in design by the time it makes it through permitting. Um the funds are just sitting there. Um we will not be entering construction until the next fiscal year. So, it only makes sense that if we have an emergency
situation and it's not uncommon in many municipalities to re-evaluate your capital program, priorities will shift. Um, there are new um discoveries throughout the year. Um, as we do our condition assessments, we find different sense of urgency for different projects
and to really dynamically just re-evaluate the portfolio and say we're going to shift this project to a higher priority because it needs it at this point. Um so it is very important to say that everything that you voted on last commission meeting no capital projects
stalled or stopped at all. 168th and 171st the reallocations were from CIP projects that had u when we kicked off those projects we had reserve funds and what we asked is that you reserve those funds for a uh discovery of an emergency
situation on 168th and 171st. Um, so in no way, shape or form did any CIP project in a portfolio stop um or get or got unfunded. Okay. I just wanted to be clear and put that on the record. Yeah. >> Thank you. Thank you. So that's the action, right? The action of what the funds do.
>> Um I think my concern is about the funds itself. So when a fund which is a 399 that you mentioned, right, CIP, right? A general fund CIP. Um this one is we we have we have a resolution that that governs this which is 2023 108 that was
before my time but basically using that restricted utility you know there's once it goes into the CIP CIP is the only fund that you can carry over year overyear right and we didn't have that before 2023 108 then when we had once we
did that now if the funds are able to be carried and then now we're using it and then therefore the funds that we want to carry up further because we have already submitted our budget is going to be compromised right it's bringing the amount down hang on hang on just let
hear me out so what I'm asking right I'm asking is is it possible for us to do a loan from CIP right to fix this sliding door of 20 thou 21,000 and then
eventually when public works does whatever they do can pay back this amount back to CIP such that we're not reducing the funds that could be rolled over. Everything else cannot be rolled over. The CIP could >> Okay. I Okay. I think I I think I
understand now where your confusion is. I I think what you're indicating is that the 164th, 168th, and 171st project are operating expense project or maintenance projects. That is not a true statement.
they are capital projects. So we asked according to the resolution states that the funds would carry forward um for these projects which means we would not not lose the funds so we can keep trackability of where we spend the dollars. It also states we come to the commission um when we need to
recalibrate right um and the recalibration occurs among capital projects. So the projects that we came to you for reallocation last month are all capital projects. So, in no way, shape or form did we one use storm water
operating expense funds um to fund um a non-storm water project. So, we went we we we 100% asked for reallocation of a capital project, capital project, and it was from a general fund source. It was not a storm water operating fund source.
So, I hope that kind of clears it clears it up for you. Um they're they're capital projects. They were not operating expense projects. We have a half a million dollar expense. We have a lot of work to do on >> Which one are you talking about? 164th or 168? >> Oh, we have no clue what we're about to hit on 168 171st. Until we get the
CCTVs. Yeah, >> that's going to be a >> Yeah. Yeah. >> So, it's been a long time. It's been a long time since >> once we get the CC Well, it's been 17 years since we went underground and changed the pipe. So, I I don't think it's going to be that bad. Um, we we we have been doing a lot of work and a lot
of >> looking at a lot of drawing CAD files. Um, it's been about 17 years, so we we have no idea what we're about to see, but based on the pictures, it it could be some work. Yeah. >> Okay. Um, now, so I I still don't think that uh
now I I guess I'd have to ask the CFO this question. Um, can you help me? Can you help explain this? Because I'm seeing this as a CIP fund could be allocated for use. Right
now, she's saying that um the 164th, 168th, and 171, all of this is a um is a capital project. Okay. Now, I understand that there's part of this that is uh storm water also. So, 164 definitely is
a storm water, right? And it should be using storm water funds. >> If your storm water can't support it, your general fund supports it. It's a capital project. >> Right. That's what I was wondering like um if you know if we have the the amount of money because >> you don't have it. Your storm water
cannot support this this magnitude of a project um your which is why we're going through a storm water rate study right now. Right. You're you're in a deficit. I mean you had a hard time last year um you know balancing the budget. this year was >> I think by nightmare where there's
already an amount of um whatever what I don't know what the unit is called but basically they charge you >> um I think $56 per household of whatever size depending on you know what flow and all that other stuff is there is a state
statute that governs this and and controls that amount. So that storm water fund that we are collecting in our water bill is actually that times three roughly. So everybody pays about $15 every month into their water bill. And
that's why I'm asking like where did that fund go and why is it that the general fund is funding that? You you see what I'm saying? >> Oh no, I I can definitely help share that with you. Um so we have how many uh drain structures? We have about 4,500 in the city. >> 3,800. >> 3,800. We have 3,800 drain structures
that have to be inspected. um they have to be maintained, they have to be repaired. Um as we so that's where your storm water and you have labor that has to go into that, right? Um you have um mild operational repairs that that have to that has to go into that. Um so
that's your operating expense. And what I'm saying is the revenue that you bring in from that doesn't even cover the operating expense, which is why you're going >> what the revenue is though, right? I know I know that there's a lot of expenditures. Mr. Mayor, >> what you just said? You just said something.
>> No, but I mean the total we collect $15 per household, but I mean I don't know what >> Oh, if you want what the total is. Yeah, I don't have the budget with me, but I can definitely share the budget. That's something very easy to do. It's it's your cap got whatever that revenue is. >> If I looked at the budget correctly, I think it's $6.6 million,
>> I think. >> Uh I I was looking at the budget, but I'm not sure. I mean, Mr. for CFO. Maybe you can help me. >> So, Commissioner, so you said you looked at the budget and you saw $6 billion in what fund >> for storm water? >> I can only like >> so account number 400. >> I mean, if you want a breakdown of it, I
can put a memo together for you. I mean, there's a lot that goes from that storm water budget and I can tell you right now a large percentage of it goes some of it goes uh back to the general fund. >> So, what I'm saying is this is the >> some goes to the IT support, IT services, some goes so it's it's the the the budget is broken down in many
different line items. Um, Madam Director, I mean, you said it yourself that we have neglected storm water for 17 years. >> I did not say we neglected storm water for 17 years. That's not what I said. >> Just the last the last major capital improvement project that occurred on
168th and 171st was about 17 years ago for our storm drainage. PVC pipes can last 40 years. So, what I'm saying is that's what that's for the record. That's what I stated. >> I see. Okay. So, you only meant that street. Okay, I got it. Well, well, that's what the agenda item is for. So,
I'm sticking to the agenda item. >> Yes. >> So, 17 years it hasn't been maintained. >> I did not say haven't been maintained. The last capital projects we're talking about capital infrastructure projects when we've gone underground replaced pipes. >> Okay.
>> Okay. Can we move on? >> Next item 15.2 commission. >> Yes. again. So this >> So basically what I'm trying to say to you to >> No, that was this yesterday. >> She >> Yes, I alluded to that a little bit because I >> So So now we're in
>> again. Now we're using storm water capital for real, right? >> Are we So are we waiting, hang on, hang on. Are we in 15.3 or 15.2, Commissioner Sue? >> 15.2. Uh to be clear, this is what we just we just spoke about that this is general
fund dollars that was funding the storm water uh master plan that uh we budgeted for about $300,000. It came back a lot less $115,000 and now we're asking for a piece of that to be repurp reured for the a new CIP
project with general fund for the yes center doors. Did I get that right, Caroline? >> Correct. Okay. So, you're using the study, right? It's not This is not account number 400. You're saying that this is a 399. >> This is fund 399 general fund.
