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If the colleagues would please join us, we're going to begin. >> If my colleagues would please join us, we'll begin. Sir, Good luck. Please. Good evening everyone. We're about to

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start our commission meeting for Tuesday the 21st, right? 20 21st. Madame clerk, can you please do the role? >> Good evening everyone. The time is now 6:29. We're about to do roll call. Commissioner Shernoff

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>> here. >> Commissioner Jean >> here. >> Commissioner Smith >> present. >> Commissioner Smuckler. >> Commissioner Sue >> here. >> Vice Mayor McKenzie Florimmon >> here. >> Mayor Michael Joseph. >> I am here. >> You have quorum, sir.

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>> Next is a invocation by Pastor Tubman. >> Tobin. Sorry to apologies pastor. >> I'm here. Mayor, commissioners, good evening. It's good to see you. Let's bow our hearts in a way of prayer.

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Divine source of all people known by many names and worshiped in many ways. We bring before you this city. We bring before you those who live in here and want to speak to how the city is built and those who are entrusted to

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lead. We ask for wisdom and grace over the mayor, each commissioner, all those that are here to serve. We pray that that wisdom would outlast any

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seasons of headlines of questions. Lord, we just pray that you would cover us. Give us courage to choose truth over convenience, humility over strong enough to bear correction. Where trust has been broken, let it be

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mended. Where records are sealed, where things have happened. Where there is question, Lord, we ask that you would bring light. We remember those who serve the city daily. We remember those who rarely make the news. The staff, the department

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heads, the people answering the phones, those who fix the pipes, who keep the lights on. While the storm passes over, while things happen beyond our control, while the news seems to be out of control,

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while we can't hardly turn on our computers or our devices without seeing something that breaks our heart. Lord, we pray that you would grant this commission the strength to disagree without contempt

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to investigate without vengeance to govern without losing sight of the families in every corner of the city. Haitian, Cuban, Jewish, Christian, Muslim, longtime residents, the newest arrivals, those who need their

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government to work, those who need to feel safe in their homes. May this city care more for justice than image. Honest in its dealings, faithful with what has it has been entrusted to, humble enough to be corrected.

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Let justice roll down like waters and righteousness like an everflowing stream. Let it begin here in this place with each person with each heart. So may it be. Amen. >> Pledge of allegiance.

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I aliance to the flag of the stand indivisible with liberty and justice for all. >> Madame clerk number four. Any requests

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>> withdrawals and affirmments? >> Madame clerk. One second. At the at the request of Commissioner Shernoff, item number 12.8, which is resolution number R 2026-90,

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will be deferred to the next commission meeting. At the request of city manager Williams, item 12.14, which is resolution number R2026-97, will be pulled from the consent agenda and moved to legislation

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at the request of Commissioner Smuckler and Commissioner Sue. Item number 12.16, resolution number R2026-100 and item 1217, which is resolution number 2026-101,

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will be pulled from the consent agenda and moved to legislation at the request of city manager Williams. Item number 14.2, 2, which is ordinance number 2026-11, and item number 14.3,

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which is ordinance number 2026-12, will be deferred at the request of city manager Williams. Item number 14.8, resolution R2026104 will be deferred to the next commission

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meeting at the request of Commissioner Smith. item regarding events cost will be added to a discussion item which will now be item 18.6 Six, there is an appointment to the library that is to be withdrawn. That's item

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16.1. Also, at the request of Commissioner Smith, item number 12.15, which is resolution number R206-9. That item will be pulled from the consent agenda and to be heard during

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legislation. Those are the only items that were brought forward. M >> Madame Clerk, yes. What happened to 12.14? >> 12.14 it was moved. >> One second. >> Who's waiting?

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>> I wanted to clarify 12.15 was >> okay. >> 125 at the request of Commissioner Smith was requested to be pulled. >> Okay. >> 12.14 is the um Are you looking at the agenda? >> Yes. >> Is >> No, I mean what happened? Is it going to

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the legislation or is it pulled to the legislation? >> Yes, it's under legislation now. >> Do I have a >> So 12 12 Well, first of all, if the record can reflect that I'm here, but so 12.15 is going to legislation.

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>> Yes. At the request of Commissioner Smith. That's >> if it's voted on. >> I have a motion in a second. So I I have a I also want to propose that we move the um discussion items from last time to be spoken first. >> Do I second that?

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>> I have a second. Okay, Mr. >> Okay. Um >> Okay. >> Is that two separate motions or is that >> I don't know. I mean, >> no, I'm I'm I'm moving the discussion items from last time that we didn't

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complete to the top of the agenda um after the consent agenda and um >> all the discussion items that we that we that we left from last time which was the figure contract, the city attorney accountability and the proclamation

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procedure. And the mayor also had ticketing for giving tickets to events. >> Okay. >> I just >> Oh, that was in last month's as well, right, Commissioner Smuckler? Okay. So, the four the 18.2, three, four, and five be moved up.

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>> 18.1 was also on the last one. That was the mayor's discussion item. >> Okay. And I'm >> Oh, all right. That one, too. >> I rather we have a a packed agenda. Can we just not rush? Can we just go through the legislation, get to discussion? I'm I'm happy to move my discussion after

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everything else so you guys could go first, but can we just go through the legislation, please? >> I don't know. I have a Mr. Mayor, can you do the Can you call a question, please? >> I have a motion or a second. All in favor say I. >> I. >> I. >> I'm so passed.

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Okay. >> Okay. Thank you. >> Um, do I have a motion to accept the agenda as proposed? >> So moved. >> Have a second. >> Second. >> All in favor say I. >> I. moment of personal privilege. What [snorts] >> I just want to put on the record there's

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no way I can listen to what's going on at this meeting and read three things that are I have to vote on that are put in front of me now. I want that on the record. So maybe I have to say a no vote because I have to know what I'm voting for. And I have said this I think this

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is my 12th time for saying so it's an even dozen. I I read this and I review with the manager and I'm appreciative of his com his comments and he teaches me and sometimes I teach him. So, I just

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wanted on the record that I cannot do the right job for the residents that voted for me having three things brought to me. Now, as I sit here, I'm supposed to read all this. >> I agree. >> And listen to you because I don't want

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you to be me to be the object of your next email that [snorts] the commissioners don't pay attention when we come to speak. I pay attention. I hear what you're saying and I don't want to miss a word. So, I want it on the record again that there's no way I can

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do that. We could take a break for 20 minutes and I could read all three. I'm a slow reader. I'm sorry, >> Commissioner Smith words. I don't know. And I looked them up. >> You're absolutely correct. This This is not right. >> I agree as well. I mean, can we move

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this toward a separate meeting or I mean, >> I don't know what we're >> I don't know what we're going to do because this is all important. >> Yeah, we have the we have the charter amendment here. >> I'm going to use my personal minute to ask the manager, have you read these?

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These three. Have you seen them? Read them? >> Um, no, ma'am. I haven't. >> Well, the the whole agenda is supposed to go through the manager and he hasn't even seen them. Well, it's not his items, just to clarify.

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>> Yeah. >> Do um do you want to defer those three items or >> No. Well, we can't defer except 14. >> Except for the Except for the ballot items. Can we >> Except for the ballot item? Can we defer the other two? >> I would suggest we do it until we >> Okay.

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>> have an opportunity to review it. >> Mayor, there are a couple of settlements that are very simple. If the commission after hearing it decides to defer them, that's fine. But I I don't think they're gonna be >> My mic is on, sir. I'm talking right into it.

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>> Um, if the [clears throat] >> I'm talking right into the mic. I don't know what else to do. The mic is an inch and a half from my mouth. I I don't know what else to do. But I just would say if the commission after hearing them decides you want to defer them, that's

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fine. But they're really very simp those two are very simple settlement issues. They're not complicated in any way. And why don't you at least get to them and then if there's a motion to defer, you can defer them then. >> Okay.

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>> I What about the um uh charter amendment? >> It's It's still >> We want to just go through it and like when we haven't had time to read it. >> It's in legislation, so we're going to get to it. It's already >> Well, we just got it just now. So that's why I'm I'm bringing this up to you. You mean the the question >> ballot question? Yeah, we're we're going

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to be discussing it in legislation. >> We can't delay because of time. >> Exactly. It's due on the 24th. >> Yeah. So, we're going to discuss it today. Um, next item on the agenda is >> consent.

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>> Presentation. >> Public comment. >> Public comment. >> Oh, no. It was presentation, but it says public comment. Madam clerk, >> presentation. >> It says presentation, but >> right. >> We don't have >> We don't have no presentations. Uh okay.

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Um public comment. Thank you. >> Good evening everyone. The mayor and commission of the city of North Miami Beach has opened a 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

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name of the organization which you are representing. The mayor and commission of the city of North Miami Beach recognizes the importance of civility. The city of North R Beach requests that all in attendance to exercise civility at all times.

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And where's the signing sheet? Our first two signed speakers are Rudy Moise and Whitney Pedote. Good evening, Mr. Council, Mr. Mayor, Council, Ladies and gentlemen, Butos,

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Bonjut. My name is Dr. Moiz and I'm a congressional candidate for this week 24. The new district this week goes from Hollywood to Jackson Memorial Hospital and from Lun Road to Biscane.

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Unfortunately, only part of North Miami Beach is included in it. They changed that. I came to this country 55 years ago with bigo but with a strong determination to build a better future. This country

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have given me a lot of opportunities and I spend my life giving back. As a physician, I took care of patients. As a colonel in the Air Force, I served our nation. As an attorney, I stood up

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for justice. And as a entrepreneur, I created jobs. This campaign is not about me. It's about the people. It's about building bridges, not building walls. It's about creating opportunities,

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not division. It's about bringing real life experience and common sense. Um, you know, problem solving to Washington to lower cost. Number two, to strengthen the economy, to serve our

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veterans, to fight for social security and Medicare, and to help grow our small business, and to ensure that every child, every young adult, every senior has a voice and a future.

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I don't believe in shouting the loudest. I believe in listening first, understanding the problem, bringing people together and getting results. That's how I practice medicine and that's how I've led organization and this is how I'm going to serve in

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Congress. I would be honored to earn your trust, your vote, and your support. Together, we can make a stronger, a healthier, more affordable, and more united District 24.

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Thank you very much. Next speaker. >> Good evening everybody. Good evening Mayor, commission, city manager, city attorney, city clerk's office. My name is Whitney Pedote. I reside in Lazul residence in the city of North Miami Beach. [sighs]

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Oh man. I'm going to discuss about item 14.7 as a charter committee review. I'm very disappointed that the ballot questions was not attached to the actual agenda. The agenda was posted regularly.

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I know the city clerk done their job, but however, from the record, seeing that the city manager and city commission have not review it today, it is very disheartening because it wastes everybody's time.

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Residents, the ones that volunteer, city staff, city commission, we had a special meeting about this. We had discussions about this. We had a lot of debates to the fact that there's no transparency and everything is not being presented on

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the agenda in a timely fashion should really be investigated to figure out what is going on, especially this important item. Those who have not read this item, you should vote no because there's no transparency. It was not posted

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accurately. the residents have not reviewed this item. And at the end of the day, if we don't follow the rules or the laws and do things the proper way, people's not going to trust into the process. I know

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a lot of people put in a lot of work to follow the process the right way. And somebody basically made a mistake. they should own up, confess and have a discussion, investigation on why this has happened. But if there's a pattern,

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then we have to look into it so this does not happen ever again. So um I know a lot of people are here tonight. I want to be mindful of people's time. Thank you. And um hopefully every have a wonderful evening. Thank you. >> Next speaker,

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>> Bruce Cousins. And then Irene Pellinger. Good evening and uh I I want to I'll spare all the individual introductions obviously the mayor, the commission, the management, the staff and the mic.

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>> Is that better? >> All right. Okay. Um, I I was gonna talk about some stuff, but but the people that preceded me, they really did a 10 times better job than me. I see why you run for your office. That's sir, can you

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please state your name that you bring to say your name? >> Oh, Bruce Cousins. I thought you did. I'm Bruce Cousins [clears throat] and I'm a resident of North Miami Beach for longer than I want to admit. We're talking decades. >> [clears throat]

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>> Um any okay so the the presentations that you did the honors that you gave I saw the smile and the happiness that you delivered to all those people and you know what else I saw I saw the effect it had on you and I listened to your speeches and the proclamations about

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what you're going to do for this generation and for future generations. And all I was going to try and do today was remind you that you each one of you picked someone for the charter review committee. They don't have a dog in the

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fight. They don't have to depend upon being reelected. They were done. They were asked to give their heart out and their brain. And you can see the quality of people that were on that committee. President company excluded.

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And it it's just so important that for you not to invest. They did a special meeting on steroids. They did it week after week after week with heavy discussions. And we got into it a lot of times. And what came out of it?

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Absolutely. once in 10 years when you're asked to review the charter and learn from the holes that were left in it the last time and make improvements and recognize that things change and we have to change. All I want you to do is

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remember those times a and to whatever's left of that committee whatever hasn't been decided because it was given to them at the time of the meeting instead of what it should have been given to them. just want you to remember that and to to

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vote your conscience on what's best for this generation of the city and what the future is. And to me, that starts with safety. And from what I can see, that was absolutely ignored. That is your first priority. That again, this isn't a

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business. We don't have an exit strategy. We're not trying to sell to a stockholder or profit. We're here to continue to put smiles on people's faces and to develop good citizens generation after generation in a climate that is

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conducive of that. So I just simply like to ask ask you to do the right thing and continue to put smiles on generations of people's faces and of course provide for safety. The committee recognized that immediately without a dog in the fight.

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They gave you some really good advice and I think it it warrants your attention. Thanks much. Have a great day. I'll shut up. >> Next speaker, >> Irene Pillinger. I'm here um on behalf

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of Friends of the Library. Libraries throughout the state have friends groups, nonprofit organizations which are permitted to engage in charitable and educational activities, including fundraising and providing

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services to the public. In the past few months, back of the library workings have been questioned and made to seem sinister. Wine has been served at the library for many years, yet complaints triggered a police raid. What motivated

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these newfound concerns? What really irks me is that the staff was told to stop collecting money on the friend's behalf and our receipt book has been taken out of the library. Money collected for various programs go to

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friends of the library as donations. In return, we fund supplemental activities. Trusted employees collect the money and give receipts. We have never had any issues until now. Since its establishment in 2017, Library Friends

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has worked in concert with the library director and staff. Manager Anna Garcia helped kick off the library summer camp. Esmond Scott used the library for community events to take advantage of the funding provided by friends. Arthur

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Suri, Mario Diaz, and Andrew Plain did not have an issue with us either. The summer program at the library emphasizes reading and learning with demonstrated reading score improvement at absolutely no cost to the city until now. The fees

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collected to pay for the reading teacher who measures reading levels, as well as subsidized field trips, magic shows, pizza parties, and so much more. This year, after the first field trip, we were told by the interimm director of the library that grant money would cover

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all camp activities and declined additional funds from us. My email dated July 1st to all of you describe the grant in detail and specified that none of the three activities described in the grant took place. How will grant usage

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be substantiated to the state if funds were used for something else? Since we aren't funding summer activities, friends has no choice but to return the money to the families that made these donations. We've refunded all but five.

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when I asked that a note, a simple note be given [snorts] to certain campers with my personal contact information. Staff was told they could not distribute the note. The HR

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director informed friends that direct outreach to staff outside designated channel is not appropriate and should cease. If friends cannot work >> directly with the staff, how can we support the library? I have just two

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more sentences. >> I'll give you 15 seconds. Go ahead. >> Thank you. It could be that someone new questions how things are done. It could be that they don't like how we do things and want to make changes. There's nothing wrong with that. What is wrong

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is to imply that what friends and staffers did in the past was wrong or deceitful. It was right for the past nine years. And this is the [applause] >> next speaker.

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>> Mr. Mayor, I'd like to ask a question of the >> Okay, Miss Smith, >> what was the purpose of giving out May I ask? What was the purpose of giving out your phone number? Louise and I sat at the library two mornings to greet parents and contact

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them and tell them that we wanted to give we had checks for them. There are still some parents who we have not been able to meet with and the note was to go to those parents and it's asking them to text me so they could get a refund.

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That's all it is doing. You're welcome. Susan Sandis and Trish Miller. >> I do apologize. I'm getting slower every week. >> Thank you. Whoops.

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>> I need a little exercise. >> Okay, thank you. My name is Susan Sandness. I think all of you at the podium know and many other people here. And I'm with the FR library friends group. I helped start

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that organization and I am very proud of what we've accomplished in giving the people of this community more service. I arrived at NMBB in 1995 and I came from the west and I came from an Air Force brat background and I'd

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never been to Florida in my life and I met some wonderful people and I had I guess I could say a really good time working at the library and working with the people who came in there. I worked as head of reference and I worked as

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head of adult services and then eventually at one point for a few years I was the city man or city manager. Sure I was. [laughter] I was the library manager and [snorts] I enjoyed that but I wanted to go back to working with people. I was no good at

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just sitting at a desk and doing paperwork and and playing politics. So that's how I ended up here. As a former director and working on the floor with the public also, I think I can offer you

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a unique perspective about what we are trying to do and why things are done the way they are. I've overseen grants from the state and from ALA. I've attended ALA, American Library Association, pardon me, for financial training programs.

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I am aware that friends groups throughout Florida and indeed throughout the US take direction from library staff, not from city government. Friends and library staff listen to the public. We are very aware of what people

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want us to have more of or don't care about by do they circulate. We look at our circulation numbers. We do surveys. We do anything we can to pull in information that tells us what the real people who need us most want and would

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bring them to the library in order to work together to create programs. The staff create programs build staff and build collections for a multicultural community. This is the way it must be

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done. It can't start at the top and one person says yes, no, yes, no or do this, do this just like every other department. We are unique and I think you know that many of you have been to many programs at the library. In fact, one of the things I should

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mention when applying for grants, the state accepts applications from libraries and friends groups. It does not accept any city government applications for the funding. Each year, this city and all the others submit a report signed by their city manager or

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the mayor if there's no city manager and it goes to the Florida Department of State confirming that the library is under the sole leadership of a professional library director. Librarians have to follow the guidelines for the federal institute of museums and

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libraries. time. The American Library Association, the State of Florida Department of State, and standards set forth by the Florida Library Association all have things to say about how we should run and they do not care what city government thinks about it. They're

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doing the best for the customers. I'm sorry, my time is up. I wish I could say a little more. I have a paragraph left. >> No, go. Okay. No matter the funding source, city government taking away library programs is an overreach since library programming is not within their

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scope as they are not professional librarians. By the way, item 2026-98 on tonight's agenda, and I don't know if it's one you discussed and are doing something with, but it would give money to the Miami Dade schools for programs

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we already do. We do GED and ESOL classes and you don't need to pay any extra money to anybody else. They're going to be done. The funding should stay in the city and continue to help meet the needs. Thank you and thank you to all of you.

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>> Thank you. Next speaker. Oh, um, Commissioner Turn >> to the city manager. >> I want to thank all these friends of the library. We love them, okay? They've been great to us over the years, every event that they come to. Could you please see what is the problem and look

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into this and make them happy again please. [applause] >> Absolutely. Um I've um I do have an open door policy. Um every resident gets 30 minutes and for this team I'd be more

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than happy to have a discussion a group discussion. Uh please understand the process. So uh the city commission does not have the authority to hire, fire, promote or demote any employees. So any complaints that you have about employees are best suited through the office of

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the city manager. Now to be clear, some of the things that I've heard, some of the very concerning things that I've heard tonight, this in this forum is my first time hearing them. Um I would love to hear some of the things and and allow

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me to uh give you some examples. There were some statements made about uh the current interim library director and I have met with Miss Pillinger and I told her then what I shall tell you now. Um the interim director unfortunately

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um unfortunately um Mrs. Adena Harris who has been an establishment in this community for quite some time. Um we myself, my wife and I were introduced to the city of North Miami Beach as many of you know through Adena Harris and the library. Uh my wife who is a breast

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cancer survivor was invited uh to the library with Commissioner Smuckler to provide talks and and have an outreach on cancer survivors and for cancer survivors. It is that time that we were introduced appropriately or myself as a

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couple to the city of North Miami Beach. Now, I would invite each and every one of you to have direct conversations. Uh you'll find that my office is open doors to your concerns and will work diligently and transparently to the best

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resolution that we possibly can. Thank you. >> Anything else? >> You're welcome. >> Trish Miller and Dianara Torres. I I I would like to add something, Mr. Mayor. >> Commissioner Smith.

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>> So, I would like the resolve, Mr. Manager, to make sure that the friends of the library are participating in our library. I'd like you at the end of the resolve. And I hope I can get a consensus on that, on unanimous

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consensus, because when you see all these women gave up their evening, you're not seeing who they are. They give up their days. They give up their weekends [snorts] to help our community. And they do it voluntarily. My favorite four-letter f word. They do it for free.

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So I'd like to see at the end resolve that the meetings of the minds can be where it needs to be that they're back in our library and I hope my fellow commissioners will agree. >> Um >> absolutely. >> Uh Miss Helinger.

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>> Yeah. No, the the issue we're discussing tonight is not about a city employee. It is about directives from the city manager's office. So, who do we go to? You're the bosses

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of the city manager. So, this has now gotten a little bit twisted. Um and we were told that we cannot we cannot work directly with the city staff with with the library staff and we

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work very closely with them. >> Um Mr. >> No. >> So when the statement is made that there were directives >> coming from my office. >> Yes. I will stand firmly on every directive I provide and I usually

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provide them in writing as a executive order or policy or procedure. The notion that I have provided any directive to that the library does not even report directly to me. The library reports to assistant city manager Andrew Plotkin.

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So just as you said how particular the library is, there are 16 other departments that report to the city manager. So the notion that I am intimately involved or providing directives on the day-to-day operations of your library facilities,

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that is false. It is false. >> I'm I'm sorry, maybe I misspoke. I think that these directives and I have an email came directly from the HR director who reports to you. >> Yes. So we were told that we can no

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longer work directly with staff and if we cannot work directly with staff, we cannot function and we cannot do anything to benefit the library. And if our receipt book was taken from the

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library, we cannot we can no longer ask for donations. So we are we are stuck. And I replied that we cannot we are on hiatus now. We have canceled our meetings. We cannot

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supply the end of the summer prizes because they've turned into a huge project and I will have to work intimately with the head librarian and with the public in fact. So if we

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are being told that we cannot work then that's it. We can't work. >> Okay. So as you stated the the directive apparently that you are concerned about came from the HR director and as you

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appropriately stated the HR director does report to me. So, I would be happy to review, discuss, resolve any concerns that you may have about directives that you receive are inappropriate or improper or impede you from doing your business. And as I will also state, if

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even if you put some of this in an email uh that was that I'm copied on, um that is not for me. I try to review review all of the emails, but I have an open door policy. If you believe something is coming from my office and it's under my authority and my power and my command

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>> um please you have you of all people have my own personal cell phone number. So I've always made myself available for conversations with you and I will open that up to each and every one of you that are here tonight. >> Uh rather than go through innuendos and assumptions I will have the conversation

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directly. That doesn't mean we'll agree on everything. Uh we may not. But you will hear directly from me what my position is on any of the concerns that you may have. >> Thank you. >> Oh, that's the answer. Answer is a private me a meeting with your you or

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your group or whoever and the mayor manager to see what can be worked out. And it's important for the manager's office to understand what Susan said that according to the state statutes,

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it is the library director who is responsible for the library. And even though it keeps being called a department of the city, it is not like any other department of the city. it a

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library is an institution. It comes under a national the national uh something of libraries and museums. It is not it doesn't work the way other

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city departments work. It has different rules and obligations. >> I believe the manager allude to that. So I heard him say it clearly. So, you'll meet with the manager and maybe you'll have a second meeting with the manager and the director of the library and

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we'll get this taken care of because we have a commission meeting to go forward. >> Thank you. I thank you all for your time. >> Commissioner, you have vice mayor. You had a thought. I didn't want to cut a thought. Um, so I I know that this is not

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typically how we do public comment with um responses, but I you know, obviously this is something that's super important to the community and um so we're we're going this route with it. Um but I'm I'm hearing there's a meeting that's going to take place. Honestly, I don't even

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have a synopsis of what's going on, a full understanding of what's >> sent emails. Well, no. There were emails that were sent, but these emails, if you have to piece these things together, you don't know the genesis of what's going on, and you don't you see what I'm trying to say? >> You only see one side.

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>> So, it's like you're trying to piece things together, but don't have the full story, especially in regards to Edenia who's been here for so many years. And if she is going to leave, >> she left. She left. >> What? No, what I'm saying is someone like that if they leave the city of

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North Miami Beach deserve, you know, to be recognized for all of the work that they've put into the library, you know, not under the cover, you know. So, >> I I I I think whatever is happening and with respect to the manager's office and his work and what he has to do, policies

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and procedures, etc., I think the commission should get a synopsis of what's going on at the library, what changes have been made, why they've been made, and where we are at this present time. Once we have that synopsis, then

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we can understand whether or not his meeting with you is actually fruitful, right? Um so, Mr. manager uh through the through the mayor. If we can get that synopsis as to what's going on um you know with the library with the friends of the library relationship at some point you can send an email you know and

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let us know what's going on and how we're going to move forward that that would be good because I don't have a full understanding of everything that's taking before you start let um because like I said we don't do this back and forth we can have a further discussion in the in your report if need be. So next speaker thank you

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>> thank you >> [applause] >> My name is Trish Miller. Wow. Um, I don't understand why HR was involved to begin with. Uh, one of the things I did want to bring up is

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that I think we do need to recognize the Dana and her many years of service to the library. I don't know what we what our plan is or if there's a plan in play, but she served our library for many

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years and was recognized nationally as a a stellar librarian. And when I asked someone what was going on, I was told they couldn't discuss it because it was all still under investigation.

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What does that mean? Um, everywhere we go, I feel like there's gaslighting. I Why would you get a report that you've never read? Our commissioner, I don't want our commissioner to vote on a report she's never read.

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She's that she wouldn't be informed. And then you get these flyers in the mail talking about wanting to be having your community represented by one individual when really it's not about

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that at all. It's about extending the right to keep going even though you've served out your two terms. You want to extend the term. That's what it's really about. It's gaslighting. and that we have people funding this who

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really aren't from the Commission for Safer Schools or the Commission for a Better NMBB. They're really about the Commission for Desert Corporation. Let's talk about what really going on

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here. Who's really funding everything? And why do we have people sitting up here who represent us who work for lobbyists on the side? There's so much gaslighting going on.

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And then you tell us, don't vote against having your property taxes reduced. Us homeowners, retired homeowners, no, you don't want your property taxes reduced because we need your money for what? All right. I'm

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tired of my money being wasted. I'm over it. And if I could think that everybody was spending our money, you know, responsibly, maybe I would feel differently. I'm very involved in the city. I love our city. I'm involved all

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over the place. And I'm in the swimming classes. I'm in the classes at the library. I'm I I take advantage of everything, but I still don't want people wasting my money. So,

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I just want to know that everybody here is working for the good of NMBB and not for the good of term limits or lack thereof time. >> Thank you. >> Thank you. >> Next speaker.

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Good evening, mayor, vice mayor, commissioner, city manager, deputy, city attorney. I don't know where he is, but assistant city manager. I was going to speak on some other topic, but this is um something that came up when I was sitting down and

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thank you to Whitney and Bruce for bringing it up. >> Your name, please. >> When I was reading it, um Dara Torres, 2241 Northeast 17th Street, North Miami Beach. And um I'm appalled and I'll tell you why. Commissioner Smith, in our safety

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meetings, you say we speak to our neighbors. Correct. I do. And you know what our neighbors say? They don't want to come to council meetings because it seems all over the place all the time. And I see it tonight with resolution 14.7.

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Um what happened today it reinforces the perception that we deserve leadership that is prepared, transparent and accountable. We owe them thoughtful decision making, proper review of agenda items and meetings that inspire conf confidence, not confusion.

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How is it that I go to other council meetings in other cities and you know what they get brief with the city manager and they sit down and they go over stuff that are on that agenda item? I know I work for a city and it comes down to it city

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leadership. Unfortunately, today I saw what is not what is not. And you know what? When I speak to neighbors, Commissioner Phyis Smith, you know what they tell me? They say, "We're losing confidence in our

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city. We're not being told we don't want to go. What? What for?" And you know why? because every time they come or they see it on TV, they see everybody going back and forth and it goes to 12:00 at midnight and we're still confused about what's going on sometimes. That's uncalled for. We should not be doing this. And tonight, I

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just tell you, our community deserves better. Residents deserves meetings and I had to write this down because I want to make sure that I say it tonight that aware, prepare, respectful the public's time and center and thoughtful decision making. We owe them leadership that listens, plans, and acts with integrity.

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Okay? And I'm sorry how I was sounding. I'm sounding tonight, but I have to because to have something on an agenda item. I This is something I'm on call for. I know because I get this all the time. Tomorrow I have a council meeting that I have to attend. And guess what? We're briefed. We know what is going on

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on here. And to have to sit here and not understand what's happening because you had a special meeting and still were confused about what was put on 14.7 resolution number what? R2026103. That's a shame and that's all I want to say. >> Thank you,

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>> Speaker. >> Carol Sako and then Ariel Vasquez. >> Good evening, members of the North Miami Beach community. Uh my name is Carol Sako. I'm the president of the period chapter at Barry University and I am joined with my >> name is Jacob Gabriel Rosco. I am

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treasurer and financials manager. >> Before we begin, I'd like to say thank you to Commissioner Smuggler for inviting us to present on this topic. We truly appreciate the opportunity to share our perspective on an issue that affects the health, dignity, and well-being of so many in our community. Our chapter works to advance menstrual

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equity by expanding access to free menstrual products through advocacy, education, and community service. Over the past year, we've worked to increase access on campus, listen to student needs, and support our surrounding community. These experiences have reinforced one simple truth. Access to

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menstrual products is not a convenience. It's a necessity. And tonight, we ask the city of North Miami Beach to join the growing movement to ensure these essential products are accessible to everyone who needs them. [snorts] Period poverty is real and it affects people in every community. Nearly one in four students struggles to afford period

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products because menstrual products are not covered by SNAP or wick. Many individuals and families are left to cover this essential monthly expense entirely out of pocket. As a result, students have missed class, employees have missed work, and many people are unable to fully participate in school

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work and community activities, not because they choose to, but because they're lacking that access to basic menstrual products. The reality is simple. Period products are a necessity that's not a luxury. Multiple organizations across Miami are already joining the mesh drug equity movement.