>> Okay. Got it. So, then there's nothing wrong. >> All right. Fine. All right. Next, next question. All right. 9.9. Here's the hot topic. Um, so this is about um spending. This is the also the storm water master
plan money left over. >> What's 9.9? That's 9.9. What is it? >> 9.9 is the repaving of 168 171st. >> Oh, you mean 15.3? >> Yes. 15.3. >> Okay. >> So, for 168th and 171st, it's not just
repaving. >> So, for for Are you asking for where the funds are coming from? So, we are not we are not unfunding any capital projects for that. Yeah. >> So, in the actual memo, um I believe I gave a breakdown on the second page and I will for the record state what that
was, which projects. Um so, we asked for 163,000 to come um out of the 300K that was reserved for the storm water master plan from the general fund. Um we asked for 40,000 to come
from the police garage study. Um there was 75,000 allocated for that. the actual cost for the study came back at 35,000. So, we asked that the reserve um that the 40,000 remaining balance at that general fund go towards um assisting that. And then bus shelter
installation, there was about 200,000 that was allocated for that. And if you recall a couple months ago, I came and I asked if we could move forward with bus installations. We actually we were done with the proof of concept study. I mean on 163 and 8. So, please visit it and let us know how you like it. There's 50k
there. We would like to use that 50k. So, we're asking for the 163, the 40, and the 50k because we've already kicked off those three CIP efforts. We're trying to move without a CIP program manager. We're trying to keep the wheels um the car the vehicle still still moving. And so, these we already know that we have some available funds there
and we're asking can we immediately not have to wait and repurpose it towards an emergency situation that is currently happening. And >> that's the Eastern Shores, our city >> one that's in question. >> That's the one. >> So, are we still um through the through the mayor? Are we still um actively
looking at the legal portion of the contractors? Are we still We didn't get an update there with um >> city attorney. We're talking about >> attorney. >> We're talking about the legal. >> Want me to repeat back verbatim what the vice mayor said and then what you said?
Commissioner, just because I'm not staring at you doesn't mean I'm not listening. >> No, I get it. I get it. But because this is a such an important element, >> I'm happy to comment if that would be >> Yes, Mr. Attorney, if you can. >> Thank you. Um, we did some substantial
investigation into this matter. Um, I happen to like Mr. Lamberto. I don't always agree with him, but I did agree with some of his remarks on this matter when he spoke earlier. The work that was done, as far
as we can determine, was just a resurfacing and they weren't engaged to smooth out every issue that might exist. Um, I understand that there is a very strong
belief on the part of some people who live on that street that the situation is drastically different from what it was before the work was done. But as Mr. Lombberto said, like I said, I like the gentleman. don't always agree with them,
but our understanding is the work that was done was one inch was removed from the underlying roaded and then on top of that there was a new uh
asphalt repaving. one inch is unlikely typically to cause that kind of what's being reported is a pretty severe problem. Um I've inquired of multiple
people in the city to try to find support for litigation. Um we don't bring cases that are not meritorious. Uh not just because it's not good for the city or our reputation, but I have an ethical obligation. and I
will not bring a case that I think is is meritless. That would violate my oath. Um, but we haven't reached a final conclusion. We've had some inquiries, I think specifically from the interim public works director who is quite diligent.
>> Did you read the report? >> Pardon? >> Did you read the report? >> Yes, ma'am. Um, and there was some indication, at least in one report, that there were some pre-existing problems there, but again,
I don't necessarily accept that as definitive. Most recently, I think in the last I'd say in the last 10 days, maybe it's a couple of weeks, I've indicated to the manager's office that we would like to convene a meeting with
everyone from various departments because there's, you know, more than a few irons in the fire here where we can all sit in the room, look at each other, look at the reports, get interpretations. I'm certainly not a
traffic engineer by any stretch and see if there is a basis for litigation where we could successfully establish that the problems that are there are due
to the work of this contract. >> So you're saying that it's worse because God said let's make it worse. >> No ma'am I'm not saying that. >> So you're saying God so no. So why explain to me as an attorney? Explain to
me why not just my house because this is not about my street as Mr. Mr. Misinformation, you know. Okay. And I have pictures. >> Yes, ma'am. It's hundreds of people. >> Mr. Lombberto has gotten to the Excuse me. I'm not hold on. I just want to say
something. >> I have to say this for your benefit. >> Okay. Say it. Let me say for the record that there have been very ridiculous and unsupported charges that you might have some conflict of interest because you live on the street. And I want to say
clearly for the record, you have no conflict. Hundreds of well, you know that I'm saying it for the benefit of the public. >> Hundreds of people live on that street. You do not have any >> special benefit by a street be paved. And the record should be clear. Excuse
me for >> interrupting. I know that. I also want to say that, you know, Mr. Lombberto keeps on coming by my house and taking pictures. You talk about stalkers, right? Because this is what he's doing. You know, Sergeant-at-Arms, you know, maybe I should have one because he keeps
on going by my house taking pictures of my house. So, um um this is not about my house. There was never a puddle there before. There was never I have a pictures that I've I've shown him whenever I've shown you when when you're
sitting next to me at times. I've sent them I've sent them to um I've sent them to staff. There's pictures of flooding that never happened before. And no, it's not King Tides. King Tides is over. It's
not King Tides. King Tides doesn't last forever. Now, it has rained less this year. And guess what? It's flooding more than before. And my street was done twice, by the way. My street was done
twice because the first time it was done wrong. So was the second time because I don't think they compounded it enough. It wasn't hot enough. But um I I'd like to ask the our interim public works. >> Can I say one last thing, Commissioner? >> I want to be very clear for the record.
I don't question what you're saying. It's absolutely not a matter of of thinking that you're not correct or you're not observing right or anything like that. But when we bring a case, I have to judge what the evidence I can
present in court. I could put you on the stand to say this problem has gotten much worse. >> But we would need more than that in my opinion to win. I'd need professional reports from engineers and some
reasonable explanation of how the work that was done was specifically responsible >> for what seems to be from your reporting a worsening of the situation. And if I
can find support for that and I haven't I want to be clear on the record. I haven't given up that possibility, but I have to be armed with evidence that's admissible in court and that will be
convincing in order to bring an action. Otherwise, it's not only a waste of money paying us to bring the action, but we do have possibly. >> So, you know what? We shouldn't have paid it in the first place because there was emails coming for for weeks and and
months. People were sending emails, sending me emails, sending the city emails, sending me emails that I would forward saying there's flooding, there's flooding, there's flooding. Okay, not just me, many people. We should never have paid this. This should never have
been paid. You don't pay something if it's broken. >> You pay it. Commissioner, we I I appreciate what you're saying, but >> there has to in order we would be sued if we failed to pay and we would >> Well, you know what? Sue me.
>> If if something is broken, I'm not going to pay for it. If you're going to sue me, please take me to court so I can show you that it's broken. You know what? It's been paid. It's it's it's over and done with. I'd like to ask um if through the manager may >> last thing commissioner just
>> we always take the position as we did when we were talking on some of the issues with eastern shores where they were talking about a for instance a study on that uh Texas Oklahoma whatever it is Louisiana >> um one of those states that if there is
a problem that the city does have a responsibility to address problems whether there is a cause action or somebody else can be held responsible. >> I want to hear address problems. We always recommend that >> through the manager through the manager. I would like
>> No, wait. Before we go, before >> Commissioner Smith was >> Oh, okay. >> had had a thought. So, please, >> here's my question about this. >> You know, sometimes we vote on things and then we find out a lot of information after. I did speak to the
attorney because are we going to be able to recap the money? And if we're not going to be able to recap the money, then the city spending the money to do the street. But my question is, having pictures been
sent to me, the staff knows about one of the residents who has dirty rocks. She has dirty rocks on 171st Street. She's a marvelous woman, has cancer.
I can go on and on about her, but 171st Street on West Dixie Highway is closed when it rains. She can't come up to her street and get out of her car and go in her house. Her dirty rocks come from people that when they do go through the
flood, all the dirt goes on her rocks. We have people on 174th Street that have to wear boots to their to their knees. My question is, having talked to the attorney about the possibility of recapping the money, about recognizing
that there's so much else that's very bad, even though that's bad, having spoken to the next door neighbor that lives next door that thinks it's absolutely not needed and it doesn't need to be paved. Having done this research, my question is, should we do
this now this year out of the budget or should we postpone this and do some really severe needs this year with the rain and then not forget it, but come back to that because
after you do the research, you find out even though you voted, you find out that there's priorities that may be taking a bigger importance where people literally can't go into their home. And so that was my
question about this. >> Take out my garbage because where I put my >> Okay, but your next door neighbor can. So it's a ying and she she actually said on the app that she's having flooding, too. So she may have told you one thing, but this week >> but but here's the question. no matter
even though it needs to be done and nobody's nobody's disputing that. >> The question is does it need to be done now and use the funds instead of some of the the severe things that people have written about to us after they have seen
this go through. So I I listen may Ray Marin may he rest in peace. You couldn't go home ever, ever, ever without going through a flood in front of his house. It was always a fl I'm talking flood. I'm not talking that puddles got deeper.