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The city of North Miami under the leadership of Vice Mayor Cassandra Timothy implemented free period care in 18 public restrooms. And to do so, the city partnered with Aunt Flow, a certified woman-owned business that supplies freely accessible period in more than 70,000 restrooms nationwide.

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ANFO has made implementing period care affordable for cities. North Miami invested approximately $8,500 in dispenser hardware with annual costs for tampons and pads totaling roughly $5,000 to $10,000. Today, those products are available across 15 city locations, including city

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halls, parks, and gyms, ensuring community members have access whenever they need them. Tonight, we respectfully ask the city of North Miami Beach to allocate funding to provide free menstrual products in public facilities. The estimated cost for hardware and one-year supply based on research from ANF flow would be around $20,000. North

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Miami Beach can consider various places to start and this amount can adjust to meet budget. We encourage the city of North Miami to follow North Miami's example and join the growing movement to make Metro products freely accessible in public spaces. Thank you again to Commissioner Smuckley for opportunity to share our perspectives.

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>> Thank you. Thank you for coming to speak and um I'd like through the city manager to see if um maybe this is something that we may be able to implement in the parks. Mhm. >> Um this is um it's it's it's something

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that I feel is really important actually and as a woman something very private but um I I think that our parks like in Highland Village and in Washington Park and Allen Park and Ulita these are these would be very uh essential for the girls

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that and you know and sometimes um I I remember my mother telling me when um she had her menstrual cycle she didn't even know about it. Like she just went to the bathroom and she was never informed because it was something so wasn't talked about and it still happens

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in so many communities that uh the parents don't teach the children. So I'm I'm just hoping that we can educate and and help the girls. Thank you. >> Thank you so much. >> So if some if someone can reach out to them, please. Absolutely. Thank you. >> Thank you.

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>> Next speaker, >> Ario Vasquez. Do you hear me? Okay. Yes. I'm Ariel Vasquez representing Stronger NB. I am the vice chairman and I reside in 1270 Northeast 178th Street and I

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just wanted to come up and just um last month meeting um they mentioned one of the commission mentioned that they wanted to give me a tour of um Eastern Shores and I wanted to give you a little bit background. Um I've been living here since 93. I went to Grenos Park JFK

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NMBB. I worked in beautifification for 11 years. I was in charge of the sprinkler sprinkler system and I know what priority is and priority is Eastern Shores. Whenever there was anything broken, whenever when when there was

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anything wrong, I don't care if there was no money in the budget for it, that always had to be fixed. And no matter what time it was, if there was a sprinkler turned on at 3:00 in the morning on a Sunday, they will call to make sure that was turned off cuz

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the baby of our city is Eastern Shores. And I understand that they pay high taxes, but at the end of the day, who doesn't pay taxes? So, I'm here to let you know that we want fair opportunity. What's good for them should be good for for others?

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Um the same wasn't it is not the same for when it came to Washington Park for Ulita for Old Grove. If anything was broken they would say wait for the budget, wait for October, wait for another time. I had another um gentleman said that um the east side

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um the west side has everything. We have the swimming pools, we have the parks. Correct. We do. But at the same time, Eastern Shores, they don't need a swimming pool. majority of all their residents have their own pool >> and they don't have a park

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but they have Oolita and if they did have some Square land you can imagine the the investors that would be crazy to put their hands on it. So, I'm not here to say that Eastern Shores is better than us or nothing like that cuz at the end of the day, we're one city. But I do

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believe that we do need equal representation. So, that's why I'm here representing all NMBB that we that should be what's what's good for them should be good for all of us. So, um I don't need a tour of Eastern Shores. I see what's going on. They were the first

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city to have sewer. And if they can have sewer, why can't we have sewer? So, we do need the upgrade. We cannot be living on the stone age. We This city's been here for 100 years and when I go knocking on doors, people are tired of the septic tanks. So I I believe that we

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should look forward for the future because this is what the city needs. Thank you for your time. God bless. Next speaker, >> Rendy Meador and then Livven's Jean. Um, good evening, mayor, um, mayor, vice mayor, commissioner, um, city managers,

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city attorney, city clerks, and residents. My name is Wendley Mesidor. I am a proud 20 year residents of North Miami Beach. 20 years, two decade. I can't believe I'm saying that now. I remember when I first moved here. So, first of all, I wanted to say thank you

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to Commissioner J. Shaovas for recognizing me and the commission for honoring me today. I truly appreciate this recognition and the opportunity to serve our community. I also want to encourage the city to continue investing

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in our North Miami Beach Library. I really do care about the library. So, I want to see the library um advance. I remember as a child um I used to come to the library. My father used to bring me to the library. I've seen how they move

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around where the front desk used to be by the door. By the door. Oh, sorry. Um, the front desk used to be by the door and now they do the renovation. The computer used to be on that side. So, they did the whole renovation. So, I

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want that. So, our library is a place where children develop a love for reading, student success, and family connect. and residents access valuable resources. As an educator, I know that investing in our children and our

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library is investing in the future of North Miami Beach. Like I said, I come to NMBB li I go to NB library a lot before um we even had computer um in a house. That's where we used to spend the whole day. After school, we used to go

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there. So, seeing um what's happening to the library sometime we don't have enough money. They got the summer program. I like to put on the record, I do have a child of my own as well. So, I want to be able to bring her to that library so she could enjoy the wonderful

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thing I used to enjoy as a child. So, please invest in the library. Fight for the library. Fight for the library. Thank you. >> Next speaker. like to send the call. >> Good evening. Good evening everybody.

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My name Jane. I live at 310 East Drive. Before I start, I need to call to good the chief officer police. My chief come I need to see your off everybody. My chief, you so good. >> No, you can't.

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>> Let him come in. You do a good job. Let him come in. >> All right. No, no. Well, no. With all the to you do a good job and >> my neighborhood. Amen. >> You do a good job for everybody in this neighborhood. Appreciate. >> And first of all, I like to tell you thank you. You had a good good two good

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officer. You know his name? >> Fabian. And the second one, Bourben. [clears throat] >> Mhm. >> I don't know if if everybody know Burben here. Fabian and Bourbon. They come over to East Drive the way I stay in East Drive for 2001 and East Drive. I live on

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the corner and I request to the street is drive very terrible and they remodeled. Thank you for that. The remodel only one thing I'm going to request that the Fabian and uh Bourban they come over to two hours stand at the

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corner. They know exactly people still are driving more speeding than each drive. I request that the second third time we need the speed bump in this neighborhood because the street remodel people going toward to Jackson 5:30 in

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the morning to 6:00 crazy driving until to 8 crazy driving I thought something happened so that's why I called the the police officer and thank you for that my man >> keep doing a good job >> so I really appreciate that you can >> through through the through the man

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thank you >> thank you everybody thank You all keep doing a good job. So I don't want to come back here. I request for this only one thing. I don't need nothing else. The east drive need a speed bump. Too many kids in this area. Bicycle people

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walking in the street. We need a speed bump. Please. Thank you and God bless. >> Next speaker >> Ununice Flowers, Ruth Ogan and then Bruce Lamberto. I may go over a few seconds respectively.

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Good evening, mayor, vice mayor, commissioners, city manager, city attorney, city clerk, members of the city staff, and my fellow residents. My name is Ununice Flowers, and I live in city center. Tonight, I'd like to respectfully offer a thought that comes

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from my years in education. One of the first lessons based on the psychology of people we learn as teachers is that if we spend all of our time responding to those students who are disrupting the classroom, we unintentionally send a message to every

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other student who is doing the right thing. We teach them that their effort, their character, and their contributions are less visible than the disruption. Over time, that can diminish morale. It

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can reduce participation and create a culture where negative behavior receives the greatest reward, attention. I believe the same principle can apply to cities. Local government understandably spends a great deal of

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time addressing problems. Crime, code enforcement, infrastructure, budgeting, and conflict. Those responsibilities are essential. But if the only stories we tell about our city are the problems we're trying

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to solve, we risk overlooking the thousands of residents, businesses, educators, volunteers, first responders, nonprofit leaders, artists, and the young people who quietly make North

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Miami Beach stronger every single day. Public institutions do more than solve problems. They also shape culture. Research in organizational leadership constantly shows that recognition enforces the behaviors that we hope to

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see. Communities thrive when people believe their contributions are noticed and valued. Civic pride is not created by accident. It is cultivated through intentional acts of appreciation and shared celebration.

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Recognition has a multiplier effect. As we celebrate our city's centennial, I implore this city to consider hosting an annual city gala. I heard it was off the table. A wellexecuted gala could honor

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and highlight amazing distinguished residents, volunteers, and city staff who have contributed positively to this community while also generating revenue, lowering ticket prices through strategic

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investment, and boosting morale. I would also like to suggest creating a commemorative centennial memorabilia such as a limited edition NMBB centennial coin, a drrele or a Christmas ornament. In doing so, we would

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demonstrate thoughtful stewardship of public resources by prioritizing meaningful community impact. Thank you for your time. Good evening. My name is Ruth Oen. I attended four or five charter review

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committee meetings as an observer and I saw firsthand the time, effort, and dedication the committee members put in reviewing our city charter. Whether everyone agreed agrees with every recommendation or not, these members

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took their responsibility seriously. They discussed the issues, explained their reasoning, and worked to recommend changes they believed were the best interest of our city and its residents. [snorts] [laughter] That is why I was extremely surprised to

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see that the supporting documents explaining these proposed charter changes are not included with tonight's agenda. These changes must be submitted to the county by this Friday. Yet there we yet here we are just days before the

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deadline and the residents and apparently the commission do not have all the necessary supporting documents readily available to review. How did this happen? Either these documents were intentionally left off the agenda or

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this represents a serious failure in preparing for tonight's meeting. Neither explanation is acceptable. Residents should not have to come to a commission meeting without being given the information necessary to understand changes that could affect how our city

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is governed. [snorts] The charter belongs to the people of North Miami Beach. Any proposed changes changes should be presented openly, clearly, and with enough time for both the commission and the public to review them before

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decisions are made. With a Friday deadline, the fact that we are still missing these documents tonight is simply outrageous. The residents of North Miami Beach deserve transparency, proper preparation, and better than this.

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Mubarak Kazan. Good evening everyone. My name is Mubarak Kazan. A few meetings ago, I came here and I heard the your city attorney says that he sent you some sort of email

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and it shall or something and he was speaking about some petition stronger NMBB aka weaker NMBB. uh that is a sort of like a desert group that is pushing a nonsensical petition that we need to

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have the cities divided and um he's saying that even though you you did not even he implied that even if you have not read that email it shall move forward. So, if you want

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to pass a legislation, you don't have to come to here. You just pass it to the city attorney. He's going to claim that he sent out an email and no response. It passes. That petition that stronger NMB aka

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weaker NMBB has never came here before for a vote. I went through two petitions before myself and Bruce Lombberto and always it had to go through not only the attorney but the mayor and city council

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at that time to get an approval. Things don't work here party way because you're a Democrat and your Democrat friends coming here and you're going to give them a help to pass a petition. I don't care if it's Democrat. I don't care if it's Republican or an NPA like myself. I

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don't care. It has to go through the normal ch channels and you seven people have to vote for it. I move on tonight again the city attorney.

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He's trying to think like Hawaii did with the charter review committee where things don't really get to come before us on time. And the questions I mean we paying like we paying like $50,000 a

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month for a standby attorney that comes just part-time and just spend a a couple hours every week and nothing can get done. You have to hire people who is dedicated to this city who would come 8 hours and probably work even in the

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night and you have to get back the four attorneys. We're wasting time here. And the trick is that some people which I've seen the voting pattern don't want the charter [clears throat] review um questions to move forward. They want it

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all squashed. And if you if you a special meeting you can call within 24 hours. >> I think you may need to have a 24 hours call a special meeting and have this done properly. Thank you very much for having me.

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>> Speaker, >> good evening. Uh Bruce Lamberto, Eastern Shores. Um, I'm just backing up the Whitney, Bruce Cousins, Mabar on this. I I'm in agreement, full agreement with this. This is not a way to run a city. I

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mean, this charter review, I was on one 10 years ago. It worked like clockwork. It went before the city attorney who approved it. Went before the commission, it was approved, and it got put on a ballot. And we're playing games here. And this is this is not good. We have these dedicated people doing this. Each one of you appointed

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these people. And this is not good. I don't know where your where your check valve is here, but it it seems to be in this area here. Um, please do not operate like this. Um, you heard it again here tonight about this how the

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east side gets everything. Uh, you also heard Mr. Jean come up here with the police chief and tell him how great his police coverage is in Ulita area. Um, I don't know what he's talking about that our light bulbs get changed instantly.

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That I I'm not even aware of that. I've been there over 40 years. I've never seen that happen. Um, as far as our pools go, uh, most of the people that live in Eastern Shores are in the over 55 buildings. That's where your population is over there's over 5,300

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residents in Eastern Shores and more than 3,000 of them are in the over 55 fixed income bracket. Most of those people don't have swimming pools or a wreck facility or a little park to walk around in. Um, and as far as us getting

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everything, I mean, it's just kind of the reverse of that. Washington Park's getting a $30 million facility. We're in this where in we don't we have a postage stamp for a little U tot lot. That's that's it. You got the the park in Alita. You got the gym in Alita. You got

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a gym at Allen Park, six or eight blocks away from Washington Park. So the concentration of facilities is is on the west side. So this division that he's trying to create about the people on the east side is is just a fallacy. They call it FOS full of you know what. So um

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please don't buy it. Um and then finally uh Mr. Mayor, you've been getting a lot of trouble lately and I blame it not on you but on your aid. Your aid wasn't here to defend you and protect you. keep keep those lobbyists away from you and keep those no bed contractors from

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bringing you pastalitos. I'm gonna apply for that job. So, I just hope you'll consider me because I'll keep you out of trouble. I promise. I promise I'll keep you out of trouble. Maybe they'll even make you mayor of the year after I get done with you. So, uh

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just keep it in mind. My application will be turned in tomorrow. So, I hope you'll consider me. Thank you very much. Next speaker, >> Kentley Jim. >> Good evening, mayor and commission. My name is Kley. Since I'm losing my voice,

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[snorts] [clears throat] first I would like to thank Commissioner McKenzie Florimmon for the proclamation and Commissioner J. turn off for the key the city to my mom and [snorts] all of you had something to do with it. Um, I

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would like to explain about East Drive. East Drive is a shortcut for everyone that's exiting the highway and going to Jackson North. So therefore, the road has not been paved in years and

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we were having problems over there. So, the city decided to find some funds that were left over from work done at Eastern Shores to pave the road in East Drive. After it

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was done, we thought that they were going to put some speed bump, but because we could not get the speed bump, the police department had to send a couple of police officers to see exactly what was going on there. I think that's why Mr. Jean was thanking the police

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chief about it. One of the things I like to speak about is the resident of the city. We give up our times to make a difference in these boards. And you will find that a lot of people

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do not want to sign up to be on the boards anymore because of the interference that's happening. One case is your city attorney trying to do away with the code enforcement board. Years ago,

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they took half of the code enforcement items and give it to a magistrate. That means you all, we all the resident are paying a magistrate, a judge to come here and do the work while the rest of

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us are giving our time free. Free. Now your city attorney that you all are responsible for have a problem and want to bring a magistrate to do the residential portion

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of code that we the residents who live here are doing freely. If the city have so much money that they want to waste on a magistrate, why not do something about it for the resident?

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the residents. We are sick and tired of money being wasted paying people that don't live on our city. That really is no use to us. We are here, your neighbors, trying to do the right

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thing. A lot of you know Peter Roland. He's tired of this. That's why he stopped coming because of all this interference. Magistrate to the left, magistrate to the right. Please do something and start really looking into it. Thank you. You hire

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these charter officer. Make sure they do the right thing by the residents. >> Thank you. Next speaker. >> That was the last line. Speaker, mayor. >> All right. Next item is uh >> announcements.

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>> Say it again, Madam Cler. >> Announcements. >> Announcements. Madam clerk, >> what is it? >> Public comment is closed. Thank you. >> Good evening, mayor, commission, city manager, and

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staff. And staff here. Okay. Um, my name is Patrick Blanchard and uh I represent our communications department and these are your announcements.

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Hello everyone. I'm Adrien D. Rozan, your AV and communications technician within the communications events and production division here in the great city of North Miami Beach. We got a lot happening around the city this summer. So go [music] ahead, sit back and take a look at what's coming up.

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We're back with another edition of your city commission meeting announcements, bringing you the latest events, updates, and opportunities to stay connected. [music] The summer season is in full swing, bringing opportunities to connect, celebrate, and stay [music] involved. From community events to key

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city updates, here's what's coming up as we continue our centennial year and strengthen engagement across [music] our community. We're rolling into an exciting new chapter for transportation in North Miami Beach. Residents are invited to attend the official launch of the new NMBB bus line service [music] as

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well as the addition of two ondemand vehicles at a ribbon cutting ceremony Thursday, July 23rd from [music] 5 to 7:00 p.m. at the Marjgery William Macdonald Center. This special event is in collaboration with Propel Mobility. Another milestone in our centennial year

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[music] and another exciting step forward for North Miami Beach. Good company is always on the menu. Join us for the senior lunchon on Friday, [music] July 24th from 11:00 a.m. to 2:00 p.m. at the Marjorie and William McDonald Center. Advanced registration

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is required through the Parks and Recreation main office. Registered participants will enjoy an afternoon of delicious food, fellowship, and conversation while celebrating the wonderful seniors in our community [music] because some of the best memories are made around the table. The celebrations continue with our

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Centennial Block Party in Skylake. Residents and neighbors in the Skylight community will be hosting another fabulous family fun centennial block party on Sunday, July 26th at the roundabout at Northeast 188th Terrace and Northeast 20th Court from 5 to 8:00

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p.m. The city of North Miami Beach invites everyone to enjoy an evening of music, games, and community connection. [music] Good neighbors, great music, great memories, and plenty of Centennial spirit. [music] The city welcomes all residents to connect with the Miami Day Tax Collector

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mobile unit on Tuesday, July 28th from 9:00 a.m. to 400 p.m. at the North Miami [music] Beach Library. The mobile unit will assist with driver's licenses, identification cards, vehicle registrations, [music] disabled parking permits, and other tax

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collector related services. A list of required documents is available on the NB city website. Save yourself a trip to the tax collector's [music] office and let the services come to you. Next on the calendar is the condo connect Northme [music] Beach Forum. NMBB invites condominium

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board members, property managers, homeowners, residents, and [music] industry professionals to attend Condo Connect North Miami Beach Tuesday, July 28th at 6 [music] to 8:00 p.m. at the Marjorie William McDonald Center. The event is a free educational forum

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designed to help condominium communities understand recent legislative [music] changes and local condominium ordinances. Admission is free, but registration is [music] required, helping our condominium communities stay informed, one conversation at a time.

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The curtain is about to rise on another unforgettable summer. [music] North Miami Beach Parks and Recreation proudly presents Legends Reloaded: One Last Encore, the annual summer camp show on Thursday, July 30th at the Julius Litman Performing Arts Theater. The performance

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gives campers [music] the opportunity to showcase everything they've learned throughout the summer for their families and supporters. It's a fitting finale to a summer filled with creativity, friendship, and fun. Mark your calendars for the first joint national [music] night out, school supplies giveaway, and

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health fair on Tuesday, August 4th from 5 to 8:00 p.m. [music] at the Marjorie and William McDonald Center. Come and enjoy the fun with your family for food trucks, demonstrations, displays, games, music, free haircuts, as well as arts and crafts. Pre-registration is required

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for NMBB residents. [music] Don't miss your chance to join Commissioner Phyllis Smith, City Manager Darvin Williams, and Police Chief Juan Pineos for another [music] informative Safety First Town Hall Thursday, August 6th from 6:00 to 8:00 p.m. at the New St. Mary's Missionary Baptist Church [music]

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located at 1550 Northeast 152nd Terrace. This is another opportunity for residents to share concerns, ask [music] questions, and learn about important topics impacting our community, including public safety, traffic, [music] sanitation, and hurricane

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preparedness. Your questions matter, and your voice helps shape our community. Another neighborhood, another reason to celebrate 100 years [music] together. Residents and neighbors in the Allen Park community will be hosting a family fun centennial block party on Saturday,

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August 8th from 5 to 8:00 p.m. [music] at the Allen Park Deleon Youth Center. NMBB invites everyone to enjoy an evening of family fun, music, entertainment, and neighborhood pride. Admission is free and open to the public. [music] And before we turn the

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page to a brand new school year, summer may be winding down, but the fun isn't over yet. [music] Join the North Miami Beach Discovery Library for the End of Summer Back to School Bash on Sunday, August 9th from 2 [music] to 5:00 p.m. at the North Miami Beach Discovery

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Library. Families can enjoy live performances, [music] summer reading prizes, a grand prize raffle, concessions, and family-friendly activities as we celebrate another successful summer reading program. [music] And get ready for the new school year. It's the perfect way to wrap up

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summer and welcome a brand new school year. [music] And finally, we arrive at the grand finale of today's announcements, one of the signature celebrations of our centennial year, the Centennial Symphony Concert. [music] Join us on Saturday, August 22nd, as we

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celebrate 100 [music] years of North Miami Beach through an unforgettable evening of music, culture, and community. Rather [music] than tell you about it, let's show you. Happy birthday, North Miami Beach. This is Commissioner Danielle Jean and we

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want to send a special invitation to all of our residents as we celebrate our centennial year for our official NMV 100 Centennial Concert happening August [music] 22nd right here at the Litman Theater. This concert is free for all of

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our residents. And if you are a community partner and would like to attend, your $100 donation will go towards the NMBB educational fund. So see you there. And remember, it's [music] a black tie event. As we continue celebrating our centennial year, these events reflect

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what makes North Miami Beach [music] such a vibrant place to live, work, and connect. For more information on these events [music] and other city initiatives, visit the city of North Miami Beach website or follow at cityn on social [music] media. Stay connected,

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stay informed, and keep celebrating 100 years of North Miami Beach and we'll see [music] you around the city. >> Good job. >> No. Um, she um she's gonna come up, but I just um Um, >> mayor.

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>> Yes. Go ahead because there's still one speaker left, right? >> Yes. Go ahead. >> Apologies. >> If you can reopen and close. >> Yes. The floor is now reopened from public comment. We have Star Breed Love coming forward. You have three minutes.

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>> Thank you. Good evening everyone. Um, hope all is doing well. My comment is a quick comment. And I want to start off by saying my name is Star Breedlove, a stakeholder in Washington Park in north in the city of North Miami Beach. I want to start off by saying thank you to the city clerk's office for helping us and

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facilitating the event for the community outreach of voter registration, having the elections office come out and we look forward to um what we're going to do in before November. With that being said, just a quick note that Washington Park is not getting a $30 million pool

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and park. The city of North Main Beach is getting that facility. It happens to be located in Washington Park and it wouldn't be $30 million if this was done many, many years ago. And with that being said, that's it. >> All right.

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>> Madam Mayor, >> Madame Clerk, >> city commission report. >> Okay. I I'm just >> public comment is closed. >> Thank you. If we can keep because we have a packed agenda, we can keep our public comments in two minutes if possible. So that's what I was asked for. Okay. Um can you please go?

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>> Commissioner J. Shernoff. >> Good evening everybody. I'd like to announce my um public engagement schedule. Ulita Thursday, July 30th and Allen Park Wednesday, August August 5th. And I'll announce others later. I I have

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to clear up something and and first I want to say congratulations to Jimmy Jasmine on the North Miami Beach alumni picnic. What a great job he did. We gave a key to the city to him and boy was it crowded and they everybody had a great

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time. They were all hot. Um obviously it was from early in the morning till late till 7 o'clock at night but it was a great event by all. I have to clear up something. My opponent has brought out

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that I said that the um voters in November weren't as informed as the voters in May. Well, that was misconstrued. I didn't mean that if that's what came out. Okay. All voters are wonderful. I really appreciate them.

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And voters are the same whenever they show up. And the difference between the November and the May is that the May it's going to be truly a North Miami Beach agenda where we have only our

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stuff there which is a better as far as I'm concerned but that's what your charter committee which my opponent was on recommended that we move it to May. So again I just want to clear that up. Thank you. >> Thanks. Thank you >> Commissioner Danielle Jean. Thank you.

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Good evening everyone. Wanted to start off by thanking all the residents who took the time to speak on the issues that pertain um near to their hearts. Thank you for sharing. Uh I wanted to also um remind our city attorney about

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the leans update. I'm definitely looking forward to receiving an update on the commercial leans recovery. So hopefully you can present a report to us soon. Um and also Mr. manager. Are there dates confirmed for a budget hearing for us

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yet? >> Yes, I could. Uh I'd like to call up the budget administrator, Bob Anathan, to provide you those dates. >> Thank you. >> We could have it in the report. He has >> Good evening. Good evening. Bob Anathan, budget administrator.

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>> Uh I think the dates were in the agenda cover memo for September 10th and the 24th. >> Thank you so much. Yeah. >> Kenny, can you speak up please one more time? >> I'm sorry. The dates uh are going to be September 10th for the first hearing and the second hearing will be September

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24th. >> Thank you. Thank you so much. And so [clears throat] Mr. Manager, I know usually we always get a workshop before the dates. Um so if there's any way that you can give us send us some more information on some of the changes that would be there so that we can there is

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there a window for us to submit anything that we want to see? obviously a shorter window. So, if you can send us some days that would kind of help us um adjust our schedules to what we wanted to add to the budget. And I also want to remind residents about the weekare program for

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those of you who have issues with your water bill. We do have the weekare program and I'm hoping that there's still funds um in that program for residents to be able to partake as a lot of individuals have reached out about their increased water bill. Thank you and have a good night. >> All right,

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>> Commissioner Phyllis Smith. Thank you very much. Um, there's a few comments I'd like to make, maybe I should say as usual, uh, number one, most important of all, is when you talk about districtricing,

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what what a joke, especially for me in my seat, to hear somebody say that if you live in Eastern Shores, you get everything instantly. I've been living next door to a vacant house. The grass is up to my knees, the

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rats, the black pool, the mosquitoes for four years. Actually, four and a half, who's counting? I've been on the phone with the attorney, send pictures, been on the phone with the manager, the previous manager, the previous

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everything. I am still with the rats. And guess what? We have now a little baby raccoon. You know what that means? We have a mother raccoon also over there. So, it's a very interesting concept districting. Talk about

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Washington Park being the neighborhood that the North Miami Beach pool will be going into in the pool complex. But would they have given that money to an area that has a complex and maybe a mile and a half away if we hadn't all

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voted for it? What about the splash pool? And that's going to be have a ribbon cutting hopefully the end of this month. How would they have got it with one person trying to get the money and pulling the

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money? Cuz everybody would want money. This whole concept of you being representative strong and tough by one person. No, you're losing five other votes. the

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mayor, the mayor gets a vote, but those five other votes that you could pick up and call and beg them and lobby them and tell them the need and call them and come over, you're going to lose those votes. So, this whole concept is really

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a lot of um propaganda. I've been sales for almost 50 years and I know a salesman when I see one. Um, Friday is our lunchon at uh for the seniors from 11:00 till 2:00. It's always sold out

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with the best price ever. Our favorite four-letter f word, free. Free. But you must call. You must register. You can't just show up because of the fire constraints.

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So, you must call and register. the block party on 188th Street and 20th Court on Sunday. I believe it's from six o'clock, five o'clock, 5 to 8. Um they're going to actually close off the

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street. So come and have fun. If you with the block party that we had Fourth of July, you would see they have everything from stilts, face painting, magicians, water eating contests, which I might add, I didn't win, but I did

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come in ninth out of 10 people. So, I'm I'm a winner. Um, I also want to state that, you know, what happened tonight with our giving, we we ran over time because we had a lot of people we wanted to honor, but what

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happened with giving these honors, you saw so much public service, so much good in people. So, I love it when you find something that needs to be repaired in North Miami Beach, a deficit that we have to fix. But just remember,

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we have a lot of good people in North Miami Beach that are doing a lot of good things. It's there's just so much out there. Open your eyes and always look at the cup is half full and not half empty. I also want to tell you that,

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you know, um, North Miami Beach has a long way to go, but we've come a long way as well. So it's going to be very interesting about the expense and how much it costs and what are we doing to curtail the cost so that we can improve

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the city. Very interesting because as all of you probably did I got my water bill too and my water bill didn't go up by much. Myself and my husband only about $250. $250 my water bill went up. I want you

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to know, do not blame North Miami Beach. Please don't blame North Miami Beach. It's the sewer that they raised from Dade County. Dade County raised their sewer cost and they're going to do it again 17%. Manager and I discussed it. They want to

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raise it another 12%. So, the only thing I can tell you is watch what happens. Watch what we're voting on. septic tank to sewer. What a sticker shock that will be for

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people that have a septic tank now. So, with that, I want to close by saying good things. Good things that um North Miami Beach is going to have a wonderful celebration. I wish we could have a gayla, but a gayla

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is extremely expensive. You exclude people that can't afford the ticket, etc., etc. So, but we're having a wonderful centennial celebration neighborhood by neighborhood. And please, you do not have to live in the neighborhood to come. Come to Sky Lake. Enjoy it with all of us. Meet new

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neighbors. Have a good time. And have a safe summer. And remember the most important thing. If you don't know how to swim, you have to learn how to swim. And make sure everybody in your family knows how to swim. And be sure to vote.