>> I'm not talking there's water. And I've seen all the pictures and I've seen the emails. I've seen everything. My question is, do we as a body think that there's other priorities this year and then the following year? Because until we find
out do we have a case and until we find out do we have a case to have a chance to recap the money then this is strictly money that's coming out of our coffers. So okay if it has to be it has to be but does it happen when we have a shortage in the reserves? Does it happen when
there's so many needs? When we see a doctor who keeps telling you how successful he is and how grateful he is for his success come before you and ask you to fix potholes instead. Do we take that into consideration? That's my question. Not that it shouldn't be done,
Commissioner. Not that we're not supportive, >> but should it be done now when so many people >> there's never a time to do it because I mean there's there's people with grave needs. >> I want I wanted to chime into the conversation, Mr. Mayor. There's always people with grave needs and there's
always people that need that need more than we have, but there there's never going to be a time to do it. I don't want it done. I don't want it to come. I want I want the contractor to be held responsible for this. >> But why don't we find that out when they meet? They're all
>> because our attorney seems to think that we shouldn't do it. And I think >> Well, that was the first direction he gave me. >> That that I don't know why this was paid. I want to know who paid it, by the way. >> Well, that's another question that we should maybe wait.
>> You know, why was this paid? >> Why was the contractor paid? I want to know why the contractor paid. >> Okay. So, so my thing is this, right? If you can get that information to >> to our commissioner, that'd be great. >> I still wanted to to speak through the manager's permission. I wanted to ask
Carlen a few questions. >> So, so we can like move to the next item. So, please come forward. >> I would like to move to the next item. Um, >> no, no, no. We're going to go we're going to have >> No, I'm saying if you want to move. So, um, did the contractor and of what
you've seen, did the contractor reinstate it to the original elevations or >> So, we did, uh, we, uh, completed a survey. Um, we received the results of that survey on Monday. Um, we did publish a report to the commission and to the city manager's office. So, no,
they did not. Um, so we compared this survey with the survey prior to them doing the actual um, did the actual job. So the elevations are completely different. So no, they did not. >> Okay, Mr. Attorney, >> what does that mean? Does that mean
>> that means that >> the meeting that I asked for >> where these are going to be presented and we can study what evidence there is? I mean, Commissioner, I got to just say to you, I know a lot of things
>> that I can't prove in court, even though I know them. This is about proving it. Now if there is that's why we haven't said there is not a case here as paid when so many people were complaining >> for a meeting
>> okay go on >> with our professional staff >> where they can present evidence that would support a case if we bring it in court if we go to the next subject that will support that then we will certainly
look on to the next subject And can I just say something real fast, Commissioner? If this isn't about you, >> could the rest of us talk? >> If this isn't about you, >> No, it's just that he just >> I mean, I just want to say that I understand, >> you know, you do. I understand
>> that there is a problem and I understand it needs a remedy, but I also understand since that vote, how many people came out of the city to tell me about their potholes, to tell me about their broken sidewalks, to tell me about their floods
>> in their streets? And I'm just questioning, should we spend the money this year? Should we know that it's coming and know that we're going to do it? But should we take that money and utilize it for people that have severe
>> problems? Hang hang on, hang on. Look, look, look. This is It's getting It's getting late. We They're going to have a meeting. Let's move Let's move forward. There's
other items on this agenda, please. >> I need to make my point, Mr. >> You have a point of personal privilege, please. So, we can move on to the next item. >> Thank you so much for recognizing me. I want to say this this is all how this was framed initially when it was brought to us. It was an emergency. It was that
the the contractor did something wrong and that we needed to we there was a lot of blaming and the departments were not coming together to really to do what should have been done which I had made a mention to are we doing have we workshopped this within the departments
right was there you know you guys were pointing blame at between the departments versus trying to get together and really remedy the situation u commissioner Smith's point is valid as far as the priorities and the transparency that Commissioner Sue is
talking about with the funding. So even if we decide as a board to fund something, we should there should still be transparency and processes as it relates to how the money is being found to remedy the issue. So you guys so for
example um the director just made clear that the different line items of where money was found and so forth and so on. But those are the things that we're looking for as a commission because we want to be transparent in the way things are being resolved. So these things cannot just be swept under the rug and say, "Oh, no, no, no, now." Because
there was a lot of u fingerpointing, a lot of blaming, a lot of musling through and now we're at this point. So we all have to take responsibility for where we are now. >> Okay. Thank you so very much. We are >> I'm I'm supposed to get to reconsider my vote. So I would like to revote my
restate my reconsideration. >> I think it was too long ago. Now, if there was going to be a change, the ma the attorney would have to draw up a different >> Yeah. >> Oh, no. I mean, it's just a reconsideration of the vote that had been made last time that >> last time. It was two months ago.
>> Uh, next item. >> Hold on. No, it wasn't two months ago. It was last month. >> That correct? It was two months ago. >> It was two months ago. >> No, it was last month. >> Repayment for once. That was two That was like two meetings ago. >> No, it was last month. I can You could look it up. So, so let's >> So, my point is that I need to
reconsider. >> Let's just say let's just say that it it wasn't. So, let's just do that. Let's do that. Is do are you making a motion? >> I motion. >> Do you have a Okay. Now, do you have a second? >> I'm sorry. >> No, no, she wants to >> to reconsider the our vote on this even
though I think technically >> which item. Yes. Clarify which which of the items? >> Number uh 15 um >> one, two, and three. >> No. >> No. >> Oh my god. We're on 15.4. We're We're on 15.3. That's what we're on. So on 15.3,
right? Even though we we we voted on this several meetings ago >> or whatever. >> I >> No, >> I just want to make sure. >> U M Mr. Mayor, um if I may, >> um Commissioner Linsu is asking for a reconsideration on a particular vote,
right? I want to make sure that if it happens to be that she gets her um wish on the re on revoting on something that we don't come back and say, "Oh, it was 2 3 months ago and then the vote doesn't count." Can we clarity on whether or not
this >> Okay. Okay. Really quick, >> ACM, can you tell me? >> Just want to confirm Commissioner Sue is correct. It was at the November 17th meeting. Um 9.7 resolution number 2025-16. >> That's a That's a repavement one. Yes.
>> Okay. So, she has a motion. Does she have a second >> to >> reconsider? Yeah. >> I'll give her a second. >> Thank you. >> Okay. Now, we have had a discussion on this issue. Now, what we've had a discussion on this issue. Now, is someone wants to call a vote on that?
>> Well, I want to hear >> just to clarify for the record, my understanding is the item passed on consent. >> Yes. >> And I believe that Commissioner Sue was present. So, she did vote. She voted for she she she voted for on consent. >> I could not verify what meeting it was,
but that's been done by the manager. >> It was the last meeting. >> Um, so I want to reconsider. >> Wait, wait, question. I want to clarify. Who has that? >> It's in the agenda. >> And you voted for the consent item?
>> Yeah, I voted for all of them. >> The yes center item was on there. The repaving was on there. >> That was a consent. >> Yeah, that's different. >> Wait, wait, wait. Hang on, hang on, hang on. No, hang on. >> Whether it was pulled from >> No, no, no, no, no. I remember that meeting. I remember that meeting. Let me
be very clear. This I wish the clerk was here. She is here. I'm >> Where is she? >> No, no, she's here. She's here. But what I'm saying is that during that meeting, there was a lot of bifurcation on that on that particular agenda. And from my understanding, I don't think you voted
for the approved like cons. under >> on the consent. >> All right. >> I I appreciate that. Um I I don't think it's about what what we thought happened or what we thought didn't happen. I I think we need to be very clear. If we
don't know, we we don't know. So, >> no, I just want to I want to know I want to know what on the consent item that she's trying to revote on, right? Does she have the ability to bring it forward if she was on a prevailing side and if she did vote on the affirmative? I don't think that's the case. You're saying
that it is, but I'm I'm remembering how we bifurcated everything. I don't think you voted for the consent agenda the way it was placed. But what we can do, what we can do is very simple. I think the attorney provided guidance so that we can respond to what Commissioner Sue is
asking and we can also take into consideration everything that was said this evening. We can actually vote to have this conversation when they're concluded with their meeting to get all the details for us. Right. >> No, I thought that's what we're doing.