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Don't forget to vote. Thank you, Commissioner Fortuna Smuggler. >> Um, thank you. So, Commissioner Smith, you may have won the watermelon eating contest, but I won the hula hoop contest. So, >> I I wouldn't say you won, but I did see

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you swirling your hips. Yes. Yes, I did. >> My hips don't lie. And yes, I won. [laughter] >> [gasps] >> Um okay. So um on Tuesday, August 4th, um

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the Commissioner Status of Women together with National Night Out, we'll be doing the back to school uh school supply giveaway health fair. We're Oh, and the UMC

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free clinic as well as as as well as um a lot of different health uh organizations going there to um make sure that the children start school with school supplies and with a healthy start that starts at 5:00 p.m. And we're doing

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it together so that we can make it bigger, better. Also, I want to wish um all the people that celebrate tish that starts tomorrow night um an easy fast

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and um Mr. Attorney, I wanted to ask you a question. Um, so the mayor's uh aid either through herself or through the mayor um filed an an ethics complaint against me which was thrown out and that

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is costing the city money to because I had to hire an attorney. Are we allowed to ask her for the money back? Um, I haven't seen the document that was entered by the ethics commission

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dismissing it, although it's not unexpected, >> but under some circumstances, we are, and I will investigate that and report back to you. Uh, depending on the specifics of how the dismissal occurred, >> insufficient. Um,

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>> well, I understand, but I have to read what it says. But I will look into that and if we can then I'll pursue it. >> All right. I I would like you to pursue. >> I'll report back to you on that, Commissioner. >> Uh it was I believe it was like $250, but the point is it was baseless

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and a waste of uh time. So um All right. So actually, Mr. Lambert, when you were speaking, you can't see the people behind you or to your side, but when you were mentioning that Eastern Shores has a small park, um the previous speaker,

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the one who thinks that Eastern Shores has everything, um was thought that it was funny that we had a small park. He was actually laughing at that or smirking. >> Yeah, it's a it's smaller than this right here.

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Oh, yep. >> True. But you're But we're talking about the east side that supposedly has >> But you can go to Grenles Park. We can go to Alita. >> Oh, yes. And Olita charges a fee, by the way. And just to get into Alita, if you

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walk there, they still charge a fee. And if you drive there, sometimes you have to wait an hour in line just to get in. And to walk there is probably a few miles just to get to the actual a pavilion. So, no, we technically don't

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have Oolita. Um, also I wanted to say that on June 30th, we received a letter from um JC Plannis, who is the attorney that's represent Mr. attorney. I want to

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make sure you're listening to me that uh we received a letter from JC Plannis who represents the the stronger NMBB and um it it said that on March 26, 2026 that

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the commission refused to hear. Are you listening to me? Oh, >> I received that letter. >> Um I replied to Mr. Planus that uh well

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we disagreed with his conclusions in writing. The commission never refused. >> Okay. >> That's what I want for the record that we did not refuse. >> It was only presented to us two days prior to our meeting which was a delayed meeting was a week after when our

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meeting was supposed to be because people were away. He also said that the committee uh pushing that had deemed that the item was approved on a date of their choosing and I told him that we

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didn't accept their ability to make that decision and I disagreed with his conclusion and found that it was a different date than the one that he advanced. >> All right. So, >> did you not get a copy of that? >> No, I did not. >> I did not. >> Oh, I'm sorry. Okay,

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>> but I would love >> I'd be happy to circulate that letter. That letter was sent weeks ago, but I'll be happy. >> Okay. And I would love JC to apologize to us because we did not refuse and we was did not do anything purposely as he stated in his email.

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>> Uh I would be surprised if we got that apology, but uh uh we certainly pushed back and disagreed in writing with what his position was. I believe his position was not warranted by law. >> All right. So, also speaking of that

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petition, so the so there's like some discrepancy whether there's 17,000 voters in NB or 24,000 voters, but let's just say it's 17,000 voters um for um argument's sake only to make the the the

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the petitioners have an easier job, right? So, um they the the um the Department of Elections came back with stating that only 978 signatures were certified. >> That's correct. Okay.

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>> I'm going to defer the clerk. That is my understanding, but the city clerk is the one who's been directly in touch with the supervisor. So, let me defer to her. She can answer that. >> She did. She just said yes. Correct. So, so of the 17,000 um 978

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um signatures that that's approximately 6%. So, assuming the 17,000 was right, some people say it's 24, but again, I'm trying to make it e easier. Um just for argument sake on the petitioners. Um so,

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only 6% was reached and that was uh not our fault, right? that was not our doing. That had nothing to do with us. We gave them the two months. We gave them time to come back with that circulator that they did wrong. We

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didn't do wrong. So, um the unless they can get um another 4% signatures by >> today. Today, >> is it today? Um,

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>> I apped as to when >> uh their 90-day window started. >> Um, I'm not a judge. >> I have an opinion. I rendered my opinion. I'm sorry. Did not seek. >> Well, anyways, it actually doesn't matter. But it is what it is. >> It doesn't even matter because it has to

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be it would have to be in by the 24th regardless because that's when the elections department needs it. So even opine on that, but >> that's the circulator's issue. That's not our issue, right? They have counsel and what they do about it is up to them.

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>> Okay. So, anyways, regardless, even if it was the 24th, it would have to be by the 24th regardless. Even if we're we're if it's not the 21st, it's not the 22nd and it's not the 23rd. 24th would be the cut off date because that's when they

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have to have it for for it to be able to be on the ballot. >> Yeah. >> Mr. Attorney, you clearly stated to this supervisor of elections office that you think that the petition starts on a

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certain day. It's not an opinion when you count 90 days. So, I don't understand why you can't opine. >> Well, I said I did opine. I opined as to when the start date was. There was some confusion about it. The supervisor's

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office said they would not begin reviewing the petitions without something from the city as to when that 90-day period started and I rendered my opinion. Ultimately, these issues will

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end up perhaps in front of a judge who will make a decision and you know what the uh group or its council chooses to do is up to them. Um, >> I believe you said it was April 21st, right? >> Pardon me. >> You said it in your email. I think it

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said um, April 21st. Is that correct? >> My opinion, >> and I did give an opinion. I was told by the supervisor they required one or they would not process them. My opinion was the most reasonable date to commence it

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was April 21. And I rendered that opinion now I don't know couple two two and a half weeks ago. Now whether you know if it goes to court some judge will make a decision on it but that was my

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opinion as the most reasonable date to answer Commissioner Smuckler. And that's I rendered my opinion and I thought it was the best choice. It's a little bit of a complicated fact pattern. I laid out the facts in the letter. It

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disagreed with the position taken by the council for the group supporting the petition and that's my opinion and you know what what further proceedings might have or the the deadline I those those

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are not my decisions. >> Thank you. I appreciate it. So so anyways back to me. So, um, so, um, I'm I'm I'm jumping around a little bit here. I'm I'm going to go back. I'm sorry. And not sorry actually that I'm talking so much, but um, so the

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the the speaker previously was saying that um, districtricting is better because of Eastern Shores. I I'm not I'm not sure why everything is about Eastern Shores when there's four commissioners that live on the west side. And um

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basically what that speaker was saying is that Eastern Shores is not important. Well, guess what? When you what guess what? When you run for office, every community is important. Everyone is equal. Every community is important. I

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love all my communities and I take care of all my communities and I'm sure I have witnesses here that will say that that is true and I can say that for all seven all yeah all seven of us here I think we we treat our our everyone

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equally. So for someone to come here and start saying that districtricting is important because one community gets something and the other community doesn't get something. You know what? Phyllis Smith gets uh rats and raccoons. So, you know, and and she's in Eastern

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Shores. >> I don't have a swimming pool. >> And she doesn't have a swimming pool. So, what >> she >> My little dog comes and takes care of us. >> You can have You can have the rats. We

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have rats. You can have them. Um anyway, so back to where I was. So, um [clears throat] Mr. attorney. Let me look at my notes. I just wanted to tell you that I Are you listening to me?

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Okay. I like to be looked >> making a note about the matter you asked me to follow up on and I promised you so I'm just noting it to my assistant that I need to get that followup done. But go ahead, please. Yes, I am listening to you. just like I I I want to express my

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concerns about this whole smarter NMBB um and your role in it. I'm I I have concerns that um because I you know like Okay, so you have several clients, right? Several cities that are

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your clients, but the cities are your clients and and and I'm looking at the picture I'm looking in right now is NMBB is your client. you I don't >> absolutely >> I don't care right now about the other not that I don't care about the other cities I'm not talking about the other cities I'm talking about NMBB

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>> and I I just feel that your involvement in this um um that petition that that because it's endorsed by the Democratic party and because you're in the dem Democratic party and because you have a

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relationship with Mr. planis, who I have nothing against. I I actually happen to think he's a a super guy. Um I I'm concerned that you're you're giving advice to them and you're not

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focusing on on our city, that you're giving advice to the petitioners when you shouldn't be doing it. We're your client and not them. Um, I I just feel like you were helping JC. I feel that by you talking to him that

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you were giving him advice. I I just need to say this. I've I've said it to you before and I still um I think I still think it and when I was talking you to you last night about this petition about how they don't have their

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um all their um the they didn't make the 10%. Like I I felt like you were well they can do this and they can do that. Like I felt like you were being like on their side when I didn't feel like your loyalty was with the city of North Miami

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Beach. Now your loyalty shouldn't be whe whether the city of North Miami Beach um gets does the petition or doesn't do the petition, right? that your loyalty should be that you're just you're equal, that you shouldn't um that you're non um

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you you don't pick sides. You're not supposed to be picking sides, and I feel like you're picking sides on this issue. >> May I respond? >> Yes, of course. [clears throat] >> I don't take sides on that issue. >> I have no side on that issue. As I've

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told you before, as a 40y year member of the Democratic Executive Committee and a former chair of that body 25 years ago, >> I mean 25 years since I was chair. I am active with the Democratic party. That's

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always been the case. Now, this matter endorsing that petition drive came to the Democratic Executive Committee at a meeting that I int attended by Zoom.

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I was I spoke at that meeting. I voted at that on that meeting at that meeting on other things. I voted, for instance, to support a position that the party took opposing this uh property tax

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referendum that the legislature has put on. when they came to this item because it involved my client, the city of North Miami Beach, to whom I have tremendous loyalty, and you personally

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have seen me be involved with this city long before I was city attorney under many former mayors. Um, I made the decision that I would not speak on that item

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and when they called for a vote, I did not vote on the item. I didn't even take a formal abstension. I was silent. There is a record that shows who voted. I was not a voter and they have a record of

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the meeting. I did not speak on it because I thought it was a conflict. I make it a policy when attorneys who have business before the city call on me

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without exception. I speak to them. I listen to what they have to say. I frequently disagree with their positions, but I'm always willing to listen. And if there's something that can be resolved on

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hundred different matters that have come before us, some of them the commission never sees or hears about, but I always speak to attorneys because I don't represent a private client.

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I represent a public entity and we have some obligation to at least hear members of the public because they have a constitutional right to redress of their grievances before

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city government and so I will hear them out. any attorney. Some members of the audience today will tell you if you ask, as I have said to you personally, that I

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think the other side so to speak of this dispute, the wakeup group would be well advised to hire an attorney. It is an ethical consideration of every attorney in the Florida Bar to advise people who

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need legal help that they are well advised to seek legal assistance to present their matters legally. I recently spoke to an elderly couple in the city who had an issue with an

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alleyway and were very frustrated and I said to the same thing to them. They would be well advised to hire an attorney. >> Mr. PL, let me please finish. No, you've been with all difference, Commissioner. I'm sorry, >> but I I will not

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>> allow my integrity as an attorney >> to be questioned without responding to it. So, please let me finish. >> You've you've said some things that I think are serious and I have to respond to them. >> Um, the fact of the matter is Mr. Planus

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reached out to me. He wrote and called on a number of occasions. I speak to him as I would to every attorney that reached out to us, ones I don't like, ones whose clients I don't like because

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I think it is a public obligation. I disagreed in writing with the position he took in the letter that you referenced. that certainly is not acting on behalf of that group. And I don't give legal

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advice. I do tell people when asked, if I'm able, what the city's position is regarding the matter they inquire about. That's not giving legal advice. That's stating where the city is and how I see

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what our obligation is. I've not given them any legal advice. >> I would not. But I do listen to what's said as I do for every single attorney and I tell them if possible what the

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city's position is and what they do with it is up to them. I absolutely have not taken sides in that matter. Would not have not do not. I've just

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listened to what was asked and when I could responded including vigorous disagreement with their position. I hope that clarifies. >> All right. I is is that meeting like a public

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record? Like is that a public meeting? Like can one find out how people voted on that on those items? >> Yes, ma'am. That's available. They have those records. You could look that up with the Democratic Executive Committee. You can inquire directly. >> Was the mayor there? Because I know he's

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>> I don't recall whether the mayor was present. I was virtual. Let me say you >> I was virtual. >> Vice chair. Sorry, >> Commissioner Smuckler. I was virtually attending the meeting. I don't know. So I don't know exactly who else was in

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attendance. >> It's It might be a conflict for you to vote. So I'm just asking if >> But I did not vote. Not you. I'm talking about the mayor. I just changed it. Okay. I I still I still think that you you you have you assisted the council

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>> of um of uh Mr. Planis. I I I feel like you assisted him and I'm entitled to that opinion. So, I'm just saying that that's how I feel. And um thank you police North Miami Beach Police Department for always taking care of all

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of us. >> Please Commissioner Lyn Sue. >> Good evening everyone. Um, okay, that was a pretty heavy conversation. So, [gasps] with the support of our city manager's

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office, uh, I had the honor of representing North Miami Beach as a member of the National League of Cities for the Energy, Environment, and Natural Resource Board in Louisville, Kentucky. I successfully advocated for federal legislative priorities that expanded

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grant opportunities for smaller cities and streamlined the federal federal grant process for municipalities with limited resources such as our own. Those priorities were adopted by the EENR board and now will become part of the

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National League of Cities federal advocacy efforts in Washington. every additional federal dollar we secure as one less dollar from our taxpayers in North Miami Beach. So, this is like it's

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a big win for me. I'm super happy about this and I wanted to share it with you. Um I work closely with the um city manager Darvin Williams and um public works public utilities director Hamid Nikvan. Thank you for your advice, your

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support, and um now we move on to the next step is to get those federal policies that we um submitted through NLC to get them approved so that we can bring dollars to North Miami Beach. A lot of people ask me why I went to Kentucky. So, I wanted to share that.

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Separately, I'd like to share something exciting about our financial education news. So, um you as you know last week we had a um had a $1,000 saving account initiative. I know that the minute some people hear like who that account is by

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how it was created, we all shy away from it. But I really want you to think you pay taxes to whichever president, whichever party it is, you deserve to capitalize on it. if your family, your grandchildren, you have family members

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who can access that $1,000 free, if you were born in 2025. So, I suggest money is green. I don't care if you're red or blue. So, please take advantage of it. It's very important. Okay? And one thing that we need to do is we need to learn

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about how people create next generation wealth. So, that's something that I want you all to look into. Um, we have a recording of the video. I will ask it and see if we could put it up on our YouTube. So, if you missed the event, you can always go back and watch it.

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Now, the other good news is the IRS is coming back. So, um, after this event happened, they, you know, they said they offer X, Y, and Z services. One of the services that I thought was very interesting to our residents is free tax

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filing. So, I'm bringing this early next year for anybody who doesn't want to pay H&R Block or, you know, into it QuickBooks or whatever it is that you file Turbo Taxes. You don't need to pay for that. You can get your taxes done

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for free here in North Miami Beach and they're going to offer that. I'm bringing this to the city. So, that's good news for all of us. As we continue celebrating our centennial here, I want to thank everyone for attending the July 4th. We had a really great event. It was

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so much fun. I intended to go be a little for a little bit because it was really hot, but then I ended up staying till almost the end. So, even I had so much fun. Thanks to the city manager for and the uh procurement for selecting a very good vendor. Um they were very

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complete. There was games, activities, music, food all the time. It was always something happening. So, our block parties are going to continue to be even better as we um approach the centennial year. So, I would love to make sure that you all keep attending these events. We

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host them for you, not for us, okay? We want you to be there. So, um July 28th, we have a condo connect event. Okay? So, if you are a condo dweller or you are someone you know, a condo dweller or someone who is on the HOA board of a

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condo, please come here, ask your questions. The city had passed an ordinance that is a companion to the county's bill and the state statute. So, with that, you will have all the resources there. whether you wanted to talk to an attorney there, you wanted to

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talk to the state legislators, uh Senator Anna Maria Rodriguez will be there, um our our very own um state representative Wallace Aristed will be there to answer any questions or anything you want to propose for the next legislative session. We also have

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experts, I mean building experts, engineers, everything you can imagine. They're all going to be at the event for you to ask your questions. So, this is super important. And of course, like I want to echo what um Commissioner Smuckler was talking about, which is August 4th, our night back to school and

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our night out as well as the UMC free clinic. So, remember the UMC free clinic is for people who don't have insurance, right? You can um get your health checked out. You can get free medication. Everything is free. Um Commissioner Smith's favorite

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four-letter word. So, okay. Um, we're in the heart of summer right now. I know it's super hot. Please stay hydrated. This is very important. You know, remind yourself to drink water. Dehydration, like deaths are real. So, I mean, like,

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you'd get a massive headache before that, but, you know, make sure you drink a lot of water. Um, make sure you have your hurricane preparedness plans, your supplies ready as we go through hurricane season, and I look forward to a good meeting with my colleagues. Thank you,

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>> Vice Mayor McKenzie Freyon. >> Uh, thank you, Madame Clerk. Uh, thank you to everyone who has joined us this evening for tonight's meeting and everyone who spoke during public comment. [snorts] Um, so I I know that during public comment, there was a

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conversation about uh the library and I just want to reiterate uh that um the manager um I would to the manager that I would like an update on what's going on with that. I'm sure that my colleagues would probably um

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request the same uh type of an update as well. Um you can choose how you do that because I'm not certain all of the details and the inner workings of the conversation of the library. So if it's best to do something face to face or if

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it's best to do something written documented that's your office to make that decision as to what is more appropriate. Um I I I think you should have that leeway uh because of whatever legalities and implications there may be, but I do want to know what's going on with uh the library. Aside from that,

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[snorts] uh Mr. uh city attorney, if you can also give us an update as well on the U magistrate comment that was made uh in regards to code enforcement uh so we can be up up to date as to as as to what's going on in relation to that comment. Do

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you want that now? >> No. At your at your discretion. >> Right. >> I'm just saying if you'd like. >> No, no, no. That's I'm I'm just making the comment. If it's something that you can put on the record tonight, great. If it's not, >> then you can Okay. You don't have to do

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it during this minute. You can do it during your attorney's report. Um, all right. Aside from that, pool safety very, very important. We have classes here at the city of North Miami Beach. My understanding is since we voted uh before that those classes are free,

442
02:14:17.280 --> 02:14:35.119
still continuing to be free. All right. So, I know I'm getting two I'm getting one one nod and one >> I know we I know we voted maybe a year ago >> that we were doing classes at the pool for free or waving the fees for um for

443
02:14:35.119 --> 02:14:52.159
either entry or the classes as well. >> Entry. >> Okay. So, it's free for residents for entry, but programming like the classes, uh, there is still a fee. It's a minimal fee, but it's it's a fee. >> Okay. I feel like we voted on that, but >> we did vote on free

444
02:14:52.159 --> 02:15:10.800
res. >> Correct. >> All right. Well, if we did, Madam Clerk, if if we if you can find out whether we've actually voted on the classes, I I don't know why I think that was also because I think the entrance or the the there were classes that we voted on

445
02:15:10.800 --> 02:15:27.679
because of some of the things that happened in our community, >> I feel like we uh had a conversation on that. And >> since I don't know exactly what the uh end result was, I'd like to find out. >> Definitely, we we definitely look and relook. Um but that's the direction that the city manager at the time um gave us

446
02:15:27.679 --> 02:15:44.560
and I'm I'm assuming I shouldn't assume but assuming that was the direction from the commission. >> Okay. So we'll get the exact whatever the directive was exactly. >> I remember there wasn't enough money so you it be we it was like first come first serve and we said no we wanted everybody to get free swimming lessons.

447
02:15:44.560 --> 02:16:00.639
So I appreciate you bringing that up. >> Yeah. And I'd like in just real quick >> one moment. Let me let me let me finish please. Thank you. Um, so you know, whatever the result was, at least we know so that way if the classes aren't free, we can hopefully make make that happen. Um, [snorts] and then moving on,

448
02:16:00.639 --> 02:16:17.520
I'm almost done. Um, in addition to that, um, uh, I think Commissioner Sue mentioned the temperature, um, that it's it's very hot. It's summertime, and what we're noticing is that during summertime, there are a lot of accidents and a lot of tragedies that happen, especially to school age children who

449
02:16:17.520 --> 02:16:33.359
are um, at home during the summer. So, you know, we we just ask that, you know, people are vigilant and make sure that not only you stay hydrated, but that, you know, pool safety is very important. If you have a pool, make sure it's covered, make sure there are the appropriate measures so that if your children are going in and out of the

450
02:16:33.359 --> 02:16:49.840
home that, you know, uh so that we can prevent tragedies, as well as children in the vehicles, uh to to make sure that you're always looking in the rear seat to make sure that there are no children that are in the rear seat when you're exiting your vehicles. Those things are very important. So we we urge you here

451
02:16:49.840 --> 02:17:05.679
from the commission to be very very aware especially during the summer months of um safety of adults and children as well. Uh that's it for my public comments. Thank you so much >> through the mayor. Just um swim swimming lessons. We had adopted a resolution

452
02:17:05.679 --> 02:17:23.200
that accepted children's trust. This was actually there was a presentation from Miami date legal cities that we attended and the children's trust is that that yes commissioner that's that's through the school board and we do give free swim lesson not through the school board but through the schools. So we have

453
02:17:23.200 --> 02:17:39.120
elementary schools that come to us um during school year and we provide swim lessons to them for free. >> The children's trust you mean? >> No >> through the county through paid for by the children's trust. >> Oh okay. Okay. Yes. So, we have an

454
02:17:39.120 --> 02:17:54.559
agreement and you guys voted on with the county that they're getting funds through the Children's Trust and we do provide free swim lessons through that program, but during our summer program or not through that program, there is a fee for swim classes. >> Got it. Thank you,

455
02:17:54.559 --> 02:18:14.240
>> Mayor Michael Joseph. >> Just want to have a everyone just want to have a speedy meeting. Next item is manager report. Thank you, Mr. Mayor. I'm going to put myself on a timer here to adhere to your request to get this done expeditiously

456
02:18:14.240 --> 02:18:35.359
as possible. I'd like to start off on a high note uh by acknowledging two new hires. Um I'd like to uh acknowledge our new HR director, Sean Hves. [applause] um very ca HR director uh very capable

457
02:18:35.359 --> 02:18:55.280
very competent and like myself has a law background. I'd also like to acknowledge our new budget administrator uh Bob Anathan uh a very educated young gentleman both Harvard and Yale educated and we are very very ecstatic uh to have him on

458
02:18:55.280 --> 02:19:12.000
board. Um so as the commission may be aware uh the initiative pushed forward by my office the one city one team uh we are moving that into a fiscal cons conservation plan uh phase one was strategic workforce optimization uh we have move forward with that phase uh

459
02:19:12.000 --> 02:19:26.880
that is optimizing some jobs that are here to condense them and also eliminating some jobs where we have uh topheavy departments. Uh that has resulted in over $3 million in annual savings to date. uh and we'll continue to move forward that during the budget

460
02:19:26.880 --> 02:19:44.479
season. Overall, um we have not presented you to the budget, but to this date, we have eliminated almost $11 million in expenses in the budget that we will be presenting. Thank you. [applause] I'm very ecstatic to move that move that

461
02:19:44.479 --> 02:20:01.920
forward. Um we are next also going into phase two of our one city, one team fiscal conservation plan is that is fleet optimization. Uh that includes looking at our fleet and every department to see what vehicles can be eliminated, where we can purchase vehicles instead of leasing them. So

462
02:20:01.920 --> 02:20:18.880
that that at one point in time those that monthly and annual expenses goes away. Uh we are targeting hopefully $3 million in savings uh by the end of that phase. Uh last but not least, as far as the expense reduction, um phase three

463
02:20:18.880 --> 02:20:34.880
will be event management. Uh we have a new law that has been passed by the state which also um targets uh certain types of events uh considered DEI. Uh those will not be in the budget moving forward. Uh they will no longer be

464
02:20:34.880 --> 02:20:51.280
recurring expenses or anything that we are permitted to fund. So those events will be eliminated and we're also looking at how we can optimize or reduce the expense on some of our larger annual events. Uh so we're targeting up to $500,000 in in savings for uh that phase

465
02:20:51.280 --> 02:21:07.520
as well. Uh next we have revenue generation and optimization. So we're looking at uh several different ways we can optimize our revenues. Uh as you all know we have u uh strategic uh plans being executed across multiple departments looking at our fees uh

466
02:21:07.520 --> 02:21:22.479
versus the market. Uh we'll be bringing those to you uh at a later date closer probably likely in the fourth quarter uh of this year. Uh just to update you on our ARPA findings. Uh we have uh as I have reported previously uh the previous

467
02:21:22.479 --> 02:21:38.560
CFO uh reported to the US Treasury that we did not appropriately allocate $3.2 million uh in ARPA funds. Um after completing an internal audit, we actually found that number to be closer to 5 million. However, we do have a

468
02:21:38.560 --> 02:21:55.439
strategy that we are pushing forward on, and that is to reallocate those funds uh toward salaries, which is a permissible use. Uh we haven't gotten a response back from the uh US Treasury yet, which has demanded the return uh of $3.2 million in ARPA funds, but that is the

469
02:21:55.439 --> 02:22:10.319
position that we're taking as the city of North Miami Beach so that we don't have to return any of the ARPA funds. Um we are also preparing uh through our budget uh the impacts of HB1451 which would be an annual loss of $9

470
02:22:10.319 --> 02:22:28.000
million. So while we celebrate uh the savings that we have realized so far we still have a lot of work to do. In addition um as you all know and it's been much discussed the property tax exemption increase is uh going to be on the ballot if it hits 60%. We have to be

471
02:22:28.000 --> 02:22:43.439
prepared for uh to absorb those losses as well. So, we will continue to execute budgeting saving strategies and continue to um share those with the commission as we find them. Um

472
02:22:43.439 --> 02:23:00.880
next, I'd like to uh discuss the plan uh again for the building department. We have that is an enterprise fund. So, those funds that are received uh by state law in the in the enterprise fund for building department cannot be intermingled with the general fund. And

473
02:23:00.880 --> 02:23:16.000
we are supposed to have according to state law for a city our size no more than $4 million in our building department. We are more than double that and we must find a way to reduce those in order to comply with state laws. Uh we are looking at several different

474
02:23:16.000 --> 02:23:32.720
strategies including uh establishing uh for the city of North Miami Beach a school uh for permit clerks and building officials which currently the state of Florida does not have which would make the city of North Miami Beach a premier location for all city employees for

475
02:23:32.720 --> 02:23:48.880
building licensing and permitting services. Uh we'll continue to keep you updated on that as that plan uh moves forward. I'd like to also acknowledge uh just very very quickly the work of the communications division uh with our centennial block parties. Please stay in

476
02:23:48.880 --> 02:24:04.560
tune for those. Uh they have been greatly successful. Um next our finance department. We have two departments where we have significant challenges in finance department being one. Uh community development being the other. Uh finance department. I am very very

477
02:24:04.560 --> 02:24:22.319
excited to announce that we have an incoming CFO with the CPA that starts next Monday. >> Yeah, [snorts] >> we've already hired as you've heard tonight a new budget administrator and he also has bringing forth with him a

478
02:24:22.319 --> 02:24:38.319
new assistant. So, our budget team is complete. Uh I'd also like to acknowledge the work of CFLG and CBS proclamations. As you all are aware, for the first time in three years, the city of North Miami Beach submitted its annual state required audit on time. Uh

479
02:24:38.319 --> 02:24:54.560
yes, which which allows us to avoid state financial oversight, which is just another scenario that as your city manager, I was unwilling to go back to. Um so very very excited uh to um avoid that. Um there are ch there are

480
02:24:54.560 --> 02:25:09.200
challenges that we are still facing in the finance department. Um, however, we are addressing them as we as they come. We did receive a IRS tax bill for $9.2 million. Uh, however, before you get alarmed, uh, we believe that that is a

481
02:25:09.200 --> 02:25:25.120
booking era and we're looking to get that addressed um without paying a single additional penny. Uh, that's the stance that we have at this stage and we're going to continue to work on that. But since it's such a large number, I I believe it prudent to not only let our

482
02:25:25.120 --> 02:25:41.280
residents know, but of course to inform the commission that we did receive this bill. Um bank reconciliations, which are supposed to be done on a 30-day basis, are still significantly behind. Um however, we are making progress. We were nine months behind in doing our bank

483
02:25:41.280 --> 02:25:56.560
reconciliations, and now we're six months. In addition, the city has uh hired uh additional support um which is on the agenda tonight for us to u address our accounts receivable department and our accounts payable

484
02:25:56.560 --> 02:26:15.200
department establish SOPs processes and procedures so that the finance department can move more smoothly. Um, [snorts] skipping to human resources, I'd like to announce uh that as of next month, for the first time in uh several years, all

485
02:26:15.200 --> 02:26:32.319
city employees, that's every single employee for the city of North Miami Beach will receive a performance evaluation. So, [snorts] yeah. And we see the employees are applauding that. That is also because uh what we

486
02:26:32.319 --> 02:26:46.960
will find in the budget uh what you will find in the budget which I'm um praying for the support of the commission with uh are uh opportunities for merit increases. Uh we we will uh intend to put in the budget uh uh merit increase

487
02:26:46.960 --> 02:27:02.640
for 3% for all employees that earn them. uh they're not uh going to be obligatory, but for those those employees that are here that are providing exceptional service and their supervisors or management identify them, that should be an opportunity uh for

488
02:27:02.640 --> 02:27:20.080
them to uh increase their salaries. Uh in addition uh we find that having not had a pay plan uh for several seasons that some of our salaries are submarket and for that reasons we want to at least uh have a cola included in the budget

489
02:27:20.080 --> 02:27:37.280
which will have uh up to 3% uh cost of living increase for all employees that will be in the budget. It will be covered and I and I pray for the support of the commission with that. Um, okay. Next, I have a couple announcements with the library uh to

490
02:27:37.280 --> 02:27:53.520
address Commissioner Flormon. Excuse me, Vice Mayor. Uh, and I have my money ready. Uh, Vice Mayor uh, [laughter] Flormont. Um, I will meet with the Friends of the Library. I uh, again, I have to state on the record, many of the

491
02:27:53.520 --> 02:28:09.920
things that they shared tonight were my first time hearing them. So, I have to get a picture of what their concerns are. Uh, and I have been copied on a few emails and um, that has been addressed to others. I know there was some exchange back and forth with the HR director. Uh, and I know that there's

492
02:28:09.920 --> 02:28:26.240
been some emails submitted to the commission, but I just haven't been able to completely stay on top of those. Uh, I do have an open door policy. I had met with the chair of the Friends of the Library. Uh, she has my personal cell phone number, but I haven't um she hasn't reached out to me in some time.

493
02:28:26.240 --> 02:28:42.560
So, um, the depth of those concerns, um, I haven't had a chance to dive into them, but I I certainly will. Uh, there are some other announcements that I had to was prepared to discuss, uh, with regard to the library, and that's the building repairs. So, uh, there are some

494
02:28:42.560 --> 02:28:59.520
items that Commissioner um, uh, Smith had requested with regards to the repair of the door. Uh, there were some other items that I have observed that had been long-standing for several years. uh and we have uh have the the funding to get those repaired and we are executing

495
02:28:59.520 --> 02:29:15.680
those. In fact, some of them should be complete already. Um in addition, we will be placing in the budget uh bathroom repairs as that is a request um by uh Commissioner Smith and several of our residents and employees. And also, it's a safety concern and hazard, which

496
02:29:15.680 --> 02:29:32.080
is why it's going to be a priority for us. Uh, in fact, in some of the bathrooms, you don't know if you're in the male or the female based on how the doors are positioned until you're actually in the room. Uh, and consider that we have what are considered at risk populations, which means elderly and youth. Uh, that is certainly

497
02:29:32.080 --> 02:29:49.359
unacceptable position, which we're going to, uh, be addressing. Um, next for parks and recreation. Uh, yes, absolutely. >> Thank you, Mr. Manager. Yes. Um, I know there was brought up, um, the cylinder was brought up like some type of, uh,

498
02:29:49.359 --> 02:30:05.240
stuff going on over there in regards to library, but I just wanted to clarify, is there any investigation ongoing currently or just to clarify? >> So, I'll bring the chief of police up to answer that question for you. >> Okay.

499
02:30:13.120 --> 02:30:29.359
Good evening, mayor, vice mayor, commissioners. Uh, yes, there is currently an open investigation um that we're uh looking into and until we resolve that matter, we cannot release any uh information regarding to that. >> Can you can you can you repeat it one

500
02:30:29.359 --> 02:30:50.800
more time? Um, >> yes, there is an investigation. There is an investigation pertaining to the library. >> To the library. >> Okay. >> Do you have anything additional, Mr. Mayor? >> No, no, no. I just, like I said, I thought it was going to I thought there was there was not nothing ongoing, but

501
02:30:50.800 --> 02:31:05.840
if you're saying that it is, I just thought you were going to clarify it. I know the chief was going to come up. >> Mr. Mayor, could I >> Mr. Commissioner Smith? I I just want to ask you because I I'm hearing two things here tonight. The friends of the library indicated that the library is not under

502
02:31:05.840 --> 02:31:21.200
the manager. The library is under the library association. So will you when you bring back your report the next time, will you clarify that for all of us? >> Absolutely. It would be my pleasure. >> Thank you. And then the la the thing

503
02:31:21.200 --> 02:31:38.560
about the library that we want to make sure when you bring back your report what what going forward what are can the public expect can they expect most of what they had I just want I want to include that in the report that's all

504
02:31:38.560 --> 02:31:54.319
>> absolutely um her statement commissioner Smith's statement was uh she wanted an understanding and and an outreach as for what the public can expect and I would just like to succinctly say. Now, we can put that in a report and explain it detail by detail, but I just like to say

505
02:31:54.319 --> 02:32:10.640
uh very succinctly uh we are fighting desperately uh for that library. There have been no cuts to the budget to the library at this stage. That doesn't mean that there won't be cuts forthcoming. Um but we've done everything we can to preserve two departments and that is the

506
02:32:10.640 --> 02:32:27.040
police department and the library. Um so that having been said the some of the animosity that we are receiving uh from the friends of the library is somewhat of a shock to us uh because the staff is actually quite ecstatic uh with some of

507
02:32:27.040 --> 02:32:43.600
the overview. Now obviously I'm not into the daily operations of the library so I I don't know uh some of the things that uh Mrs. Pillinger said I'm unaware of and this pencil was told you can't put this pencil here and we've always put this pencil here. Why are you moving my pencil? I may not be aware of those

508
02:32:43.600 --> 02:33:00.720
issues, but sorry, as far as uh as as far as the structure and organizational uh uh oversight of the library, um in my monthly meetings with or quarterly meetings, I should say, with the library staff, they seem to express uh um

509
02:33:00.720 --> 02:33:21.439
support uh and and rightly so since we have, you know, gone overboard to preserve all of the services that are currently and positions that are currently uh provided at at our If the hearing no further questions. Yes.

510
02:33:21.439 --> 02:33:36.160
>> Thank you, Mr. Mayor. Um the question I have and thank you for the update, Mr. Manager. Yes. Can you give us when you mentioned the $11 million savings and the um the $500,000 that you also mentioned for events reduction? Can you also provide line items to us of what

511
02:33:36.160 --> 02:33:53.200
was act what will be um removed um that would help us kind of you know get a a better screenshot of what's happening. So if you can give us like a comparison of what's what's being extracted from the um from the current budget to the one the next one. Thank you. >> Absolutely commissioner. Uh that's

512
02:33:53.200 --> 02:34:07.600
already been prepared and it will be in a presentation by the uh budget administrator. >> Okay. >> Absolutely. And I'd like to say uh parks and recreation uh we will be announcing a date for the Highland Village Splash Pad. Uh so we're very very excited about

513
02:34:07.600 --> 02:34:23.680
that. Uh it's been a longterm coming and it will be within the next 30 days. I'd also like to acknowledge uh an occurrence. Uh one of the things that administration has put together is an emergency plan. Uh we have five parks that actually can house residents on a

514
02:34:23.680 --> 02:34:39.760
temporary basis and however we do not have generators for them. So there's no when the power goes out, they lose power just like the the residents in the neighborhood. So one of the plans we've put together and that you will see uh in the budget is a plan for a during a

515
02:34:39.760 --> 02:34:56.800
power outage for there to be generators at every single of our uh five major parks so that residents especially the vulnerable such as the uh children and elderly will have access to air conditioning. uh in addition they could also go to the park for electricity to charge their phones or uh devices that

516
02:34:56.800 --> 02:35:13.120
they may need healthcare devices and things like that. So we actually got to activate this plan recently and I really want to acknowledge we had a list of employees uh from public works uh from public utilities uh from my from my

517
02:35:13.120 --> 02:35:29.760
office from parks and reccks. We had a recent power outage in um in Highland Village uh middle of the night. Um I get a I get a uh I get a text message from our resident mayor there uh Trisha that

518
02:35:29.760 --> 02:35:45.760
there was a power outage in Highland Village. So I said to the team, I said, "Now's the time for us to see if this plan works." And amazingly, it did. Uh we were able to pull uh a generator from public utilities and water uh take it

519
02:35:45.760 --> 02:36:03.040
over to Highland Village uh implement an engagement with uh with the boards to service that so that we could put power into that building. We got AC there and we got electricity there. And we sent text messages out uh um through uh Miss

520
02:36:03.040 --> 02:36:19.760
Trisha to let the residents know if they did not have AC and they needed AC, they could come to the Highland Village Parks uh and AC would be available there to them. Uh and also electricity. So, we're very excited to >> I have a a question. Thank you. Um, so

521
02:36:19.760 --> 02:36:36.720
so you said you got a a a text or a call in the middle of the night from Highland Village, right? So it wasn't Eastern Shores, so you didn't come running to Eastern Shores, right? Just that's >> correct. Clarify that other communities, um, get get service >> get service in the middle of the night.

522
02:36:36.720 --> 02:36:52.080
Okay. The other thing, um, you said that this is a plan for the five parks. Can you can you tell me the five parks? >> Yes, it is. Um, I'll let Andy, can you provide the list of those parks? He can rattle them off easier than I can. >> You have Ulita Community Center, Allen

523
02:36:52.080 --> 02:37:08.479
Park Community Center, Highland Village obviously community center. Um, well, Washington Park when it when it comes online, >> uh, and Allen Park. >> All right. So, so when when you >> build Washington Park, are you already

524
02:37:08.479 --> 02:37:23.600
going to like build it with a a generator already? like >> my request will be to assess what the additional cost will be, but since we are building uh this time, I'm so glad you said that because that might be a change order that we will be bringing to

525
02:37:23.600 --> 02:37:40.000
the commission so that it will already be outfitted for the generator once it's constructed. Yes, >> I agree. So, wait, so the Eastern Shores tiny tot? Just asking. >> So, just just asking. I'm I'm >> We don't have space to put anything on

526
02:37:40.000 --> 02:37:57.439
that top lot. Commissioner, >> I'm just trying to make >> it doesn't even have a closed in building. >> Yeah, you probably don't. We don't have a >> Mr. Mayor for the mayor. >> Yes. >> You know, Highland Village, when we had no electricity, >> we we brought an emergency vehicle to

527
02:37:57.439 --> 02:38:13.520
Highland Village just so people could come, elderly especially, and cool off for an hour. Just so people could come and cool off for an hour. And so, and I remember we brought ice at the time. Commissioner Haymon brought ice. So, this is an

528
02:38:13.520 --> 02:38:30.399
excellent program, but the county does use North Miami Beach when there's a hurricane coming, North Miami Beach High School. So my question is, does the liability insurance that we carry for the children after school, will that cover this as well that everybody's

529
02:38:30.399 --> 02:38:46.000
coming in when there's no electricity and we have a generator going? I'm just making sure the city's protected with the additional responsibility when the there's so many elements that not are not good. >> Yes.

530
02:38:46.000 --> 02:39:01.439
>> For good circumstances. >> Understood. Absolutely. We can do a review, but generally speaking, uh, whenever that park is open and it's being housed by our staff, our insurance should cover it. >> Okay. >> All parks that you you'll utilize as

531
02:39:01.439 --> 02:39:15.680
that kind of thing, just to make sure our insurance doesn't need to be upgraded. >> Yes. Okay. And, um, last, but certainly not least, is an update on our police department and the activities they're doing. Um the police department

532
02:39:15.680 --> 02:39:31.200
partnered with uh my office and on an item that was sponsored by Commissioner Smith has put out into each and every community a safety first initiative where we are bringing the community uh policing service into the community to answer their questions to educate them

533
02:39:31.200 --> 02:39:47.600
to let them know about our programming and it's been extremely extremely successful and so I'm excited to uh continue that until every community uh every community is reached uh in >> take it into the schools We want to take it into schools in the fall. >> If I can keep up with you, Commissioner.

534
02:39:47.600 --> 02:40:05.600
Absolutely. Um, next, um, not all news as as every time we're in the news for a bad reason. I get a call from, uh, Commissioner Smith saying, "Mr. Manager, we're in the news again." Um, but I'd also like to say, Commissioner, that not every time we're in the news, it's for a bad reason. And for that reason, I want

535
02:40:05.600 --> 02:40:23.425
to acknowledge our police department, um, which is going to be in the Miami Herald, uh, discussing their strategies of how they were able to bring our homicide rate down by 75%. Yeah, [applause]

536
02:40:24.000 --> 02:40:39.680
I'll get you those dates. I don't know the exact dates it's going to be out, but I'm going to make sure that every member of the commission and the mayor get a copy. [laughter] So, um, and with that, that concludes my manager's report. >> Um, city city attorney.

537
02:40:39.680 --> 02:40:56.000
>> Thank you. [clears throat and cough] Thank you, mayor. Um, couple of things. Uh, first, I just want to mention that, uh, unfortunately, we drew another lawsuit last week. It's a public records matter. It was filed by the attorney for former chief of staff, Miss Monaste. So,

538
02:40:56.000 --> 02:41:13.200
we've assigned it to the outside council that's defending the Monestine case. and there have been some proceedings on it. They're moving forward. Uh the manager, the clerk, and the assistant clerk have u responded aggressively with our outside council to try to put that to

539
02:41:13.200 --> 02:41:29.920
matter to bed. Um I'd like to address briefly the item that the vice mayor asked me to comment on. Uh we have for a number of years, certainly long before I was in the attorney chair, we

540
02:41:29.920 --> 02:41:46.720
have a special magistrate that handles most of our code enforcement matters. We also still have a code enforcement board composed of citizens that handles certain matters, although frankly the delineation between which is which is

541
02:41:46.720 --> 02:42:02.479
not entirely clear to me. I've heard some representations from people about what the difference is. I'm not sure that's completely correct. Um, it is true that I have expressed an opinion on a few occasions and talked to the code

542
02:42:02.479 --> 02:42:18.560
enforcement department about the utility of having both. I'm not aware I haven't done an exhaustive search, but I'm not aware of any city that has both a code enforcement board and a code enforcement

543
02:42:18.560 --> 02:42:35.120
magistrate. Maybe there is one, but typically cities have one or the other, not both. And the I guess modern trend has been away from citizens boards and

544
02:42:35.120 --> 02:42:51.280
towards professionalizing this with code enforcement magistrates. Um there is a cost to it, but it's not a great cost. It's they're act they actually work very cheaply. uh all things considered and we

545
02:42:51.280 --> 02:43:07.359
recover a great deal of the costs that we pay to the magistrates. Uh typically when they issue any order, they add in costs. Now if you're found not in violation, obviously we don't collect

546
02:43:07.359 --> 02:43:23.840
costs from somebody who's found not to be in violation, but most of it we do end up collecting back in costs. I have expressed that opinion. Excuse me. One second. >> Yes. >> In code enforcement, the

547
02:43:23.840 --> 02:43:39.520
>> Yeah. In code enforcement, the [clears throat] >> the thing that we're as a city want to do is we want compliance. So, we don't want to find and make it the resident hurt more by ever coming before us. And

548
02:43:39.520 --> 02:43:56.720
that's the buffer that the code enforcement board is. They can hear that. they can hear the resident that they're in trouble or anything like that. It's a better sounding board than somebody just saying boom boom, you know, and lower the gavl.

549
02:43:56.720 --> 02:44:11.040
>> That's just my >> Let me say that my own experience, you know, I sometimes my one of my partners handles code enforcement magistrate, but uh I've certainly done plenty of them. And my experience is that the

550
02:44:11.040 --> 02:44:28.319
magistrates are usually pretty lenient. We encourage our magistrate not to strictly be by the book. We frequently agree that whatever is actually owed should be mitigated. You're completely

551
02:44:28.319 --> 02:44:44.560
correct when you say that the philosophy is to get compliance. People often misunderstand that this is like a revenue source. It is not. We're not seeking to acquire revenue from our own

552
02:44:44.560 --> 02:44:59.040
residents uh in this fashion. We are seeking to make sure that the codes are applied so that their neighbors have good quality of life. But that said, um I find the magistrates generally to be

553
02:44:59.040 --> 02:45:15.359
very lenient and we often agree and ask the magistrate to mitigate even after the matter has been concluded. We just won't do that until compliance is achieved. But the point I was going to

554
02:45:15.359 --> 02:45:31.680
get at is at this point I haven't done anything about it. I've expressed an opinion a few times. Um the problem often I won't say I'm not trying to

555
02:45:31.680 --> 02:45:47.680
fingerpoint at this board although sometimes we have trouble getting a quorum for this board which is a separate issue. You never have that with the magistrate because we have several in rotation and and they really work very cheaply. But there is sometimes a

556
02:45:47.680 --> 02:46:04.479
tendency and I've seen this over many years that I've been in practice. The people appointed to a code enforcement board may be wonderful. They may be fair-minded. They may be sympathetic as you say, Commissioner, but sometimes

557
02:46:04.479 --> 02:46:20.479
they think it's their job to be code enforcement officers and they bring matters to the code enforcement board themselves. And that's a bit unseammly where you know you're the one bringing it and then judging the thing that

558
02:46:20.479 --> 02:46:39.680
you've brought. That's why many cities have moved away from them. I won't say they're every city. Some particularly in longstanding uh cities have maintained them and our city is going to be a hundred. So at this point it is an idea.

559
02:46:39.680 --> 02:46:57.200
It certainly would have to be discussed a lot more before we would even bring something to the commission to consider it. So, we haven't moved ahead with it. We haven't brought it right now. There's

560
02:46:57.200 --> 02:47:13.920
no concrete plan to do so, but it is something that may lead to greater efficiency and to better code enforcement. But again, that's not up to me in any

561
02:47:13.920 --> 02:47:29.760
way. That would be a matter if we moved forward with it. we'd bring it to you, but we would first have conversations with the manager and and with the code enforcement department underneath him and and see whether the idea actually

562
02:47:29.760 --> 02:47:45.439
holds water. So, I hope that answers your question as to where we are right now. It's just an idea and we've done nothing about it. I do want to address a couple of things. Um I want to talk just

563
02:47:45.439 --> 02:48:02.160
for a moment about two items that were moved from um consent to legislation. They are two settlements. We will I'll ask you that we get to them. Uh we've brought settlements to you before. There's a limit on how much we can

564
02:48:02.160 --> 02:48:16.880
approve administratively and that requires um not just the manager but there's a committee with a mayoral appointment as well. That number is 50,000.

565
02:48:16.880 --> 02:48:33.439
We don't come to the commission often because most things we resolve turn out to be often for nuisance value. So, we get them resolved. But on a couple of occasions, we've been here before for

566
02:48:33.439 --> 02:48:49.920
things that exceed that. Um, I understand what you say, Commissioner Smith, about needing time to absorb it. Not, you know, I respect that and that you absolutely I know you read everything. I know it because I I get

567
02:48:49.920 --> 02:49:07.760
the questions from you when you read it. if you have a question. But these are nothing special. But I did get some inquiries this time. Um little surprisingly because I mean one of them is a a big 625. It's just barely over

568
02:49:07.760 --> 02:49:22.960
the $50,000 threshold. The other's a little larger, but typically I have not had questions. So in this case, in response to those questions, I went ahead and put a little package together. My partner, Mr. Johnson, who does most

569
02:49:22.960 --> 02:49:39.520
of our PI litigation, um, attended the mediations on these. He put together a memo. The memo about these items did go to the city manager back in, I don't know, several weeks ago. I forget the exact date. Um,

570
02:49:39.520 --> 02:49:54.240
but these are very simple matters. Um, one commissioner asked me if we'd had executive sessions about them, and the answer is no. I

571
02:49:54.240 --> 02:50:10.160
mean, we have, this city chooses to be self-insured, and I've raised questions about that in the past, but that's that's where we're at. And it's a budget issue. It might be going to the League of Cities Insurance,

572
02:50:10.160 --> 02:50:25.680
for instance, might be more expensive. So that's that's simply not an issue that we are able to determine. The manager is struggling with budget and certainly we're not about to impose

573
02:50:25.680 --> 02:50:43.120
additional costs, but I mean we've got like 30 of these going at any time. We've we've had dozens of these little cases. We just are in the process of settling one for $5,000.

574
02:50:43.120 --> 02:50:58.880
You can't litigate a case for that little money. It would cost us considerably more money to litigate than paying somebody off $5,000. So if I mean I don't think that the

575
02:50:58.880 --> 02:51:15.600
commission is interested in having five executive sessions a week on these very small matters where there's a $5,000 settlement. That's why we don't do it >> through the mayor. substantive. Excuse me. Let me just >> Yeah, you can complete.

576
02:51:15.600 --> 02:51:30.800
>> If there's something, you know, of any real substance, then we can have one. If if that's desired, but uh the memo from my partner that's attached to each of these two is very simple. It's about two

577
02:51:30.800 --> 02:51:45.920
paragraphs long. It's very self-explanatory. And these are not in any way complicated matters. when we get to them in legislation, which I hope we will, um, then we can take a look at what's in the

578
02:51:45.920 --> 02:52:02.880
package. And if the commission is troubled by it, well, certainly, then, you know, we'll respect whatever your decision is. But I honestly think if you look at those two, you will see they are extremely straightforward and not complicated, and they don't require a

579
02:52:02.880 --> 02:52:18.720
great deal of study to see what's going on with them. Commissioner Smith then Commissioner S. She was >> okay I just see here now I'm I just opened it. I'm not reading it but trying to see what it was involved and

580
02:52:18.720 --> 02:52:37.040
tells me a payment of 52,9103 to one party payment of 90,000 payable to another a pay of 111,883 due by October 3rd 2031 and then pursuit of four statute

581
02:52:37.040 --> 02:52:56.800
62692.96 the total total cost to the North Miami Beach for the payments. I don't want to go into detail because I I'm not sure what the number is when I try to read. That's why I need to digest it. >> Understood. the commissioner, let me say

582
02:52:56.800 --> 02:53:15.040
if you look at the last page on that item, not the resolution, not the release, there's a memo from Aman Johnson, one of my partners at at Greenspoon Martyr, and it's a very short

583
02:53:15.040 --> 02:53:33.279
memo, and it explains very quickly and very succinctly what this is about. >> I I just feel quite frankly, Mr. attorney. I feel like we need this information without an executive session. It's not a question of is it not standard? It's not

584
02:53:33.279 --> 02:53:51.600
a question is it not a simple easy to understand reason that we it could have gone to court. It could have cost us another couple hundred thousand. We negotiated. It took you a couple months, but we got it down. It's a question if it's the city's money and I want to

585
02:53:51.600 --> 02:54:08.080
understand how the city's money came to that conclusion when we're saying yes. We're just saying yes >> as the memo. I don't have you have you located that commissioner? It's the last item. There's a similar one in the in the package for the one that's 625. And

586
02:54:08.080 --> 02:54:24.560
basically, if you want to talk about it now, I'm happy to. >> Please. >> The um this involves an 11year-old boy who was injured at a city camp. He was on a slide. Well, I wasn't going to say that it was pediatric and all those

587
02:54:24.560 --> 02:54:41.439
things because I don't want to. It also says confidentiality. >> We are not giving any names, >> but >> the name is protected, but what happened is we had a camp counselor as my partner recounts. We went to a mediation at impass. We went to a second

588
02:54:41.439 --> 02:54:59.120
mediation. Um, this boy sustained permanent injuries to his elbow. He was knocked off the slide by another boy. Um the reason the the amount for the city is 141

589
02:54:59.120 --> 02:55:14.000
>> 142 >> Yeah. or 142,000 and change. And what it reflects is because he's not of age. We're paying a certain amount now to the attorney. the balance, I think it was 90 or whatever

590
02:55:14.000 --> 02:55:29.520
it was, is being paid basically into a fund like an annuity that will hold the money and when this boy turns 18, he'll receive the money and it'll be a

591
02:55:29.520 --> 02:55:45.520
slightly larger money amount of 111. That's called a structured settlement. But we we are paying the money. >> Uh the cost to the city is the 142.

592
02:55:45.520 --> 02:55:58.880
And again, this is a boy that >> So we're not paying 142. We're going to pay 100 250 ma'am three. >> No ma'am. Please let me >> that when he's 18 years old and he gets the second amount. >> We are not going to pay that second

593
02:55:58.880 --> 02:56:17.359
amount. We're paying like 50 now to his attorney and we're putting I think it's 92 or something into a structured settlement fund. It will pay him

594
02:56:17.359 --> 02:56:33.680
111 when he turns 18, but the amount we're paying into that fund which will acrue to his benefit till he becomes 18 is 92.

595
02:56:33.680 --> 02:56:48.960
>> So the cost to us is 142. >> Is 92 part of the 142? >> Yes, ma'am. >> Okay. >> 92 plus 50 to the lawyer. Now, let me add, as my partner points out, we did a pre-inter

596
02:56:48.960 --> 02:57:05.279
with the young camp counselor. I think he was 18 or something, and he said no, that there was nothing improper, that the young man was not his group, that but he had an eye on him, and he was never out of the

597
02:57:05.279 --> 02:57:24.240
public, out of the eye of our staff. And that made it very defensible. When he was actually deposed, the camp counselor changed his story from what he told our firm and said, "Yeah, actually he wasn't

598
02:57:24.240 --> 02:57:40.399
watching this young man. He should have been. It was wrong. He was sorry." And that undermined our case considerably. And also there's a pretty good sympathy

599
02:57:40.399 --> 02:57:55.200
factor for this poor young 11year-old boy. So we reached a settlement that's a little higher than we normally would because it's a young boy who has permanent elbow damage. So that's the

600
02:57:55.200 --> 02:58:13.040
reason for it. And you know I mean we could give you more information if you wanted. No, >> but that's the bottom line. I understand what you're saying. >> That's why we're doing it. >> But you understand as a commissioner and I understand it and I'm kind of reading it and seeing it. I didn't even open up

601
02:58:13.040 --> 02:58:29.040
the second one, but I'm taking what you tell me how is how I'm voting and I would rather vote on what's written on the paper because that's what's going to be the resolution or the law or however it is. That's what's going to be if there's

602
02:58:29.040 --> 02:58:45.200
that's why I read it because when there's mistakes it say on on [snorts] line 12 50,000 and on line 14 for the same thing it says 64,000 that goes into the record and I and the end you don't know if you voted for 50,000 or 64

603
02:58:45.200 --> 02:59:01.600
>> well there's not that that confusion in this resolution I don't believe and it is all in writing >> it is all there the release is not just a resolution the release itself self >> is attached. In this case, there's a an

604
02:59:01.600 --> 02:59:17.439
separate agreement about putting the money in to this annuity so it will grow and the young man won't have it spent up before he turns 18. And we have the memo from my partner explaining what happened

605
02:59:17.439 --> 02:59:31.680
and justifying it. That is all in writing. You don't have to take my word for it. It's all in writing. >> I just have to have time to read it. I just let me say again, we've brought matters like this to the commission

606
02:59:31.680 --> 02:59:48.800
before and typically, you know, they're a little bit less. They're more like the 625 and I haven't ever had one that's had this much of an inquiry in the future since there seems to be I've had

607
02:59:48.800 --> 03:00:06.240
multiple commissioners ask about it. So we'll make sure in the future that as opposed to simply advising the manager by memo that we provide this kind of backup if we have to come to the commission. But like I said I could

608
03:00:06.240 --> 03:00:23.359
point out multiple cases we've done this before and it has not resulted in this level of well I need to see that I need the details. Typically, they've been approved, but if that's what the commission wants, we'll do that moving forward. Absolutely.

609
03:00:23.359 --> 03:00:39.040
>> It was probably one of the 11 times I said I can't read it and pay attention to the public at the same time, but thank you. >> Is that before we go, is that >> No, thank you. >> No, no, I'm saying is that what you would like for future? >> Yes. >> Oh, I got I got that loud and clear.

610
03:00:39.040 --> 03:00:53.760
>> You I just want to make sure that's the Yes. >> All right. So, >> I want to see what I'm voting for prior to sitting in this >> certain parts like like this type of legislation that you would want to have this beforehand. >> Yes, I do. >> And that's understood. I've had not just yours commissioner. I had two or three

611
03:00:53.760 --> 03:01:09.200
inquiries from members of the commission. That's a first, but moving forward, I respect that and that's what we'll do. Period. Commissioner Sue. >> Thank you, Mr. Mayor. Um, I I'm kind of

612
03:01:09.200 --> 03:01:26.399
like, you know, I don't want to ask about this stuff because usually when we're paying a settlement of anything in this amount over the 50,000 threshold, we always get an executive session where we get to ask all the questions that we want to. Now, Mr. Attorney, when you say

613
03:01:26.399 --> 03:01:43.120
$5,000 doesn't need an executive session, I completely agree. But you saying that 142 and another settlement totaling over $200,000, I think we absolutely need an executive session. There was no conversation about that. I

614
03:01:43.120 --> 03:01:58.560
have a question though. [snorts] When did this case happen? Like when did this accident with a kid broke his elbow or whatever it is, when did that happen? >> I I believe again I I'm not the one who did the mediation. They went to

615
03:01:58.560 --> 03:02:14.399
mediations. We reflected the results. I believe it's well over a year old. >> Well over a year old. >> I believe that. Yes. I [clears throat] I may be wrong. I don't think it's contained in the memo. >> So, it wasn't like a rush like all of a sudden we decided to have an agreement

616
03:02:14.399 --> 03:02:37.840
and then we decided like, okay, you know what? Let's settle it. >> Let me see if I can get you a specific answer to that. Hold on a moment. >> I may have that info. I only see the email from July 21st. I see Arman Johnson's um memo July 8th.

617
03:02:37.840 --> 03:02:53.520
Then there is an addendum to the agreement and a settlement agreement with a mutual release. In there, I do not see dates of when the accident happened. So, if it was well over a year, why are we hearing about it

618
03:02:53.520 --> 03:03:10.640
now? This is what bothers me because it's not a small amount of money and you know if they could prove that it is absolutely true that there was negligence on our part of course like the kid has lost his elbow. I mean I don't know which part of his arm but

619
03:03:10.640 --> 03:03:27.040
just the fact that that happened to him like of course like you know we do want to subsidize and that money that they're going to get at the end when it is invested. Yes. 110 11,000 111. Yes. But what what I'm what I'm concerned about

620
03:03:27.040 --> 03:03:41.920
is like when was a case filed? How come we knew nothing about it? And you know, I mean, it's it's in the amount that is over your $50,000 dollar threshold. >> Well, let me say clearly, we did not

621
03:03:41.920 --> 03:03:56.319
initially agree to that. The matter was, as is reflected here, um the matter was mediated on two different occasions. At the first occasion, there was an impass

622
03:03:56.319 --> 03:04:13.439
at 190,000 uh demand and we refused to pay that. >> Got it. So [snorts] until the second mediation uh which occurred not that long ago, I don't have the exact date in front of me because again I don't have the entire

623
03:04:13.439 --> 03:04:30.479
file here, but at the second mediation it probably finally was we reached an agreement at that 142 1818. There is an order from Judge Beatric Butchko entered a few weeks ago that

624
03:04:30.479 --> 03:04:45.840
requires this to be concluded by August 4th because of the proceedings in front of her. So >> again, we don't we don't typically look for executive

625
03:04:45.840 --> 03:05:03.200
sessions unless there is some real uncertainty, some question about the course to be taken. In this case, the employee of the city went into the deposition

626
03:05:03.200 --> 03:05:20.399
to our surprise because he told us differently in pre uh deposition preparation and just basically confessed error on behalf of the on behalf of the city and said, "Yes, as it turns out, the this boy was not being supervised.