That's what I would like to do. >> I'd like to do that. >> I send my second. >> No, no, you don't have to. >> Okay. Go. So, can I Okay. So, she resends her. This is what I thought we were doing is that we're going to you're gonna we're the vote has carried forward
or whatever, right? We've we what we're trying to do is to have this meeting moving as you as you mentioned, right? To get a additional additional clarity. That's what I thought we were going to do and we're moving the agenda along. >> Has the work started already?
>> No, work hasn't started, but Carlen Vice Mayor the >> a piece of the work has started which was the survey. >> The other two parts, the CCTV and then the repaving has not started. When was that received the survey? >> Uh Monday and early t
>> and early Tuesday morning I sent the report the survey and a memo. >> Okay. But that it was so I mean it was received yesterday. I have to tell you I haven't >> No, I I understand that. So, that being said, I rather try to move >> I'd rather try to move to have that to
have more cons uh for you guys to have that meeting and then um um and I guess clear up all these issues in regards to what we how we move forward and possibly recapturing some of this money if not. But we've you know, I just want us to move on and that's what I thought we were agreeing to do. And
>> but on the other hand, you need to allow her to have her ability to >> correct. And I was about to bring that up because um >> if we move it along >> because it'll be another month, right? So I I I think that's I think that's important. Um uh Commissioner Turnoff, important point. So how do we how do we
uh put that together, Mr. Attorney? Because >> if if she's able if if Commissioner Sue is able to even do it because like I said, I really thought the way that we we we framed the consent agenda last time. >> Well, she rescended her second.
>> No, she rescended her second. >> Last time. Last time. >> That's a bifurcate. I don't think I don't think you voted on the on the on the consent agenda itself. You didn't I don't think you voted on affirmative. >> I I think I voted no on the Wait, hold on. I voted no on the accepting the
changes, >> but I voted yes on everything else. >> I don't think >> on the whole thing. >> I don't think that's >> Well, I mean, we could look it up right now. We haven't >> We can always Mr. Mr. Mr. Attorney through the mayor through the mayor. Mr. Attorneyactly >> whether it's a month or two months or
three months. Can a resolution be amended? >> No. >> Yes. >> It's not a yes or no answer. I'm sorry, Commissioner. >> Okay. Let me say to bring a motion for reconsideration >> there basically two things.
>> You have to have voted >> in favor of it or you cannot bring the motion. That's what I'm saying. I don't >> And it has to be at the same meeting or the next regular meeting. Those two things are necessary for a motion for
reconsideration. Now, a motion to amend something you did previously depends on a lot of circumstances. There is a theory, for instance, called >> But Joe, >> yes, sir. >> All we're asking is that if we ask to
things to be looked at, can we give her the ability to next meeting resend her vote if she wants or reconsider her vote if she wants? >> I I her vote >> her vote is not going to make it. >> No, no, no. What's what what I think what's being asked is that okay this is what I think
>> it's not emotional no no it's so so we're what we agree upon is that the meeting would happen and that it will come back to us to reconsider voting on this issue as a collective like meaning that it can we undo >> I wish I could say yes to that >> I'm trying to No I'm trying to I'm trying to find a a balance between what
commissioner Sue is trying to do or she would like to do at the same time taking the the considerations of my other colleagues saying like they want to have this meeting move forward in regards to what we discussed. That's the part I'm trying to jive. How do you make that happen?
>> A motion for reconsideration is very strictly >> determined. You can't just instead of a motion for reconsideration that an extra month went on. Would you legally prepare something that would
change what that what was voted on >> that that we can undo that that resolution based on a on a subsequent resolution outside of a reconsideration >> answer that yes or no I would do so I promise okay >> but it's not so simple there are legal
theories like promisory stoppple if commissioner Smuckler said well that work hasn't started yet a month from Now that might not be true. >> So technically I guess it has started because they did the survey. I'm not sure if that's considered started or not. >> Survey is already done.
>> It's three components of the project. The survey, the CCTV, and then the repaving. So one component is complete, the the topical survey. The other two have not yet begun. >> So the CCTV tells us the condition of the assets underground. So, if we're
going to spend this much money to repave with what we've discovered in 164th, just want to dot our eyes across our tees to make sure that the underground infrastructure is in a pretty decent condition before we go ahead and repave. >> Who got the contract if they've
commenced in some fashion, and I don't know, I haven't seen this survey. It's yesterday or this morning when it was sent. um they might have a right to come after us and say, "Hey, you awarded this contract and we've taken action based on it. You can't just change your mind
without paying us down." >> No, no. Okay. So, >> nobody's saying we're changing our mind. We're saying one person may change their mind. >> That's if that's what's being asked, that's a very different question. >> No, no. That that that's the question that's being asked, right? That the question is being asked is that
Commissioner Sue wants to reconsider she >> her her prevailing. She wants she wants to do that. >> Mayor, I can answer that. >> Okay. >> If the commission wants to take a vote that says that it would like to grant
Commissioner Sue the right to record that she wishes to retroactively change her vote. You can vote to do that and grant her that right. I I hesitate
to comment on the legal effect of it, but if if Commissioner Sue wants to do that as a statement of her own intent, I think the commission has the right to vote to do that. And again, I reserve as
to what legal effect, if any, that may have. It may have none. But if the commissioner wishes to be recorded as having changed her mind on the issue and saying that she wants to be recorded, no, I think a motion to that effect that
doesn't affect the contract or won't get us sued. I think that's in order. Yes, I >> Mr. Attorney Mr. Attorney through the mayor. I I and I and Commissioner Sue, >> that's not what she's trying to >> based on what I'm hearing. That's not what she's trying to do.
>> No, no, no. Right now. Okay. She she's trying to say that No, wait. She's trying to say that she wants the the commission to reconsider the vote on this particular item. That's >> what >> I understand that. However, however, right? However, so just so we can
understand how we got here, Commissioner Smith um initially second her motion. After discussion, she pulled it, but she wants to continue on with that motion. Right? So, we're going to do this again, right? I understand that I want us to have this meeting or whatever. She wants to undo the entire process to begin
with. I still want us to have this meeting. That being said, she wants us to like reconsider this vote to where we're back to go. Right. So, Commission, >> City Attorney, I have to ask you because this is very important. Even if you
waited until the meeting is over, if a contract has been signed and we don't follow through, >> please calm down. Please commit. If a contract, it's not your right. Go ahead, Commissioner Smith. If contract has been signed and we don't follow through it, we're going to have litigation against
us. That's a possibility. >> It's certainly a possibility. I can't swear it'll happen. It depends on the fact. So, let's >> Commissioner Smith, it's >> See if she gets a second. See if she gets a second. That being said, >> um I Let me Can I May I explain this to
my colleagues, please? I I want to tell you that I had voted yes on the whole entire consent agenda in the last meeting. I'm pulling these three particular items because I feel that they're not fiscally responsible. Okay.
And the last item in 15.3 that you see or 9.9 in the last meeting, that is because I feel that even the engineering company who's sitting here sees, if I'm reading that report correctly, there are more issues to deal with in 168 and
171st that it would be a waste of money for us to go ahead and repave that, just to tear it up again. and fix anything that we need to fix. Now, I I'm not an engineer, so I am just saying that in my opinion, like I don't I don't think we need to. >> Okay, ju just for clarification. Yes.
Okay. So, before there's any repaving on 168 171, they're going to do CCTV and see what's happening with the drains. So, there won't be any repaving that will happen. If something comes back and says, "Whoa, we have a big problem here." then we would come back to you and say, "Hey, we got a big problem here
and we're going to need XYZ." So there's no just repaving um without uh the results from the steps, the survey number one, the CCT number two, then the repaving. But if something comes back with the CCTV, then we'll be back here
with you with that with that uh situation. >> Okay, that's great. just because I happen to have had a client in that business years ago. Sometimes when there is a drain problem because there's something that's wrong in the drain, there are ways to fix it that don't involve tearing up the street and
pulling up the drains themselves. There are other kinds of technologies that can be used to address the problem without requiring a repayment. So, so my my point about the reconsideration of the vote, just to get back to that, um I don't want to go into
the details of this, but just for the these three bills, I would like to >> Thank you. >> Yes, sir. >> Sue, this is where we are. You understand what the engineers just say. Do you still want to move forward with
this motion for reconsideration? >> Yes. >> Okay. We're going to we're going to follow this process. Does Commissioner Sue have a second for the motion for reconsideration? >> Second. >> All right. She has a motion and a second. All in favor say I. >> I. >> I. >> All oppose. Oppose. Opposed.
>> Opposed. >> Opposed because I want to see them meet that. It fails with findings. >> Next item. Next item, please. >> Okay. Thank you. Um, wait. Can we two as well? I just wanted to vote my no in there.
Commission, >> it will take two minutes. >> No, you didn't ask for that. Commissioner, >> it says reconsideration. >> We went through the entire agenda. >> Commissioner Sue, >> we bled from one topic to the next. >> Commissioner Sue, with all due respect, that's how you went through the No. Next
item, please, Madam Clerk. >> Okay. Um, so last meeting we're going to um the we were discussing the the following dates for interviews. I spoke with the man I spoke with the manager. We're looking at December 7th at the 6th >> and January
>> sorry January 7th and the 8th um to have those interviews. He's going to schedule it with the with with the applicants that have >> what days? >> The seventh and the eighth. Those two days >> for for us >> to have those to the sixth or the seventh or the seventh and the eth?
>> Seventh or seventh and the eighth. Seventh and the eth. >> Hold on. Okay. >> The eighth is the monastery gala. >> Is it? And and both of you being honored the isn't the mon >> is in the monastery gala eighth. >> Yes. >> Okay. And both of them are being honored.
>> That's why that's why I just wanted to clarify >> these two and my >> six and seven. >> Six and seven. And then we'll decide on the manager on the commission the commission meeting um on the 20th. >> Next we are there is um >> can I get a vote?
>> All in favor say I. I. Six and seven or six or seven. >> Six and seven. >> Okay. Thank you. Night time. >> Not 67. >> Night time. >> Not 67. Not 67. >> City. >> Hi. Wait a minute. I have a question on this. >> Uh has everybody has everybody to the
human resource director. Has everybody responded in reference to having their background check? >> Come on. Come on, Jake. Um um HR director, please. Please. We're trying to Jake. I know. Mayor, while he's coming up, the clerk asks me who made
that last motion and I did. >> I did and I seconded it. >> Well, no, somebody made it. >> I I made it. >> I made it. >> You can't. >> He made it. I >> Oh, yeah. I second it. I >> And the mayor second and then the vote was I thought think unanimous. >> Yes. >> Six and seven for interview. And then we have the decision on the 20th.
>> All right. >> Joe, HR director seven. >> 67. Yes. Yes. >> Six. You have to say six. He doesn't know why. Okay. Just >> background checks. Have Have they all been turned? >> The the background checks are are not yet completed, sir, but um
um would anticipate that we're able to complete this uh by then. Absolutely. >> Thank you so much. >> What's the We have a What's the next item, Madam Clerk? Task force. Yes. >> City Mr. City Attorney. >> Yes. Now we're going to the task force.
Yeah. >> The the commissioner Smith asked me to give an opinion about that. And I don't know if there's a better time for me to do that than this. >> Commissioner Smith, if you still want that. >> I want two reports from you. >> Well, that's one of the two is the item
that's now coming before us. 15.6, >> which is what? >> Task. >> The task. >> Okay. Thank you. >> I definitely want an explanation for the public. >> Okay. The commission voted to have a task force established
To be clear, the task force >> is a creature of the commission. The commission voted to do that. It voted to
have consideration of items related to our water, the water plant related items. My understanding of that was that it was directly related to the fact that we
managed somehow to secure a veto of the legislation that passed. We had presentations at several meetings of the day county commission at uh committee at
full commission and something that passed city is voted to commence litigation. We're probably pretty close hoping to get that filed this week frankly. Um could it slip to Monday? It's possible
but it's very close to being done. Um, and we want to be sure because as was pointed out earlier, if the city does not speak with one voice on that issue, it is absolutely something that can and
will be used against us. We've already had at least two near misses with it. One may have been at least a partial hit, but at least one other near miss that I was involved with. And that said, um, it is, in my view,
>> it is a rule >> that's going to be in there >> established by the commission as to items to come before it to allow for some time and some consideration. It is as if the commission voted to say that
no commissioner can have more than two discussion items at a meeting. You could do that. You haven't. I'm not suggesting it, but it would be a rule that is established by the city commission. You could have um a rule that limits how
many times people can speak. You don't, in my opinion, have the right to say that a commissioner may not ever speak on an item. That's why people have the right to pull things from consent if they find that necessary. But you could
have a rule that says everybody only gets to speak once or everybody only gets five minutes or any other kind of rule. You're not you use Robert's rules as a backup, but you have the right to pass your own
rules as long as they are not inconsistent with law. and having a rule that says we want to be sure that everything gets looked at by this appointed task force. The task force is not superior to the city
commission. Be clear on that. Only the city commission voting for it makes that a rule. Nobody could just say, "I'm appointing a task force and commission has to do what the task force." You can't do that. But the city commission has the right to vote for what is
essentially a rule that governs the presentation of items. I find it entirely appropriate. That's not to say I recommend it. That's not my place. But I the suggestion was to be sure that we spoke with a voice
and that there was time to consider this because it is a very important item. It has large financial implications and we're entering into a difficult process of litigation. Um, I understand it. I believe it to be legal. It is something
that the commission is doing that the commission is doing to be sure that we don't run off in some direction without having some prior thought and analysis that takes place to make sure that we're
not talking out of both sides of our mouth. What power does that task force? >> Uh um so so there's the memo that talks about the task force itself >> and then there's a there's there's um legislation
>> as well. Okay. So I I can you clarify um the memo that talks about what you just said which is the task force that is there to um maybe respond to county issues or respond to state issues and make sure that everyone is speaking in
one voice versus the resolution that um provides certain authority to the task force that may be duplicating effort. Can you can you comment on that? >> The the memo speaks I think for itself. that we tried to like somebody said, "Why is there a comms person on it?" Because well, we always hear that we're
not communicating well. So, the attempt was >> But but Joe um um Mr. Attorney, what I want clarity on specifically Yes. >> is >> the legislation. >> The legislation versus the memo because the memo is very precise and concise. Correct. The legislation expands certain
authority that I want to make sure is not being duplicated. legislation simply says that before a matter can be presented for vote at the commission meeting that there needs to be a little
30-day cooling off period. In fact, the task force is scheduled to meet >> this Thursday at 2:30 p.m. >> and the the legislation simply says that it needs items like that need to go to the
task force and >> and to the city attorney. >> And having said that, that is not to that is not seeking approval from the task force. >> Correct. >> It is to give the task force enough time to respond to any questions and those types. Is that what >> comments?