627
03:05:20.399 --> 03:05:39.120
He was not being watched." At that point that sufficiently undermines our defense that although our number was much lower, we went to a mediation. We reached an agreement but that mediation

628
03:05:39.120 --> 03:05:55.760
is always subject to the approval of the city. >> What number is much lower? Can you clarify that? >> I'm sorry. >> You said our number is much lower. What number was that? Commissioner, if I could call Mr.

629
03:05:55.760 --> 03:06:11.200
Johnson, I would. He happens to be out of the country tonight, but the fact is we I don't know if our initial number, but my understanding is it was below 100,000 initially because we thought

630
03:06:11.200 --> 03:06:26.960
that we had a pretty good defense based on the testimony of the witness. Once the witness recanted what he told us and >> so it is actually below a h 100,000 the 52,000 was the attorney fees

631
03:06:26.960 --> 03:06:41.840
>> I don't understand what you just >> well you just it just split up you see it David Jeffrey R Davis PA is 52,000 the payment to Metife assignment company that is going to grow in equity or grow in value

632
03:06:41.840 --> 03:06:58.399
when he's 18 that's the 90,000 Okay. So either way, my point is saying this is my point misunderstanding me completely. I said the city's position at the first mediation where they stuck

633
03:06:58.399 --> 03:07:16.800
at 190. My understanding is our total offer I believe was below 100. After the deposition of the witness was taken, we approximately split the difference between our below

634
03:07:16.800 --> 03:07:35.439
100,000 previous offer and their 190,000 demand. And we came to a number roughly halfway between those two, which is the 142, which is both the 50,000 to

635
03:07:35.439 --> 03:07:50.720
the attorney and the 92 that's going into the annuity. That's why it's 142. And that number was a significant increase from the city's previous position at the prior mediation which I

636
03:07:50.720 --> 03:08:08.080
believe to be less than 100 and they stuck at 190. And I think what happened in mediation as it often does having mediated um hundreds of cases I think uh is you try to find something in between. We are self-insured.

637
03:08:08.080 --> 03:08:24.880
We have a tremendous amount of these cases. We probably have 30 PI cases going at any given time. Many of them have been resolved. Usually they're resolved below that 50,000

638
03:08:24.880 --> 03:08:41.600
threshold. Sometimes far below it, like I said, for five or for 10. My firm does not litigate these cases to run up attorney's fees to the city. That costs the city money. So instead of trying to

639
03:08:41.600 --> 03:08:58.720
make some amount of fees for the firm, we always try to resolve these economically. That is our mindset which reduces not only how much we're paying out because we're aggressive in mediation but because we're not charging

640
03:08:58.720 --> 03:09:14.240
significant fees to litigate something that we could buy out of more cheaply. This one is a little more confession from our side. There was no litigation involved. No needed. Right. It was all settlement. Well, you said one of our

641
03:09:14.240 --> 03:09:30.000
one of the staff members went in to testify and basically admitted fault. Now, I'm not I'm right. So, why would we litigate? You're missing. >> That's the point. That's what I'm trying to say. You're telling me that you're saving the city money by not litigating.

642
03:09:30.000 --> 03:09:45.040
I'm like, what is there to litigate? There's nothing to litigate to begin with. I'm asking you about when this happened, when this I mean, why do we why is it that we can't bring this item into an executive session? and then make a decision with more information when

643
03:09:45.040 --> 03:10:01.520
Mr. Arman Johnson gets back in town >> because we have an order. In this particular case, Judge Butchgo has entered an order. >> Okay. >> When was that order given? >> July 7th, the day before we wrote to the the email to the city manager. July 7th. And she

644
03:10:01.520 --> 03:10:18.080
gave us to August 4th. Now, that's because the matter had been mediated. And once it's mediated, we have to step forward. We cannot settle without the approval of the city. We

645
03:10:18.080 --> 03:10:33.040
have to have it. In in cases above 50, it requires the city commission to approve it. And I brought matters to you before like this. And as I said, it hasn't been the subject of much inquiry.

646
03:10:33.040 --> 03:10:50.160
We have big cases like Mo Lake that we've had executive sessions on. We have big cases like our suit against Miami date county that we have executive sessions on. These are difficult, problematic cases that require the input

647
03:10:50.160 --> 03:11:07.040
of the city. These typically, this is an unusually large one, but there's a reason for it. these other matters. Typically, we don't have executive sessions because, as I said, you you'd have five of them a week. There's

648
03:11:07.040 --> 03:11:22.399
there's dozens of them. There are lots of them, and they're mostly very small. You know, the ones above 50 are few and far between, but we've brought those to you before, like the 625. Yes, this

649
03:11:22.399 --> 03:11:39.680
one's a little larger because it inviles a child who have this problem for a very long time and because we had a witness change their testimony. And so because of that, we've made a we reached an

650
03:11:39.680 --> 03:11:57.040
agreement that was way above what we had been offering previously when the witness testimony and that's why we brought it to you. >> Thank you. My point to telling you is we had to we knew nothing about it until the judge already placed put an order or

651
03:11:57.040 --> 03:12:12.160
made a decision had a verdict out decided or was that >> her decision >> her decision excuse me after the judge had already made the decision we were not informed at all about the whole

652
03:12:12.160 --> 03:12:29.439
situation that is the problem that I have second of all you bring this to us when it's already said and done. Like this is like here's the bill, take care of it. >> No, ma'am. You have the right to reject this settlement. It cannot be imposed on

653
03:12:29.439 --> 03:12:45.520
you. You have the right to do so. You would do so frankly against our legal advice because the city's we wouldn't agree to this number. We didn't think Excuse me, ma'am. I'm speaking the >> No, because what you're saying to me is not the point that I'm trying to make.

654
03:12:45.520 --> 03:13:01.120
the city's exposure. If >> I am not saying that we are not going to take the settlements, I am telling you that you should have done a better job to inform us and gotten us an executive session. >> Do please.

655
03:13:01.120 --> 03:13:18.240
>> I don't know what you don't understand about this. And then here we're going >> I would appreciate if you would not raise your voice. >> I was just too close to the microphone. So, so I was going to say that we I would demand a special session and if we have

656
03:13:18.240 --> 03:13:34.080
till August 4th, then we should all discuss this and find out where things went wrong so that we can avoid this happening in the future. >> I don't know what you mean by things went wrong. Where things went wrong was when >> went wrong with your duty of what you

657
03:13:34.080 --> 03:13:51.120
were supposed to do with us. You were supposed to come to us and ask us for an executive session. Hey, you know there is a settlement being set at 190,000. We are going to negotiate it down. You did the same thing when we went through Duke Sori, when we went through all other

658
03:13:51.120 --> 03:14:08.319
cases that we had settled in an executive session before. That's all I'm asking. I'm asking that we should sit down, have Mr. Arman here. I don't know. Is he going to be on vacation till August 4th? Can we have somebody else explain the situation? I want to know.

659
03:14:08.319 --> 03:14:25.439
The city is going to pay 200 over $200,000 >> be back. Well, first of all, don't conflate the two cases, please. One of them is at 625. It's 12,500 above. >> No executive session there either, Mr. Attorney. >> No executive session there either, Mr.

660
03:14:25.439 --> 03:14:40.880
Attorney. >> The the mayor gave me the floor to inject something if I may. There's three things that are going to be involved here. very important things. Number one, I'll make the motion to stay an extra hour so we can really do the agenda.

661
03:14:40.880 --> 03:14:56.800
Number two, my all my years all my years prior to this, we had a preliminary meeting. They have it in Aventur. You want to compare us to Avenator, you want to compare us to Sunny Isles, you have a

662
03:14:56.800 --> 03:15:13.439
meeting with all the um department heads to answer questions and you go over the agenda a week before and you sit down like men and women without arguing, without these delays, without this. You sit down like the

663
03:15:13.439 --> 03:15:29.439
people that they elected you to be and you vote on what you reviewed. If there's something pertinent that the public certainly should be privy to, >> you can bring it up at the time and say the question was asked to the head the

664
03:15:29.439 --> 03:15:44.560
police chief and the police chief responded so that we have the answer. This back and forth at every meeting honestly though Mr. Attorney this delay is a aggravating. It's aggravating. You

665
03:15:44.560 --> 03:16:01.439
know I love you. I know you many many years, but for us to vote on something and I looked I had to look for two two paragraphs while we're waiting for people to come up to speak. I looked at what you have here for us to vote on. There's no way we could vote on this to

666
03:16:01.439 --> 03:16:16.560
that has four days before the deadline. There's no way. We don't even >> Commissioner, if I might. >> I didn't say that. I'm talking about what is in front of me that I haven't read. Commissioner, if I might suggest not right now, Mr. Geller, one minute.

667
03:16:16.560 --> 03:16:31.920
>> One minute because I have a third thing. One minute. One minute. I have a third thing. The third thing is the public came to hear here's what's on the agenda. How are you handling it? With all respect, Commissioner Sue, I understand your aggravation. I have it,

668
03:16:31.920 --> 03:16:47.040
too. But this isn't the place to once you say what you want to go back and forth and back and forth and back and forth the night of the commission meeting. This is an agenda. This is the reputation we have as a city because we

669
03:16:47.040 --> 03:17:03.279
don't control ourselves. And I I just feel very strongly. I I know it's not going to happen because we can't even get a quorum to come when we have a meeting that's not on the day of the council. We came tonight with 15 or 12

670
03:17:03.279 --> 03:17:20.239
or 10 people to honor and we started the meeting at 5 after with two people with two people. The mayor who runs the meeting with all respect. I don't know his emergency. I don't know. But if the meeting had started at 6 for the council meeting, he would have been here 6:15.

671
03:17:20.239 --> 03:17:36.080
We I'm not saying it's derogatory towards him. He had an emergency. It's not my business. The thing that I'm saying is how are we supposed to get us to an executive session? How are we supposed to get us to a premeating for a meeting? >> We don't show up. >> Hang on. Hang on. >> Commissioner, if I might, let me say

672
03:17:36.080 --> 03:17:52.720
>> that was my third appointment. >> Yeah. And let me just say, Commissioner, if this commission decided to move to the premeating structure that Aventura has, I assure you, I would be happy to be there if

673
03:17:52.720 --> 03:18:07.840
that's what you want to do. It's not, to my knowledge, ever been done in North Miami Beach. It's never operated that way. >> With all respect, it's always operated that way while I was here. But with all >> a premeating, >> a premeating always. We were on the

674
03:18:07.840 --> 03:18:22.640
fourth floor. We sat if >> it was a two-hour meeting. You had Mr. Cassan was always there. The public was on one side, the employees were on the other side, and we were on that circular table that was there for every meeting

675
03:18:22.640 --> 03:18:39.120
before. And if if commissioner if that's what you want to do >> with respect >> I'll be there >> with respect you'd have to get the majority vote degree and I think you or somebody from your firm would have to be there because we >> but my I'm just saying this to you

676
03:18:39.120 --> 03:18:54.000
that's not how the commission's been operating since I'm here. If you want to do that then that's your choice not mine. I'd be happy to participate. It would probably be me most of the time but you know if we look

677
03:18:54.000 --> 03:19:10.800
If you if this commission insists on an executive session, Mr. Johnson will be back next week. We could schedule one on this matter next week if that's what you want to do for this

678
03:19:10.800 --> 03:19:28.160
settlement. I've told you the reasons. I've explained to you why we're paying more than usual. But if you want to have an executive session on this matter next week, we'll be happy to call one. But keep in mind that after the executive

679
03:19:28.160 --> 03:19:43.600
session, there has to be a special commission meeting, too, because matters are not approved at executive session. >> You're answering me with all respect. That executive session wasn't my issue.

680
03:19:43.600 --> 03:20:00.479
I didn't need an executive session. No, like I look for even in regards to how we do our commission conference, it's gotten from doing a couple rec recognitions to taking an hour and a half. We have to limit that. If we were

681
03:20:00.479 --> 03:20:16.160
to limit that, we could do a lot more premeating. >> Yeah, that's Wait, it's on here. >> It's I I think there's an item on the agenda about that >> that speaks to that >> discussion discussion item. Oh, it's a it's a discussion item. So I I I think we can we can further hash this out. I

682
03:20:16.160 --> 03:20:33.279
think we should limit what we like how many you know depending if it's a >> I did zero. >> I would say one I'm fine with one per person. I'm fine with that. >> I did zero. >> But what I'm saying is that just and unless it's an extraordinary event I mean uh we can make accommodations but

683
03:20:33.279 --> 03:20:49.479
if it's if it's just like if it's one person I think we can we can hold to that and everything and subsequent the remaining of the time remainder of the time we can focus on pre meetings. >> I'll tell you the the people we recognized tonight each one was very deserving.

684
03:20:52.239 --> 03:21:08.640
>> I have one >> the Yeah, the last thing. Can you >> I just want to say by the way on that one uh when we get to the item I'm going to ask you to approve it, but your alternative is to say we want an executive session and a special commission meeting on that one item or

685
03:21:08.640 --> 03:21:24.479
on both of them and they could be scheduled next week. Mr. Johnson will be back, I believe, on Sunday. So, we could schedule next week if you don't want to approve them, but I'm going to ask that you do approve them. And if it's not your pleasure, then your pleasure could

686
03:21:24.479 --> 03:21:40.640
be an executive session in a special commission meeting. Lastly, >> there has been a considerable amount of discussion tonight concerning the charter review amendment. Let me

687
03:21:40.640 --> 03:21:56.479
simply say that considering that we're going to get to that item on the agenda probably pretty soon and that my report did not begin till 900 p.m. 3

688
03:21:56.479 --> 03:22:11.760
hours into when the meeting was supposed to start. It would be my preference to simply address the issues relating to the charter review amendment, which I also think is pretty simple, but I'd

689
03:22:11.760 --> 03:22:26.560
prefer if it's okay with the commission that we can discuss that when we get there on the >> Can we speak on that now? >> Mr. Mayor. >> Yes. Go ahead. Your pleasure. Part of the problem is we just spent a half

690
03:22:26.560 --> 03:22:44.399
hour, 45 minutes, no offense, on things that we're going to have to discuss again. >> No, we don't have to discuss >> we we don't have to discuss it again, but Okay, but just >> No, no. I I I understand what you're saying, Commissioner Turnoff, but let's discuss the chart, please, because just Can we go on? >> Okay. I I make a motion that we move up

691
03:22:44.399 --> 03:23:00.000
the charter item to now. >> No, we can do Yeah. Second. >> I second it. >> All in favor say I. I. Okay. Go ahead. Speak on. Thank you. Okay. Let me let me try to do this quickly. Um, I understand there's been some consternation about it, but there's nothing that's not

692
03:23:00.000 --> 03:23:15.920
transparent about it. Now, you recently passed an ordinance that says that we're supposed to receive items two weeks before a commission meeting and have at least a full week to prepare them to go on the agenda. And

693
03:23:15.920 --> 03:23:32.960
that's what you just passed. And that did not occur here. that just was impossible here. Now, you know, I work on this stuff and I have I know there have been all those meetings. I attended every one of those charter committee meetings that went late into the night.

694
03:23:32.960 --> 03:23:49.359
I was there for each and every one of them. >> And how much did your firm charge? >> Pardon? >> How much did your firm charge? >> Uh, we haven't prepared a bill. It's just however many hours the committee met at the rate I >> the 275 an hour rate. >> I want I'm trying to look back. I was on

695
03:23:49.359 --> 03:24:05.760
two charter things. I don't think the plea the the attorney charged us ever. I think they made that part of their >> I don't think so, but we can look. But this was something I had arranged back with a prior manager. >> With who? >> Uh Mr. Diaz.

696
03:24:05.760 --> 03:24:21.920
>> I see. >> But that said, let me just because it's not it happens every 10 years, Commissioner. It's not. >> No, I understand how >> usual and customary is part of the regular job that notwithstanding I don't want to I want to try and get to this

697
03:24:21.920 --> 03:24:37.600
issue and not be distracted if we could. We can talk about that you know any other time you want to or at the end but let me just get to the issue. We met last week Tuesday night for almost six

698
03:24:37.600 --> 03:24:55.279
hours going through the charter thing. Um, I work on these. I'm part of a team, frankly, with the clerk, and I want to acknowledge the clerk and the deputy clerk for extraordinary efforts on it. Uh, it would have been great if we'd been able to present it sooner, but

699
03:24:55.279 --> 03:25:11.680
there's also the matter that we had to have the commission find a night when the commission could get a quorum and and participation to go through it. we were ready sooner and quite frankly the

700
03:25:11.680 --> 03:25:28.239
committee did work very hard meeting almost every week for quite a number of weeks but with with deference to my bosses here you also could have appointed the charter review committee a

701
03:25:28.239 --> 03:25:44.399
little sooner so it wouldn't have been so last minute that was not my office that made that choice now from Last Tuesday night when we went through it and made a lot of progress, as you know,

702
03:25:44.399 --> 03:26:00.800
my colleague, the clerk, was away on bereavement leave all week. A a young woman died tragically in the family and she was gone. I want to acknowledge her because when she got back Monday having

703
03:26:00.800 --> 03:26:19.040
been gone, she and I worked on the phone trying to bring this to conclusion. She was on past 11 p.m. last night with me. And after we concluded working together, I set up a great deal of last night

704
03:26:19.040 --> 03:26:36.800
working to bring this to finality. I got the stuff from the assistant clerk who was working her head off with her boss gone and she got it to me Thursday after we were practically into Wednesday morning with the meeting and then a

705
03:26:36.800 --> 03:26:52.239
followup on Friday and some followup from one of the committee members as well who have I I've acknowledged before Mr. Temper who was very helpful. Um, and that left us having to pull it together and also the

706
03:26:52.239 --> 03:27:08.080
clerk was here Monday. I did my best to get it done. I had hoped to get it done yesterday. As it turned out, even working mostly through the night, it went into today and then it needed some

707
03:27:08.080 --> 03:27:25.600
work and then it needed a little more. it was later in the day than I had hoped. And to the extent that that is a problem, I will be happy to own that and I will

708
03:27:25.600 --> 03:27:42.960
certainly apologize that we couldn't get it sooner, but we worked at it. We had the meeting. The commission wasn't able to meet the week prior, which would have eased that path

709
03:27:42.960 --> 03:27:59.840
considerably, and nobody anticipated that the clerk would be out all week. And she's worked her tail off on this. And and so is Miss Pierre. And I have to acknowledge them both. I wish I could have got to it sooner. I truly do. But

710
03:27:59.840 --> 03:28:15.920
let me say substantively, >> okay? There are only three major items that the commission chose to put forward. There are only

711
03:28:15.920 --> 03:28:32.160
three significant ones. They're very simple. One is the change of election date. There's a number of things that are ancillary to that if that passes and extending the terms and all that, but

712
03:28:32.160 --> 03:28:47.040
that's only if related to it if it passes. A second one is that there be mandated a second meeting any time that the commission does not finish an entire

713
03:28:47.040 --> 03:29:01.920
agenda that there be a meeting within 15 days to address it. It's very simple. It's not complicated in any way. And the third one was the one that I think the vice mayor offered that said that

714
03:29:01.920 --> 03:29:18.160
compensation could only be raised by a vote of six instead of five commissioners. Those three very simple things were discussed, debated, understood. There's no mystery about

715
03:29:18.160 --> 03:29:34.239
them. Everyone knows that those are the items and that's what we wrote. Now there are a few >> smaller matters that we made reference to. There is one that is clarifying that

716
03:29:34.239 --> 03:29:50.640
>> clarify please one minute Mr. Geller. What he's saying is it they repeated the same thing on twice commissioner. what they they repeated the same thing twice. And what he's saying is instead of giving us the usual

717
03:29:50.640 --> 03:30:06.640
that I was accustomed to where he would give us this three or four that would actually be on the ballot, he gave you one paragraph that the three or four things that go on the ballot is in reference to those things in that one paragraph. >> Right? There's an attachment that's

718
03:30:06.640 --> 03:30:23.040
available in the clerk's office which is the actual red line. We say that all these items are on the red line >> where >> it's in the resolution in the the ballot the notice and then it's in the the resolution itself. Now let me just say

719
03:30:23.040 --> 03:30:38.560
there were a couple of other things we've made reference to. There's one that talks about the powers of the city manager to enforce uh if you have he has to get an outside um uh expert and and make them pay for it. That's already the

720
03:30:38.560 --> 03:30:54.880
law in this city, but we made reference. There's one that uh Commissioner Smuckler had that's a clarifying language about the fact that somebody has to be not just a legal resident, but we added doicile. It's not really changing anything. It's clarifying. And

721
03:30:54.880 --> 03:31:11.439
then there was one about when the 120 days of absence is counted. And we made reference to those three. Everything else is just there's some little like grammatical corrections or or something.

722
03:31:11.439 --> 03:31:26.160
There's one where it says, "Oh, it's by law instead of referring." But there's three items, three items that everybody understands. Now to be clear, if the

723
03:31:26.160 --> 03:31:41.760
commission wanted if you said we don't want it all combined, I would separate them tomorrow. We will not miss the deadline. Whether it's a hard and fast deadline or not, we're not going to

724
03:31:41.760 --> 03:31:58.319
miss it. And if you preferred it in some other format, I asked check the record before we adjourned last week. I said I would like some instructions on how the commission would like to see

725
03:31:58.319 --> 03:32:15.439
this presented and I wasn't given any. So I struggled with it, did the best I could, came up with something that I think works. If you want to see it differently, that's up to you. But there's no lack of transparency.

726
03:32:15.439 --> 03:32:31.120
Everybody heard the whole discussion last week. There's nothing new. I'm not adding anything. I'm taking those three things. Change the date. Have another meeting within 15 days if you don't

727
03:32:31.120 --> 03:32:47.200
finish. And um the raise in compensation. They're each laid out. There's a backup in the clerk's office. There's no mystery. They're not new. They're not a surprise to anybody either

728
03:32:47.200 --> 03:33:04.319
in the audience or here. They've been discussed and debated at nauseium. So there's the reszo. It makes reference to the clarifying ones and some others. There will be a red line. It's attached. It says that it's maintained notes in

729
03:33:04.319 --> 03:33:20.319
the clerk's office, the full text of each one that was looked at. And it seemed to me because it so much that the committee had suggested was not adopted by the

730
03:33:20.319 --> 03:33:36.560
commission, it made sense to me to try to put them into one item that people could look at and understand and decide if they wanted. But if you want to change that, it's easy to do. And I assure you, if I

731
03:33:36.560 --> 03:33:51.840
have to reward it tomorrow into three or into four or whatever you want to have, there's still going to be nothing new. It's still going to be the exact same items that we spent six hours on a week

732
03:33:51.840 --> 03:34:08.640
ago. Nothing new. >> Mr. Geller, can I speak for a few minutes? >> Thank you, Mr. Mayor. What I'm looking at here and the rest of my colleagues, is that what you're expecting that one

733
03:34:08.640 --> 03:34:24.800
paragraph to be on the ballot? The official ballot is going to have only that paragraph, one question. Is that >> Yes, ma'am. Because we are limited to 75 words. >> Hold on. >> Per item.

734
03:34:24.800 --> 03:34:40.960
>> Hold on. But we're only having one item >> and it's less than 75 words. I made it work. >> Hold on. Don't have to go further. I want to clarify what I'm doing. So, I was at the meeting because I'm a commissioner.

735
03:34:40.960 --> 03:34:55.920
So, I know what this means about compensation, but the public's going to vote yes or no. They have no idea what you're talking about. How do they know what they're voting for? How do they know

736
03:34:55.920 --> 03:35:12.560
that the compensation or the changing of the election date changes to May? How do they know any of this that if it changes to May, the commissioners that are currently

737
03:35:12.560 --> 03:35:28.720
here, not here, the next time we'll get an extra whatever 15 months, >> six months. How did they know that the commission compensation, which I had phone calls on from somebody that

738
03:35:28.720 --> 03:35:45.200
was in the public, that you're not only freezing the salary that cannot be raised without the public's vote, but you're also paying a cola of 3%, which the call I had objected to. But how would the

739
03:35:45.200 --> 03:36:02.399
public know this? Now, again, excuse me. Again, I've only done this. This is my third time. But if I wasn't a commissioner, my husband, and this is what he reads, yes or no, he has no idea what it means. Number one. Number two,

740
03:36:02.399 --> 03:36:16.800
somebody brought up a very pertinent point to me that I think should be on the ballot. A very pertinent point because it was affected something major in our city. And that is the fact that

741
03:36:16.800 --> 03:36:34.800
when we rely on information, the question was to rely on the most updated information and that wanted to be part of the charter and I find that to be whether

742
03:36:34.800 --> 03:36:51.520
it's the sewers going from septic tank to sewers with the cost whether it was Washington Park's brand new complex for the city that happens to be located in Washington Park. The most

743
03:36:51.520 --> 03:37:08.720
updated information when you were voting. So I found that to be all of a sudden that one word added to the charter was very important because 20 year old information was used for

744
03:37:08.720 --> 03:37:26.399
traffic studying and for Eastern Shores population and that's not good doesn't it happens to affect Eastern Shores. So the person that brought that up, no no gain, no loss of money, had nothing to do with any improvements. It had to do with

745
03:37:26.399 --> 03:37:45.040
major major decisions. So to me, I still can't vote on this. How can we vote on what that one thing? You could have six, you could have eight. supportive. I I don't like the changing of dates or anything, but what you're

746
03:37:45.040 --> 03:38:01.680
looking at there's a summary and then in that it breaks everything down. >> Where was it going to break it down? He's saying no. He's saying this is I asked specifically was this all they're going to see and his answer was yes. >> Well, let me say, Commissioner, there are three answers to your specific

747
03:38:01.680 --> 03:38:19.439
question as to how people would know. Um the first one frankly after all the conversation that some members of the commission have had saying that uh you know certain voters pay very close attention whoever that is

748
03:38:19.439 --> 03:38:36.560
um the matter has been discussed extensively and people who follow the city I think >> there's two to 400 people that follow the city >> and number two >> 15,000. Second way that people would know is because it makes reference. If

749
03:38:36.560 --> 03:38:52.239
anybody takes the time to look at a sample ballot, to look at the question in advance, it makes reference to the fact that all of these things are on file >> with the city clerk. >> And then third, yes, for anyone to

750
03:38:52.239 --> 03:39:09.760
check, which is often the case. And third, typically when something like this happens, there is some group or some body that goes ahead and runs a political campaign and urges people to

751
03:39:09.760 --> 03:39:25.840
vote one way or another, to vote in favor, to vote against whichever side they're on. And they communicate to voters and they say, "Vote yes, vote no." and and and those three ways are the things that are done. Keep in mind

752
03:39:25.840 --> 03:39:43.279
even if you if you look if it's your preference that these be split >> we can split them but even then let me just say this even then >> these there's still a 75word limitation

753
03:39:43.279 --> 03:40:01.359
and a lot of these things really are never able to be adequately described in 75 words. you're still making decisions, having shortorthhand. People still have to go through the process of finding out

754
03:40:01.359 --> 03:40:17.359
if they're interested in it, what it entails. But it's if you think it's better to do it that way, we'll do it that way. That's your choice, not mine. >> Okay, Mr. Giller, I come to this commission with common sense. That's my

755
03:40:17.359 --> 03:40:33.040
That's my gift. I'm giving the public my common sense and my 80 years experience and almost 50 years selling real estate. If it's not written and not initialed, it's not happening. The only thing, and

756
03:40:33.040 --> 03:40:49.359
that's why I'm so adamant. This does not make sense. They're going to look it up ahead of time and then they're going to go to the clerk and get the details or they're going to watch the video. No. If you find a hundred people that would do

757
03:40:49.359 --> 03:41:05.359
that, let me know. Two, they're going to go to a group that tells them, okay, maybe the group will tell them the uh maybe they'll tell 50 60 people in that group. What about the other 4,000 or 5,000 are voting? Number three of what

758
03:41:05.359 --> 03:41:21.120
you said, th this is the this is what's going on the ballot. this right here. It can't it can I it not only does it have to be broken up in three things, but I think the other thing is very important to be added because it did change the

759
03:41:21.120 --> 03:41:38.720
charter to demand that the most recent information and I think that that's an important one that should be added and the city manager uh after we decided what to vote on and what not to vote on there was one charter amendment that I wanted the city

760
03:41:38.720 --> 03:41:55.520
manager to explain why he feels that that charter amendment should be included and perhaps added. Now, we could eliminate, as you say, things that are redundant that are already part of our our comprehensive plan or already

761
03:41:55.520 --> 03:42:11.840
part of our ordinances or resolutions or whatever. We don't have to do that. But these three things were pertinent. The thing about having the latest information was pertinent. Maybe something else. And then it needs each one of them.

762
03:42:11.840 --> 03:42:27.520
If you all voted in the last time that the charter was changed, even if you weren't a commissioner, you saw how it was done. It was done with six or seven things. And that's the way you read them. Did you want to change this or you didn't? >> I think it was 10 of them. >> Yeah. And only what?

763
03:42:27.520 --> 03:42:44.720
>> Yeah. So, I I personally I I think there's like five or six here. I would like them separated because there's some that as a voter, I'm not even talking about as a commissioner right here. When I go vote, there's some that I may vote yes and there's some that I vote no.

764
03:42:44.720 --> 03:42:59.600
>> I second that. >> And if it's this way, then I may just have to vote no and and so may many other people. So, I would like to see these separated, please. >> Absolutely. I >> may may I say one thing to Commissioner

765
03:42:59.600 --> 03:43:17.439
Smith. I'm looking at the exact language that um was adopted in regard to 3.1.1K and I don't think that's the one that had the word updated in it. Uh I'm not seeing

766
03:43:17.439 --> 03:43:33.199
>> most recent. The words were most recent. >> Well, I I'm not seeing maybe I'm missing it, Commissioner. I'll show it to you and bring it to you. I'm not see there were some things that were similar that were not adopted. I just don't see

767
03:43:33.199 --> 03:43:49.600
>> Right. I I make a motion to split it up. >> I don't see that that was in the one that you passed. >> It was not and that's why I'm bringing it back that I think it's pertinent. >> I think that's about the variances, right, Commissioner Smith? >> I'd like to make a motion to split them up, please.