you know, attempt to coordinate and work if necessary with staff and with any commissioner who has a concern and if necessary try to, you know, make sure all hearts and minds are clear. But it is only in the nature of a cooling off
period. If the task force voted no, that doesn't mean that the item cannot come to the city commission because the city commission is the boss. Now, it also has to come to me. I can say for the record
that I'm not going to try to kill something whether or not the task force is for it. However, if the item presented is not legal, as I do on every single item that comes before you, I
have to sign off and approve it as legally sufficient. And if something comes, I mean, I I ask them to be amended all the time, but always to find a way to make it legally sufficient so you can vote on it. But if something
came to me and I said, "That is flat illegal. you can't do that. I'm not going to hesitate to say that. And there have been times, as you all know, that I've insisted that something come back because I think the way it was done was not legal. That's very rare, but it's
not never. And I do not ever intend to exercise that authority to do anything but to find a way to make something legal because I'm not here to tell you what to do. I'm just occasionally I have to say you cannot do something
>> and um as it as it relates to um emergency items because that's also a concern. If um if there is an emergency item that's needed by our water department, water utility that needs to come on the agenda right away. How do we
how do we um deal with that? >> Well, that's very simple. the rule about having to go to the task force and then being reviewed by the attorney. Frankly, the part about being reviewed by the attorney is
superfluous. It all has to be reviewed by me regardless, but it's it's in there for clarity so no one's surprised. It's a rule of you. It's really I don't want to get into it, but it's kind of like the other thing Commissioner Smith
wants me to report on. when you adopted a rule, it's just your rule. You can change your rule because it's your rule. If it's something mandated by law, you can't. But if it's just your own rule,
you know, if if there's some emergency and something comes in front of you and the manager and or the DCM or the ACM, water department director, if it's whatever, says, "This is an emergency. we need to do this right now. Well, I
guess the commission could say no because you're violating that rule we adopted, but I I assure you, you also have the right to say, well, that rule was meant to apply for just routine stuff. This is an emergency. We need to
do this tonight. That's your privilege. It's your rule. >> No, I'm done. I I I think Commissioner Smith I just piggyback off of what you were asking but um she really was the one that had them >> I just I just have two comments. Number
one, everything the task force does do we as a commissioner get to know do they can they >> Yeah, of course. When >> I is is that meeting open to the public? >> It's a meeting of a body of this city. Yes. There is no s let me say to be
precise there are like two circumstances when you can have an executive session labor negotiations and pending litigation. Okay. Now if it was an executive session that's not of a task force. An executive
session would be a session among the members of the commission. So there is no scenario that I can think of that that task force having a meeting is not completely open to the public. >> The public feels that this task force
has power and has power over the commission. >> No ma'am. >> And I want that on the record. >> Yes, ma'am. On the record. I >> there is no authority of a task force over the city commission
that created it. >> Yes, it does. Mr. Attorney, I wanted to to chime in and interrupt if I can, Commissioner Smith, because I know there were there were um asked for reports from the task force, but who who's on the I don't even know who's on the task
who's on the task force. >> And who appointed them? appoint mayor >> and presented to you the names of who's on that >> who's on the task force for the record. Who's on the task force? >> Can we read out who's on task force real quick? >> I'd like to know where this was
recorded. I mean for us to see or for us to know about was it in the back issued memo. >> There was a memo issued when the of the creation of the task force and who was on it. I saw the memo and I approved the memo. Is this meeting is is the task force taking minutes on its meetings or
or no? >> Had a meeting since the a recent meeting there was like an initial one. I presume everybody every by body I don't mean everyone. I mean every entity that's a public entity has to take minutes.
>> So here's a here's the thing and I and I think this is this is the mayor's thought. >> This is very sensitive information, right? you don't want you don't want to jeopardize anything. I think this is something that we all have to understand. In that same breath, um I've
asked for briefings and I've never gotten them about where we are where we are on the legislation that that the county pass where we no one really knows what's happening. And if you guys feel like this is the best way to preserve what we we're trying to do, our end
goal, so be it. But please don't say that it's as transparent >> cuz we don't wait. To your to your point to to your point, Vice Mayor, look, >> this is a very sensitive issue.
>> I don't take this the city's position lightly because I know who's on the other side and what's what that group or that person is willing to do to upend us and to take advantage of us and to destroy us. He's made that very clear.
This ain't this is not about ego. This is not about a power grab. This is about protecting and circling the wagons. >> And I'm just and I just want to be careful in that. And I think the staff wants to be careful in that. And it's and people saying, "Oh, I want to know. I want to know." I'm not saying we're
not we're not purposely trying to not be transparent, but we also have to be like cognizant of the fact of people are going to take whatever information they can to hurt us. They took a clip from someone on the PUC
pretty much saying that we were doing illegal stuff, use that clip in front of a county commission that said that looks perfectly. Yeah, they look like they're robbing their own people. That's not it's you got to understand your point and to your point when you
say we when you say we it's like you're excluding the the commission. So, >> oh my that's >> you just said that you said we so what I'm saying is the task force not I understand the sensitivity I understand the gravity of the situation but what I am saying is if the body doesn't know
what direction if all of us on here can't understand the sensitivity and the confidentiality of the moment then we shouldn't be sitting up here with that being said the fact that all of us are in the dark Mr. Mayor, we understand you're an attorney and I respect the fact that you can give the attorney more
legal guidance based on your experience, but what I'm also saying is there are certain key players that should be part of the task force. Crisis management is not the same as just regular communication. Do we have the people who need to be on this task force on the task force? >> Vice Mayor, just say to you, and I'm
sorry to interrupt you. I apologize for that, but I I it needs to be said. I want to be 100% clear that there was a lot of thought as to making sure that different elements in the city in the
staff because it is a staff task force >> the staff is green >> the huh okay if I may finish please though the fact is the staff is never
ever the boss of the commission and all the other considerations we've talked about of confidentiality and sensitivity and all that. None of those change the law. The law is that every
entity has to meet in public uh when it's a a a body. Okay? Now, that doesn't mean every time two staff members talk to each other that that's subject to sunshine. This has been appointed as a body. It can only have its meetings in
public. Minutes must be taken and it has absolutely no control over the city commission because those are requirements of law and we have no ability or intention of
changing any of that. There are some considerations that may be consistent with that, but the law is the law. And to Commissioner Smith's point, so there's no confusion. The task force is
not the boss of the city commission. Has no power over the city commission. It has no authority. It has only what the city commission gave it >> to try to review stuff. And the city commission is the authority and the
ultimate decision maker. And that task force is just basically to have a little cooling off. >> The task force needs to be dissolved. >> It needs to be dissolved for the simple fact that if you're saying that sensitivity and it still has to be open meetings where notes are taken.
Technically, that still opens us up to whatever powers are out there to know what our plays are. So for me, dissolve it. It's what's the >> I motioned to dissolve it. >> Sorry, I didn't hear the it. >> It's counterproductive. So if you're saying that >> to me and that I didn't hear >> No, what I'm saying is if it has to be
public also, if you have to have minutes, then it technically counteracts what we're trying to do as it relates to what we're doing. >> Exactly. >> I can't change the law. There's no way around that. That's the fact the law governs >> and everything on the task force that
they are reviewing. We also get to know what they can't review something and throw it out and it never comes before us. >> They can't throw anything out. >> I'm asking >> period. No, ma'am. Nothing can be thrown out by it. It doesn't have that authority. You didn't give it that
authority and it has no authority other than what you gave it. It is a creature of the commission voted by the commission subordinate to the commission. >> Mr. Attorney, >> in the nature, frankly, it's not
exactly, but it is in the nature of an advisory board that reviews some issues and reports back to the commission. It does not have authority anymore than any of your advisory boards have authority. >> Mr. attorney. What happened was I was
submitting something to you. This is to be on the October agenda. This task force was created in September. I created a I made a request for you to put in a legislation item and asked you if we can put that on. You
said to me over the phone that you said staff made you reminded you that I cannot propose anything without going through the task force. >> Now as of today as of today no task
force meeting has been scheduled to review my items now and and >> we were have a meeting scheduled on Thursday. You said you will have a Thursday, but that but but as for my agenda item that was supposed to be on the agenda in October and as of now,
which is December 16, has not been heard. So that is more than 30 days of a cooling off period. So I want to rem remind commissioners and my colleagues that it is not section one that is the problem to me when I'm reading section
two. any review requirement for and this is the law um review requirement for agenda items related to NMB water any proposed agenda item pertaining to NMB water including but not limited to matters involving water rates billing
practices service contracts capital improvement projects or policy changes shall be submitted to both the task force on water charges and the city attorney's office for view no less than 30 days prior to being scheduled for
placement on the meeting on a meeting or workshop agenda. Now I want to add to that that not only are we being bottlenecked by that when you say that we as a body absolutely as a body we cannot stop any legislative items to go
on the agenda but us individually will have a problem because the ma the group of us we have already approved this task force and therefore must abide by it but if us individually wants to do something I assert that we won't be able to And
let me point out to you, Commissioner, that based on what you read, it is carefully drafted. Please note, it does not say review and approval. >> It simply says review. But if we if we
want to have something on the agenda or if we want they review it that task force reviews it and they find it should not >> it still comes >> then the purpose of the task find it should not it says for review. It is not
for approval. The task force does not have that authority. Bye Jay. >> I do I do I do have a question. Madam city attorney, this is >> what I want. >> Yes. Let me >> I need to have the names because like I
need to have the names of every person on the task force which includes the police chief, includes a lot of people on there. >> I want the I want that to be listed out. um the minutes. I know Teresa's u memo. >> Yeah, I understand that. But I don't
think they're saying that they don't even know who's on there and and if the and I'm trying to and I'm trying to and I'm trying to get some type of >> It was sent to all the commission. >> Okay. He Okay. >> Okay. >> So, you've never s So, you've never seen the memo before?