768
03:43:49.600 --> 03:44:06.000
>> I second that. >> All right. >> Did you discussion on >> Okay. split them all up. If you have two or three that are going to get approved, >> you're going to have two or three that are going to get approved

769
03:44:06.000 --> 03:44:23.040
and two that are going to lose in this way. It either fails or it doesn't. >> But let the let the people decide on that, you know, not >> No, no, but the thing is is this. See, >> because like I said, I'm not supportive of I'm not supportive of it at all. But

770
03:44:23.040 --> 03:44:39.120
what I will say is this so you guys can understand when they even when we had the 10 or the 20 only what was it two >> it was 10 >> only two of them so go ahead like >> we we had two of them that went through >> 2016 there was I believe it was 10 and only two >> two goals I'm like yeah it doesn't

771
03:44:39.120 --> 03:44:55.880
matter >> or two no two failed >> no no no it was a it was um there was a bunch of them but like >> it was a civil service >> they mostly failed >> they mostly failed they did mostly failed so >> but I want to bring back two that and >> pass

772
03:44:59.279 --> 03:45:15.279
Mr. M Mr. Mr. Kazan with all due respect. Go ahead, Commissioner Smith. >> No, I I think I made the motion, but it doesn't matter to me who makes the motion. >> Can't we get public opinion on it, too? >> No, this was not tied to that. This was tied to we're go. This is a resol this pretty much is a resolution. It's not

773
03:45:15.279 --> 03:45:30.560
tied to that. And we had six hours of this before. We're break. There's a motion to separate, right? >> I made the motion. She made the motion. We both We all made the motion. >> Give them the direction to separate them. >> And let's move on. >> Mayor, I'm sorry, but I have to say with

774
03:45:30.560 --> 03:45:45.760
all difference, >> I'll do it any way you want to, but the commission needs to be Please, I asked last time we wouldn't be having this discussion if you had just given me instructions. >> Well, you know the truth, Mr. Geller.

775
03:45:45.760 --> 03:46:01.199
>> Please, Commissioner, let me finish. >> Well, that's the third time you said that. Let me just say to you who I didn't think you needed that instruction cuz I've seen it done that way twice. I thought that was >> There are multiple ways to do it. I'm happy to split them, but you can't just tell me.

776
03:46:01.199 --> 03:46:18.239
>> I'm pretty sure we said that we wanted them individual. >> You did not. >> We didn't. >> But that said, I asked for instructions and I didn't get it. If you're going to give me instructions now, I'm happy to take them, but don't just say split it and leave it to me. Tell me if you're

777
03:46:18.239 --> 03:46:34.080
going to split them. Tell me how many and which ones. >> You said three main issues. >> Oh, but now I want to bring back Can, Mr. Attorney, can I bring back the two issues? One, I want the manager to just explain to me maybe be off the table

778
03:46:34.080 --> 03:46:50.800
still or something we we didn't understand. And the other one is to add the fourth one because you can have six or eight. And the fourth one that it has to be the most recent information. >> I would the answer is I'd have to locate

779
03:46:50.800 --> 03:47:05.760
where that was and and see what it was part of. But you have a resolution in front of you that encompasses what you did last meeting, but you are the city commission and you have the privilege of

780
03:47:05.760 --> 03:47:23.040
amending the resolution in front of you. And if you want to essentially reconsider something that was voted on last meeting, I think if you were on the prevailing side, which I believe you were, you have, unless you voted no on

781
03:47:23.040 --> 03:47:37.840
that item, you have the privilege of asking to reconsider whatever that was done last meeting. So yes, you have like six, is it five or six items? Let's just make five or six items. >> Just tell me which ones make it part of

782
03:47:37.840 --> 03:47:54.080
the motion. And I'll do exactly that. Each one of them make it one. >> Mr. Mayor, could we please ask the manager to explain the one that we voted down? >> There were many you voted down, but one in particular. >> This is a this was the second one that

783
03:47:54.080 --> 03:48:10.640
really involved really it really involved um I don't know power. I'm going to listen to what he says, but it involved lawsuits and how the city is greatly affected. So, I wanted the manager to tell us cuz it could make a

784
03:48:10.640 --> 03:48:26.399
significant difference in the next 10 years. >> Okay. And and and in 2009, I think it is, there were seven ballot amendments for the city of North Miami Beach. So, we can have six. Fine.

785
03:48:26.399 --> 03:48:42.479
>> Sure. You can. >> Well, there are a few like the one Scrivener's error change to general law. There are few that absolutely the the extending terms if you change the date of the election extending terms by 6

786
03:48:42.479 --> 03:48:58.800
months and the new procedure for uh those people to you know to how they run and those absolutely do go together. So I'm that's why I'm trying those are not each a separate item. the one that makes

787
03:48:58.800 --> 03:49:14.960
a change that says by general law is grouped with some other scriveners errors or corrections and that's why I'm just asking commissioner I'll do it anyway you want to >> have one for the scriveners errors >> okay

788
03:49:14.960 --> 03:49:33.160
>> to cover them all >> can't do up to five please >> there may be more than five >> well it could be six >> I think it's up to Okay. >> If you determine that that's what you want to do.

789
03:49:37.359 --> 03:49:56.359
>> I think it's seven, mayor. I'm sorry. >> I think so. >> All right. There was seven last time. We can do seven again. >> Okay, I'll second that. >> I'm sorry, Commissioner. >> I said there was seven last time. We can do seven again. >> I'll say I'll second. I

790
03:50:01.120 --> 03:50:21.279
>> did. >> Okay. Wait. Could the mayor What are we talking? >> We want to hear from the manager. >> No, but could we hear could we hear what it is? >> Oh. >> Uh, thank you, Mr. Mayor, and thank you so much, Commissioner Smith, um, for bringing this back. It is extreme

791
03:50:21.279 --> 03:50:38.000
extremely important and um like the members of the commission uh members of the charter review uh board were so were very much pro section 7.1 and 7.2 and then we delved into the issue and had a real discussion about it. Um so there is

792
03:50:38.000 --> 03:50:54.080
a perception that the civil service boards are there to protect the employees. um and to the extent that is how they're perceived and what the intention is behind them and there are as um the uh labor board leader had

793
03:50:54.080 --> 03:51:11.520
mentioned before at the last meeting there are several cities that still have civil service board. Uh so it begs the question why are so many cities getting rid of their civil service board and it's due to the liability that they create. If you look at every city that

794
03:51:11.520 --> 03:51:29.920
still has a civil service board, it is advisory only advisory only to the ma to the uh excuse me the city manager's office and that is because of the serious charter issues that are posed by the uh old way by

795
03:51:29.920 --> 03:51:45.840
which civil service boards were created. Um, in the past, civil service boards could hear complaints uh from employees and they could make decisions to overturn the manager's charter powers

796
03:51:45.840 --> 03:52:01.680
which is to hire, to fire, to promote or demote, which is in section 3.1 of our charter. And that is where the liabilities lie up. In addition, it has also becomes a hotbed of corruption.

797
03:52:01.680 --> 03:52:18.399
when you have an opportunity where um as we had in my in a previous city. >> Oh yeah. [laughter] >> Very well documented where there are elected officials and residents that will say to employees, "Hey, I'm on the civil service board or have influence on

798
03:52:18.399 --> 03:52:34.479
the civil service board. If you get in trouble, we'll get it reversed." And there's an exchange of money or some type of consideration and that moves forward. um civil service boards uh and you have a separation of powers issue.

799
03:52:34.479 --> 03:52:51.680
Again, section 3.1 of the charter says the manager has the sole authority to hire, fire, promote, and demote. So, I can delegate my powers to the assistant city manager. I can delegate my powers to the deputy city manager. I can delegate my powers to a board. But the

800
03:52:51.680 --> 03:53:08.399
commission does not have the authority to delegate powers you don't have. And when you select uh someone for a civil service board that is then going to be empowered to hire, fire, promote or demote, you're in violation of the charter and you open the city up to significant liabilities. So in section

801
03:53:08.399 --> 03:53:24.000
7.1, >> I Mr. Mayor through the mayor, please talk about 7.1 as well. >> Yes. And I know 7.1 is very important to Mr. Geller because of the lawsuits that you're begging to have by not uh and we were in agreement with and again the

802
03:53:24.000 --> 03:53:40.560
charter review members they were pro- 7.1 and then we delved into the issues and went by one by one and Mr. Geller was specific about how 7.1 for one example and if I just give you one example only according to 7.1 the

803
03:53:40.560 --> 03:53:56.479
manager can only terminate someone on their anniversary. So that means every time somebody is let go and is not the anniversary, they have a lawsuit based on our charter. So why would we leave that there? And that's what the charter

804
03:53:56.479 --> 03:54:11.840
review committee saw and that was why they changed course and recommended that it be put to the residents to have it removed. >> So I really need everybody's input. Please commissioners, help me with this one because you're ying and a yang to give up the civil service board.

805
03:54:11.840 --> 03:54:28.080
Commissioner Smith, I just want to point out >> the discussion about the civil service board that the manager has is important, but that 72 and three and four. 7.1 that says he can terminate department

806
03:54:28.080 --> 03:54:45.040
heads does not require that you get rid of civil service board. I'm not saying you shouldn't, but 7.1 is separate and it's designed to help us in litigation. Okay. 7.1 I wasn't discussing because I'm total agreement that that should go

807
03:54:45.040 --> 03:55:00.399
on the ballot. >> That 7.1 should go on. But 7.2 I to eliminate the civil service. When you're not in the union, you won't have a voice. And yet, if that's the case, I didn't realize that the civil service

808
03:55:00.399 --> 03:55:18.080
may suggest that you can't that they shouldn't be fired. But that doesn't mean that that is the final word that they aren't fired. In other words, if the manager, forget the manager we had, Mr. Williams, let's say four years from now, a manager fires

809
03:55:18.080 --> 03:55:35.199
somebody and they go to the civil service board. If the civil service board reverses it, the commissioners get no say from what I just heard. Now, if the civil service and if that's your buddy because your buddy was in that department with you and you want to

810
03:55:35.199 --> 03:55:50.960
reverse it. So, I mean, I need help. I need help. This board is five residents and one from the police union and one from the >> general employees union and I served as a chair of the civil service board for

811
03:55:50.960 --> 03:56:07.120
years and I was in the committee prior to being the chair for years and I don't ever remember um I mean there was only one time that there was a case about firing somebody that that we actually reversed it but

812
03:56:07.120 --> 03:56:22.720
that was one time in in years and that was with attorneys and and attorneys for this side, attorneys for that side. That was like that that meeting took hours. Um, but I I I'm will never get rid of the civil service board. I don't have an

813
03:56:22.720 --> 03:56:38.239
issue with getting rid of that thing about 7.1 the one about the anniversary. Just the anniversary. >> Um, as if 7.1 is only about the anniversary, but at the same >> No, ma'am. There's one other thing that says

814
03:56:38.239 --> 03:56:54.479
divides classified from unclassified. The old definition of >> only doing the anniversary one. >> The only the the old definition said that only department heads are

815
03:56:54.479 --> 03:57:10.000
unclassified. Everyone else is classified service. When that was adopted, >> let me just explain. When that was adopted, there didn't exist deputy city manager, assistant city manager, chief

816
03:57:10.000 --> 03:57:28.160
of staff that department heads report to. So the revised definition would say if you're that high ranking that department heads report to you, then you're not classified service like

817
03:57:28.160 --> 03:57:46.160
someone that's in the engineering pool. you are in the same category as department heads because you're you rank above the department heads and that will help us to avoid lawsuits from every one

818
03:57:46.160 --> 03:58:02.000
of those people if terminated because they should not be classified instead of UN because people who report to them are unclassified. All right. And and then one one more

819
03:58:02.000 --> 03:58:19.680
thing, the the reason that there hasn't been a civil service board meeting in eight years, by the way, is because the prior commit prior meeting to prior to me coming on did changes to to the the um

820
03:58:19.680 --> 03:58:35.760
to no, the the the the it wasn't the charter. It was the civil service rule changes was done by the commission. It was done by the commission. They they Okay, actually let me backtrack. The

821
03:58:35.760 --> 03:58:51.760
civil service board did changes. Our changes were more to modernize it to do uh you know instead of he yet well instead of saying he or she, it was, you know, correct terms. Uh we added um

822
03:58:51.760 --> 03:59:06.720
things that just were no, you know, that the civil service was done in in the 50s. We just modernized it a little bit and we passed it and it came to the commission and the then manager and the then mayor did not want the civil

823
03:59:06.720 --> 03:59:22.800
service board. then I'm not saying now the then the then manager and the then mayor did not want the civil service board and they changed it completely from what the civil service board ruled and they changed it completely and

824
03:59:22.800 --> 03:59:38.160
that's why there hasn't been a meeting in eight years because there's because there was no power to the civil service board. So if the then commission eight years ago, eight eight and a nine years ago, nine years ago did this, why can't

825
03:59:38.160 --> 03:59:54.560
why can't we do the same thing ourselves? Why why are we even discussing about doing this on the charter >> on sorry on our ballot >> if no but like okay so can we >> because like I said I just want us to move on. Can we just can we see if we

826
03:59:54.560 --> 04:00:11.040
can do this by another form of legislation through an ordinance please on the civil service? If we can, but I don't want the deadline of the 24th to pass and then find out we can't. >> I think 7.1 >> the ballot 7.1. >> I'll I'll I'll accept the one about the

827
04:00:11.040 --> 04:00:25.120
anniversary. >> All right. So, is there a >> I would like to add 7.1 and I'd like to add um also the one that says the most current information >> um with with deference. Is Mr. is the

828
04:00:25.120 --> 04:00:41.439
chair Mr. Kazan still here? left. >> I I'm not sure where that is. I'll look for it, commissioner, the updated. But first, there's a motion, mayor, by to reconsider the decision on 7.1. If the motion to reconsider passes,

829
04:00:41.439 --> 04:00:58.319
Commissioner Smith could then move to add that item. >> Is there a there's a motion, a second? All in favor say I. >> I. I. >> Now, have to make the motion. Commissioner >> make the motion >> to add a motion that the ordinance regarding that the if the if they need to hire engineers if they need to the

830
04:00:58.319 --> 04:01:14.160
>> No. So you need to do 7.1 first. Commissioner, you did that. You just reconsidered it. You have to vote on it. >> Had a motion to reconsider the 7.1 the anniversary one. >> Okay. Now we have to vote on it. >> Yes. >> Okay. I make a motion we vote on 7.1 on the ballot. >> A second. >> Second.

831
04:01:14.160 --> 04:01:30.399
>> All say I >> oppose. All right. Next. Okay. The one about the >> I'm opposed. Wait, wait, wait, wait, wait, wait. Let's do it. Wait. >> This is 7.1. Isn't this what you said? You >> Well, I want the anniversary part. That's it. Oh, okay. But I thought he said it was something else. >> No, that's that's

832
04:01:30.399 --> 04:01:47.760
>> the other thing in it was that deputy city manager assistant can't sue. >> No, no, so there's only two items. One the the looking up the to the the most updated information and >> that's right under under the engineer ping. >> Okay. So I have to find the commission.

833
04:01:47.760 --> 04:02:02.800
>> The anniversary. We just voted on the anniversary. All right. >> Commissioner was a no. >> I'm a I'm a yes. >> Okay. So that passes. Okay. >> 7.1 >> on anniversary. Next is the the most recent information. >> The most uh the most updated information on the engineers where they have to if

834
04:02:02.800 --> 04:02:19.120
the city's requiring it, the developer has to pay. But it has to be the most updated information. >> I have a motion and a second. I have to find that sir. I'm sorry. If if somebody we had to hire it, they the developer had to pay. >> Developer had to pay, >> right? >> Yeah, that's in there. Okay.

835
04:02:19.120 --> 04:02:35.439
>> So, that's adopted already. But this thing about the update, I don't see where it is. >> I guess you have to add the just to add the language in when you when you draft it up. All right. So, we got a >> motion. A motion. >> A second. >> Second. >> All in favor say I. >> I. >> I oppose. >> I for the development.

836
04:02:35.439 --> 04:02:50.720
>> Yeah. It's just for that that All right. I >> I oppose. Next item is um >> now we're going into the consent agenda. Please, >> mayor, if I might, I just one last housekeeping thing. You've just added two things.

837
04:02:50.720 --> 04:03:06.720
>> I need the We have We have >> that passed by Commissioner Smuckler identifying how many items to be increased by the number of items you just added. >> Up to Yeah, we voted up to seven. >> No, that will be five now.

838
04:03:06.720 --> 04:03:23.840
The was previously seven and you just added two which I think takes us to nine. >> No, that's not what it is. >> No, we didn't. >> Up to seven ballots. >> Up to seven ballots. That's what I'm saying. >> Whatever information you have >> to the best of your ability. We've already voted on it. >> You put two of them, three of them

839
04:03:23.840 --> 04:03:40.000
together of the ones that we passed before. Continue to do that. >> Continue to do say up to seven. The three that are on here. Remember that if we added nine and each message be five words, how is she going to condense them? >> Because some of them are >> so So let's just make let's just do

840
04:03:40.000 --> 04:03:56.479
nine. I mean up to nine. >> Up up up up to nine. All right. You got >> I make a motion to up to nine. >> I have a motion in a second. All in favor? She has to resend the other motion first. >> I resend my >> So you want to up you update it. >> Resend update. >> Have we reached seven already?

841
04:03:56.479 --> 04:04:12.080
>> You I think they were. Yes, sir. Where? Where's >> If you really split them all up, I think yes. >> My previous motion and change it to up to nine. >> Okay. >> But excuse me. Excuse me.

842
04:04:12.080 --> 04:04:28.880
>> What we're saying, what I think we're saying is when you said that one that we're already part of an ordinance in our city, we don't need that. We still don't need that one. Why do we have nine? the one that you're pushing.

843
04:04:28.880 --> 04:04:43.760
>> No, we should have we should have >> the one that you said about current liable data. That was the one we said that that's reli >> But the ones when you said earlier to Commissioner Smuckler had something that she wanted. You said that's already in an ordinance. What was it?

844
04:04:43.760 --> 04:04:59.840
>> No, what I said was that >> No, there was he when the city attorney said that the minor ones weren't going to go on the ballot because they were already part of an ordinance. No, he she was talking about um I >> I was talking about how the vote how the

845
04:04:59.840 --> 04:05:17.359
commission itself changed a civil service. >> No, no, no. That had nothing to do with it. >> Okay. Okay. Okay. But like just so right now just to clar because look all right. >> No, she just said up to nine and I might need it. Mayor, I might need

846
04:05:17.359 --> 04:05:34.800
>> up to nine doesn't mean nine. So you got a motion. Second say I >> I >> I >> Okay, last thing Mayor just the item Commissioner Smith that you're talking about I believe is 1-4. It says current

847
04:05:34.800 --> 04:05:50.479
and reliable data just as a note you what passed is for that section one-4. Well, you voted yes. >> No, I mean but it didn't pass the other day. Okay. >> The other day it didn't. Now you move to recon but

848
04:05:50.479 --> 04:06:15.120
>> to bring that up. >> And what was the power one? >> What up? >> Like the first one was a power thing >> anybody manager >> the mic. >> What was the power? The first one was like something on power.

849
04:06:15.120 --> 04:06:31.640
>> 7.1 I think. 7.1 commission. >> 7.1. >> Yes, sir. >> All right. So, can Madame Clerk, can we go to consent, please? Go to consent, please. Move to approve consent agenda. >> Second. Please read. >> Attorney.

850
04:06:33.840 --> 04:06:51.199
Okay. [snorts] >> Consent agenda. >> Yes. It's a long one. >> Oh, yeah. Item 12.1, commission conference minutes of June 16, 2026, sponsored by the city clerk. Item 12.2, regular commission

851
04:06:51.199 --> 04:07:08.160
meeting minutes of June 16, 2026, sponsored by the city clerk. Item 12.3, special commission meeting minutes of June 22nd, 2026, sponsored by the city clerk. Item 12.4, 4 special commission meeting minutes of

852
04:07:08.160 --> 04:07:24.880
July 6, 2026 sponsored by the city clerk. Um, I'm going to need your help, madame clerk, to identify the polls when I get to them, the ones transferred to legislation or deferred period. >> All right, let's do Item 12.5,

853
04:07:24.880 --> 04:07:42.160
resolution number R2026-87, ratifying and approving a budget transfer within the community development department. Sponsored by the city manager. Resolution the mayor and city commission of the city of North Miami Beach, Florida ratifying and approving a budget transfer within the annual budget for fiscal year October

854
04:07:42.160 --> 04:07:59.520
1st, 2025 to September 30, 2026 in the amount of $150,000 from salaries and related benefits accounts to professional services accounts within the community development department to support staff augmentation services previously authorized pursuant to resolution number R2026-71.

855
04:07:59.520 --> 04:08:14.399
providing for implementation, providing for scrum reserves, and providing for an effective date. Item 12.6, resolution number R2026-88, approving the lease buyout of 27 vehicles from Enterprise Fleet Management, Inc. in an amount not to

856
04:08:14.399 --> 04:08:30.720
exceed 56,610 sponsored by the city manager. A resolution of the mayor and city commission of the city of North Miami Beach, Florida, approving and authorizing the buy out of 27 leased vehicles from Enterprise Fleet Management, Inc. upon completion of their lease terms in an amount not to

857
04:08:30.720 --> 04:08:48.479
exceed 56,600 authorizing the city manager designated all things necessary to effectuate this resolution providing for conflict providing for scriven service providing for severability and providing for an effective date item 12.7 uh resolution number R2026-89

858
04:08:48.479 --> 04:09:04.640
approving and authorizing a purchase order with TROVA Inc. for the souls purchase of turnkey rehabilitation of the sodium hypocchlorite pump room sponsored by the city manager resolution the mayor and city commission of the city North Miami Beach Florida approving and authorizing a purchase order with trial Nova Inc. for the sole source

859
04:09:04.640 --> 04:09:19.840
purchase of turnkey rehabilitation of the sodium h sodium hypocchlorite pump room in a budgeted amount not to exceed $196,882 authorizing the city manager designated all things necessary to effectuate this resolution subject to the budget

860
04:09:19.840 --> 04:09:35.600
appropriation and availability of funds providing for conflicts providing for scrims providing for severability and providing for an effective date um >> deferred >> the next one is deferred to the next commission meeting. Is that right? 12.8.

861
04:09:35.600 --> 04:09:51.600
>> Yes, sir. >> Okay. So, item 12.9 uh resolution number R2026-91 approving and authorizing change order with Rexel USA. Sponsored by the city manager. Resolution is mayor and city commission of the city of North Miami Beach, Florida. Approving and authorizing a change order to the

862
04:09:51.600 --> 04:10:08.239
contract with Rexel USA, Inc. increasing the contract by an annual amount not to exceed $55,000 for the purchase of Allen Bradley and Rockwell Automation Equipment and Services. Authorizing city manager designated to do all things necessary to effectuate this resolution providing for conflict providing for

863
04:10:08.239 --> 04:10:24.560
scriven service providing for severability subject to the budget appropriation availability of funds and providing for an effective date. Item 1210, resolution number R2026-92, authorizing a change order in the contract with Proivity Government Services, Inc., sponsored by the city

864
04:10:24.560 --> 04:10:40.399
manager. Resolution the mayor and city commission of the city of North Miami Beach, Florida, authorizing a change order to the contract with Proivity Government Services, Inc. increasing the estimated expenditure by $25,000 for temporary staffing services authorizing city manager or designated to do all

865
04:10:40.399 --> 04:10:57.040
things necessary to effectuate this resolution providing for conflicts running scriveners errors providing for severability and providing for an effective data item 12.11 uh resolution number R2026-93 approving and authorizing change order with Mulsi Inc. Sponsored by city

866
04:10:57.040 --> 04:11:12.560
manager resolution mayor and city commission city of North Miami Beach Florida authorizing a change order to contract with Migoli increasing the estimated expenditure by 26,539 for the northeast 168th Street Northeast 20th Avenue roundabout project

867
04:11:12.560 --> 04:11:27.600
authorizing the city manager manager or designate to do all things necessary to effectuate this resolution providing for conflict providing for scriveners providing for severability and providing for an effective date item 12.12 resolution number R2026 6-94 approving a

868
04:11:27.600 --> 04:11:45.359
change order with AMI engineering LLC sponsored by the city manager resolution the mayor city commission of the city of North Miami Beach Florida approving and authorizing a change order of the contract with AMI engineering in uh AMI engineering LLC excuse me increasing the annual expenditure by $32,000 for the

869
04:11:45.359 --> 04:12:01.600
purchase of professional engineering services authorizing city manager designated all things necessary to effectuate this resolution providing for conflict providing for scriven providing for severability subject to the budget appropriation availability of funds and providing for an effective date. Item 12.13

870
04:12:01.600 --> 04:12:17.840
resolution number R2026-95 approving utilization of state and federal law enforcement funds for federal uh I'm sorry state and federal law enforcement should say forfeite funds for related police purchases sponsored by the city manager. A

871
04:12:17.840 --> 04:12:32.080
resolution of the mayor and city commission of the city of North Miami Beach, Florida, approving and authorizing the purchase of law enforcement, operational equipment, supplies, and wellness services utilizing law enforcement trust fund funds in an amount not to exceed

872
04:12:32.080 --> 04:12:49.359
$211,000 inclusive of $100,000 from the state law enforcement trust fund number 173 and $111,000 111,000 from the federal law enforcement trust Trust fund number 172 providing

873
04:12:49.359 --> 04:13:04.880
for implementation providing for conflicts providing for severability and providing for an effective date. Apparently >> number 1214 is moved to legislation. >> Item 1215 >> pulled. >> That's also legislation.

874
04:13:04.880 --> 04:13:19.760
>> Yes. >> Okay. Pulled to legislation. Um item 1216 was that one of the settlement agreements pulled to legislation. Item 1217, the other settlement agreement pulled from consent. Move to legislation. Move to >> that concludes. >> Second.

875
04:13:19.760 --> 04:13:48.720
>> All say I. >> I. >> All right. >> No, I didn't move. >> You guys want to move yours? So, >> figures. Mr. Manager, if you can update us on the

876
04:13:48.720 --> 04:14:05.520
um figures contract. >> Uh yes, Commissioner. So, the figures contract uh we reached out to um some time ago. We actually reached out to uh the management over at Figures to try to get some clarification on the services that they are contracted to provide to

877
04:14:05.520 --> 04:14:21.840
see if we could uh move that item forward. uh seeing that there had been little progress in the city uh on that particular item, I requested uh on several occasions to get a meeting with a member of their team and staff. Um and we did not get a response. Um we did see

878
04:14:21.840 --> 04:14:40.000
and I was copied on some responses to um the commission with regard to status and update. However, with regard to providing an actual service to the city for the amount of money and the expenditures that were we were paying um didn't make sense

879
04:14:40.000 --> 04:14:56.720
um and we needed to get a resolution as quickly as possible and we and from my perspective uh considering the exorbitant I would say above market rate of the contract I expected above market services. Um, so before terminating the contract, I wanted to see if there was

880
04:14:56.720 --> 04:15:13.439
something unique uh which would um make sense about the additional cost um so that would make uh the product or service uh better for the residents. Unable to get an answer to that, we sent a termination letter uh to uh the

881
04:15:13.439 --> 04:15:31.439
figures u team. They uh subsequently uh continued to send invoices uh which were not paid. Um and we sent back to them their um uh their termination letter um denying payment um and that

882
04:15:31.439 --> 04:15:49.520
was the last of the engagement. >> Okay. So now we paid them and they did not provide any services to us. >> Uh that would be accurate. Yes. >> All right. So, can we um

883
04:15:49.520 --> 04:16:06.399
get money back? Ask for money back. >> We can certainly ask. Uh we can certainly ask and we will look to do that. I did review their contract though and they do. Now, there was something in the contract that says that they do a setup period. Now, certainly not going

884
04:16:06.399 --> 04:16:22.720
to be months and months and months. Um, but it was I think we're in month six of the contract and still hadn't had a service provided to the residents. Um, but let's assume that the first three months was a setup period for them where they're working on their back end and

885
04:16:22.720 --> 04:16:39.199
working on um uh the infrastructure, the digital infrastructure here with the city. Uh then we could look to get or request three months return. >> All right. I I would like to request everything back because if they haven't done anything then they shouldn't get paid.

886
04:16:39.199 --> 04:16:54.960
>> Certainly we will look to do that and I will also defer to the city attorney if there is a to uh meet with him go over the contract to see if there's an opportunity for us to recoup dollarers from a litigation standpoint and if he see it sufficient and worthy to do that. >> Yes sir.

887
04:16:54.960 --> 04:17:11.199
>> Yes. >> Um through the mayor. I [clears throat] have a question about this. Was it ever procured? Um, yes. Yes. >> So, there was a comparison and we still chose an expensive one. >> It wasn't that type of procurement. It was a waiver.

888
04:17:11.199 --> 04:17:28.880
>> Oh, so the manager is allowed to wave [clears throat] >> under certain circumstances. Yes. According to our procurement policies and procedures, yes. >> Like, can you name a couple of circumstances for me, please? >> Yes. I'll bring up the uh chief procurement officer uh Mrs. uh deposit

889
04:17:28.880 --> 04:17:48.800
to provide that listing. >> I actually think commissioner, but from recollection without it in front of me that it takes a vote of the commission to wave that. >> That's what I think. >> Good evening, mayor, commission. Um

890
04:17:48.800 --> 04:18:06.399
our city code, our procurement code um does have uh language that we can wave um bids for certain projects. Um it may fall under an exemption um uh and we are able to move forward under the manager's

891
04:18:06.399 --> 04:18:24.080
threshold. Um as well bid waiverss under the manager's threshold are able to move forward. Um these services were uh reviewed and uh by the previous city manager and the CMO team. So um we moved forward after

892
04:18:24.080 --> 04:18:40.319
um signing off on the agreement. The agreement went to the city attorney and we moved forward with that agreement. >> Just um because I'm did you procure the other vendor that we have for text messaging? >> No. >> Oh, you didn't do that either. So let me

893
04:18:40.319 --> 04:18:54.479
let me we're using the word procure right. So um procure um is kind of to get right and so under under the procurement code there are different ways to attain uh goods and

894
04:18:54.479 --> 04:19:10.800
services. It's not always with um uh going out to bid in the market. So there are different variations of how we procure items. And so under our code we're able to procure in various ways. And so if you're asking um did these services go out to bid, the answer is

895
04:19:10.800 --> 04:19:27.359
no. The other um uh service that we had through the other vendor did not go through a a formal solicitation. >> Oh, the previous one didn't either. >> No, it did not. >> Oh, interesting. Okay. I was just curious about that. >> Yeah. >> All right. Your turn, Commissioner Sue.

896
04:19:27.359 --> 04:19:43.040
Your next item. >> Okay. [clears throat] So, this is again about the city attorney. Uh once again I'm raising an issue a serious concern regarding the performance of our city attorney. I think today we have had many examples of

897
04:19:43.040 --> 04:20:01.600
having agenda items or you know that we are supposed to be voting on being placed on the deis on the day of. Last time we had four items. The time before that we had a couple. I think this is not um well let me to keep the time

898
04:20:01.600 --> 04:20:18.960
straight here. So the level of legal counsel being given to us, our staff and our residents are is unacceptable. The city attorney's job is to advise the commission and not be the eighth commissioner. Yet at our May meeting and our city attorney took the took it upon

899
04:20:18.960 --> 04:20:34.560
himself to declare quote unquote without objection that a citizen petition should move forward without the required commission vote. He was he has no right to assurp our procedural authority. Our city attorney also seems to be

900
04:20:34.560 --> 04:20:51.040
unfamiliar with basic parliamentary procedures. Instead of giving us clear guidance on our charter and Robert's rules, we are given a roundabout and a and left without any direction. Many of times the the our city mayor actually

901
04:20:51.040 --> 04:21:08.319
made um a motion without giving up his gavvel to the vice mayor. There's just several items that happen like that without his intervention. I'm also troubled by the way legal matters are being handle handled. Our agenda for tonight's meeting include the settlement

902
04:21:08.319 --> 04:21:23.840
of lawsuits wi which we were expect to vote upon whether or not to approve. I was it was originally placed on the consent agenda as if it were some routine administrative item or that something that we had already agreed upon. If we didn't pull this down for

903
04:21:23.840 --> 04:21:40.560
discussion, we would have not had that discussion. I've already, you know, this is, we have talked extensively about that. I'm not going to bore the rest of the audience about this. But, um, meanwhile, um, we didn't have this this settlement talked about. It's a six-f

904
04:21:40.560 --> 04:21:57.680
figureure settlement. We know nothing about it. There's not enough evidence or information that was given with us in the documents like how the process actually came to where it was. So, I assume that I'm not the only member on this commission being put in an unacceptable position. When it comes to

905
04:21:57.680 --> 04:22:12.399
legislation, especially decisions that involve large sums of taxpayer money, we must do what is best in in the interest of the city's residents. We cannot do our job if we're illinformed or misinformed by our city attorney. Yet,

906
04:22:12.399 --> 04:22:29.199
we will be the ones held accountable. Again, this is unacceptable. This pattern continues with other other legislative matters. As of 1:00 in the afternoon today, obviously like we got it on the day. So that their meeting had

907
04:22:29.199 --> 04:22:44.800
concluded the the charter review committee had concluded May 20th. They had another little thing that they wanted to clear up on a Zoom call June 29th and today is June 22nd. We did not

908
04:22:44.800 --> 04:23:00.880
rush him and say you have to get it done in a week. Sorry, July 22nd. Thank you. So according to chapter 2 article 1 section 2- 2-1.2 to our agenda and all relevant

909
04:23:00.880 --> 04:23:17.359
materials thereto must be concluded five business days preceding the city commission meeting and posted and delivered by 5:00 p.m. Our residents have a right to review everything with plenty of advanced notice before a meeting. There is no information about

910
04:23:17.359 --> 04:23:34.880
this proposed charter amendment posted on the agenda as we speak. I also asked the city clerk if she could uh give us the minutes from the meeting July 14th and that was also not yet ready. But all in all, I think that the the attorney

911
04:23:34.880 --> 04:23:51.199
had attended every single charter meeting and he had taken notes and and he had had the help of our committee me members such as Mr. David Templer and Mr. Bruce Cousins to help draft and do the red line document. But it wasn't

912
04:23:51.199 --> 04:24:07.279
it's still everything that is done. I understand that Elizabeth was also helping the attorney in doing this. She stayed late at night to complete that type up for him. And yet we still don't have we have a one item with three

913
04:24:07.279 --> 04:24:24.640
subsections of the item to vote on for the for the people for the voters. NMBB taxpayers are spending over a million dollars a year for legal services that are frankly below subpar. We and our residents expect more and

914
04:24:24.640 --> 04:24:41.520
deserve better. There are many more issues that need to be addressed, but I think everyone here gets the point by now. Our city attorney needs to be held to the same standards as we hold for our city manager. We are not getting the same level of excellent service from our attorney as we receive from our manager.

915
04:24:41.520 --> 04:24:57.279
And again, this is unacceptable. We cannot do our job if our city attorney doesn't do his. I certainly do not expect to have to bring this up again because our residents deserve excellence from us as well as our charter employees and the entire staff of the city of

916
04:24:57.279 --> 04:25:15.040
North Miami Beach. >> Mr. Mayor, >> may I ask Commissioner Sue a question? >> Go ahead. Commissioner, you asked me for the July 14th. Um, >> I did over the phone. I asked you where's the Remember when I was asking

917
04:25:15.040 --> 04:25:30.880
you about the the document, the attachment? I said, did you also have the minutes? We're missing the minutes from the 14th >> and on the agenda there is no minutes from the 14th. >> No. What did I answer? >> No, you said you don't have it ready

918
04:25:30.880 --> 04:25:46.000
yet. >> Okay. because you said you weren't here. You don't know if Elizabeth and you did refer to Elizabeth and you said you don't know if Elizabeth had prepared it already, but as of like you verifying it, you didn't have it.

919
04:25:46.000 --> 04:26:01.439
>> Okay. Next discussion item is proclamation. Yours item item. >> Okay. Thank you. >> Thank you. >> All right. Um today yet again we we exceeded our our time for the proclamation and

920
04:26:01.439 --> 04:26:17.120
recognition. I don't want to take any recognition away from any of our residents, but I want us to be cognizant of the time that we spend in recognizing individuals when we are actually doing the work of the public, all of North

921
04:26:17.120 --> 04:26:34.000
Miami Beach residents. I also want to make sure that we are protecting the sanctity and the sacredness or the special um you knowness of our our proclamations. I don't know how many proclamations that we have issued this year, but I know that at one event there

922
04:26:34.000 --> 04:26:50.159
was a proclamation given to everyone and it was on site and of course I'm glad that that did not happen our in our city hall in our chambers because if it did we would probably be here till 10:00. So my my point in bringing this up is to ask for your cooperation.

923
04:26:50.159 --> 04:27:06.560
>> So you want to agree to just one? >> Hang on. Hang on. I I I I have a I have a proposal set and um I'd like to um hear what you have to say afterwards. Um I don't want to take away your ability to recognize someone, right? At the same time, I think like we should reserve

924
04:27:06.560 --> 04:27:23.359
certain proclamations like that we want to recognize certain residents who have been longtime residents but have deceased. And um maybe we can call those resolution of condolences instead so that it is separated from proclamations. I would love to give proclamations,

925
04:27:23.359 --> 04:27:38.960
certificates and key to the city to people who will actually like in the level that it is deserved. So, and and and you're and deserving is in your judgment, right? I'm not going to tell you how to judge that. You get to do

926
04:27:38.960 --> 04:27:53.359
that because this is within your right as an elected official. So >> the the only thing I would say to not to cut you off is because something was brought up and this needs to be mitigated a little bit harder and um there was a key that was given this past

927
04:27:53.359 --> 04:28:09.920
weekend. Not everybody to your point because you said you know anything about I I found out about it later on. I know was there was a calendar invite that went out to to whoever is responsible. Let's be clear. It was right. But that didn't I think we should do a lot a better job in informing all of us

928
04:28:09.920 --> 04:28:26.640
especially when it's something like that to be a lot more um aggravated in letting us know that that honor is going to be offered >> just so because I know you me that was the one thing that stuck out you said you didn't know when that would happen >> talking to the mic Mr. Mayor microphone. Yeah. >> So, I I I didn't know what I I knew it

929
04:28:26.640 --> 04:28:41.359
was happening, but even even it slipped my mind. That's what I'm saying. >> I'm going to add from now on when we donate anything from the city when we get to the events that they invite the mayor and the commission to everything

930
04:28:41.359 --> 04:28:57.920
that we participated because we did not get invited. And we did give them the auditorium. Not the auditorium. We gave them the amphitheater and we gave them the generator and they did not include us on an invitation to be there. >> No. Well, no. No. I'm just a cl No, we

931
04:28:57.920 --> 04:29:14.080
were all We were all invited. No, what I'm saying this was more of like communication. No, we were all >> Yeah, it started as solicitation for >> Yeah. >> from him. >> We were all invited. >> But I'm talking about an email to invite you so you know what time where are you going to be on stage? Is there run of

932
04:29:14.080 --> 04:29:30.826
the You're going to get the key. >> The email had the run had the time. It was >> it was >> I got the I got the email invite said at this time the key will be presented. I just think that we have to do a better job >> at least letting us all know when when those events are happening. >> So it was there. I saw I saw it

933
04:29:30.826 --> 04:29:46.800
[clears throat] on Saturday. >> It was on Saturday and it said at this specific time the key will be given. It said it. >> Well, it's on my calendar. I think um Bernice actually wrote us an email. I believe >> it's not in my calendar. >> I'm not going to I know it was out. I know. I saw it in I saw it in the calendar. July. There's my city

934
04:29:46.800 --> 04:30:02.399
calendar. July 18th. >> No, no, no, no, no, wait, wait, wait. Just to clarify, um um Bernice is here. Please, cuz I have her email, so like I'm not going to throw anybody in the bus. I got the email. >> It's not in my calendar. >> Go ahead. >> Yes. Good evening, Mayor and

935
04:30:02.399 --> 04:30:17.760
Commissioner, city managers, city attorney, and city clerk. Um, when I receive a request for a key or proclamation to be presented out off site, I do send an email with and I do

936
04:30:17.760 --> 04:30:35.439
request from the requesttor to give me specific information in terms of time almost time certain of the presentation and then I do send an email to mayor and commission letting them know the time, location and the presentation.

937
04:30:35.439 --> 04:30:52.399
I receive >> and I put on the calendar if I get an invitation that I would put that on the calendar. >> Can I I just want to get through my >> Okay. Go ahead. Go ahead. >> Yeah. I just want to get through. So So I I there's four categories of things that we usually use as a reward or as a

938
04:30:52.399 --> 04:31:09.199
recognition, ceremonial presentations, whatever. So I'm thinking of resolutions of condolences, certificates, proclamations, key to the city. Now, I think the highest honor in giving all these awards out is at city hall, right? Because they have the backdrop. They have all of us here to take pictures

939
04:31:09.199 --> 04:31:24.560
with them. It's not an individual person giving them the proclamation. So, I was thinking that perhaps we could limit it to one commissioner, one proclamation per month in h in the chamber. Then whatever you want to give outside,

940
04:31:24.560 --> 04:31:40.720
that's up to you. So >> I what I would suggest is this. I think we need more of a policy. It's going to take some time to draft that up. If you want to work with staff and manager's office to come up with >> No, actually I did. I worked with staff on this. >> It's not here.

941
04:31:40.720 --> 04:31:56.960
>> No, no, no. It's not there. It's >> Can we have something so we can work on as opposed to I just said like for for like our our commission conferences. Can we just just for like amongst us can we just keep it to one >> one hour >> no one not one hour

942
04:31:56.960 --> 04:32:12.399
>> one proclamation one proclamationclation >> proclamation slashcertificate that's what I was saying >> or recognition or rec >> yeah one recognition per >> whatever that per commissioner right >> can we just can we just relegate it to that >> I really want to do that that's what I was saying so so I have a a question so

943
04:32:12.399 --> 04:32:29.120
I'm I'm doing one next month no in September I think for hunger month or something and I think someone else wanted to do it with me. So, does that count as >> a half? >> One for Is that a half or >> So, if three people sponsor, it's a

944
04:32:29.120 --> 04:32:44.239
third. >> No, like seriously, does that mean >> Well, you have a you have a prime sponsor and you have a co-sponsor, so that'll be yours. I guess everybody can co-sponsor, >> Mr. Mayor. >> Yes, Commissioner. Um, Shernoff, sorry. >> Haven't we had this discussion two or three times? >> I know. I know.

945
04:32:44.239 --> 04:32:59.439
>> We never came up with like two months ago. Well, we said we >> No, the manager came up with a >> No, the manager didn't. >> Yeah, he did. >> No, it came for our legis for our legislation for legislation that we had to do. But >> that was the agenda. We We made a commitment the two months ago that the

946
04:32:59.439 --> 04:33:15.520
next month we weren't going to do. >> All I'm saying, can we recommit to that, please? >> Go for it. >> All right. We're recommitt I'm going to have one. >> Okay. And also I want us to re request it a a couple of days earlier so that the staff would have time to manage this and not have to deal with all the things

947
04:33:15.520 --> 04:33:32.320
like in the last minute, right? And then also I think that we all should have one key that we give per year just to keep the specialness of of the key right now. Listen, I I'm I'm not about hang on. And

948
04:33:32.320 --> 04:33:47.920
I'm not about limiting it, but what I want to bring is can I mean at least we should all agree that that person that we want to give the key to gets the key. >> No, I understand it. But I think I think the the keeping the consensus for one for our for our city business on on a

949
04:33:47.920 --> 04:34:02.879
day we do business that's sufficient enough. Look for me, you know, as a matter of fact, long ago under the prior man under the prior mayor, unless he gave the say so, none of them got out. No proclamations, no

950
04:34:02.879 --> 04:34:18.639
keys, no nothing. >> No. No. Commission. Um, Madame Clerk, correct me if I'm wrong. Correct me if I'm wrong. >> You're correct. >> Correct. No, no, no. If he didn't, >> Tony. >> Oh, really? I don't know. >> Unless he said get the green light, nothing went out.

951
04:34:18.639 --> 04:34:34.561
>> No, but here's my question to you. But wait, I have a question to that because like do you think then that our proclamations are more valuable to people? I just my thing is that I'm I think we're here and we have we

952
04:34:34.561 --> 04:34:50.160
represent the city. I think we use our own best judgment on who to honor >> and I've never >> a bridged that like you can it's up to you guys. So at the end of the day I think one proclamation per commission conference is sufficient enough and let's move on to the

953
04:34:50.160 --> 04:35:05.439
>> Okay. So here let me let me let me propose something. Oh no this is I'm finalizing this. I will have staff send you the draft that we worked on and after that you put your comments in and then we're going to create a resolution where we all commit to it and that's it.

954
04:35:05.439 --> 04:35:20.480
So everybody gets to put in their two >> come up with a draft. >> Yes. And then we'll come up with a resolution so that we can get that. I only think the key is an unusual thing. I think it should be a very limited very very limited. I think it's for extreme

955
04:35:20.480 --> 04:35:36.719
but there might be some time that there will be two very important people come in a year to somebody and I I don't know the reason >> right like if we had Janette Nunes or you know Dukens on whatever right I mean there's >> there was a writer a Haitian writer I forgot his name

956
04:35:36.719 --> 04:35:52.799
>> okay so now Commissioner Smuta your item >> oh your discussion >> okay so my discussion item um and I'm not going to get into the specific of it all I'm just going to say is that um okay so let's let me let me go in the

957
04:35:52.799 --> 04:36:10.080
past in the past there's been occasions where the city has purchased a table to an event and it's been empty it's been three commissioners will show up and there's seven seats empty and and I and I've always I I think it's it doesn't

958
04:36:10.080 --> 04:36:25.680
look well first it's a waste of money for us to even do that and also it makes our city look bad um And I always thought that we should either fill it up by with city staff or city residents

959
04:36:25.680 --> 04:36:41.600
that are deserving, you know, city residents that volunteer or um or on the on the boards or the committee, you know, the volunteers, residents that we should be inviting or against staff. Anyway, so what I'm

960
04:36:41.600 --> 04:36:55.840
trying to say is that I just want to make it a policy that if the city buys purchases a table for any events that if there are seats left over that

961
04:36:55.840 --> 04:37:13.920
we only give them either to staff or and or residents that um >> serve on a board. serve on boards or committees >> res.

962
04:37:13.920 --> 04:37:29.279
>> And could you add to that res? >> No, I'm saying there's certain people on our >> No, I mean I have I have members on on boards that are exeicio. >> So you're saying like if they're board members >> residents who serve on boards. >> So So they have So even Okay. residents

963
04:37:29.279 --> 04:37:45.199
who serve on boards or >> and could you add to that that a table is not purchased just by somebody saying I want to purchase a table >> it has to come out of their contingency or

964
04:37:45.199 --> 04:38:00.480
>> that's the way it has to be >> or voted on >> or voted on by the council >> or it's in the budget. >> I agree. >> I'm fine with that consensus. How much was the sponsorship for the Miami Day League of Cities? How much did we come in on? >> I don't we I don't know. What was in the budget?

965
04:38:00.480 --> 04:38:17.039
>> The sponsorship was 20,000. >> Thank you. >> For what? >> For the t for the sp for the title SP. We're title sponsor. >> Cities. Yeah. >> Next is event cost. Commissioner Smith. >> What was it? >> Event cost. You're on >> that. Oh, it's right. What I was going

966
04:38:17.039 --> 04:38:32.480
to ask. >> All right. Oh, >> so the event here's my question. >> I looked at the tape. >> What? from last month. >> Okay. >> In reference to the orchestra coming.

967
04:38:32.480 --> 04:38:49.359
>> Okay. >> So, we were told, we voted on it that it would be sponsored 100%. And I wanted to know how much does it cost and how much how close the sponsor is. And I spoke to the manager

968
04:38:49.359 --> 04:39:06.160
and right now there's $9,000. Is am I correct? Yes, Commissioner. >> There's 9,000. So, what happened to the mayor? >> Yeah, that's you. What happened to the mayor with his Junth?

969
04:39:06.160 --> 04:39:23.119
>> I don't want to happen again that we don't have the money and we have to cancel this concert. I'm going to add to the event when that comes a couple friendly amendments and one of them is going to be that if

970
04:39:23.119 --> 04:39:40.480
you're going to get sponsor help for an event, you have to have the money in place before we start advertising it. Because if we don't have the money and we don't have the money of what's going to cost between the concert

971
04:39:40.480 --> 04:39:57.120
and what we have, then it has to be cancelled or you have to have enough money in your contingency. So I just want to bring up I it happened at Junth. I don't want us to be shocked, but I see it being advertised now. And

972
04:39:57.120 --> 04:40:12.160
if it's going to be advertised, do we have the sponsorship that's going to cover every event? Not just this event, but it already happened in the past. Do we already have the money to pay for the

973
04:40:12.160 --> 04:40:27.920
concert? >> You mean sponsorship money? >> The sponsorship money without it being CRA money or at which I ask on the tape, it was not CRA money. It was not money from the police department or the water plant. So, do we have that money?

974
04:40:27.920 --> 04:40:43.520
>> Thank you so much for the question. The commitment was that the event is going to be fully sponsored. We're still getting sponsorship in. So far, the orchestra is about $8,000 and we have that covered. Staff costs and other auxiliary costs are still being raised.

975
04:40:43.520 --> 04:41:00.000
So, obviously, we have a we had a short time, but we do have a commitment to raising those. >> I want to make sure because >> it will be there's no I don't think there needs to be a back and forth there. There was a word given and we're on that trend. >> Okay. Um I had calls on the concert. That's why I'm questioning and making

976
04:41:00.000 --> 04:41:16.718
sure because these people that are buying tickets for $100 Junth when it came unfortunately there was no not the funds. So right before it happened it was cancelled. >> Oh you mean um no no no. Um

977
04:41:16.718 --> 04:41:33.520
>> the ban the bands. >> No no no. Um, we had the Junth event has always been between 20 to $25,000. It was we hired an outside group said that we

978
04:41:33.520 --> 04:41:49.440
can do it for this. Subsequent to that, a lot of things happened and it didn't work out. Uh I guess they the manager through his staff decided to do a pair down version and that's what occurred right but there

979
04:41:49.440 --> 04:42:06.000
was already a money in the budget for that event cuz and that's one of the and that's and until the when we do our budget next year or coming for our next year bud budget that's one of the one of the events that survived the DEI purge one of the few I'm concerned and I know

980
04:42:06.000 --> 04:42:20.958
that we're going to get guidance from manager as well as from the city attorney if we're going to be affected with the Hanukkah lightning. I don't know if that's exempt. I think we're going to find the money to make it happen and I'm going to try my hardest to make it because it could >> Christmas too. The whole thing.

981
04:42:20.958 --> 04:42:37.520
>> No, that's But no, no, even Christmas, as a matter of fact, >> has that exemption. >> It's a federal holiday. >> It's a federal holiday. Hanukkah lighting is not that's something that we're going to have to really try to like understand and try to make sure we make happen because either through

982
04:42:37.520 --> 04:42:52.958
through through through a third party that's willing to help and partner up with us. But because of that piece of legislation, it's going to hold back like the Asian Asian Asian market. Nope. No, you can't have the Asian market anymore. >> No, you can't have anything

983
04:42:52.958 --> 04:43:10.560
>> it's privately funded. >> Yeah, but no, no, no. Even re you can't give any resources to it. Right. >> If it's going to be done, it's I'm gonna >> It all goes together because I I know we're voting on a lot of things. We've got to get going. Yes, we got to get

984
04:43:10.560 --> 04:43:26.480
>> But but I'll just tell you, it all goes together because when it comes to the the budget and it comes to the millage rate and it comes to what the public deserves and what they're going to get based on our deficit. I just want to make sure and I use I use the example of

985
04:43:26.480 --> 04:43:43.520
the concert because I don't want you to be surprised, but I don't want my residents that call me. I've already had and they don't live here. They live in the county and they bought the tickets. >> I understand that, but like like I said, we got to be cognitive of what's going to be allowed next year. I know we have a a packed agenda. Can we go to the I

986
04:43:43.520 --> 04:43:59.680
think we have like the first agenda. Like we're actually going into our real business right now. So agenda item. What's the first one? >> Legislation. No, it's a >> Oh, are we bringing in the ones that we pulled? >> Consent items. Yeah. >> Oh, yeah. The consent. Yeah. Start out with the consent items that we pulled.

987
04:43:59.680 --> 04:44:16.560
Please go on. Start. >> 12.14. >> Tell me. Tell me by the consent agenda number in the >> consent number and I'll read them. >> 12.14. >> 12.14. >> It wasn't >> 12.8. >> I'm sorry. Let me look. Just give me a

988
04:44:16.560 --> 04:44:32.400
moment. >> The art district. Oh, well, it was deferred to the next commission meeting. Sorry. Okay, so 12.14. >> Yeah. >> Item 12. Okay. Sorry. >> Motion to introduce. >> Second.

989
04:44:32.400 --> 04:44:47.760
>> 12.14. >> Item 12.14 renumbered. >> Resolution number R2026-97, development of an arts district and cultural corridor along Northeast 164th Street in the Stra Snake Creek Canal. Sponsored by Commissioner Smith. A

990
04:44:47.760 --> 04:45:03.520
resolution the mayor and city commission of the city of North Miami Beach, Florida for development of an arts district authorizing the city manager or designated 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.

991
04:45:03.520 --> 04:45:19.440
>> Uh thank you item um >> yeah thank you very much. Um the um economic development committee voted for this because it's been very successful going down 164th Street in front of the library when they had all of the trees

992
04:45:19.440 --> 04:45:35.120
decorated when they had the umbrellas up and the word got out and people came from Broward County, other areas of Date County just to see it [clears throat] and they want to continue that. They're working on a beautiful project now where they're going to cover a police um a car

993
04:45:35.120 --> 04:45:53.120
for um for uh [clears throat] breast cancer and covering it in pink. And I I the committee voted unanimously to go down 164th Street including the amphitheater. So there will be art where

994
04:45:53.120 --> 04:46:11.680
it could be dance. There will be art where it could be music and along the canal in the back to make an art district >> up to along the canal up to no past the amphitheater back behind the condominiums. We're thinking maybe some

995
04:46:11.680 --> 04:46:26.878
benches and stuff like that that will be artistic benches. >> All right. Do we uh Mr. >> Go ahead. >> Oh, thank you. I think it's a great idea. And what is the legislation for? Is it for the proposal to be created or

996
04:46:26.878 --> 04:46:42.400
is it for us to approve the actual district >> off to approve the actual district? >> I think I think I'm going to mirror the same comments that you made towards the centennial. What is the actual total? So if there's suggestions made for particular line items for this to be

997
04:46:42.400 --> 04:46:58.160
created, be it signage, be it benches, be it, you know, promotional campaign to actually pro provide the information to the public. It's the reversal. >> I I can't find my I cannot find my I don't know why it must be still in my

998
04:46:58.160 --> 04:47:14.560
house, but um >> I will say this to you. I think the M >> the recommendation from the board I have that somewhere. I think the um they were asking for $2,500. I think I don't know if it applied to that, but that money would be covered if

999
04:47:14.560 --> 04:47:30.878
either way because >> Okay. >> if if need be could come out of my contingency. >> Honestly, if I may um I don't know if Commissioner John was done. >> Oh, actually, I was next. But um but you vice mayor, you go first. [clears throat] >> Okay. Thank you. Um, so

1000
04:47:30.878 --> 04:47:45.680
you know, I think this can be something that's a little bit more um >> more in depth, right? Because an arts district >> Thank you. an arts district, when you think about when you hear about arts districts and corridors, you know,

1001
04:47:45.680 --> 04:48:01.920
they're they're well invested in, right? >> Um, and you're supposed to really work on attracting people to these to these sites. And so, um, I actually want to see this do well. >> Yeah, I actually want to see this do

1002
04:48:01.920 --> 04:48:16.798
well. And I think in order for that to happen, we need to actually have a map, like see exactly what the location is on a map similar to the CRA. Maybe perhaps see what different areas we can put art in along the canal, along 164th Street.

1003
04:48:16.798 --> 04:48:31.920
and um really think it all the way through so that we can have some real, you know, uh teeth to this and make it actually happen. >> I think your suggestion is wonderful and I'd like to defer this till the next meeting. >> I'll second that.

1004
04:48:31.920 --> 04:48:51.040
>> I mayor item I believe is is it 12:15 >> exactly? >> Yes. >> Okay. Resol >> move to introduce resolution number R2026-99. Second

1005
04:48:51.040 --> 04:49:08.480
>> item uh formerly 12.15 renumbered resolution number R 2026-99 amending the city's events policy to establish standards for the use of elected officials images on city produced event materials sponsored by

1006
04:49:08.480 --> 04:49:24.904
Commissioner Smuckler. Resolution of the mayor and city commission of the city of North Miami Beach, Florida. amending the city's events policy to establish standards for the use of elected officials images on city produced event materials prohibiting the placement of the face or individual portrait of the

1007
04:49:24.904 --> 04:49:40.718
[clears throat] mayor or any single member of the city commission on flyers, posters, digital graphics, social media posts or other promotional materials produced, printed or disseminated by the city except >> when such elected official is participating as a speaker, panelist, moderator, presenter or featured

1008
04:49:40.718 --> 04:49:57.280
participant in the requiring that events sponsored by the mayor and members or members of the city commission be approved only by resolution prepared by city staff and not by motion alone providing for implementation providing for conflicts providing for severability providing for an effective

1009
04:49:57.280 --> 04:50:13.280
date. >> Mr. Welcome. >> Uh, yes. Hi. So, I mean, the title I think speaks for itself and um I know that um Commissioner I believe Commissioner Smith um had it moved. So, I'd like to hear her comments

1010
04:50:13.280 --> 04:50:29.280
and I know Commissioner Florond also had a comment. So, um I'd like to hear what they have to say >> through the mayor. Then I would like to add two things. I'd like to with the permission of the sponsor to add that um

1011
04:50:29.280 --> 04:50:46.400
all sponsored events must have the money prior to any advertising any um advertising or reserving of rooms etc. anything like that that the money we so I just don't want a last minute

1012
04:50:46.400 --> 04:51:03.840
cancellation um and I wanted that when the city shares in anything that we get an invitation as a mayor whatever we whether we give material whether we give the room whether we donate money and I think it's

1013
04:51:03.840 --> 04:51:22.638
in there but I want that um no no vote up here. The gentleman came before us to ask for the amphitheater. I think all that has to go through the manager before he has an ask

1014
04:51:22.638 --> 04:51:40.638
because we don't we're voting yes or no, but we don't know what the financial repercussions are. I said I called to ask afterwards, how much do we usually rent that um generator for? and we really haven't

1015
04:51:40.638 --> 04:51:57.680
rented it. Or if we did, nobody knew that answer. But I know the amphitheater we do rent. And so I don't know what that costs in money. But I just think that we should know those answers before we

1016
04:51:57.680 --> 04:52:14.638
vote. And those are my three comments on this. Otherwise, I'm glad you're bringing it forth. And I know that Commissioner Farmon, >> Vice Mayor, >> I'm sorry, Vice Mayor. >> Uh, thank you. So, I I just wanted to be clear um that when an elected official

1017
04:52:14.638 --> 04:52:32.240
is having an event sponsored, not sponsored, I'm sorry, that it's coming out of their contingency cuz I I think that's kind of been the we've been consistent on that that if it's coming out of a commissioner's contingency that they can produce a flyer with their name and their image on

1018
04:52:32.240 --> 04:52:47.440
it. >> Uh >> you're shaking your head, Andy? >> No, you did not. Okay. Well, okay. So, the events policy was specific to how many events could be held. From my understanding, it was cons, it was

1019
04:52:47.440 --> 04:53:04.638
basically you have a certain amount of events that you can hold, etc., etc. Like I said, my understanding was, because I've repeated this over and over and over again, that if you're sponsoring something from your contingency, that is completely different than if you have to come up

1020
04:53:04.638 --> 04:53:20.320
here to get a vote for that particular event. Number two, just the way this reads, it almost seems as if even the events that you're trying to do from your contingency have to also come before the commission for a vote. Um,

1021
04:53:20.320 --> 04:53:37.200
and which, you know, that's that's a that's a to me a step too a step too far. Um, if you if if your if your event is being sponsored from your contingency and it meets the requirements of the event policy that we

1022
04:53:37.200 --> 04:53:52.320
sat through here and came up with as a collective, then why should it have to come up here for an approval um when it meets all of those requirements? Unless I'm misre I'm misunderstanding this. So in my seat if it's something that you're

1023
04:53:52.320 --> 04:54:09.040
doing from your contingency, your name as well as your picture should be able to go on there. I don't think that's that should be an issue. Uh if it's something that is coming up here for a vote where you've run out of money and you've run out or you've done three events already, then you have to come up

1024
04:54:09.040 --> 04:54:25.200
here and ask. That's a mayor and commission event. And if that's the case, as we discussed last time, either everyone's picture goes on there or, you know, no pictures at all, but it's a mayor and commission city type of event because you had to come up here to get that permission. So, I just want to make

1025
04:54:25.200 --> 04:54:41.120
sure that if a commissioner wants to have a coffee with Commissioner Smith with her residents at Marjorie McDonald Center, why should she, if she has the money in her contingency, have to come up here to get permission to do that? I I don't think that makes sense. I'm I'm

1026
04:54:41.120 --> 04:54:57.840
not sure if that's what I'm reading, but that's how I'm interpreting this. Thank you. >> So, um Okay. So, when it's coming out of contingency, it's still coming out of the city funds.