>> No, I never did either. >> Okay. Okay. So, but I'm I'm just and also this is what I but the other the other question the other issue the what I would also like to ask to be done is that the task force that group which includes the CFO which includes the city
manager that group have update briefings which each one of the colleagues each one of my colleagues explain basically so we won't break sunshine and tell them basically what's going on. I think that's sufficient enough. I just think that we need to to contain what gets out
or how or or not being on the same page, not what gets out. I'm I'm I want us to be on the same one band basically. >> Yeah. >> Mr. I I I think there's I think there's definitely value to the task force and value to everyone being on the same page,
>> but what's what's what's important to what Commissioner Sue is saying is that the task force not be used as a way to slow anything down or be given be given authority that they that they really don't have because you use the word >> the review,
>> right? But um >> uh Mr. Attorney used the word vote. you you know this task force doesn't have I think you said >> they say yes and it comes >> right so when you say when you say yay or nay as a task force that's just from you know from just an advisory
>> it's an advisory body it has no authority >> right so I just want to make sure that's clear and also that if someone does submit something within 30 days that it actually >> you know it says no less >> no less than 30 days I'm sorry that it actually gets the attention that it deserves so >> I like that you know here's the Only
thing too, the people on this list, individuals on this list, professionals on this list, how many of them have experience with dealing with water and water issues, that's the other what was the criteria? I understand like for example, having someone from each
division that represents a different specialty, but we're this is like you said, this is a very serious issue. None of the people on here have experience. >> A lot of directors on there. >> Well, he is the exception. >> No, no, no. He's the ex he is he would
be the exception. The rest of these individuals probably do not have experience dealing with litigation for a water plant. >> No, no, no. To be clear, that's why I want No, because our outside council is a part of that. Our outside council is a part of that and that's why I want I
would ask you to have a meeting with call a meeting of the task force. >> So, you know, >> let me answer you by saying that there the attempt was to cover any
division of the city that had any relation to these water issues that and to the litigation. It was intended to be brought. Not every person on there is a
water expert, but you know, we put on the DCM, we put on the ACM. They have supervisory responsibilities. I'm not staring at it, so I can't tell you for sure. Everybody else calm stuck in my mind because somebody questioned it, but
it wasn't intended to be a panel of water experts. >> No, I'm not saying that it is, but most of our advisory boards usually yield that the people have some sort of experience. I understand from a legal perspective, right? That >> nevertheless, Mr. Mayor, I understand
the point that you're trying to do as it relates to the city. >> No, no, but we're not brief. We're not >> Well, no. I'm I'm asking for that briefing, but also I I was looking forward to that PUC. I'm a PUC liaison. Been in PUC I think longer than anyone that's on that's been on this commission. I started off with PUC. No,
no, I want to exp I I want to I want to explain my my history behind this. So, I'm not I'm not saying that um that the knowledge I've gotten cannot be like garnered by any one of y'all, right? I understand that as as a body
um and as individual commissioners or indiv individual members or whatever we do play a role how sensitive this has been how how I've seen our advisory bro boards been used to our detriment and
will be included in whatever defense will be presented when our lawsuit when it's actually filed. I I'm very I'm ultra sensitive to that. This is like I said, I I think you guys should be able to be briefed by this uh by by this task force. I don't I nothing's keeping you
guys from doing that. You know who the members are. At the same time, I've seen people that are nuanced, but um Whoa, what the hell? All right. I've seen people that even on the PUC that don't have the particular
background but have this aspect that I should know everything and if I don't know anything I'm just going to hurt it or try to like destroy it. That's basically what I've been getting from certain members on at least one member on there that feels that he's an expert on everything.
To me that puts us in a position where we're putting someone's own ego at the detriment of the city's overall goal. >> Mr. Mr. Mayor. Um, Mr. Mayor, and uh, you know, I I think when it comes to the
water utility and what's been going on over the past several years, everyone is sensitive to how important this is and and and how sensitive of a matter this is. And so because of that, I think that we should value everyone's contribution,
whether they're on this commission, whether they're on the PUC, we should value everyone's contribution, but also with these subject matters, as you as you have uh clearly pointed out, it's so super sensitive. I think we need to land the plane. Everyone should get their
briefing >> and the points that were made by each commissioner are very valid points. I think that um the attorney is clear and we're going to see whether or not that's what's really happening because if a commissioner can have an item that still
hasn't been seen by this um advisory or task force, then that's an issue that needs to be that needs to be um resolved. >> All right. First of all, we >> I do want to just >> Wait, wait, wait. Joe, Joe, please let me talk. >> First of all, we received this on August
30th. We we received a list of the task force members. So, I don't know why anybody's complaining today about we received it. If you didn't like it, you should have complained September 1st. And also, I'm looking at the list of the names. There's one, two, three,
four, five, six, seven. Um, I I feel that many of you are more qualified than I am to do this. So, >> but everybody should everybody. >> But I'm just saying that I I don't have a problem with the majority of this. You're you're much more qualified than I
than most than some of us here are. >> We are going to file really soon. Hopefully this hopefully this week and it is going to be a very interesting piece of litigation. >> Next item. Madam clerk,
>> did I answer your question? You know what? I was satisfied before I was satisfied before I asked. >> I just want the public to hear it from the horse's mouth. I'm the horse. >> No, I'm the horse here. >> I'm the horse. >> That there is >> All right. All right. All right.
>> That there is no there is no authority given to anybody except the commission. >> That's what I wanted to hear. >> Next item, madam. >> Police detail commissioner for >> Yes. Thank you so much. You know, it's so funny because I I I mentioned be
before about someone that that like coming to my house taking pictures and telling people to walk by my house. He's the one that's beginning to freak me out. But anyhow, that's not why I put this on here. Um there's talk about
police detail being used for certain commissioners and um I know we voted against it and I just want to know I just want an update. I want to know if we are. If we aren't, if we are, why? If we aren't, then it's time to leave. But
I just want a an update. >> Chief, >> good evening, mayor, vice mayor, commission. So, I'm here to answer any questions you have pertaining to the Sergeant-at-Arms program. I just want to clarify that the Sergeant-at-Arms program has not been enacted. Uh we do
have a policy that was asked to I was asked to create a policy provide some data as far as how much the program would cost etc. that was provided to you back in April of this year. So the sergeant-at-arms program per se is not uh being used uh but we do have a
dignitary dignitary protection detail um through the manager's office. Um we have a contingency uh in place uh in case there's a need for uh dignitary protection that's offered to anyone here um on the dis uh in case an emergency
were to arise. We've had situations in the past where we've had to use uh funds to uh protect certain people uh because of perceived threats that they were receiving. >> All right. So is it being used?
>> So the program itself is not being used but we do have officers that are trained uh they have been certified in dignitary protection and like I mentioned through the manager's office we do have a contingency uh if and when someone from the dis.
>> Commissioner let me let me answer the the question. Mhm. >> So, our last uh our last meeting, which was the uh special meeting. >> Wait, hold on. Hold on. I can't I can't hear I can't hear with them arguing there. So, I'm sorry.
>> Go ahead, commissioners. So, at our last meeting, the special meeting with the city manager um uh discussion. >> I'm sorry. I can't hear with I can't have two conversations going on at the same time. I can't. Sorry. Can you guys take this outside, please?
because it's bothering me. >> Okay. >> All right. Go on. >> So, at the the last meeting, the special meeting for the uh city manager consideration and uh um uh establishing all that. So, at our last meeting, um a
gentleman came up and um directed some uh public comment towards uh the the mayor um that uh was inappropriate uh we found and kind of uh threatful. Um, so having uh heard that um and having a a
meeting the next morning at FIU, a big um um profile meeting um uh I uh spoke with the chief and determined that the at least for the mayor for that particular instance um until I could vet
uh what the uh gentleman had spoken about whether it be true, not true, uh maybe his history that I gave the chief um authorization for that one time um to uh uh to go with the mayor, but and that's part of the um protective services, not the not the
sergeant-at-arms program, but so um when any if any one of you all feel uh uh like the chief said, feel that there's a potential threat, there's a little bit there's a a contingency set aside from
police um that can um um I guess um reassure or or or or or take care of that um while it's being um um looked at. >> But so what I'd like to know is um
I guess everybody will will feel this in a different way, but like defy define threat to me because like everybody feels threatened in different ways. Everybody may take things in different ways.