1027
04:54:57.840 --> 04:55:13.520
Um, I mean I I usually like whenever the commissioner status or woman or the multicultural committee has an event, I usually give some money out of my contingency, but yet my name hasn't been

1028
04:55:13.520 --> 04:55:31.120
on any I don't fully fund it, but um I don't put my name in as a sponsor either. I usually give about $1,000 which would in could entitle me to be named as a commissioner Smuckler

1029
04:55:31.120 --> 04:55:49.440
sponsors this because it's coming out of her contingency but not once in the last at least four years has my name been on any of these events >> when you did the flower giveaway for the Mother's Day. No, >> I think we we we we our names used to be

1030
04:55:49.440 --> 04:56:04.718
on our advisory groups and then as time went on they were removed but there was a time when we sponsored events and our names was also added to the the advisory group as well. >> Right. So I'm saying the last four years

1031
04:56:04.718 --> 04:56:23.120
my name has not been on. >> Didn't we say the problem with adding the name was because there's only two or three committees >> right >> that have that really have events >> y >> and that's the reason it becomes very

1032
04:56:23.120 --> 04:56:39.760
you know uneven uneven. When I when I got sworn in four years ago, I made the comment that I will not be putting my name or picture in any in any of the events. And um all the commissioners

1033
04:56:39.760 --> 04:56:56.160
should follow suit. And um I think ever since since then we after that we did some type of a a policy about that or we've talked about it or >> that's the policy that we have currently. >> I guess since you you wanted to know

1034
04:56:56.160 --> 04:57:11.926
what my questions were. Those were those were my questions. Um I I barely I don't remember the last time I had an event, you know, to be honest with you. >> Probably when we did movies on the lawn like maybe three, four years ago. >> Yeah. January had the baby. Oh,

1035
04:57:11.926 --> 04:57:27.440
[laughter] yeah. >> Yeah. >> But um yeah, I think movies on the lawn was invite us the last time and that was like four years ago that event. >> Okay, guys. Uh let's stick to the subject matter. >> So, you know, so I'm not I'm not

1036
04:57:27.440 --> 04:57:43.360
debating this point because I have a lot of events, you know what I And I'm debating this point because I believe that as commissioners, you should have some autonomy when it comes to your discretionary funds and things that you do out of your specific office. And and

1037
04:57:43.360 --> 04:57:58.798
in all honesty, we're one of the few cities that debate this issue over and over and over again. And and this has been just like the proclamations commissioner Smuggler. We've been talking about proclamations since 2018. Mhm. >> We had we were trying to come up with a

1038
04:57:58.798 --> 04:58:15.280
policy in 2018 about how to do proclamations versus certificates of recognition. >> We keep doing the same thing over and over. So my thing is can we come to a conclusion? I thought the events policy was that >> but now we're talking about it again >> or we say you know what no matter what

1039
04:58:15.280 --> 04:58:30.718
the event is everyone's uh picture and name goes on there so people can see who their elected officials are and call it a day. when we do the commissioner status of women or the multicultural events we do and I'll use the commissioner status of woman the

1040
04:58:30.718 --> 04:58:47.040
commission the city of North Miami Beach mayor and commission and the commissioner status of woman present or invite you so that's how we do it >> right which is which is fine and and the thing is I don't want to burden staff because I notice when we when we have

1041
04:58:47.040 --> 04:59:02.400
these ideas you'll have one version and then literally you'll look on Facebook and see a different version from what we discussed >> in Aventura they don't do that in Ventur whenever not even faces it's just >> Aventura >> so so I just wanted to see that we can

1042
04:59:02.400 --> 04:59:17.680
do something that everyone can >> it's like we used to have our um we used to have our newsletters everyone everyone was included in you remember that >> that's like circa >> man >> circle whatever you know but everyone >> no no no we no we we

1043
04:59:17.680 --> 04:59:34.160
>> going going back years >> yeah but we We we're going back. >> What happened was the city the unfortunately there was a commission up here that abused it. >> The newsletter >> there was commissioners up here that abused the privilege. That's not why we're talking. >> No, I'm talking about newsletter. I'm

1044
04:59:34.160 --> 04:59:50.160
not talking about like the >> Oh, no. No. I'm talking >> I'm talking about newsletters. Like we used to have >> names and bases. >> We used to have a we used to have a newsletter that went out like quarterly. >> The the tents were $1,100 each. We had a commissioner had to have two. >> No, no, no. I'm not I'm not talking about the the >> but what you have seen since that time

1045
04:59:50.160 --> 05:00:07.440
is there has been a you know >> a lot of it's things things have changed considerably since that time but what I'm saying is very specific so we can move on uh Commissioner Smuckler since this is your legislation I think that if someone has a contingency and it's their

1046
05:00:07.440 --> 05:00:24.400
office if they want to have a flyer for an event that they're hosting number one they shouldn't have to come up here to get permission to host an event out of their contingency gency. That doesn't make sense. Number two, once they're doing that event, if they want to produce a flyer with their name on it,

1047
05:00:24.400 --> 05:00:41.680
what's the big deal? If not, let's put everyone's name and and picture on there like most cities do and call it a day. But, you know, it's like we we're we're all here representing the same communities, right? And and and as a collective, if we can do that, then

1048
05:00:41.680 --> 05:00:59.200
let's do that. But I feel like we're we're really debating something that shouldn't necessarily um have to be debated. Um but I, you know, I can understand where the commissioner is coming from. We just need to do something that's a little bit more um thoughtful for each individual

1049
05:00:59.200 --> 05:01:14.480
commissioner. That's all. Thank you. >> Uh excuse me. through the through the mayor. Just for clarity, um [snorts] names currently are uh names are allowed um if a commissioner is uh sponsoring and paying for it. Uh

1050
05:01:14.480 --> 05:01:29.360
pictures uh were not included. >> The names are >> the names. Yes. Pictures are are not currently allowed. >> So what you're saying is in your legislation that not only names are not allowed, but photos aren't allowed either. >> Is that what you're saying?

1051
05:01:29.360 --> 05:01:45.120
>> Not allowed. Photos are not allowed anyways. So >> she's adding that name. >> So you're adding now names are no longer allowed, >> right? >> You also if it passes should add that police coverage should be part of H1.

1052
05:01:45.120 --> 05:02:00.638
>> I'm sorry. >> B1 B1 should have police coverage if you're if this passes should also be added to the list >> as far as the cost. as far as the cost. >> But normally if if someone's having an event and they're sponsoring it from

1053
05:02:00.638 --> 05:02:16.878
their contingency, >> they're paying for all of that. That's part of our policy. >> Well, that's what it says that you pay. >> But it has to include police costs as well. Yeah. >> It's everything. It's everything. It's already in the policy. >> It's already in the policy, right? >> It's already there. >> Direct costs. Yes. That includes

1054
05:02:16.878 --> 05:02:31.520
staffing. >> Yeah. If you don't have enough money, you don't host the event unless you come before the commission. >> Look, we we got a long list of stuff in regards to your legislation. I accept I accept the proposals that Commissioner Smith wanted to add on.

1055
05:02:31.520 --> 05:02:48.400
>> Does that include advisory boards as well? How's the governance of the advisory board in relation to the liaison >> and their impact or influence over the event? So, for example, city manager, when you're doing the budget, are you stripping some of the advisory boards of

1056
05:02:48.400 --> 05:03:05.200
their budgets or how are you >> to to the commission to the uh manager's point, multicultural might be gone, >> multicultural will probably be gone. >> It probably and it had the most act and like so we're going to have to really figure that out. So, I'm

1057
05:03:05.200 --> 05:03:22.320
>> Right. And and the commission take effect. >> No, the sense of woman is going to be effective. So, before this, the seniors Yeah. The Commission for Women is also going to be affected because I know the county has dissolved theirs. It's going to dissol their going to sunset in January. >> Wow. >> Um seniors I'm not sure if the seniors

1058
05:03:22.320 --> 05:03:38.560
advisory is going to also be affected. So in relations to the >> Yeah. The county has already >> the county has already put legislation out that the commission for women will be dissolved from the county level um based on state. So the question also is

1059
05:03:38.560 --> 05:03:55.840
for seniors and other advisory boards, have we really did a fine-tuning of what budgetary No, it's it's important because no seniors will slowly dissolve themselves, >> right? So [laughter] I just that's curious to see how you're

1060
05:03:55.840 --> 05:04:12.160
going to set the budget up with that because I think that >> through our through our various advisory boards, we often use our impact to have these events. And so how is that budgetary difference going to be made? >> Yes. Um uh through the mayor to

1061
05:04:12.160 --> 05:04:28.000
commissioner Jean, we are working through that process now. Uh and to your point and to the mayor's point, yes, some of those uh boards will by legislation by law which will become active in January be dissolved. >> But why the commissioner status of women?

1062
05:04:28.000 --> 05:04:43.920
>> So actually if I'm >> Yeah. Because with women, you're sing singling out a group of people from the population. So it might not seem fair, but that's based on the state law. >> We can we've had men in the

1063
05:04:43.920 --> 05:04:59.920
>> If I can answer I'll if I can answer there's a I I have a administrative legal answer for you. So the the legislation is built uh as anti-Dei, right? So then we have to look at what DI DEI is. It stands for diversity, equity, and inclusion. And if you look

1064
05:04:59.920 --> 05:05:17.040
at the impact of DEI DEI laws and legislation nationwide, the big and this this has been for in unemployment, right? We looked at the United States as a whole, looked at uh uh its uh residents to see which group of

1065
05:05:17.040 --> 05:05:32.718
residents weren't getting the equal opportunities in employment that others were. And the basis was uh white males. So since DEI laws passed, the biggest uh the the biggest beneficiary of DEI laws

1066
05:05:32.718 --> 05:05:49.760
is women. 60% of job set aides in response to DEI legislation has gone to women. 60%. So all groups paid with government money that are supportive of women's

1067
05:05:49.760 --> 05:06:04.798
activities. Uh the only question that I've uh so yes, commission status and women's is likely to go away. However, um there are other things that are impacting that we're going to have to fight for. Uh like for example uh there's a debate going on in another

1068
05:06:04.798 --> 05:06:20.718
city uh that I've actually ended up weighing in on that uh the city manager there was saying that u they have a a cancer they they have a a breast cancer awareness uh annual event and there was

1069
05:06:20.718 --> 05:06:37.360
a movement to for by that administration to remove that event but it's going to be a one-onone basis. I'm against that because women aren't the only one that get breast cancer. Men get it too. >> Um but yes, on a broad stroke of how the legislation is going to impact uh

1070
05:06:37.360 --> 05:06:54.160
>> so like the heart health walk >> or the back to school, I mean that the commissioner status woman has like two three big events. The the heart health >> the heart health right but that's done I guess it would have to be done by the city not by the commissioner status to

1071
05:06:54.160 --> 05:07:09.680
woman. >> That's correct. And right and then the back to school would have to be done by the city and then Mother's Day maybe. No, because it's >> Well, it's for Mother's Day. >> No Mother's Day. >> No, it's for Mother's Day. >> And no Father's Day. >> So, if I if I may um to to your to your

1072
05:07:09.680 --> 05:07:25.840
legislation, >> you may excuse me one sec. >> Oh, >> I'll give you 15 minutes past 12. That's it. >> All right. All right. So, Okay. So, so all right. I just wanted to just just a a point on this just to be clear, Mr. Manager. >> Thank you. Thank Thank you, Commissioner General. This says here in uh section B

1073
05:07:25.840 --> 05:07:41.760
approval of commission sponsored events. I just want to be clear these are events that after the three events are done that you have your a lotment. These are events that you have to come up here for approval for. This is not saying that

1074
05:07:41.760 --> 05:07:58.680
you have to come before the commission for any event that you want to have. >> Correct. >> That's that's correct. Right. That's that's correct. So you want to make your motion um vice mayor so you can make sure that >> No, I just want to make sure it's clear that it's clear what it's saying so we don't have any confusion.

1075
05:07:58.798 --> 05:08:14.400
>> Make the motion to do what? >> No, it's her item. I want to make sure amendment. >> Right. Well, so I make a motion uh to approve and also to include Commissioner Smith's amendments.

1076
05:08:14.400 --> 05:08:30.958
>> Wait, let me have to approve the amendments first. Let me offer let me offer an a friendly amendment to just the language of this policy here. Uh B1, it says any event proposed to be sponsored by the mayor or any member of the city commission. Can we just be clear um to cor to to make that sentence

1077
05:08:30.958 --> 05:08:46.878
more clear that these are events that have to come before the commission? >> Say by mayor commission. >> Yes. After we can say subsequent to uh the three annual events that each may that the mayor and the commission receive. >> Correct. Can we are you are you amable to that? Yes.

1078
05:08:46.878 --> 05:09:12.878
>> All right. >> I make a motion. >> I second. >> I move to approve. >> Wait to have a special meeting. >> I mean a an executive session or

1079
05:09:12.878 --> 05:09:53.600
whatever. debated it. They already debated it. city manager. >> I make a motion. >> Second. We've all debated. All in favor say I. I. >> Any oppose?

1080
05:09:53.600 --> 05:10:39.200
>> Moves on. Next item. Next is item 127. Move to >> second. all things necessary to effectuate this resolution, providing for conflicts, providing for scriveners errors, providing for severability, and providing for an effective date. >> I make the motion. >> Second. All in favor say I. I. Next

1081
05:10:39.200 --> 05:10:54.080
item. >> Next. >> Excuse me. Excuse me. >> Yeah. Actually, I I never voted on either one of these. So, my vote for both of them is a no. >> Yeah, my >> vote is what? I'm sorry. No, >> just for the record, both of my I didn't vote for either one of them. I said

1082
05:10:54.080 --> 05:11:10.560
>> so for the two settlements, um justify two no votes. >> Okay, you got it. 5 to2. >> All right, next >> legislation ordinance number 2026-04. Second reading. Second item 14.1 ordinance number 2026-04

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second reading the noise ordinance sponsored by commissioner soon ordinance of the mayor and city commission of the city of North Miami Beach Florida amending chapter 9 of the city of North Miami Beach code of ordinances offenses and miscellaneous provisions section 9-4 noise control to establish specific

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noise regulations for outdoor power tools and landscaping equipment at residences and for outdoor events and to clarify enforcement providing for conflicts severability codification and for an effective date. >> There's no public comment on this. Um if

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we can just do a roll call. >> No, I I >> Oh, you have a comment. >> Is there a motion? Yeah, I have a comment. >> Okay, go ahead, Commissioner. >> On second reading, but why does it say 500? I want to [snorts] know what number 9-4.6D means. Contractors and service personnel

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have a 60-day grace period. What do you mean they have a 60-day grace period? A contractor gets a fine and then they have a 60-day grace period or get >> I don't think that was what was intended >> grace period before they sight >> before they what

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>> get cited. >> So for 60 days they can break the law and we don't care. >> No, what I I believe it was an education period that that that the city was going to inform. >> Yeah, I think that's from commissioners. >> That was last time that we spoke about this.

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>> We added that period so people can be there's an educational period. That's >> Why don't we put to educate? >> That's fine. >> Do you want to add that on? I mean, does it add to educate attorney? Does that change? Does that change anything? >> Nope. That's perfectly fine. It's a very minor amendment and it's proper for

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second reading 4.6 number F. >> We're saying that it's $150 is $300 is 500. Perfect. I have no problem with that. But then it says she'll be subject to a civil fine of $500 per occurrence. So, how did that come? How did they

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getting $500 per occurrence when it's $150 for the second offense? The first offense is a warning. [snorts] >> So after the 500, then it's 500 all along for each offense >> per occurrence. Then we have to add

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comma after after they reach their fourth offense because the first >> Yes, I want to add a comma after they at the point of reaching their fourth third offense. So that >> I I I don't think that explanation is my understanding. I think the explanation

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here if you look at 9-4.6 it lists which first get a warning citation and then subsequently those very same ones get this civil fine tier system. But

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then when you get to F preset civil fine, that's limited to the outdoor power tool and landscaping equipment, which is a different violation. >> Yeah, but that's the whole purpose of it being $150 or the poorest of the pores,

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the lawn men. Why would we give them a $500 fine from getgo? >> Commissioner, I'm not saying you should or shouldn't. I'm just trying to explain what it says now. So, you can change it certainly. You can amend it. That's a

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minor thing. It can be done as a second reading amendment. You can change it any way you want. I just wanted to be sure you understood what it says. Now, >> I want to definitely change it. We had a whole discussion at the first reading. I'd like to change it to read the $500

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should be after they had these A, B, and C. It might. Well, it it really says that already. If I if I might, Commissioner, I think what you're saying is that really instead of F being a preset fine

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for these kinds of violations, we would amend it if that's what your intention is to have violations of the outdoor power tool and landscaping equipment simply included with the things that are listed in

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9-4.6. 6B and and add that so that all violations of this would be the same. >> Correct. >> Yes, ma'am. >> Correct. I mean, pay $500. >> Well, there says there's the ordinance

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takes effect basically once you vote it. But it does say that there is um >> 60 days. >> No. >> And it also says in 9-4.6A 6A a first violation results in a warning citation that's in

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here. >> But then the second violation should be 150 because I wanted it to be 100. >> Second defense says >> the creator of the the creator of the ordinance wanted it to be 150. I remember distinctly and I said that before. >> Move to approve. >> So we will you have to do the amendment

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first. >> Okay. I make an amendment that we add for >> include that same schedule for all violations. we add uh for educational purposes only and for F what's the word that you want to add?

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>> Well, just you we would just rewrite F so that whatever is covered under F would be instead covered under the same schedule as above first violation is a warning and then 153 and thereafter 500 for

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>> the city attorney will rewrite as a >> madam. Okay. So as amended, right? As amended. >> No, you have to move the amendment. >> Motions to amend. >> All in favor say I. All in favor say I. >> I. >> Madam clerk, can you do a roll call >> on the motion or second?

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>> Roll call >> with the second reading amendment for the record. >> Commissioner Shernoff, >> yes. >> Commissioner Jean, >> yes. >> Commissioner Smith, >> yes. >> Commissioner Smuckler, >> yes. >> Commissioner Sue, >> yes. >> Vice Mayor Florimmon, >> yes. >> Mayor Joseph,

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>> yes. Next item, please. Is it 14.2 or 14.3? >> No, 14.4 now. >> 14.4. >> 14.4 resolution number R 2026-9. >> Second

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14.46. enter recovery resolution. >> Thank you. providing for conflict, providing scriveners errors, providing for severability, and providing for an effective >> motion. So, >> second. All in favor say to discuss I'm

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just curious what is uh what is the cost entailed in this um in this? >> Go ahead. Go ahead, commission. >> There is there is no cost in um there is no cost. This is, as you guys know, GEM has done a lot of disaster relief. They're currently working in Venezuela, different countries whenever there's a

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disaster. So this is more for volunteering, for awareness, for hurricane awareness. We had no real hurricane preparedness event this year. So we would be partnering with them to share resources, etc. >> Through the mayor,

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>> let me just point out that section two says that the approved in substantially the form, but the language was added subject to identifying funding for any city financial obligations. which may be required to implement theou. It doesn't

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say that there are any such obligations. I'm not disagreeing with the commissioner but to the extent that there are any funding has to be identified which protects the administration from having an unfunded uh obligation imposed on him by the

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commission. >> So would it be okay if we defer this so that >> if there's no costal impact it still has to go to it's doesn't I have a motion in a second. All in favor say I. >> Wait, wait, no. I >> can you explain why it's why we don't need a fiscal impact for this?

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>> You mentioned the clause. If you could read there's >> a clause that if you could read it back into the record, Mr. Attorney. >> Yeah, I'll read that one more time. As it stands does not require a particular >> the mayor and the commission approved theou between GEM and the city and substantially the form attached here to

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exhibit A subject to identifying funding for any city financial obligations which may be required to implement the MO. If there are none >> then you put it right into effect. If there's a cost then the manager has to identify some funding if there are

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financial obligations and then it takes effect. So either way, you're covered. All right. >> Approval. >> All in favor say I. I. Next item. >> No. >> Okay. I got two nos. >> But let me let me if I may. I know there's a time crunch, but this organization th this this organization

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um I believe is >> founded by um Michael Capone if I'm not mistaken. >> Um but either way, this is this this is an organization that's worldwide >> and they're doing tremendous work where sometimes government can't get in.

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They're they're going in and really helping with with relief. Um and and so if you know if you know of the history of of Michael Capone, I think he's from the development and real estate sector. >> Oh yeah. >> But has tremendously dedicated himself

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to building this organization into I believe a 100 plus million dollar organization that's doing work all over the world and sometimes they're the first boots on the ground. So I appreciate Commissioner Z for coming. >> All right. Next item is 14.5. >> Need a motion. Move to introduce

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resolution number R 2026-98. >> Okay. What is that? >> Second. >> Was there a second? >> Yeah. Second. I second it. Okay. >> 14.5 resolution number R2026-98 authorizing funding for general education development GED and English

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for speakers of other languages. E ESOL. >> I got it. >> Uh classes through Miami date county public schools sponsored by Commissioner Jean. A resolution of the mayor and city commission of the city of North Miami Beach, Florida, authorizing funding for the general education development and English for speakers of other languages

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classes for city of North Miami Beach residents enrolled at a city of North Miami Beach adult and community education center for the 2026 school year through Miami Day County Public Schools and each subsequent school year subject to funding approval during the

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city's budgetary process in an amount not to exceed blank per school year. You need to insert that. And further authorizing the city manager to execute any and all documents or agreements in connection with the program. So it says subject to

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funding approval, but you still need to insert uh a max. >> All right. Act. >> Thank you, Mr. Attorney. As was mentioned, the library has a similar program. Their program is is uh online. So in in contrast this would be an

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inperson at the actual school. Um currently the funds is about $30 to $45 for an individual to actually participate. So my my ask today is for 50 um residents and this was should be coming from our educational fund.

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>> Um ESOL classes are also online. >> I'm I don't I'm not sure if we offer ESO. Just know that GED we offer both >> GED is provided online through an online software and program. >> Actually, we have a teacher. I'm sorry. We have a teacher for ESOL at the library. >> So, I I'd like to

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>> Okay. Um I'm also actually working on this with Miami date college as well. And what they do is it's the classes are free but the test to take to find out identify what level ESOL or what level GED they are at is um the charge that is

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required by the state. The rest of it is actually also funded. It's completely free. And um what I wanted to do was instead of them having to go farther away like to a high school or to a location, they would actually have

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classes in the community centers. So this is something that I think that I would I mean I'd like to propose to maybe defer this so that we can talk about it and see if there's something that we can do jointly that will actually be most beneficial and cost

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less to the uh residents. Thank you for that. Um the current program that's h housed at North Miami Beach Senior High. So it's not something it's already there. Yeah, >> it's already there. So when you talk about hosting it in our community centers, you talk about staff time, you

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talk about timing for actual availability. So I would say that this could be something that we approved tonight should the commission want to. And definitely encourage you to bring your item as well. >> Okay. >> You could host it at the library where there's >> Yeah. I mean I every every community

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center that we have I will host like different classes at different places. >> So personally I prefer that this money goes to the library where there is already an existing program. I would I personally would give the money to the library instead. >> Miss through the mayor if I may. Um I

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spoke to North Miami Beach Senior High School. They teach um Creole, Spanish, French, uh and they teach reverse people that speak that language. They teach them or any language they teach him English. So the thing that

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bothers me is you're limiting it to 50 people because the funds um I think we should wait one year and get the deficit cut up. my thought on it >> um only because >> I didn't hear the the question I mean your statement

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>> because it's right here in North Miami Beach Senior High which is right there. I spoke to them today yesterday I'm sorry and um I think that we should wait one year before so we can catch the deficit up. >> I mean these funds obviously with the

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educational fund we've been doing an amazing job raising the fund. So this is not coming from general fund. This is donor based. >> And how much is that? How much educational fund right now? >> Currently maybe 10. I we just gave a slew of 10 students $1,000 scholarships.

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So I'm not sure what where the balance is there currently. >> How much is the >> how much do we have left in the educational fund fund? >> Those are sponsors. >> Huh? >> Sponsors. >> Oh, is it like is did it come from developers or I mean

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>> it's a mix. It's corporations. Many corporations have an educational allowment and all most cities have to do is ask. So my office myself been making asked Comcast, T-Mobile, etc.

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>> So how much? >> It's 25 >> 2500. Okay. >> Okay. Uh I'm u do I have a motion? >> So moved. >> I have a second. All in favor say I. I. >> I. >> Got a no. >> No. >> Two nos. All right. Next item.

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>> I need a motion to introduce 14.6. >> You know what? I'm a no. >> No, I don't make motions. >> Um, madame clerk, I'm a no on the last one. >> So, it's three um 34. Next >> motion. >> So, moved. Second >> item 14.6 SEX resolution number

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R2026-102 authorizing and approving budget transfer for NMBB water department sponsored by the city manager resolution mayor and city commission of the city of North Miami Beach for authorizing approving a budget transfer within the adual budget for fiscal year October 1st 2025 to September 30 2026 in the amount

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of $2,300,000 from capitals in progress account to sewage disposal fees account within the public utilities department to support Miami date county water and sewer department rate increase providing for implementation, providing for scriveners errors, and providing for an effective date.

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>> Move to approve. >> Second. >> Second. >> All in favor say I. >> I. Next item >> 147. We already dealt with uh the next if we need a res a motion to introduce. Well, no, 148 was deferred. >> That's Grenald. So, we need a motion to introduce 149.

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>> Resolution number R 2026-105. >> What is it? >> Uh item 14.9. Resolution number R2026-105 establishing the proposed maximum millage rate for the levying of outdoor arm taxes for fiscal year 2026-27

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sponsored by the city manager a resolution the mayor and city commission of the city of North Miami Beach Florida establishing the proposed maximum millage rate for the levying of advalarm taxes for the city of North Miami Beach for fiscal year 2026-27

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commencing October 1st 2026 the calculated rolled back rate and the date, time, and place for the first and second public budget hearings as required by law. Directing the city clerk and city manager to transmit this resolution to

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the property appraiser of Miami date county pursuant to the requirements of section 200.065 Florida statutes and the rules and regulations of the department of revenue for the state of Florida providing for implementation and providing for an

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effective date. Not what he's saying. >> Do I have a motion? >> So moved. >> So moved. >> Second. >> Theor taxes. >> How much? >> Sorry. >> 6.1. >> We're going to keep it at 6.1. Right. >> Yes. That is our record. >> Manager, can you also place or have your staff place the rolled back rate on the

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record? That should be done as well. >> Yes. I'll ask uh Mr. Anathan, our budget administrator, to come >> 5.7759 or something. >> Yeah. Can you can you read it into the record real quick, please? >> And while he comes up, Mr. Mayor, usually we get um Mr. Manager, we

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usually get um some kind of >> trim notice, >> the trim, but also the amount of taxes, the amount of taxes that would be yielded from the roll back rate, the amount of taxes that will be yielded. >> I I can help with that a little bit because I was wondering just this

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conversation if we didn't want to take it to 6.0, which I found out cost half a million. >> Well, he balances the budget based on >> manager. No, >> he's balancing he's balancing the budget based on that amount. >> I know, but what what happened? What

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happened is when I suggested to him, he had hair and now he has no hair because he didn't like but anyway to answer your question, uh, Commissioner Jean is the $500,000 is the difference. >> We need all the help we can get. So, can you read it to the sir?

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>> I knew I knew when he had >> Yes, sir. The question Bob budget administrator is the question. What is the World Bank rate? >> Yes. >> Uh looking up just so I don't mess it up. It's 5.77, [snorts] but let me check the last two digits. >> Uh 5.7759.

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>> Thank you. >> And what's the percentage increase if you have it, Mr. >> Percentage increase? Uh the proposed millage rate of 6.1 is 5.61% above the roll back rate. >> Thank you, sir. >> And and Mr. Manager, >> and you should read the dates into the

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record as well. Yes, >> the date of the first hearing is is scheduled for September 10th. The date of second hearing is scheduled for September 20 24th. Move >> to approve. >> Oh, wait. I have a question. Mr.

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Manager, I had I think I either spoke to you or texted you a few weeks ago about a new state law with the roll back. >> Is >> Yes, we're in compliance still. >> We're in compliance. >> Yeah. Can't go higher than a certain number either.

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>> I >> move to appoint Carlton Bule. >> No, that was no that was withdrawn. >> No, the next item is itemif item 18.1 the mayor's discussion item that wasn't moved up. >> What was it? What was it?

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>> We got >> Yeah, we got we got 10 minutes. >> All right. So move. >> Okay. Okay. You don't want to do All right. Motion to adjurnn. All >> I >> Good job. >> Good job, guys. Wow.

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Wow. >> I lost the pool. >> I I had 1:00 a.m. in the pool. I lost >> 10 minutes to spare.