>> Mr. Mr. Manager, if I can chime in. I think for me, it was very uncomfortable for me at the last meeting >> when I hear a a comment of someone saying they're a sniper and they're aiming at someone's head. I mean, >> and he made the same thing to the attorney. I I know Commissioner Smith
has said, "Hey, let him speak." But we have to be sensitive to certain things. I'm not justifying or condoning the fact that we need a contingency just in case somebody feels threatened. But has anyone watched the news? Has anyone seen
what's happening in social media? Let's I'm I'm not saying for us to be egregious and saying, "Oh, no. What def if someone stands here and say I'm" and goes like this against another elected official's head. Even if if even if it's you or your family member, how would you
feel? He did it to our own attorney. The attorney, you dealt with it very well. But do we understand the times that we're living in currently? Do we have that sort of Is that the police chief's responsibility? I >> It's not the I was answering Commissioner Smith's Smuckler's question
about what is a threat. It's some It's not his responsibility is if someone feels threatened >> and and if there is viable, we all witness that. If anyone here thinks that that's normal, >> I didn't I understand how you all felt.
I I I know him and I took it in a different way, but I understand. I would >> how would the public perceive that >> if if I didn't know him I would probably be screaming please please you know but but the point is and I understand in
that scenario but >> I'm not really talking about that scenario I'm what I'm talking about is how you know I don't is this going to be a thing like I I don't I don't I'm concerned that
someone believing it right that they're going to think that they're always being threatened. >> I like what you mentioned as well, Commissioner Smuckler, because >> I live in North Miami Beach. We all live in North Miami Beach. I've had people circle my house. I've had people parked outside my house. I've had We've all had
that, right? >> So, I'm not asking for protection there. But I'm saying when someone circles your house 10 times or it's parked outside and you're an elected official, you're not thinking, "Oh, maybe that person's going to take me out." But we're all living in in uh in tandem trying to
figure out when is it a a threat a viable threat for us to say, "Hey, I need protection." >> Well, as um Mr. Mayor, and I I don't uh you know, look look at at the end of the day, we have to we have to respect the fact that we have a city manager and we
have a police chief and a DC here who assess these things, right? And they have put a contingency aside. We had a whole conversation as to why we weren't going to do Sergeant- of Arms, right? We we decided that's not what we're going
to do. They have a contingency >> for special circumstances. If they deem >> that that's something that's necessary, we have to trust our staff to make those to make those decisions. >> If I call the chief and say, "I don't feel safe." >> Well, well, Commissioner Commissioner,
>> is he going to say and and it's and it's for a silly reason, he's not going to comm No, wait, wait, wait, wait, wait, hang on, hang on. I want to wait. Hang on. Hang on. >> And not have you know I'm I'm saying me. I'm not saying any of I'm saying me. Commissioner, >> how are you going to say no to me if
it's for for silly reason >> silly? Maybe that's silly to me with you and and you commissioners green. No. >> Can I can I shed some light on this to answer the commissioner's question? >> Yes, chief. So with all due respect to everyone on here, okay? My job as the
police chief is to provide public safety and to make sure that you all are safe at all times. If any of you come to me with a safety concern, it is not my job to sit there and perceive what you are feeling at the time. When a resident calls 911, the dispatcher does not sit
there and determine whether or not an officer should be dispatched. An officer is dispatched immediately and then we figure it out there. We're in a catch22 situation. If we don't act and provide service and something happens to one of you, god forbid,
then we're in a sling for that. So, it is better to air on the side of caution in situ certain situations. So, that's why we provide the service. Now, the policy clearly outlines it's not used there's there's stipulations to this to this policy. We cannot use it for
personal business to run errands as a chauffeur service. Obviously, um it's it's strictly on a case-by case basis through the manager's office that we determine whether or not the service should be used. >> Chief, the
>> No, I thought we were moving on. >> No, no. I I I I I'm That was It was her item. I'm I'm going to wrap it up. That was her item. >> I I would like to have a record monthly or every three months of who uses the service, please. >> That I I don't see an issue with that. What I will say,
>> could I ask I'm going to move on, but I want to that >> this was this No, no, no. That cannot compromise security. >> You have that, but you it cannot compromise operational details that the department is required to keep
confidential so that someone does not know what their operational methods are. You can get the list, no problem with that. But understand there is a limitation on what the chief or the >> we'll provide it. provide an appropriate report. >> Okay. Why?
>> Oh, no. I I I'd like to make a comment just >> No. >> I want to know about like why is it that we have to why does it have to come out of the general fund? >> Commissioner, why couldn't we our commissioner pays commissioner contingenc with with my commission moving forward.
I know you are very passionate and I know that you're you really do pay a lot of attention to me and you're very focused. I I know that I I I'm cognizant of that fact. I know you're you're laser focused on on on my safety and and and how I spend or don't spend anything. I
get that. However, I want to move I want to move on to the next item and that's the report. >> What's the report? The next is the manager's report. Manager, please. All right. City manager report. Nothing to report. All in there.
>> No, wait a minute. The man attorney's going to squeak on the three more than three votes >> soon as they get to attorney's report. That's why I'm saying >> city attorney's report five uh 11.5. Uh we have like a few minutes. Go ahead. City M city attorney. All right. >> Thank you. Okay. Commissioner, you asked
a specific question. I want to put it on the record. Okay. Apparently, there was a vote and the vote said what the expected procedure was going to be. As I just said when talking about what the commission voted on the water thing, it
is a consistent position. The commission sets rules and the commission follows its rules except when it decides otherwise. Had the commission chosen when you felt as you said compelled you
you wanted four you had a tie for your number whatever it is if the commission had chosen to do something about it either say no we're removing one or anybody who wants to add another one which could have worked too the
commission had the ability to do that >> even without a vote >> even without no it would have taken a vote for the commission to do something about the fact that you you know I mean as you said you felt strongly you
brought names that you wanted to be interviewed. The commission vote was who was going to be a finalist. If somebody got one vote you could have voted we want this person interviewed as a finalist. You could have brought up a name that wasn't on
the list and if four of you voted for it then that's the new rule. It superseded the old rule. You the commission when it votes something and like I said unless it's a law when the commission votes something the commission has the right
to come back and change its mind or proceed in a different direction. You had four, another member had five, somebody had one. There were different things. The commission took a vote. It didn't vote to strike any names. Didn't
vote to add anybody else. It simply took a vote. This is who we're gonna interview. Is could the commission have done something else? Sure, they could have, but they chose not to, if you want to use the word enforce the rule,
if you want to say they ignored that rule >> because we were told that we never said up to three. >> That was an incorrect statement. >> Okay. It was a vote. >> But when I was told when I was told at that meeting that it was we never said
it was we never voted and up to three then why would I argue and try to strike a fourth or a fifth >> commissioner we're all fallible and sometimes people make mistakes. So the bottom line is >> so the point is then why should I even vote on anything because it doesn't even
matter anymore. We voted we said up to three. We voted and we said up to three >> and then you voted to do something different. >> I because because I was told that we never voted on that. So I'm not going to argue about something that I was told we
never voted on. I had to go back and listen to the meeting, sit through a meeting. How exciting to to listen to to to hear that we voted up to three. That's what we voted and that's what should have been done. But you didn't
make a motion >> because I was told that we never did that. >> Commissioner saying, if I'm hearing you correctly, what he's saying is when somebody put in four, a motion could have been made that they have to eliminate one. >> Because he said that we never said it
was up to three. So why would I make a motion when the attorney is telling me >> I didn't say that, ma'am. I'm sorry. That's not correct. It was not me who said. No. >> Now, having said that, let me go on and say that the motion when it was said
that there were going to be three was also the time that it said that people were going to turn their votes in in October and that didn't happen either. So, was the rest of it the only that part of it was still valid and the rest of it was not? That's highly
questionable. The bottom line is >> whatever however you got there. Look, if you want if you feel that agrieved by this, then make a motion now. >> No, I'm not going to make a motion and change anything because I'm not changing
what what was done, right? We said up to three. I'm not making a motion. I'm not going to delay the the the getting a manager. I'm just going to say that next time I vote, I may think about voting because what's the difference? The difference is that the commission has
the right to move forward as a majority of the commission sees fit and if somebody wasn't happy with it they could have taken action but instead the commission basically unanimously decided who are your finalist >> city attorney you moved forward.
>> Thank you so very much. Do I have a motion to adjurnn? Second. All in favor say I. I.